---
kind: "range"
citation: "7 U.S.C. §§ 3801–3813"
title: "7"
from: "3801"
to: "3813"
count: 13
release: "119-102"
url: "https://uscodex.org/usc/7/3801..3813"
---

# §3801. Congressional findings and declaration of purpose


The Congress hereby finds and declares that—

- (1) raw [garbage](/usc/7/3802.md?p=2) is one of the primary media through which numerous infectious or communicable diseases of swine are transmitted;
- (2) if certain exotic [animal](/usc/7/8901.md?p=7) diseases, such as foot-and-mouth disease, African swine fever, hog cholera, and swine vesicular diseases, gain entrance into the [United States](/usc/7/6402.md?p=8), such diseases may be spread through the medium of raw or improperly treated [garbage](/usc/7/3802.md?p=2) 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](/usc/7/6402.md?p=8) 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](/usc/7/8901.md?p=7) which are regulated under this chapter are either in interstate or foreign commerce or substantially affect such commerce, and regulation by the [Secretary](/usc/7/3802.md?p=1) and cooperation by the [States](/usc/7/3802.md?p=4) 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](/usc/7/6402.md?p=8);
- (6) the interstate and foreign commerce in swine and swine products and [producers](/usc/7/6802.md?p=4-A-iii-III-bb) and consumers of pork products could be severely injured economically if any exotic [animal](/usc/7/8901.md?p=7) diseases, particularly African swine fever, enter this country;
- (7) it is impossible to assure that all [garbage](/usc/7/3802.md?p=2) fed to swine is properly treated to kill disease organisms unless such treatment is closely regulated;
- (8) therefore, in [order](/usc/7/2902.md?p=10) to protect the commerce of the [United States](/usc/7/6402.md?p=8) and the health and welfare of the people of this country, it is necessary to regulate the treatment of [garbage](/usc/7/3802.md?p=2) to be fed to swine and the feeding thereof in accordance with the provisions of this chapter.

# §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](/usc/7/8901.md?p=7) (including fish and poultry) or other [animal](/usc/7/8901.md?p=7) 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](/usc/7/1502.md?p=b-5), 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](/usc/7/6402.md?p=8), American Samoa, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the [United States](/usc/7/6402.md?p=8).

# §3803. Prohibition of certain garbage feeding; exemption

- (a) No [person](/usc/7/3802.md?p=3) shall feed or permit the feeding of [garbage](/usc/7/3802.md?p=2) to swine except in accordance with [subsection (b)](#b) of this section.
- (b) [Garbage](/usc/7/3802.md?p=2) may be fed to swine only if treated to kill disease organisms, in accordance with regulations issued by the [Secretary](/usc/7/3802.md?p=1), at a facility holding a valid permit issued by the [Secretary](/usc/7/3802.md?p=1), or the chief agricultural or [animal](/usc/7/8901.md?p=7) health official of the [State](/usc/7/3802.md?p=4) where located if such [State](/usc/7/3802.md?p=4) has entered into an agreement with the [Secretary](/usc/7/3802.md?p=1) pursuant to [section 3808 of this title](/usc/7/3808.md) or has primary enforcement responsibility pursuant to [section 3809 of this title](/usc/7/3809.md). No [person](/usc/7/3802.md?p=3) shall operate a facility for the treatment of [garbage](/usc/7/3802.md?p=2) knowing it is to be fed to swine unless such [person](/usc/7/3802.md?p=3) holds a valid permit issued pursuant to this chapter. The [Secretary](/usc/7/3802.md?p=1) may exempt any facility or premises from the requirements of this section whenever the [Secretary](/usc/7/3802.md?p=1) determines that there would not be a risk to the swine industry in the [United States](/usc/7/6402.md?p=8).

