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Here are 28,391 words explaining what you cannot mail.
(2014. I don't see any revisions in 2018)
Remember, with CONTROL-F, you can open a search box in your browser and
look things up.
Perfume for Mom on her birthday? Mail early, it can't go in an airplane -- separate regulations, not here.
If you finally get some birth control pills for a friend, make
sure you have it in writing that she asked you to help find her some
before you send them on -- and start your own, personal,
federal criminal record:
:
12.18.2 Contraceptives
Unsolicited
samples of an article or thing designed, adapted, or intended for
preventing conception is permitted in the mail only when sent to a
manufacturer or a dealer of such an article or things, to a licensed
physician or surgeon, or to a nurse, pharmacist, druggist, hospital, or
clinic (39 USC 3001; 18 USC 1461).
Below
is the total hazardous materials section. For the complete
article (e.g., cartons and container standards, what mass mailers have
to do before they drive a loaded semi-trailer truck to the post
office): http://pe.usps.com/text/dmm300/601.htm#1103548
Remember: CNTRL-F magnet or CNTRL-F gases (for aersol cans), and just read what you need.
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8.0 Nonmailable and Restricted Articles and Substances Generally
8.1 Nonmailable Matter—General
Certain
potentially undesirable, harmful, or dangerous matter is nonmailable by
statute or regulation. The standards for nonmailable articles and
substances and the special conditions under which certain of these
articles and substances may be mailed are in 8.0 through 10.0 and 12.0.
The standards in 13.0, 508.9.0, and 508.10.0, apply to nonmailable
matter in written, printed, or graphic form and contain the rules on
advising mailers of matter covered in 8.0 through 13.0, 508.9.0, and
508.10.0. The standards in 8.0 through 10.0 and 12.0 apply to the
military postal system, its employees, and undelivered mail that is or
has been in the official custody of this system and its employees.
References to Inspection Service apply to the Postal Inspection Service
and authorized employees, not
military investigative services.
8.2 Basic Premise
The basic
premise of the postal mailability statutes is that anything “which may
kill or injure another, or injure the mails or other property...” is
nonmailable. Several statutory exceptions to this rule permit mailings
of otherwise nonmailable matter under specified conditions. Statutory
exceptions apply to live scorpions, poisonous drugs and medicines,
poisons for scientific use, switchblade knives, firearms, motor vehicle
master keys, locksmithing devices, and abortive and contraceptive
devices. The statutes also provide that the USPS may, by regulation,
permit the mailing, under required conditions of preparation and
packing, of potentially harmful matter not “outwardly or of [its] own
force dangerous or injurious to life, health, or property.” The
standards in 8.0 summarize the
statutory
prohibitions and exceptions. The mailability standards that apply to
perishable, hazardous, and restricted matter are detailed in 9.0, 10.0,
and 12.0, respectively. Publication 52, Hazardous, Restricted, and
Perishable Mail, contains additional clarification and further
describes the conditions of preparation and packaging under which the
USPS accepts for mailing potentially harmful matter that is otherwise
nonmailable. Publication 52 also contains detailed information on the
mailability of specific hazardous materials.
8.3 Other Nonmailable Matter
Matter is
nonmailable also when it cannot be delivered because of an illegible,
incorrect, or insufficient address, or when it does not meet USPS
standards for mail preparation, classification, postage prices, size,
or weight.
8.4 Restricted Matter—General
Restricted
matter is an article or substance prohibited or limited by Title 18,
U.S. Code (liquors, abortive and contraceptive devices, odd-shaped
items in envelopes, motor vehicle master keys, and locksmithing
devices). It also includes matter not otherwise described in 8.0
through 10.0 and 12.0 that is restricted by 18 USC 1716(a) because it
may, under conditions encountered in the mail, be injurious to life,
health, or property (obnoxious odors, liquids, powders, and
battery-powered devices).
8.5 Harmful Matter—General
Except as
provided in this document, any article, composition, or material is
nonmailable if it can kill or injure another or injure the mail or
other property. Harmful matter includes, but is not limited to:
a. All types and classes of poisons, including controlled substances.
b. All poisonous
animals except scorpions mailed for medical research purposes or for
the manufacture of antivenom; all poisonous insects; all poisonous
reptiles; and all types of snakes, turtles, and spiders.
c. All disease germs or scabs.
d. All
explosives, flammable material, infernal machines, and mechanical,
chemical, or other devices or compositions that may ignite or explode.
8.6 Hazardous Materials
Harmful matter
also includes regulated hazardous materials as defined in 10.0 that are
likely to harm USPS employees or to destroy, deface, or otherwise
damage mail or postal equipment. This includes materials such as
caustic poisons (acids and alkalies), oxidizers, or highly flammable
liquids, gases, or solids; or materials that are likely, under
conditions incident to transportation, to cause fires through friction,
absorption of moisture, or spontaneous chemical changes or from
retained heat from manufacturing or processing, including explosives or
containers previously used for shipping high explosives with a liquid
ingredient (such as dynamite), ammunition, fireworks, radioactive
materials, matches, or articles emitting obnoxious odors.
8.7 Marking of Restricted Articles or Substances
8.7.1 Content
Except for
firearms and switchblade knives, controlled substances, radioactive
materials, and motor vehicle master keys and locksmithing devices, the
identity of the content of anything mailed under 8.0 through 10.0 and
12.0 must be plainly and durably marked on the address side of each
mailpiece as a condition of mailing. When the content is a hazardous
material as defined in 49 CFR, each mailpiece must be marked as
required in 10.0.
8.7.2 Addressing
For any matter
mailed under the provisions in 8.0 through 10.0 and 12.0, the
recipient’s name and address must be affixed or applied directly to the
mailpiece using a material or method that is not water-soluble and not
easily smeared or rubbed off. Except for diagnostic specimen mailpieces
using a business reply mail format and nonregulated materials, a return
address that includes the sender’s name and address must appear on all
matter mailed under 8.0 through 10.0 and 12.0. The return address, when
required, must be applied using a material or method that is not
water-soluble and not easily smeared or rubbed off.
8.7.3 Warning Label
Except for
controlled substances mailed under 12.0, any label or other marking
required by federal law or the regulation of any federal agency must be
securely affixed or applied to the address side of each mailpiece. See
10.0 for the warning label requirements that apply to the mailing of
hazardous materials.
8.8 Mailer Responsibility
The mailer must
comply with applicable postal laws and regulations governing
mailability and preparation for mailing, as well as nonpostal laws and
regulations on the shipment of particular matter.
8.9 Statutory System
18 USC 2510, et
seq., constitutes a statutory system of regulating interception of
wire, oral, or electronic communications. Any person contemplating the
mailing of a device primarily useful for surreptitiously effecting such
interception should consider the provisions of 18 USC 2510, et seq.,
particularly section 2512. This statute makes it a crime, except as
otherwise provided in 18 USC 2510, et seq., for a person intentionally
to send through the mail any device whose design that person knows, or
has reason to know, renders the device primarily useful for
surreptitious interception of wire, oral, or electronic communications.
The statute does not declare that such a device in itself constitutes
nonmailable matter but, as indicated, provides criminal penalties for
the act of
intentionally mailing it.
8.10 Other Laws and Regulations
Particular
matter may be mailable under postal statutes and regulations, but
customers may have responsibilities under nonpostal statutes and
regulations concerned with possession, treatment, transmission, or
transfer of such matter (e.g., 49 CFR 100-185 (Department of
Transportation Regulations); the Comprehensive Drug Abuse Prevention
and Control Act of 1970 (Public Law 91-513), 21 USC 801, et seq.; and
the Gun Control Act of 1968 (Public Law 90-618), 18 USC 921, et seq.).
8.11 Refusal of Nonmailable Matter
USPS employees
may refuse an article for mailing if the content of the article is
described by the mailer or otherwise revealed to be nonmailable.
8.12 Authorizing Mailability
A postmaster may
decide whether articles and substances other than written, printed, or
graphic matter are nonmailable and, where appropriate, is authorized to
refuse to accept for mailing such matter determined to be nonmailable.
The mailer may seek a review of the postmaster’s decision by the PCSC.
The mailer may file a written appeal of the PCSC ruling with the USPS
Recorder, Judicial Officer, with a copy or description of the
determination or ruling. The rules of procedure for the determination
of such appeals are in 39 CFR 953.
8.13 Protecting Employees
A postmaster may
take any step reasonable and necessary to protect USPS employees and
equipment from potentially dangerous or injurious materials or
substances found in the mail.
8.14 Applicability to Military Postal System
8.0 through 10.0
and 12.0 applies to the military postal system, its personnel, and
undelivered mail that is or has been in the official custody of that
system and its personnel. References to the Inspection Service refer to
the Postal Inspection Service and its authorized employees, not to
military investigative services.
Back to Top
9.0 Perishables
9.1 Time Factor
Mailable
perishable matter may be sent through the mail only if it can reach its
destination in good condition in the normal transit time between the
mailing and address points. Mailable perishable foods that do not
rapidly decay or generate obnoxious odors in the mail may be sent at
the mailer’s risk.
9.2 Preparation of Perishables
9.2.1 Container
Any container used to mail perishable matter must be constructed to protect and securely contain the contents.
9.2.2 Produce
Fruits and vegetables are not mailable unless presented in dry condition.
9.2.3 Water Ice
Water ice used as a refrigerant must be packed under 3.4 as though it were a liquid.
9.2.4 Dry Ice
A parcel
containing dry ice (carbon dioxide solid) must be packed in a container
that allows the release of carbon dioxide gas. If a fiberboard box is
used, enough insulation is necessary to prevent condensation and
wetting of the mailing carton.
9.3 Live Animals
9.3.1 Prohibition on Animals Intended for Use in an Animal Fighting Venture
An animal is
nonmailable if such animal is being mailed for the purpose of having it
participate in an animal fighting venture (7 U.S.C. 2156). This
standard applies regardless of whether such venture is permitted under
the laws of the state in which it is conducted. Violators can be
subject to the criminal penalties in 18 U.S.C. 49. See 12.20 for the
prohibition on mailing sharp instruments intended for use in an animal
fighting venture and 13.5.7 for restrictions on mailing written,
printed, or graphic matter related to animal fighting ventures. For
this standard:
a. the term animal means any live bird, or any live mammal (e.g., dog), except human;
b. the term
animal fighting venture means any event, in or affecting interstate or
foreign commerce, that involves a fight conducted or to be conducted
between at least two animals for purposes of sport, wagering, or
entertainment (excluding any activity whose primary purpose involves
using one or more animals in hunting other animals); and
c. the term
state means any state of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, or any U.S. territory or possession.
9.3.2 Day-Old Poultry
Day-old poultry
vaccinated with Newcastle disease (live virus) is nonmailable. Live
day-old chickens, ducks, emus, geese, guinea fowl, partridges,
pheasants (pheasants may be mailed only from April through August),
quail, and turkeys are acceptable in the mail only if:
a. They are not
more than 24 hours old and are presented for mailing in the original
unopened hatchery box from the hatchery of origin.
b. The date and
hour of hatching is noted on the box by a representative of the
hatchery who has personal knowledge thereof. (For COD shipments made by
a hatchery for the account of others, the name or initials and address
of the hatchery or the Post Office box number and address of the
hatchery must be prominently shown for this standard.)
c. The box is
properly ventilated, of proper construction and strength to bear safe
transmission in the mail, and not stacked more than 10 units high.
d. They are
mailed early enough in the week to avoid receipt at the office of
address, in case of missed connections, on a Sunday, on a national
holiday, or on the afternoon before a Sunday or holiday.
e. They can be
delivered to the addressee within 72 hours of the time of hatching,
whether the addressee resides in town or on a rural route or highway
contract route.
f. The shipment
bears special handling postage in addition to regular postage, unless
sent at the First-Class Mail or Priority Mail prices.
g. When live,
day-old poultry is to be transported by aircraft, all provisions of the
airline tariffs are met and air carriers have equipment available to
safely deliver shipments within the specified time limits, allowing for
delays en route in air and ground transportation.
h. Day-old
poultry, originally shipped by air express or air cargo and then
presented for mailing, must be in good condition and prepared as
specified in 9.3.2a. through 9.3.2e.
i. Boxes of
day-old poultry of about identical size, securely fastened together to
prevent separation in transit, may be accepted for mailing as a single
parcel, if such parcel is not more than 100 inches in length and girth
combined.
9.3.3 Small Cold-Blooded Animals
Small, harmless,
cold-blooded animals (except snakes and turtles) that do not require
food or water or attention during handling in the mail and that do not
create sanitary problems or obnoxious odors are mailable (e.g., baby
alligators and caimans not more than 20 inches long, bloodworms,
earthworms, mealworms, salamanders, leeches, lizards, snails, and
tadpoles).
9.3.4 Adult Birds
Disease-free
adult birds, weighing no more than 25 pounds, may be mailed
domestically. Mailers must comply with all applicable governmental laws
and regulations, including the Lacey Act, the Endangered Species Act
(ESA), and regulations of the U.S. Department of Agriculture, U.S. Fish
and Wildlife Service, and any state, municipal or local ordinances.
Mailings must also be compliant with the guidelines provided in USPS
Publication 14, Prohibitions and Restrictions on Mailing Animals,
Plants, and Related Matter, Chapter 5. In addition, each container or
package must be marked as required by U.S. Fish and Wildlife Service
under 50 CFR 14. Adult birds are mailable as follows:
a. The mailer
must send adult birds by Priority Mail Express in secure containers
approved by the manager, Product Classification (see 608.8.0 for
address).
b. The number of birds per parcel must follow the container manufacturer limits and each bird must weigh more than 6 ounces.
c. A mailing
container must be used that is constructed by a USPS-approved
manufacturer listed on the RIBBS website at http://ribbs.usps.gov.
d. Indemnity may
be paid only for articles that are lost, damaged, or missing contents,
and not for death of the birds in transit if there is no visible damage
to the mailing container.
e. Postage
refunds may not be available if the Priority Mail Express shipment was
delivered or delivery was attempted within three days of the date of
mailing as shown in the “Date In” box on Label 11.
9.3.5 Warm-Blooded Animals
Warm-blooded
animals, except for adult birds and specified day-old birds under the
specific conditions in this section, are not mailable (e.g., hamsters,
mice, rats, guinea pigs, rabbits, cats, dogs, and squirrels).
9.3.6 Mailed to the Pacific Islands
Animals mailed
to the Republic of Palau, the Republic of the Marshall Islands, and the
Federated States of Micronesia require a permit issued by the
government of the destination country.
9.3.7 Bees
Bees are
acceptable in the continental surface mail when shipped under federal
and state regulations to ensure that they are free of disease. Packages
of honeybees must bear special handling postage, except those sent at a
First-Class Mail price. Only queen honeybees may be shipped via air
transportation. Each queen honeybee shipped via air transportation may
be accompanied by up to eight attendant honeybees.
9.3.8 Other Insects
Other live,
nonpoisonous, and nondisease-conveying insects, including flies of the
family Drosophilidae, may be sent through the mail when properly
prepared for mailing and when shipped under regulations of the U.S.
Department of Agriculture. Such insects mailed to the Republic of
Palau, the Republic of the Marshall Islands, and the Federated States
of Micronesia are also subject to the regulations of the destination
country.
9.3.9 Live Scorpions
Live scorpions
that are to be used for medical research or the manufacture of
antivenin are accepted only in the continental surface mail when
packaged in a double mailing container, both parts of which are closed
or fastened to prevent escape of the scorpions. The inner container
must be of material that cannot be punctured by the scorpions and must
be plainly marked “Live Scorpions.” Cushioning material must be used
when necessary to prevent shifting of the inner container. The outer
container must be strong enough to prevent crushing of the package or
exposure of the contents during normal handling in the mail. The outer
container must be plainly marked “Live Scorpions.”
9.3.10 Packaging
[1-26-14] Any
mailing container used for mailable animals must be made of at least
275-pound test, double wall, corrugated, weather-resistant fiberboard
(W5c) or equivalent and must be adequately ventilated. The container
must be constructed to prevent escape of the animals while in the mail
and to preclude the container and its contents from being crushed in
normal handling. The outside of the container must include a return
address and a description of the contents. A container marked “If
Undeliverable, Abandon” is not accepted. USPS-produced packaging,
including Flat Rate containers, is not eligible for shipping live
animals.
9.3.11 Acceptance
The USPS does
not accept any shipment of animals that the USPS reasonably believes
cannot reach its destination in a viable condition. Such a
determination is based on factors including the expected temperatures
(weather conditions) while the shipment is in the mail; the types of
vehicles on which the shipment is to be transported; the expected
transit time; and the types of packaging used for protection against
suffocation, crushing, and handling.
9.3.12 Disposal
Any parcel of
live animals that cannot be delivered to the addressee or returned to
the sender within 72 hours (for live day-old poultry) or within the
delivery period marked on the parcel (for other animals) is immediately
disposed of under the relevant standards. A parcel not marked with the
delivery period is disposed of immediately if it reasonably appears
that the animals cannot be returned to the sender in a viable condition.
9.4 Dead Wild Animals
The dead bodies,
or parts thereof, of any wild animals, wild birds, or eggs are
acceptable for mailing only when they are lawfully killed or taken, and
their shipment is not prohibited by law of the United States or of the
state, territory, district, or foreign country or subdivision thereof
in which killed or taken or offered for shipment. Mailing of fresh game
is also subject to these standards.
9.5 Furs, Hides, Skins, And Pelts
A parcel
containing the fur, hide, skin, or pelt of a wild animal is mailable
only if the matter is properly dried or cured and has no offensive
odor, and only if the parcel is plainly marked, labeled, or tagged on
the outside with the names and addresses of the shipper and addressee.
The parcel must bear any endorsement required by state laws. Hides and
pelts must be wrapped when necessary to prevent damage to other mail.
9.6 Mailing Plants
9.6.1 Mailability
In general,
plants and plant products are mailable within the United States and its
territories and possessions, subject to certain prohibitions imposed
under U.S. agriculture and conservation statutes. To the extent
specified below, when such prohibitions make shipment of plants or
plant products unlawful, those articles constitute nonmailable matter.
More detailed information is in Publication 14, Prohibitions and
Restrictions on Mailing Animals, Plants, and Related Matter.
9.6.2 Nonmailable Quarantined Matter
Under 39 USC
3014(b), any plant, plant product, or other article capable of carrying
a dangerous plant disease or insect infestation is nonmailable from a
quarantined area, if shipping such item by common carrier is prohibited
by a U.S. Department of Agriculture (USDA) quarantine issued under 7
USC 161, except, any such item is mailable from a quarantined area if:
a. Its movement
by common carrier is allowed under conditions prescribed in the
quarantine notice or in other USDA regulations, issued under 7 USC 161,
governing its inspection, disinfection, certification, and other
conditions for its movement.
b. Its movement by mail complies with all such conditions.
