Under 39 U.S.C. § 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 an item is prohibited by the U.S. Department of Agriculture (USDA) Plant Protection Act issued under 7 U.S.C. § 7701. The USDA imposes such quarantines on specific plants to prevent the introduction of agricultural diseases or pests into the United States and to prevent their spread from one part of the United States to another.
Refer to Publication 14, Prohibitions and Restrictions on Mailing Plants, Animals, and Related Matter for more information about quarantines.
USDA quarantine notices, issued under 7 U.S.C. § 7701, are published in the Federal Register and codified in the Code of Federal Regulations Title 7 Sections 301 and 318 (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 (refer to 564 for contact information).
There are domestic quarantines that apply to the continental United States; other quarantines that apply to Hawaii, Puerto Rico, and the U.S. Virgin Islands; and others that apply to other territories and possessions.
Plant quarantines cover a great variety of plant diseases and pests, and all areas of the country. For more specific information, consult Publication 14, Prohibitions and Restrictions on Mailing Animals, Plants, and Related Matter.
Plants under quarantine by the USDA may be moved from the quarantine area only after being inspected under conditions prescribed in the quarantine notice or in other USDA regulations, issued under 7 U.S.C. § 7701, and after a permit or certificate is issued. Refer to the Administrative Support Manual (ASM) 274.9 regarding USDA inspection of mail.
Any plant or plant matter prohibited under the Act of August 20, 1912
(37 Stat. 315, Chapter 308; 7 U.S.C. § 151 et seq.), commonly known as the Plant Protection Act, is made nonmailable by 39 U.S.C. § 3015.
Criminal penalties of fine and imprisonment are incurred for knowingly mailing or causing the delivery of nonmailable items under:
- 18 U.S.C. § 1716B: Applies to violations of 39 U.S.C. § 3014(b) and implementing regulations under 39 U.S.C. § 3014(c).
- 18 U.S.C. § 1716D: Applies to violations of 39 U.S.C. § 3015(c).
Similar criminal penalties of fine and imprisonment are provided by 18 U.S.C. § 1716C as follows:
- Forgery: Forging or counterfeiting any certification authorized by USDA regulations with intent to make such certification appear genuine.
- Use of Possession: Knowingly using, selling, or possessing a forged or counterfeited certification or any device intended for imprinting a forged or counterfeited certification.
