§ 3015. — Nonmailable plant pests and injurious animals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC3015]
TITLE 39--POSTAL SERVICE
PART IV--MAIL MATTER
CHAPTER 30--NONMAILABLE MATTER
Sec. 3015. Nonmailable plant pests and injurious animals
(a) Injurious Animals.--Any injurious animal, the importation or
interstate shipment of which is prohibited pursuant to section 42 of
title 18, constitutes nonmailable matter.
(b) Plant Pests.--Any plant pest, the movement of which is
prohibited pursuant to section 103 or 104 of the Federal Plant Pest Act
(7 U.S.C. 150bb or 150cc),\1\ constitutes nonmailable matter.
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\1\ See References in Text note below.
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(c) Plants.--Any plant, article, or matter, the importation or
interstate shipment of which is prohibited pursuant to the Act of August
20, 1912 (37 Stat. 315, chapter 308; 7 U.S.C. 151 et seq.) (commonly
known as the ``Plant Quarantine Act''),\1\ constitutes nonmailable
matter.
(d) Illegally Taken Fish, Wildlife, or Plants.--Any fish, wildlife,
or plant, the conveyance of which is prohibited pursuant to section 3 of
the Lacey Act Amendments of 1981 (16 U.S.C. 3372), constitutes
nonmailable matter.
(Added Pub. L. 102-393, title VI, Sec. 631(d)(1), Oct. 6, 1992, 106
Stat. 1776.)
References in Text
Sections 103 and 104 of the Federal Plant Pest Act (7 U.S.C. 150bb,
150cc), referred to in subsec. (b), were repealed by Pub. L. 106-224,
title IV, Sec. 438(a)(2), June 20, 2000, 114 Stat. 454.
The Plant Quarantine Act, referred to in subsec. (c), is act Aug.
20, 1912, ch. 308, 37 Stat. 315, as amended, which was classified
generally to chapter 8 (Sec. 151 et seq.) of Title 7, Agriculture, prior
to repeal by Pub. L. 106-224, title IV, Sec. 438(a)(1), June 20, 2000,
114 Stat. 454. For complete classification of this Act to the Code, see
Tables.
Short Title
Section 631(e) of Pub. L. 102-393 provided that: ``This section
[enacting this section and provisions set out below] may be cited as the
`Alien Species Prevention and Enforcement Act of 1992'.''
Alien Species Prevention and Enforcement in Hawaii
Section 631(a)-(c) of Pub. L. 102-393 provided that:
``(a) Pests in the Mails.--
``(1) In general.--Subject to paragraph (2), the Secretary of
Agriculture shall hereafter operate a program, under terms and
conditions acceptable to the Postal Service, to protect Hawaii from
the introduction of prohibited plants, plant pests, and injurious
animals that may be contained in mail received in Hawaii, except
that this subsection shall not apply to mail that originates and is
intended for delivery outside the United States.
``(2) Memorandum of understanding.--For the purpose of carrying
out the program operated under paragraph (1), the Secretary of
Agriculture shall enter into a memorandum of understanding or other
agreement with the Secretary of the Interior relating to prohibited
plants, plant pests, or injurious animals under the jurisdiction of
the Department of the Interior.
``(3) Remedial action.--If, pursuant to the program, mail is
found to contain a prohibited plant, plant pest, or injurious
animal, the Secretary shall--
``(A) make a record of the prohibited plant, plant pest, or
injurious animal found in the mail;
``(B) take appropriate action to prevent the introduction of
the prohibited material into Hawaii; and
``(C) determine whether the facts and circumstances warrant
seeking prosecution under a law prohibiting the conveyance of a
plant, plant pest, or injurious animal.
``(4) Definitions.--As used in this subsection:
``(A) Injurious animal.--The term `injurious animal' means
an animal the importation or interstate shipment of which is
prohibited by section 42 of title 18, United States Code.
``(B) Plant.--The term `plant' means a plant from any class
of plants, or any other article or matter, the importation or
interstate shipment of which is prohibited under the Act of
August 20, 1912 (37 Stat. 315, chapter 308; 7 U.S.C. 151 et
seq.) (commonly known as the `Plant Quarantine Act').
``(C) Plant pest.--The term `plant pest' means any organism
or substance the importation or interstate shipment of which is
prohibited under the Federal Plant Pest Act (7 U.S.C. 150aa et
seq.).
