§ 3804. — Permits to operate garbage treatment facility.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC3804]
TITLE 7--AGRICULTURE
CHAPTER 69--SWINE HEALTH PROTECTION
Sec. 3804. Permits to operate garbage treatment facility
(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.
(Pub. L. 96-468, Sec. 5, Oct. 17, 1980, 94 Stat. 2230.)
Section Referred to in Other Sections
This section is referred to in section 3806 of this title.
