123.55 Marking of Envelope. Section 3010(a) authorizes and directs the Postal Service to provide a mark or notice which must be placed on the envelope or cover of any sexually oriented advertisement sent through the mail, together with the name and address of the sender. The following provisions are in implementation of this authority and direction: a. Any person who mails or causes to be mailed any sexually oriented advertisement must place in the upper left-hand corner of the exterior face of the mailpiece, whereon appear the address designation and postmarks, postage stamps, or indicia thereof, the sender's name and address. In the right-hand portion below the postage stamp, or indicia thereof, and above the addressee designation, there must be placed "Sexually Oriented Ad." The words "Sexually Oriented Ad," however, need not be placed on the exterior envelope or cover of a mailpiece containing such an advertisement, if the contents of the mailpiece are enclosed in a sealed envelope or cover, inside the exterior envelope or cover, which sealed envelope or cover bears conspicuously the words "Sexually Oriented Ad." b. The name and address of the sender and the required legend, if it is placed on the exterior face of the mailpiece, must be printed in a type size no smaller than that used for any other word on the envelope or other cover, and in no event smaller than 12-point type. Such type must be no less conspicuous than the boldest type used to print other words on the exterior face of the mailpiece. c. The contrast between the background and printing of the sender's name and address and the contrast between the background and the printing of the prescribed notice must be no less than the contrast between the background and printing of any other words on the envelope or other wrapper. d. A clear space no less than 1/4 inch wide must surround the sender's name and address and the prescribed notice, separating each from any other matter appearing on the same envelope or cover. 123.56 Violations 123.561 The following is a partial list of conduct which may violate 39 USC 3010 or 18 USC 1735: a. The mailing of a sexually oriented advertisement in an envelope or other wrapper which does not bear the name and address of the sender and the legend "Sexually Oriented Ad," as provided in 123.55. b. The mailing directly or indirectly of a sexually oriented advertisement to a person whose name and address have been on the list for more than 30 days. c. The sale, loan, lease, or licensing of the use of the list or a copy thereof in whole or in part. d. The use of the list or a copy of it in whole or in part for any other purpose than to ensure that no mailings of sexually oriented advertisements are made to persons on the list. 123.562 No person who mails sexually oriented advertisements only to persons who have specifically requested to receive the same is deemed to have violated the statute or regulations, provided he is otherwise in compliance with the law, regardless of whether he has purchased and used the U.S. Postal Service list. 123.563 A person who wishes to report that he has received an unsolicited sexually oriented advertisement after his name and address have been on the list for more than 30 days should submit the entire mailpiece, including the envelope or other wrapper, to any postmaster. The mailpiece must have been opened by the addressee. When submitting the mailpiece, the addressee must endorse the envelope or other wrapper and also the contents thereof in substance as follows: "I received this mailpiece on (date)," and sign the statement. He should also state the identifying number appearing on his application if it is known to him (see 123.521). The postmaster of the installation to which the mailpiece is submitted must send it without delay to the regional chief inspector who has geographical jurisdiction over the address of the mailer. 123.564 If a violation of 123.54 comes to the attention of any postal officer or employee, he must, through his postmaster, report such violation to the postal inspector whose territory includes his postal installation. Mail of a mailer in violation or apparent violation of section 3010 may not be refused for dispatch or delivery without a proper court order. Appropriate instructions to postmasters must be issued in the event that a court order is obtained. 123.565 A customer who wishes to ascertain whether his name has been placed on the list should direct his inquiry to the director, Office of Classification and Rates Administration (see Address List). 123.57 Disposal of Application for Listing. The information on the original Form 2201 is put into a computer data bank and retained for 5 years following the effective date of the list (see 123.524) on which the applicant's name first appears as a result of that application. The application must be destroyed after the information is entered into the data bank. 123.6 Pandering Advertisements 123.61 Application for Prohibitory Orders (39 USC 3008) 123.611 An addressee who receives by mail an advertisement, whether solicited by him or not, offering for sale matter which he determines, in his sole discretion, is "erotically arousing or sexually provocative," may obtain a prohibitory order directing the mailer of the advertisement to refrain from making further mailings to him. Form 2150 is available for requesting such orders. The use of this form is not mandatory, provided the information it solicits is present in a signed written statement. 123.612 An addressee who is the parent of one or more children under 19 years of age residing with him may request an order in behalf of any or all such children. Where the parent of any such child determines that matter offered for sale in an advertisement addressed to the child is "erotically arousing or sexually provocative," he may request issuance of an order prohibiting further mailings to such child. 123.613 If at the time he applies for issuance of a prohibitory order the addressee is receiving mail at more than one address, he may request that the order apply to any or all such addresses. 123.614 A person entitled to receive mail addressed to a deceased person is regarded as the addressee of such mail for purposes of obtaining a prohibitory order in the name of the deceased. 123.615 A person authorized to receive mail addressed to a job title (e.g., sales manager) of any business, Government agency, or institution, is regarded as the addressee of such mail for purposes of obtaining a prohibitory order covering such job title. 123.616 Any person having apparent authority to act for a business, governmental, or institutional addressee is regarded as the addressee of such organization's mail for purposes of obtaining a prohibitory order in the name of such organization. 123.617 The application for prohibitory order may be submitted at any post office and must be accompanied by the advertisement upon which the application is based, and its opened envelope or other cover or wrapper. The field division general manager/postmaster serving the applicant's address (see Publication 65, National Five-Digit ZIP Code and Post Office Directory) is responsible for granting or denying the application. Applications submitted to other than the appropriate division must be forwarded promptly to the appropriate division for processing. Notice 241, Administering the Pandering Advertisements Statute, provides guidance to assist divisions in such processing. 123.62 Denial of Application. A prohibitory order is not issued when the application is based upon one or more of the following: a. The request of one whom the Postal Service finds does not qualify under any of the foregoing paragraphs of this section. b. A mailpiece which the Postal Service finds does not offer matter for sale. c. A mailpiece not originating with the person against whom the order is sought (e.g., a newspaper or magazine not mailed by the advertiser therein upon whose advertisement the application is based). d. A mailpiece received by a foreign addressee who has no regular mailing address at which mail is delivered directly by the Postal Service. e. A mailpiece sent by a mailer not subject to the jurisdiction of the United States. f. A basis in any other way insufficient under the statute. 