18 U.S.C. § 1762: Marking packages

Summary

Packages sent between states or to other countries that contain goods made wholly or partly by convicts or prisoners must have clear markings on the outside. The label must show who shipped it, who will get it, what’s inside, and the name and place of the penal or reformatory institution where it was made, except for goods made by prisoners on parole or probation or goods made in a penal or reformatory institution. If someone breaks this rule, they can be fined under federal law. The goods may be seized and forfeited to the United States, using the same procedures used for seizing illegal imports.

Title 18, §1762

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)All packages containing any goods, wares, or merchandise manufactured, produced, or mined wholly or in part by convicts or prisoners, except convicts or prisoners on parole or probation, or in any penal or reformatory institution, when shipped or transported in interstate or foreign commerce shall be plainly and clearly marked, so that the name and address of the shipper, the name and address of the consignee, the nature of the contents, and the name and location of the penal or reformatory institution where produced wholly or in part may be readily ascertained on an inspection of the outside of such package.

(b)Whoever violates this section shall be fined under this title, and any goods, wares, or merchandise transported in violation of this section or section 1761 of this title shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the seizure and forfeiture of property imported into the United States contrary to law.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 396c, 396d, 396e (July 24, 1935, ch. 412, §§ 2, 3, 4, 49 Stat. 494, 495). Section consolidates section 396c, 396d, and 396e of title 18, U.S.C., 1940 ed. Words “upon conviction thereof” were deleted as unnecessary, since punishment cannot be imposed until after conviction. Words “transported in violation of this section or section 1761” were added after the word “merchandise” to continue existing law. The provisions of said section 396e of title 18, U.S.C., 1940 ed., relating to venue, were omitted as covered by section 3237 of this title. Minor changes were made in translations and phraseology.

Editorial Notes

Amendments

1996—Subsec. (b). Pub. L. 104–294 substituted “fined under this title” for “fined not more than $50,000”. 1994—Pub. L. 103–322, which directed the amendment of this section by substituting “under this title” for “not more than $1,000”, could not be executed because the phrase “not more than $1,000” did not appear in text subsequent to amendment of subsec. (b) by Pub. L. 102–393. See 1992 Amendment note below. 1992—Subsec. (b). Pub. L. 102–393 substituted “$50,000” for “$1,000”.

§1762 Marking Packages