7 U.S.C. § 3809: Primary enforcement…

Summary

States must be the main enforcers of the rules about treating garbage that will be fed to pigs and about feeding that garbage if the Secretary finds the State has three things: laws that meet the law’s minimum standards (the Secretary cannot make the State adopt rules tougher than the law), a system to enforce those rules, and records and reports the Secretary requires. If a State meets these, the Secretary will not enforce the rules in that State except as noted below. If the Secretary finds a State is not enforcing or administering the rules well, the Secretary will tell the State what is wrong. The State has 90 days to fix it. If the problems continue, the Secretary may end the State’s enforcement role, in whole or in part. A Governor or other State official can ask the Secretary to end the State’s enforcement role sooner, and the Secretary will work with the State on what help the State will give. A State may take back enforcement later if it again meets the requirements. In an emergency, the Secretary can act immediately if the State cannot or will not respond.

Title 7, §3809

Agriculture, Source: USLM XML via OLRC

(a)State obligation

For purposes of this chapter, a State shall have the primary 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 chapter and the regulations hereunder: Provided, That the Secretary may not require a State to have laws that are more stringent than this chapter;

(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 chapter or the regulations hereunder in any State which has primary enforcement responsibility pursuant to this section.

(b)Inadequate enforcement or administration by State; termination of responsibility by Secretary

Whenever the Secretary determines that a State having primary enforcement responsibility pursuant to this section does not have 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 chapter.

(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 chapter.

(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).

(d)Emergency conditions

Nothing in this section shall limit the authority of the Secretary to enforce this chapter 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.

Editorial Notes

Amendments

1996—Subsecs. (c), (d). Pub. L. 104–127 added subsec. (c) and redesignated former subsec. (c) as (d).

§3809 Primary Enforcement Responsibility

Summary

Title 7, §3809

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata