Page images

Air Force: Personnel served by PSC
AIC Howard J. Doe, FR 248-50-5033, PSC

Box 861, APO New York 09109.
Air Force: Personnel served by unit mail-

room SSgt. James T. Duncan, FR 123–65–1048,

1838 Elect Instl Sq, Box 137, APO San Francisco 96274

(2) Navy and Marine Corps. Show full name, including first name and middle name or initial, rank or rating, seryice number, shore based organizational unit with Navy number, or mobile unit designation, or name of ship, and the fleet post office through which the mail is to be routed. Examples:

John M. Doe QMSN 686 54 70 USN,
USS Lyman K. Swenson (DD 729)
FPO San Francisco 96601.
Maj. John M. Doe 023492 USMCR,
Staff, Fleet Marine Force Pacific,
FPO San Francisco 96602.
James T. Doe, AQF-2, 329 76 83 USN,
U.S. Naval Air Facility,
FPO New York 09521.
Lt. Leroy A. Doe, 063941, USMC,
U.S. Marine Corps Air Facility,
FPO San Francisco 96672.

(3) Dependents residing with military personnel. Address mail to dependents residing in overseas areas in care of the sponsor. Example: Miss Mary J. Doe, c/o Sgt. Howard A. Doe, 345-67-8900, Company A, 1st Bn, 16th Int., APO New York 09036.

(4) Abbreviated addresses. Those mailers addressing mail by data processing equipment may shorten the address further by abbreviating the name of the gateway post office, as for example:

APO NY 09403.
APO SF 96503.
APO SEA 98749.

(b) Military mail within United States—(1) Army and Air Force. Show grade; full name, including first name and middle name or initial; social security account number; PSC box number if served by a PSC, or organization if not served by a PSC (and box number, if appropriate); military installation, State, and the ZIP Code.

Examples: Army: Pvt. Willard J. Doe, 300-52-6111, Co B,

Ist Bn, 12th Infantry, Fort Lewis, WA

98433. Air Force: Personnel served by PSC Sgt. John Goleski, FR 212-73–1954, PSC

Box 1843, Vandenberg AFB CA 93437.

Air Force: Personnel served by Unit mail

room A1C Walter J. Larkin, FR 062–18–6934, 1

Strat Aerosp Div, Box 107, Vandenberg
AFB CA 93437.

(2) Navy and Marine Corps. Show full name, including first name and middle name or initial, rank or rating, service number, organization, military installation and the ZIP Code. Examples:

B111 E. Smith, SK3, 331 20 54 USN,
U.S. Naval Supply Depot,
Great Lakes, IL 60088.
M/Sgt. Peter V. Perez, 1342165 USMC,
Headquarters Battalion,
Headquarters U.S. Marine Corps,
Henderson Hall,
Arlington, VA 22214.

(3) Dependents residing with military personnel. (i) Address mail to to dependents for delivery through the sponsor's military unit in care of the sponsor. Example: Master Robert Brown, c/o Sgt. Michael Brown, 081-32-6959, Company A, 6th Bn., 10th Inf., Fort Gordon, GA 30905.

(ii) Mail addressed to dependents for delivery at the sponsor's military quarters need not be addressed in care of the sponsor. Example: Master Robert Brown, 2519 C Street, Wright-Patterson AFB, OH 45433.

(c) Geographical address. Mail showing a foreign city and country in addition to the military address is subject to the rates of postage and conditions for international mail. (See Publication 42, "International Mail”.) (35 F.R. 19404, Dec. 23, 1970, as amended at 36 F.R. 20872 Oct. 30, 1971)

PART 123—NONMAILABLE MATTER Sec. 123.1 Introduction. 123.2 Harmful matter. 123.3 Intoxicating liquors. 123.4 Lotteries, false representations, libel

ous matter, and solicitations in the guise of bills or statements of

account. 123.5 Copyright violations. 123.6 Certain foreign communications. 123.7 Special materials. 123.8 Opinions on mallability.

AUTHORITY: The provisions of this Part 123 Issued under 39 U.S.C. 401, 3001-3011.

SOURCE: The provisions of this Part 123 appear at 35 F.R. 19407, Dec. 23, 1970, unless otherwise noted.