# §3804. Permits to operate garbage treatment facility

- (a) **Application; issuance—** Any [person](/usc/7/3802.md?p=3) desiring to obtain a permit to operate a facility to treat [garbage](/usc/7/3802.md?p=2) that is to be fed to swine shall apply therefor to (1) the [Secretary](/usc/7/3802.md?p=1), or (2) the chief agricultural or [animal](/usc/7/8901.md?p=7) health official of the [State](/usc/7/3802.md?p=4) where the facility is located if such [State](/usc/7/3802.md?p=4) has entered into an agreement with the [Secretary](/usc/7/3802.md?p=1) pursuant to [section 3808 of this title](/usc/7/3808.md) or has primary enforcement responsibility pursuant to [section 3809 of this title](/usc/7/3809.md), and provide such information as the [Secretary](/usc/7/3802.md?p=1) shall by regulation prescribe. No permit shall be issued unless the facility—
  - (1) meets such requirements as the [Secretary](/usc/7/3802.md?p=1) shall prescribe to prevent the introduction or dissemination of any infectious or communicable disease of [animals](/usc/7/8901.md?p=7) or poultry, and
  - (2) is so constructed that swine are unable to have access to untreated [garbage](/usc/7/3802.md?p=2) of such facility or material coming in contact with such untreated [garbage](/usc/7/3802.md?p=2).
- (b) **Cease and desist orders; suspension or revocation orders; judicial review—** Whenever the [Secretary](/usc/7/3802.md?p=1) finds, after notice and opportunity for a hearing on the record in accordance with sections [554](/usc/5/554.md) and [556](/usc/5/556.md) of title 5, that any [person](/usc/7/3802.md?p=3) holding a permit to operate a facility to treat [garbage](/usc/7/3802.md?p=2) in any [State](/usc/7/3802.md?p=4) is violating or has violated this chapter or any regulation of the [Secretary](/usc/7/3802.md?p=1) issued hereunder, the [Secretary](/usc/7/3802.md?p=1) may issue an [order](/usc/7/2902.md?p=10) requiring such [person](/usc/7/3802.md?p=3) to cease and desist from continuing such violations or an [order](/usc/7/2902.md?p=10) suspending or revoking such permit, or both. Any [person](/usc/7/3802.md?p=3) aggrieved by an [order](/usc/7/2902.md?p=10) of the [Secretary](/usc/7/3802.md?p=1) issued pursuant to this subsection may, within sixty days after entry of such [order](/usc/7/2902.md?p=10), seek review of such [order](/usc/7/2902.md?p=10) in the appropriate [United States](/usc/7/6402.md?p=8) court of appeals in accordance with the provisions of sections [2341](/usc/28/2341.md), [2343 through 2350](/usc/28/2343..2350.md) 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](/usc/7/3802.md?p=1)’s [order](/usc/7/2902.md?p=10). Judicial review of any such [order](/usc/7/2902.md?p=10) shall be upon the record upon which the determination and [order](/usc/7/2902.md?p=10) are based.
- (c) **Automatic revocation—** The permit of any [person](/usc/7/3802.md?p=3) to operate a facility to treat [garbage](/usc/7/3802.md?p=2) in any [State](/usc/7/3802.md?p=4) shall be automatically revoked, without action of the [Secretary](/usc/7/3802.md?p=1), upon the final effective date of the second conviction of such [person](/usc/7/3802.md?p=3) pursuant to [section 3806 of this title](/usc/7/3806.md).

# §3805. Civil penalties

- (a) **Assessment by Secretary—** Any [person](/usc/7/3802.md?p=3) who the [Secretary](/usc/7/3802.md?p=1) determines, after notice and opportunity for a hearing on the record in accordance with sections [554](/usc/5/554.md) and [556](/usc/5/556.md) of title 5, is violating or has violated any provision of this chapter or any regulation of the [Secretary](/usc/7/3802.md?p=1) 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](/usc/7/3802.md?p=1) 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](/usc/7/3802.md?p=1) by written [order](/usc/7/2902.md?p=10), 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)](#b) of this section.
- (b) **Judicial review—** The determination and [order](/usc/7/2902.md?p=10) of the [Secretary](/usc/7/3802.md?p=1) with respect thereto imposing a civil penalty under this section shall be final and conclusive unless the [person](/usc/7/3802.md?p=3) against whom such an [order](/usc/7/2902.md?p=10) is issued files application for judicial review within sixty days after entry of such [order](/usc/7/2902.md?p=10) in the appropriate [United States](/usc/7/6402.md?p=8) court of appeals in accordance with the provisions of sections [2341](/usc/28/2341.md), [2343 through 2350](/usc/28/2343..2350.md) 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](/usc/7/3802.md?p=1)’s [order](/usc/7/2902.md?p=10). Judicial review of any such [order](/usc/7/2902.md?p=10) shall be upon the record upon which the determination and [order](/usc/7/2902.md?p=10) are based.
- (c) **Collection action by Attorney General—** If any [person](/usc/7/3802.md?p=3) fails to pay a civil penalty under a final [order](/usc/7/2902.md?p=10) of the [Secretary](/usc/7/3802.md?p=1), the [Secretary](/usc/7/3802.md?p=1) shall refer the matter to the Attorney General, who shall [institute](/usc/7/4531.md?p=6) a civil action to recover the amount assessed in any appropriate district court of the [United States](/usc/7/6402.md?p=8). In such collection action, the validity and appropriateness of the [Secretary](/usc/7/3802.md?p=1)’s [order](/usc/7/2902.md?p=10) imposing the civil penalty shall not be subject to review.
- (d) **Payment into United States Treasury—** All penalties collected under [authority](/usc/7/2009aa.md?p=1) of this section shall be paid into the Treasury of the [United States](/usc/7/6402.md?p=8).
- (e) **Compromise, modification, or remittance—** The [Secretary](/usc/7/3802.md?p=1) may, in his discretion, compromise, modify, or remit, with or without conditions, any civil penalty assessed under this chapter.