9.6.3 Additional Quarantined Matter
Any plant,
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 USC 151 et seq.), commonly known as the Plant Quarantine Act, is made
nonmailable by 39 USC 3015(c).
9.6.4 Illegally Taken Plants
Any plant, the
conveyance of which is prohibited under section 3 of the Lacey Act
Amendments of 1981 (16 USC 3372), is made nonmailable by 39 USC 3015(d).
9.6.5 Criminal Penalties
18 USC 1716B
provides criminal penalties for mailing anything nonmailable under 39
USC 3014(b), unless the item is excepted under USPS regulations. 18 USC
1716D provides criminal penalties for mailing anything nonmailable
under 39 USC 3015(c) and (d).
9.6.6 USDA Notices and Regulations
USDA quarantine
notices, issued under 7 USC 161, are published in the Federal Register
and codified in 7 CFR (e.g., 7 CFR 301 and 318). Details on these and
other USDA regulations may be obtained by writing to the USDA Animal
and Plant Health Inspection Service (APHIS) Plant Protection and
Quarantine (PPQ) Programs (see 608.8.0 for address).
9.7 Nonmailable Plant Pests, Injurious Animals, and Illegally Taken Fish or Wildlife
9.7.1 Nonmailable Matter
More detailed
information is in Publication 14. Under the respective provisions of 39
USC 3015(a), (b), and (d), the following items are nonmailable:
a. Any injurious animal, the importation or interstate shipment of which is prohibited under 18 USC 42.
b. Any plant
pest, the movement of which is prohibited under section 103 or 104 of
the Federal Plant Pest Act (7 USC 150bb or 150cc).
c. Any fish or
wildlife, the conveyance of which is prohibited under section 3 of the
Lacey Act Amendments of 1981 (16 USC 3372).
9.7.2 Criminal Penalties
18 USC 1716D provides criminal penalties for mailing anything nonmailable under 39 USC 3015(a), (b), or (d).
Back to Top 10.0 Hazardous Materials
10.1 Definitions
The following definitions apply:
a. Hazardous
material is any article or substance designated by the U.S. Department
of Transportation (DOT) as being capable of posing an unreasonable risk
to health, safety, and property during transportation. In international
commerce, hazardous materials are known as “dangerous goods.”
b. Limited
quantity is the maximum amount of a specific hazardous material that is
exempted from the labeling or packaging requirements in 49 CFR. Not
every hazardous material is eligible to be shipped as a limited
quantity. Almost all limited quantity materials are nonmailable.
c. ORM-D (Other
Regulated Material) material is a limited quantity of a hazardous
material that presents a limited hazard during transportation due to
its form, quantity, and packaging. Not all hazardous materials
permitted to be shipped as a limited quantity can qualify as an ORM-D
material. The ORM-D category is only applicable for materials intended
for ground transportation. Effective January 1, 2015, the ORM-D
category will be eliminated for materials intended for surface
transportation. After this date, the mailability of materials
previously fitting the description of ORM-D must be evaluated based on
its eligibility under the applicable consumer commodity or mailable
limited quantity categories.
d. Consumer
commodity is a hazardous material that is packaged and distributed in a
quantity and form intended or suitable for retail sale and designed for
consumption by individuals for their personal care or household use
purposes. This term can also include certain drugs or medicines. Not
all hazardous material permitted to be shipped as a limited quantity
can qualify as a consumer commodity. The consumer commodity category
will not apply to materials, intended for air transportation, in hazard
classes 4, 5, and 8, and portions of hazard Class 9.
e. Mailable
Limited Quantity is a hazardous material in hazard Classes 4, 5, 8 or
portions of 9 that presents a limited hazard during transportation
(specifically air transport), and is mailable in USPS air networks
under certain conditions and in limited quantities.
f. Air
transportation requirements, for the purposes of 10.0 only, apply to
all mailable hazardous materials sent at the First-Class Mail, Priority
Mail, or Priority Mail Express prices. All mailable hazardous materials
sent at those prices must meet the requirements that apply to air
transportation. Mailable hazardous materials sent at any of those
prices may or may not be transported via air depending on the distance
between the point of origination and the point of destination, and the
ability of the USPS to obtain an air carrier between those points.
g. Surface
transportation requirements, for the purposes of 10.0 only, apply to
all mailable hazardous materials sent at the Standard Mail or Package
Services prices. All mailable hazardous materials sent at the Standard
Mail or Package Services prices must meet the requirements that apply
to surface transportation.
h. Primary receptacle is the container (e.g., tube, vial, bottle) that holds the hazardous material.
i. Secondary
container is the packaging component into which the primary
receptacle(s) and any required absorbent and cushioning material is
securely placed. The packaging of certain mailable hazardous materials
does not require the use of a secondary container.
j. Outer
shipping container is the exterior packaging component into which a
primary receptacle, along with any required absorbent and cushioning
material, and the secondary container (if required) are securely
placed. The outer shipping container bears the addressing information
along with all required markings.
10.2 U.S. Department of Transportation Regulations of Hazardous Material
The U.S.
Department of Transportation (DOT) regulates the surface and air
carriage of hazardous materials within the United States via any means
of transportation. The DOT regulations for the transport of hazardous
materials are codified in Title 49, Code of Federal Regulations (49
CFR) 100–185. USPS mailing standards for hazardous materials generally
adhere to 49 CFR, but also include many additional limitations and
prohibitions.
10.3 USPS Standards for Hazardous Material
The USPS
standards generally restrict the mailing of hazardous materials to
ORM-D (permitted for surface transportation only until January 1,
2015), and consumer commodity or mailable limited quantity materials
that meet USPS quantity limitations and packaging requirements. All
exceptions are subject to the standards in 10.0. Detailed information
on the mailability of specific hazardous materials is contained in
Publication 52, Hazardous, Restricted, and Perishable Mail.
10.4 Hazard Class
Every hazardous
material is assigned to one of nine hazard classes identified in 49 CFR
172.101 and 173. Some hazard classes are further separated into
divisions based on their physical or chemical properties. For postal
purposes, Exhibit 10.4 generally summarizes the mailability of
hazardous materials by hazard class.
Exhibit 10.4 DOT Hazard Classes and Mailability Summary
Class Hazard
Class Name and Division
Transportation Method
Domestic Mail Air Transportation
Domestic Mail Surface Transportation
International Mail
1
Explosives
Division -
1.1 Mass Explosive Hazard
1.2 Projection Hazard
1.3 Fire Hazard and/or Minor Blast/Minor Projection Hazard
1.4 Minor Blast Hazard
1.5 Very Insensitive With Mass Explosion Hazard
1.6 Extremely Insensitive With No Mass Explosion Hazard
Prohibited
Prohibited except with written permission as allowed in 10.11.2
Prohibited
2
Gases
Division -
2.1 Flammable Gases
2.2 Nonflammable, Nontoxic Gases
2.3 Toxic Gases
Division 2.1 and 2.3: Prohibited.
Division 2.2: Only mailable air-eligible Consumer Commodity materials per10.12.2
Divisions 2.1 and 2.2: Only ORM-D material per 10.12.2.
Division 2.3: Prohibited
Prohibited
3
Flammable and Combustible Liquids
Flammable
liquids: Prohibited.
Combustibles: Only mailable air-eligible Consumer Commodity materials per10.13.3
Flammable liquids:
Only ORM-D material per 10.13.2.
Combustibles: Only ORM-D material per 10.13.3
Prohibited
4
Flammable Solids
Division -
4.1 Flammable Solids
4.2 Spontaneously Combustible
4.3 Dangerous When Wet
Prohibited
Only ORM-D material per 10.14.2
Prohibited
5
Oxidizing Substances, Organic Peroxides
Division -
5.1 Oxidizing Substances
5.2 Organic Peroxides
Only air-eligible Mailable Limited Quantity materials per 10.15.2
Only ORM-D material per 10.15.2
Prohibited
6
Toxic Substances and Infectious Substances
Division -
6.1 Toxic Substances
6.2 Infectious Substances
Division 6.1: Only mailable air-eligible Consumer Commodity materials per 10.16.2.
Division 6.2: Only per 10.17
Division 6.1: Only ORM-D material per 10.16.2.
Division 6.2: Only per 10.17
Division 6.1: Prohibited.
Division 6.2: Only mailable per IMM 135
7
Radioactive Materials
Prohibited
Only in limits per Publication 52
Only mailable in limits per IMM 135
8
Corrosives
Only Mailable Limited Quantity materials per 10.19.2
Only ORM-D material per 10.19.2
Prohibited
9
Miscellaneous Hazardous Materials
ID8000 materials
UN3077, UN3082, UN3334, or UN3335 materials
Only mailable air-eligible Consumer Commodity materials per 10.20
Only ORM-D material per 10.20
Prohibited, except magnetized materials per IMM 136
10.5 Mailer Responsibility for Mailing Hazardous Materials
Full
responsibility rests with the mailer to comply with all postal and
nonpostal laws and regulations regarding the mailing of hazardous
materials. Anyone who mails, or causes to be mailed, a nonmailable or
improperly packaged hazardous material can be subject to legal
penalties, including but not limited to those specified in 18 USC.
10.6 Mailability Rulings for Hazardous Materials
Generally, the
acceptability for mailing chemicals and other types of hazardous
materials depends on container fluid/vapor capacities, the ability of
the complete mailpiece to contain the material, and the method of
absorbing and containing the product in case of accidental leakage of
the primary receptacle. To determine mailability of a specific
material, a mailer must submit a material safety data sheet (MSDS) and
the following information to the Pricing and Classification Service
Center (PCSC):
a. Name of material, hazard class, and assigned United Nations (UN) or North America (NA) identification number.
b. Chemical composition by percentage of ingredient.
c. Flashpoint.
d. Toxic properties.
e. Irritant action when inhaled, swallowed, or contacted by eyes or skin.
f. Special precautions necessary to permit handling without harm to USPS employees or damage to property or other mail.
g. Explanation of warning labels and shipping papers required by state or federal regulations.
h. Proposed packaging method, including the addressing and required markings.
i. Proposed number of pieces to be mailed, class of mail, and Post Office(s) of mailing.
10.7 Warning Labels for Hazardous Materials
With few
exceptions as noted in these standards, most hazardous materials
acceptable for mailing fall within the current Other Regulated
Materials (ORM-D) regulations of 49 CFR 173.144 for materials intended
for surface transportation, and the consumer commodity or mailable
limited quantity categories for materials intended for air
transportation. Mailpieces containing mailable hazardous materials
intended for transportation by air are required to bear an approved DOT
square-on-point marking under 10.8b. and may also be required to bear a
specific DOT hazardous material warning label (if required for the
hazard class shipped). Mailpieces containing mailable hazardous
materials must be marked as required in 10.8 and must bear DOT handling
labels (e.g., orientation arrows, magnetized
materials) when
applicable. Effective January 1, 2015, the ORM-D category will be
eliminated for materials intended for surface transportation, and
mailpieces containing hazardous materials intended for surface
transportation will be required to be marked using the appropriate DOT
square-on-point marking. Also after this date, the mailability of
materials previously fitting the description of ORM-D must be evaluated
based on its eligibility under the applicable consumer commodity or
mailable limited quantity categories.
10.8 Package Markings for Hazardous Materials
Unless otherwise
noted, each mailpiece containing a mailable hazardous material must be
plainly and durably marked on the address side with the required
shipping name and UN identification number. Mailpieces containing
mailable air-eligible hazardous materials intended for air
transportation must bear a DOT limited quantity square-on-point marking
under 10.8b.. Mailpieces containing mailable hazardous materials
intended for surface transportation may be entered and marked under the
ORM-D category before January 1, 2015. After this date, all parcels
containing mailable hazardous materials must bear the appropriate DOT
square-on-point marking and other associated markings when required.
The following also applies:
a. The use of
DOT limited quantity square-on-point markings are required for
mailpieces intended for air transportation and optional (until January
1, 2015) for mailpieces intended for surface transportation (see
Exhibit 10.8b ). The plain square-on-point marking is used for
shipments sent by surface transportation, and the square-on-point
marking including the symbol “Y” superimposed in the center is used for
shipments sent by air transportation. The following also applies:
1. Markings must be durable, legible and readily visible.
2. The marking
must be applied on at least one side or one end of the outer packaging.
The border forming the square-on-point must be at least 2 mm (0.08
inch) in width and the minimum dimension of each side must be 100 mm
(3.94 inches), unless the package size requires a reduced size marking
of no less than 50 mm (1.97 inches) on each side.
3. For surface
transportation, the top and bottom portions of the square-on-point and
the border forming the square-on-point must be black and the center
must be white or of a suitable contrasting background. Surface
shipments containing qualifying ORM-D materials and bearing the
square-on-point limited quantity marking are not required to be marked
with the shipping name and identification number.
4. For
transportation by aircraft, the top and bottom portions of the
square-on-point and the border forming the square-on-point must be
black and the center must be white or of a suitable contrasting
background. The symbol ‘‘Y’’ must be black and located in the center of
the square-on-point and be clearly visible. Mailpieces intended for
transport by air must also be marked with the proper shipping name,
identification number, and must also display the appropriate DOT
hazardous material warning label (only when required for the hazard
class shipped) in accordance with Publication 52.
b. The UN
identification number is not required on mailpieces containing ORM-D
materials and intended for surface transportation. A mailable ORM-D
material must be marked on the address side with “ORM-D” (or marked
under 10.8a.) immediately following, or below the proper shipping name.
The proper shipping name for a mailable ORM-D material is “consumer
commodity.” The designation “ORM-D” must be placed within a rectangle
that is approximately 6.3 mm (1/4 inch) larger on each side than the
applicable designation. Mailpieces containing ORM-D materials sent as
Standard Mail, Standard Post, Parcel Select, or Package Services must
also be marked on the address side as “Surface Only” or “Surface Mail
Only.”
Exhibit 10.8b DOT Square-On-Point Markings
10.9 Shipping Papers for Hazardous Materials
A shipper’s
declaration for dangerous goods (shipping paper) prepared under 49 CFR
172.200 through 172.205 is required for certain types of hazardous
materials when mailed. The shipping paper must be completed and signed
in triplicate by the mailer. It must be affixed to the outside of the
mailpiece within an envelope or similar carrier that can be easily
opened and resealed to allow viewing of the document. Shipping papers
are required as follows:
a. Air
transportation requirements. Except for nonregulated materials sent
under 10.17.3 or 10.17.8 and diagnostic specimens sent under 10.17.5,
mailpieces containing mailable hazardous materials sent as Priority
Mail Express, Priority Mail, First-Class Mail, or First-Class Package
Service, must include a shipping paper.
b. Surface
transportation requirements. Except for nonregulated materials sent
under 10.17.3 or 10.17.8 and mailable ORM-D materials, mailpieces
containing mailable hazardous materials sent as Standard Mail, Standard
Post, Parcel Select, or Package Services, must include a shipping paper.
10.10 Air Transportation Prohibitions for Hazardous Materials
All mailable
hazardous materials sent as Priority Mail Express, Priority Mail,
First-Class Mail, or First-Class Package Service, must meet the
requirements for air transportation. The following types of hazardous
materials are always prohibited on air transportation regardless of
class of mail:
a. Anything
susceptible to damage or that can become harmful because of changes in
temperature or atmospheric pressures unless protected against the
effects of such changes.
b. Magnetic
materials that have a field strength sufficient to cause a compass
deviation at a distance of 15 feet (4.6 meters) or more from any point
on the outer packaging.
c. Flammable materials (gases, liquids, and solids).
d. Radioactive materials.
e. Materials
excluded from air shipment by DOT regulations (49 CFR 100-185) or of
the applicable state (country) or air carrier operator variations.
Certain restricted articles, as described in 49 CFR 100-185 and the
operator variations of the air carriers, may be accepted for air
transportation if properly packaged. These articles must be labeled and
bear a shipper's declaration in triplicate, as required by 49 CFR
172.204, or must be marked according to the air carrier's operator
variations. Refer to the technical instruction of the International
Civil Aviation Organization (ICAO) for air carrier operator variations.
10.11 Explosives (Hazard Class 1)
10.11.1 Definition
An explosive is
any substance, article, or device that is designed to function by
explosion (i.e., an extremely rapid release of gas and heat) or that,
by chemical reaction within itself, is able to function in a similar
manner even if not designed to function by explosion, unless the
substance or article is otherwise classed under the provisions in 49
CFR. Hazard class 1 has six divisions as shown in Exhibit 10.4. No
further explanation of the six divisions is provided in these standards
because explosives are prohibited in the mail except as permitted in
10.11.2.
10.11.2 Mailability
Explosives are
prohibited in international mail. Explosives are prohibited in the
domestic mail via air transportation. For domestic surface
transportation, explosives are prohibited except for certain Division
1.4S toy propellant devices and safety fuses specifically approved by
the manager, Product Classification (see 608.8.0 for address) before
mailing. A mailable explosive must meet the packaging and marking
requirements provided with the manager’s approval. A shipping paper is
required.
10.12 Gases (Hazard Class 2)
10.12.1 Definition
Hazard class 2 consists of three divisions:
a. Division 2.1,
Flammable Gases. A material that is a gas at 68°F (20°C) or less and
14.7 psi (101.3 kPa) of pressure. Flammable gases also include
materials that have a boiling point of 68°F (20°C) or less at 14.7 psi
(101.3 kPa) and that are ignitable at 14.7 psi (101.3 kPa) when in a
mixture of 13% or less by volume with air or that have a flammable
range at 14.7 psi (101.3 kPa) with air of at least 12% regardless of
the lower limit. These conditions must be established in accordance
with ASTM E681-85, Standard Test Method for Concentration Limits of
Flammability of Chemicals, or other approved equivalent method. The
flammability of aerosols must be determined using the tests specified
in 49 CFR 173.306(i).
b. Division 2.2,
Nonflammable, Nontoxic Gases. A material that does not meet the
definition of Division 2.1 or 2.3 and exerts in its packaging an
absolute pressure of 40.6 psi (280 kPa) or greater at 68°F (20°C).
c. Division 2.3,
Toxic Gases. A material that is poisonous by inhalation and is a gas at
68°F (20°C) or less and a pressure of 14.7 psi (101.3 kPa) or a
material that has a boiling point of 68°F (20°C) or less at 14.7 psi
(101.3 kPa). 10.12.2 Mailability
Gases are
prohibited in international mail. Toxic gases in Division 2.3 are
prohibited in domestic mail. Flammable gases in Division 2.1 are
prohibited in domestic mail via air transportation but are permitted
via surface transportation if the material can qualify as an ORM-D
material (or after January 1, 2015, a consumer commodity material) and
meet the standards in 10.12.3 and 10.12.4. Mailable nonflammable gases
in Division 2.2 are generally permitted in the domestic mail via air or
surface transportation if the material can qualify as an ORM-D material
when intended for surface transportation, or as a consumer commodity
material when intended for air transportation, and also meet the
standards in 10.12.3 and 10.12.4.