123.1 Introduction.

chemical, or other devices or composi

tions which may ignite or explode. (a) Description. Nonmailable matter

(b) General examples of harmful matincludes all matter which is by law, regu

ter. Harmful matter includes, among lation, or treaty stipulation, prohibited

others, that which is likely to destroy, from being sent in the mail or which can

deface, or otherwise damage the contents not be forwarded to its destination be

of the mailbags or harm the person of cause of illegible, incorrect, or insufficient

anyone engaged in the Postal Service, address.

such as caustic poisons (acids and alka(b) Applicability. The harmful or ob

lies), oxidizing materials, or highly flamjectionable items identified in this part

mable solids; or which are likely under are some of the matter which may not be

conditions incident to transportation to sent through the mail, as a matter of ab

cause fires through friction, through absolute prohibition. See Part 124 for mat

sorption of moisture, through spontaneter mailable only under special rules or

ous chemical changes or as a result of conditions. Notwithstanding any state

retained heat from manufacturing or ment contained in Part 123, the bur

processing; explosives or containers preden rests with the mailer to assure that

viously used for shipping high explosives he has complied with the law. In addi

having a liquid ingredient (such as dynation to the nonmailable items mentioned

mite), ammunition; fireworks; highly in this part, certain other articles are

flammable liquids or substances; radioprohibited in the mail to military post

active materials; matches; or articles offices overseas (Part 126).

emitting a bad odor. (c) Penalties for violation. Severe

(c) Acceptability if properly packed. penalties, by fine or imprisonment, or

When authorized by the Postmaster both, are provided for persons who know

General, various articles specified in this ingly mail or cause to be mailed, any

part as being nonmailable may be sent matter which has been declared non

through the mail if they conform to spemailable under law.

cial regulations as to preparation and (d) Nonconformity with postal regu

packaging and if they are not outwardly lations. Regardless of its nature, matter

dangerous, or of their own force dangermay not be mailed in any form if done

ous or injurious to life, health, or propin violation of postal regulations for such

erty. See part 124. reasons as failure to pay postage, im

(d) Radioactive matter. Regulations proper size or weight, improper permits,

on radioactive matter will be published improper addresses, etc.

shortly. (e) Responsibility of mailer. When mailers are in doubt as to whether any

§ 123.3 Intoxicating liquors. matter is properly mailable, they should (a) Spiritous, vinous, malted, ferask the postmaster. Even though the mented, or other intoxicating liquors of Postal Service has not expressly declared any kind containing more than 3.2 perany matter to be nonmailable, the mailer cent of alcohol by weight. of such matter may be held fully liable (b) Intoxicating liquors containing for violation of law if he does actually not more than 3.2 percent of alcohol by send nonmailable matter through the weight when addressed to a Territory or mail.

district of the United States, the laws of 8 123.2 Harmful matter.

which prohibit the manufacture or sale

therein of alcoholic beverages of that (a) General provision of law. Any ar content. ticles, compositions, or materials, which

§ 123.4 Lotteries, false representations, may kill or injure another or injure the

libelous matter and solicitations in mail or other property, are nonmailable.

the guise of bills or statements of This includes but is not limited to:

account. (1) All kinds of poison or matter con (a) Lotteries. (1) Any letter, packtaining poison.

age, postal card, or circular concerning (2) All poisonous animals, except scor

any lottery, gift enterprise, or similar pions (see § 124.3(e), all poisonous in

scheme offering prizes dependent in sects, all poisonous reptiles, and all kinds

whole or in part on lot or chance. of snakes.

(2) Any lottery ticket or part thereof (3) All disease germs or scabs.

or substitute. (4) All explosives, flammable material. (3) Any form of payment for a lottery infernal machines, and mechanical, ticket or share.

(4) Any newspaper, circular, pam. phlet, or publication of any kind containing any advertisement of a lottery or similar enterprise, or any list of prizes awarded in such an enterprise.

(b) Fishing contest exception. Section 123.4(a) does not apply to any fishing contest not conducted for profit wherein prizes are awarded for the species, size, weight, or quality of fish caught by contestants in any bona fide fishing or recreational agent.

(c) False representations. Anything mailed in pursuance of any scheme for obtaining money or property of any kind through the mail. by means of false representations.

(d) Fictitious matter. Any matter addressed to a person using any fictitious, false, or assumed name, title, or address in conducting, promoting, or carrying on or assisting therein, through the mail, any business scheme or device in violation of law. The recipient must appear at the post office of receipt and be identified. If the addressee fails to appear and be identified, after notification, or if the fictitious character of such mail is established to the satisfaction of the Postmaster General, it is forwarded to the dead letter office as fictitious matter or otherwise disposed of as the Postmaster General directs.

Te Libelous matter. Any matter otherwise mailable which has on its outside wrapper or envelope, or any postal card or post card carrying on it:

(1) Any libelous, scurrilous, defamatory, or threatening language, whether written or printed, or which by its manner or style of display is obviously intended to reflect injuriously on the character or conduct of another, or

(2) Any language asking for payment of a bill, which by its manner or style of display is defamatory and deflects injuriously on the character of the addressee.

