Laws: Cases and Codes : U.S. Code: Title 39 : Section 3001
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U.S. Code as of:
01/19/04
Section 3001. Nonmailable matter
(a) Matter the deposit of which in the mails is punishable under
section 1302, 1341, 1342, 1461, 1463, 1715, 1716, 1717, or 1738
(!1) of title 18, or section 26 of the Animal Welfare Act is
nonmailable.
(b) Except as provided in subsection (c) of this section,
nonmailable matter which reaches the office of delivery, or which
may be seized or detained for violation of law, shall be disposed
of as the Postal Service shall direct.
(c)(1) Matter which -
(A) exceeds the size and weight limits prescribed for the
particular class of mail; or
(B) is of a character perishable within the period required for
transportation and delivery;
is nonmailable.
(2) Matter made nonmailable by this subsection which reaches the
office of destination may be delivered in accordance with its
address, if the party addressed furnishes the name and address of
the sender.
(d) Matter otherwise legally acceptable in the mails which -
(1) is in the form of, and reasonably could be interpreted or
construed as, a bill, invoice, or statement of account due; but
(2) constitutes, in fact, a solicitation for the order by the
addressee of goods or services, or both;
is nonmailable matter, shall not be carried or delivered by mail,
and shall be disposed of as the Postal Service directs, unless such
matter bears on its face, in conspicuous and legible type in
contrast by typography, layout, or color with other printing on its
face, in accordance with regulations which the Postal Service shall
prescribe -
(A) the following notice: "This is a solicitation for the order
of goods or services, or both, and not a bill, invoice, or
statement of account due. You are under no obligation to make any
payments on account of this offer unless you accept this offer.";
or
(B) in lieu thereof, a notice to the same effect in words which
the Postal Service may prescribe.
(e)(1) Any matter which is unsolicited by the addressee and which
is designed, adapted, or intended for preventing conception (except
unsolicited samples thereof mailed to a manufacturer thereof, a
dealer therein, a licensed physician or surgeon, or a nurse,
pharmacist, druggist, hospital, or clinic) is nonmailable matter,
shall not be carried or delivered by mail, and shall be disposed of
as the Postal Service directs.
(2) Any unsolicited advertisement of matter which is designed,
adapted, or intended for preventing conception is nonmailable
matter, shall not be carried or delivered by mail, and shall be
disposed of as the Postal Service directs unless the advertisement
-
(A) is mailed to a manufacturer of such matter, a dealer
therein, a licensed physician or surgeon, or a nurse, pharmacist,
druggist, hospital, or clinic; or
(B) accompanies in the same parcel any unsolicited sample
excepted by paragraph (1) of this subsection.
An advertisement shall not be deemed to be unsolicited for the
purposes of this paragraph if it is contained in a publication for
which the addressee has paid or promised to pay a consideration or
which he has otherwise indicated he desires to receive.
(f) Any matter which is unsolicited by the addressee, which
contains a "household substance" (as defined by section 2 of the
Poison Prevention Packaging Act of 1970), and which does not comply
with the requirements for special child-resistant packaging
established for that substance by the Consumer Product Safety
Commission, is nonmailable matter, shall not be carried or
delivered by mail, and shall be disposed of as the Postal Service
directs.
(g)(1) Matter otherwise legally acceptable in the mails which
contains or includes a fragrance advertising sample is nonmailable
matter, shall not be carried or delivered by mail, and shall be
disposed of as the Postal Service directs, unless the sample is
sealed, wrapped, treated, or otherwise prepared in a manner
reasonably designed to prevent individuals from being unknowingly
or involuntarily exposed to the sample.
(2) The Postal Service shall by regulation establish the
standards or requirements which a fragrance advertising sample must
satisfy in order for the mail matter involved not to be considered
nonmailable under this subsection.