# §3806. Criminal penalties

- (a) Whoever willfully violates any provision of this chapter or the regulations of the [Secretary](/usc/7/3802.md?p=1) 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](/usc/7/3802.md?p=3) who fails to obey any [order](/usc/7/2902.md?p=10) of the [Secretary](/usc/7/3802.md?p=1) issued under the provisions of [section 3804 of this title](/usc/7/3804.md), or such [order](/usc/7/2902.md?p=10) as modified—
  - (1) after the expiration of the time allowed for filing a petition in the court of appeals to review such [order](/usc/7/2902.md?p=10), 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](/usc/7/2902.md?p=10), or such [order](/usc/7/2902.md?p=10) 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](/usc/7/2902.md?p=10), or such [order](/usc/7/2902.md?p=10) as modified, has been sustained by the courts as provided in [section 3804(b) of this title](/usc/7/3804.md?p=b);

  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.


# §3807. General enforcement provisions

- (a) **Injunctions—** The Attorney General, upon the request of the [Secretary](/usc/7/3802.md?p=1), 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](/usc/7/3802.md?p=1) hereunder by any [person](/usc/7/3802.md?p=3). Such action shall be brought in the appropriate [United States](/usc/7/6402.md?p=8) district court for the judicial district in which such [person](/usc/7/3802.md?p=3) 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](/usc/7/3802.md?p=3) subject to the provisions of this chapter shall, at all reasonable times, upon notice by a duly authorized representative of the [Secretary](/usc/7/3802.md?p=1), afford such representative access to his premises or facility and opportunity to examine the premises or facility, the [garbage](/usc/7/3802.md?p=2) there at, and books and records thereof, to copy all such books and records and to take reasonable samples of such [garbage](/usc/7/3802.md?p=2).
- (c) **Additional powers—** For the efficient execution of the provisions of this chapter, and in [order](/usc/7/2902.md?p=10) to provide information for the use of Congress, the provisions (including penalties) of sections [46](/usc/15/46.md) and [48 through 50](/usc/15/48..50.md) of title 15, are made applicable to the jurisdiction, powers, and duties of the [Secretary](/usc/7/3802.md?p=1) in enforcing the provisions of this chapter and to any [person](/usc/7/3802.md?p=3) subject to the provisions of this chapter, whether or not a [corporation](/usc/7/1502.md?p=b-5). The [Secretary](/usc/7/3802.md?p=1), in [person](/usc/7/3802.md?p=3) 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](/usc/7/6402.md?p=8).

# §3808. Cooperation with States


In [order](/usc/7/2902.md?p=10) 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](/usc/7/3802.md?p=4) laws and regulations relating to the feeding of [garbage](/usc/7/3802.md?p=2) to swine, the [Secretary](/usc/7/3802.md?p=1) is authorized to enter into cooperative agreements with State departments of agriculture and other [State agencies](/usc/7/2012.md?p=s) charged with the administration and enforcement of such [State](/usc/7/3802.md?p=4) laws and regulations and to provide that any such [State agency](/usc/7/2012.md?p=s) which has adequate facilities, personnel, and procedures, as determined by the [Secretary](/usc/7/3802.md?p=1), may assist the [Secretary](/usc/7/3802.md?p=1) in the administration and enforcement of this chapter and regulations hereunder. The [Secretary](/usc/7/3802.md?p=1) is further authorized to coordinate the administration of this chapter and regulations with such [State](/usc/7/3802.md?p=4) laws and regulations whenever feasible: Provided, That nothing herein shall affect the jurisdiction of the [Secretary](/usc/7/3802.md?p=1) under any other Federal law, or any [authority](/usc/7/2009aa.md?p=1) to cooperate with [State agencies](/usc/7/2012.md?p=s) or other agencies or [persons](/usc/7/3802.md?p=3) under existing provisions of law, or affect any restrictions upon such cooperation.


