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§ 3001. —  Nonmailable matter.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 39USC3001]

 
                        TITLE 39--POSTAL SERVICE
 
                          PART IV--MAIL MATTER
 
                     CHAPTER 30--NONMAILABLE MATTER
 
Sec. 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.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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    (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.

(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 745; Pub. L. 91-662, Sec. 6(1), 
Jan. 8, 1971, 84 Stat. 1974; Pub. L. 92-191, Sec. 2, Dec. 15, 1971, 85 
Stat. 647; Pub. L. 89-544, Sec. 26(h)(2), as added Pub. L. 94-279, 
Sec. 17, Apr. 22, 1976, 90 Stat. 423; Pub. L. 97-398, Sec. 5, Dec. 31, 
1982, 96 Stat. 2011; Pub. L. 101-493, Sec. 2, Oct. 31, 1990, 104 Stat. 
1184; Pub. L. 101-524, Sec. 2(a), Nov. 6, 1990, 104 Stat. 2301; Pub. L. 
102-71, Sec. 2(1), July 10, 1991, 105 Stat. 330; Pub. L. 106-168, title 
I, Secs. 102, 103, 110(a), Dec. 12, 1999, 113 Stat. 1806, 1808, 1817.)

                       References in Text

    Section 1738 of title 18, referred to in subsec. (a), was repealed 
by Pub. L. 106-578, Sec. 4, Dec. 28, 2000, 114 Stat. 3076.
    Section 26 of the Animal Welfare Act, referred to in subsec. (a), is 
section 26(a)-(h)(1) of Pub. L. 89-544 as added by Pub. L. 94-279, 
Sec. 17, Apr. 22, 1976, 90 Stat. 421, which is classified to section 
2156 of Title 7, Agriculture.
    Section 2 of the Poison Prevention Packaging Act of 1970, referred 
to in subsec. (f), is classified to section 1471 of Title 15, Commerce 
and Trade.


                               Amendments

    1999--Subsec. (a). Pub. L. 106-168, Sec. 110(a), struck out 
``1714,'' after ``1463,'' and ``1718,'' after ``1717,''.
    Subsec. (h). Pub. L. 106-168, Sec. 102(1)(A), in introductory 
provisions, substituted ``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'' for ``contains a seal, insignia, trade or 
brand name, or any other term or symbol that reasonably could be 
interpreted or construed as implying any Federal Government connection, 
approval or endorsement''.
    Subsec. (h)(2)(C). Pub. L. 106-168, Sec. 102(1)(B), added subpar. 
(C).
    Subsec. (i). Pub. L. 106-168, Sec. 102(2)(A), in introductory 
provisions, substituted ``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'' for ``contains a seal, insignia, trade or 
brand name, or any other term or symbol that reasonably could be 
interpreted or construed as implying any Federal Government connection, 
approval or endorsement''.
    Subsec. (i)(2)(C). Pub. L. 106-168, Sec. 102(2)(B), added subpar. 
(C).
    Subsec. (j). Pub. L. 106-168, Sec. 102(3), (4), added subsec. (j). 
Former subsec. (j) redesignated (m).
    Subsec. (k). Pub. L. 106-168, Secs. 102(3), 103, added subsec. (k). 
Former subsec. (k) redesignated (n).
    Subsec. (l). Pub. L. 106-168, Sec. 103, added subsec. (l).
    Subsecs. (m), (n). Pub. L. 106-168, Sec. 102(3), redesignated 
subsecs. (j) and (k) as (m) and (n), respectively.
    1991--Subsecs. (i) to (k). Pub. L. 102-71 redesignated subsec. (i), 
relating to conduct of proceedings concerning mailability of certain 
matter, as (j), and former subsec. (j), relating to jurisdiction of 
district courts, as (k).
    1990--Subsec. (f). Pub. L. 101-524 added subsec. (f). Former subsec. 
(f) redesignated (i).
    Pub. L. 101-493 added subsec. (f). Former subsec. (f), as added by 
Pub. L. 101-524, redesignated (h).
    Subsec. (g). Pub. L. 101-524 added subsec. (g). Former subsec. (g) 
redesignated (j).
    Pub. L. 101-493 added subsec. (g). Former subsec. (g), as added by 
Pub. L. 101-524, redesignated (i).
    Subsec. (h). Pub. L. 101-493 redesignated subsec. (f), as added by 
Pub. L. 101-524, as (h).
    Subsec. (i). Pub. L. 101-524 redesignated subsec. (f) as (i).
    Pub. L. 101-493 redesignated subsec. (g), as added by Pub. L. 101-
524, as (i).
    Subsec. (j). Pub. L. 101-524 redesignated subsec. (g) as (j).
    1982--Subsec. (a). Pub. L. 97-398 substituted ``, 1718, or 1738'' 
for ``or 1718''.
    1976--Subsec. (a). Pub. L. 94-279 inserted ``, or section 26 of the 
Animal Welfare Act'' after ``title 18''.
    1971--Subsecs. (e), (f). Pub. L. 91-662, Sec. 6(1)(A), (B), added 
subsec. (e) and redesignated former subsec. (e) as (f). Section 5(a) of 
Pub. L. 91-662 inserted a similar provision to section 4001 of former 
Title 39, The Postal Service, pending the effective date of this 
section. Said amendment to section 4001 has not been executed in view of 
the passage of Title 39, Postal Service, as enacted by the Postal 
Reorganization Act.
    Subsec. (g). Pub. L. 92-191 added subsec. (g).


