7 U.S.C. § 3802 — Definitions

Page 1669 TITLE 7—AGRICULTURE § 3805 § 3802. Definitions For purposes of this chapter— (1) the term ‘‘Secretary’’ means the Sec- retary of Agriculture; (2) the term ‘‘garbage’’ means all waste ma- terial derived in whole or in part from the meat of any animal (including fish and poul- try) or other animal material, and other refuse of any character whatsoever that has been associated with any such material, re- sulting from the handling, preparation, cook- ing, 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 house- hold is located; (3) the term ‘‘person’’ means any individual, corporation, company, association, firm, part- nership, 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, Amer- ican Samoa, the Commonwealth of the North- ern 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.) Editorial Notes AMENDMENTS 1980—Par. (4). Pub. L. 96–592 added par. (4). § 3803. Prohibition of certain garbage feeding; ex- emption (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 offi- cial 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 pri- mary 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 prem- ises from the requirements of this section when- ever 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 fa- cility (a) Application; issuance Any person desiring to obtain a permit to op- erate a facility to treat garbage that is to be fed to swine shall apply therefor to (1) the Sec- retary, or (2) the chief agricultural or animal health official of the State where the facility is located if such State has entered into an agree- ment with the Secretary pursuant to section 3808 of this title or has primary enforcement re- sponsibility pursuant to section 3809 of this title, and provide such information as the Sec- retary shall by regulation prescribe. No permit shall be issued unless the facility— (1) meets such requirements as the Sec- retary shall prescribe to prevent the introduc- tion 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 facil- ity or material coming in contact with such untreated garbage. (b) Cease and desist orders; suspension or rev- ocation orders; judicial review Whenever the Secretary finds, after notice and opportunity for a hearing on the record in ac- cordance 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 juris- diction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of the Sec- retary’s order. Judicial review of any such order shall be upon the record upon which the deter- mination and order are based. (c) Automatic revocation The permit of any person to operate a facility to treat garbage in any State shall be automati- cally revoked, without action of the Secretary, upon the final effective date of the second con- viction of such person pursuant to section 3806 of this title. (Pub. L. 96–468, § 5, Oct. 17, 1980, 94 Stat. 2230.) § 3805. Civil penalties (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 Sec- retary by written order, taking into account the gravity of the violation, degree of culpability, and history of prior offenses; and may be re- viewed 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