10.12.3 Container
An
other-than-metal primary receptacle containing a mailable gas may be
acceptable if the water capacity of the primary receptacle is 4 fluid
ounces (7.22 cubic inches) or less per mailpiece and the primary
receptacle meets 49 CFR requirements. Mailable nonflammable and
flammable compressed gases are acceptable in metal primary receptacles
that have a water capacity up to 33.8 fluid ounces (1 liter or 61.0
cubic inches), depending on their internal pressure. A DOT 2P container
must be used as the primary receptacle if the internal pressure is from
140 to 160 psi at 130°F (55°C). A DOT 2Q container must be used as the
primary receptacle if the pressure is from 161 to 180 psi at 130°F
(55°C). A container with an internal pressure over 180 psi at 130°F
(55°C) is prohibited from mailing.
Mailable
flammable compressed gases are restricted to 33.8 fluid ounces (1
liter) per mailpiece. Mailable nonflammable compressed gases are
permitted in individual 33.8 fluid ounce (1 liter) containers that must
be securely packed within an outer shipping container. Each mailpiece
must not exceed a total weight of 25 pounds.
10.12.4 Marking
For surface
transportation, packages of mailable gases must be plainly and durably
marked on the address side with “Surface Only” or “Surface Mail Only,”
and “ORM-D” (or with a DOT square-on-point marking under 10.81.)
immediately following or below the proper shipping name (consumer
commodity). For air transportation, packages must bear the DOT
square-on-point marking including the symbol “Y,” an approved DOT Class
9 hazardous material warning label, Identification Number “ID8000,” and
proper shipping name “Consumer Commodity.” Mailpieces must also bear a
shipper's declaration for dangerous goods.
10.13 Flammable and Combustible Liquids (Hazard Class 3)
10.13.1 Definitions
The terms used in the standards that apply to hazard class 3 are defined as follows:
a. Flammable
liquid means a liquid that has a flashpoint of not more than 141°F
(60.5°C), or any material in a liquid phase that has a flashpoint at or
above 100°F (38°C).
b. Combustible
liquid means any liquid that does not meet the definition of any other
hazard class and has a flashpoint above 141°F (60.5°C) and below 200°F
(93°C). Note: A flammable liquid with a flashpoint at or above 100°F
(38°C) that does not meet the definition of any other hazard class may
be reclassified as a combustible liquid per 49 CFR 173.120(b).
10.13.2 Flammable Liquid Mailability
Flammable liquid
is prohibited in international mail. Flammable liquid with a flashpoint
of 20°F (-7°C) or below is prohibited in domestic mail. Other flammable
liquid is prohibited in domestic mail via air transportation but is
permitted via surface transportation if the material can qualify as an
ORM-D material (or after January 1, 2015, a consumer commodity
material) and meet the following conditions as applicable:
a. The
flashpoint is above 20°F (-7°C) but no more than 73°F (23°C); the
liquid is in a metal primary receptacle not exceeding 1 quart, or in
another type of primary receptacle not exceeding 1 pint, per mailpiece;
enough cushioning surrounds the primary receptacle to absorb all
potential leakage; the cushioning and primary receptacle are packed
within a securely sealed secondary container that is placed within a
strong outer shipping container; and each mailpiece is plainly and
durably marked on the address side with “Surface Only” or “Surface Mail
Only” and “ORM-D” immediately following or below the proper shipping
name (or with a DOT square-on-point marking under 10.8b.).
b. The
flashpoint is above 73°F (23°C) but less than 100°F (38°C); the liquid
is in a metal primary receptacle not exceeding 1 gallon, or in another
type of primary receptacle not exceeding 1 quart, per mailpiece; enough
cushioning surrounds the primary receptacle to absorb all potential
leakage; the cushioning and primary receptacle are placed within a
securely sealed secondary container that is placed within a strong
outer shipping container; and each mailpiece is plainly and durably
marked on the address side with “Surface Only” or “Surface Mail Only”
and “ORM-D” immediately following or below the proper shipping name (or
with a DOT square-on-point marking under 10.8b.).
10.13.3 Combustible Liquid Mailability
Combustible
liquid is prohibited in international mail. Combustible liquid is
permitted in domestic mail if the material can qualify as an ORM-D
material, when intended for ground transportation or a consumer
commodity material, when intended for air transportation, and when the
following conditions are met as applicable:
a. For surface
transportation, if the flashpoint is 100°F (38°C) but no more than
141°F (60.5°C); the liquid is in a metal primary receptacle not
exceeding 1 gallon, or in another type of primary receptacle not
exceeding 1 quart, per mailpiece; enough cushioning surrounds the
primary receptacle to absorb all potential leakage; the cushioning and
primary receptacle are packed in a securely sealed secondary container
that is placed within a strong outer shipping container; and each
mailpiece is plainly and durably marked on the address side with
“Surface Only” or “Surface Mail Only” and “ORM-D” immediately following
or below the proper shipping name (or with a DOT square-on-point
marking under 10.8b.).
b. For surface
or air transportation, if the flashpoint is above 141°F (60.5°C) but no
more than 200°F (93°C); the liquid is in a primary receptacle not
exceeding 1 gallon per mailpiece; enough cushioning surrounds the
primary receptacle to absorb all potential leakage; the cushioning and
primary receptacle are packed in a securely sealed secondary container
that is placed within a strong outer shipping container. For surface
transportation, each mailpiece must be plainly and durably marked on
the address side with “ORM-D” immediately following or below the proper
shipping name; and each piece must be marked on the address side as
“Surface Only” or “Surface Mail Only” (or with a DOT square-on-point
marking under 10.8b.). For air transportation, packages must bear the
DOT square-on-point
marking
including the symbol “Y,” an approved DOT Class 9 hazardous material
warning label, Identification Number “ID8000,” proper shipping name
“Consumer Commodity,” and a shipper’s declaration for dangerous goods.
c. For air or
surface transportation, if the flashpoint is above 200°F (93°C) the
material is not regulated as a hazardous material. Such nonregulated
materials must be properly and securely packaged to prevent leakage
under the general packaging requirements in 3.0.
10.13.4 Cigarette Lighters
A cigarette
lighter equipped with an ignition element and containing flammable
liquid fuel is a Class 3 flammable liquid. A cigarette lighter that
contains a flammable gas is classed as a Division 2.1 flammable gas. A
cigarette lighter containing either flammable liquid or flammable gas
is permitted only in domestic mail via surface transportation when all
of the following conditions are met:
a. The design of
the lighter is approved by a lighter certification agency authorized by
the DOT Associate Administrator for Hazardous Material Safety, per 49
CFR 173.21(i) and 173.308; and an approval number (e.g., “LAA****”) is
issued.
b. The
prospective mailer of the lighter submits to the PCSC manager a written
request for authorization to mail the lighter, accompanied by a legible
photocopy of the official DOT notice conveying the approval described
in 10.13.4a and a specimen of the actual lighter, the packaging
materials in which each lighter is to be mailed, the number of
mailpieces, and the mailing location. The mailer will receive a written
decision from the PCSC manager regarding the requested authorization
for mailing.
c. When
presented for mailing, the address side of the mailpiece containing the
lighter must prominently display the approval number, (e.g.,
“LAA****”), the proper shipping name “Lighter(s)” or “Lighter(s) for
Cigarette,” and the marking “Surface Only” or “Surface Mail Only”; all
preparation and packaging requirements in the PCSC manager's approval
letter have been met; and a legible photocopy of the PCSC manager's
approval letter must accompany the mailing.
10.13.5 Special Permit Authorization DOT–SP 9275
Manufacturers
and distributors seeking to mail parcels via air transportation in
accordance with Department of Transportation Special Permit 9275 must
submit a written request for approval to the manager, Product
Classification (see 608.8.0 for address). Approval to mail parcels
using DOT–SP 9275 allows the mailer to use First-Class Mail, Priority
Mail, or Parcel Select services for shipping in compliance with all DOT
regulations in DOT–SP 9275 and the following mailing requirements:
a. Mailers must
present a current copy of their DOT Special Permit Authorization letter
with a written request for approval to the manager, Product
Classification.
b. Once
approved, mailers must present a copy of their approval letter from the
manager, Product Classification (to be kept on file at the office of
mailing) at the time of their first mailing at any given postal
facility, along with a copy of their current DOT Special Permit
Authorization letter. It is the mailers responsibility to provide the
office of mailing with updated DOT Special Permit approval letters. The
Postal Service may refuse mailings not supported by a current DOT
authorization letter.
c. Mailers must
enter parcels using First-Class Mail, Priority Mail, or Parcel Select
service via a USPS-authorized manifest mailing system (MMS) (see
705.2.0).
d. Mailers must label each parcel on the address side with “USPS Approved DOT–SP 9275” using at least 14-point type.
e. Parcels must
weigh 10 pounds or less. Each inner package (receptacle) may not exceed
16 ounces of flammable liquid or 1 pound of solids containing flammable
liquid.
f. Mailers must
ensure that all addressees are notified that they are not authorized to
remail the contents of the parcel via the Postal Service under DOT–SP
9275. Mailers must include the following notice: “Flammable substances
contained in these packages may be mailed only by consumers (the
addressee) via surface transportation in accordance with 10.13. Full
responsibility rests with the mailer to comply with all postal and
nonpostal statutes and regulations regarding mail. Information
regarding postal statutes, regulations, and mailing requirements is
available from your local Postmaster or Postal Service Business Mail
Entry Manager, and at the Postal Service's mailing standards Web site
at pe.usps.com.”
g. Mailers must comply with the warning and labeling requirements in 21 CFR Part 700 (740.1 and 701.3) when mailing each parcel.
10.14 Flammable Solids (Hazard Class 4)
10.14.1 Definitions
Hazard class 4 consists of three divisions:
a. Division 4.1,
Flammable Solids. Any solid material other than one classed as an
explosive that, under conditions normally incident to transportation,
is likely to cause fires through friction or retained heat from
manufacturing or processing, or that can be ignited readily and, when
ignited, burns so vigorously and persistently as to create a serious
transportation hazard.
b. Division 4.2,
Spontaneously Combustible. A liquid or solid pyrophoric material that
even in small amounts and without an external ignition source can
ignite within 5 minutes after coming in contact with air, or a
self-heating material that, when in contact with air and without an
energy supply, is liable to self-heat.
c. Division 4.3,
Dangerous When Wet. A material that, by contact with water, is likely
to become spontaneously flammable or to give off flammable or toxic gas
at a price greater than 1 liter per kilogram of the material per hour.
10.14.2 Mailability
Flammable solids
are prohibited in international mail. Flammable solids are prohibited
in domestic mail via air transportation. A flammable solid that can
qualify as an ORM-D material (or after January 1, 2015, a mailable
limited quantity material) is permitted in domestic mail via surface
transportation if the material is contained in a secure primary
receptacle having a weight of 1 pound or less; the primary
receptacle(s) is packed in a strong outer shipping container with a
total weight of 25 pounds or less per mailpiece; and each mailpiece is
plainly and durably marked on the address side with “Surface Only” or
“Surface Mail Only” and “ORM-D” immediately following or below the
proper shipping name (or with a DOT square-on-point marking under
10.8b.).
10.14.3 Matches
Matches are
classified as flammable solids. Strike-anywhere matches are prohibited
in international and domestic mail. Safety matches (book, card, or
strike-on-box) are prohibited in international mail, and in domestic
mail via air transportation, but are permitted in domestic mail via
surface transportation if:
a. They do not
ignite spontaneously under conditions normally incident to
transportation or when subjected for 8 consecutive hours to a
temperature of 200°F (93°C).
b. They cannot be readily ignited by friction unless struck on their own or a similar box, card, or book.
c. They are
tightly packed in a securely sealed primary receptacle to prevent any
shifting or movement that could cause accidental ignition by rubbing
against adjoining items. The primary receptacle(s) is placed securely
within an outer shipping container made of fiberboard, wood, or other
equivalent material. Multiple primary receptacles may be placed in a
single outer shipping container. The address side of the mailpiece must
be marked “Surface Only” or “Surface Mail Only” and “Book Matches,”
“Strike-on-Card Matches,” or “Card Matches,” as appropriate. A shipping
paper is not required.
d. The gross weight of each mailpiece is not more than 25 pounds.
10.15 Oxidizing Substances, Organic Peroxides (Hazard Class 5)
10.15.1 Definition
Hazard class 5 consists of two divisions:
a. Division 5.1,
Oxidizing Substances. A material that may, generally by yielding
oxygen, cause or enhance the combustion of other materials.
b. Division 5.2,
Organic Peroxides. Any organic compound that contains oxygen in the
bivalent structure and that may be considered a derivative of hydrogen
peroxide, where one or more of the hydrogen atoms have been replaced by
organic radicals.
10.15.2 Mailability
Oxidizing
substances and organic peroxides are prohibited in international mail.
Class 5 materials are permitted in domestic mail if the material can
qualify as an ORM-D material (until January 1, 2015), when intended for
ground transportation; or an air-eligible mailable limited quantity
material, when intended for air transportation. Liquid materials must
be enclosed within a primary receptacle having a capacity of 1 pint or
less; the primary receptacle(s) must be surrounded by absorbent
cushioning material and held within a leak-resistant secondary
container that is packed within a strong outer shipping container.
Solid materials must be contained within a primary receptacle having a
weight capacity of 1 pound or less; the primary receptacle(s) must be
surrounded with cushioning
material and
packed within a strong outer shipping container. Each mailpiece may not
exceed a total weight of 25 pounds. For surface transportation, each
mailpiece must be plainly and durably marked on the address side with
“ORM-D” immediately following or below the proper shipping name; and
each piece must be marked on the address side as “Surface Only” or
“Surface Mail Only” (or with a DOT square-on-point marking under
10.8b.). air transportation, packages must bear the DOT square-on-point
marking including the symbol “Y,” the appropriate approved DOT Class
5.1 or 5.2 hazardous material warning label, the identification number,
proper shipping name, and a shipper’s declaration for dangerous goods.
10.16 Toxic Substances (Hazard Class 6, Division 6.1)
10.16.1 Definitions
The terms used in the standards for Division 6.1 material are:
a. Toxic
substance is a poisonous material, other than a gas, that is known to
be so toxic to humans as to cause death, injury, or harm to human
health if swallowed, inhaled, or contacted by the skin.
b. Oral toxicity
applies to a liquid with a lethal dose (LD50) for acute oral toxicity
of not more than 500 mg/kg or a solid with an LD50 for acute oral
toxicity of not more than 200 mg/kg that when administered by mouth is
likely to cause death within 14 days in half of the test animals.
c. Dermal
toxicity applies to a material with an LD50 for acute dermal toxicity
of not more than 1,000 mg/kg that when administered by continuous
contact with bare skin is likely to cause death within 14 days in half
of the test animals.
d. Inhalation
toxicity applies to a dust or mist with a lethal concentration (LC50)
for acute inhalation toxicity of not more than 10 mg/L; or a saturated
vapor concentration in air at 68°F (20°C) of more than one-fifth of the
LC50 for acute toxicity on inhalation of vapors and with an LC50 for
acute inhalation toxicity of vapors of not more than 5,000 ml/m3; that
when administered by continuous inhalation for 1 hour is likely to
cause death within 14 days in half of the test animals.
e. Irritating
material is any liquid or solid substance (e.g., tear gas) that gives
off intense fumes and causes extreme irritation and impairment to a
person's ability to function.
10.16.2 Mailability
Toxic substances
or poisons are prohibited in international mail. For domestic mail, a
Division 6.1 toxic substance or poison that can qualify as an ORM-D
material (until January 1, 2015) when intended for ground
transportation, or a mailable air-eligible consumer commodity material
when intended for air transportation, is permitted when packaged under
the applicable requirements in 10.16.4. Certain other poisonous
materials are permitted to be mailed only between the authorized
parties and under the conditions in 10.16.3.
10.16.3 Authorized Parties
A Division 6.1
toxic substance having an LD50 for oral toxicity of greater than 5mg/kg
but less than or equal to 50 mg/kg is mailable only if packaged under
the applicable requirements in 10.16.4 and when sent between authorized
parties and under specified conditions, as follows:
a. Toxic
substances for scientific use (not outwardly or of their own force
dangerous or injurious to life, health, or property) may be sent only
between manufacturers, dealers, bona fide research or experimental
scientific laboratories, and employees of federal, state, or local
governments who have official use for such poisons and are designated
by the agency head to receive or send such poisons. For air
transportation, a shipper’s declaration for dangerous goods is required.
b. Poisonous
drugs and medicines may be sent only from the manufacturer or dealer of
the drugs and medicines to licensed physicians, surgeons, dentists,
pharmacists, druggists, cosmetologists, barbers, and veterinarians (18
USC 1716). In limited circumstances, when the mailing is initiated by a
drug manufacturer or the drug manufacturer's registered agent,
customers may return prescription drugs to the manufacturer or its
registered agent as indicated in 12.11.4 and 12.11.5.
10.16.4 Packaging and Marking
The following requirements must be met, as applicable:
a. A toxic
substance that can qualify as an ORM-D material (until January 1, 2015)
when intended for ground transportation, or a mailable air-eligible
consumer commodity material when intended for air transportation, and
does not exceed a total capacity of 8 ounces per mailpiece is permitted
if: the material is held in a primary receptacle(s); enough cushioning
material surrounds the primary receptacle to absorb all potential
leakage; and the cushioning and primary receptacle(s) are packed in
another securely sealed secondary container that is placed within a
strong outer shipping container. For surface transportation, each
mailpiece must be plainly and durably marked on the address side with
“ORM-D” immediately following or below the proper shipping name; and
each piece must be marked on
the address side
as “Surface Only” or “Surface Mail Only” (or with a DOT square-on-point
marking under 10.8b.). Air transportation packages must bear the DOT
square-on-point marking including the symbol “Y,” an approved DOT Class
9 hazardous material warning label, Identification Number “ID8000,”
proper shipping name “Consumer Commodity,” and a shipper’s declaration
for dangerous goods.
b. Other toxic
substances and poisons are permitted to be sent between the authorized
parties and under the conditions in 10.16.3 when they do not exceed 8
ounces per mailpiece and if: the material is held in a leak-resistant
primary receptacle(s); sufficient absorbent and cushioning material
completely surround each primary receptacle; the primary receptacle(s)
and the absorbent and cushioning materials are firmly held within a
leakproof (for liquids) or siftproof (for solids) secondary container;
the secondary container is firmly and securely held within a strong
outer shipping container of 200-pound grade corrugated fiberboard or
equivalent strength. The address side of each mailpiece must be marked
with the proper shipping name and UN (or NA) identification number of
the material
(unless exempted
by 12.11.6). Mailable materials sent via surface transportation must be
marked on the address side as “Surface Only” or “Surface Mail Only.”
