is nonmailable.
is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless such matter bears on its face, in conspicuous and legible type in contrast by typography, layout, or color with other printing on its face, in accordance with regulations which the Postal Service shall prescribe-
An advertisement shall not be deemed to be unsolicited for the purposes of this paragraph if it is contained in a publication for which the addressee has paid or promised to pay a consideration or which he has otherwise indicated he desires to receive.
1 See References in Text note below.
2 So in original. Probably should be "paragraph".
39 U.S.C. § 3001
EDITORIAL NOTES
REFERENCES IN TEXTSection 1738 of title 18, referred to in subsec. (a), was repealed by Pub. L. 106-578, §4, Dec. 28, 2000, 114 Stat. 3076.Section 26 of the Animal Welfare Act, referred to in subsec. (a), is section 26 of Pub. L. 89-544 which is classified to section 2156 of Title 7, Agriculture. Section 2 of the Poison Prevention Packaging Act of 1970, referred to in subsec. (f), is classified to section 1471 of Title 15, Commerce and Trade.
CODIFICATION Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to Pub. L. 89-544 included in the credit of this section. The amendment by Pub. L. 110-234 was repealed by section 4(a) of Pub. L. 110-246.
AMENDMENTS2010-Subsec. (h). Pub. L. 111-155, §2(a)(2)-(5), designated existing provisions as par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1), redesignated subpars. (A) to (C) of former par. (2) as cls. (i) to (iii), respectively, of par. (1)(B), and added par. (2). Pub. L. 111-155, §2(a)(1), inserted "; or which bears the term 'census' on the envelope or outside cover or wrapper" after "such matter by the Federal Government" in introductory provisions.Subsec. (h)(1). Pub. L. 111-170, §1(a)(1), inserted "; or on which the term 'census' is visible through the envelope or outside cover or wrapper" after "or which bears the term 'census' on the envelope or outside cover or wrapper" in introductory provisions.Subsec. (h)(2). Pub. L. 111-170, §1(a)(2), inserted "or matter on which the term 'census' is visible through the envelope or outside cover or wrapper" after "In the case of matter bearing the term 'census' on the envelope or outside cover or wrapper". Subsec. (i). Pub. L. 111-155, §2(b)(2)-(5), designated existing provisions as par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1), redesignated subpars. (A) to (C) of former par. (2) as cls. (i) to (iii), respectively, of par. (1)(B), and added par. (2). Pub. L. 111-155, §2(b)(1), inserted "; or which bears the term 'census' on the envelope or outside cover or wrapper" after "such matter by the Federal Government" in introductory provisions. Subsec. (i)(1). Pub. L. 111-170, §1(b)(1), inserted "; or on which the term 'census' is visible through the envelope or outside cover or wrapper" after "or which bears the term 'census' on the envelope or outside cover or wrapper".Subsec. (i)(2). Pub. L. 111-170, §1(b)(2), inserted "or matter on which the term 'census' is visible through the envelope or outside cover or wrapper" after "In the case of matter bearing the term 'census' on the envelope or outside cover or wrapper".2008- Pub. L. 110-246, §14207(a)(8), renumbered Pub. L. 89-544, §26(h)(2), as §26(i)(2). See 1976 Amendment note below. 2006-Subsecs. (n), (o). Pub. L. 109-435 added subsec. (n) and redesignated former subsec. (n) as (o). 1999-Subsec. (a). Pub. L. 106-168, §110(a), struck out "1714," after "1463," and "1718," after "1717,".Subsec. (h). Pub. L. 106-168, §102(1)(A), in introductory provisions, substituted "which reasonably could be interpreted or construed as implying any Federal Government connection, approval, or endorsement through the use of a seal, insignia, reference to the Postmaster General, citation to a Federal statute, name of a Federal agency, department, commission, or program, trade or brand name, or any other term or symbol; or contains any reference to the Postmaster General or a citation to a Federal statute that misrepresents either the identity of the mailer or the protection or status afforded such matter by the Federal Government" for "contains a seal, insignia, trade or brand name, or any other term or symbol that reasonably could be interpreted or construed as implying any Federal Government connection, approval or endorsement". Subsec. (h)(2)(C). Pub. L. 106-168, §102(1)(B), added subpar. (C).Subsec. (i). Pub. L. 106-168, §102(2)(A), in introductory provisions, substituted "which reasonably could be interpreted or construed as implying any Federal Government connection, approval, or endorsement through the use of a seal, insignia, reference to the Postmaster General, citation to a Federal statute, name of a Federal agency, department, commission, or program, trade or brand name, or any other term or symbol; or contains any reference to the Postmaster General or a citation to a Federal statute that misrepresents either the identity of the mailer or the protection or status afforded such matter by the Federal Government" for "contains a seal, insignia, trade or brand name, or any other term or symbol that reasonably could be interpreted or construed as implying any Federal Government connection, approval or endorsement".Subsec. (i)(2)(C). Pub. L. 106-168, §102(2)(B), added subpar. (C).Subsec. (j). Pub. L. 106-168, §102(3), (4), added subsec. (j). Former subsec. (j) redesignated (m).Subsec. (k). Pub. L. 106-168, §§102(3), 103, added subsec. (k). Former subsec. (k) redesignated (n).Subsec. (l). Pub. L. 106-168, §103, added subsec. (l).Subsecs. (m), (n). Pub. L. 106-168, §102(3), redesignated subsecs. (j) and (k) as (m) and (n), respectively. 