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H.R. 6593 (96th): Swine Health Protection Act

The text of the bill below is as of Oct 17, 1980 (Passed Congress).


PUBLIC LAW 96-468—OCT. 17, 1980                         94 STAT. 2229

Public Law 96-468
96th Congress
                                An Act
                To regulate the feeding of garbage to swine.              Oct. 17, 1980
                                                                           [H.R. 6593]
  Be it enacted by the Senate and House of Representatives of the
United States ofAmerica in Congress assembled. That this Act may be
cited as the "Swine Health Protection Act".                         Swine Health
                                                                        Protection Act.
                                                                        7 u s e 3801 note.
                                FINDINGS
  SEC. 2. The Congress hereby finds and declares that—                  ^ use 380i.
       (1) raw garbage is one of the primary media through which
    numerous infectious or communicable diseases of swine are
    transmitted;
       (2) if certain exotic animal diseases, such as foot-and-mouth
    disease, African swine fever, hog cholera, and swine vesicular
    diseases, gain entrance into the United States, such diseases may
    be spread through the medium of raw or improperly treated
    garbage which is fed to swine;
       (3) African swine fever, which is potentially the most danger-
    ous and destructive of all communicable swine diseases, has been
    confirmed in several countries of the Western Hemisphere,
    including the Dominican Republic, Haiti, and Cuba;
       (4) swine in the United States have no resistance to any of such
    exotic diseases and in the case of African swine fever there is a
    particular danger because there are no effective vaccines to this
    deadly disease;
       (5) all articles and animals which are regulated under this Act
    are either in interstate or foreign commerce or substantially
    affect such commerce, and regulation by the Secretary and
    cooperation by the States and other jurisdictions as contem-
    plated by this Act are necessary to prevent and eliminate
    burdens upon such commerce, to effectively regulate such com-
    merce, and to protect the health and welfare of the people of the
    United States;
       (6) the interstate and foreign commerce in swine and swine
    products and producers and consumers of pork products could be
    severely injured economically if any exotic animal diseases,
    particularly African swine fever, enter this country;
       (7) it is impossible to assure that all garbage fed to swine is
    properly treated to kill disease organisms unless such treatment
    is closely regulated;
       (8) therefore, in order to protect the commerce of the United
    States and the health and welfare of the people of this country, it
    is necessary to regulate the treatment of garbage to be fed to
    swine and the feeding thereof in accordance with the provisions
    of this Act.
                              DEFINITIONS

  SEC. 3. For purposes of this Act—                                "^ use 8802.
      (1) the term "Secretary" means the Secretary of Agriculture;

