Criminal Penalties Set : New Law Bars Mailing of Quarantined Foods

People who send packages containing fruit flies or other dangerous pests may face a year in jail, a $1,000 fine or both under a new federal law outlined in Anaheim on Tuesday.

In an effort to prevent another invasion of exotic pests into California, President Reagan has signed a bill making the sending of quarantined fruits and vegetables by first-class mail a criminal offense.

The law gives U.S. Postal Service workers authority to open suspicious, first-class packages with the permission of the receiver or with a search warrant. Previously, the legal protection given domestic first-class mail prevented the inspection of packages, even if there were obvious signs they contained quarantined items.

Pests Costly

“We appreciate this change,” Jim Harnett, Orange County agricultural commissioner, said at a press conference Tuesday. “Previous infestations have been extremely costly to taxpayers.”

Under the new law, quarantined fruits and vegetables will be classified as non-mailable by first-class mail, just as drugs, explosives and firearms are now classified. A violation could be either a misdemeanor or a felony.

Harnett also said he hoped that the law would encourage recipients of suspicious packages to call inspectors. “We would prefer to have them understand the law and cooperate,” rather than resort to prosecuting senders.

Larvae Found

Agricultural officials had been particularly concerned about packages sent from Hawaii, Puerto Rico and U.S. territories, which were protected against inspection by law. First-class packages in international mail may be opened under U.S. Customs laws. During the past year, postal workers in Santa Ana found more than 250 live Mediterranean and Oriental fruit fly larvae in packages that were disintegrating or leaking fruit juice.

Since 1980, more than $110 million has been spent on programs to eradicate fruit flies in California by the California Department of Food and Agriculture and the U.S. Department of Food and Agriculture.

The new law was co-authored by Rep. Charles Pashayan Jr. (R-Fresno) and Rep. Tony Coelho (D-Merced).