Volume 84 · 1974
Public Law 91–662
To amend the Tariff Act of 1930 and the United States Code to remove the prohibitions against importing, transporting, and mailing in the United States mails articles for preventing conception.
Approved January 8, 1971
Statutory text
AN ACT
To amend the Tariff Act of 1930 and the United States Code to remove the prohibitions against importing, transporting, and mailing in the United States mails articles for preventing conception.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the first sentence
Contraceptives.
Certain prohibitions, removal.
of section 305(a) of the Tariff Act of 1930 (19 U.S.C. 1305(a)) is amended by striking out “for the prevention of conception or”.
Sec. 2.
Section 552 of title 18 of the United States Code is amended by striking out “preventing conception or”.
Sec. 3.
Section 1461 of title 18 of the United States Code is amended:
by striking out “preventing conception or” each place it appears,
by striking out “conception may lie prevented or” in the fourth paragraph thereof, and (3) by inserting “may be” before the word “produced” in the fourth paragraph thereof.
Sec. 4.
Section 1462 of title 18 of the United States Code is amended
by striking out “preventing conception, or”.
Sec. 5.
Section 4001 of title 39 of the United States Code, relating
Nonmailable matter.
74 Stat. 654; 81 Stat. 623; Post, p. 1974.
to nonmailable matter, is amended by adding at the end thereof the following new subsection:
“(d) (1) Any matter which is unsolicited by the addressee and which is designed, adapted, or intended for preventing conception (except unsolicited samples thereof mailed to a manufacturer thereof, a dealer therein, a licensed physician or surgeon, or a nurse, pharmacist, druggist, hospital, or clinic) is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postmaster General directs.
“(2) Any unsolicited advertisement of matter which is designed, adapted, or intended for preventing conception is nonmailable matter, shall not be carried or delivered by mail, and shall lie disposed of as the Postmaster General directs unless the advertisement—
“(A) is mailed to a manufacturer of such matter, a dealer therein, a licensed physician or surgeon, or a nurse, pharmacist, druggist, hospital, or clinic; or
“(B) accompanies in the same parcel any unsolicited sample excepted by paragraph (1) of this subsection.
An advertisement shall not be deemed to be unsolicited for the purposes of this paragraph if it is contained in a publication for which the addressee has paid or promised to pay a consideration or which he has otherwise indicated he desires to receive.”
The eighth paragraph of section 1461 of title 18 of the United
Ante, p. 1973
States Code is amended by inserting “or section 4001(d) of title 39” after “this section”.
Sec. 6.
Effective on the date that the Board of Governors of the United States Postal Service establishes as the effective date for section 3001 of title 39 of the United States Code, as enacted by the Postal
Ante, p. 745.
Reorganization Act—
such sect ion 3001 is amended—
by redesignating subsection (e) as (f); and
by inserting after subsection (d) the following new subsection:
“(e) (1) Any matter which is unsolicited by the addressee and which is designed, adapted, or intended for preventing conception (except unsolicited samples thereof mailed to a manufacturer thereof, a dealer therein, a licensed physician or surgeon, or a nurse, pharmacist, druggist, hospital, or clinic) is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs.
“(2) Any unsolicited advertisement of matter which is designed, adapted, or intended for preventing conception is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as I he Postal Service directs unless the advertisement—
“(A) is mailed to a manufacturer of such matter, a dealer therein, a licensed physician or surgeon, or a nurse, pharmacist, druggist, hospital, or clinic; or
“(B) accompanies in the same parcel any unsolicited sample excepted by paragraph (1) of this subsection.
An advertisement shall not be deemed to be unsolicited for the purposes of this paragraph if it is contained in a publication for which the addressee has paid or promised to pay a consideration or which he has otherwise indicated he desires to receive.”;
section 4901(d) of title 39 of the United States Code, as added by section 5(a) of this Act, is repealed; and
tire eighth paragraph of section 1461 of title 18 of the United States Code, as amended by section 5(b) of this Act, is amended by striking out “4001(d)” and inserting in lieu thereof “3001(e)”.
Sec. 7.
The amendments made by this Act (other than by section 6) shall take effect on the day after the date of the enactment of this Act.
Approved January 8, 1971.