A bill to make nonmailable any plant, fruit, vegetable, or other matter, the movement of which in interstate commerce has been prohibited or restricted by the Secretary of Agriculture in order to prevent the dissemination of dangerous plant diseases or pests, and for other purposes.
PL 100-574 (H.R.5199), enacted 10/31/1988

102 STAT. 2892 
PUBLIC LAW 100-574—OCT. 31, 1988 
Public Law 100-574 
100th Congress 
An Act 
To make nonmailable any plant, fruit, vegetable, or other matter, the movement of 
Oct. 31, 1988 
which in interstate commerce has been prohibited or restricted by the Secretary of 
[H.R. 5199] 
Agriculture in order to prevent the dissemination of dangerous plant diseases or 
pests, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. NONMAILABLE PLANTS. 
(a) AMENDMENTS TO TITLE 39.— 
(1) IN GENERAL.—Chapter 30 of title 39, United States Code, is 
amended by adding at the end the following: 
"§ 3014. Nonmailable plants 
"(a)(1) Whenever the Secretary of Agriculture establishes a quar-
antine under section 8 of the Plant Quarantine Act, prohibiting the 
transportation by common carrier of any plant from any State or 
other geographic area, the Secretary shall give notice of the 
establishment of such quarantine to the Postal Service in writing. 
"(2) Upon receiving any such notice under paragraph (1), the 
Postal Service shall ensure that copies of such notice are promi-
nently displayed at post offices located within each State or area 
covered by the quarantine, and shall take any other measures which 
the Postal Service considers necessary in order to inform the public 
both of the establishment of such quarantine and of relevant provi-
sions of this section and sections 1716B and 1716C of title 18 in 
connection therewith. 
"(b) Any plant, the transportation of which by common carrier 
from any State or other area is prohibited or restricted under any 
quarantine referred to in subsection (a), is nonmailable matter, and 
may not be accepted by the Postal Service or conveyed in the mails, 
if the matter involved is tendered for transmission through the 
mails from such State or area or if such matter first enters the mails 
within such State or area. 
Regulations. 
"(c) The Postal Service shall, after consultation with the Secretary 
of Agriculture, prescribe rules and regulations permitting the mail-
ing of a plant, and otherwise making subsection (b) of this section 
inapplicable with respect to such plant, if the method or manner of 
mailing such plant would be consistent with the procedures set forth 
in the rules and regulations prescribed under the fourth sentence of 
section 8 of the Plant Quarantine Act (relating to the inspection, 
disinfection, and certification of, and other conditions for, the deliv-
ery and shipment of plants otherwise subject to quarantine). 
"(d) For the purposes of this section— 
"(1) 'Plant Quarantine Act' means the Act entitled An Act to 
regulate the importation of nursery stock and other plants and 
plant products; to enable the Secretary of Agriculture to estab-
lish and maintain quarantine districts for plant diseases and 
insect pests; to permit and regulate the movement of fruits, 
PUBLIC LAW 100-574—OCT. 31, 1988 
102 STAT. 2893 
plants, and vegetables therefrom, and for other purposes', en-
acted August 20, 1912 (37 Stat. 315 et seq.); and 
"(2) 'plant' means any class of plants, fruits, vegetables, roots, 
bulbs, seeds, or other plant products, any class of nursery stock 
(as defined by section 6 of the Plant Quarantine Act), and any 
other article or matter which is capable of carrying any dan-
gerous plant disease or pest.". 
(2) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 30 of title 39, United States Code, is amended by 
adding after the item relating to section 3013 the following: 
"3014. Nonmailable plants.". 
(b) AMENDMENTS TO TITLE 18.— 
(1) IN GENERAL.—Title 18, United States Code, is amended by 
inserting after section 1716A the following: 
"§ 1716B. Nonmailable plants 
"Whoever knowingly deposits for mailing or delivery, or know-
ingly causes to be delivered by mail, according to the direction 
thereon, or at any place at which it is directed to be delivered by the 
person to whom it is addressed, anything declared nonmailable by 
section 3014(b) of title 39, unless in accordance with the rules and 
regulations prescribed by the Postal Service under section 3014(c) of 
such title, shall be fined under this title, or imprisoned not more 
than one year, or both.". 
(2) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 83 of title 18, United States Code, is amended by 
inserting after the item relating to section 1716A the following: 
Law 
enforcement and 
crime. 
"1716B. Nonmailable plants.". 
SEC. 2. FORGED AGRICULTURAL CERTIFICATIONS. 
(a) IN GENERAL.—Title 18, United States 
Law 
^ 
1 
. 
1 J 
enforcement and 
Code, IS amended 
crime. 
by inserting after section 1716B, as added by section 1(b)(1), the 
following: 
"§ 1716C. Forged agricultural certifications 
"Whoever forges or counterfeits any certification authorized 
under any rules or regulations prescribed under section 3014(c) of 
title 39 with intent to make it appear that such is a genuine 
certification, or makes or knowingly uses or sells, or possesses with 
intent to use or sell, any forged or counterfeited certification so 
authorized, or device for imprinting any such certification, shall be 
fined under this title, or imprisoned not more than one year, or 
both.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of chapter 83 of title 18, United States Code, is amended by inserting 
after the item relating to section 1716B, as added by section 2(b)(2), 
the following: 
"171GC. Forged agricultural certifications.". 
SEC. 3. SENSE OF THE CONGRESS. 
It is the sense of the Congress that the United States Postal 
Service and the Department of Agriculture should, using the re-
sources and methods available to each, engage in a joint effort to 
educate the public as to the types of harm wrirch:'can result from the 
transmission to different parts of the country of plants, fruits, 
102 STAT. 2894 
PUBLIC LAW 100-574—OCT. 31, 1988 
vegetables, and other matter which may be carrying dangerous 
plant diseases or pests. To that end, particular emphasis should be 
placed on such matters as— 
(1) the potential for injury to crops and other agricultural 
products, and the economic consequences to farmers, the 
consumer, and the Nation's balance of trade, likely to result 
therefrom; 
(2) the environmental impact associated with the spread of 
plant diseases and pests, including the potentially catastrophic 
consequences which can result if a natural predator or other 
inhibiting factor which is present in one area is absent in an 
area to which the disease or pest has spread; and 
(3) the economic and other costs associated with attempting to 
eliminate or control plant diseases and pests. 
39 u s e 3014 
SEC. 4. EFFECTIVE DATE. 
(a) IN GENERAL.—This Act and the amendments made by this Act 
shall become effective on the earlier o
f
— 
(1) the 366th day after the date of the enactment of this Act; 
or 
(2) the first date as of which all rules and regulations required 
to be prescribed under the amendments made by this Act have 
first been published in the Federal Register. 
(b) REGULATIONS.—Nothing in this section shall prevent the 
United States Postal Service from taking any action which may be 
necessary to prepare and issue, as soon as possible after the date of 
the enactment of this Act, any rules and regulations which the 
Postal Service is required to prescribe under any of the amendments 
made by this Act. 
Approved October 31, 1988. 
LEGISLATIVE HISTORY—H.R. 5199: 
HOUSE REPORTS: No. 100-954, Pt. 1 (Comm. on Post Office and Civil Service). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Oct. 3, 4, considered and passed House. 
Oct. 12, considered and passed Senate.