Shipping Snakes UPS is Illegal

[hhmoore]

Robyn, I wasn't the one that said you were the only one that was granted an exception. I know of others that have been...and many that simply state they have accounts with UPS. It was some of the latter group that I was referring to when I said some of them supposedly have permission...and I do suspect that, in many cases, UPS simply turns a blind eye if there is sufficient volume.

 

[robyn@Pro Exotics]

I was just clarifying what I knew specifically : )

You are correct, it is a wink and a nod with many accounts. Along with our account and two others, I don't know of any others on the "official list". But I don't hold the list, so I could be wrong : )

 

[robyn@Pro Exotics]

Harald, is Blade a Cane Corso? Nice looking dog regardless.

 

[TripleMoonsExotic]

Keep in mind that labeling is a federal law. It is not a company policy. However, at a minimum, federal law states you must label packages "Wildlife." You do not have to specify the contents on your box; specifics (count and common name) go on the invoice which needs placed in a "easy to access area." My opinion on that is in one of those plastic invoice pouches or right on top of the styrofoam inside the box. They also do not specify size of label. Mine are roughly 3/4" high and are placed on one side of the box toward the bottom. This meets federal requirements, but doesn't present unneeded attention with massive labels.

 

[WingedWolf]

I just plain disagree--first off, not labeling the package breaks Federal Law, which isn't something that I, as a business, am willing to do.

Second, all of my personal experiences have been that a properly labeled box DOES arrive in better shape, and is delivered with more care, than an unlabeled one. Not just with the snakes that arrived dead, but with other packages as well. The ones with no live animal labeling had clearly had a much rougher time.

I give people the benefit of the doubt--that most are reasonably decent. I may be let down one day, but not so far.

 

[CB Reptiles]

So if I use SYR.com and write "Live Harmless Reptiles" in black marker (medium sized) and the contents of the box (count, type of snake common and latin) in pen (small sized), I should be okay, right?

I just want the box to be legal by FED standards.....

 

[TripleMoonsExotic]

Per 50 CFR 14...

Option One

(i) Conspicuously marking the outside of each container or package containing fish or wildlife with the word “fish” or “wildlife” as appropriate for its contents, or with the common name of its contents by species, and

(ii) Including an invoice, packing list, bill of lading, or similar document to accompany the shipment which accurately states the name and address of the shipper and consignee, states the total number of packages or containers in the shipment, and for each species in the shipment specifies:

(A) The common name that identifies the species (examples include: Chinook (or king) salmon; bluefin tuna; and whitetail deer) and whether or not the listed species is venomous; and

(B) The number of that species (or other appropriate measure of quantity such as gross or net weight).​

The invoice, packing list, bill of lading, or equivalent document must be securely attached to the outside of one container or package in the shipment or otherwise physically accompany the shipment in a manner which makes it readily accessible for inspection;




Full article here.

 

[CB Reptiles]

thanks stefanie, that helps a lot.

chris

 

[CB Reptiles]

oops, meant stephanie....sorry. can't edit my posts for some darn reason!

 

[WingedWolf]

For those who don't want to advertise the species on the outside of the box, "Live Harmless Reptiles" can be written on the outside, and then use one of UPS' plastic shipping label sleeves. Place a note with the following information inside it, under the shipping label: Common name, Species name, number of animals of each type in the box.
This satisfies the Lacey Act, as the shipping label envelope is accessible without opening the box, but cannot be seen unless someone is looking for it.
It is a good idea to include a note on the outside stating further information is available in the shipping label pouch.

As has been said, this is NOT a UPS issue, it is Federal Law.
It is entirely illegal to ship reptiles WITHOUT marking that the package contains live animals on the OUTSIDE of the box, and without including the species common name, species latin name, and number of animals in a place accessible without opening the box (either on the outside, or in a shipping envelope or pouch that is attached to the package). This is exactly what the law states, and it is what you must do in order to ship live reptiles legally.
If you do NOT do this, you are in violation of the law, AND YOUR CUSTOMER is in violation of the law if they accept the package knowing what is in it. That's why this matters so much. You're forcing your customer to either break the law, or risk killing the animals by refusing the package, if you ship improperly.

