Swine Health Protection — Federal Garbage-Feeding Restrictions for Hog Disease Prevention

Feeding untreated garbage to pigs is one of the highest-risk pathways for introducing and spreading devastating swine diseases — including classical swine fever, African swine fever (ASF), foot-and-mouth disease, and vesicular diseases. Garbage fed to pigs can contain raw meat from infected animals, including pork products from countries where ASF is endemic. When a pig ingests contaminated garbage, it can become infected and transmit the disease to other pigs in the facility. The Swine Health Protection Act of 1980 (7 U.S.C. §§ 3801–3813) and its implementing regulations at 9 CFR Part 166 prohibit feeding garbage to swine unless the garbage is heat-treated to destroy pathogens at a licensed treatment facility — or unless the state has prohibited garbage feeding entirely (which most states have).

Current Rule (2026)

What This Rule Does

"Garbage" under Part 166 means all waste material derived in whole or in part from the meat of any animal — including table scraps, restaurant waste, kitchen refuse, packing house and slaughterhouse waste, and any food waste containing meat or fish. The critical category is meat-containing waste — the pathway by which swine disease pathogens (particularly viruses in pork) survive from an infected carcass in one country or region into the digestive tract of a pig in the United States.

The rule establishes a licensing and heat-treatment framework:

• No person may feed garbage to swine unless the garbage has been treated at a licensed treatment facility to kill disease organisms
• Heat treatment standard: garbage must be heated to at least 212°F (100°C) for at least 30 minutes; this temperature-time combination is sufficient to inactivate foot-and-mouth disease virus, African swine fever virus, classical swine fever virus, and vesicular disease viruses
• Licensing: any person operating a treatment facility for garbage to be fed to swine must obtain a federal license from APHIS; state licenses may be issued in states that administer the program under state law (§ 166.15)
• Own garbage exemption: a person who feeds only their own household garbage to their own pigs is exempt from the licensing requirement, but must still heat-treat the garbage if it contains meat; states with complete prohibitions supersede even this exemption

Key Provisions

• § 166.2 — General restrictions: no person shall feed or permit the feeding of garbage to swine unless the garbage is treated to kill disease organisms at a licensed facility; states that prohibit garbage feeding entirely have preemptive authority — in those states, no garbage (treated or untreated) may be fed to swine
• § 166.10 — Licensing requirements: applicants for treatment facility licenses must describe the facility design, heat-treatment equipment, and procedures; APHIS or the state animal health official must inspect and approve the facility before a license is issued; licenses must be renewed annually
• § 166.11 — Suspension and revocation: APHIS may suspend or revoke a license without prior notice if the licensee is feeding untreated garbage to swine or the facility poses an imminent threat of disease introduction; a hearing opportunity is provided for non-emergency suspensions
• § 166.13 — Licensee responsibilities: licensed facilities are subject to inspection by APHIS and state animal health officials; facility operators must maintain records of garbage received, sources, and treatment logs; inspectors must be given access to all areas of the facility
• § 166.14 — Cleaning and disinfection requirements: licensed facilities must be cleaned and disinfected regularly using APHIS-approved disinfectants (sodium hydroxide or similar high-efficacy agents); equipment used for untreated garbage must be cleaned before contact with treated product
• § 166.15 — State status: APHIS maintains a list of states that prohibit garbage feeding entirely and states that regulate garbage feeding through state programs in lieu of the federal license; in states with outright prohibitions, no garbage may be fed to swine regardless of heat treatment

The ASF Context

African swine fever (ASF) has transformed the urgency of garbage-feeding restrictions. ASF is a highly lethal hemorrhagic disease of pigs with no vaccine and no treatment; it has devastated hog populations in China (killing an estimated 50% of China's pigs in the 2018–2020 outbreak), spread through Europe and Asia, and reached the Dominican Republic, Haiti, and Cuba in 2021–2022. ASF virus is extraordinarily stable in meat products — it can survive in frozen pork for years and in cured pork products (salami, prosciutto) for months. A single infected pork chop from an ASF-endemic country, fed untreated to a pig, can introduce ASF to the United States.

The garbage-feeding prohibition directly addresses this pathway. The Part 166 heat-treatment requirement (212°F for 30 minutes) inactivates ASF virus. But the most effective protection is the near-universal state-level ban on garbage feeding — as of 2026, only a handful of states still allow licensed heat-treated garbage feeding; the vast majority prohibit garbage feeding entirely. APHIS and state animal health officials treat any unlicensed garbage feeding as a high-priority enforcement action, particularly given ASF's proximity to the continental United States.

How It Affects You

If you operate a farm feeding kitchen or restaurant waste to pigs: check your state's status on APHIS's website. If your state prohibits garbage feeding (the majority do), you may not feed any meat-containing waste to pigs regardless of how it is treated. If your state allows licensed heat-treatment, you need a federal or state license before operating. Unlicensed garbage feeding to swine is a federal violation regardless of whether disease results.