# §3809. Primary enforcement responsibility

- (a) **State obligation—** For purposes of this chapter, a [State](/usc/7/3802.md?p=4) shall have the primary enforcement responsibility for violations of laws and regulations relating to the treatment of [garbage](/usc/7/3802.md?p=2) to be fed to swine and the feeding thereof during any period for which the [Secretary](/usc/7/3802.md?p=1) determines that such [State](/usc/7/3802.md?p=4)—
  - (1) has adopted adequate laws and regulations regulating the treatment of [garbage](/usc/7/3802.md?p=2) 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](/usc/7/3802.md?p=1) may not require a [State](/usc/7/3802.md?p=4) 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](/usc/7/3802.md?p=4) 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](/usc/7/3802.md?p=1) may require by regulation.

  Except as provided in [subsection (c)](#c), the [Secretary](/usc/7/3802.md?p=1) shall not enforce this chapter or the regulations hereunder in any [State](/usc/7/3802.md?p=4) which has primary enforcement responsibility pursuant to this section.

- (b) **Inadequate enforcement or administration by State; termination of responsibility by Secretary—** Whenever the [Secretary](/usc/7/3802.md?p=1) determines that a [State](/usc/7/3802.md?p=4) 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](/usc/7/3802.md?p=1) shall notify the [State](/usc/7/3802.md?p=4). Such notice shall specify those aspects of the administration or enforcement of the [State](/usc/7/3802.md?p=4) program that are determined to be inadequate. The [State](/usc/7/3802.md?p=4) shall have ninety days after receipt of the notice to correct any deficiencies. If after that time the [Secretary](/usc/7/3802.md?p=1) determines that the [State](/usc/7/3802.md?p=4) program remains inadequate, the [Secretary](/usc/7/3802.md?p=1) may terminate, in whole or in part, the [State](/usc/7/3802.md?p=4)’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](/usc/7/3802.md?p=4), the [Secretary](/usc/7/3802.md?p=1) may terminate, effective as soon as the [Secretary](/usc/7/3802.md?p=1) determines is practicable, the primary enforcement responsibility of a [State](/usc/7/3802.md?p=4) under [subsection (a)](#a). In terminating the primary enforcement responsibility under this subsection, the [Secretary](/usc/7/3802.md?p=1) shall work with the appropriate [State](/usc/7/3802.md?p=4) official to determine the [level of support](/usc/7/1428.md?p=k-1) to be provided to the [Secretary](/usc/7/3802.md?p=1) by the [State](/usc/7/3802.md?p=4) under this chapter.
  - (2) **Reassumption—** Nothing in this subsection shall prevent a [State](/usc/7/3802.md?p=4) from reassuming primary enforcement responsibility if the [Secretary](/usc/7/3802.md?p=1) determines that the [State](/usc/7/3802.md?p=4) meets the requirements of [subsection (a)](#a).
- (d) **Emergency conditions—** Nothing in this section shall limit the [authority](/usc/7/2009aa.md?p=1) of the [Secretary](/usc/7/3802.md?p=1) to enforce this chapter whenever the [Secretary](/usc/7/3802.md?p=1) determines that emergency conditions exist that require immediate action on the part of the [Secretary](/usc/7/3802.md?p=1) and the [State](/usc/7/3802.md?p=4) [authority](/usc/7/2009aa.md?p=1) is unwilling or unable adequately to respond to the emergency.

# [§3810. Repealed. Pub. L. 104–127, title IX, § 914(b)(1), Apr. 4, 1996, 110 Stat. 1186 — repealed]



# §3811. Issuance of regulations; maintenance of rec­ords


The [Secretary](/usc/7/3802.md?p=1) 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.


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


The [authority](/usc/7/2009aa.md?p=1) conferred by this chapter shall be in addition to [authority](/usc/7/2009aa.md?p=1) conferred by other statutes. Nothing in this chapter shall be construed to repeal or supersede any [State](/usc/7/3802.md?p=4) law prohibiting the feeding of [garbage](/usc/7/3802.md?p=2) to swine or to prohibit any [State](/usc/7/3802.md?p=4) from enforcing requirements relating to the treatment of [garbage](/usc/7/3802.md?p=2) to be fed to swine or the feeding thereof which are more stringent than those under this chapter or the regulations hereunder.


# §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.