 

[CB Reptiles]

Awesome, thanks for the info Donna I appreciate it!

 

[bondoron]

Just write it on the box with a pencil on the side or bottom. Also make it small, this way you are legal and most people won't see it. All problems solved.

 

[wcreptiles]

50 CFR 14

From 50 CFR 14, as near as I can tell this is the labeling requirements of the Lacey Act.

§ 14.81 Marking requirement.

Except as otherwise provided in this subpart, no person may import, export, or transport in interstate commerce any container or package containing any fish or wildlife (including shellfish and fishery products) unless he/she marks each container or package conspicuously on the outside with both the name and address of the shipper and consignee. An accurate and legible list of its contents by species scientific name and the number of each species and whether or not the listed species are venomous must accompany the entire shipment.

[61 FR 31870, June 21, 1996]

§ 14.82 Alternatives and exceptions to the marking requirement.

(a) The requirements of §14.81 may be met by complying with one of the following alternatives to the marking requirement:

(1)(i) Conspicuously marking the outside of each container or package containing fish or wildlife with the word “fish” or “wildlife” as appropriate for its contents, or with the common name of its contents by species, and

(ii) Including an invoice, packing list, bill of lading, or similar document to accompany the shipment which accurately states the name and address of the shipper and consignee, states the total number of packages or containers in the shipment, and for each species in the shipment specifies:

(A) The common name that identifies the species (examples include: Chinook (or king) salmon; bluefin tuna; and whitetail deer) and whether or not the listed species is venomous; and

(B) The number of that species (or other appropriate measure of quantity such as gross or net weight).

The invoice, packing list, bill of lading, or equivalent document must be securely attached to the outside of one container or package in the shipment or otherwise physically accompany the shipment in a manner which makes it readily accessible for inspection; or

(2) Affixing the shipper's wildlife import/export license number preceded by the three letters “FWS” on the outside of each container or package containing fish or wildlife, if the shipper has valid wildlife import/export license issued under authority of 50 CFR part 14. For each shipment marked in accordance with this paragraph, the records maintained under §14.93(c) must include a copy of the invoice, packing list, bill of lading, or other similar document that accurately states the information required by paragraph (a)(1)(ii) of this section.

(3) In the case of subcontainers or packages within a larger packing container, only the outermost container must be marked in accordance with this section. Except, that for live fish or wildlife that are packed in subcontainers within a larger packing container, if the subcontainers are numbered or labeled, the packing list, invoice, bill or lading, or other similar document, must reflect that number or label. However, each subcontainer containing a venomous species must be clearly marked as venomous.

(4) A conveyance (truck, plane, boat, etc.) is not considered a container for purposes of requiring specific marking of the conveyance itself, provided that:

(i) The fish or wildlife within the conveyance is carried loosely or is readily identifiable, and is accompanied by the document required by paragraph (a)(1)(ii) of this section, or

(ii) The fish or wildlife is otherwise packaged and marked in accordance with this subpart.

(b) The requirements of §14.81 do not apply to containers or packages containing—

(1) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat, and karakul that have been bred and born in captivity, or their products, if a signed statement certifying that the animals were bred and born in captivity accompanies the shipping documents;

(2) Fish or shellfish contained in retail consumer packages labeled pursuant to the Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq. ; or

(3) Fish or shellfish that are landed by, and offloaded from, a fishing vessel (whether or not the catch has been carried by the fishing vessel interstate), as long as the fish or shellfish remain at the place where first offloaded.

(Approved by the Office of Management and Budget under control number 1018–0022)
[52 FR 45341, Nov. 27, 1987, as amended at 61 FR 31871, June 21, 1996]

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div5&view=text&node=50:1.0.1.2.8&idno=50


Everything you wanted to know about the Lacey Act but were afraid to ask.

http://www.fws.gov/pacific/news/2000/2000-98.htm

http://www.triplepundit.com/2008/06/the-lacey-act-protecting-american-wildlife/

 

[WingedWolf]

For those who find that hard to understand, it means that a complete list of contents, with the common and species name, must be accessible without opening the package--either written on the package, or on an invoice attached the package or in a pouch attached to the package. Conspicuous marking means you can't write it in 3/4 inch tall letters on the bottom of the box. Everyone who looks at the package is SUPPOSED to know that it contains live animals, that is the point.

