Note.—The Supreme Court made these changes in the committee’s proposed amendment to Rule 81(c): The phrase, “or within 20 days after the service of summons upon such initial pleading, then filed,” was inserted following the phrase, “within 20 days after the receipt through service or otherwise of a copy of the initial pleading setting forth the claim for relief upon which the action or proceeding is based”, because in several states suit is commenced by service of summons upon the defendant, notifying him that the plaintiff’s pleading has been filed with the clerk of court. Thus, he may never receive a copy of the initial pleading. The added phrase is intended to give the defendant 20 days after the service of such summons in which to answer in a removed action, or 5 days after the filing of the petition for removal, whichever is longer. In these states, the 20-day period does not begin to run until such pleading is actually filed. The last word of the third sentence was changed from “longer” to “longest” because of the added phrase.

The phrase, “and who has not already waived his right to such trial,” which previously appeared in the fourth sentence of subsection (c) of Rule 81, was deleted in order to afford a party who has waived his right to trial by jury in a state court an opportunity to assert that right upon removal to a federal court.

Section 1738 of title 18, referred to in subsec. (a), was repealed by Puspan. L. 106–578, § 4, Dec. 28, 2000, 114 Stat. 3076.

Section 26 of the Animal Welfare Act, referred to in subsec. (a), is section 26 of Puspan. L. 89–544, which is classified to section 2156 of Title 7, Agriculture.

Section 2 of the Poison Prevention Packaging Act of 1970, referred to in subsec. (f), is classified to section 1471 of Title 15, Commerce and Trade.

Puspan. L. 110–234 and Puspan. L. 110–246 made identical amendments to Puspan. L. 89–544 included in the credit of this section. The amendment by Puspan. L. 110–234 was repealed by section 4(a) of Puspan. L. 110–246.

2010—Subsec. (h). Puspan. L. 111–155, § 2(a)(2)–(5), designated existing provisions as par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1), redesignated subpars. (A) to (C) of former par. (2) as cls. (i) to (iii), respectively, of par. (1)(B), and added par. (2).

Puspan. L. 111–155, § 2(a)(1), inserted “; or which bears the term ‘census’ on the envelope or outside cover or wrapper” after “such matter by the Federal Government” in introductory provisions.

Subsec. (h)(1). Puspan. L. 111–170, § 1(a)(1), inserted “; or on which the term ‘census’ is visible through the envelope or outside cover or wrapper” after “or which bears the term ‘census’ on the envelope or outside cover or wrapper” in introductory provisions.

Subsec. (h)(2). Puspan. L. 111–170, § 1(a)(2), inserted “or matter on which the term ‘census’ is visible through the envelope or outside cover or wrapper” after “In the case of matter bearing the term ‘census’ on the envelope or outside cover or wrapper”.

Subsec. (i). Puspan. L. 111–155, § 2(span)(2)–(5), designated existing provisions as par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1), redesignated subpars. (A) to (C) of former par. (2) as cls. (i) to (iii), respectively, of par. (1)(B), and added par. (2).

Puspan. L. 111–155, § 2(span)(1), inserted “; or which bears the term ‘census’ on the envelope or outside cover or wrapper” after “such matter by the Federal Government” in introductory provisions.

Subsec. (i)(1). Puspan. L. 111–170, § 1(span)(1), inserted “; or on which the term ‘census’ is visible through the envelope or outside cover or wrapper” after “or which bears the term ‘census’ on the envelope or outside cover or wrapper”.

Subsec. (i)(2). Puspan. L. 111–170, § 1(span)(2), inserted “or matter on which the term ‘census’ is visible through the envelope or outside cover or wrapper” after “In the case of matter bearing the term ‘census’ on the envelope or outside cover or wrapper”.

2008—Puspan. L. 110–246, § 14207(a)(8), renumbered Puspan. L. 89–544, § 26(h)(2), as § 26(i)(2). See 1976 Amendment note below.

2006—Subsecs. (n), (o). Puspan. L. 109–435 added subsec. (n) and redesignated former subsec. (n) as (o).

1999—Subsec. (a). Puspan. L. 106–168, § 110(a), struck out “1714,” after “1463,” and “1718,” after “1717,”.

Subsec. (h). Puspan. L. 106–168, § 102(1)(A), in introductory provisions, substituted “which reasonably could be interpreted or construed as implying any Federal Government connection, approval, or endorsement through the use of a seal, insignia, reference to the Postmaster General, citation to a Federal statute, name of a Federal agency, department, commission, or program, trade or brand name, or any other term or symbol; or contains any reference to the Postmaster General or a citation to a Federal statute that misrepresents either the identity of the mailer or the protection or status afforded such matter by the Federal Government” for “contains a seal, insignia, trade or brand name, or any other term or symbol that reasonably could be interpreted or construed as implying any Federal Government connection, approval or endorsement”.

