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 that are 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 (see 473.35a, 473.45a, and 473.55a), or a Return Receipt may be absent or lack the mailer’s eligibility number (see 473.33b and 473.53c).
The Postal Service will not accept, forward, or deliver any package that it knows, or has reasonable cause to believe, contains nonmailable covered products. If the Postal Service reasonably suspects that a mailer is tendering nonmailable covered products, then 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. Any nonmailable covered products seized and forfeited will be destroyed or retained by the federal government for the detection or prosecution of crimes or related investigations, and then destroyed.
Any 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, criminal fines, imprisonment, and civil penalties.
Among any other potentially relevant circumstances, the Postal Service has reasonable cause to suspect the presence of covered products based on:
- 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;
- 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; or
- 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 are 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.
- Any toxic or flammable substance (e.g., nicotine, diacetyl [butane–2,3–dione], propanol, and other components of ENDS liquids).
Mailers, recipients, and applicants are solely responsible for complying with all applicable Postal Service regulations and other federal, state, and local laws when mailing covered products.
Mailers, recipients, and applicants must maintain 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.