Title 7 — AgricultureRelease 119-73

§3804 Permits to operate garbage treatment facility

Title 7 › Chapter CHAPTER 69— - SWINE HEALTH PROTECTION › § 3804

Last updated Apr 6, 2026|Official source

Summary

People who want a permit to run a plant that treats garbage to feed pigs must apply to the Secretary or to the State’s chief agricultural or animal health official if the State has an agreement or primary enforcement. Applicants must give the information the Secretary requires. A permit will only be given if the plant follows the Secretary’s disease‑prevention rules and is built so pigs cannot reach untreated garbage or anything that touches it. If the Secretary finds a permit holder broke the rules, after notice and a hearing under federal administrative hearing rules (title 5, sections 554 and 556), the Secretary can order them to stop, and can suspend or revoke the permit. A person can ask the U.S. court of appeals to review the Secretary’s order within 60 days. A permit is automatically revoked when the person has a final second conviction under section 3806.

Full Legal Text

Title 7, §3804

Agriculture — Source: USLM XML via OLRC

(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 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)Whenever the Secretary finds, after notice and opportunity for a hearing on the record in accordance with section 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 section 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 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 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.

Reference

Citations & Metadata

Citation

7 U.S.C. § 3804

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73