Each mailpiece must bear a shipping paper.
10.16.5 Irritants
Irritants are prohibited in international mail and domestic mail.
10.17 Infectious Substances (Hazard Class 6, Division 6.2)
10.17.1 General
Division 6.2
materials include infectious substances, biological products, regulated
medical waste, sharps medical waste, used health care products, and
forensic materials. Division 6.2 materials are not permitted in
international mail or domestic mail, except when they are intended for
medical or veterinary use, research, or laboratory certification
related to the public health; and only when such materials are properly
prepared for mailing to withstand shocks, pressure changes, and other
conditions related to ordinary handling in transit. Mailable Division
6.2 materials sent as international mail must meet the standards in the
International Mail Manual. For domestic mail, mailable Division 6.2
materials must meet the applicable standards in 10.17. Unless otherwise
noted, all mailable
Division 6.2 materials must meet the mail preparation requirements for air transportation.
10.17.2 Definitions
The terms used in the standards for Division 6.2 materials are defined as follows:
a. Infectious
substance means a material known or reasonably expected to contain a
pathogen. A pathogen is a microorganism that can cause disease in
humans or animals. Examples of pathogens include bacteria, viruses,
fungi, and other infectious agents. An infectious substance must be
assigned to one of the following two categories:
1. Category A:
An infectious substance transported in a form capable of causing
permanent disability or life-threatening or fatal disease in otherwise
healthy humans or animals when exposure occurs. Category A infectious
substances are not mailable. A Category A infectious substance is
assigned the identification number UN 2814 or UN 2900, based on the
known medical history or symptoms of the source patient or animal,
endemic local conditions, or professional judgment concerning the
individual circumstances of the source human or animal.
2. Category B:
An infectious substance that does not meet the criteria for inclusion
in Category A. A mailpiece known or suspected to contain a Category B
infectious substance must bear the proper shipping name “Biological
substance, Category B” on the address side of the mailpiece and must be
assigned to and marked with identification number UN 3373 or, for
regulated medical waste and sharps medical waste, identification number
UN 3291.
b. Biological
product means a virus, therapeutic serum, toxin, antitoxin, vaccine,
blood, blood component or derivative, allergenic product, or analogous
product or arsphenamine or derivative of arsphenamine (or any other
trivalent arsenic compound) intended to prevent, treat, or cure a
disease or condition of humans or animals. A biological product
includes a material subject to regulation under 42 U.S.C. 262 or 21
U.S.C. 151-159. Unless otherwise excepted, mark these mailpieces with
identification number UN 3373 when they contain a biological product
known or reasonably expected to contain a pathogen that meets the
definition of a Category B infectious substance.
c. Cultures are
infectious substances that result from a process by which pathogens are
intentionally propagated. This definition does not include a human or
animal patient specimen as defined in 10.17.2e.
d. Exempt human
or animal specimen means a human or animal sample (including, but not
limited to, secreta, excreta, blood and its components, tissue and
tissue fluids, and body parts) transported for routine testing not
related to the diagnosis of an infectious disease. Typically, exempt
human specimens are specimens for which there is a low probability that
the sample is infectious, such as specimens for drug or alcohol
testing; cholesterol testing; blood glucose level testing;
prostate-specific antigens (PSA) testing; testing to monitor heart,
kidney, or liver function; pregnancy testing; and testing for diagnosis
of noninfectious diseases such as cancer biopsies. Exempt human or
animal specimens are not subject to regulation as hazardous materials
but must be packaged according to
10.17.9.
e. Patient
specimen means material that is collected directly from humans or
animals and transported for purposes such as diagnosis and research.
Patient specimens include excreta, secreta, blood and its components,
tissue and tissue swabs, body parts, and specimens in transport media
(such as transwabs, culture media, and blood culture bottles).
f. Regulated
medical waste, for USPS purposes, means a soft waste material (other
than a sharp) derived from the medical treatment, diagnosis,
immunization, or biomedical research of a human or animal. Soft medical
waste includes items such as used rubber gloves, swabs, gauze, tongue
depressors, and other similar material. Mark these mailpieces with
identification number UN 3291.
g. Sharps
medical waste, for USPS purposes, means a medical waste object that is
capable of cutting or penetrating skin or packaging material and that
is contaminated with a pathogen or may become contaminated with a
pathogen derived from the medical treatment, diagnosis, immunization,
or biomedical research of a human or animal. Sharps include used
medical waste such as needles, syringes, scalpels, broken glass,
culture slides, culture dishes, broken capillary tubes, broken rigid
plastic, and exposed ends of dental wires. Mark these mailpieces with
identification number UN 3291.
h. Toxin means a
Division 6.1 material from a plant, animal, or bacterial source. A
toxin containing an infectious substance or a toxin contained in an
infectious substance must be classed as Division 6.2, described as an
infectious substance, and assigned to UN 2814, UN 2900, or UN 3373, as
appropriate. A toxin known or suspected to contain a Category A
infectious substance is not mailable. A toxin known or suspected to
contain a Category B infectious substance must be marked UN 3373 and
packaged under 10.17.5. Toxins from plant, animal, or bacterial sources
that do not contain an infectious substance, and are not contained in
an infectious substance, may be considered for classification as
Division 6.1 toxic substances under 10.16.
i. Used health
care product means a medical, diagnostic, or research device or piece
of equipment, or a personal care product used by consumers, medical
professionals, or pharmaceutical providers that does not meet the
definition of a diagnostic specimen, biological product, regulated
medical waste, or sharps waste, is contaminated with potentially
infectious body fluids or materials, and is not decontaminated or
disinfected to remove or mitigate the infectious hazard prior to
transport.
10.17.3 Nonregulated Materials
The following
materials are not subject to regulation as Division 6.2 hazardous
materials and are mailable when the packaging requirements in 10.17.8
are met:
a. A biological
product, including an experimental or investigational product or
component of a product, subject to Federal approval, permit, review, or
licensing requirements, such as those required by the Food and Drug
Administration of the U.S. Department of Health and Human Services or
the U.S. Department of Agriculture. A biological product known or
suspected to contain a Category B infectious substance must be marked
UN 3373 and packaged under 10.17.4. A biological product known or
suspected to contain a Category A infectious substance is not mailable.
b. Blood
collected for the purpose of blood transfusion or the preparation of
blood products; blood products; plasma; plasma derivatives; blood
components; tissues or organs intended for use in transplant
operations; and human cell, tissues, and cellular and tissue-based
products regulated under the Public Health Service Act (42 U.S.C.
264-272) or the Food, Drug, and Cosmetic Act (21 U.S.C. 332 et seq.).
c. Blood, blood
plasma, and blood components collected for the purpose of blood
transfusion or the preparation of blood products and sent for testing
as part of the collection process, except where the person collecting
the blood has reason to believe it contains a Category B infectious
substance, in which case the test sample must be shipped as a Category
B infectious substance. Materials known or suspected to contain a
Category A infectious substance are not mailable.
d. Dried blood
spots, collected by applying a drop of blood to absorbent material, or
dried specimens for fecal occult blood detection. (These materials are
not classified as exempt human or animal specimens.)
e. Forensic
material containing a biological material, such as tissue, body fluid,
excreta, or secreta, not expected to contain a Category A or Category B
infectious substance and transported on behalf of a U.S. Government
agency or a state, local, or Indian tribal government agency. A
forensic material known or suspected to contain a Category B infectious
substance must be shipped as a Category B infectious substance. A
forensic material known or suspected to contain a Category A infectious
substance is not mailable.Packaging—General
All materials
mailable under the provisions in 10.17 must be properly packaged.
Exhibit 10.17.3 lists the specific reference in 10.17 under which each
type of mailable material must be packaged.
Exhibit 10.17.3 Packaging Standards for Division 6.2 Infectious Substances
Material Being Mailed
Packaging Standards
Nonregulated
Category A
Category B
Blood for Transfusion
10.17.8
nm
10.17.4
Biological Product
10.17.8
nm
10.17.4
Culture or Stock
10.17.8
nm
10.17.4
Patient Specimen
10.17.8
nm
10.17.4
Exempt Human or Animal Specimen
10.17.9
n/a
n/a
Forensic Material
10.17.8
nm
10.17.4
Regulated Medical Waste
10.17.5
nm
10.17.5
Sharps Waste
10.17.5
nm
10.17.5
Toxin*
10.16.4
nm
10.17.4
Treated Medical Waste
10.17.8
n/a
n/a
Used Health Care Product
10.17.6
nm
10.17.6
nm = Not mailable.
n/a = Not applicable.
* Toxin means a
Division 6.1 material from a plant, animal, or bacterial source. A
toxin containing an infectious substance or a toxin contained in an
infectious substance must be classified as Division 6.2; described as
an infectious substance; and assigned to UN 2814, UN 2900, or UN 3373,
as appropriate. A Division 6.1 toxin that can qualify as an ORM-D
material is permitted when packaged under 10.16.3 or 10.16.4. 10.17.4
Packaging Category B Infectious Substances
A material that
is classified as a Category B infectious substance and that meets the
definition in 10.17.2a..2. must be triple-packaged, meeting the
packaging requirements in 49 CFR 173.199, and sent as First-Class Mail,
Priority Mail, or Priority Mail Express. Each primary receptacle
containing a liquid must be leakproof and surrounded by absorbent
material sufficient to protect the primary receptacle and absorb the
total amount of liquid should the primary receptacle leak or break.
Each primary receptacle containing a solid must be siftproof. Secondary
containers for liquids must be leakproof. Secondary containers for
solids must be siftproof. The primary and secondary packaging must be
enclosed in a rigid outer shipping container. A single primary
receptacle must not contain more than
1 liter (34
ounces) of a liquid specimen or 4 kg (8.8 pounds) of a solid specimen.
Two or more primary receptacles whose combined volume does not exceed 4
liters (1 gallon) for liquids or 4 kg (8.8 pounds) for solids may be
enclosed in a single secondary container. In addition:
a. The secondary container must be marked with the international biohazard symbol shown in Exhibit 10.17.5d..3..
b. The primary
receptacle or secondary packaging must be capable of withstanding,
without leakage, an internal pressure producing a pressure differential
of not less than 95 kPa (0.95 bar, 14 psi) in the range of -40° C to
55° C (-40° F to 130° F).
c. All
mailpieces sent under 10.17.4 must be marked on the address side with
the shipping name “Biological substance, Category B” and “UN 3373” as
outlined in 49 CFR 173.199 (a)(5). Regulated medical waste and sharps
medical waste as defined in 10.17.2f. and 10.17.2g. must be marked UN
3291. See 10.17.5.
d. Orientation arrows are not required on these mailpieces but may be used.
e. The outer
packaging must show the name and telephone number of a person who is
knowledgeable about the material shipped and has comprehensive
emergency response and incident mitigation information, or of someone
who has immediate access to the person with such knowledge and
information. 10.17.5 Sharps Waste and Other Mailable Regulated Medical
Waste
Regulated
medical waste and sharps medical waste known or suspected to contain a
Category A infectious substance is not mailable. Regulated medical
waste and sharps medical waste as defined in 10.17.2f. and 10.17.2g.,
and containing materials classified as Category B infectious
substances, must be marked UN 3291 and are permitted for mailing only
using merchandise return service (see 505.3.0) with First-Class Mail or
Priority Mail service, subject to the following requirements:
a.
Authorization. Each vendor of a complete regulated medical waste or
sharps waste mailing container system (including all component parts
required to safely mail such waste to a storage or disposal facility)
must obtain authorization from the USPS prior to mailing. Before
applying for authorization, each type of mailing container system must
be tested and certified under the standards in 10.17.5e by an
independent testing facility. The vendor in whose name the
authorization is being sought must submit a written request to the
manager, Product Classification, USPS Headquarters (see 608.8.0, for
address). The request for authorization must contain the following:
1. An
irrevocable $50,000 surety bond or letter of credit as proof of
sufficient financial responsibility to cover disposal costs if the
vendor ceases doing business before all its waste container systems are
disposed of or to cover cleanup costs if spills occur while the
containers are in USPS possession. The surety bond or letter of credit
must be issued in the name of the vendor seeking the authorization and
must name the USPS as the beneficiary or obligee. Vendors that market
their containers to distributors are responsible for disposal and
cleanup costs attributed to those containers. In addition, vendors must
provide a list of distributors, including firm names, addresses, and
telephone numbers, to the Postal Service on request.
2. Address of the headquarters or general business office of the vendor seeking the authorization.
3. Name, address, and phone number of each storage and disposal site.
4. List of all
types of mailing container systems to be covered by the request, a
complete sample of each mailing container system, and proof of package
testing certifications performed by the independent testing facility
that subjected the packaging materials to the testing requirements in
10.17.5e.
5. Copy of the proposed waste shipping paper to be used with each mailing container system.
6. 24-hour toll free telephone number for emergencies.
7. List of the types of waste to be mailed for disposal in each mailing container system.
8. Copy of the
merchandise return service label to be used with each mailing container
system and verification that the merchandise return service permit fee
and accounting fee have been paid.
9. Address of the Post Office or postage due unit where the containers are delivered.
b. Packaging.
Regulated medical waste and sharps medical waste that also meets the
definition of a Category A infectious substance is not mailable. A
medical waste material treated by steam sterilization, chemical
disinfections, or other appropriate method so that it no longer
contains a Category A or Category B infectious substance must be
packaged under 10.17.8. The packaging for regulated medical waste and
sharps medical waste containing or suspected of containing a Category B
infectious substance is subject to these standards:
1. Sharps
medical waste and regulated medical waste meeting the definitions in
10.17.2e and 10.17.2g must be collected in a rigid, securely sealed,
and leakproof primary receptacle. For sharps waste, the primary
receptacle must also be puncture-resistant and may not have a maximum
capacity that exceeds 3 gallons in volume. For regulated medical waste,
the primary receptacle may not have a maximum capacity that exceeds 5
gallons in volume. Each primary receptacle may not contain more than 50
ml (1.66 ounces) of residual waste liquid. Each primary receptacle must
display the international biohazard symbol shown in Exhibit 10.17.5d3.
Package testing results must show that the contents did not penetrate
through the primary container during package testing and that the
primary container can
maintain its integrity at temperatures as low as 0°F and as high as 120°F.
2. The primary
receptacle must be packaged within a watertight secondary container or
containment system. The secondary container may consist of more than
one component. If one of the components is a plastic bag, the bag must
be at least 4 mil in thickness and must be used in conjunction with a
fiberboard box. A plastic bag by itself does not meet the requirement
for a secondary container. Several primary receptacles may be enclosed
in a secondary container. The primary receptacle(s) must fit securely
and snugly within the secondary container to prevent breakage during
ordinary processing.
3. The secondary
container must be enclosed in a strong outer shipping container
constructed of 200-pound grade corrugated fiberboard. The joints and
flaps of the outer shipping container must be securely taped, glued, or
stitched to maintain the integrity of the container. When tape or glue
is used to secure an outer shipping container, the material must be
water-resistant. Fiberboard boxes with interlock bottom flaps (i.e.,
easy-fold) are not permitted as outer shipping containers unless
reinforced with water-resistant tape. The secondary container must fit
securely and snugly within the outer shipping container to prevent
breakage during ordinary processing.
4. There must be
enough material within the primary receptacle to absorb and retain
three times the total liquid allowed within the primary receptacle (150
ml per primary receptacle) in case of leakage.
5. Each
mailpiece must not weigh more than 25 pounds. Medical Professional
Packages as identified in 10.17.5c., may not weigh more than 35 pounds.
The container's maximum allowable weight must be printed on the outside
of the box and on the assembly and closure instructions included with
each mailpiece. The mailpiece must be tested at the maximum allowable
weight identified by the vendor.
6. In each
mailing container system, the authorized vendor must include a
step-by-step instruction sheet that clearly details the proper sequence
and method of container system assembly prior to mailing to prevent
package failure during transport due to improper assembly. The
instruction sheet must also include a customer service telephone
number, or provide specific information on where such a telephone
number is located elsewhere on the container system, for third-party
end users to contact if they have assembly questions or find a
component part is missing.
c. Medical
Professional Packages. Medical Professional Packages, while intended
for use by small medical offices, is not limited to use by medical
offices only. One primary receptacle larger than 5 gallons in volume
may be used for mailing pre-primary sharps receptacles (sharps
receptacles normally used in doctors' offices) and other regulated
medical waste under the following conditions:
1. The mailpiece must meet all the requirements in 10.17.5 except for the primary receptacle capacity limits of 10.17.5b..1..
2. Only rigid,
securely closed, puncture and leak-resistant pre-primary sharps
receptacles that meet or exceed Occupational Safety and Health
Administration standards as identified in 29 CFR 1910.1030, may be
placed inside the primary receptacle. Each pre-primary sharps container
may contain no more than 50 ml (1.66 ounces) of residual waste liquid.
Several pre-primary sharps receptacles may be enclosed in the single
primary receptacle.
3. Multiple tie-closed plastic bags of regulated medical waste may be placed inside the single primary receptacle.
4. The primary
receptacle must be lined with a plastic bag at least 4 mil in thickness
and must include sufficient absorbent material within the liner to
absorb all residual liquid in the primary receptacle.
5. The mailpiece must not weigh more than 35 pounds.
d. Mailpiece
Labeling, Marking, and Documentation. Regulated medical waste and
sharps waste must meet the following requirements:
1. For Medical
Professional Packages, the additional marking “Medical Professional
Packaging” must be clearly printed in lettering at least 2 inches high
on the address side of the outer shipping container.
2. Each primary
receptacle and outer shipping container must bear a label, which cannot
be detached intact, showing: (a) the company name of the vendor to
which the mailing authorization is issued; (b) the USPS Authorization
Number, and; (c) the container ID number (or unique model number)
signifying that the packaging material is certified and that the vendor
obtained the authorization required by 10.17.5a. Place the label on the
top or on a side of the container.
3. The primary
receptacle(s) and the outer shipping container must bear the
international biohazard symbol in black with either a fluorescent
orange or fluorescent red background as shown in Exhibit 10.17.5d3. The
symbol on the outer shipping container must be at least 3 inches high
and 4 inches wide. Exhibit 10.17.5d3 International Biohazard Symbol
Shows the international symbol for biohazardous material.