123.63 Issuance of Orders. The prohibitory order forbids the mailer, his agents, or assigns from making any further mailings to the designated addressees, effective on the 30th calendar day after the mailer's receipt of the order; directs immediate deletion of such addressees from all mailing lists owned or controlled by the mailer, his agents, or assigns; and prohibits any sale, rental, exchange, or other transaction by the mailer, his agents, or assigns, involving mailing lists bearing the names of the designated addressees. 123.64 Availability of Remedies. The fact that a name and address is included on the Postal Service list of those desiring not to receive any sexually oriented advertisements through the mail (see 123.5) does not in any way limit or affect the authority of the Postal Service to issue a prohibitory order protecting such name and address. Likewise, issuance of a prohibitory order does not in any way limit or affect the authority of the Postal Service to list, in accordance with 123.5, the name and address protected by such prohibitory order. 123.65 Violations. A person protected by a prohibitory order who receives a mailpiece apparently in violation of such order should open the envelope or other outside cover of such mailpiece and write thereon the identifying number of the prohibitory order (if known) and a statement indicating his receipt by mail and the date of receipt; e.g., "I received this mailpiece (date)," followed by his signature. The mailpiece should then be submitted directly, or via a post office, to the division which issued the order. Such submission constitutes an application for enforcement of the order. When the Postal Service finds, after appropriate administrative proceedings as described in Notice 241 and Title 39, Code of Federal Regulations, Part 963, that enforcement action is warranted, it requests the Department of Justice to seek a court order directing compliance with the prohibitory order. 123.66 Abandonment of Application. An applicant for a prohibitory order or its enforcement is deemed to have abandoned his application if he fails to comply, within 60 days, with any request by the Postal Service to supplement, correct, or complete his application. Abandoned applications need not be retained by the Postal Service. 123.67 Void Orders. A prohibitory order is considered void upon expiration of 5 years from the date of issuance, except that, when application for enforcement of a prohibitory order has been made, it is not considered void until expiration of 5 years from the last application for enforcement. Postal Service files relating to such void orders may be disposed of, provided a record is maintained of the disposal of each such file and the reason therefor. 123.68 Modified Orders 123.681 An addressee protected by a prohibitory order who has a permanent change of mailing address may continue the protection provided by the order by notifying the mailer of his change of address and his desire to have the order honored with respect to the new address. The notification should be in writing and should be forwarded to the mailer by certified mail, return receipt requested. The notification should state that the addressee previously obtained a prohibitory order, and should identify the order by giving the prohibitory order number. It should also state the address covered by the order, that the addressee has had a permanent change of address, and the new address which the addressee wishes covered. 123.682 To permit enforcement with respect to any violation of the order at the new address, a copy of the notification and return receipt must be submitted to the division which issued the order. Such written notification must modify the order by substituting the new address for the address designated in the original or previously modified order. An order thus modified takes effect in the same manner as the original order. 123.69 Ratified Orders. Orders issued in behalf of persons who had not attained 19 years of age are not enforced with respect to mailings received by such persons after they attain the age of 19, unless they ratify the order by giving written notice to the division which issued the order that they wish to have the order continue in effect as to themselves. Such notice should include the prohibitory order number. 124 Nonmailable Matter--Articles and Substances; Special Mailing Rules 124.1 General Provisions 124.11 Scope. 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. However, there are a number of specific statutory exceptions to this rule which allow particular mailings of otherwise nonmailable matter under specified conditions. Specific 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. In addition, the statutes provide that the Postal Service may, by regulation, permit the mailing, under prescribed conditions of preparation and packing, of potentially harmful matter which is not "outwardly or of (its) own force dangerous or injurious to life, health, or property." This part summarizes the statutory prohibitions and exceptions. Publication 52, Acceptance of Hazardous, Restricted or Perishable Matter, repeats the statutory prohibitions and exceptions and sets forth the conditions of preparation and packing under which the Postal Service accepts for mailing many types of potentially harmful matter which otherwise are nonmailable. (See 123 for rules relating to nonmailable written, printed, or graphic matter.) 124.12 Rules and Procedures 124.121 Mailer's Responsibility. The mailer is responsible for compliance with applicable postal laws and regulations governing mailability and preparation for mailing, as well as nonpostal laws and regulations pertaining to the shipment of particular matters. The general requirements applicable to preparation, packaging, and packing of mailable matter are contained in 121. 124.122 Dangerous Materials Notices. Postmasters and other managers of postal facilities must prominently display in post office lobbies, acceptance areas, and at self-service postal centers a notice containing the following language: "MAILING EXTREMELY DANGEROUS MATERIALS, AND POTENTIALLY DANGEROUS MATERIALS WHICH ARE IMPROPERLY PREPARED, IS PROHIBITED BY LAW. YOU MUST ENSURE THAT YOUR MAILINGS COMPLY WITH THE LAW. ASK ABOUT POSTAL REQUIREMENTS BEFORE YOU DEPOSIT ANY QUESTIONABLE MATERIALS INTO THE MAIL." 124.123 Procedure for Acceptance Clerks a. If the content of an article presented for mailing is described by the mailer or otherwise revealed to be nonmailable, the acceptance clerk must refuse to accept the article and must explain the reasons to the mailer. (Reference Publication 52, Acceptance of Hazardous, Restricted or Perishable Matter, and the International Mail Manual (IMM).) b. Acceptance clerks must be on the alert for substances which are nonmailable as packaged and, where such substances are identified, must advise the customer of the particular preparation and packaging requirements which must be satisfied before such substances are acceptable for mailing (reference Publication 52 and IMM). If the customer fails to demonstrate that the matter is mailable as packaged, the employee must refuse to accept the article and must explain the reasons to the mailer. 124.124 General Advice to Mailers. When a postal customer seeks advice as to whether, or under what conditions, particular matter may be mailed, or where it appears likely that a customer is to mail dangerous matter (as described in 124), the customer's attention must be called to the relevant provisions of 124 and any official guides to mailing such articles issued by the Postal Service, such as Publication 52. Technical questions concerning the proper preparation or packaging of matter may be referred to the appropriate rates and classification center, where necessary. The scope of a postmaster's authority to decide whether particular matter is nonmailable under 124 and to exclude such matter from the mail in accordance with that decision is determined by 124.126. Mail may not be opened, detained, delayed, or inspected except in accordance with 115. 