-CITE-

7 USC CHAPTER 69 - SWINE HEALTH PROTECTION 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 69 - SWINE HEALTH PROTECTION

.

-HEAD-

CHAPTER 69 - SWINE HEALTH PROTECTION

-MISC1-

Sec.

3801. Congressional findings and declaration of purpose.

3802. Definitions.

3803. Prohibition of certain garbage feeding; exemption.

3804. Permits to operate garbage treatment facility.

(a) Application; issuance.

(b) Cease and desist orders; suspension or revocation

orders; judicial review.

(c) Automatic revocation.

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.

3806. Criminal penalties.

3807. General enforcement provisions.

(a) Injunctions.

(b) Access to premises or facility and books and

records; examination; samples.

(c) Additional powers.

3808. Cooperation with States.

3809. Primary enforcement responsibility.

(a) State obligation.

(b) Inadequate enforcement or administration by

State; termination of responsibility by

Secretary.

(c) Request of State official.

(d) Emergency conditions.

3810. Repealed.

3811. Issuance of regulations; maintenance of records.

3812. Authority in addition to other laws; effect on State laws.

3813. Authorization of appropriations.

-CITE-

7 USC Sec. 3801 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 69 - SWINE HEALTH PROTECTION

-HEAD-

Sec. 3801. Congressional findings and declaration of purpose

-STATUTE-

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.

-SOURCE-

(Pub. L. 96-468, Sec. 2, Oct. 17, 1980, 94 Stat. 2229.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 96-468 provided: ''That this Act (enacting

this chapter) may be cited as the 'Swine Health Protection Act'.''

-CITE-

7 USC Sec. 3802 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 69 - SWINE HEALTH PROTECTION

-HEAD-

Sec. 3802. Definitions

-STATUTE-

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.

-SOURCE-

(Pub. L. 96-468, Sec. 3, Oct 17, 1980, 94 Stat. 2229; Pub. L.

96-592, title V, Sec. 511, Dec. 24, 1980, 94 Stat. 3451.)

-MISC1-

AMENDMENTS

1980 - Par. (4). Pub. L. 96-592 added par. (4).

-CITE-

7 USC Sec. 3803 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 69 - SWINE HEALTH PROTECTION

-HEAD-

Sec. 3803. Prohibition of certain garbage feeding; exemption

-STATUTE-

(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.

-SOURCE-

(Pub. L. 96-468, Sec. 4, Oct. 17, 1980, 94 Stat. 2230.)

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7 USC Sec. 3804 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 69 - SWINE HEALTH PROTECTION

-HEAD-

Sec. 3804. Permits to operate garbage treatment facility

-STATUTE-

(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

Whenever the Secretary finds, after notice and opportunity for a

hearing on the record in accordance with sections 554 and 556 of

title 5, that any person holding a permit to operate a facility to

treat garbage in any State is violating or has violated this

chapter or any regulation of the Secretary issued hereunder, the

Secretary may issue an order requiring such person to cease and

desist from continuing such violations or an order suspending or

revoking such permit, or both. Any person aggrieved by an order of

the Secretary issued pursuant to this subsection may, within sixty

days after entry of such order, seek review of such order in the

appropriate United States court of appeals in accordance with the

provisions of sections 2341, 2343 through 2350 of title 28, and

such court shall have jurisdiction to enjoin, set aside, suspend

(in whole or in part), or to determine the validity of the

Secretary's order. Judicial review of any such order shall be upon

the record upon which the determination and order are based.

(c) Automatic revocation

The permit of any person to operate a facility to treat garbage

in any State shall be automatically revoked, without action of the

Secretary, upon the final effective date of the second conviction

of such person pursuant to section 3806 of this title.

-SOURCE-

(Pub. L. 96-468, Sec. 5, Oct. 17, 1980, 94 Stat. 2230.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3806 of this title.

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7 USC Sec. 3805 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 69 - SWINE HEALTH PROTECTION

-HEAD-

Sec. 3805. Civil penalties

-STATUTE-

(a) Assessment by Secretary

Any person who the Secretary determines, after notice and

opportunity for a hearing on the record in accordance with sections

554 and 556 of title 5, is violating or has violated any provision

of this chapter or any regulation of the Secretary issued

hereunder, other than a violation for which a criminal penalty has

been imposed under this chapter, may be assessed a civil penalty by

the Secretary of not more than $10,000 for each such violation.

