§ 3014. — Nonmailable plants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC3014]
TITLE 39--POSTAL SERVICE
PART IV--MAIL MATTER
CHAPTER 30--NONMAILABLE MATTER
Sec. 3014. Nonmailable plants
(a)(1) Whenever the Secretary of Agriculture establishes a
quarantine under section 8 of the Plant Quarantine Act, prohibiting the
transportation by common carrier of any plant from any State or other
geographic area, the Secretary shall give notice of the establishment of
such quarantine to the Postal Service in writing.
(2) Upon receiving any such notice under paragraph (1), the Postal
Service shall ensure that copies of such notice are prominently
displayed at post offices located within each State or area covered by
the quarantine, and shall take any other measures which the Postal
Service considers necessary in order to inform the public both of the
establishment of such quarantine and of relevant provisions of this
section and sections 1716B and 1716C of title 18 in connection
therewith.
(b) Any plant, the transportation of which by common carrier from
any State or other area is prohibited or restricted under any quarantine
referred to in subsection (a), is nonmailable matter, and may not be
accepted by the Postal Service or conveyed in the mails, if the matter
involved is tendered for transmission through the mails from such State
or area or if such matter first enters the mails within such State or
area.
(c) The Postal Service shall, after consultation with the Secretary
of Agriculture, prescribe rules and regulations permitting the mailing
of a plant, and otherwise making subsection (b) of this section
inapplicable with respect to such plant, if the method or manner of
mailing such plant would be consistent with the procedures set forth in
the rules and regulations prescribed under the fourth sentence of
section 8 of the Plant Quarantine Act (relating to the inspection,
disinfection, and certification of, and other conditions for, the
delivery and shipment of plants otherwise subject to quarantine).
(d) For the purposes of this section--
(1) ``Plant Quarantine Act'' means the Act entitled ``An Act to
regulate the importation of nursery stock and other plants and plant
products; to enable the Secretary of Agriculture to establish and
maintain quarantine districts for plant diseases and insect pests;
to permit and regulate the movement of fruits, plants, and
vegetables therefrom, and for other purposes'', enacted August 20,
1912 \1\ (37 Stat. 315 et seq.); and
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\1\ See References in Text note below.
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(2) ``plant'' means any class of plants, fruits, vegetables,
roots, bulbs, seeds, or other plant products, any class of nursery
stock (as defined by section 6 of the Plant Quarantine Act),\1\ and
any other article or matter which is capable of carrying any
dangerous plant disease or pest.
(Added Pub. L. 100-574, Sec. 1(a)(1), Oct. 31, 1988, 102 Stat. 2892.)
References in Text
The Act of Aug. 20, 1912, referred to in subsec. (d), 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. Sections 6 and 8 of the Act were classified to sections
152 and 161, respectively, of Title 7. For complete classification of
this Act to the Code, see Tables.
Effective Date
Section 4 of Pub. L. 100-574 provided that:
``(a) In General.--This Act and the amendments made by this Act
[enacting this section and sections 1716B and 1716C of Title 18, Crimes
and Criminal Procedure] shall become effective on the earlier of--
``(1) the 366th day after the date of the enactment of this Act
[Oct. 31, 1988]; or
``(2) the first date as of which all rules and regulations
required to be prescribed under the amendments made by this Act have
first been published in the Federal Register. [For publication of
regulations, see 54 F.R. 49978, Dec. 4, 1989.]
``(b) Regulations.--Nothing in this section shall prevent the United
States Postal Service from taking any action which may be necessary to
prepare and issue, as soon as possible after the date of the enactment
of this Act, any rules and regulations which the Postal Service is
required to prescribe under any of the amendments made by this Act.''
Section Referred to in Other Sections
This section is referred to in title 18 sections 1716B, 1716C.
