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B Questions and Answers Content-Based Restrictions

Q. May our authorized organization mail material at the Nonprofit Standard Mail rates if it includes an advertisement for our periodical publication?

A. Yes, if the advertised periodical publication meets at least one of these tests:

· The publication is either currently authorized to be mailed at Periodicals rates or it could be authorized at Periodicals Mail rates if the qualifications for those rates were applied.

· The publication is substantially related to the organization's purposes.

· The advertisement for the publication appears in a mailpiece that meets the content requirements for a periodical publication.

Q. Are my authorized organization's periodical publications eligible for mailing at the Nonprofit Standard Mail rates?

A. Periodical publications can be considered products, subject to the content-based restrictions for products. If your publications are considered products, they might be eligible for mailing at the Nonprofit Standard Mail rates if they do not contain ineligible advertisements, are not cooperative mailings, and meet at least one of these statutory product provisions:

· The publications are low-cost items.

· The publications are donated items.

· The publications are eligible for Periodicals authorizations but have not been authorized to mail at those rates.

Q. Are advertisements in material that meets the "content requirements for a periodical publication" required to be substantially related to the authorized organization's purposes?

A. No. The rules exempt advertisements from being substantially related to the organization's purposes if the advertisements are printed in material that meets the content requirements for a periodical publication, as prescribed by the Postal Service. Advertisements for credit cards, however, are always prohibited. And advertisements for insurance policies and travel arrangements are permitted only under restricted situations.

Q. May my authorized organization acknowledge contributors, donors, and sponsors in material mailed at the Nonprofit Standard Mail rates?

A. Yes. The rules permit organizations to acknowledge contributors, donors, and sponsors if no advertising is associated with the acknowledgment. The acknowledgment may include the name of the sponsor, donor, or contributor and any company logo. If the acknowledgment includes advertising (for example, a description of the sponsor's products), the acknowledgment is subject to the applicable advertising restrictions and prohibitions.

Q. If low-cost products are advertised in material that does not meet the content requirements for a periodical publication, must the products be substantially related to the authorized organization's purposes?

A. Yes. The low-cost provision pertains only to the product restrictions, not to advertising restrictions. However, if the low-cost products are advertised in material that meets the content requirements for a periodical publication, the low-cost items do not have to be substantially related to one or more of the organization's purposes.

Q. Do advertisements for products donated to my authorized organization qualify for mailing at the Nonprofit Standard Mail rates?

A. Yes. The rules state that products and services received by an organization as donations or gifts are considered substantially related to one or more of the organization's purposes.

Q. Are the exceptions to the rules against mailing advertisements for products and services at the Nonprofit Standard Mail rates different from the exceptions to the rules against mailing products at these rates?

A. Yes. The law establishes different rules for each. For example, although it might be important under the advertising restrictions whether the advertised product is substantially related to the authorized organization's purposes, the product restrictions do not contain a similar rule.

Q. Is a periodical publication eligible for mailing at the Nonprofit Standard Mail rates if it is considered a product and costs the authorized organization more than the amount specified for a low-cost item?

A. Yes, but only if the publication meets one of the other statutory product provisions (that is, the publication is received as a donation or it meets the Periodicals eligibility requirements but is not authorized as a Periodicals publication) and contains no ineligible advertisements.

Q. May my authorized organization advertise its affinity card in material mailed at the Nonprofit Standard Mail rates if the card generates income used to accomplish the organization's primary purposes?

A. No. The rules prohibit mailing affinity card advertisements at the Nonprofit Standard Mail rates. There are no exceptions to this restriction. The rules, however, permit your organization to announce the availability of its affinity card as a membership benefit in material mailed at the Nonprofit Standard Mail rates if no advertising is included in the announcement. (For example, "Members may apply for the affinity card. Write for more information.")

Q. My authorized organization offers automobile insurance as a membership benefit. May the insurance policy be advertised in material mailed at the Nonprofit Standard Mail rates?

A. No. Insurance that is otherwise commercially available (for example, life insurance, fire insurance, or automobile insurance) may not be advertised in material mailed at the Nonprofit Standard Mail rates. The rules, however, permit your organization to announce the availability of insurance as a membership benefit in material mailed at the Nonprofit Standard Mail rates if no advertising is included in the announcement.