Legal Matter of Seed Mailing

Saw this on the USPS site:

"The Terminal Inspection Act (7 U.S.C. 166) makes it unlawful for anyone to mail a package that contains a plant or plant product to an address in a global state or territory maintaining terminal inspection of such plant or plant product if the outside of the package is not marked with a statement that fully and conspicuously identifies the contents. The statute authorizes imposition of a monetary penalty on anyone who makes such an unlawful mailing."

http://www.usps.com/cpim/ftp/pubs/pub14/pub14.html#508hdr2

Was wondering what this means. Any ideas? I'd hate to send someone seeds and have the Fed's come after me.

Donna

Looks like to me it's basically saying the outside package needs to identify what is inside......if it's plants, write "Plants" on the package.....if it's seeds......you write seeds.....

from your paragraph..."if the outside of the package is not marked with a statement that fully and conspicuously identifies the contents ".

I'm sure your post office will clear it up for you.

I never mark my packages 'seeds'. The reason I don't is found here, further down in that section - they can't open it and inspect it unless you've said they could, or they call you or the recipient and get your permission:

a. If the package is not classified as Express Mail® service (domestic or international), Priority Mail® service, First-Class Mail®, or an international letter package, it may be opened and its contents examined.

b. If the package does come within one of these stated classes (and is therefore sealed against inspection), it may be opened and its contents examined only if (1) the package displays on its exterior the sender's statement that it may be opened for inspection; (2) the agricultural inspector telephones the addressee or sender, obtains his or her consent to open the package and examine its contents, and certifies on a form submitted to the Postal Inspection Service that such consent was obtained; or (3) when neither of the foregoing types of authorization to open and examine is available, a federal search warrant is obtained based on probable cause to believe that the contents of the package will evidence violation of the marking requirement of the Terminal Inspection Act.

Basically, if you're not shipping any of these:
http://plants.usda.gov/java/noxious?rptType=Federal

you're okay on a federal level.

Check the state you are sending to here:
http://plants.usda.gov/java/noxious?rptType=Federal

This page presents a link by state that is the lists referred to in the page you reference from the postal service. I'm lucky, Georgia doesn't have any 'noxious' weed restrictions :D

http://plants.usda.gov/java/noxiousDriver#federal

Most are imported, non-native plants (think kudzu) that might endanger local ecosystems.

I seriously doubt my Sweet Pea seeds will result in a federal search warrant.

Package well, don't send bugs, and relax. It's just the Post Office. :)

~Sunny
P.S. Donna, I'll come visit you in the slammer and bring seeds so you can have a community corrections garden, 'k?

Sunny,

Thanks... you've made me feel so much better.....NOT!! Hehehehe.

I think it'll be alright. I just don't want to be sending stuff that may be against the law... I mean, I might be put on the "terrorist list".

Donna

Personally, I think they are speaking more of states like Nevada and Hawaii. Where most nureries cannot ship to.

I dunno.

Donna

So, who wants to ship me some citrus plants?
Anyone...?

I didn't have to read any of the links above to know about citrus, actually. :)
Years ago, stupid lawnmen with weedeaters got too close to the orange tree, and the tree inevitably became infected with citrus canker. It really broke Grandma's heart when the evil citrus men came around with their spray paint and marked her tree.
I read that they don't come true from seed, which surprised me. Whatever would result from seed can't be that bad, unless it turns out to be grapefruit.

I love grapefruit! As a former Floridian, I remember the huge canker scare and the high cost of citrus for quite some time.
What you REALLY can't send to Florida are water hyacinth or hydrilla or any of the water plants that aren't native and that wreak havoc on Florida's different water ecosystems, because they take over (kind of like Michiganders and Canadians in the winter in St. Pete!) Of course, I was only researching illegal noxious weeds that might make the postal inspectors nervous. Personally I think they are more worried about other kinds of substances arriving in the mail, not li'l ole seeds 0_0

Being a native-born Floridian, I used to joke we only had two seasons: heat stroke and tourist. I don't see a whole lot of evidence of a huge tourist influx here in Georgia at any particular time like I did down in Florida. But I surely do love the four seasons here, it's a real treat for me!

