---
kind: "section"
citation: "7 U.S.C. § 3804"
title: "7"
title_heading: "Agriculture"
number: "3804"
heading: "Permits to operate garbage treatment facility"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/3804"
units:
  - "Chapter 69 — Swine Health Protection"
---

# §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](/usc/7/198.md?p=6) shall apply therefor to (1) the [Secretary](/usc/7/3802.md?p=1), or (2) the chief agricultural or animal 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 or poultry, and
  - (2) is so constructed that [swine](/usc/7/198.md?p=6) 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 requiring such [person](/usc/7/3802.md?p=3) to cease and desist from continuing such violations or an order suspending or revoking such permit, or both. Any [person](/usc/7/3802.md?p=3) aggrieved by an order of the [Secretary](/usc/7/3802.md?p=1) 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](/usc/28/2341.md), [2343](/usc/28/2343.md) through [2350](/usc/28/2350.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. 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](/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).

## Source credit

(Pub. L. 96–468, § 5, Oct. 17, 1980, 94 Stat. 2230.)