Each offense shall be a separate violation. The amount of such

civil penalty shall be assessed by the Secretary by written order,

taking into account the gravity of the violation, degree of

culpability, and history of prior offenses; and may be reviewed

only as provided in subsection (b) of this section.

(b) Judicial review

The determination and order of the Secretary with respect thereto

imposing a civil penalty under this section shall be final and

conclusive unless the person against whom such an order is issued

files application for judicial review within sixty days after entry

of such order in the appropriate United States court of appeals in

accordance with the provisions of sections 2341, 2343 through 2350

of title 28, and such court shall have jurisdiction to enjoin, set

aside, suspend (in whole or in part), or to determine the validity

of the Secretary's order. Judicial review of any such order shall

be upon the record upon which the determination and order are

based.

(c) Collection action by Attorney General

If any person fails to pay a civil penalty under a final order of

the Secretary, the Secretary shall refer the matter to the Attorney

General, who shall institute a civil action to recover the amount

assessed in any appropriate district court of the United States. In

such collection action, the validity and appropriateness of the

Secretary's order imposing the civil penalty shall not be subject

to review.

(d) Payment into United States Treasury

All penalties collected under authority of this section shall be

paid into the Treasury of the United States.

(e) Compromise, modification, or remittance

The Secretary may, in his discretion, compromise, modify, or

remit, with or without conditions, any civil penalty assessed under

this chapter.

-SOURCE-

(Pub. L. 96-468, Sec. 6, Oct. 17, 1980, 94 Stat. 2231.)

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7 USC Sec. 3806 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 69 - SWINE HEALTH PROTECTION

-HEAD-

Sec. 3806. Criminal penalties

-STATUTE-

(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.

-SOURCE-

(Pub. L. 96-468, Sec. 7, Oct. 17, 1980, 94 Stat. 2231.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3804 of this title.

-CITE-

7 USC Sec. 3807 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 69 - SWINE HEALTH PROTECTION

-HEAD-

Sec. 3807. General enforcement provisions

-STATUTE-

(a) Injunctions

The Attorney General, upon the request of the Secretary, shall

bring an action to enjoin the violation of, or to compel compliance

with, any provision of this chapter or any regulation issued by the

Secretary hereunder by any person. Such action shall be brought in

the appropriate United States district court for the judicial

district in which such person resides or transacts business or in

which the violation or omission has occurred or is about to occur.

Process in such cases may be served in any judicial district

wherein the defendant resides or transacts business or wherever the

defendant may be found.

(b) Access to premises or facility and books and records;

examination; samples

Any person subject to the provisions of this chapter shall, at

all reasonable times, upon notice by a duly authorized

representative of the Secretary, afford such representative access

to his premises or facility and opportunity to examine the premises

or facility, the garbage there at, and books and records thereof,

to copy all such books and records and to take reasonable sample of

such garbage.

(c) Additional powers

For the efficient execution of the provisions of this chapter,

and in order to provide information for the use of Congress, the

provisions (including penalties) of sections 46 and 48 through 50

of title 15, are made applicable to the jurisdiction, powers, and

duties of the Secretary in enforcing the provisions of this chapter

and to any person subject to the provisions of this chapter,

whether or not a corporation. The Secretary, in person or by such

agents as he may designate, may prosecute any inquiry necessary to

his duties under this chapter in any part of the United States.

-SOURCE-

(Pub. L. 96-468, Sec. 8, Oct. 17, 1980, 94 Stat. 2232.)

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7 USC Sec. 3808 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 69 - SWINE HEALTH PROTECTION

-HEAD-

Sec. 3808. Cooperation with States

-STATUTE-

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.

-SOURCE-

(Pub. L. 96-468, Sec. 9, Oct. 17, 1980, 94 Stat. 2232.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3803, 3804 of this title.

-CITE-

7 USC Sec. 3809 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 69 - SWINE HEALTH PROTECTION

-HEAD-

Sec. 3809. Primary enforcement responsibility

-STATUTE-

(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) of this section, 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

Whenever the Secretary determines that a State having primary

enforcement responsibility pursuant to this section does not have

adequate laws or regulations or is not effectively enforcing such

laws or regulations, the Secretary shall notify the State. Such

notice shall specify those aspects of the administration or

enforcement of the State program that are determined to be

inadequate. The State shall have ninety days after receipt of the

notice to correct any deficiencies. If after that time the

Secretary determines that the State program remains inadequate, the

Secretary may terminate, in whole or in part, the State's primary

enforcement responsibility under this chapter.

