---
kind: "section"
citation: "7 U.S.C. § 3809"
title: "7"
title_heading: "Agriculture"
number: "3809"
heading: "Primary enforcement responsibility"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/7/3809"
units:
  - "Chapter 69 — Swine Health Protection"
---

# §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](/usc/7/198.md?p=6) 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](/usc/7/198.md?p=6) 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 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 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 is unwilling or unable adequately to respond to the emergency.

## Source credit

(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.)

## Notes

### Editorial Notes

### Amendments

1996—Subsecs. (c), (d). Pub. L. 104–127 added subsec. (c) and redesignated former subsec. (c) as (d).