(h) Matter otherwise legally acceptable in the mails which
constitutes a solicitation by a nongovernmental entity for the
purchase of or payment for a product or service; and which
reasonably could be interpreted or construed as implying any
Federal Government connection, approval, or endorsement through the
use of a seal, insignia, reference to the Postmaster General,
citation to a Federal statute, name of a Federal agency,
department, commission, or program, trade or brand name, or any
other term or symbol; or contains any reference to the Postmaster
General or a citation to a Federal statute that misrepresents
either the identity of the mailer or the protection or status
afforded such matter by the Federal Government is nonmailable
matter and shall not be carried or delivered by mail, and shall be
disposed of as the Postal Service directs, unless -
(1) such nongovernmental entity has such expressed connection,
approval or endorsement;
(2)(A) such matter bears on its face, in conspicuous and
legible type in contrast by typography, layout, or color with
other printing on its face, in accordance with regulations which
the Postal Service shall prescribe, the following notice: "THIS
PRODUCT OR SERVICE HAS NOT BEEN APPROVED OR ENDORSED BY THE
FEDERAL GOVERNMENT, AND THIS OFFER IS NOT BEING MADE BY AN AGENCY
OF THE FEDERAL GOVERNMENT.", or a notice to the same effect in
words which the Postal Service may prescribe;
(B) the envelope or outside cover or wrapper in which such
matter is mailed bears on its face in capital letters and in
conspicuous and legible type, in accordance with regulations
which the Postal Service shall prescribe, the following notice:
"THIS IS NOT A GOVERNMENT DOCUMENT.", or a notice to the same
effect in words which the Postal Service may prescribe; and
(C) such matter does not contain a false representation stating
or implying that Federal Government benefits or services will be
affected by any purchase or nonpurchase; or
(3) such matter is contained in a publication for which the
addressee has paid or promised to pay a consideration or which he
has otherwise indicated he desires to receive, except that this
paragraph shall not apply if the solicitation is on behalf of the
publisher of the publication.
(i) Matter otherwise legally acceptable in the mails which
constitutes a solicitation by a nongovernmental entity for
information or the contribution of funds or membership fees and
which reasonably could be interpreted or construed as implying any
Federal Government connection, approval, or endorsement through the
use of a seal, insignia, reference to the Postmaster General,
citation to a Federal statute, name of a Federal agency,
department, commission, or program, trade or brand name, or any
other term or symbol; or contains any reference to the Postmaster
General or a citation to a Federal statute that misrepresents
either the identity of the mailer or the protection or status
afforded such matter by the Federal Government is nonmailable
matter and shall not be carried or delivered by mail, and shall be
disposed of as the Postal Service directs, unless -
(1) such nongovernmental entity has such expressed connection,
approval or endorsement;
(2)(A) such matter bears on its face, in conspicuous and
legible type in contrast by typography, layout, or color with
other printing on its face, in accordance with regulations which
the Postal Service shall prescribe, the following notice: "THIS
ORGANIZATION HAS NOT BEEN APPROVED OR ENDORSED BY THE FEDERAL
GOVERNMENT, AND THIS OFFER IS NOT BEING MADE BY AN AGENCY OF THE
FEDERAL GOVERNMENT.", or a notice to the same effect in words
which the Postal Service may prescribe;
(B) the envelope or outside cover or wrapper in which such
matter is mailed bears on its face in capital letters and in
conspicuous and legible type, in accordance with regulations
which the Postal Service shall prescribe, the following notice:
"THIS IS NOT A GOVERNMENT DOCUMENT.", or a notice to the same
effect in words which the Postal Service may prescribe; and
(C) such matter does not contain a false representation stating
or implying that Federal Government benefits or services will be
affected by any contribution or noncontribution; or
(3) such matter is contained in a publication for which the
addressee has paid or promised to pay a consideration or which he
has otherwise indicated he desires to receive, except that this
paragraph shall not apply if the solicitation is on behalf of the
publisher of the publication.
(j)(1) Any matter otherwise legally acceptable in the mails which
is described in paragraph (2) is nonmailable matter, shall not be
carried or delivered by mail, and shall be disposed of as the
Postal Service directs.
(2) Matter described in this paragraph is any matter that -
(A) constitutes a solicitation for the purchase of or payment
for any product or service that -
(i) is provided by the Federal Government; and
(ii) may be obtained without cost from the Federal
Government; and
(B) does not contain a clear and conspicuous statement giving
notice of the information set forth in clauses (i) and (ii) of
subparagraph (A).
(k)(1) In this subsection -
(A) the term "clearly and conspicuously displayed" means
presented in a manner that is readily noticeable, readable, and
understandable to the group to whom the applicable matter is
disseminated;
(B) the term "facsimile check" means any matter that -
(i) is designed to resemble a check or other negotiable
instrument; but
(ii) is not negotiable;
(C) the term "skill contest" means a puzzle, game, competition,
or other contest in which -
(i) a prize is awarded or offered;
(ii) the outcome depends predominately on the skill of the
contestant; and
(iii) a purchase, payment, or donation is required or implied
to be required to enter the contest; and
(D) the term "sweepstakes" means a game of chance for which no
consideration is required to enter.
(2) Except as provided in paragraph (4), any matter otherwise
legally acceptable in the mails which is described in paragraph (3)
is nonmailable matter, shall not be carried or delivered by mail,
and shall be disposed of as the Postal Service directs.