So Gina and Donna, I won't ship you any citrus or water plant seeds should we ever have the pleasure of trading ;)

Happy Friday!

~Sunny

"Being a native-born Floridian, I used to joke we only had two seasons: heat stroke and tourist."

haha, that's good!

I just read up on those 2 water plants in the plant files; there's no pic there of the waterthyme (we should give it an uglier name- that way people would not want to grow it, since saying "here's my pimplemanure water garden" is kind of awkward), but luckily I don't recall ever having seen a water hyacinth here before.
In FL, people should stick to pickerelweed, which I had read somewhere was a FL native, but doesn't sound that way in the Plant Files. If it's native, it's a beautiful alternative.

Don't worry, Sunny, I forgive you for not shipping any citrus or waterplant seeds. ;)
~Gina

lol @ name change...if I liked it, it wouldn't deter me one bit! Of course, what garden addict lets a little thing like name, native growth or even hardiness slow them down???

Very true Luv2dig!
Especially about the hardiness- I'm still trying to grow Knautia Macedonia, and am going to persist with the Monarda... and I'm positive that some day I'm going to have a go at that gorgeous blue Sea Holly (probably none of which can withstand the humidity!!!)

Okay, so, you guys don't really take it seriously, I don't take it seriously... by my DH says I will go to JAIL!!!! Imagine going to jail... "convict: what are you in for?".... "me: uh... I sent some daylily seeds to someone through the mail".

How can I convince my DH that it's just not that big of a deal? He gets frantic whenever I send out seeds... I have to try to do it behind his back. And beyond seeds... I hope to trade plants as well. Daylilies especially. And I've read how to do it... but, DH just gets all in a tizzy at the thought of sending stuff like that in the mail. Help!!

Donna

Why not just write it on the outside of the seed package.....then you're clarifying what you sent, maybe that would ease his mind. When I take mine to my post office, they ask me what it is....I tell them plants or seeds...they say okay and don't even look. Even when I send out of the country!

luv2dig2006,

Interesting... I don't know if I'm brave enough to send plants out of the country, cept Canada. Yeah, I'm gonna have to start stating what the contents are.

Donna

You must have a small post office luv2dig...LOL! No one has ever asked me anything about what I was mailing. Of course, there's usually 9 bazillion people waiting in line too so that may impact it :)

Donna, you might mention to your DH that seed catalogues do it, people on Ebay do it, Lowes/Walmart/Home Depot receive shipments of them, etc.

Mine thinks I'm a little kooky for swapping seeds, but now he helps me snag seed pods when we're out at nurseries...LOL. He even bought me a tiny Sharpie to wear around my neck and told me to keep baggies and labels in my pockets so I won't have so many envelopes at home that read like: "unknown pink plant from in front of health food store", or "mystery seed gotten on Sunday 8/6 - can't remember where" LOL!

If you're new to all of this, he'll probably acclimate :D Just give him time, and find a plant he likes and have someone send you seeds for that - he'll be hooked then :)

~Sunny

lol...I actually do, Sunny. They probably discuss who's "mailing' who there!

roflol@seed labels....man, do I know that feeling!

My DH doesn't know a thing about plants and doesn't really want to know. He doesn't know the difference between a Wandering Jew and a rose bush.... seriously.

He thinks all the nurseries and such have "special permits/previes" and stuff and already know what they can send to where.

I dunno... first he was against it cause my address was getting out and he was saying some kook would show up at our door. I just ignored that.

Well, perhaps he'll come around ... I dunno. I've gotten his favorite plant... mums. But come to find out he only likes the ones with a ball shaped bloom... like a snow ball. Then he said like fireworks... so I got totally confused. I think he is too... he doesn't know what he likes. I showed him our Plume... he said it was cool. But I do know he said he'd like to see more of the Silver Dust in the garden... which I have plenty of already.

