Page:United States Statutes at Large Volume 94 Part 2.djvu/952

 94 STAT. 2230

PUBLIC LAW 96-468—OCT. 17, 1980 (2) the term "garbage" means all waste material derived in whole or in part from the meat of any animal (including fish and poultry) or other animal material, and other refuse of any character whatsoever that has been associated with any such material, resulting from the handling, preparation, cooking, 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 household is located; and (3) the term "person" means any individual, corporation, company, association, firm, partnership, society, or joint stock company or other legal entity. PROHIBITION OF CERTAIN GARBAGE FEEDING

7 USC 3803. Garbage treatment requirements.

Exemption.

SEC. 4. (a) No person shall feed or permit the feeding of garbage to swine except in accordance with subsection 0^) 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 official of the State where located if such State has entered into an agreement with the Secretary pursuant to section 9 or has primary enforcement responsibility pursuant to section 10 of this Act. 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 Act. The Secretary may exempt any facility or premises from the requirements of this section whenever the Secretary determines that there would not be a risk to the swine industry in the United States. I S S U A N C E, SUSPENSION, AND REVOCATION OF PERMITS

7 USC 3804.

eease and desist orders.

Judicial review,

S E C 5. (a) 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 officied of the State where the facility is located if such State has entered into an agreement with the Secretary pursuant to section 9 or has primary enforcement responsibility pursuant to section 10 of this Act, 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) Whenever the Secretary finds, after notice and opportunity for a hearing on the record in accordance with sections 554 and 556 of title 5, United States Code, that any person holding a permit to operate a facility to treat garbage in any State is violating or has violated this Act 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, United States Code, and

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