§ 3809. Primary enforcement responsibility

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 § 10 · 94 Stat. 2229

   Enacted · 7 U.S.C. § 3809

   Pub. L. 96–468, § 10, Oct. 17, 1980, 94 Stat. 2233

   Source evidence

   Code source credit
   Pub. L. 96–468, § 10, Oct. 17, 1980, 94 Stat. 2233

   Enacted provision · exact public law section
   Sec. 10. state primary enforcement responsibility (a) For purposes of this Act, a State shall have the primary 7 USC 3809. 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. (b) Whenever the Secretary determines that a State having Notification of inadequate enforcement or administration. primary enforcement responsibility pursuant to this section does not nave 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.

2. 1996

   Federal Agriculture Improvement and Reform Act of 1996

   Pub. L. 104–127 title IX § 914(a) · 110 Stat. 888

   1. Added · 7 U.S.C. § 3809(c); 7 U.S.C. § 3809(d)

      Pub. L. 104–127 added subsec. (c)

   2. Redesignated · 7 U.S.C. § 3809(c); 7 U.S.C. § 3809(d)

      Pub. L. 104–127 redesignated former subsec. (c) as (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 104–127 added subsec. (c) and redesignated former subsec. (c) as (d).

   Enacted provision · exact public law section
   (a) Termination of State Primary Enforcement Responsibility.— Section 10 of the Swine Health Protection Act (7 U.S.C. 3809) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: “(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). 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 Act. “(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).”.

3 of 3 references resolved to an enrolled provision