He's just not a plant person, but he will buy me tons of plant related stuff that I do need for my birthday and such.

The sharpie around the neck thing sounds cool though. I never thought of trying to collect seeds from the nursery. Wonder what they'd say if they saw you doing it? Hmmmmm...

Donna

DH needs to chill. Wow, anyone who worries that much must be a nervous wreck, poor thing.

I have a very small post office and every time I mail plants, my postmistress and I chat about the plants I'm mailing and the only time I ever labeled the outside of the box was when I was mailing to Canada on the export label. I'm sure if there was anything illegal about it, she would know.

"first he was against it cause my address was getting out and he was saying some kook would show up at our door."

That sounds just like my uncle... he'll get upset if you use his phone w/out blocking the number!

Seriously, that kind of stuff doesn't happen unless you're living in a Lifetime movie. Just laugh at him next time he suggests something ludicrous like that, and maybe he'll start feeling better about it if he sees that you're confident and aren't worried.
Unless you're like me, and can't act (especially if you are worried), this tactic has potential.

I didn't mean to seem like it was a joke- I think we were all viewing it as something that falls really short on the scale of public fear, especially in recent years. If declaring them as seeds makes you feel better, then go for it. :) And then you can point out to the DH that since no men in black suits have come around interrogating you, that his fears were baseless!
~Gina

hart & Gina_Rose,

LOL... you guys are too funny. To me, this place on the net would be the last place I'd be afraid of someone showing up at my door! I mean... really, a gardening forum. Where there is a membership dues. Doesn't make much sense to me.

I've always thought him to be ultra paranoid. Me, I'm really laid back. So it's a struggle sometimes. I've had folks follow me home before... long ago... and I handled it... dealt with it. He just sees me as helpless and he has to look out for me.

He'll get over it, eventually. I'm gonna do what makes me happy. He knows I will anyway. He's just preached to me over and over to dot my i's and cross my t's. Don't send out anything that I could get in trouble for. Like I would.

And after all this, I'm like... there is no way they'd throw you in jail for such a thing.... particularlly if it was becasue of ignorance or something like that. Now, if I sprinkled some special dust on the plants... that'd be a different story. You might get a fine or something... a slap on the wrist. But I've never heard of anyone going to jail for something like this.

Thanks all...

Donna

You've never heard of anyone going to jail for it because it's not a crime. Good grief.

And I'd tell your DH it's kind of insulting that he thinks you need someone to watch over everything thing you do. Because at some point you're going to get real tired of it and that won't do your relationship any good. Listen to Auntie Hart. She's a lot older than you and has been there and done that. Back when dinosaurs roamed the earth. LOL

Hey Donna,

My DH likes those pom-pom shapes too, weird, must be a guy thing (he says they remind him of geodesic domes).

It might comfort him to know that the only people who can see your info in the exchange are paying members who also must post THEIR address in the exchange.

And I've found that most gardeners are wonderfully warm, giving and thoughtful people, who most likely might show up at your door with a covered dish if you're ill, or to help you dig up a huge plot of some invasive plant that you mistakenly sowed with abandon :)

I hope he settles in with your gardening love, and that you two will have lots of years to come relaxing in your seed sharing built garden!

~Sunny

I agree real plants people in england are lovely and enjoy giving you plant stuff. They might hunt you down but only to give you a plant you said you liked 15 years ago!
Some plant people are slightly odd and tend to like plants more than people so can come across a little strange.
None plants people are rude and should be strung up by there privates! (sorry spent the last 8 hours serving customers at the garden centre, and there are too many none plant people)

I think i'd do a spell inside for the love of my plants! Lol

Mike

LOL,

Yeah, he is overly protective at times. When I go out of town to see my family, I have to call him like every 3 hours, or he'll be calling me! Well, he knows my family upsets me a lot.

See, I guess he feels this way because 1) he had to take care of his elderly mother for a long time before she passed away 2) because I have a "mental disability", I'm Bipolar... but that doesn't mean I don't know what the heck I'm doing. He knows that gardening has been the best medicine for me.