124.125 Other Laws and Regulations a. 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. See, for example, 49 CFR Parts 100 through 177 (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. Postmasters must not give advisory opinions with respect to whether the mailing of particular articles and substances (see 124) would violate or comply with nonpostal laws and regulations which are administered by agencies other than the Postal Service but, where the existence of such laws or regulations is known to postmasters, they should refer the customer to the appropriate Government agency for any available information. For example, postal customers with questions about the interstate shipment of rifles or shotguns should be referred to the nearest regional administrator of the Bureau of Alcohol, Tobacco, and Firearms or to the Director, Bureau of Alcohol, Tobacco, and Firearms (for address, see Address List in Appendices). b. Title 18 USC, Chapter 119, 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 Chapter 119, particularly section 2512. This statute makes it a crime, except as otherwise specifically provided in Chapter 119, 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. Customers who may need advice on the applicability of this prohibition to their contemplated mailing activities should consult private legal counsel. 124.126 Authorized Mailability Decisions. Postmasters may decide whether articles and substances other than written, printed, or graphic matter are nonmailable and must, where appropriate, refuse to accept for mailing such matter determined to be nonmailable. Where necessary, the rates and classification center should be consulted in determining mailability. If the mailer desires review of the postmaster's decision, the postmaster must, with the mailer's consent, refer a sample and, in any event, send a complete statement of the facts to the general manager, rates and classification center. After the general manager's decision is rendered, further appeal may be made by the mailer in accordance with 39 CFR 953, Rules of Practice in Proceedings Relative to Mailability. Postmasters are authorized and directed to take any steps reasonable and necessary to protect Postal Service personnel and equipment from the effects of potentially dangerous or injurious materials or substances found in the mail (see Administrative Support Manual, 221.3). 124.127 Referral to the Inspection Service. Matter within the following categories, when found in the mail, should temporarily be withheld from dispatch or delivery, and the Inspection Service should immediately be advised. Such matters should thereafter be disposed of in accordance with instructions promptly furnished by the Inspection Service. These categories of matter are: nonmailable firearms and switchblade knives (see 124.5); controlled substances (see 124.364); motor vehicle master keys and locksmithing devices (see 124.45); alcohol (see 124.42); and explosive, incendiary, or hazardous materials or devices which may present an immediate threat to persons or property (see 124.14). This provision does not authorize the opening or inspection of any mail. 124.128 Referral to Rates and Classification Center. All matter found in the mail and believed to be nonmailable under 124, except matter described in 124.127, must not be withheld from dispatch or delivery, but a report fully describing such mailing should be referred to the general manager, rates and classification center. 124.129 Administrative Appeals. A mailer aggrieved by any mailability decision by the general manager, rates and classification center, may file a written notice of appeal with the Recorder, Judicial Officer Department, U.S. Postal Service, 475 L'Enfant Plaza SW, Washington DC 20260-6100, together with a copy or description of the determination or ruling in question. The rules of procedure for the determination of such appeals are contained in 39 CFR Part 953, Rules of Practice in Proceedings Relative to Mailability. 124.13 Applicability to Military Postal System. This part 124 applies to the military postal system, its employees, and undelivered mail which is or has been in the official custody of that system and its employees. References in this part 124 to the Inspection Service refer to the Postal Inspection Service and its authorized personnel, not to military investigative services. 124.14 Injurious Articles 124.141 General. Except as provided herein, any article, composition, or material which may kill or injure another, or injure the mail or other property, is nonmailable. Harmful matter includes, but is not limited to the following: a. All kinds of poisons, including controlled substances. b. All poisonous animals, except scorpions (see 124.63d), all poisonous insects, all poisonous reptiles, and all kinds 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 which may ignite or explode. 124.142 Harmful Matter. Harmful matter also includes that which is likely to destroy, deface, or otherwise damage mail or postal equipment, or which is likely to harm postal employees, such as caustic poisons (acids and alkalies), oxidizers, or highly flammable liquids, gases, or solids; or which is likely under conditions incident to transportation to cause fires through friction, through absorption of moisture, through spontaneous chemical changes, or as a result of retained heat from manufacturing or processing; explosives or containers previously used by shipping high explosives having a liquid ingredient (such as dynamite); ammunition; fireworks; radioactive materials; matches; or articles emitting obnoxious odors. (For advertisements for the mailing of harmful matter generally, see 123.441.) 124.2 Markings 124.21 Identification of Contents. The identity or nature of contents of anything mailed under any of the provisions of 124, except firearms and switchblade knives (see 124.5), controlled substances (see 124.364), radioactive material (see 124.37), and motor vehicle master keys and locksmithing devices (see 124.45), must be stated plainly on the outside of the parcel as a condition of mailing. When the contents are hazardous material subject to Title 49 CFR, each package must be clearly marked on the outside, with the required shipping name as set forth in 49 CFR 172.101. When applicable, such packages must also have a description of the hazardous material on the shipping papers, as set forth in 49 CFR 172. CFR 49, parts 100 to 177, may be obtained from the Superintendent of Documents, U.S. Government Printing Office (for address, see Address List in Appendices). 124.22 Address Marking. The name and address of both the mailer and the addressee must be affixed to the outside of any package, the mailing of which is covered by 124, using a material or method which is not water-soluble and which cannot be easily rubbed off or smeared. 124.23 Labels. Except for controlled substances mailed under 124.364, labels or other markings required by Federal law or regulation of any Federal agency must be securely affixed to the outside of the package. Because of the limited quantities and preparation of hazardous materials acceptable by the Postal Service, there is no general requirement for hazardous materials warning labels. Most hazardous matter acceptable by the Postal Service, except etiologic agents, magnetized material, and matches under certain conditions, falls within the Other Regulated Materials (ORM) regulations of CFR 49, subpart J, which does not require these labels. 124.24 Shipment by Aircraft Certification. Parcels of hazardous articles mailable under 124, which are to be transported by aircraft, must be accompanied by a shipper's declaration for dangerous goods prepared in accordance with Department of Transportation Regulations (49 CFR 172.204), completed and signed in triplicate by the mailer. 