94 STAT. 2230 PUBLIC LAW 96-468—OCT. 17, 1980 (2) the term "garbage" means all waste material derived in whole or in part from the meat of any animal (including fish and poultry) or other animal material, and other refuse of any character whatsoever that has been associated with any such material, resulting from the handling, preparation, cooking, or consumption of food, except that such term shall not include waste from ordinary household operations which is fed directly to swine on the same premises where such household is located; and (3) the term "person" means any individual, corporation, company, association, firm, partnership, society, or joint stock company or other legal entity. PROHIBITION OF CERTAIN GARBAGE FEEDING 7 u s e 3803. SEC. 4. (a) No person shall feed or permit the feeding of garbage to swine except in accordance with subsection 0^) of this section. Garbage (b) Garbage may be fed to swine only if treated to kill disease treatment organisms, in accordance with regulations issued by the Secretary, at requirements. a facility holding a valid permit issued by the Secretary, or the chief agricultural or animal health official of the State where located if such State has entered into an agreement with the Secretary pursu- ant to section 9 or has primary enforcement responsibility pursuant to section 10 of this Act. No person shall operate a facility for the treatment of garbage knowing it is to be fed to swine unless such Exemption. person holds a valid permit issued pursuant to this Act. The Secre- tary may exempt any facility or premises from the requirements of this section whenever the Secretary determines that there would not be a risk to the swine industry in the United States. I S S U A N C E , SUSPENSION, AND REVOCATION OF PERMITS 7 use 3804. S E C 5. (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 officied of the State where the facility is located if such State has entered into an agreement with the Secretary pursuant to section 9 or has primary enforcement responsibility pursuant to section 10 of this Act, and provide such information £is 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. eease and desist (b) Whenever the Secretary finds, after notice and opportunity for a orders. hearing on the record in accordance with sections 554 and 556 of title 5, United States Code, that any person holding a permit to operate a facility to treat garbage in any State is violating or has violated this Act or any regulation of the Secretary issued hereunder, the Secre- tary may issue an order requiring such person to ce£ise and desist from continuing such violations or an order suspending or revoking Judicial review, 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 sections 2341, 2343 through 2350 of title 28, United States Code, and
PUBLIC LAW 96-468—OCT. 17, 1980 94 STAT. 2231 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 Second any State shall be automatically revoked, without action of the conviction. Secretary, upon the final effective date of the second conviction of such person pursuant to section 7 of this Act. CIVIL PENALTIES SEC. 6. (a) Any person who the Secretary determines, after notice '^ USC 3805. and opportunity for a hearing on the record in accordance with sections 554 and 556 of title 5, United States Code, is violating or has violated any provision of this Act or any regulation of the Secretary issued hereunder, other than a violation for which a criminal penalty has been imposed under this Act, may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation. Each offense shall be a separate violation. The amount of such civil penalty shall be assessed by the Secretary by written order, taking into account the gravity of the violation, degree of culpability, and history of prior offenses; and may be reviewed only as provided in subsection 0)) of this section. (b) The determination and order of the Secretary with respect Judicial review. thereto imposing a civil penalty under this section shall be final and conclusive unless the person against whom such an order is issued files application for judicial review within sixty days after entry of such order in the appropriate United States court of appeals in accordance with the provisions of sections 2341, 2343 through 2350 of title 28, United States Code, 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) If any person fails to pay a civil penalty under a final order of the Collection Secretary, the Secretary shall refer the matter to the Attorney actions by Attorney General, who shall institute a civil action to recover the amount General. assessed in any appropriate district court of the United States. In such collection action, the validity and appropriateness of the Secre- tary's order imposing the civil penalty shall not be subject to review. (d) All penalties collected under authority of this section shall be paid into the Treasury of the United States. (e) The Secretary may, in his discretion, compromise, modify, or remit, with or without conditions, any civil penalty assessed under this Act. CRIMINAL PENALTIES SEC. 7. (a) Whoever willfully violates any provision of this Act or 7 USC 3806. the regulations of the Secretary issued hereunder shall be guilty of a misdemeanor and shall be fined not more than $10,000, or imprisoned not more than one year, or both. Ob) Any person who fails to obey any order of the Secretary issued under the provisions of section 5, or such order as modified— (1) after the expiration of the time allowed for filing a petition in the court of appeals to review such order, if no such petition has been filed within such time; or (2) after the expiration of the time allowed for applying for a writ of certiorari, if such order, or such order as modified, has
