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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 7 U.S.C. § 3804 Permits to operate garbage treatment facility us united_states_code code_section 7 AGRICULTURE 69 SWINE HEALTH PROTECTION 3804 7 U.S.C. § 3804 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc07@119-100.zip /us/usc/t7/s3804 data/legal/raw/us/code/title-07/usc07.xml 1b2aa7c7a229c08154a4bf4208f12d20035b53f84c388bc56f0c81547c63a25a 50edab1679a711653797362c0aeb8f2273303fe473fb7fa16df1ee76bdd6e984 205e73996f50ba2fa9e14ac1ac82f0c2f0ef8cbecf89452701d2f7659f28cf22 2026-07-04 official
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7 U.S.C. § 3804 - Permits to operate garbage treatment facility

Text

(a) Application; issuance 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 3808 of this title or has primary enforcement responsibility pursuant to section 3809 of this title, 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) Cease and desist orders; suspension or revocation orders; judicial review Whenever the Secretary finds, after notice and opportunity for a hearing on the record in accordance with sections 554 and 556 of title 5, that any person holding a permit to operate a facility to treat garbage in any State is violating or has violated this chapter 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, and such court shall have jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of the Secretarys order. Judicial review of any such order shall be upon the record upon which the determination and order are based.

(c) Automatic revocation The permit of any person to operate a facility to treat garbage in 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 3806 of this title.

(Pub. L. 96468, § 5, Oct. 17, 1980, 94 Stat. 2230.)