124.3 Hazardous Matter 124.31 Chemicals. The great variety of chemical compositions precludes the listing of each such item which may or may not be mailed. The acceptability of chemicals for mailing generally depends upon container fluid/vapor capacities, the ability of the complete package to contain the product, and the method of absorbing and containing the product in case of accidental leakage of the primary container. To permit mailability determinations on specific products, the following information is required: a. Name of material. b. Chemical composition by percentage of ingredient. c. Flashpoint. d. Toxic properties. e. Irritant action to eyes and skin. f. Special precautions necessary to permit handling to avoid harm to postal personnel or property or other mail matter. g. Explanation of warning labels required by state or Federal regulations. h. Proposed method of packaging. 124.32 Explosives. All explosives are nonmailable, except for toy propellant devices and some safety fuses in the domestic surface mail, upon specific approval of the appropriate rates and classification center. 124.33 Flammable Materials 124.331 Flammable Liquids a. Flammable liquids and semiliquids with a flashpoint of 20 degrees F (-6.7 degrees C) (closed-cup) or below are nonmailable. If the flashpoint is above 20 degrees F and (-6.7 degrees C) up to 73 degrees F (23 degrees C) (closed cup), the item may be accepted in the domestic surface mail. b. Flammable liquids must be in metal containers not over 1-quart capacity or in other containers not over 1-pint capacity, each packed in a strong outside container. Packages must be plainly and durably marked on at least one side with the proper shipping name of the flammable liquid. Flammable liquids are not acceptable for air transportation or international mail. c. Flammable liquids with a flashpoint at or above 73 degrees F (23 degrees C), but less than 100 degrees F (37.8 degrees C) are acceptable for domestic surface transportation only, subject to the 1-gallon restriction described in 124.332c. 124.332 Combustible Liquids a. Combustible liquids with a flashpoint at or above 100 degrees F (37.8 degrees C) but no higher than 141 degrees F (60.5 degrees C) (closed-cup), may also be accepted for domestic surface transportation, subject to the 1-gallon quantity restrictions described in 124.332b and 124.332c. b. Combustible liquids with a flashpoint above 141 degrees F (60.5 degrees C) up to and including 200 degrees F (93.3 degrees C) (closed-cup) may be accepted for domestic surface or air transportation, subject to the quantity restrictions described below. There are no restrictions for liquids with a flashpoint above 200 degrees F (93.3 degrees C) (closed-cup). c. Containers of combustible or flammable liquids described in this section must not exceed 1 gallon, and each must be packed in a strong outside container. For domestic air transportation, each outside container must have sufficient absorbent cushioning within to absorb all leakage. The cushioning material and primary container must be enclosed within another sealed container within the outside container, and the flashpoint must be listed on the outside of the parcel. Combustible liquids are not acceptable in international mail. 124.333 Flammable Solids. A flammable solid is any solid material, other than one classed as an explosive, which, under conditions normally incident to transportation, is liable to cause fires through friction, retained heat from manufacturing or processing, or which can be ignited readily and, when ignited, burns so vigorously and persistently as to create a serious transportation hazard. To be acceptable in the domestic surface mail, flammable solids must be enclosed within inside containers; each having a net weight of contents of 1 pound or less, and be packed in strong outside containers, having a net weight of 25 pounds or less. Packages must be plainly and durably marked on at least one side or end with the proper shipping name of the flammable solid. Flammable solids are not acceptable for air transportation or international mail. 124.334 Oxidizers. An oxidizer is a substance such as a chlorate, permanganate, inorganic peroxide, or a nitrate, which yields oxygen readily to stimulate the combustion of organic matter. Oxidizers must be enclosed within inside containers having a rated capacity of 1 pint or less for liquids or a net weight of 1 pound or less for solids and be packed in strong outside containers, having a net weight of 25 pounds or less. Packages must be plainly and durably marked on at least one side or end with the proper shipping name of the oxidizer. When specifically permitted in domestic air transportation (see 124.13), packages of oxidizers must also be accompanied by a shipper's declaration for dangerous goods, along with the designation "ORM-D AIR." Oxidizers are not acceptable in international mail. 124.335 Matches a. Strike-anywhere matches may not be mailed. b. Safety matches (book, card, or strike-on-box) are mailable domestically only when they meet the following conditions: (1) They do not ignite spontaneously when subjected for 8 consecutive hours to a temperature of 220 degrees F (93.3 degrees C). (2) They do not ignite spontaneously under conditions normally incident to transportation. (3) They can be readily ignited by friction only by striking on their own box, or similar box, card, or book. (4) Each parcel containing matches weighs not more than 50 pounds gross weight. (5) They are packed tightly to prevent movement within the container and to prevent ignition by rubbing against adjoining boxes, books, or cards. (6) They may be packed in the same outside container with nonflammable articles if they are packed in outside fiberboard or wooden boxes and compactly packed in tightly closed inside containers or securely wrapped so as to prevent accidental ignition. (7) When packed with nonflammable articles, shipments must be marked, "Book Matches," "Strike-on-Card Matches," or "Card Matches." (8) If they are not packed with other articles, no marking, labeling, or certification is required. (9) For air transportation, a label, "Shipper's Declaration for Dangerous Goods," is also required. c. All matches are prohibited in international mail. 124.34 Corrosives 124.341 General. A corrosive material is a liquid or solid which causes visible destruction or irreversible alterations in human skin tissue at the site of contact or a liquid which has a severe corrosion rate on steel. Corrosives are not acceptable for mailing, except as specified herein for Consumer Commodity, ORM-D material. Packages must be plainly and durably marked on at least one side with the proper shipping name of the corrosive. A shipper's declaration for dangerous goods is required for air transportation, along with the designation "ORM-D AIR." Corrosives are not acceptable in international mail. 124.342 Corrosive Liquids. To be acceptable, liquid mixtures 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 liquid. Corrosive liquid mixtures are limited to 1 pint or less. Containers must be compatible glass bottles enclosed within metal or plastic containers, each packed within an outside container. 124.343 Corrosive Solids. To be acceptable, the solid mixture 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. Corrosive solid mixtures are limited to a net weight of 10 pounds or less in inside containers. These containers must be compatible siftproof containers, packed in strong outside siftproof containers, not to exceed 25 pounds. 