Collapse to view only § 3804. Permits to operate garbage treatment facility
- § 3801. Congressional findings and declaration of purpose
- § 3802. Definitions
- § 3803. Prohibition of certain garbage feeding; exemption
- § 3804. Permits to operate garbage treatment facility
- § 3805. Civil penalties
- § 3806. Criminal penalties
- § 3807. General enforcement provisions
- § 3808. Cooperation with States
- § 3809. Primary enforcement responsibility
- § 3810. Repealed.
- § 3811. Issuance of regulations; maintenance of records
- § 3812. Authority in addition to other laws; effect on State laws
- § 3813. Authorization of appropriations
§ 3801. Congressional findings and declaration of purpose
The Congress hereby finds and declares that—
(1) raw garbage is one of the primary media through which numerous infectious or communicable diseases of swine are transmitted;
(2) if certain exotic animal diseases, such as foot-and-mouth disease, African swine fever, hog cholera, and swine vesicular diseases, gain entrance into the United States, such diseases may be spread through the medium of raw or improperly treated garbage which is fed to swine;
(3) African swine fever, which is potentially the most dangerous and destructive of all communicable swine diseases, has been confirmed in several countries of the Western Hemisphere, including the Dominican Republic, Haiti, and Cuba;
(4) swine in the United States have no resistance to any of such exotic diseases and in the case of African swine fever there is a particular danger because there are no effective vaccines to this deadly disease;
(5) all articles and animals which are regulated under this chapter are either in interstate or foreign commerce or substantially affect such commerce, and regulation by the Secretary and cooperation by the States and other jurisdictions as contemplated by this chapter are necessary to prevent and eliminate burdens upon such commerce, to effectively regulate such commerce, and to protect the health and welfare of the people of the United States;
(6) the interstate and foreign commerce in swine and swine products and producers and consumers of pork products could be severely injured economically if any exotic animal diseases, particularly African swine fever, enter this country;
(7) it is impossible to assure that all garbage fed to swine is properly treated to kill disease organisms unless such treatment is closely regulated;
(8) therefore, in order to protect the commerce of the United States and the health and welfare of the people of this country, it is necessary to regulate the treatment of garbage to be fed to swine and the feeding thereof in accordance with the provisions of this chapter.
(Pub. L. 96–468, § 2, Oct. 17, 1980, 94 Stat. 2229.)
§ 3802. Definitions
For purposes of this chapter—
(1) the term “Secretary” means the Secretary of Agriculture;
(2) the term “garbage” means all waste material derived in whole or in part from the meat of any animal (including fish and poultry) or other animal material, and other refuse of any character whatsoever that has been associated with any such material, resulting from the handling, preparation, cooking, or consumption of food, except that such term shall not include waste from ordinary household operations which is fed directly to swine on the same premises where such household is located;
(3) the term “person” means any individual, corporation, company, association, firm, partnership, society, or joint stock company or other legal entity; and
(4) the term “State” means the fifty States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands of the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.
(Pub. L. 96–468, § 3, Oct. 17, 1980, 94 Stat. 2229; Pub. L. 96–592, title V, § 511, Dec. 24, 1980, 94 Stat. 3451.)
§ 3803. Prohibition of certain garbage feeding; exemption
(a) No person shall feed or permit the feeding of garbage to swine except in accordance with subsection (b) of this section.
(b) Garbage may be fed to swine only if treated to kill disease organisms, in accordance with regulations issued by the Secretary, at a facility holding a valid permit issued by the Secretary, or the chief agricultural or animal health official of the State where located if such State has entered into an agreement with the Secretary pursuant to section 3808 of this title or has primary enforcement responsibility pursuant to section 3809 of this title. No person shall operate a facility for the treatment of garbage knowing it is to be fed to swine unless such person holds a valid permit issued pursuant to this chapter. The Secretary may exempt any facility or premises from the requirements of this section whenever the Secretary determines that there would not be a risk to the swine industry in the United States.
(Pub. L. 96–468, § 4, Oct. 17, 1980, 94 Stat. 2230.)
§ 3804. Permits to operate garbage treatment facility
(a) Application; issuance
Any person desiring to obtain a permit to operate a facility to treat garbage that is to be fed to swine shall apply therefor to (1) the Secretary, or (2) the chief agricultural or animal health official of the State where the facility is located if such State has entered into an agreement with the Secretary pursuant to section 3808 of this title or has primary enforcement responsibility pursuant to section 3809 of this title, and provide such information as the Secretary shall by regulation prescribe. No permit shall be issued unless the facility—
(1) meets such requirements as the Secretary shall prescribe to prevent the introduction or dissemination of any infectious or communicable disease of animals or poultry, and
(2) is so constructed that swine are unable to have access to untreated garbage of such facility or material coming in contact with such untreated garbage.
(b) Cease and desist orders; suspension or revocation orders; judicial review
(c) Automatic revocation
(Pub. L. 96–468, § 5, Oct. 17, 1980, 94 Stat. 2230.)