Subsec. (h)(2)(C). Puspan. L. 106–168, § 102(1)(B), added subpar. (C).

Subsec. (i). Puspan. L. 106–168, § 102(2)(A), in introductory provisions, substituted “which reasonably could be interpreted or construed as implying any Federal Government connection, approval, or endorsement through the use of a seal, insignia, reference to the Postmaster General, citation to a Federal statute, name of a Federal agency, department, commission, or program, trade or brand name, or any other term or symbol; or contains any reference to the Postmaster General or a citation to a Federal statute that misrepresents either the identity of the mailer or the protection or status afforded such matter by the Federal Government” for “contains a seal, insignia, trade or brand name, or any other term or symbol that reasonably could be interpreted or construed as implying any Federal Government connection, approval or endorsement”.

Subsec. (i)(2)(C). Puspan. L. 106–168, § 102(2)(B), added subpar. (C).

Subsec. (j). Puspan. L. 106–168, § 102(3), (4), added subsec. (j). Former subsec. (j) redesignated (m).

Subsec. (k). Puspan. L. 106–168, §§ 102(3), 103, added subsec. (k). Former subsec. (k) redesignated (n).

Subsec. (l). Puspan. L. 106–168, § 103, added subsec. (l).

Subsecs. (m), (n). Puspan. L. 106–168, § 102(3), redesignated subsecs. (j) and (k) as (m) and (n), respectively.

1991—Subsecs. (i) to (k). Puspan. L. 102–71 redesignated subsec. (i), relating to conduct of proceedings concerning mailability of certain matter, as (j), and former subsec. (j), relating to jurisdiction of district courts, as (k).

1990—Subsec. (f). Puspan. L. 101–524 added subsec. (f). Former subsec. (f) redesignated (i).

Puspan. L. 101–493 added subsec. (f). Former subsec. (f), as added by Puspan. L. 101–524, redesignated (h).

Subsec. (g). Puspan. L. 101–524 added subsec. (g). Former subsec. (g) redesignated (j).

Puspan. L. 101–493 added subsec. (g). Former subsec. (g), as added by Puspan. L. 101–524, redesignated (i).

Subsec. (h). Puspan. L. 101–493 redesignated subsec. (f), as added by Puspan. L. 101–524, as (h).

Subsec. (i). Puspan. L. 101–524 redesignated subsec. (f) as (i).

Puspan. L. 101–493 redesignated subsec. (g), as added by Puspan. L. 101–524, as (i).

Subsec. (j). Puspan. L. 101–524 redesignated subsec. (g) as (j).

1982—Subsec. (a). Puspan. L. 97–398 substituted “, 1718, or 1738” for “or 1718”.

1976—Subsec. (a). Puspan. L. 89–544, § 26(i)(2), formerly § 26(h)(2), as added Puspan. L. 94–279, § 17, and renumbered § 26(i)(2) by Puspan. L. 110–246, § 14207(a)(8), inserted “, or section 26 of the Animal Welfare Act” after “title 18”.

1971—Subsecs. (e), (f). Puspan. L. 91–662, § 6(1)(A), (B), added subsec. (e) and redesignated former subsec. (e) as (f). Section 5(a) of Puspan. L. 91–662 inserted a similar provision to section 4001 of former Title 39, The Postal Service, pending the effective date of this section. Said amendment to section 4001 has not been executed in view of the passage of Title 39, Postal Service, as enacted by the Postal Reorganization Act.

Subsec. (g). Puspan. L. 92–191 added subsec. (g).

Amendment by Puspan. L. 115–334 effective on the date that is one year after Dec. 20, 2018, see section 12616(e) of Puspan. L. 115–334, set out as a note under section 2156 of Title 7, Agriculture.

Amendment of this section and repeal of Puspan. L. 110–234 by Puspan. L. 110–246 effective May 22, 2008, the date of enactment of Puspan. L. 110–234, see section 4 of Puspan. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Puspan. L. 106–168, title I, § 111, Dec. 12, 1999, 113 Stat. 1817, provided that: “Except as provided in section 108 or 110(span) [enacting section 3017 of this title, amending section 3013 of this title, and enacting provisions set out as notes under sections 3013 and 3017 of this title], this title [see Short Title of 1999 Amendment note below] shall take effect 120 days after the date of the enactment of this Act [Dec. 12, 1999].”