124.35 Compressed Gases 124.351 General. These items are generally considered mailable, if the requirements of Title 49 CFR for Consumer Commodity, ORM-D material are met. 124.352 Definitions. Compressed gas is any material or mixture within a container having (a) an absolute pressure exceeding 40 psi at 70 degree F; (b) an absolute pressure exceeding 104 psi at 130 degrees F regardless of the pressure at 70 degrees F; or (c) any flammable liquid having an absolute vapor pressure exceeding 40 psi at 100 degrees F. Flammable compressed gas is any material defined above which (a) forms a flammable vapor at a 13% mixture with air; (b) projects flame more than 18 inches beyond the ignition source with the valve opened fully, or which flashes back and burns at the valve with any degree of valve opening; or (c) significantly propagates flame away from the ignition source when subjected to Bureau of Explosives test. 124.353 Containers. Containers of compressed gases made of other than metal may be accepted, if the water capacity of the containers is 4 fluid ounces (7.22 cubic inches) or less. Both nonflammable and flammable compressed gases are acceptable in containers having a water capacity up to 27.7 fluid ounces (50 cubic inches) per inside metal container, depending on their internal pressure. A Department of Transportation (DOT) 2P container must be used if the internal pressure is from 140 psi to 160 psi at 130 degrees F (55 degrees C) and a DOT 2Q container must be used if the pressure is from 160 psi to 180 psi at 130 degrees F (55 degrees C). Internal pressures over 180 psi are not acceptable. (See Publication 52 for detailed guidance on pressures and contents.) As a general rule, flammable compressed gases are restricted to 27.7 fluid ounces per parcel and are only acceptable in the domestic surface mail. Nonflammable compressed gases are acceptable in individual 27.7 fluid-ounce containers up to the weight limits of the Postal Service. Compressed gases are not acceptable in international mail. 124.354 Marking. Packages must be marked on at least one side or end with the proper shipping name of the nonflammable or flammable gas. A shippers' declaration for dangerous goods is also required for air transportation of nonflammable compressed gas, along with the designation "ORM-D AIR." 124.36 Poisons, Controlled Substances, and Drug Paraphernalia 124.361 Poisons a. For the purposes of these regulations, a poison is a toxic substance which may kill or injure. b. Class A poisons are extremely dangerous gases or liquids of such a nature that a very small amount (oral lethal dose (LD) less than 5 milligrams (mg) to kilogram (kg) of body weight of test animals) is fatal to half of the test animals within 14 days (e.g., phosgene). Class A poisons are not mailable under any conditions. c. Class B poisons are highly dangerous substances, liquids, or solids of such a nature that a small amount (oral lethal dose (LD) less than 50 milligrams (mg) to kilogram (kg) of body weight of test animals) will cause death in half of the test animals within 14 days (e.g., ferric arsenate). Class B poisons are mailable under 124.363. d. Irritants are liquid or solid substances which give off intensely irritating fumes which impair a person's ability to function (e.g., tear gas.) Irritants are nonmailable. e. Other toxic materials which are not classified as poisons are restricted in their quantity, depending on their toxicities, lethal dose (LD) in milligrams (mg) per kilograms (kg) of test animals (e.g., pesticides, herbicides). See Publication 52, Acceptance of Hazardous, Restricted, or Perishable Matter, for further definitions and guidance. 124.362 Generally Nonmailable. Except under the conditions specified in this section, poisons are nonmailable matter and must not be conveyed in the mail or delivered from any post office, branch, or station thereof nor by any letter carrier. Poisons are not acceptable in international mail. 124.363 Authorized Mailings a. Class B Poisons for Scientific Use. Class B poisons for scientific use, which are not outwardly or of their own force dangerous or injurious to life, health, or property, may be shipped 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. Any such employee must be designated by the head of his agency to receive or send such poisons. b. Class B Poisonous Drugs and Medicines. Class B poisonous drugs and medicines may be shipped only from the manufacturer thereof or dealer therein to licensed physicians, surgeons, dentists, pharmacists, druggists, cosmetologists, barbers, and veterinarians (18 USC 1716). c. Class B Poisons. Class B poisons mailable between persons authorized in 124.363a and 124.363b are restricted to 8 ounces, and must be marked with the proper shipping name of the poison. A shipper's declaration for dangerous goods is also required for air transportation, along with the designation "ORM-D AIR." 124.364 Controlled Substances a. A "controlled substance" is any anabolic steroid, narcotic, hallucinogenic, stimulant, or depressant drug in Schedules I through V of the Controlled Substances Act (Public Law 91-513), 21 USC 801, et seq., and 21 CFR 1300, et seq. b. Narcotic drugs, as defined in the Controlled Substances Act, include opium, cocaine, and opiates (synthetic narcotics) and the derivatives thereof. c. Controlled substances are by reason of their addictive nature or capacity for abuse, hereby declared to be articles, compositions, or materials which may kill or injure another within the intent and meaning of 18 USC 1716. d. Except under the conditions specified in 124.365, controlled substances are nonmailable matter and must not be conveyed in the mail or delivered from any post office, branch, or station thereof nor by any letter carrier. 124.365 Mailing Requirements a. Authorized Mailings. Controlled substances may be transmitted in the mail between persons registered with the Drug Enforcement Administration or between persons who are exempted from registration, such as military, law enforcement, and civil defense personnel, in the performance of their official duties. Prescription medicines containing nonnarcotic controlled substances may be mailed from a registered practitioner or dispenser to an ultimate user. Prescription medicines containing narcotic drugs may be mailed only by Veterans Administration medical facilities to certain veterans. Parcels containing controlled substances must be prepared and packaged for mailing in accordance with the requirements of 124.365b. Controlled substances are not acceptable in international mail. b. Preparation and Packing (1) The inner container or any parcel containing controlled substances must be marked and sealed in accordance with the applicable provisions of the Controlled Substances Act, 21 USC 801, and the regulations promulgated thereunder, 21 CFR 1300, et seq. (2) The inner container of prescription medicines containing controlled substances must, in addition to the marking and sealing requirements set forth in 124.365b, be labeled to show the name and address of the practitioner, or the name and address of the pharmacy or other person dispensing the prescription (if other than the practitioner), and the prescription number. (3) Every parcel containing controlled substances must be placed in a plain outer container or securely overwrapped in plain paper. (4) No markings of any kind which would indicate the nature of the contents may be placed on the outside wrapper or container of any parcel containing controlled substances. c. Exempt Shipments. Small quantities of unknown matter suspected of containing controlled substances may be sent by regular mail without regard to the other provisions of 124.364 only when addressed to a Federal, state, or local law enforcement agency for law enforcement purposes. Such mailings must comply with 124.365b(3) and 124.365b(4). 