If you operate a restaurant or food service business: if food waste from your establishment goes to a farm that feeds pigs, verify that the farm has a valid APHIS or state license. Although the primary compliance obligation is on the facility operator (not the waste generator), you may have state-level obligations for how food waste is classified and disposed. Given the ASF risk, many states have tightened enforcement of garbage disposal chains.

If you raise backyard pigs or a small number of hogs: the household garbage exemption is narrow — it only covers your own household's garbage fed to your own pigs, and only in states that permit any garbage feeding. It does not cover restaurant scraps, neighbor's food waste, or any commercial garbage. Most extension programs advise against feeding any meat-containing kitchen scraps to pigs regardless of legal requirements, given the disease risk.

If you are a custom slaughter facility or small meat processor: waste from your facility — offal, trim, blood, fat — is regulated as garbage under Part 166 if you intend to feed it to pigs. Proper disposal through rendering is typically required even if you have a license, given that on-site animal waste presents a higher pathogen load than typical household scraps.

Legal Authority

• 7 U.S.C. § 3802 (Swine Health Protection Act § 2) — Declares it unlawful to feed garbage to swine unless heat-treated at an APHIS-licensed facility; establishes the federal prohibition; no showing of actual disease introduction required
• 7 U.S.C. § 3806 — APHIS licensing authority for garbage treatment facilities; revocation authority for noncompliant licensees
• 7 U.S.C. § 3809 — Enforcement authority: civil penalties up to $1,000 per violation and cease-and-desist orders
• 7 U.S.C. § 3810 — State authority preserved; states may establish stricter requirements (including complete prohibitions) and administer their own licensing programs in lieu of the federal program
• 9 CFR Part 166 — APHIS implementing regulations; governs licensing of garbage treatment facilities, heat-treatment standards (212°F/100°C for 30 minutes), recordkeeping, labeling, and enforcement

Key Mechanics

9 CFR Part 166 prohibits feeding untreated garbage to swine — defined broadly to include food wastes, hotel/restaurant/institutional refuse, offal, and any other waste material containing or mixed with animal or vegetable matter. The only legal pathway to feed garbage to swine in states where it is permitted is through a licensed heat-treatment facility: garbage must be heated to 212°F (100°C) for at least 30 minutes to kill swine disease pathogens including ASF virus, classical swine fever, foot-and-mouth disease, and vesicular stomatitis. Licensing requirements (§ 166.5): facilities treating garbage must be licensed by APHIS; licenses require demonstration of adequate treatment capacity, equipment, and temperature control; APHIS may inspect and revoke licenses for noncompliance. State authority: most states have enacted complete prohibitions on garbage feeding (even treated garbage) — currently approximately 35 states prohibit garbage feeding outright; the federal Part 166 applies only in states that permit treated-garbage feeding under state law; states may adopt stricter rules at any time. ASF relevance: African swine fever (ASF), currently endemic in parts of Asia and Eastern Europe, represents the primary biosecurity threat; ASF cannot be treated or vaccinated against in the U.S. swine herd; garbage containing imported pork from ASF-affected regions is the highest-risk vector; the existing heat-treatment standard is scientifically sufficient to inactivate ASF virus but requires consistent compliance to be effective. Violations: up to $1,000 per violation per day plus cease-and-desist authority; repeated violations can result in facility closure.

Statutory Authority

This rule implements:

• 7 U.S.C. § 3802 (Swine Health Protection Act § 2) — declares it unlawful to feed garbage to swine unless heat-treated at a licensed facility; establishes the federal prohibition that makes unlicensed garbage feeding a violation without requiring any showing of disease introduction
• 7 U.S.C. § 3806 — licensing authority for APHIS to issue and revoke licenses for garbage treatment facilities
• 7 U.S.C. § 3809 — enforcement authority including civil penalties up to $1,000 per violation and cease-and-desist orders
• 7 U.S.C. § 3810 — state authority preserved; states may establish stricter requirements (including complete prohibitions) and administer their own licensing programs in lieu of the federal program

Recent Rulemakings

No major amendments to 9 CFR Part 166 since 1990. The regulatory text predates the ASF threat, but the existing heat-treatment standard is scientifically adequate to inactivate ASF virus. APHIS's response to ASF has focused primarily on: (1) strengthening import controls on pork products from ASF-affected countries, (2) coordinating with border authorities (CBP) to intercept illegally imported pork products, and (3) providing education to producers and the public about the garbage-feeding prohibition. The legal framework in Part 166 has not required amendment to address ASF — the existing prohibition and heat-treatment standard are sufficient if enforced.

Pending Action