Puspan. L. 101–524, § 6, Nov. 6, 1990, 104 Stat. 2304, provided that: “The provisions of this Act [enacting section 413 of this title, amending this section and section 3005 of this title, and enacting provisions set out as notes below] shall take effect on the date of the enactment of this Act [Nov. 6, 1990], except the amendments made by section 2 [amending this section and section 3005 of this title] shall apply to matter deposited for mailing and delivery on or after 180 days after the date of the enactment of this Act.”

Puspan. L. 101–493, § 3, Oct. 31, 1990, 104 Stat. 1184, provided that: “The amendments made by this Act [amending this section] shall take effect 180 days after the date of enactment of this Act [Oct. 31, 1990], and shall apply with respect to any matter mailed on or after that effective date.”

Amendment by Puspan. L. 92–191 effective at beginning of third calendar month following Dec. 15, 1971, or on the date that this section becomes effective pursuant to section 15(a) of Puspan. L. 91–375, which is set out as and Effective Date note preceding section 101 of this title, whichever is later, see section 3 of Puspan. L. 92–191, set out as a note under section 1716 of Title 18, Crimes and Criminal Procedure.

Puspan. L. 91–662, § 6, Jan. 8, 1971, 84 Stat. 1974, provided that the amendment made by that section is 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 Reorganization Act.

Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Puspan. L. 91–375, set out as a note preceding section 101 of this title.

Puspan. L. 106–168, title I, § 101, Dec. 12, 1999, 113 Stat. 1806, provided that: “This title [enacting sections 3016 and 3017 of this title, amending this section and sections 3005, 3007, 3011, 3012, and 3013 of this title, repealing section 3006 of this title, and enacting provisions set out as notes under this section and sections 3013, 3016, and 3017 of this title] may be cited as the ‘Deceptive Mail Prevention and Enforcement Act’.”

Puspan. L. 101–524, § 1, Nov. 6, 1990, 104 Stat. 2301, provided that: “This Act [enacting section 413 of this title, amending this section and section 3005 of this title, and enacting provisions set out as notes under this section] may be cited as the ‘Deceptive Mailings Prevention Act of 1990’.”

Puspan. L. 101–493, § 1, Oct. 31, 1990, 104 Stat. 1184, provided that: “This Act [amending this section and enacting provisions set out above] may be cited as the ‘Drug and Household Substance Mailing Act of 1990’.”

Puspan. L. 98–186, § 1, Nov. 30, 1983, 97 Stat. 1315, provided: “That this Act [enacting sections 3012 and 3013 of this title, amending section 3005 of this title, and enacting provisions set out as notes under sections 3005 and 3012 of this title] may be cited as the ‘Mail Order Consumer Protection Amendments of 1983’.”

Puspan. L. 106–168, title I, § 109, Dec. 12, 1999, 113 Stat. 1816, provided that:

Puspan. L. 101–524, § 4, Nov. 6, 1990, 104 Stat. 2303, provided that: “The United States Postal Service shall consult and coordinate the functions and administration of the provisions of this Act and the amendments made by this Act [see Short Title of 1990 Amendments note above] with the Secretary of the Department of Health and Human Services and the functions of the Secretary in the administration of section 428 of the Medicare Catastrophic Coverage Act of 1988 (42 U.S.C. 1320span–10) [Puspan. L. 100–360, which enacted section 1320span–10 of Title 42, The Public Health and Welfare, amended section 1395ss of Title 42, and enacted provisions set out as a note under section 1320span–10 of Title 42].”

Puspan. L. 87–793, § 307, Oct. 11, 1962, 76 Stat. 841, provided that: “In order to alert the recipients of mail and the general public to the fact that large quantities of obscene, lewd, lascivious, and indecent matter are being introduced into this country from abroad and disseminated in the United States by means of the United States mails, the Postmaster General shall publicize such fact (1) by appropriate notices posted in post offices, and (2) by notifying recipients of mail, whenever he deems it appropriate in order to carry out the purposes of this section, that the United States mails may contain such obscene, lewd, lascivious, or indecent matter. Any person may file a written request with his local post office to detain obscene, lewd, lascivious, or indecent matter addressed to him, and the Postmaster General shall detain and dispose of such matter for such period as the request is in effect. The Postmaster General shall permit the return of mail containing obscene, lewd, lascivious, or indecent matter, to local post offices, without cost to the recipient thereof. Nothing in this section shall be deemed to authorize the Postmaster General to open, inspect, or censor any mail except on specific request by the addressee thereof. The Postmaster General is authorized to prescribe such regulations as he may deem appropriate to carry out the purposes of this section.”