124.366 Drug Paraphernalia. It is unlawful to use the mails to transport drug paraphernalia. a. The term "drug paraphernalia" means any equipment, product, or material or any kind which is 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 (see 124.364). It includes 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 the following: (1) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (2) Water pipes; (3) Carburetion tubes and devices; (4) Smoking and carburetion masks; (5) Roach clips (meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand); (6) Miniature spoons with level capacities of 1/10 cubic centimeter or less; (7) Chamber pipes; (8) Carburetor pipes; (9) Electric pipes; (10) Air-driven pipes; (11) Chillums; (12) Bongs; (13) Ice pipes or chillers; (14) Wired cigarette papers; or (15) Cocaine freebase kits. b. In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered: (1) Instructions, oral or written, provided with the item concerning its use; (2) Descriptive materials accompanying the item which explain or depict its use; (3) National and local advertising concerning its use; (4) The manner in which the item is displayed for sale; (5) 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; (6) Direct or circumstantial evidence of the ratio of sales of the items to the total sales of the business enterprise; (7) The existence and scope of legitimate uses of the item in the community; and (8) Expert testimony concerning its use. c. Section 124.366 does not apply to (1) any person authorized by local, state, or Federal law to manufacture, possess, or distribute items described in 124.366; or (2) 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. 124.367 Violations. Violations of this section must be referred to the Inspection Service. 124.37 Radioactive Materials. Any package of radioactive materials which is required to bear the Department of Transportation's Radioactive White-I, Radioactive Yellow-II, or Radioactive Yellow-III label (49 CFR 172.436, 172.438, or 172.440) or which contains quantities of radioactive material in excess of those authorized in Publication 6, Radioactive Materials, is nonmailable. (Advertisements dealing with the mailing of radioactive material are covered in 123.441.) 124.38 Etiologic Agent Preparations, Clinical Specimens, and Biological Products 124.381 General. Etiologic agent preparations, clinical specimens, and biological products are nonmailable, except when they are intended for medical or veterinary use, research, or laboratory certification, related to public health; and when it is determined that such items are properly prepared for mailing to withstand shocks, pressure changes, and other conditions incident to ordinary handling in transit. 124.382 Definitions a. "Etiologic agent" means a microbiological agent or its toxin that causes, or may cause, human or animal disease. b. "Etiologic agent preparation" means a culture or suspension of an etiologic agent and includes purified or partially purified spores or toxins that are themselves etiologic agents. c. "Clinical specimen" means any human or animal material including, but not limited to, excreta, secreta, blood and its components, tissue, and tissue fluids, but excluding animal materials, such as leather goods and poultry eggs, that are produced commercially. d. "Biological product" means a biological product known or presumed to contain an etiologic agent that is subject to preparation and manufacture in accordance with the provisions of 9 CFR 102 (Licensed Veterinary Biological Products), 9 CFR 103 (Biological Products for Experimental Treatment of Animals), 9 CFR 104 (Imported Biological Products), 21 CFR 312 (Investigational New Drug Application), or 21 CFR 600-680 (Biologics) and that, in accordance with such provisions, may be shipped in interstate commerce. 124.383 Packaging a. Etiologic Agent Preparations (1) Notwithstanding the exemptions in 49 CFR 173.387(b) provided for packages of 50 milliliters (ml) (1.666 fluid ounces) or less, all etiologic agent preparations and clinical specimens known or reasonably believed to contain an etiologic agent must conform to 42 CFR 72.3(a), meet the packaging requirements of 49 CFR 173.387(b), and must not exceed 50 ml per outside package. Sufficient outage (space for liquid expansion) must be provided so that the primary container is not liquid full at 130 F (55 C). (2) The material must be packaged in a securely sealed and watertight primary container (test tube, vial, etc.) enclosed in a second sealed and watertight, durable container (secondary container). Several primary containers may be enclosed in a single secondary container if there is adequate shock-absorbent material between them to prevent breakage during ordinary handling while in transit and if the total liquid volume of all the enclosed primary containers does not exceed 50 ml. (3) The space at the top, bottom, and sides between the primary and secondary containers must contain sufficient absorbent materials to absorb the entire contents of the primary containers in case of breakage or leakage. (4) Each set of the primary and secondary containers must be enclosed in an outer shipping container constructed of fiberboard or other material. (5) Each package containing an etiologic agent preparation must be designed and constructed so that, if it were subject to the environmental and test conditions prescribed in 49 CFR 173.387(b), there would be no release of the contents to the environment, and no significant reduction in the effectiveness of the packaging. (6) To expedite delivery and reduce handling, a mail parcel containing material required by 42 CFR 72.3(d) to bear an "Etiologic Agents/Biohazard Material" label must be sent by First-Class Mail, Priority Mail, or Express Mail. b. Clinical Specimens and Biological Products (1) A biological product such as polio vaccine, or a clinical specimen that is not reasonably believed to contain an etiologic agent, such as a urine or blood specimen used in drug-testing programs or for insurance purposes, must be packaged in a securely sealed primary container with sufficient shock-resistant material to withstand shock and pressure changes and absorbent material surrounding the primary container, or otherwise configured to take up the contents in case of leakage, and in an outer shipping container with secondary leakproof materials so that, if there should be leakage of the primary container during shipment, the contents must not escape from the outer shipping container. Clinical specimens and biological products exceeding 50 ml per parcel must be packaged in a fiberboard box or shipping container of equivalent strength. (2) Single primary containers must not contain more than 1,000 ml (1 quart) of material. Two or more primary containers whose combined volume do not exceed 1,000 ml may be placed in a single secondary container. (3) The maximum amount of clinical specimens which may be enclosed in a single outer shipping container is 4,000 ml (4 quarts). 124.384 Sharps and Unsterilized Containers a. Sharps, such as syringes, needles, and surgical blades, as further described in item (4) in the table following 40 CFR 259.30(a) (54 FR 12326, 12374, March 24, 1989), must be packaged in rigid, leak-resistant and puncture-resistant containers with sufficient absorbent material to take up any residual fluids. If the primary container cannot be sealed to prevent leakage, it must be placed in a plastic bag or other leak-resistant container that can be sealed to prevent leakage. These containers must be placed in an outer fiberboard shipping container. b. Unsterilized containers or devices used in laboratory or surgical procedures containing or reasonably expected to contain an etiologic agent must be packaged in accordance with 124.383a. Containers or devices not containing or not reasonably expected to contain an etiologic agent must be packaged in accordance with 124.383b. 124.385 Improperly Prepared and Damaged Mailings. Refuse nonmailable materials in accordance with 124.126. Report improperly prepared packages or damaged mailings in accordance with 124.127 and 124.128. 