DMM Revision: Mailability — Animal Fighting Accessories Are Considered Nonmailable Material

Effective August 30, 2007, we are revising Mailing Stan­dards of the United States Postal Service, Domestic Mail Manual (DMM^®) 601 in order to bring the standards into compliance with recent amendments to the United States Code.

On May 3, 2007, President Bush signed into law the Animal Fighting Prohibition Enforcement Act of 2007 (AFPEA) which amended certain provisions of the Animal Welfare Act pertaining to animal fighting ventures. The Animal Welfare Act, as amended by the AFPEA, provides, in part, that “[i]t shall be unlawful for any person to know­ingly use the mail service of the United States Postal Service or any instrumentality of interstate commerce for commercial speech for purposes of promoting or in any other manner furthering an animal fighting venture except as performed outside the limits of the States of the United States.” The Act bans the transport and delivery of certain accessories used in animal fighting ventures and provides criminal penalties for violations. The DMM revisions are intended to implement the AFPEA amendments to the Animal Welfare Act and to provide mailer-friendly refer­ences to the DMM sections that pertain to the mailability of items or animals used in animal fighting ventures.

Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM)

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[Add new last sentence in 9.3.1 as follows:]

Under 7 USC 2156, the mailing of a live animal for the pur­pose of participating in an animal fighting venture is prohib­ited (regardless of whether such venture is permitted under the laws of the state in which it is conducted). The term state means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any U.S. territory or possession. Violators can be subject to the criminal penalties in 7 USC 2156. See 601.11.21 for restric­tions on mailing accessories used in animal fighting ventures and 601.12.5.7 for restrictions on mailing printed matter related to animal fighting ventures.

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[Add new section 11.21 as follows:]

Under 7 USC 2156, the mailing of a knife, a gaff, or any other sharp instrument attached, or designed or intended to be attached to the leg of a bird for use in an animal fight­ing venture, as defined in section 601.12.5.7(b), is prohib­ited. Violators can be subject to the criminal penalties in 7 USC 2156. See 601.9.3.1 for restrictions on mailing live animals used in animal fighting ventures and 601.12.5.7 for restrictions on mailing printed matter related to animal fighting ventures.

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[Revise the introductory text of 12.5.7 as follows:]

Written, printed, or graphic matter (e.g., advertisements or other commercial speech) promoting or furthering an animal fighting venture conducted in any state (except a venture involving live birds permitted under the laws of the state in which the fight is conducted) is nonmailable under 7 USC 2156. Violators can be subject to the criminal penalties in 7 USC 2156. See 601.9.3.1 for restrictions on mailing live animals used in animal fighting ventures and 601.11.21 for restrictions on mailing accessories used in animal fighting ventures. For this standard:

[Revise item a to change the last word to gender neutral as follows:]

a. Animal means any live bird, or any live dog or other mammal, except human.

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We will incorporate these revisions into the September update of the online DMM via Postal Explorer^® at http://pe.usps.com and into the next printed edition.

— Mailing Standards,
Pricing and Classification, 8-30-07