(3) Matter described in this paragraph is any matter that -
(A)(i) includes entry materials for a sweepstakes or a
promotion that purports to be a sweepstakes; and
(ii)(I) does not contain a statement that discloses in the
mailing, in the rules, and on the order or entry form, that no
purchase is necessary to enter such sweepstakes;
(II) does not contain a statement that discloses in the
mailing, in the rules, and on the order or entry form, that a
purchase will not improve an individual's chances of winning with
such entry;
(III) does not state all terms and conditions of the
sweepstakes promotion, including the rules and entry procedures
for the sweepstakes;
(IV) does not disclose the sponsor or mailer of such matter and
the principal place of business or an address at which the
sponsor or mailer may be contacted;
(V) does not contain sweepstakes rules that state -
(aa) the estimated odds of winning each prize;
(bb) the quantity, estimated retail value, and nature of each
prize; and
(cc) the schedule of any payments made over time;
(VI) represents that individuals not purchasing products or
services may be disqualified from receiving future sweepstakes
mailings;
(VII) requires that a sweepstakes entry be accompanied by an
order or payment for a product or service previously ordered;
(VIII) represents that an individual is a winner of a prize
unless that individual has won such prize; or
(IX) contains a representation that contradicts, or is
inconsistent with sweepstakes rules or any other disclosure
required to be made under this subsection, including any
statement qualifying, limiting, or explaining the rules or
disclosures in a manner inconsistent with such rules or
disclosures;
(B)(i) includes entry materials for a skill contest or a
promotion that purports to be a skill contest; and
(ii)(I) does not state all terms and conditions of the skill
contest, including the rules and entry procedures for the skill
contest;
(II) does not disclose the sponsor or mailer of the skill
contest and the principal place of business or an address at
which the sponsor or mailer may be contacted; or
(III) does not contain skill contest rules that state, as
applicable -
(aa) the number of rounds or levels of the contest and the
cost to enter each round or level;
(bb) that subsequent rounds or levels will be more difficult
to solve;
(cc) the maximum cost to enter all rounds or levels;
(dd) the estimated number or percentage of entrants who may
correctly solve the skill contest or the approximate number or
percentage of entrants correctly solving the past 3 skill
contests conducted by the sponsor;
(ee) the identity or description of the qualifications of the
judges if the contest is judged by other than the sponsor;
(ff) the method used in judging;
(gg) the date by which the winner or winners will be
determined and the date or process by which prizes will be
awarded;
(hh) the quantity, estimated retail value, and nature of each
prize; and
(ii) the schedule of any payments made over time; or
(C) includes any facsimile check that does not contain a
statement on the check itself that such check is not a negotiable
instrument and has no cash value.
(4) Matter that appears in a magazine, newspaper, or other
periodical shall be exempt from paragraph (2) if such matter -
(A) is not directed to a named individual; or
(B) does not include an opportunity to make a payment or order
a product or service.
(5) Any statement, notice, or disclaimer required under paragraph
(3) shall be clearly and conspicuously displayed. Any statement,
notice, or disclaimer required under subclause (I) or (II) of
paragraph (3)(A)(ii) shall be displayed more conspicuously than
would otherwise be required under the preceding sentence.
(6) In the enforcement of paragraph (3), the Postal Service shall
consider all of the materials included in the mailing and the
material and language on and visible through the envelope or
outside cover or wrapper in which those materials are mailed.
(l)(1) Any person who uses the mails for any matter to which
subsection (h), (i), (j), or (k) applies shall adopt reasonable
practices and procedures to prevent the mailing of such matter to
any person who, personally or through a conservator, guardian, or
individual with power of attorney -
(A) submits to the mailer of such matter a written request that
such matter should not be mailed to such person; or
(B)(i) submits such a written request to the attorney general
of the appropriate State (or any State government officer who
transmits the request to that attorney general); and
(ii) that attorney general transmits such request to the
mailer.
(2) Any person who mails matter to which subsection (h), (i),
(j), or (k) applies shall maintain or cause to be maintained a
record of all requests made under paragraph (1). The records shall
be maintained in a form to permit the suppression of an applicable
name at the applicable address for a 5-year period beginning on the
date the written request under paragraph (1) is submitted to the
mailer.
(m) Except as otherwise provided by law, proceedings concerning
the mailability of matter under this chapter and chapters 71 and 83
of title 18 shall be conducted in accordance with chapters 5 and 7
of title 5.
(n) The district courts, together with the District Court of the
Virgin Islands and the District Court of Guam, shall have
jurisdiction, upon cause shown, to enjoin violations of section
1716 of title 18.
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