4. Each
mailpiece must have a four-part waste shipping paper. The shipping
paper must be affixed to the outside of the mailpiece in an envelope or
similar carrier that can be easily opened and resealed to allow review
of the document. The shipping paper must comply with all applicable
requirements imposed by the laws of the state from which the container
system is mailed. At a minimum, the information in Exhibit 10.17.5d4
must be on the shipping paper. Exhibit 10.17.5d4 Shipping Paper for
Regulated Medical Waste and Sharps Waste Containers
Section
Information Required
1. Generator (Mailer)
a. Name.
b. Complete address (not a Post Office box).
c. Telephone number.
d. Description
of contents of mailing container. “Regulated Medical Waste” or
“Regulated Medical Waste–Sharps” is required as appropriate.
e. Date container was mailed.
f. State permit number of approved facility in which contents are to be disposed of.
2. Destination Facility (Disposal Site)
Complete address (not a Post Office box)
3. Generator’s (Mailer’s) Certification
The following certification statement must be printed on the shipping paper:
“I certify that
this container has been approved for the mailing of [insert either
“regulated medical waste” or “sharps waste,” as appropriate], has been
prepared for mailing in accordance with the directions for that
purpose, and does not contain excess liquid or nonmailable material in
violation of the applicable Postal Service regulations. I AM AWARE THAT
FULL RESPONSIBILITY RESTS WITH THE GENERATOR (MAILER) FOR ANY VIOLATION
OF 18 USC 1716 WHICH MAY RESULT FROM PLACING IMPROPERLY PACKAGED ITEMS
IN THE MAIL. I also certify that the contents of this consignment are
fully and accurately described above by proper shipping name and are
classified, packed, marked, and labeled, and in proper condition for
carriage by air according to the national governmental regulations.”
This statement must be followed by printed or typewritten name of generator (mailer), signature of generator, and date signed.
4. Destination Facility (Storage or Disposal Site)
The following certification statement of receipt, treatment, and disposal must be printed on the shipping paper:
“I certify that
the contents of this container have been received, treated, and
disposed of in accordance with all local, state, and federal
regulations.”
This statement
must be followed by printed or typewritten name of an authorized
recipient at destination facility, signature of authorized recipient,
and date signed.
5. Transporter Intermediate Handler Other Than the Postal Service (If Different From Destination Facility)
a. Name.
b. Complete address (not a Post Office box).
c. Printed or typewritten name of transporter or intermediate handler.
d. Signature of transporter or intermediate handler and date signed.
6. Serialized Waste Shipping Papers
Each waste
shipping paper or mail disposal service shipping record must be
serialized using a unique numbering system for identification purposes.
7. Comment Area
Each shipping paper must contain an area designated for entering comments or noting discrepancies.
8. Completion and Distribution of Waste Shipping Paper
Each shipping paper must contain instructions for properly completing the four-part form.
Copies of the form must be distributed as follows:
a. One copy must be kept by generator (mailer).
b. One copy must be kept by transporter or intermediate handler for 90 days.
c. One copy must be kept by destination facility for 90 days.
d. One copy must be mailed to generator by destination facility.
9. Emergency Telephone Number
Each shipping paper must bear the following statement with appropriate information:
“IN CASE OF EMERGENCY, OR THE DISCOVERY OF DAMAGE OR LEAKAGE, CALL 1-800-###-####.”
5. The outer
shipping container must bear a properly prepared merchandise return
service label (see 505.3.0). The merchandise return service permit must
be held in the same name as that of the authorized medical waste vendor.
6. The outer
shipping container must be marked on two opposite side walls with the
package orientation marking in 49 CFR 173.312 to identify the proper
upright position of the mailpiece during handling.
7. Mailpieces
containing regulated medical waste or sharps waste must be marked on
the address side with the correct UN number and proper shipping name
(e.g., “Regulated Medical Waste, UN 3291” or “Regulated Medical
Waste–Sharps, UN 3291”).
8. Vendors must
retrieve mailpieces held at processing facilities due to improper
labeling such as no return address or due to improperly completed
shipping papers.
e. Package
Testing. Vendors must submit to the manager, Product Classification
(see 608.8.0 for address), package testing results from an independent
testing facility for each package for which the vendor is requesting
authorization. In addition, vendors must submit package testing results
from an independent testing facility when the design of a container
system changes or every 24 months, whichever occurs first. The test
results must show that if every mailpiece prepared for mailing were
subject to the environmental and test conditions in 49 CFR and the
additional test requirements in 10.17.5f, no contents would be released
into the environment and the effectiveness of the packaging would not
be significantly reduced. The Postal Service may require proof of
accreditation or other
documentation to support the credentials of an independent testing facility.
f. Testing
Criteria. Packages tested for approval as Medical Professional Packages
may not be tested using pre-primary containers that are currently, or
have previously been, approved as USPS primary containers. Test reports
must identify by brand name the pre-primary containers used during
testing. Each mailpiece must pass each of the tests described below:
1. Leak-proof
test. The test must be conducted on one primary receptacle with the lid
in place, without the secondary and outer packaging. The test duration
must be at least 5 minutes and must be conducted at 20 kPa (3 psi). The
pass/fail criterion is: no air leakage from anywhere other than the
closure of the primary receptacle. Air leakage at the closure is not
considered a failure if the primary receptacle passes the test for
watertightness as determined by placing 50 ml of deionized water into
the primary receptacle, securing the closure, and then turning the
container on its side and observing for any evidence of leakage. Any
evidence of water leaking from the primary receptacle is a failure.
2. Stacking
test. One mailpiece must withstand the test in 49 CFR 178.606. The
dynamic compression test must be conducted on the empty, unsealed
mailpiece assembled for mailing, without the primary receptacle(s). The
test mass is the vendor-identified maximum weight, not to exceed 25
pounds, as indicated on the outer shipping container and on the
assembly and closing instructions. A compensation factor of 1.5 must be
used to compute the test load, based on the vendor-identified weight.
The pass/fail criteria are: no buckling of the sidewalls sufficient to
cause damage to the contents in the primary receptacle, and in no case
does the deflection exceed 1 inch.
3. Vibration
test. One mailpiece filled with sharps or other regulated medical waste
must withstand the test in 49 CFR 178.608. The test mailpiece is filled
with sharps or other regulated medical waste to the vendor-identified
maximum weight, not to exceed 25 pounds, as indicated on the outer
shipping container and on the assembly and closing instructions. The
test sample is prepared as it would be for mailing. The pass/fail
criterion is: no rupture, cracking, or splitting of any primary
receptacle.
4. Wet drop
test. Five mailpieces filled with sharps or other regulated medical
waste must withstand the test in 49 CFR 178.609e. Each test mailpiece
is filled with sharps or other regulated medical waste to the
vendor-identified maximum weight, not to exceed 25 pounds, as indicated
on the outer shipping container and on the assembly and closing
instructions included with each mailpiece. Each mailpiece is prepared
as it would be for mailing and subjected to a water spray as described
in the test. A separate, untested mailpiece is used for each drop
orientation: top, longest side, shortest side, and corner. The
pass/fail criteria are: no rupture, cracking, or splitting of any
primary receptacle, and no contents may penetrate into or through the
body or lid of any primary receptacle.
5. Cold drop
test. Five mailpieces filled with sharps or other regulated medical
waste must withstand the test in 49 CFR 178.609f. Each test mailpiece
is filled with sharps or other regulated medical waste to the
vendor-identified maximum weight, not to exceed 25 pounds, as indicated
on the outer shipping container and on the assembly and closing
instructions included with each mailpiece. Each mailpiece is prepared
as it would be for mailing and chilled as described in the test. A
separate, untested mailpiece is used for each drop orientation: top,
longest side, shortest side, and corner. The pass/fail criteria are: no
rupture, cracking, or splitting of any primary receptacle, and no
contents may penetrate into or through the body or lid of any primary
receptacle.
6. Impact test.
One mailpiece filled with sharps or other regulated medical waste must
withstand the test in 49 CFR 178.609h. The test mailpiece is filled
with sharps or other regulated medical waste to the vendor-identified
maximum weight, not to exceed 25 pounds, as indicated on the outer
shipping container and on the assembly and closing instructions
included with each mailpiece. The mailpiece is prepared as it would be
for mailing. The pass/fail criteria are: no rupture, cracking, or
splitting of any primary receptacle, and no contents may penetrate into
or through the body or lid of any primary receptacle.
7.
Puncture-resistant test. Package testing results must show that during
all of the previous tests, the contents did not penetrate through the
primary receptacle.
8. Temperature
test. Package testing results must show that each primary receptacle
maintained its integrity when exposed to temperatures as low as 0°F and
as high as 120°F.
9. Absorbency
test. Package testing results must show that the primary receptacle(s)
contain enough absorbent material to absorb three times the total
liquid allowed within the primary receptacle in case of leakage.
Absorbency is determined by pouring 150 ml of deionized water into the
primary receptacle(s), then turning the receptacle(s) upside down and
observing for any evidence of free liquid not absorbed on contact. Any
evidence of free liquid is a failure.
10. Watertight
test. Package testing results must show that no leakage occurred when
50 ml of deionized water was placed into the secondary containment
system and the entire system turned upside down for 5 minutes.
g. Suspension of
Authorization. The Postal Service may suspend a vendor's authorization
based on information that a mailpiece no longer meets the standards for
mailing sharps medical waste and regulated medical waste containers, or
that the mailpiece poses an unreasonable safety risk to Postal Service
employees or the public. The suspension can be made immediately, making
the mailpiece nonmailable immediately. The vendor may contest a
decision to suspend authorization by writing to the manager, Product
Classification (see 608.8.0 for address), within 7 days from the date
of the letter of suspension. The appeal should provide evidence
demonstrating why the decision should be reconsidered. Any order
suspending authorization remains in effect during an appeal or other
challenge. When a vendor
is notified that
its authorization to mail sharps or other regulated medical waste
containers has been suspended, the vendor must immediately:
1. Recall all identified containers.
2. Notify all customers that they cannot mail the identified containers.
3. Suspend sales and distribution of all identified containers.
4. Collect the
identified containers from distributors, consumers, and the Postal
Service without using the mail and in accordance with all federal and
state regulations.
10.17.6 Packaging Used Health Care Products
A used health
care product known or reasonably suspected to contain a Category A
material is not mailable. A used health care product not suspected to
contain an infectious material, or that is known or suspected to
contain a Category B infectious substance, and is being returned to the
manufacturer or manufacturer's designee is mailable as First-Class
Mail, Priority Mail, or Priority Mail Express subject to the following
packaging requirements:
a. Each used
health care product must be drained of liquid to the extent possible
and placed in a watertight primary receptacle designed and constructed
to ensure that it remains intact under normal conditions of transport.
For a used health care product capable of cutting or penetrating skin
or packaging material, the primary receptacle must be capable of
retaining the product without puncture of the packaging under normal
conditions of transport. The primary receptacle must be marked with the
international biohazard symbol as shown in Exhibit 10.17.5d3.
b. Each primary
receptacle must be placed inside a watertight secondary container
designed and constructed to ensure that it remains intact under normal
conditions of transport. The secondary container must also be marked
with the international biohazard symbol as shown in Exhibit 10.17.5d3.
c. The secondary
container must be placed inside an outer shipping container with
sufficient cushioning material to prevent movement between the
secondary container and the outer shipping container. An itemized list
of the contents of the primary receptacle and information concerning
possible contamination with a Division 6.2 material, including its
possible location on the product, must be placed between the secondary
container and the outer shipping container. A shipping paper and a
content marking on the outer shipping container are not required.
10.17.7 Packaging Forensic Material
Forensic
material containing a biological material, such as tissue, body fluid,
excreta, or secreta, and sent on behalf of a U.S. Government agency or
a state, local, or Indian tribal government agency must be packaged
under 10.17.8 when it is not known or suspected to contain a Category A
or Category B infectious substance. Forensic material known or
suspected to contain a Category A infectious substance is not mailable.
Forensic material known or suspected to contain a Category B infectious
substance as identified in 10.17.4 is mailable as First-Class Mail,
Priority Mail, or Priority Mail Express when triple-packaged in a
primary receptacle, secondary container, and a rigid outer shipping
container as follows:
a. The forensic
material must be held within a securely sealed primary receptacle. The
primary receptacle must be surrounded by sufficient absorbent material
(for liquids) and cushioning material to protect the primary container
from breakage. The absorbent material must be capable of taking up the
entire liquid contents of the primary receptacle in case of leakage.
The primary receptacle must be marked with the international biohazard
symbol as shown in Exhibit 10.17.5d3.
b. The primary
receptacle and the absorbent and cushioning material must be enclosed
in a watertight and securely sealed secondary container. The secondary
container must also display the international biohazard symbol as shown
in Exhibit 10.17.5d3.
c. The secondary
container must be firmly and snugly packed within a strong outer
shipping container that is securely sealed. A shipping paper and a
content marking on the outer shipping container are not required.
10.17.8 Packaging Nonregulated Materials
Nonregulated
materials as defined in 10.17.3 are not subject to regulation as
hazardous materials but must be properly packaged when presented for
mailing. Regulated medical waste, sharps medical waste, and used health
care products must be packaged and mailed under 10.17.5 and 10.17.6.
Exempt human and animal specimens must be packaged under 10.17.9.
Nonregulated materials are mailable as First-Class Mail, Priority Mail,
Priority Mail Express, or Package Services mail. Such materials must be
held within a securely sealed primary receptacle. The primary
receptacle must be surrounded by sufficient absorbent material (for
liquids) and cushioning material to protect the primary receptacle from
breakage. The absorbent material must be capable of taking up the
entire liquid contents of the
primary
receptacle in case of leakage. Either the primary receptacle or the
inner packaging must be marked with the international biohazard symbol
shown in
Exhibit
10.17.5d3. The primary receptacle and the absorbent and cushioning
material must be snugly enclosed in a rigid outer shipping container
that is securely sealed. A shipping paper and a content marking on the
outer shipping container are not required. Nonregulated material
specimens and biological products are subject to the following
packaging standards:
a. Liquid
Patient Specimens and Biological Products. Mailers must package a
liquid nonregulated patient specimen, a forensic specimen, or a
biological product (such as polio vaccine) as follows:
1. Not exceeding
50 ml. A patient specimen or biological product consisting of 50 ml or
less per mailpiece must be packaged in a securely sealed primary
receptacle. Two or more primary receptacles whose combined volume does
not exceed 50 ml may be enclosed within a single mailpiece. Sufficient
absorbent material and cushioning material to withstand shock and
pressure changes must surround the primary receptacle(s), or be
otherwise configured to take up the entire liquid contents in case of
leakage. The primary receptacle(s) and the absorbent cushioning must be
enclosed in a secondary container with a leakproof barrier that can
prevent failure of the secondary container if the primary receptacle(s)
should leak during transport. The secondary container must be securely
sealed, and it may
serve as the
outer shipping container if it has sufficient strength to withstand
ordinary postal processing. The secondary container must be marked with
the international biohazard symbol shown in Exhibit 10.17.5d3, except
when the secondary container also serves as the outer shipping
container. In that case, the biohazard symbol must appear on the inner
packaging or on the primary container. A shipping paper and a content
marking on the outer shipping container are not required.
2. Exceeding 50
ml. A liquid patient specimen, forensic material, or biological product
that exceeds 50 ml must be packaged in a securely sealed primary
receptacle. A single primary receptacle must not contain more than 500
ml of specimen. Two or more primary receptacles whose combined volume
does not exceed 500 ml may be enclosed in a single secondary container.
Sufficient absorbent material and cushioning material to withstand
shock and pressure changes must surround the primary receptacle(s), or
be otherwise configured to take up the entire liquid contents in case
of leakage. The primary receptacle(s) and the absorbent cushioning must
be enclosed in a secondary container with a leakproof barrier that can
prevent failure of the secondary container if the primary receptacle(s)
should leak
during
transport. The secondary container cannot serve as the outer shipping
container. The secondary container must be marked with the
international biohazard symbol shown in Exhibit 10.17.5d3. The
secondary container must be securely and snugly enclosed in a
fiberboard box or container of equivalent strength that serves as the
outer shipping container. A shipping paper and a content marking on the
outer shipping container are not required.
b. Solid (or
Dry) Specimen. A solid or dry specimen, such as a saliva swab, blood
spot, fecal smear, culture or stock, or forensic material, must be
completely dried before packaging in a mailing container or envelope.
Cushioning material to withstand shock and pressure changes is required
only if the dry specimen is placed in a breakable primary receptacle.
When required, the cushioning material must surround the primary
receptacle. The primary receptacle (and cushioning material, if
required) must be enclosed in a secondary container with a siftproof
barrier that can prevent failure of the secondary container if the
primary receptacle breaks during shipment. The secondary container must
be securely sealed, and it may serve as the outer shipping container if
it has sufficient strength to
withstand
ordinary postal processing. The secondary container must be marked with
the international biohazard symbol shown in Exhibit 10.17.5d3, except
when the secondary container also serves as the outer shipping
container. In that case, the biohazard symbol must appear either on the
inner packaging or on the primary receptacle. A shipping paper and a
content marking on the outer shipping container are not required.
10.17.9 Packaging Exempt Human or Animal Specimens
Exempt human or
animal specimens as defined in 10.17.2d. are not subject to regulation
as hazardous materials but when presented for mailing must be
triple-packaged in leakproof (for liquids) or siftproof (for solids)
primary receptacles. Sufficient cushioning and absorbent materials must
surround each primary receptacle containing liquid. Secondary
containers for liquids must be leakproof. Secondary containers for
solids must be siftproof. The primary and secondary packaging must be
enclosed in a rigid outer shipping container. A single primary
receptacle must not contain more than 500 ml of a liquid specimen or
500 grams of a solid specimen. Two or more primary receptacles whose
combined volume does not exceed 500 ml (for liquids) or 500 grams (for
solids) may be enclosed in a single
secondary
container. The secondary container cannot serve as the outer shipping
container. The secondary container must be marked with the
international biohazard symbol shown in Exhibit 10.17.5d3. The
secondary container must be securely and snugly enclosed in a
fiberboard box or container of equivalent strength that serves as the
outer shipping container. A shipping paper is not required. The outer
shipping container must be marked on the address side with the words
“Exempt human specimen” or “Exempt animal specimen,” as appropriate. In
addition, at least one surface of the outer packaging must have a
minimum dimension of 3.9 inches x 3.9 inches (100 mm x 100 mm). Exempt
human and animal specimens are mailable as First-Class Mail, Priority
Mail, Priority Mail Express, or Package Services
mail.