1991-Subsecs. (i) to (k). Pub. L. 102-71 redesignated subsec. (i), relating to conduct of proceedings concerning mailability of certain matter, as (j), and former subsec. (j), relating to jurisdiction of district courts, as (k).1990-Subsec. (f). Pub. L. 101-524 added subsec. (f). Former subsec. (f) redesignated (i). Pub. L. 101-493 added subsec. (f). Former subsec. (f), as added by Pub. L. 101-524 redesignated (h).Subsec. (g). Pub. L. 101-524 added subsec. (g). Former subsec. (g) redesignated (j). Pub. L. 101-493 added subsec. (g). Former subsec. (g), as added by Pub. L. 101-524 redesignated (i).Subsec. (h). Pub. L. 101-493 redesignated subsec. (f), as added by Pub. L. 101-524 as (h).Subsec. (i). Pub. L. 101-524 redesignated subsec. (f) as (i). Pub. L. 101-493 redesignated subsec. (g), as added by Pub. L. 101-524 as (i).Subsec. (j). Pub. L. 101-524 redesignated subsec. (g) as (j).1982-Subsec. (a). Pub. L. 97-398 substituted ", 1718, or 1738" for "or 1718". 1976-Subsec. (a). Pub. L. 89-544, §26(i)(2), formerly §26(h)(2), as added Pub. L. 94-279, §17, and renumbered §26(i)(2) by Pub. L. 110-246, §14207(a)(8), inserted ", or section 26 of the Animal Welfare Act" after "title 18". 1971-Subsecs. (e), (f). Pub. L. 91-662, §6(1)(A), (B), added subsec. (e) and redesignated former subsec. (e) as (f). Section 5(a) of Pub. L. 91-662 inserted a similar provision to section 4001 of former Title 39, The Postal Service, pending the effective date of this section. Said amendment to section 4001 has not been executed in view of the passage of Title 39, Postal Service, as enacted by the Postal Reorganization Act. Subsec. (g). Pub. L. 92-191 added subsec. (g).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115-334 effective on the date that is one year after Dec. 20, 2018, see section 12616(e) of Pub. L. 115-334 set out as a note under section 2156 of Title 7, Agriculture.
EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110-234 by Pub. L. 110-246 effective May 22, 2008, the date of enactment of Pub. L. 110-234 see section 4 of Pub. L. 110-246 set out as an Effective Date note under section 8701 of Title 7, Agriculture.
EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106-168, title I, §111, Dec. 12, 1999, 113 Stat. 1817, provided that: "Except as provided in section 108 or 110(b) [enacting section 3017 of this title, amending section 3013 of this title, and enacting provisions set out as notes under sections 3013 and 3017 of this title], this title [see Short Title of 1999 Amendment note below] shall take effect 120 days after the date of the enactment of this Act [Dec. 12, 1999]."
EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101-524, §6, Nov. 6, 1990, 104 Stat. 2304, provided that: "The provisions of this Act [enacting section 413 of this title, amending this section and section 3005 of this title, and enacting provisions set out as notes below] shall take effect on the date of the enactment of this Act [Nov. 6, 1990], except the amendments made by section 2 [amending this section and section 3005 of this title] shall apply to matter deposited for mailing and delivery on or after 180 days after the date of the enactment of this Act." Pub. L. 101-493, §3, Oct. 31, 1990, 104 Stat. 1184, provided that: "The amendments made by this Act [amending this section] shall take effect 180 days after the date of enactment of this Act [Oct. 31, 1990], and shall apply with respect to any matter mailed on or after that effective date."
EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92-191 effective at beginning of third calendar month following Dec. 15, 1971, or on the date that this section becomes effective pursuant to section 15(a) of Pub. L. 91-375 which is set out as and Effective Date note preceding section 101 of this title, whichever is later, see section 3 of Pub. L. 92-191 set out as a note under section 1716 of Title 18, Crimes and Criminal Procedure.Pub. L. 91-662, §6, Jan. 8, 1971, 84 Stat. 1974, provided that the amendment made by that section is effective on the date that the Board of Governors of the United States Postal Service establishes as the effective date for section 3001 of title 39 of the United States Code, as enacted by the Postal Reorganization Act.
