A marking offense defined elsewhere
On this page11
There is a container offense and it is short
It is unlawful to import, export, or transport in interstate commerce any container or package containing any fish or wildlife unless the container or package has previously been plainly marked, labeled, or tagged.
Three verbs for the marking, which is a familiar pattern
Marked, labeled or tagged. A stencil, a printed label or a tie-on tag all satisfy it, in the same way the used oil storage rule accepts a mark or a label without specifying which.
Plainly is the only presentation requirement
No type size, no panel, no contrast, no position. Which puts it alongside the loosest presentation requirements described anywhere in this library.
And the content is not in this section
In accordance with the regulations issued pursuant to paragraph (2) of section 3376(a). So what must appear on the container is defined by a regulation this section points at and does not reproduce.
Which is the same borrowing the substantive limbs use
The offense is created here and the standard lives elsewhere. In the trade limbs it lives in another sovereign’s law; in the marking limb it lives in a federal regulation.
Previously is the word that fixes the timing
The container must have been marked before the import, export or transport. A label applied on arrival does not cure the offense, which makes the requirement about the state of the package at a moment.
That timing requirement is unusual among the label rules here
Most require a label to be present at sale, or to survive until a package is empty, or to last a product’s useful life. This one requires it to exist before a movement begins.
And the offense attaches to the container rather than to the contents
The unlawful thing is moving an unmarked container. Which makes it one of the few provisions in this library where the package is the subject of the prohibition rather than the carrier of a disclosure.
This library has now collected several relationships between a rule and a package
The package as an obstruction to be remedied. The package as a second surface for a product label. Packaging excluded outright. And here, the unmarked package as the offense itself.
None of which bears on a jar of swivels
No container on this shelf contains fish or wildlife and nothing on these pages suggests any of them may. The paragraph is described because it is the packaging half of the spine.