 

[TripleMoonsExotic]

Don, that's the same thing I posted in post #27, the PDF (as it was provided to me by US F&W) is linked in that post as well and is the actual labeling requirements referenced in the Lacey Act for live animal shipments. Option #1 is what applies to our FedEx/UPS reptile shipments.

 

[bondoron]

For those who find that hard to understand, it means that a complete list of contents, with the common and species name, must be accessible without opening the package--either written on the package, or on an invoice attached the package or in a pouch attached to the package. Conspicuous marking means you can't write it in 3/4 inch tall letters on the bottom of the box. Everyone who looks at the package is SUPPOSED to know that it contains live animals, that is the point.

I disagree with this. Nowhere does it say what size or with what writing utensil to use. When it says conspicous it says can not say wildlife or fish as examples. So if you were shipping a mouse (lets say) you can't mark it as wildlife. There are a lot of people and big breeders that try not to make it obvious as to what is in the box. If a person picks up a box that is afraid of snakes and sees in big letters snake, that box is going for a ride. The shipping company is not going to be more careful if the box is labeled snake. However they may be less careful if they see snake on the box. IMO

 

[TripleMoonsExotic]

When it says conspicous it says can not say wildlife or fish as examples. So if you were shipping a mouse (lets say) you can't mark it as wildlife.

You are incorrect. Please read the US F&W document on labeling shipments linked in post #27 (the actual regulation pertinent to reptile shipping is actually in the post). You only need to mark the outside of the box "wildlife" or "fish," however you are allowed to mark it more detailed if you so choose.

So...

1) Box must be labeled at least "wildlife" or "fish"

2) Box must include a detailed invoice outlining the quantity and common name of the species enclosed

That's the law. End of story.

 

[CB Reptiles]

glad this is getting sorted out, it is important to get it straight for everyone involved.

 

[WingedWolf]

You may write 'Live Wildlife' or "Live Harmless Reptiles" on the box CONSPICUOUSLY.
Quantity, Common Name, AND SPECIES NAME must be included on the box or in an accompanying document. And this document must accompany the shipment in an easily accessible fashion, such as being attached to the package (not inside of it).
I don't think there is really so much ambiguity about the word 'conspicuous' that what I said was incorrect. Conspicuous means people will easily see it. If it's written on the bottom of the box in 1/4 inch letters, it is NOT conspicuous. In fact, if 'this end up' is obeyed, it should never be seen if you put it there. You can't hide the information on the box somewhere, because the point of writing it conspicuously is that people should not have to search for it.

Again, what is in the box should be easy for those handling the package to determine. It doesn't matter whether or not you like this, this is the LAW.

Arguments about whether the package will be handled better or worse because of it are irrelevant. You can either mark it properly, or be a criminal and force your customers to be criminals as well. As a customer, that isn't something I will put up with, and as a business owner, it's not something I would ever do to MY customers.

I can state I have not had any problems with properly marked boxes being mishandled. I have had problems with improperly marked boxes being mishandled. So speculation about what people will or will not do with boxes marked to contain reptiles is pointless--there isn't any evidence to support the idea that people will generally abuse them.
I'm sure it has happened before, but I'm also sure ordinary (non-animal) packages have shown up on my doorstep full of holes and looking like they were bounced down a flight of stairs.

Shipping is dangerous regardless. You do not have a legal choice about whether or not you mark what is in your packages. Mark them properly, or break the law.

 

[bondoron]

You are incorrect. Please read the US F&W document on labeling shipments linked in post #27 (the actual regulation pertinent to reptile shipping is actually in the post). You only need to mark the outside of the box "wildlife" or "fish," however you are allowed to mark it more detailed if you so choose.

So...

1) Box must be labeled at least "wildlife" or "fish"

2) Box must include a detailed invoice outlining the quantity and common name of the species enclosed

That's the law. End of story.

You are in fact correct. That blows my mind. I always thought that what was in the box had to be labeled more precisely.