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§ 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.
---------------------------------------------------------------------------
    \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 (b), were repealed by Pub.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.



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