EFFECTIVE DATESection effective July 1, 1971, pursuant to Resolution No. 71-9 of the Board of Governors. See section 15(a) of Pub. L. 91-375 set out as a note preceding section 101 of this title.
SHORT TITLE OF 1999 AMENDMENT Pub. L. 106-168, title I, §101, Dec. 12, 1999, 113 Stat. 1806, provided that: "This title [enacting sections 3016 and 3017 of this title, amending this section and sections 3005, 3007, 3011, 3012, and 3013 of this title, repealing section 3006 of this title, and enacting provisions set out as notes under this section and sections 3013, 3016, and 3017 of this title] may be cited as the 'Deceptive Mail Prevention and Enforcement Act'."
SHORT TITLE OF 1990 AMENDMENTS Pub. L. 101-524, §1, Nov. 6, 1990, 104 Stat. 2301, provided that: "This Act [enacting section 413 of this title, amending this section and section 3005 of this title, and enacting provisions set out as notes under this section] may be cited as the 'Deceptive Mailings Prevention Act of 1990'." Pub. L. 101-493, §1, Oct. 31, 1990, 104 Stat. 1184, provided that: "This Act [amending this section and enacting provisions set out above] may be cited as the 'Drug and Household Substance Mailing Act of 1990'."
SHORT TITLE OF 1983 AMENDMENTPub. L. 98-186, §1, Nov. 30, 1983, 97 Stat. 1315, provided: "That this Act [enacting sections 3012 and 3013 of this title, amending section 3005 of this title, and enacting provisions set out as notes under sections 3005 and 3012 of this title] may be cited as the 'Mail Order Consumer Protection Amendments of 1983'."
STATE LAW NOT PREEMPTED Pub. L. 106-168, title I, §109, Dec. 12, 1999, 113 Stat. 1816, provided that:"(a) IN GENERAL.-Nothing in the provisions of this title [see Short Title of 1999 Amendment note above] (including the amendments made by this title) or in the regulations promulgated under such provisions shall be construed to preempt any provision of State or local law that imposes more restrictive requirements, regulations, damages, costs, or penalties. No determination by the Postal Service that any particular piece of mail or class of mail is in compliance with such provisions of this title shall be construed to preempt any provision of State or local law."(b) EFFECT ON STATE COURT PROCEEDINGS.-Nothing contained in this section shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State or any specific civil or criminal statute of such State."
COORDINATION OF FUNCTIONS WITH DEPARTMENT OF HEALTH AND HUMAN SERVICES Pub. L. 101-524, §4, Nov. 6, 1990, 104 Stat. 2303, provided that: "The United States Postal Service shall consult and coordinate the functions and administration of the provisions of this Act and the amendments made by this Act [see Short Title of 1990 Amendments note above] with the Secretary of the Department of Health and Human Services and the functions of the Secretary in the administration of section 428 of the Medicare Catastrophic Coverage Act of 1988 (42 U.S.C. 1320b-10) [Pub. L. 100-360 which enacted section 1320b-10 of Title 42, The Public Health and Welfare, amended section 1395ss of Title 42, and enacted provisions set out as a note under section 1320b-10 of Title 42]."
NOTICE WITH RESPECT TO OBSCENE MATTER DISTRIBUTED BY MAIL AND DETENTION THEREOFPub. L. 87-793, §307, Oct. 11, 1962, 76 Stat. 841, provided that: "In order to alert the recipients of mail and the general public to the fact that large quantities of obscene, lewd, lascivious, and indecent matter are being introduced into this country from abroad and disseminated in the United States by means of the United States mails, the Postmaster General shall publicize such fact (1) by appropriate notices posted in post offices, and (2) by notifying recipients of mail, whenever he deems it appropriate in order to carry out the purposes of this section, that the United States mails may contain such obscene, lewd, lascivious, or indecent matter. Any person may file a written request with his local post office to detain obscene, lewd, lascivious, or indecent matter addressed to him, and the Postmaster General shall detain and dispose of such matter for such period as the request is in effect. The Postmaster General shall permit the return of mail containing obscene, lewd, lascivious, or indecent matter, to local post offices, without cost to the recipient thereof. Nothing in this section shall be deemed to authorize the Postmaster General to open, inspect, or censor any mail except on specific request by the addressee thereof. The Postmaster General is authorized to prescribe such regulations as he may deem appropriate to carry out the purposes of this section."
- Governors
- "Governors" means the 9 members of the Board of Governors appointed by the President, by and with the advice and consent of the Senate, under section 202(a) of this title;
- Postal Service
- "Postal Service" means the United States Postal Service established by section 201 of this title;
- product
- "product" means a postal service with a distinct cost or market characteristic for which a rate or rates are, or may reasonably be, applied;