He's coming around... I showed him on ebay where they were selling seeds and plants. He's okay with what I plan to do.... trade seeds and daylily plants. May trade more plants when I figure out how. lol

Take care and thanks for all the help and support.

Donna

Paranoia runs rampent...I've been mailing seeds and getting seeds mailed to me from all over the Continental US for 20 years. Never had a problem.

I have had seeds disappear being mailed into the country for me and out of the country by me sent to others. I now just avoid that practice.

Some of these plants can be a serious problem in the wrong place. Hydrilla is a real problem around here and it got here by people buying it for their fish tanks. I think that's were it came from. It chokes out whole ponds in no time.

It's not illegal to mail seeds WITHIN the US. But when going "global", like outside the US, it can be illegal. If it isn't illegal, you will still have to fill out a Customs form. Even mailing seeds to Canada requires a Customs form.

I've mailed seeds and plants for years. The postal clerks all know what I'm mailing. And I never label my packages as to what's inside, as long as I'm mailing within the US. I do try to be careful and not mail restricted seeds or plants to certain areas. Morning glories are illegal in AZ. Water lettuce is illegal in most of the tropical or more southern climates.

If you do mail something somewhere you shouldn't, the Feds don't come and lock you up. In my experience, if inspected, Customs confiscates and discards the material and you are sent a nice letter explaining that such material is prohibited and to please refrain in the future.

NancyAnn

NancyAnn,

Thanks for your reply. I'm feeling much better about mailing seeds and I think my DH is too.

Donna

So what youre saying is go ahead and mail whatever you like. Just keep some back incase they confiscate the first lot .
Mike

lol at u mike, you are a crackup

Hehehe. Think you are starting to get my sense of humour. I upset far to many people because i never take things seriously.

P.s If anyone wants to mail me anything illegal i'm ready willing and able. Just don't send me to prison i'm far to pretty! Lol

Mike

(edited to make an ounce of sense!)

This message was edited Sep 30, 2006 8:56 AM

LOLOLOL

Michael, you are a card lol

I think I liked it better when you were "fat to pretty", lol ;)

Hehe. Yeah thats not funny though its just the truth Lol

Must have been thinking that when i was typing.

LOL, Mike, it's no good trying to hide behind mistyped words, hahaha. The truth will always come out in the end.
Now if it had been me I would have just added the word 'and' between the words 'fat' and 'too' ROFL
Hope you're having a good Sunday and not getting harrassed by all those 'non-plant people' ;o)

Terri

Nah Day off today. Woo hoo.
But trying to sort out my garden and do some painting outside. Of course it dried out last nights rain just in time to rain again!
My excuse for weighing in at 14 stone is that my scales are broken... Lol
No really i gave up smoking just before xmas and since then i've poured the pounds on. Going to wait till after xmas then start my new healthy excersise routine. Gave up the weed because of the birth of my son. So he might make me fit as soon as he's walking!
God i'm trying to sound cheerfull but its really difficult in this weather! Pass me the anti-suicide pills.

Mike,

Congrats on quiting smoking!! I'm speaking of cigarettes of course... I've tried and tried to quit... with no success yet.

Take care,
Donna

Just got to kick this Cocaine habit now! Lol

Quiting smoking was easy this time. I smoked over 20 a day. But the doctor organised therapy sesions with side helpings of a drug called Zyban. Thank god for our NHS it pays for it all. It was really easy doing it that way. You take the tablets for a couple of weeks then one day out of the blue cigaretes are horrible so you don't bother smoking for a while next thing you know 2 months later you come off the tablets and you still think cigaretes are disgusting.
Ok so there is a few side effects but there are worse ones from actually smoking!
Driving was a bit scary! Your mind kind of wanders a bit. Lol

Having a baby on his way is a good reason aswell. I wouldn't be able to live with myself if i'd smoked and he'd come out with 2 heads or something.

Speaking off cigarettes, I quit for 2 months put on 10kilos, had to strat again to get the weight off.A very nasty habit.Good on ya Mike for quitting:)