(c) Request of State official

(1) In general

On request of the Governor or other appropriate official of a

State, the Secretary may terminate, effective as soon as the

Secretary determines is practicable, the primary enforcement

responsibility of a State under subsection (a) of this section.

In terminating the primary enforcement responsibility under this

subsection, the Secretary shall work with the appropriate State

official to determine the level of support to be provided to the

Secretary by the State under this chapter.

(2) Reassumption

Nothing in this subsection shall prevent a State from

reassuming primary enforcement responsibility if the Secretary

determines that the State meets the requirements of subsection

(a) of this section.

(d) Emergency conditions

Nothing in this section shall limit the authority of the

Secretary to enforce this chapter whenever the Secretary determines

that emergency conditions exist that require immediate action on

the part of the Secretary and the State authority is unwilling or

unable adequately to respond to the emergency.

-SOURCE-

(Pub. L. 96-468, Sec. 10, Oct. 17, 1980, 94 Stat. 2233; Pub. L.

104-127, title IX, Sec. 914(a), Apr. 4, 1996, 110 Stat. 1186.)

-MISC1-

AMENDMENTS

1996 - Subsecs. (c), (d). Pub. L. 104-127 added subsec. (c) and

redesignated former subsec. (c) as (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3803, 3804 of this title.

-CITE-

7 USC Sec. 3810 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 69 - SWINE HEALTH PROTECTION

-HEAD-

Sec. 3810. Repealed. Pub. L. 104-127, title IX, Sec. 914(b)(1),

Apr. 4, 1996, 110 Stat. 1186

-MISC1-

Section, Pub. L. 96-468, Sec. 11, Oct. 17, 1980, 94 Stat. 2233,

authorized Secretary to appoint and consult with advisory

committees concerning matters within scope of this chapter.

-CITE-

7 USC Sec. 3811 01/06/03

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CHAPTER 69 - SWINE HEALTH PROTECTION

-HEAD-

Sec. 3811. Issuance of regulations; maintenance of records

-STATUTE-

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.

-SOURCE-

(Pub. L. 96-468, Sec. 11, formerly Sec. 12, Oct. 17, 1980, 94 Stat.

2233; renumbered Sec. 11, Pub. L. 104-127, title IX, Sec.

914(b)(2), Apr. 4, 1996, 110 Stat. 1186.)

-MISC1-

PRIOR PROVISIONS

A prior section 11 of Pub. L. 96-468 was classified to section

3810 of this title prior to repeal by Pub. L. 104-127.

-CITE-

7 USC Sec. 3812 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 69 - SWINE HEALTH PROTECTION

-HEAD-

Sec. 3812. Authority in addition to other laws; effect on State

laws

-STATUTE-

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.

-SOURCE-

(Pub. L. 96-468, Sec. 12, formerly Sec. 13, Oct. 17, 1980, 94 Stat.

2233; renumbered Sec. 12, Pub. L. 104-127, title IX, Sec.

914(b)(2), Apr. 4, 1996, 110 Stat. 1186.)

-MISC1-

PRIOR PROVISIONS

A prior section 12 of Pub. L. 96-468 was renumbered section 11

and is classified to section 3811 of this title.

-CITE-

7 USC Sec. 3813 01/06/03

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TITLE 7 - AGRICULTURE

CHAPTER 69 - SWINE HEALTH PROTECTION

-HEAD-

Sec. 3813. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated such sums as may

be necessary to carry out the provisions of this chapter.

-SOURCE-

(Pub. L. 96-468, Sec. 13, formerly Sec. 14, Oct. 17, 1980, 94 Stat.

2234; renumbered Sec. 13, Pub. L. 104-127, title IX, Sec.

914(b)(2), Apr. 4, 1996, 110 Stat. 1186.)

-MISC1-

PRIOR PROVISIONS

A prior section 13 of Pub. L. 96-468 was renumbered section 12

and is classified to section 3812 of this title.

-CITE-