Page:United States Statutes at Large Volume 94 Part 2.djvu/955

 PUBLIC LAW 96-468—OCT. 17, 1980

94 STAT. 2233

STATE PRIMARY ENFORCEMENT RESPONSIBILITY

SEC. 10. (a) For purposes of this Act, 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 Act and the regulations hereunder: Provided, That the Secretary may not require a State to have laws that are more stringent than this Act; (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), the Secretary shall not enforce this Act or the regulations hereunder in any State which has primary enforcement responsibility pursuant to this section. 0?) 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 Act. (c) Nothing in this section shall limit the authority of the Secretary to enforce this Act 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.

7 USC 3809.

Notification of inadequate enforcement or administration.

ADVISORY COMMITTEE

SEC. 11. The Secretary shall appoint an advisory committee or committees consisting of representatives of appropriate State agricultural or State animal health agencies, animal health organizations, the food waste feeder industry, and swine producer organizations to consult with the Secretary concerning matters within the scope of this Act, including evaluating State programs for purposes of section 10 of this Act and assuring effective coordination among State programs and Federal and State programs.

Appointments. 7 USC 3810.

REGULATIONS

SEC. 12. The Secretary is authorized to issue such regulations and to require the maintenance of such records as he deems necessary to carry out the provisions of this Act.

Record maintenance. 7 USC 3811.

AUTHORITY IN ADDITION TO OTHER LAWS; EFFECT ON STATE LAWS

SEC. 13. The authority conferred by this Act shall be in addition to 7 USC 3812. authority conferred by other statutes. Nothing in this Act shall be

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