10.18 Radioactive Materials (Hazard Class 7)
Radioactive
materials are prohibited in international mail and domestic mail if
required to bear the DOT Radioactive White-I, Radioactive Yellow-II, or
Radioactive Yellow-III label (49 CFR 172.436, 172.438, or 172.440,
respectively) or if it contains quantities of radioactive material in
excess of those authorized in Publication 52, Hazardous, Restricted, or
Perishable Mail. Radioactive materials are prohibited in domestic mail
via air transportation. For international mail, the standards in IMM
135 apply.
10.19 Corrosives (Hazard Class 8)
10.19.1 Definition
A corrosive is
any liquid or solid that causes visible destruction or irreversible
alteration in human skin tissue at the site of contact or a liquid that
has a severe corrosion rate on steel.
10.19.2 Mailability
Corrosives are
prohibited in international mail. A corrosive that can qualify as an
ORM-D material (until January 1, 2015), when intended for ground
transportation; or an air-eligible mailable limited quantity material,
when intended for air transportation, is permitted in domestic mail via
air or surface transportation subject to these limitations:
a. Liquid
Corrosive. A liquid mixture must be 1 pint or less and must contain 15%
or less corrosive material with the remainder of the mixture not being
a hazardous material, unless otherwise specified for a specific
corrosive material. Primary receptacles must be securely sealed
compatible glass bottles that are enclosed within securely sealed metal
or plastic secondary containers. The secondary container must be packed
within a strong outer shipping container that does not exceed 25 pounds
per mailpiece.
b. Solid
Corrosive. A solid mixture must be 10 pounds or less per primary
receptacle and must contain 10% or less corrosive material with the
remainder of the mixture not being a hazardous material, unless
otherwise specified for a specific corrosive solid. The primary
receptacle(s) and secondary container must be securely sealed
compatible siftproof containers packed in strong outer shipping
container. The total weight of a mailable solid corrosive cannot exceed
25 pounds per mailpiece.
10.19.3 Marking
For surface
transportation, each mailpiece must be plainly and durably marked on
the address side with “ORM-D” immediately following or below the proper
shipping name; and each piece must be marked on the address side as
“Surface Only” or “Surface Mail Only” (or with a DOT square-on-point
marking under 10.8b.). Air transportation packages must bear the DOT
square-on-point marking including the symbol “Y,” the appropriate
approved DOT Class 8 hazardous material warning label, the
identification number, he proper shipping name, and a shipper’s
declaration for dangerous goods.
10.19.4 Nonspillable Wet Electric Storage Batteries
A battery
containing liquid electrolyte is prohibited from mailing unless the
battery casing is completely sealed to prevent the liquid corrosive
from spilling during handling. Nonspillable batteries with UN2800 are
prohibited in international mail, but may be sent as domestic mail via
air or surface transportation under the following conditions:
a. The
nonspillable battery must be protected from short circuits, surrounded
with sufficient cushioning material, and securely packaged in a strong
fiberboard box that serves as the outer shipping container.
b. The outer shipping container must be marked “NONSPILLABLE BATTERY, UN2800” on the address side.
c. The
nonspillable battery must be capable of withstanding the vibration and
pressure differential tests cited in 49 CFR 173.159(d)(i) and (ii).
d. Only one nonspillable battery is allowed per mailpiece and the weight of the mailpiece cannot exceed 25 pounds.
10.20 Miscellaneous Hazardous Materials (Hazard Class 9)
10.20.1 Definition
A miscellaneous
hazardous material is a substance or article that presents a hazard
during transportation but does not meet the definition of any other
hazard class. Examples of miscellaneous hazardous materials (not all of
which are mailable) include solid dry ice, elevated temperature
substances, environmentally hazardous substances, life-saving
appliances, and asbestos.
10.20.2 Mailability
A miscellaneous
hazardous material is prohibited in international mail. A miscellaneous
hazardous material that can qualify as an ORM-D material (until January
1, 2015) when intended for ground transportation, or a mailable
air-eligible consumer commodity material when intended for air
transportation, is permitted for domestic mail via air or surface
transportation, subject to the applicable 49 CFR requirements.
10.20.3 Marking
For surface
transportation, the mailpiece must be plainly and durably marked on the
address side with “Surface Only” or “Surface Mail Only” and “ORM-D”
immediately following or below the proper shipping name (or with a DOT
square-on-point marking under 10.8b.). Air transportation packages must
bear the DOT square-on-point marking including the symbol “Y,” an
approved DOT Class 9 hazardous material warning label, Identification
Number “ID8000,” proper shipping name “Consumer Commodity,” and a
shipper’s declaration for dangerous goods.
10.20.4 Dry Ice
Dry ice (carbon
dioxide solid) is prohibited in international mail. Dry ice is
permitted in the domestic mail via air or surface transportation when
used as a refrigerant to cool the contents of a mailpiece. A mailpiece
containing dry ice must be packed in a container that is designed to
permit the release of carbon dioxide gas and prevent a build-up of
pressure that could rupture the parcel. Containers must conform to 49
CFR 173.217 and 175.10(a)(13). Additionally, the following applies:
a. Air
Transportation Requirements. Each mailpiece may not contain more than 5
pounds of dry ice. The address side of each mailpiece must be clearly
marked “Carbon Dioxide Solid, UN1845” or “Dry Ice, UN1845” along with
the net weight of the dry ice and the identity of the contents being
cooled. A shipper’s declaration prepared in triplicate and a DOT Class
9 warning label for miscellaneous hazardous materials must be affixed
to the outside of the mailpiece.
b. Surface
Transportation Requirements. The amount of dry ice per mailpiece may
exceed 5 pounds. The address side of each mailpiece must be
clearly marked “Carbon Dioxide Solid” or “Dry Ice” and “Surface Only”
or “Surface Mail Only” along with the net weight of the dry ice and the
identity of the contents being cooled. A shipper’s declaration and a
DOT Class 9 warning label are not required for the dry ice.
10.20.5 Primary Lithium (Non-Rechargeable) Cells and Batteries
Small
consumer-type primary lithium cells or batteries (lithium metal or
lithium alloy) like those used to power cameras and flashlights are
mailable domestically under the following conditions. There are unique
standards and limits when mailing primary lithium cells or lithium
batteries internationally, or to and from an APO, FPO, or DPO
destinations. See IMM 136 for details.
a. General. The following restrictions apply to the mailability of all primary lithium (nonrechargeable) cells and batteries:
1. Each cell must contain no more than 1.0 gram (g) of lithium content per cell.
2. Each battery must contain no more than 2.0 g aggregate lithium content per battery.
3. Each cell or
battery must meet the requirements of each test in the UN Manual of
Tests and Criteria, Part III, and subsection 38.3 as referenced in
DOT's hazardous materials regulation at 49 CFR 171.7.
4. All outer packages must have a complete delivery and return address.
b. Installed In
Equipment. The following additional restrictions apply to the mailing
of primary cells or batteries properly installed in the equipment they
operate:
1. The batteries installed in the equipment must be protected from damage and short circuit.
2. The equipment must be equipped with an effective means of preventing it from being turned on or activated.
3. The equipment
must be cushioned to prevent movement or damage and be contained in a
strong enough sealed package to prevent crushing of the package or
exposure of the contents during normal handling in the mail.
4. The mailpiece must not exceed 11 pounds.
c. Mailed With
Equipment. The following additional restrictions apply to the mailing
of primary cells or batteries shipped with (but not installed in) the
device or equipment being mailed:
1. The shipment cannot contain more batteries than the number needed to operate the device.
2. The primary lithium cells and batteries must be packaged separately and cushioned to prevent movement or damage.
3. The shipment
must be contained in a strong enough sealed package to prevent crushing
of the package or exposure of the contents during normal handling in
the mail.
4. The outside of the package must be marked on the address side “Package Contains Primary Lithium Batteries.”
5. The mailpiece must not exceed 11 pounds.
d. Mailed
Without Equipment. The following additional restrictions apply to the
mailing of primary cells or batteries without equipment:
1. The primary lithium cells and batteries must be mailed in “the originally sealed packaging”.
2. The sealed packages of batteries must be separated and cushioned to prevent short circuit, movement, or damage.
3. The shipment
must be contained in a strong enough sealed package to prevent crushing
of the package or exposure of the contents during normal handling in
the mail.
4. They may only be sent via surface transportation.
5. The outside
of the package must be marked on the address side “Surface Mail Only,
Primary Lithium Batteries—Forbidden for Transportation Aboard Passenger
Aircraft.”
6. The mailpiece must not exceed 5 pounds.
10.20.6 Secondary Lithium-ion (Rechargeable) Cells and Batteries
Small
consumer-type lithium-ion cells and batteries like those used to power
cell phones and laptop computers are mailable domestically under the
following conditions. There are unique standards and limits when
mailing primary lithium cells or lithium batteries internationally, or
to and from an APO, FPO, or DPO destinations. See IMM 136 for details.
a. General. The
following additional restrictions apply to the mailability of all
secondary (rechargeable) lithium-ion cells and batteries:
1. The lithium content must not exceed 20 Wh (Watt-hour rating) per cell.
2. The total aggregate lithium content must not exceed 100 Wh per battery.
3. Each cell or
battery must meet the requirements of each test in the UN Manual of
Tests and Criteria, Part III, and subsection 38.3 as referenced in DOTs
hazardous materials regulation at 49 CFR 171.7.
4. The mailpiece must not contain more than three batteries.
5. All outer packages must have a complete delivery and return address.
b. Installed In
Equipment. The following additional restrictions apply to the mailing
of secondary cells or batteries properly installed in equipment they
operate:
1. The batteries installed in the equipment must be protected from damage and short circuit.
2. The equipment must be equipped with an effective means of preventing it from being turned on or activated.
3. The equipment
must be cushioned to prevent movement or damage and be contained in a
strong enough sealed package to prevent crushing of the package or
exposure of the contents during normal handling in the mail. The
shipment must be mailed in a strong outer package.
c. Mailed With
Equipment. The following additional restrictions apply to the mailing
of secondary cells or batteries shipped with (but not installed in) the
device or equipment being mailed:
1. The shipment cannot contain more batteries than the number needed to operate the device, up to three batteries.
2. The secondary lithium cells and batteries must be packaged separately and cushioned to prevent movement or damage.
3. The shipment
must be contained in a strong enough sealed package to prevent crushing
of the package or exposure of the contents during normal handling in
the mail.
4. The outside of the package must be marked on the address side “Package Contains Lithium-ion Batteries (no lithium metal).”
d. Mailed
Without Equipment. The following additional restrictions apply to the
mailing of secondary cells or batteries without equipment:
1. The secondary
lithium cells and batteries must be mailed in “the originally sealed
packaging” and no more than three batteries.
2. The sealed packages of batteries must be separated and cushioned to prevent short circuit, movement, or damage.
3. The shipment
must be contained in a strong enough sealed package to prevent crushing
of the package or exposure of the contents during normal handling in
the mail.
4. The outside of the package must be marked on the address side “Package Contains Lithium-ion Batteries (no lithium metal).”
10.20.7 Damaged or Recalled Batteries
Damaged or recalled batteries are prohibited from mailing unless approved by the manager, Product Classification.
10.20.8 Lithium Battery Mailability
To determine the
mailability of primary (nonrechargeable) lithium metal and lithium
alloy batteries, or secondary lithium-ion batteries, see exhibit below.
For detailed information refer to 10.20.5 and 10.20.6 respectively.
Exhibit 10.20.8 Lithium Battery Mailability Chart
Primary Lithium Batteries1,2
Surface Transportation
Air Transportation
Mailpiece Weight Limit
Small non-rechargeable consumer-type batteries
Contained in (properly installed in equipment)
Mailable
Mailable
11 lb.
Packed with equipment but not installed in equipment
Mailable
Mailable
11 lb.
Without the equipment they operate (individual batteries)
Mailable
Prohibited
5 lb.
Each primary cell must not contain more than 1g lithium content.
Each primary battery must not contain more than 2g lithium content.
Secondary Lithium-ion Batteries1,2
Surface Transportation
Air Transportation
Mailpiece Battery Limit
Small rechargeable consumer-type batteries
Contained in (properly installed in equipment)
Mailable
Mailable
No more than 3 batteries
Packed with equipment but not installed in equipment
Mailable
Mailable
No more than 3 batteries
Without the equipment they operate (individual batteries)
Mailable
Mailable
No more than 3 batteries
Each secondary cell must not contain more than 20 Wh (Watt-hour rating) per cell.
Each secondary battery must not exceed 100 Wh per battery.
10.21 Other Regulated Materials—Magnetized Materials
A magnetized
material is not classified within any of the nine hazard classes. Such
material is regulated as a hazardous material only if offered for
carriage on air transportation and when it has a magnetic field
strength capable of causing the deviation of aircraft instruments.
Regulated magnetized materials are mailable subject to the following
limitations:
a. Definition. A
magnetized material is any article that has a magnetic field strength
capable of causing the deviation of aircraft instruments. A magnetized
material is regulated as a hazardous material when it is presented for
air transportation and has a measurable magnetic field strength greater
than 0.00525 gauss at 15 feet. Magnetized materials include magnets and
magnetized devices such as magnetrons and light meters of sufficient
strength to possibly cause erroneous aircraft compass readings. If the
maximum field strength observed at a distance of 7 feet is less than
0.002 gauss or there is no significant compass deflection (less than
0.5 degree), the article is not restricted as a magnetized material.
b. Mailability.
Regulated magnetized material is prohibited in international mail. A
material with a measurable magnetic field strength greater than 0.00525
gauss at 15 feet is prohibited from domestic mail via air
transportation. Mailable materials must be packaged and marked as
specified in Publication 52, Hazardous, Restricted, and Perishable
Mail. Mailable material permitted via air transportation must bear a
shipper’s declaration for dangerous goods. Magnetized material is not
regulated as a hazardous material when transported via surface
transportation.
Back to Top 11.0 Cigarettes and Smokeless Tobacco 11.1 Definitions
For this standard, we define terms as follows:
a. Cigarette:
any roll of tobacco wrapped in paper or in any substance not containing
tobacco and any roll of tobacco wrapped in any substance containing
tobacco which, because of its appearance, the type of tobacco used in
the filler, or its packaging and labeling, is likely to be offered to,
or purchased by, consumers as a cigarette. The term cigarette includes
roll-your-own-tobacco and excludes cigars.
b. Smokeless
tobacco: any finely cut, ground, powdered, or leaf tobacco that is
intended to be placed in the oral or nasal cavity or otherwise consumed
without being combusted.
c. Cigar: any
roll of tobacco wrapped in leaf tobacco or in any substance containing
tobacco, unless, because of its appearance, the type of tobacco used in
the filler, or its packaging and labeling, the product is likely to be
offered to, or purchased by, consumers as a cigarette.
d. Roll-your-own
tobacco: any tobacco which, because of its appearance, type, packaging,
or labeling, is suitable for use and likely to be offered to, or
purchased by, consumers as tobacco for making cigarettes or cigars, or
for use as wrappers thereof.
e. Consumer
testing: testing limited to formal data collection and analysis for the
specific purpose of evaluating the product for quality assurance and
benchmarking purposes of cigarette brands or sub-brands among existing
adult smokers.
f. State: any of
the 50 states of the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United States. 11.2
Nonmailability
Except as
provided in 11.3, all cigarettes (including roll-your-own tobacco) and
smokeless tobacco are nonmailable and shall not be deposited in or
carried through the Postal Service mailstream. Nonmailable cigarettes
and smokeless tobacco deposited in the mail are subject to seizure and
forfeiture. Any nonmailable cigarettes and smokeless tobacco products
seized and forfeited shall be destroyed or retained by the federal
government for the detection or prosecution of crimes or related
investigations and then destroyed. Senders of nonmailable cigarettes
and smokeless tobacco may be subject to seizure and forfeiture of
assets, criminal fines, imprisonment, and civil penalties. The Postal
Service will not accept for delivery or transmit any package that it
knows, or has reasonable cause to
believe,
contains nonmailable cigarettes or smokeless tobacco. If the Postal
Service reasonably suspects that a mailer is tendering nonmailable
cigarettes or smokeless tobacco, then the mailer bears the burden of
proof in establishing eligibility to mail. The Postal Service has
reasonable cause not to accept for delivery or transmit a package based
on:
a. A statement
on a publicly available website, or an advertisement, by any person
that the person will mail matter which is nonmailable under this
section in return for payment; or
b. The fact that
the mailer or other person on whose behalf a mailing is being made is
on the U.S. Attorney General's List of Unregistered or Noncompliant
Delivery Sellers. 11.3 Mailability Exceptions
Cigarettes and
smokeless tobacco are mailable if one of the conditions in 11.4 through
11.8 is met. These exceptions only apply to domestic mail under
608.2.1, including mail sent from the United States to Army Post Office
(APO), Fleet Post Office (FPO), and Diplomatic Post Office (DPO)
addresses to which tobacco is not restricted (see 703.2.3.1), with the
exception that delivery procedures for overseas military mail under the
certain individuals exception in 11.6 may vary as practicable. These
exceptions do not apply to the following:
a. Mail treated as domestic under 608.2.2.
b. International mail as defined in 608.2.3.
c. Mail
presented at APO, FPO, or DPO installations destined to addresses in
the United States. 11.4 Mailing Within Noncontiguous States
Applicable
mailings may not be tendered through Pickup on Demand or Package Pickup
services. Intra-Alaskan and intra-Hawaiian shipments of cigarettes or
smokeless tobacco are mailable, provided that such mailings:
a. Are presented in a face-to-face transaction with a postal employee within the state.
b. Destinate in the same state of origin.
c. Bear a valid complete return address that is within the state of origin.
d. Are marked
with the following exterior marking on the address side of the
mailpiece: “INTRASTATE SHIPMENT OF CIGARETTES OR SMOKELESS TOBACCO.”
11.5 Exception for Business/Regulatory Purposes
Eligibility to
mail and to receive mail under the business/regulatory purposes
exception is limited to federal and state government agencies and
legally operating businesses that have all applicable state and federal
government licenses or permits and are engaged in tobacco product
manufacturing, distribution, wholesale, export, import, testing,
investigation, or research under the conditions in 11.5.1 to 11.5.3.