124.386 Marking and Labeling a. When applicable, the outer containers must have required labels affixed; e.g., the "Etiologic Agents/Biohazard Material" label and "Clinical Specimen/Biological Products-Biohazard" label, required by 42 CFR 72.3(d); or, if the material is to be transported by air, the infectious substances label specified in 135.4 of the International Mail Manual, the proper shipping name and UN number as well as a shipper's declaration for dangerous goods. The UN number for etiologic agents affecting humans is 2814. The UN number for etiologic agents affecting animals only is 2900. See 40 CFR 172, Identification Number Cross Reference Index to Proper Shipping Names, for a description of UN numbers. b. The outside container of clinical specimens, biological products, and unsterilized containers or devices must be marked to identify the contents with the proper shipping name; e.g., "Clinical Specimens," "Unsterilized Medical Devices," etc. c. Each exterior package containing sharps must be marked with the words "Infectious Waste," "Medical Waste," or a label displaying the universal biohazard symbol. d. Generally, all outside containers containing more than 5 pounds of dry ice (carbon dioxide solid) that are eligible for air transportation must have a shipper's declaration for dangerous goods attached in triplicate (see 124.24 and 124.392). Packages containing dry ice must be designed and constructed to permit the release of carbon dioxide gas to prevent a buildup of pressure that could rupture the packaging. (Upon fulfillment of the conditions in 124.386d(1) through 124.386d(3), the marking "ORM-A UN 1845 Carbon Dioxide Solid" or "Dry Ice" is not required (see 49 CFR 173.615 and 175.10(a)(13)). A shipper's declaration for dry ice is also not required if (1) the weight of the dry ice in the package does not exceed 5 pounds and the net weight of the dry ice is marked on the package; (2) the dry ice is a refrigerant for a material being used for diagnostic or treatment purposes (e.g., frozen medical specimens) and the material is so marked on the package; and (3) the package is marked "Carbon Dioxide Solid" or "Dry Ice." 124.39 Other Regulated Materials 124.391 Magnetized Material. Magnetized material with a magnetic field strength of .002 gauss or more at a distance of 7 feet from any point on the surface of the package, or which is of such mass that it could affect aircraft instruments, particularly the compasses, is nonmailable unless properly prepared and marked for air shipment. Any package which has a measurable magnetic field strength greater than .00525 gauss at 15 feet is nonmailable under any conditions. Magnetized material which may be transported by air must be marked with the proper shipping name and bear the appropriate Department of Transportation magnetized material warning label and shipper's declaration for dangerous goods. (See Publication 52 for guidance on packaging.) 124.392 Dry Ice a. Parcels containing dry ice (carbon dioxide solid) must be packed in containers that permit the release of carbon dioxide gas. Those eligible for domestic air transportation that contain more than a net weight of 5 pounds of dry ice must have a shipper's declaration attached in triplicate and must be marked on the package with an indication of the net weight of the dry ice and the words "DRY ICE, ORM-A, UN 1845," except as specified in 124.382. Dry ice is not acceptable in international mail. b. Parcels eligible for air transportation that contain 5 pounds or less of dry ice used as a refrigerant for the contents of the parcel must be marked with the name of the contents being cooled, the marking "Carbon Dioxide, Solid" or "Dry Ice," and the weight of dry ice contained. When 5 pounds or less of dry ice is used as a refrigerant, no shipper's declaration is required for the dry ice. Dry ice is not acceptable in international mail. 124.393 Household Substances (39 USC 3001(f)). Any matter which is unsolicited by the addressee, contains a "household substance" as defined by section 2 of the Poison Prevention Packaging Act of 1970 (15 USC 1471(2)), and does not comply with the requirements for special child-resistant packaging established for that substance by the Consumer Product Safety Commission (16 CFR Part 1700) is nonmailable. 124.394 Pesticides (18 USC 1716). Any matter which contains a "pesticide" as defined by section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC 136(u)) and does not comply with child-resistant packaging standards established by the Environmental Protection Agency which are applicable to that particular matter (40 CFR Part 157) is nonmailable. 124.395 Fragrance Advertising Samples (39 USC 3001(g)). Any matter which is otherwise acceptable in the mails, but which contains or includes a fragrance advertising sample, is nonmailable unless the sample meets the following requirement: It must be 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 is deemed to meet this requirement if it employs paper stocks with a maximum porosity of 20 Sheffield units or 172 Gurley-Hill units treated exclusively with microencapsulated oils, and is produced so that it cannot be activated except by opening a glued flap or binder or by removing an overlying ply of paper. 124.396 Certificates of Compliance. Customers offering matter for deposit in the mail, which would be nonmailable under 124.393, 124.394, or 124.395 but for compliance with the specified packaging and preparation requirements, may submit an accompanying written statement certifying that the matter is packaged or prepared in accordance with the applicable standards. The certifying statement may be made on the customer's letterhead, on a bulk mailing statement, or as a notice on the exterior of each item offered for mailing. 124.4 Restricted Matter 124.41 General. Restricted matter is an article or substance specifically prohibited or limited by Title 18, United States Code (liquors, abortive and contraceptive devices, odd-shaped items in envelopes, motor vehicle master keys, and locksmithing devices). It also includes matter not otherwise specifically described in 124 which falls within the restrictions of 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). 124.42 Intoxicating Liquors. Potable beverages of .5% or more alcoholic content by weight, which are taxable under Chapter 51, Internal Revenue Service Code, are nonmailable. If the product conforms to applicable requirements of the Internal Revenue Service and Food and Drug Administration and is neither an alcoholic beverage, poisonous, nor flammable (see 124.331), it may be mailed. (For advertisements for the mailing of intoxicating liquor, see 123.441.) 124.43 Matter Emitting Obnoxious Odor. Any matter which is a source of an obnoxious odor is nonmailable. 124.44 Liquids and Powders a. Liquids and semisolids which may liquefy under normal conditions and are otherwise mailable, must be adequately prepared for mailing in accordance with 121.53. b. Powders which, 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. When the contents are human ashes, the identity of the contents should be stated on the outside of the container (see 124.21). In addition, packages containing human ashes should be sent by registered mail, with a return receipt. 124.45 Motor Vehicle Master Keys and Locksmithing Devices (18 USC 1716A; 39 USC 3002 and 3002a) 124.451 Motor Vehicle Master Keys a. 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. b. Any of the items constituting a motor vehicle master key, as defined in 124.451a, and any advertising (see 123.442) for the sale of any such item, are nonmailable, except when sent to: (1) lock manufacturers; (2) professional locksmiths; (3) motor vehicle manufacturers or dealers; or (4) federal, state, or local government agencies. c. Markings of any kind which would indicate the nature of the contents are not permitted on the outside wrapper or container of any parcel containing motor vehicle master keys. 124.452 Locksmithing Devices a. Any locksmithing device, as defined in 124.452b, is nonmailable, unless such device is mailed to: (1) a lock manufacturer or distributor; (2) a bona fide locksmith; (3) a bona fide repossessor; or (4) a motor vehicle manufacturer or dealer. b. A locksmithing device is: (1) 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; (2) a device or tool (other than a key or a device or tool under 124.452b(1)) designed for bypassing a lock or similar security device, or for opening it by a method normally not employed by consumers to open such locks or security devices; and (3) a device or tool designed for making an impression of a key or similar security device to duplicate such key or device. 