(f) Solicitations in the guise of bills or statements of account (39 U.S.C. 3001(d)). Any otherwise mailable matter which reasonably could be considered a bill, invoice, or statement of account due, but is in fact a solicitation for an order, is nonmailable unless it conforms to the following requirements:

(1) Each such solicitation shall bear the notice: THIS IS NOT A BILL. The notice shall appear on the face of such solicitation in boldface capital letters of a color prominently contrasting with the background against which it appears,

including all other print thereon, and at least as large and as bold as any other print thereon but not smaller than 30point type. The notice shall be located in accordance with one of the following options:

(i) On the center of the diagonal described by a straight line drawn from the vertex of the lower left corner to the vertex of the upper right corner; or

(ii) Overprinting each portion of the solicitation which reasonably could be considered to specify a monetary amount due and payable by the recipient.

(2) In addition to the requirements of subparagraph (1) of this paragraph, such solicitation shall bear on its face the following disclaimer:


(3) The disclaimer required by subparagraph (2) of this paragraph shall meet the following requirements:

(i) It shall be surrounded by clear space of at least one-quarter inch;

(ii) It shall appear in boldface capital letters no smaller than 18-point type and of the same color as the notice required by subparagraph (1) of this paragraph; and

(iii) It shall not, by folding or any other device, be rendered less prominent than any other information on the face of the solicitation.

(4) Any solicitation which states that it has been approved by the Postal Seryice or by the Postmaster General or that it conforms to any postal law or regulation is nonmailable. (35 F.R. 19407, Dec. 23, 1970, as amended at 37 F.R. 24825, Nov. 22, 1972) § 123.5 Copyright violations.

Publications which violate copyrights granted by the United States. § 123.6 Certain foreign communica

tions. (a) Matter addressed to foreign countries, posted in violation of law or treaty stipulations.

(b) Matter of any kind giving or offering to give information concerning procurement of a divorce in a foreign country and designed to solicit business in connection with such procurement. § 123.7 Special materials.

(a) Lewd or filthy matter. Obscene. lewd, lascivious, or filthy publications or writings, or mail containing information

concerning where, how, or from whom (b) Postmasters and other employees such may be obtained, and matter which at post offices will not give opinions to is otherwise mailable but which has on public concerning the mailability of its wrapper or envelope any indecent, matter under $ $ 123.4, 123.5, 123.6, 123.7, lewd, lascivious, or obscene writing or 124.5, and 124.6. When in doubt as to the printing. Any mail containing any filthy, mailability of any such matter, the postvile, or indecent thing.

master will withhold it from dispatch or (b) Abortive and contraceptive mate delivery and will send a sample or a comrials. (1) Any article or thing designed, plete statement of the facts to the Conadapted, or intended for producing abor- sumer Protection Office, Law Departtion, and any written or printed matter, ment, for instructions. Newspapers advertisement, or notice of any kind giv containing doubtful matter should be ing information as to how to obtain any promptly reported to the Consumer Prosuch article or thing or which is intended tection Office, Law Department, but they to induce or incite the use or applica- should not be withheld from dispatch tion of any such article or thing for pro- without specific instructions. ducing abortion.

(2) (i) Except as provided in subdivi- PART 124_MATTER MAILABLE sion (ii) of this subparagraph, any un

UNDER SPECIAL RULES solicited article or thing which is de

Sec. signed, adapted, or intended for prevent

124.1 Legal restrictions. ing conception or any unsolicited ad 124.2 Conditions for mailing. vertisement of any such article or thing. 124.3 Perishable matter. Advertisements contained in a publica

124.4. Plant quarantines. tion for which the addressee has paid or

124.5 Concealable firearms.

124.6 Switchblade knives. promised to pay a consideration or which

124.7 Motor vehicle master keys. he has otherwise indicated he desires to

124.8 Identification and marking. receive, are not “unsolicited.”

124.9 Sexually oriented advertisements. (ii) Unsolicited samples of articles or

AUTHORITY: The provisions of this part things which are designed, adapted, or

124 issued under 39 U.S.C. 401, 3001–3011. intended for preventing conception, and unsolicited advertisements for such ar

SOURCE: The provisions of this part 124 ails

appear at 35 F.R. 19409, Dec. 23, 1970, unless to a manufacturer of such articles or

otherwise noted. things, a dealer therein, a licensed physi- § 124.1 Legal restrictions. cian or surgeon, or a nurse, pharmacist,

(a) Harmful matter. (1) Certain items druggist, hospital or clinic, are mailable.

barred from the mail, as set forth in Part (c) Inciting to violence. Any matter

123, may be mailed if prepared and of a character tending to incite arson,

packaged in accordance with this part. murder, or assassination.

