§ 3804. Permits to operate garbage treatment facility

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   Swine Health Protection Act

   Pub. L. 96–468 § 5 · 94 Stat. 2229

   Enacted · 7 U.S.C. § 3804

   (Pub. L. 96–468, § 5, Oct. 17, 1980, 94 Stat. 2230.)

   Source evidence

   Code source credit
   (Pub. L. 96–468, § 5, Oct. 17, 1980, 94 Stat. 2230.)

   Enacted provision · exact public law section
   Sec. 5. issuance, suspension, and revocation of permits (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 official 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 Judicial review. 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 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) The permit of any person to operate a facility to treat garbage in Second conviction. 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 7 of this Act.

1 of 1 references resolved to an enrolled provision