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Posted by clifford on September 21, 2002 at 18:49:58:
In Reply to: labeling violations of the lacey act in interstate shipping posted by clifford on September 17, 2002 at 13:50:14:
The page I was reading is at:
http://invasives.fws.gov/Index.LaceyAct.html
Search for these two spots, for the lazy, I'll cut and paste them here.
§ 3372. Prohibited acts
(b) Marking offenses. It is unlawful for any person to import, export, or transport in interstate commerce any container or package containing any fish or wildlife unless the container or package has previously been plainly marked, labeled, or tagged in accordance with the regulations issued pursuant to paragraph (2) of subsection 7(a) of this Act [16 USCS § 3376(a)(2)].
(d) False labeling offenses. It is unlawful for any person to make or submit any false record, account, or label for, or any false identification of any fish, wildlife, or plant which has been, or is intended to be--
(1) imported, exported, transported, sold, purchased, or received from any foreign country; or
(2) transported in interstate or foreign commerce.
and also a bit lower, the reg it refers to--
(2) The Secretaries of the Interior and Commerce shall jointly promulgate specific regulations to implement the provisions of subsection 3(b) of this Act [16 USCS § 3372(b)] for the marking and labeling of containers or packages containing fish or wildlife. These regulations shall be in accordance with existing commercial practices.
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This obviously says nothing about the USPS at all, and has nothing to do with the fact that the USPS is a federal organization (although from what I understand, Dan is right about that...)
This has to do with the federal provisions of the Lacey act, and it seems to me to say, anything shipped from one state to another IN ANY WAY-- that means even if you have the thing in a box, in your car...and you are driving it somewhere to sell it, trade it, make it into a hat band, etc...it must be labeled according to the "commercial standard"...which it defines as "plainly marked".
So, I'm open to anything anyone has to say about this...but the way I read it, anything you ship without labeling is in violation of the act, and the smallest penalty is a fine not larger than $10,000 (per animal) and jail time (per animal).
Thanks,
Cliff