§ 3805. Civil penalties
(a) Assessment by Secretary
(b) Judicial review
(c) Collection action by Attorney General
(d) Payment into United States Treasury
(e) Compromise, modification, or remittance
(Pub. L. 96–468, § 6, Oct. 17, 1980, 94 Stat. 2231.)
§ 3806. Criminal penalties
(a) Whoever willfully violates any provision of this chapter or the regulations of the Secretary issued hereunder shall be guilty of a misdemeanor and shall be fined not more than $10,000, or imprisoned not more than one year, or both.
(b) Any person who fails to obey any order of the Secretary issued under the provisions of section 3804 of this title, or such order as modified—
(1) after the expiration of the time allowed for filing a petition in the court of appeals to review such order, if no such petition has been filed within such time; or
(2) after the expiration of the time allowed for applying for a writ of certiorari, if such order, or such order as modified, has been sustained by the court of appeals and no such writ has been applied for within such time; or
(3) after such order, or such order as modified, has been sustained by the courts as provided in section 3804(b) of this title;
shall on conviction be fined not more than $10,000, or imprisoned for not more than one year, or both. Each day during which such failure continues shall be deemed a separate offense.
(Pub. L. 96–468, § 7, Oct. 17, 1980, 94 Stat. 2231.)
§ 3807. General enforcement provisions
(a) Injunctions
(b) Access to premises or facility and books and records; examination; samples
(c) Additional powers
(Pub. L. 96–468, § 8, Oct. 17, 1980, 94 Stat. 2232.)
§ 3808. Cooperation with States
In order to avoid duplication of functions, facilities, and personnel, and to attain closer coordination and greater effectiveness and economy in administration of this chapter and State laws and regulations relating to the feeding of garbage to swine, the Secretary is authorized to enter into cooperative agreements with State departments of agriculture and other State agencies charged with the administration and enforcement of such State laws and regulations and to provide that any such State agency which has adequate facilities, personnel, and procedures, as determined by the Secretary, may assist the Secretary in the administration and enforcement of this chapter and regulations hereunder. The Secretary is further authorized to coordinate the administration of this chapter and regulations with such State laws and regulations whenever feasible: Provided, That nothing herein shall affect the jurisdiction of the Secretary under any other Federal law, or any authority to cooperate with State agencies or other agencies or persons under existing provisions of law, or affect any restrictions upon such cooperation.
(Pub. L. 96–468, § 9, Oct. 17, 1980, 94 Stat. 2232.)
§ 3809. Primary enforcement responsibility
(a) State obligation
For purposes of this chapter, a State shall have the primary enforcement responsibility for violations of laws and regulations relating to the treatment of garbage to be fed to swine and the feeding thereof during any period for which the Secretary determines that such State—
(1) has adopted adequate laws and regulations regulating the treatment of garbage to be fed to swine and the feeding thereof which laws and regulations meet the minimum standards of this chapter and the regulations hereunder: Provided, That the Secretary may not require a State to have laws that are more stringent than this chapter;
(2) has adopted and is implementing adequate procedures for the effective enforcement of such State laws and regulations; and
(3) will keep such records and make such reports showing compliance with paragraphs (1) and (2) of this subsection as the Secretary may require by regulation.
Except as provided in subsection (c), the Secretary shall not enforce this chapter or the regulations hereunder in any State which has primary enforcement responsibility pursuant to this section.
(b) Inadequate enforcement or administration by State; termination of responsibility by Secretary
(c) Request of State official
(1) In general
(2) Reassumption
(d) Emergency conditions
(Pub. L. 96–468, § 10, Oct. 17, 1980, 94 Stat. 2233; Pub. L. 104–127, title IX, § 914(a), Apr. 4, 1996, 110 Stat. 1186.)
§ 3810. Repealed. Pub. L. 104–127, title IX, § 914(b)(1), Apr. 4, 1996, 110 Stat. 1186
§ 3811. Issuance of regulations; maintenance of records
The Secretary is authorized to issue such regulations and to require the maintenance of such records as he deems necessary to carry out the provisions of this chapter.
(Pub. L. 96–468, § 11, formerly § 12, Oct. 17, 1980, 94 Stat. 2233; renumbered § 11, Pub. L. 104–127, title IX, § 914(b)(2), Apr. 4, 1996, 110 Stat. 1186.)
§ 3812. Authority in addition to other laws; effect on State laws
The authority conferred by this chapter shall be in addition to authority conferred by other statutes. Nothing in this chapter shall be construed to repeal or supersede any State law prohibiting the feeding of garbage to swine or to prohibit any State from enforcing requirements relating to the treatment of garbage to be fed to swine or the feeding thereof which are more stringent than those under this chapter or the regulations hereunder.
(Pub. L. 96–468, § 12, formerly § 13, Oct. 17, 1980, 94 Stat. 2233; renumbered § 12, Pub. L. 104–127, title IX, § 914(b)(2), Apr. 4, 1996, 110 Stat. 1186.)
§ 3813. Authorization of appropriations
There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter.
(Pub. L. 96–468, § 13, formerly § 14, Oct. 17, 1980, 94 Stat. 2234; renumbered § 13, Pub. L. 104–127, title IX, § 914(b)(2), Apr. 4, 1996, 110 Stat. 1186.)