The following are nonmailable:
- Any shipment of covered products described in 473.1.
- Shipments of covered products that are not described in 473.1 and do not qualify for an exception under 473.2 through 473.6.
- Shipments of covered products not described in 473.1 and would generally qualify for an exception under 473.2 through 473.6, but fail to meet one or more conditions for the applicable exception. For example, a recipient may fail to be verified as being of at least the required minimum age (refer to 473.35(a), 473.45(a), and 473.55(a)), or a Return Receipt may be absent or lack the mailer‘s eligibility number (refer to 473.33(b) and 473.53(c)).
The Postal Service will not accept, forward, or deliver packages it
knows, or reasonably believes, to contain nonmailable covered products. If the Postal Service reasonably suspects a mailer is tendering nonmailable covered products, the mailer bears the burden of proof in establishing eligibility to mail.
Nonmailable covered products deposited in the mail are subject to seizure and forfeiture. Seized and forfeited nonmailable covered products will be destroyed or retained by the federal government for crime detection, prosecution, or related investigations, and then destroyed.
Nonmailable covered products not seized and forfeited will be handled in accordance with 216 and 414.
Persons involved in the shipment or attempted shipment of nonmailable covered products may be subject to seizure and forfeiture of assets (18 USC § 3061(a)(5), 18 USC § 981, 18 USC § 982, 18 USC § 1963, 21 USC § 881, 21 USC § 853, 21 USC § 863, 39 CFR § 233.7), criminal fines and imprisonment (18 USC § 1716), and civil penalties (39 USC § 3018, 39 CFR § 233.12(f)).
Among any other potentially relevant circumstances, the Postal Service has reasonable cause to suspect the presence of covered products based on:
- Publicly available statements or advertisements indicating that a person will mail nonmailable matter in return for payment.
- The mailer or person on whose behalf the mailing is being made is on the U.S. Attorney General‘s List of Unregistered or Noncompliant Delivery Sellers.
- Any other characteristics of a package or label, individually or in combination with other packages or labels, that reasonably indicate the likely presence of covered products.
Shipments permitted under 473 remain subject to all other applicable federal, state, and local laws and regulations. For example, ENDS that consist of or contain one or more of the following may be subject to prohibitions, restrictions, or additional requirements stated elsewhere in this publication:
- Controlled substances (including cannabis and cannabis derivatives).
- Drug paraphernalia.
- Lithium batteries.
- Liquids.
- Any toxic or flammable substance (e.g., nicotine, diacetyl propanol, and other components of ENDS liquids).
Mailers, recipients, and applicants are solely responsible for complying with all Postal Service regulations and other federal, state, and local laws when mailing covered products.
Mailers, recipients, and applicants must retain records to establish compliance with the requirements in 473 for a 6-year period and must make such records available to the Postal Service upon request.