                    Effective Date of 1999 Amendment

    Pub. L. 106-168, title I, Sec. 111, Dec. 12, 1999, 113 Stat. 1817, 
provided that: ``Except as provided in section 108 or 110(b) [enacting 
section 3017 of this title, amending section 3013 of this title, and 
enacting provisions set out as notes under sections 3013 and 3017 of 
this title], this title [see Short Title of 1999 Amendment note below] 
shall take effect 120 days after the date of the enactment of this Act 
[Dec. 12, 1999].''


                    Effective Date of 1990 Amendments

    Section 6 of Pub. L. 101-524 provided that: ``The provisions of this 
Act [enacting section 413 of this title, amending this section and 
section 3005 of this title, and enacting provisions set out as notes 
below] shall take effect on the date of the enactment of this Act [Nov. 
6, 1990], except the amendments made by section 2 [amending this section 
and section 3005 of this title] shall apply to matter deposited for 
mailing and delivery on or after 180 days after the date of the 
enactment of this Act.''
    Section 3 of Pub. L. 101-493 provided that: ``The amendments made by 
this Act [amending this section] shall take effect 180 days after the 
date of enactment of this Act [Oct. 31, 1990], and shall apply with 
respect to any matter mailed on or after that effective date.''


                    Effective Date of 1971 Amendment

    Amendment by Pub. L. 92-191 effective at beginning of third calendar 
month following Dec. 15, 1971, or on the date that this section becomes 
effective pursuant to section 15(a) of Pub. L. 91-375, which is set out 
as and Effective Date note preceding section 101 of this title, 
whichever is later, see section 3 of Pub. L. 92-191, set out as a note 
under section 1716 of Title 18, Crimes and Criminal Procedure.
    Section 6 of Pub. L. 91-662 provided that the amendment made by that 
section is effective on the date that the Board of Governors of the 
United States Postal Service establishes as the effective date for 
section 3001 of title 39 of the United States Code, as enacted by the 
Postal Reorganization Act.


                             Effective Date

    Chapter effective July 1, 1971, pursuant to Resolution No. 71-9 of 
the Board of Governors. See section 15(a) of Pub. L. 91-375, set out as 
a note preceding section 101 of this title.


                      Short Title of 1999 Amendment

    Pub. L. 106-168, title I, Sec. 101, Dec. 12, 1999, 113 Stat. 1806, 
provided that: ``This title [enacting sections 3016 and 3017 of this 
title, amending this section and sections 3005, 3007, 3011, 3012, and 
3013 of this title, repealing section 3006 of this title, and enacting 
provisions set out as notes under this section and sections 3013, 3016, 
and 3017 of this title] may be cited as the `Deceptive Mail Prevention 
and Enforcement Act'.''