These are items not outwardly or of their (d) Disloyalty and threats to the

own force dangerous or injurious to life, President. (1) Any letter, publication, or

health, or property. thing containing any matter advocating

(2) This part covers generally some of or urging treason, insurrection, or forc

the more common situations; however, ible resistance to any law of the United

the burden rests with the mailer to asStates.

sure that he has complied with the law (2) Any letter or other matter con

and that anything shipped by him has taining any threat to take the life of, or

been properly prepared and packaged. to inflict bodily harm upon, the Presi

The ordinary test of adequate preparadent of the United States.

tion and packaging is whether the con(35 F.R. 19407, Dec. 23, 1970 as amended at

tents of a parcel are safely preserved 36 F.R. 19974, Oct. 14, 1971)

under ordinary hazards of mail handling § 123.8 Opinions on mailability.

and transportation.

(3) Products, materials, and devices (a) When in doubt as to the mailability of any matter described in

are created or modified with such fre88 123.2, 123.3, 124.2, 124.3 and 124.4, the

quency that the Postal Service is unable postmaster will submit a sample or a

to issue general rulings in advance to complete statement of the facts to the govern adequate preparation and packClassification Division, Office of Rates aging. Any mailer may, however, request and Classification, Finance Department, the Postal Service, in advance, for a and await instructions.

specific ruling as to mailability of his item. The request should be addressed to tainer must be cushioned inside the the local postmaster, who will forward it carton to absorb shock and impact. to the Classification Division, Office of Where feasible, absorbent material must Rates and Classification, Finance De- be used to take up all the liquid in case partment, U.S. Postal Service, Washing of breakage. ton, D.C. 20260.

(c) Combustible and gaseous. (1) In (b) Applicability of other laws. (1) addition to precautions specified in Although not unmailable, as defined in § 124.2(b), containers of flammable part 123, certain other items may be liquids must have sufficient air space to mailed only if they comply with appli- allow for vapor expansion under variacable Federal laws and regulations.

tions. This guards against bursting from (2) Any special conditions or limita internal pressure. tions placed on transportation or move (2) Compressed gas containers must ment of certain things shall govern ad- be of metal or nonshattering steel types, missibility to the U.S. mail, when im as required by the Federal agencies. In posed under law by the U.S. Department addition to being cushioned to absorb of the Treasury; U.S. Department of shock, containers with release mechaAgriculture; U.S. Department of Com- nisms must be protected against damage merce; U.S. Department of Health, Edu- or accidental discharge in transit. cation, and Welfare; U.S. Department of (d) Matches. Restrictions relating to Transportation; or any other Federal matches in the mail are as follows: department or agency having legal (1) Strike-anywhere matches may not jurisdiction.

be mailed. (c) Penalties. Failure to comply with (2) Safety matches of a strike-onlythe regulations of the Postmaster Gen on-box or book variety may be mailed eral, as prescribed in this part, as to under the following conditions: matter otherwise nonmailable, consti (i) Their minimum ignition temperatutes a violation of law.

ture must not be less than 338° F. § 124.2 Conditions for mailing.

(ii) They will not ignite when exposed

to temperatures up to 194° F. for a period (a) General nature of precautions of 2 hours. required. (1) The restrictions against (iii) They will not ignite when the mailing of harmful matter, from which heads of any two matches are vigorously relief is granted by this part, are in rubbed together at least five times. tended to prevent damage or harm to (iv) They must be packaged in conpostal and transportation personnel, to tainers adequately insulated with alumiprevent damage or destruction of other num foil, asbestos, or other fire retardant mail and property, to avoid obnoxious material. They may also be packaged in odors, and to prevent the spread of dis securely closed cartons of bleached maease and infection.

nila or kraft type board of not less than (2) Basic precautions, covered gen- 0.022 inch thick, testing at least 100 erally in this section, relate to the inner points (Mullen test) when each carton containers holding the harmful matter, contains not more than 1,500 matches internal cushioning and protection, and made up not to exceed 50 books of not exterior packaging and marking.

more than 30 match sticks in each book, (b) Liquids (nonflammable) and pow or in small boxes of approximately 36 ders. (1) Precautions must be taken in wooden sticks in each box. the case of liquids, pastes, salves, ink (v) Book matches must be arranged powders, pepper, snuff, or other pulver symmetrically to completely fill the carized materials against damage to mail tons and positioned so that the heads of and property from leakage and against the matches cannot strike or rub against caustic, irritant, toxic, or soiling effect friction surfaces on the books. on mailhandling personnel.

(e) Radioactive materials. In addition (2) Containers must meet any appli- to special packaging precautions, as precable Federal specifications. Closures scribed in this part, a package containmust effectively seal the contents against ing radioactive materials must not emit leakage. Friction tops must be fastened from its exterior any significant alpha, with solder, clips, or otherwise so that beta, or neutron radiations. The gamma they will not come off under impact. radiation at any surface of the package

(3) Glass or other breakable con- must be less than 10 milliroentgens for tainers of liquid must be packaged to 24 hours. The package must not contain withstand handling en route. The con more than 0.1 millicuries of radium, or

« PreviousContinue »