§ 3809. — Primary enforcement responsibility.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC3809]
TITLE 7--AGRICULTURE
CHAPTER 69--SWINE HEALTH PROTECTION
Sec. 3809. Primary enforcement responsibility
(a) State obligation
For purposes of this chapter, a State shall have the primary
enforcement responsibility for violations of laws and regulations
relating to the treatment of garbage to be fed to swine and the feeding
thereof during any period for which the Secretary determines that such
State--
(1) has adopted adequate laws and regulations regulating the
treatment of garbage 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
may not require a State 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 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 may require by regulation.
Except as provided in subsection (c) of this section, the Secretary
shall not enforce this chapter or the regulations hereunder in any State
which has primary enforcement responsibility pursuant to this section.
(b) Inadequate enforcement or administration by State; termination of
responsibility by Secretary
Whenever the Secretary determines that a State 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 shall notify the State. Such notice shall
specify those aspects of the administration or enforcement of the State
program that are determined to be inadequate. The State shall have
ninety days after receipt of the notice to correct any deficiencies. If
after that time the Secretary determines that the State program remains
inadequate, the Secretary may terminate, in whole or in part, the
State'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, the Secretary may terminate, effective as soon as the
Secretary determines is practicable, the primary enforcement
responsibility of a State under subsection (a) of this section. In
terminating the primary enforcement responsibility under this
subsection, the Secretary shall work with the appropriate State
official to determine the level of support to be provided to the
Secretary by the State under this chapter.
(2) Reassumption
Nothing in this subsection shall prevent a State from reassuming
primary enforcement responsibility if the Secretary determines that
the State meets the requirements of subsection (a) of this section.
(d) Emergency conditions
Nothing in this section shall limit the authority of the Secretary
to enforce this chapter whenever the Secretary determines that emergency
conditions exist that require immediate action on the part of the
Secretary and the State authority is unwilling or unable adequately to
respond to the emergency.
(Pub. L. 96-468, Sec. 10, Oct. 17, 1980, 94 Stat. 2233; Pub. L. 104-127,
title IX, Sec. 914(a), Apr. 4, 1996, 110 Stat. 1186.)
Amendments
1996--Subsecs. (c), (d). Pub. L. 104-127 added subsec. (c) and
redesignated former subsec. (c) as (d).
Section Referred to in Other Sections
This section is referred to in sections 3803, 3804 of this title.