11.5.1 Application
Each customer
seeking to mail cigarettes or smokeless tobacco under the
business/regulatory purposes exception must complete an application
letter requesting to mail under the business/regulatory purposes
exception.
a. The applicant must furnish:
1. Information about its legal status, any applicable licenses, and authority under which it operates;
2. Information
about the legal status, any applicable licenses, and operational
authority for all entities to which the applicant's mailings under this
exception will be addressed; and
3. All locations where mail containing cigarettes and smokeless tobacco will be presented.
b. The applicant
must establish its and its recipients' eligibility as legally operating
businesses that have all applicable state and federal government
licenses or permits and are engaged in tobacco product manufacturing,
distribution, wholesale, export, import, testing, investigation, or
research; or, in the case of mailings for regulatory purposes, as a
federal or state agency. Only those shipments containing otherwise
nonmailable tobacco addressed to recipients on the customer's list of
designated recipients are eligible for the business/regulatory purposes
exception.
c. Applications
must be mailed to the manager, Pricing & Classification Service
Center (PCSC), see 608.8.4.1 for address. The manager, PCSC, issues the
initial agency decision of a determination of eligibility to mail under
the business/regulatory purposes exception. A number is assigned to
each letter of eligibility.
d. The applicant
must timely update the information in its application as necessary
prior to conducting any mailing for as long as it continues to mail
under the business/regulatory exception.
e. Customers
whose applications or amendments to existing applications are denied in
whole or in part may appeal to the manager, Product Classification (see
608.8.0).
f. Eligibility
to mail under the business/regulatory purposes exception may be revoked
by the manager, PCSC, in the event of failure to comply with any
applicable rules and regulations. A customer may appeal an adverse
initial decision to the manager, Product Classification (see 608.8.0).
Decisions by the manager, Product Classification, to uphold the denial
of an application or to revoke a customer's eligibility under the
business/regulatory purposes exception may be appealed to the Judicial
Officer under 39 C.F.R. Part 953.
g. Upon written
request by a state or federal agency, the manager, PCSC, may, in his or
her discretion, waive certain application requirements for mailings
entered by the requesting state or federal agency for regulatory
purposes.
h. Any
determination of eligibility to mail under this exception shall lapse
if the authorized mailer does not tender any mail under this exception
within any three-year period. After that time, the affected mailer must
apply for and receive new authorization for any mailings under this
exception. 11.5.2 Mailing
Customers
eligible to mail under the business/regulatory purposes exception may
enter mailings of cigarettes and smokeless tobacco only at the
locations specified in the customer's application. Applicable mailings
may not be tendered through Pickup on Demand or Package Pickup
services. Before mailing any shipment under this exception, the mailer
must present proof that the PCSC has authorized the mailer to mail such
shipments at that location. All mailings under the business/regulatory
purposes exception must:
a. Be entered in
a face-to-face transaction with a postal employee (package pickup not
permitted) as Priority Mail Express with Hold for Pickup service,
Priority Mail Express with an Adult Signature service (see 503.8.0), or
Priority Mail with an Adult Signature service;
b. Be
accompanied by a request for PS Form 3811 return receipt, which must
bear the sender's PACT eligibility number issued by the PCSC in the
return address block as well as the addressee's full name and address,
and be made returnable to the PCSC, PACT Mailing Office (see 608.4.1
for address)
c. Bear the
marking “PERMITTED TOBACCO MAILING - DELIVER ONLY TO ADDRESSED
BUSINESS/AGENCY - RECIPIENT MUST FURNISH PROOF OF AGE AND EMPLOYMENT”
on the address side of the mailpiece (place the marking directly above,
below, or to the left of the postage);
d. Bear the
business or government agency name and full mailing addresses of both
the sender and recipient, both of which must match exactly those listed
on the customer's application on file with the Postal Service. 11.5.3
Delivery
Mailings bearing
the marking for business/regulatory purposes can only be delivered to a
verified employee of the addressee business or government agency. The
recipient must show proof that he or she is an employee of the business
or government identified as the addressee on the mailing label under
the following conditions:
a. The recipient
must be an adult of at least the minimum age for the legal sale or
purchase of tobacco products at the place of delivery. The recipient
must furnish proof of age via a driver's license, passport, or other
government-issued photo identification that lists age or date of birth.
b. Once age and
the recipient's identity as an employee of the addressee are
established, the recipient must sign PS Form 3849 and PS Form 3811 in
the appropriate signature blocks. If mailer's eligibility number is
missing in the return address block of the PS Form 3811, the mailing
must be returned to sender. 11.6 Exception for Certain Individuals
The exception
for certain individuals permits the mailing of small quantities of
cigarettes or smokeless tobacco by individual adults to businesses or
to other adults. Such shipments may include, but are not limited to,
cigarettes and smokeless tobacco exchanged as gifts between individual
adults and a damaged or unacceptable tobacco product returned by a
consumer to the manufacturer. For purposes of this rule, “gifts” do not
include products purchased by one individual for another from a
third-party vendor through a mail-order transaction, or the inclusion
of cigarettes or smokeless tobacco at no additional charge with other
matter pursuant to a commercial transaction. Eligibility to mail under
the certain individuals exception may be revoked by the manager, PCSC,
in the event of failure
to comply with
any applicable rules and regulations. A customer may appeal an adverse
initial decision to the manager, Product Classification (see 608.8.0).
The mailer bears the burden of proof in establishing eligibility in the
event of revocation. Decisions by the manager, Product Classification,
to revoke a customer's eligibility under this exception may be appealed
to the Judicial Officer under 39 C.F.R. Part 953. Mailings under this
exception must be made under the conditions in 11.6.1through 11.6.3.
11.6.1 Entry and Acceptance
Mailings under the certain individuals exception must be entered under the following conditions:
a. Cigarettes or
smokeless tobacco may only be mailed via a face-to-face transaction
with a postal employee. Applicable mailings may not be tendered through
Pickup on Demand or Package Pickup services.
b. Cigarettes or
smokeless tobacco may only be entered by an adult of at least the
minimum age for the legal sale or purchase of tobacco products at the
place of entry.
c. The
individual presenting the mailing must furnish government-issued photo
identification that lists age or date of birth, such as a driver's
license or passport, at the time of the mailing. The name on the
identification must match the name of the sender appearing in the
return address block of the mailpiece.
d. For mailings
addressed to an individual, at the time the mailing is presented, the
customer must orally confirm that the addressee is an adult of at least
the minimum age for the legal sale or purchase of tobacco products at
the place of delivery. 11.6.2 Mailing
No customer may
send or cause to be sent more than 10 mailings under this exception in
any 30-day period. Each mailing under the certain individuals exception
must:
a. Be entered
(package pickup not permitted) as Priority Mail Express with Hold For
Pickup service, Priority Mail Express with an Adult Signature service
(see 503.8.0), or Priority Mail with an Adult Signature service; unless
shipped to APO/FPO/DPO addresses under 11.6.4.
b. Bear the
marking “PERMITTED TOBACCO MAILING — DELIVER ONLY TO AGE-VERIFIED ADULT
OF LEGAL AGE” on the address side of the exterior of the mailpiece
(place the marking directly above, below, or to the left of the
postage).
c. Bear the full name and mailing address of the sender and recipient on the Priority Mail Express or Priority Mail label.
d. Weigh no more than 10 ounces. 11.6.3 Delivery
Delivery under the certain individuals exception is made under the following conditions:
a. The recipient
receiving or signing for the article must be an adult of at least the
minimum age for the legal sale or purchase of tobacco products at the
place of delivery.
b. The recipient
must furnish proof of age via a driver's license, passport, or other
government-issued photo identification that lists age or date of birth.
c. For Priority
Mail Express or Adult Signature articles, once age is established, the
recipient must sign PS Form 3849 in the appropriate signature block.
11.6.4 Tobacco Product Shipments to APO/FPO/DPO
Shipments of
cigarettes and smokeless tobacco may not be sent to APO/FPO/DPO
destination addresses to which the mailing of tobacco is restricted
(see 703.2.3.1). To the extent cigarettes or smokeless tobacco are
permitted to be mailed to APO/FPO/DPO destination addresses, such
mailings under the certain individuals exception must comply with all
of the requirements of 11.6, with the exception that mailings may be
entered as either Priority Mail Express Military Service (PMEMS) or
Priority Mail service with USPS Tracking. Regardless of the service
elected, the mailing must bear the full name and mailing address of the
sender and recipient. 11.7 Consumer Testing Exception
The exception
for consumer testing permits a legally operating cigarette manufacturer
or a legally authorized agent of a legally operating cigarette
manufacturer to mail cigarettes to verified adult smokers solely for
consumer testing purposes. The manufacturer for which mailings are
entered under this exception must have a permit, in good standing,
issued under 26 U.S.C. § 5713. The consumer testing exception applies
only to cigarettes and not smokeless tobacco. Items must be mailed
under conditions in 11.7.1through 11.7.3. 11.7.1 Application
Each customer
seeking to mail cigarettes under the consumer testing exception must
submit an application letter to mail under consumer testing exception.
In support of its application, the following must be met:
a. The applicant
must furnish information to establish that the customer, or the
customer's principal if the customer is a manufacturer's agent, is a
cigarette manufacturer in good standing under 26 U.S.C. § 5713; if the
customer is an agent of a manufacturer, complete details about the
agency relationship with the manufacturer; and all locations where mail
containing cigarettes for consumer testing will be presented. The
applicant must timely update all information in its application as
necessary prior to conducting any mailing for as long as it continues
to mail under the consumer testing exception.
b. As part of its application, the applicant must certify in writing that it will comply with the following requirements:
1. Any recipient of consumer testing samples of cigarettes is an adult established smoker;
2. No recipient has made any payment for the cigarettes;
3. Every recipient will sign a statement indicating that the recipient wishes to receive the mailings;
4. The
manufacturer or the legally authorized agent of the manufacturer will
offer the opportunity for any recipient to withdraw the recipient's
written statement at least once in every three-month period;
5. Any package
mailed under this exception will contain not more than 12 packs of
cigarettes (maximum of 240 cigarettes) on which all taxes levied on the
cigarettes by the state and locality of delivery have been paid and all
related state tax stamps or other tax-payment indicia have been
applied; and
6. The
manufacturer will maintain records establishing compliance with these
obligations for a three-year period from the date of each mailing.
c. The
application must be submitted to the manager, Pricing &
Classification Service Center (PCSC) (see 608.4.1for address).
d. The applicant
must provide any requested copies of records establishing compliance to
the manager, PCSC, and/or the manager, Product Classification (see
608.8.0), upon request no later than 10 business days after the date of
the request.
e. The manager,
PCSC, issues the initial agency decision of a determination of
eligibility to mail under the consumer testing exception. A number is
assigned to each letter of eligibility. Customers whose applications
are denied in whole or in part may appeal to the manager, Product
Classification. Eligibility to mail under the consumer testing
exception may be revoked by the manager, PCSC, in the event of failure
to comply with any applicable rules and regulations. Decisions by the
manager, Product Classification, to uphold the denial of an application
or to revoke a customer's eligibility under the consumer testing
exception may be appealed to the Judicial Officer under 39 C.F.R. Part
953.
f. Any
determination of eligibility to mail under this exception shall lapse
if the authorized mailer does not tender any mail under this exception
within any three-year period. After that time, the affected mailer must
apply for and receive new authorization for any further mailings under
this exception. 11.7.2 Mailing
Customers
eligible to mail under the consumer testing exception may enter
mailings of cigarettes only at the locations specified in the
customer's application. Applicable mailings may not be tendered through
Pickup on Demand or Package Pickup services. Mailings must be tendered
under the following conditions:
a. Before
tendering any shipment under this exception, the mailer must present
proof (PCSC Eligibility letter) that the PCSC has authorized the mailer
to tender such shipments at that location.
b. All mailings under the consumer testing exception:
1. Be entered in
a face-to-face transaction with a postal employee (package pickup not
permitted) as Priority Mail Express with Hold For Pickup service,
Priority Mail Express with Adult Signature Restricted Delivery service
(see 503.8.0), or Priority Mail with Adult Signature Restricted
Delivery service;
2. Be
accompanied by a request for PS Form 3811 return receipt, which must
bear the sender's PACT eligibility number issued by the PCSC in the
return address block, as well as the addressee's full name and address,
and be made returnable to PCSC, PACT Mailing Office (see 608.4.1for
address);
3. Must bear the
marking “PERMITTED TOBACCO MAILING — DELIVER ONLY TO ADDRESSEE UPON AGE
VERIFICATION — AGE 21 OR ABOVE” on the address side of the mailpiece
(place the marking directly above, below, or to the left of the
postage);
4. Must bear the
full mailing addresses of both the sender and recipient on the Priority
Mail Express or Priority Mail label (the name and address of the sender
must match exactly those listed on the customer's application on file
with the PCSC);
5. Are limited
in tobacco contents to no more than 12 packs of cigarettes (maximum 240
cigarettes) on which all taxes levied on the cigarettes by the
destination state and locality have been paid and all related state tax
stamps or other tax-payment indicia have been applied;
6. May not be
addressed to an addressee located in a state that prohibits the
delivery or shipment of cigarettes to individuals in the destination
state;
7. May be sent
only to an addressee who has not made any payment for the cigarettes,
is being paid a fee for participation in consumer tests, and has agreed
to evaluate the cigarettes and furnish feedback to the manufacturer in
connection with the consumer test.
c. Customers must maintain records to establish compliance with the requirements in 11.7 for a three year period.
d. Mailing frequency may not exceed more than one package from any one manufacturer to an adult smoker during any 30-day period.
e. Nothing in these rules shall preempt, limit, or otherwise affect any related state laws. 11.7.3 Delivery
Mailings bearing the marking for consumer testing can only be delivered to the named addressee under the following conditions:
a. The recipient
signing for the Priority Mail Express Hold for Pickup service article
must be an adult of at least 21 years of age.
b. The recipient
must furnish proof of age through production of a driver's license,
passport, or other government-issued photo identification that lists
age or date of birth.
c. The name on the identification must match the name of the addressee on the Priority Mail Express or Priority Mail label.
d. Once age is
established, the recipient must sign the PS Form 3849 and PS Form 3811
in the appropriate signature blocks. If mailer's eligibility number is
missing in the return address block of the PS Form 3811 return receipt,
the mailing must be returned to sender. 11.8 Public Health Exception
Federal
government agencies involved in the consumer testing of tobacco
products solely for public health purposes may mail cigarettes under
the mailing standards of 11.7, except as provided herein. The federal
agency shall not be subject to the requirement that the recipient be
paid a fee for participation in consumer tests. Upon written request,
the manager, PCSC, may, in his or her discretion, waive certain of the
application requirements.
Back to Top 12.0 Other Restricted and Nonmailable Matter
12.1 Firearms
12.1.1 Definitions
The terms used in this standard are defined as follows:
a. Firearm means
any device, including a starter gun, which will, or is designed to, or
may readily be converted to, expel a projectile by the action of an
explosive; the frame or receiver of any such weapon; any firearm
muffler or firearm silencer; or any destructive device; but the term
shall not include antique firearms (except antique firearms described
under 12.1.1c and 12.1.1d).
b. Firearm frame
or receiver is the part of a firearm which provides housing for the
hammer, bolt or breechblock, and firing mechanism, and which is usually
threaded at its forward portion to receive the barrel.
c. Handgun
(including pistols and revolvers) means any firearm which has a short
stock and is designed to be held and fired by the use of a single hand
and subject to 12.1.1a, or a combination of parts from which a handgun
can be assembled.
d. Other
firearms capable of being concealed on the person include, but are not
limited to, short-barreled shotguns and short-barreled rifles.
e.
Short-barreled shotgun means a shotgun that has one or more barrels
less than 18 inches long. The term short-barreled rifle means a rifle
that has one or more barrels that are less than 16 inches long. These
definitions include any weapon made from a shotgun or rifle, whether by
alteration, modification, or otherwise, if such weapon as modified has
an overall length of less than 26 inches. A short-barreled shotgun or
rifle of greater dimension may be regarded as nonmailable when it has
characteristics to allow concealment on the person.
f. Federal
Firearms Licensee (FFL) manufacturer, dealer, or importer of firearms
means a manufacturer, dealer, or importer duly licensed by the Bureau
of Alcohol, Tobacco, Firearms and Explosives (ATF) under Chapter 44,
Title 18, United States Code (U.S.C.).
g. Curio and
relic collector means an individual licensed by ATF to transfer or
receive only those firearms defined as curios or relics by ATF under
Title 27, Code of Federal Regulations (CFR), section 478.11.
h. Antique
firearm means any muzzle loading rifle/shotgun/pistol, which is
designed to use black powder or a black powder substitute, and which
cannot use fixed ammunition (except those that incorporate a firearm
frame or receiver, any firearm which is converted into a muzzle loading
weapon, or any muzzle loading weapon which can be readily converted to
fire fixed ammunition by replacing the barrel, bolt, breechblock, or
any combination thereof); or any firearm (including those with a
matchlock, flintlock, percussion cap, or similar type of ignition
system) manufactured on or before 1898, or any replica thereof, if such
replica:
1. Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
2. Uses rimfire
or conventional centerfire fixed ammunition that is no longer
manufactured in the United States and that is not readily available in
the ordinary channels of commercial trade.
i. Air gun means a gun that fires a projectile by means of compressed air or other gas (including paintball and pellet guns).
12.1.2 Handguns
Handguns and
other firearms capable of being concealed on the person are nonmailable
unless mailed between the parties listed in 12.1.3 and 12.1.5 after the
filing of an affidavit or statement required by 12.1.4 and 12.1.6, and
are subject to the following:
a. Firearms
meeting the definition of a handgun under 12.1.1b, and the definition
of curios or relics under 27 CFR 478.11 may be mailed between curio and
relic collectors only when those firearms also meet the definition of
an antique firearm under 12.1.1h.
b. Firearms
meeting the definition of a handgun under 12.1.1b which are certified
by the curator of a municipal, state, or federal museum which exhibits
firearms to be curios or relics of museum interest may be accepted for
mailing without regard to 12.1.3 through 12.1.6.
c. Air guns that
do not fall within the definition of firearm under 12.1.1a that are
capable of being concealed on a person are mailable; but must include
adult signature service under 503.8.0. Mailers must comply with all
applicable state and local regulations.
d. Parts of
handguns are mailable, except for handgun frames, receivers or other
parts or components regulated under Chapter 44, Title 18, U.S.C.
e. Mailers are also subject to applicable restrictions by governments of a state, territory, or district.
12.1.3 Authorized Persons
Subject to
12.1.4, handguns may be mailed by a licensed manufacturer of firearms,
a licensed dealer of firearms, a licensed importer of firearms, or an
authorized agent of the federal government or the government of a
state, territory, or district, only when addressed to a person in one
of the following categories for use in the person's official duties:
a. Officers of the Army, Coast Guard, Air Force, Navy, Marine Corps, or Organized Reserve Corps.
b. Officers of the National Guard or militia of a state, territory, or district.
c. Officers of
the United States or of a state, territory, or district, whose official
duty is to serve warrants of arrest or commitment.
d. USPS employees authorized by the Chief Postal Inspector.
e. Officers and employees of enforcement agencies of the United States.
f. Watchmen engaged in guarding the property of the United States, a state, territory, or district.
g. Purchasing
agent or other designated member of agencies employing officers and
employees included in 12.1.3c. through 12.1.3e.