                     Short Title of 1990 Amendments

    Section 1 of Pub. L. 101-524 provided that: ``This Act [enacting 
section 413 of this title, amending this section and section 3005 of 
this title, and enacting provisions set out as notes under this section] 
may be cited as the `Deceptive Mailings Prevention Act of 1990'.''
    Section 1 of Pub. L. 101-493 provided that: ``This Act [amending 
this section and enacting provisions set out above] may be cited as the 
`Drug and Household Substance Mailing Act of 1990'.''


                      Short Title of 1983 Amendment

    Pub. L. 98-186, Sec. 1, Nov. 30, 1983, 97 Stat. 1315, provided: 
``That this Act [enacting sections 3012 and 3013 of this title, amending 
section 3005 of this title, and enacting provisions set out as notes 
under sections 3005 and 3012 of this title] may be cited as the `Mail 
Order Consumer Protection Amendments of 1983'.''


                         State Law Not Preempted

    Pub. L. 106-168, title I, Sec. 109, Dec. 12, 1999, 113 Stat. 1816, 
provided that:
    ``(a) In General.--Nothing in the provisions of this title [see 
Short Title of 1999 Amendment note above] (including the amendments made 
by this title) or in the regulations promulgated under such provisions 
shall be construed to preempt any provision of State or local law that 
imposes more restrictive requirements, regulations, damages, costs, or 
penalties. No determination by the Postal Service that any particular 
piece of mail or class of mail is in compliance with such provisions of 
this title shall be construed to preempt any provision of State or local 
law.
    ``(b) Effect on State Court Proceedings.--Nothing contained in this 
section shall be construed to prohibit an authorized State official from 
proceeding in State court on the basis of an alleged violation of any 
general civil or criminal statute of such State or any specific civil or 
criminal statute of such State.''


 Coordination of Functions With Department of Health and Human Services

    Section 4 of Pub. L. 101-524 provided that: ``The United States 
Postal Service shall consult and coordinate the functions and 
administration of the provisions of this Act and the amendments made by 
this Act [see Short Title of 1990 Amendments note above] with the 
Secretary of the Department of Health and Human Services and the 
functions of the Secretary in the administration of section 428 of the 
Medicare Catastrophic Coverage Act of 1988 (42 U.S.C. 1320b-10) [Pub. L. 
100-360, which enacted section 1320b-10 of Title 42, The Public Health 
and Welfare, amended section 1395ss of Title 42, and enacted provisions 
set out as a note under section 1320b-10 of Title 42].''


Notice With Respect to Obscene Matter Distributed by Mail and Detention 
                                 Thereof

    Pub. L. 87-793, Sec. 307, Oct. 11, 1962, 76 Stat. 841, provided 
that: ``In order to alert the recipients of mail and the general public 
to the fact that large quantities of obscene, lewd, lascivious, and 
indecent matter are being introduced into this country from abroad and 
disseminated in the United States by means of the United States mails, 
the Postmaster General shall publicize such fact (1) by appropriate 
notices posted in post offices, and (2) by notifying recipients of mail, 
whenever he deems it appropriate in order to carry out the purposes of 
this section, that the United States mails may contain such obscene, 
lewd, lascivious, or indecent matter. Any person may file a written 
request with his local post office to detain obscene, lewd, lascivious, 
or indecent matter addressed to him, and the Postmaster General shall 
detain and dispose of such matter for such period as the request is in 
effect. The Postmaster General shall permit the return of mail 
containing obscene, lewd, lascivious, or indecent matter, to local post 
offices, without cost to the recipient thereof. Nothing in this section 
shall be deemed to authorize the Postmaster General to open, inspect, or 
censor any mail except on specific request by the addressee thereof. The 
Postmaster General is authorized to prescribe such regulations as he may 
deem appropriate to carry out the purposes of this section.''

                  Section Referred to in Other Sections

    This section is referred to in sections 3005, 3012, 3017 of this 
title.



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