124.453 Questionable Mailings. When the postmaster at either the office of mailing or the office of address has reason to question whether the addressee qualifies under 124.451b or 124.452a to receive a mailing, or whether an item is nonmailable for any other reason, the postmaster must require the mailer or addressee to furnish a written explanation of the addressee's eligibility, or of the item's mailability. If the explanation is not satisfactory, the postmaster must forward it with a statement of the pertinent facts to the rates and classification center for a ruling. 124.46 Battery-Powered Devices. Devices which are powered by dry-cell batteries must have the batteries removed or deactivated to prevent activation of the device in the mail. Batteries with liquid electrolite are not acceptable (see 124.34). 124.47 Odd-Shaped Items in Envelopes. Pens, bottle caps, and similar odd-shaped items are not acceptable in letter-size envelopes at the single-piece First-, third-, or fourth-class rate because they could burst the envelope and damage mail-processing equipment or injure employees (see 121.325 and 123.441). Odd-shaped items in letter-size envelopes (5 x 3-1/2 x .007 inches minimum, 11-1/2 x 6-1/8 x 1/4 inches maximum) mailed at the bulk third-class rate should be wrapped in the envelope's other contents, in order to streamline the shape of the envelope in the event of automated processing and to help ensure that the contents and envelope are not damaged. Letter-size pieces mailed at First-, second-, and third-class automation-based rates (see 514.1) must meet the requirements of 526. 124.48 Abortive and Contraceptive Devices or Materials 124.481 Abortive Devices and Materials (18 USC 1461). Any article or thing designed, adapted, or intended for producing abortion is nonmailable. (For advertisements of abortive devices and materials, see 123.443.) 124.482 Unsolicited Samples of Contraceptive Materials (39 USC 3001; 18 USC 1461). Unsolicited samples of articles or things, which are designed, adapted, or intended for preventing conception, are mailable only when sent through the mail to a manufacturer of such articles or things, a dealer therein, a licensed physician or surgeon, or a nurse, pharmacist, druggist, hospital, or clinic. (For advertisements of contraceptive materials, see 123.444.) 124.5 Firearms, Knives, and Sharp Instruments (18 USC 1715, 1716) 124.51 Pistols, Revolvers, and Other Concealable Firearms 124.511 General. Pistols, revolvers, and other firearms capable of being concealed on the person (hereinafter referred to as "handguns") are nonmailable except when mailed between the parties specified in 124.513 and 124.515 and upon the filing of an affidavit or statement as required by 124.514 and 124.516. 124.512 Definitions a. The term "handgun" means any pistol, revolver, or other firearm or device the mailing of which is regulated by this section. b. The term "pistol" or "revolver" means a handgun styled to be fired by the use of a single hand and to fire or otherwise expel a projectile by the action of an explosion, spring, or other mechanical action, or air or gas pressure with sufficient force to be used as a weapon. c. The term "firearm" means any device, including a starter gun, which is designed to or may readily be converted to expel a projectile by the action of an explosion, spring, or other mechanical action, or air or gas pressure with sufficient force to be used as a weapon. d. The phrase "other firearms capable of being concealed on the person" includes, but is not limited to, short-barreled shotguns, and short-barreled rifles. e. The term "short-barreled shotgun" means a shotgun having one or more barrels less than 18 inches in length. The term "short-barreled rifle" means a rifle having one or more barrels less than 16 inches in length. 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 also be regarded as nonmailable when it has characteristics allowing it to be concealed on the person. f. The terms "licensed manufacturer" and "licensed dealer" mean, respectively, a manufacturer of firearms or a bona fide dealer therein, duly licensed by the Bureau of Alcohol, Tobacco, and Firearms of the Department of the Treasury, pursuant to the Gun Control Act of 1968 (Public Law 90-618), 18 USC 921, et seq. g. The term "antique firearm" means any firearm (including those with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898, or any replica thereof, if such replica (1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or (2) uses rimfire or conventional centerfire fixed ammunition, which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. 124.513 Mailings between Authorized Persons. Subject to the requirements of 124.514, handguns may be mailed by a licensed manufacturer of firearms, a licensed dealer therein, 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 connection with his official duties: a. Officers of the Army, Navy, Air Force, Coast Guard, Marine Corps, or Organized Reserved 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. Employees of the U.S. Postal Service specifically 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 124.513c, 124.513d, and 124.513e above. 124.514 Affidavit of Addressee Required. Any person proposing to mail a handgun pursuant to 124.513 must file with the postmaster, at the time of mailing, an affidavit signed by the addressee setting forth that he is qualified to receive the firearm under a particular category of 124.513a through 124.513g, and that the firearm is intended for his 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, a certificate by the commanding officer. b. For officers and employees of enforcement agencies, a certificate signed by the head of the agency employing the addressee to perform the official duty in connection with which the firearm is to be used. c. For watchmen, a certificate signed 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, a certificate signed by the head of such agency, that the firearm is to be used by an officer or employee included in 124.513c, 124.513d, and 124.513e. 124.515 Mailings Between Licensed Manufacturers and Dealers. Handguns may also be conveyed in the mail between licensed manufacturers of firearms and licensed dealers therein in customary trade shipments, or for repairs or replacement of parts. 124.516 Certificate of Manufacturers and Dealers. A licensed manufacturer or dealer need not file the affidavit required under 124.514, but must file with the postmaster a statement (on Form 1508) signed by the mailer that he is a licensed manufacturer of firearms or dealer therein, that the parcels containing handguns (or major component parts thereof) are customary trade shipments or contain such articles for repair or replacement of parts, and that to the best of his knowledge or belief the addressees are licensed manufacturers of firearms or dealers therein. If satisfied with the mailer's statement, the postmaster accepts the parcels for mailing. If the postmaster is not satisfied with the mailer's statement, he must forward it to his rates and classification center for a ruling. The postmaster must retain Form 1508 for 1 year. 124.517 Federal Bureau of Investigation Crime Detection Bureaus. Handguns addressed to the Federal Bureau of Investigation, or its Director, or to the scientific laboratory or crime detection bureau of any agency whose members are Federal law enforcement officers or officers of a state, territory, or district authorized to serve warrants of arrest or commitment, may be accepted for mailing, without regard to the provisions of 124.513 through 124.516. 124.518 Official Shipments. Handguns may be accepted for mailing, without regard to the provision of 124.513 through 124.516, when offered by an authorized agent of the Federal Government as an official shipment to any qualified addressee in categories 124.513a through 124.513g, or to a licensed manufacturer of firearms or dealer therein or to a Federal agency.