12.1.4 Affidavit of Addressee
Any person
proposing to mail a handgun under 12.1.3 must file with the postmaster,
at the time of mailing, an affidavit signed by the addressee setting
forth that the addressee is qualified to receive the firearm under a
particular category of 12.1.3a through 12.1.3g, and that the firearm is
intended for the addressee’s official use. The affidavit must also bear
a certificate stating that the firearm is for the official duty use of
the addressee, signed by one of the following, as appropriate:
a. For officers of Armed Forces, by the commanding officer.
b. For officers
and employees of enforcement agencies, by the head of the agency
employing the addressee to perform the official duty with which the
firearm is to be used.
c. For watchmen,
by the chief clerk of the department, bureau, or independent branch of
the government of the United States, the state, the territory, or the
district by which the watchman is employed.
d. For the
purchasing agent or other designated member of enforcement agencies, by
the head of such agency, that the firearm is to be used by an officer
or employee included in 12.1.3c through 12.1.3e.
12.1.5 Manufacturers, Dealers, and Importers
Handguns may
also be mailed between licensed manufacturers of firearms, licensed
dealers of firearms, and licensed importers of firearms in customary
trade shipments, or for repairing or replacing parts.
12.1.6 Certificate of Manufacturers, Dealers, and Importers
A federal
firearms licensee manufacturer, dealer or importer need not file the
affidavit under 12.1.4, but must file with the postmaster a statement
on Form 1508 signed by the mailer that he or she is a licensed
manufacturer, dealer or importer of firearms. The mailer must also
state that the parcels containing handguns, or parts and components of
handguns under 12.1.2d, are being mailed in customary trade shipments
or contain such articles for repairing or replacing parts, and that to
the best of their knowledge the addressees are licensed manufacturers,
dealers or importers of firearms.
12.1.7 Federal and Other Law Enforcement Agencies
Handguns may be mailed without regard to 12.1.3 through 12.1.6 if the item is:
a. Addressed to
a scientific laboratory or crime detection bureau of any federal, state
or local law enforcement agency whose members are authorized to serve
warrants of arrest or commitment.
b. Sent by an
authorized agent of the federal government as an official shipment to
any qualified addressee in 12.1.3, or to a licensed manufacturer,
dealer, or importer of firearms, or to a federal agency.
12.2 Rifles and Shotguns
Except under
12.1.1d and 12.1.2, unloaded rifles and shotguns are mailable. Mailers
must comply with the rules and regulations under 27 CFR, Part 478, as
well as state and local laws. The mailer may be required by the USPS to
establish, by opening the parcel or by written certification, that the
rifle or shotgun is unloaded and not ineligible for mailing under
12.1.1d. The following conditions also apply:
a. Subject to
state, territory, or district regulations, rifles and shotguns may be
mailed without restriction when sent within the same state of mailing.
These items must bear a “Return Service Requested” endorsement, and
must be sent by Priority Mail Express (“signature required” must be
used at delivery), Registered Mail, or must include either insured mail
service (for more than $200) requiring a signature at delivery or
Signature Confirmation service.
b. A shotgun or
rifle owned by a non-FFL may be mailed outside the owner's state of
residence by the owner to himself or herself, in care of another person
in the state, where he or she intends to hunt or engage in any other
lawful activity. These mailpieces must:
1. Be addressed to the owner.
2. Include the “in the care of” endorsement immediately preceding the name of the applicable temporary custodian.
3. Be opened by the rifle or shotgun owner only.
4. Be mailed using services described in 12.2a..
c. Rifles and
shotguns may be mailed by a non-FFL owner domestically to a FFL dealer,
manufacturer, or importer in any state. USPS recommends these items be
mailed using those services described in 12.2a..
d. Except as
described in 12.1.2a, licensed curio and relic collectors may mail
firearms meeting the definition of curios or relics under 27 CFR 478.11
domestically to FFL licensed curio and relic collectors in any state.
USPS recommends these items be mailed using those services described in
12.2a..
e. Firearms
which are certified by the curator of a municipal, state, or federal
museum which exhibits firearms to be curios or relics of museum
interest may be accepted for mailing without restriction.
f. Air guns that
do not fall within the definition of firearm under 12.1.1a are
mailable. A shipment containing an air gun with a muzzle velocity of
400 or more feet per second (fps) must include an Adult Signature
service under 503.8.0. Mailers must additionally comply with all
applicable state and local regulations.
12.3 Legal Opinions on Mailing Firearms
Postmasters are
not authorized to give opinions on the legality of any shipment of
firearms. Further advice and ATF contact information is available at
http://www.atf.gov/firearms/faq/.
12.4 Replica or Inert Explosive Devices
Replica or inert
explosive devices that bear a realistic appearance to explosive devices
such as simulated grenades, but that are not dangerous, are permitted
in the mail when all of the following conditions are met:
a. The package is presented by the mailer at a retail counter.
b. Registered
Mail service is used. (Registered Mail service is only available for
items mailed as either First-Class Mail or Priority Mail.)
c. The address
side of the package is labeled with “REPLICA EXPLOSIVE” using at least
20 point type or letters at least 1/4-inch high.
12.5 Knives and Sharp Instruments
12.5.1 Mailability
Knives
(including sharp-pointed instruments such as stilettos that lack
cutting edges) with a blade that opens automatically by hand pressure
applied to a button or other device in the handle, or by operations of
inertia, gravity, or both, or with a detachable blade propelled by a
spring-operated mechanism, are mailable only when sent to:
a. The
respective government’s or organization’s designated supply or
procurement officers and employees ordering, procuring, or buying such
knives for use with the activities of the federal government; the
National Guard, the Air National Guard, or the militia of a state,
territory, or the District of Columbia; or the municipal government of
the District of Columbia or of the government of any state or
territory, or of any county, city, or other political subdivision of a
state or territory.
b. Manufacturers
of such knives, or bona fide dealers of such knives, in connection with
a shipment made under an order from any person designated in 12.5.1a.
12.5.2 Addressee Identification
Before
delivering a shipment (or parcel) that contains an article or articles
described in 12.5.1, a USPS employee may require that the recipient
identify himself or herself as in one of the categories in 12.5.1a.
12.5.3 Wrapping
Sharp-pointed or
sharp-edged instruments such as knives, tools, ice picks, and razor
blades, that are otherwise mailable, must be wrapped to protect their
points and edges from cutting through the outer carton in which they
are mailed.
12.6 Prohibited Parcel Marking
For any parcel
containing a firearm or a ballistic or switchblade knife, any marking
that indicates the contents is not permitted on the outside wrapper or
container.
12.7 Intoxicating Liquor
A potable
beverage is nonmailable if it is of 0.5% or more alcoholic content by
weight, which is taxable under Chapter 51, Internal Revenue Service
Code. The product may be mailed if it conforms to applicable
requirements of the Internal Revenue Service and Food and Drug
Administration and is not an alcoholic beverage, poisonous, or
flammable.
12.8 Matter Emitting Obnoxious Odor
Any matter that is a source of an obnoxious odor is nonmailable.
12.9 Liquids and Powders
12.9.1 Liquids and Semisolids
Liquids and
semisolids that may liquefy under normal conditions and are otherwise
mailable must be adequately prepared for mailing under 1.0 through 8.0.
12.9.2 Powders
Powders that, if
allowed to escape from their containers, could cause damage,
discomfort, destruction, or soiling, must either be packed in siftproof
containers or in other containers sealed in durable siftproof outer
containers.
12.9.3 Cremated Remains
[1-26-14] Human
and animal ashes (cremated remains) are permitted to be mailed provided
they are in a strong and durable container and packaged as required in
9.2. The identity of the contents should be marked (Label 139, is
preferred) on the address side next to the shipping label. Mailpieces
sent to domestic addresses must be sent using Priority Mail Express
service.
12.10 Motor Vehicle Master Keys and Locksmithing Devices
12.
10.1 Motor Vehicle Master Key—Definition
A motor vehicle
master key is any key (other than the key furnished by the manufacturer
with the motor vehicle, or the key furnished with a replacement lock,
or an exact duplicate of such keys) designed to operate two or more
motor vehicle ignition, door, or trunk locks of different combinations,
including any pattern, impression, or mold from which such a master key
can be made (18 USC 1716A; 39 USC 3002).
12. 10.2 Nonmailable
Any motor
vehicle master key, as defined in 12.10.1, and any advertisement for
the sale of such item, are nonmailable, unless sent to any of the
following:
a. Lock manufacturer.
b. Professional locksmith.
c. Motor vehicle manufacturer or dealer.
d. Federal, state, or local government agency.
12.10.3 Marking
Any marking
identifying the contents is not permitted on the outside wrapper or
container of any parcel containing motor vehicle master keys.
12.10.4 Locksmithing Device—Definition
A locksmithing device is:
a. A device or
tool (other than a key) designed to manipulate the tumblers in a lock
into the unlocked position through the keyway of such lock.
b. A device or
tool (other than a key or a device or tool under 12.10.4a) designed for
bypassing a lock or similar security device, or for opening it by a
method normally not used by consumers to open such locks or security
devices.
c. A device or tool designed for making an impression of a key or similar security device to duplicate such key or device.
12.10.5 Nonmailable
Any locksmithing device, as defined in 12.10.4, is nonmailable, unless sent to any of the following:
a. Lock manufacturer or distributor.
b. Bona fide locksmith.
c. Bona fide repossessor.
d. Motor vehicle manufacturer or dealer.
e. Bona fide automotive repair shops or businesses.
12.11 Drugs 12.11.1 Over-the-Counter Drugs
Over-the-counter
drugs are medicines that can be obtained without a prescription.
Over-the-counter drugs may be mailed when all applicable federal,
state, and local laws, such as the Poison Prevention Packaging Act of
1970 and the Consumer Product Safety Commission requirements, are
followed.
12.11.2 Prescription Drugs
Prescription
drugs are licensed medicines that require a written order by a medical
doctor or pharmacist before they can be obtained. Prescription drugs,
including those that contain controlled substances, may be mailed by
drug manufacturers or their registered agents, pharmacies, or other
authorized dispensers as permitted by 21 CFR 1307.12 or in compliance
with any regulation of the Food and Drug Administration or other
applicable law.
12.11.3 Controlled Substances
Controlled
substances are any anabolic steroid, narcotic, hallucinogenic,
stimulant, or depressant drug in Schedules I through V of the
Controlled Substances Act, 21 USC 801 and 21 CFR 1300. Controlled
Substances may be mailed by drug manufacturers or their agents,
pharmacies, or other authorized dispensers when distribution is lawful
under 21 USC 801 and 21 CFR 1300 and if the mailer or the addressee
meets one of the following conditions:
a. The mailer or the addressee is registered with the Drug Enforcement Administration (DEA).
b. The mailer or
the addressee is exempt from DEA registration in performing official
duties such as military, civil defense, and law enforcement personnel.
12.11.4 Packaging and Markings
Securely package
all mailable drugs so that the contents cannot become damaged or
dislodged during mailing. Follow the general packaging instructions in
601.1.0 through 601.8.0. Do not identify the nature of the contents on
the outside of the mailpiece.
12.11.5 Return of Prescription Drugs
Mailers may use
merchandise return service to return prescription drugs for purposes of
drug recalls; voluntary manufacturer withdrawals; and dispensing errors
such as incorrect drug, dosage, or strength, as permitted by 21 CFR
1307.12 or other applicable law. The mailpiece must be addressed to the
manufacturer or its registered agent. Manufacturers or their registered
agents must furnish mailing containers to their customers for the
purpose of mailing back the identified drugs. Manufacturers or their
registered agents must use merchandise return service (see 505.3.0)
with First-Class Mail or Priority Mail for these mailpieces.
Manufacturers or their agents continue to be responsible for
maintaining records in compliance with any regulation of the Drug
Enforcement Administration and/or the
Food and Drug Administration.
12.11.6 Mailing Standards
If distribution
of a controlled substance is lawful under 21 USC 801, et seq., and any
implementing regulation in 21 CFR 1300, et seq., the USPS considers
such distribution by mail to constitute the mailing of matter not
outwardly or of its own force dangerous or injurious to a person's life
or health and accordingly mailable, subject to these standards:
a. The inner
container of any package containing controlled substances is marked and
sealed under the applicable provisions of the Controlled Substances Act
(21 USC 801, et seq., and any implementing regulation in 21 CFR 1300,
et seq.) and placed in a plain outer mailing container or securely
overwrapped in plain paper.
b. If the
mailing includes prescription drugs containing controlled substances,
the inner container is also labeled to show the prescription number and
the name and address of the pharmacy, practitioner, or other person
dispensing the prescription.
c. The outer mailing wrapper or container is free of markings that indicate the nature of the content.
12.12 Drug Paraphernalia 12.12.1 Definition and Examples
It is unlawful
to use domestic or international mail to transport drug paraphernalia.
The term drug paraphernalia refers to any equipment, product, or
material of any kind primarily intended or designed for use in
manufacturing, compounding, converting, concealing, producing,
processing, preparing, injecting, ingesting, inhaling, or otherwise
introducing into the human body a controlled substance, possession of
which is unlawful under the Controlled Substances Act. Examples of drug
paraphernalia are items primarily intended or designed for use in
ingesting, inhaling, or otherwise introducing marijuana, cocaine,
hashish, hashish oil, PCP, or amphetamines into the human body, such as
metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or
without screens, permanent screens,
hashish heads,
or punctured metal bowls; water pipes, chamber pipes, carburetor pipes,
electric pipes, ice pipes or chillers, and air-driven pipes;
carburetion tubes and devices; smoking and carburetion masks; roach
clips (i.e., objects used to hold burning material that is too small or
short to be held in the hand); miniature spoons with level capacities
of 1/10 cubic centimeter or less; chillums; bongs; wired cigarette
papers; and cocaine freebase kits.
12.12.2 Determination
In determining
whether an item constitutes drug paraphernalia, in addition to all
other logically relevant factors, these factors may be considered:
a. Oral or written instructions or other descriptive materials provided with the item that explain or depict its use.
b. National and local advertising on its use.
c. The manner in which the item is displayed for sale.
d. Whether the
owner, or anyone in control of the item, is a legitimate supplier of
like or related items to the community, such as a licensed distributor
or dealer of tobacco products.
e. Direct or circumstantial evidence of the ratio of sales of the items to the total sales of the business enterprise.
f. The existence and scope of legitimate uses of the item in the community.
g. Expert testimony on its use.
12.12.3 Exceptions
The standards in
12.12.1 and 12.12.2 apply neither to any person authorized by local,
state, or federal law to manufacture, possess, or distribute items
described in 12.12.1 and 12.12.2; nor to any item that, in the normal
lawful course of business, is sold through the mail and traditionally
intended for use with tobacco products, including any pipe, paper, or
accessory.
12.13 Household Substance
A household
substance (39 USC 3001(f)), i.e., any matter unsolicited by the
addressee, that contains a substance as defined by section 2 of the
Poison Prevention Packaging Act of 1970 (15 USC 1471(2)), is permitted
in the mail only if it complies with the requirements for special
child-resistant packaging established for that substance by the
Consumer Product Safety Commission (16 CFR 1700).
12.14 Pesticide
A pesticide (18
USC 1716), i.e., any matter that contains a pesticide as defined by
section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7
USC 136(u)), is permitted in the mail only if it complies with
child-resistant packaging standards established by the Environmental
Protection Agency applicable to that particular matter (40 CFR 157) and
meets the applicable standards in 10.0.
12.15 Fragrance Advertising Sample
A fragrance
advertising sample (39 USC 3001(g)), i.e., any matter normally
acceptable in the mail but containing a fragrance advertising sample,
is permitted in the mail only if it is sealed, wrapped, treated, or
otherwise prepared in a manner reasonably designed to prevent
individuals from being unknowingly or involuntarily exposed to the
sample. A sample meets this requirement if it uses paper stocks with a
maximum porosity of 20 Sheffield units or 172 Gurley-Hill units treated
exclusively with microencapsulated oils, and if the sample is produced
so that it cannot be activated except by opening a glued flap or binder
or by removing an overlying ply of paper.
12.16 Compliance Certificate
A mailer who
presents matter that is generally permitted in the mail under 12.13,
12.14, and 12.15 but for compliance with the specified packaging and
preparation requirements may submit an accompanying written statement
certifying that the matter is packaged or prepared under the applicable
federal laws and postal standards. The certifying statement may be made
on the mailer's letterhead, on a postage statement, or as a notice on
the exterior of each item presented for mailing.
12.17 Battery-Powered Devices
Cells or
batteries properly installed in equipment must be protected from damage
and short circuit, and equipment or devices containing cells or
batteries must
include an effective means of preventing accidental activation. A
battery with liquid electrolyte is not permitted in the mail unless it
is a nonspillable type battery that meets the standards in 10.0.
12.18 Abortive and Contraceptive Devices 12.18.1 Abortion Devices
Any article or thing designed, adapted, or intended for producing abortion is not permitted in the mail (18 USC 1461).
12.18.2 Contraceptives
Unsolicited
samples of an article or thing designed, adapted, or intended for
preventing conception is permitted in the mail only when sent to a
manufacturer or a dealer of such an article or things, to a licensed
physician or surgeon, or to a nurse, pharmacist, druggist, hospital, or
clinic (39 USC 3001; 18 USC 1461).
12.19 Building Construction Material
Building
construction material is not permitted in the mail if the acceptance
and processing is likely to harm or injure USPS employees, mail, or
equipment. Factors considered include but are not limited to whether
the material may pose potential storage problems at the postal
facilities that may process the material; whether the volume of
material may impede the flow of mail in USPS transportation or mail
distribution systems; whether the volume of material may lead to
security problems; and whether processing the material may create
safety hazards for USPS employees.
12.20 Prohibition on Sharp Instruments Intended for Use in an Animal Fighting Venture
The interstate
or international mailing of a knife, a gaff, or any other sharp
instrument attached, or designed or intended to be attached, to the leg
of a bird for use in an animal fighting venture (as defined in section
9.3.1b) is prohibited (7 U.S.C. 2156). Violators can be subject to the
criminal penalties in 18 U.S.C. 49. See 9.3.1 for the prohibition on
mailing animals intended for use in an animal fighting venture and
13.5.7 for the restrictions on mailing written, printed, or graphic
matter related to animal fighting ventures.
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