``(b) Cooperative Agreements With Hawaii To Enforce Certain
Agricultural Quarantine Laws.--
``(1) Agreement between secretary of agriculture and hawaii.--
``(A) In general.--Not later than 90 days after the date of
enactment of this Act [Oct. 6, 1992], the Secretary of
Agriculture shall offer to enter into a cooperative agreement
with the State of Hawaii for a 2-year period to enforce in the
State--
``(i) the Act of August 20, 1912 (37 Stat. 315, chapter
308; 7 U.S.C. 151 et seq.) (commonly known as the `Plant
Quarantine Act');
``(ii) the Federal Plant Pest Act (7 U.S.C. 150aa et
seq.); and
``(iii) the matter under the heading `Enforcement of the
plant-quarantine Act:' of the Act of March 4, 1915 (38 Stat.
1113; 7 U.S.C. 166 [7760]) (commonly known as the `Terminal
Inspection Act').
``(B) Inspection of plants and plant products.--The
cooperative agreement shall establish a specific procedure for
the submission and approval of the names of plants and plant
products that the State of Hawaii elects to inspect under the
provision of law referred to in subparagraph (A)(iii).
``(C) Authority.--The Secretary shall carry out this
paragraph under the authority provided by--
``(i) section 102 of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 147a);
``(ii) section 3 of the Act of May 29, 1884 (23 Stat.
32, chapter 60; 21 U.S.C. 114); and
``(iii) section 11 of the Department of Agriculture
Organic Act of 1956 (7 U.S.C. 114a) [probably means section
11 of act May 29, 1884, as added by the Department of
Agriculture Organic Act of 1944, which is classified to 21
U.S.C. 114a].
``(2) Agreement between secretary of the interior and hawaii.--
``(A) In general.--Not later than 90 days after the date of
enactment of this Act [Oct. 6, 1992], the Secretary of the
Interior shall offer to enter into a cooperative agreement with
the State of Hawaii for a 2-year period to enforce in the State
the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.).
``(B) Authority.--The Secretary shall use to carry out this
paragraph the authority provided under section 3 of the Fish and
Wildlife Improvement Act of 1978 (16 U.S.C. 742l).
``(3) Agreement between postal service and hawaii.--
``(A) In general.--Not later than 90 days after the date of
enactment of this Act, the Postal Service shall offer to enter
into a cooperative agreement with the State of Hawaii for a 2-
year period to enforce in the State, under terms and conditions
acceptable to the Postal Service and in compliance with postal
regulations, Public Law 100-574 [enacting section 3014 of this
title, sections 1716B and 1716C of Title 18, Crimes and Criminal
Procedure, and provisions set out as a note under section 3014
of this title] and the amendments made by such Public Law.
``(B) Authority.--The Postal Service shall use to carry out
this paragraph the authority provided under section 3014 of
title 39, United States Code.
``(4) Cooperative programs.--Any program conducted jointly by
the State of Hawaii and any Federal agency under this subsection
that in any way affects the mail or the postal system of the United
States shall comply with postal regulations and shall be conducted
under terms and conditions acceptable to the Postal Service.
``(5) Extension of agreements.--A cooperative agreement entered
into under this subsection may be extended by mutual consent of the
parties to the agreement.
``(c) Public Information Program on Prohibitions Against Shipment or
Transportation of Plant Pests and Injurious Animals.--
``(1) In general.--The Postal Service, the Secretary of the
Interior, and the Secretary of Agriculture shall jointly establish a
public information program to inform the public on--
``(A) the prohibitions against the shipment or
transportation of plants, plants [sic] pests, and injurious
animals; and
``(B) the consequences of violating Federal laws designed to
prevent the introduction of alien species into the State of
Hawaii and other areas of the United States.
``(2) Methods.--In carrying out paragraph (1), the Postal
Service and Secretaries may--
``(A) use public service announcements, mail, and other
forms of distributing information, dial-up information services,
and such other methods as will effectively communicate the
information described in paragraph (1); and
``(B) cooperate with State and private organizations to
carry out the program established under this subsection.
``(3) Study.--Not later than 1 year after the program
established under subsection (a) commences, the Secretary of
Agriculture, in cooperation with the Secretary of the Interior, the
Postal Service, and the State of Hawaii, shall--
``(A) conduct a study to determine the proportion of plant
pests and injurious animals that are introduced into Hawaii by
various modes of commerce; and
``(B) report the results of the study to Congress.''
Section Referred to in Other Sections
This section is referred to in title 18 section 1716D.