§3809 — Title 7 Agriculture | U.S. Code

Summary

A State is mainly in charge of enforcing rules about treating garbage that will be fed to pigs and about feeding that garbage when the Secretary says the State meets three things. The State must have laws and rules that match the chapter’s minimum standards (the Secretary cannot make the State’s laws stricter than the chapter). The State must have and use proper steps to enforce those laws. The State must keep records and send reports the Secretary requires. If the Secretary finds the State is not doing one of those things, the Secretary will tell the State what is wrong. The State has 90 days to fix the problems. If the State still fails, the Secretary can take away the State’s main enforcement role, in whole or in part. The Governor can also ask the Secretary to end the State’s role, and the Secretary will work with the State to set what help the State will give the Secretary. A State can get the enforcement role back if the Secretary later decides the State meets the requirements. The Secretary may step in at any time in an emergency if the State cannot or will not act quickly enough.

Title 7, §3809

Agriculture — Source: USLM XML via OLRC

(a)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.

(b)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)(1)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)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)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