Title 7, AgricultureRelease 119-110

§3804 Permits to Operate Garbage Treatment Facility

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

Last updated Sep 22, 2026|Official source

Summary

If you want a permit to run a plant that treats garbage to feed pigs, you must apply to the U.S. Secretary of Agriculture or to your State’s main agriculture or animal health official if your State has an agreement with the Secretary or is the main enforcer. You must give the information the Secretary requires. The plant must follow the Secretary’s rules to stop the spread of animal diseases, and it must be built so pigs cannot reach untreated garbage or anything that touched it. If the Secretary finds, after notice and a hearing on the record, that a permit holder broke the rules, the Secretary can order them to stop the violations, and can suspend or cancel the permit. A person affected by such an order can ask the U.S. court of appeals to review it within 60 days; the court will review the record and may block or set aside the order. A permit is automatically revoked when the person’s second conviction under the law becomes final.

Full Legal Text

Title 7, §3804

Agriculture, Source: USLM XML via OLRC

(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 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)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.

Reference

Citations & Metadata

Citation

7 U.S.C. § 3804

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110