94 STAT. 2232 PUBLIC LAW 96-468—OCT. 17, 1980 been sustained by the court of appeals and no such writ has been applied for within such time; or (3) after such order, or such order as modified, has been sustained by the courts as provided in section 5(b); shall on conviction be fined not more than $10,000, or imprisoned for not more than one year, or both. Each day during which such failure continues shall be deemed a separate offense. GENERAL ENFORCEMENT PROVISIONS 7 use 3807. SEC. 8. (a) The Attorney General, upon the request of the Secretary, shall bring an action to enjoin the violation of, or to compel compli- ance with, any provision of this Act or any regulation issued by the Secretary hereunder by any person. Such action shall be brought in the appropriate United States district court for the judicial district in which such person resides or transacts business or in which the violation or omission has occurred or is about to occur. Process in such cases may be served in any judicial district wherein the defendant resides or transacts business or wherever the defendant may be found. Premises, access. (b) Any person subject to the provisions of this Act shall, at all reasonable times, upon notice by a duly authorized representative of the Secretary, afford such representative access to his premises or facility and opportunity to examine the premises or facility, the garbage there at, and books and records thereof, to copy all such books and records and to take reasonable samples of such garbage. (c) For the efficient execution of the provisions of this Act, and in order to provide information for the use of Congress, the provisions (including penalties) of sections 6 and 8 through 10 of the Federal ]l use 46, Trade Commission Act, are made applicable to the jurisdiction, 48-50. powers, and duties of the Secretary in enforcing the provisions of this Act and to any person subject to the provisions of this Act, whether or not a corporation. The Secretary, in person or by such agents as he may designate, may prosecute any inquiry necessary to his duties under this Act in any part of the United States. COOPERATION WITH STATES 7 use 3808. S E C 9. In order to avoid duplication of functions, facilities, and personnel, and to attain closer coordination and greater effectiveness and economy in administration of this Act and State laws and regulations relating to the feeding of garbage to swine, the Secretary is authorized to enter into cooperative agreements with State depart- ments of agriculture and other State agencies charged with the administration and enforcement of such State laws and regulations and to provide that any such State agency which has adequate facilities, personnel, and procedures, as determined by the Secretary, may assist the Secretary in the administration and enforcement of this Act and regulations hereunder. The Secretary is further author- ized to coordinate the administration of this Act and regulations with such State laws and regulations whenever feasible: Provided, That nothing herein shall affect the jurisdiction of the Secretary under any other Federal law, or any authority to cooperate with State agencies or other agencies or persons under existing provisions of law, or affect any restrictions upon such cooperation.
PUBLIC LAW 96-468—OCT. 17, 1980 94 STAT. 2233 STATE PRIMARY ENFORCEMENT RESPONSIBILITY SEC. 10. (a) For purposes of this Act, a State shall have the primary 7 u s e 3809. 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 Act and the regulations hereunder: Provided, That the Secretary may not require a State to have laws that are more stringent than this Act; (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 Act or the regulations hereunder in any State which has primary enforcement responsibility pursuant to this section. 0?) Whenever the Secretary determines that a State having Notification of primary enforcement responsibility pursuant to this section does not inadequate enforcement or have adequate laws or regulations or is not effectively enforcing such administration. 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 Act. (c) Nothing in this section shall limit the authority of the Secretary to enforce this Act whenever the Secretary determines that emer- gency conditions exist that require immediate action on the part of the Secretary and the State authority is unwilling or unable ade- quately to respond to the emergency. ADVISORY COMMITTEE SEC. 11. The Secretary shall appoint an advisory committee or Appointments. committees consisting of representatives of appropriate State agricul- 7 u s e 3810. tural or State animal health agencies, animal health organizations, the food waste feeder industry, and swine producer organizations to consult with the Secretary concerning matters within the scope of this Act, including evaluating State programs for purposes of section 10 of this Act and assuring effective coordination among State programs and Federal and State programs. REGULATIONS SEC. 12. The Secretary is authorized to issue such regulations and to Record require the maintenance of such records as he deems necessary to maintenance. 7 u s e 3811. carry out the provisions of this Act. AUTHORITY IN ADDITION TO OTHER LAWS; EFFECT ON STATE LAWS SEC. 13. The authority conferred by this Act shall be in addition to 7 USC 3812. authority conferred by other statutes. Nothing in this Act shall be
94 STAT. 2234 PUBLIC LAW 96-468—OCT. 17, 1980 construed to repeal or supersede any State law prohibiting the feeding of garbage to swine or to prohibit any State from enforcing requirements relating to the treatment of garbage to be fed to swine or the feeding thereof which are more stringent than those under this Act or the regulations hereunder. AUTHORIZATION OF APPROPRIATIONS 7 use 3813. SEC. 14. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. Approved October 17, 1980. LEGISLATIVE HISTORY: HOUSE REPORT No. 96-1383 (Ck)mm. on Agriculture). CONGRESSIONAL RECORD, Vol. 126 (1980): Oct. 1, considered and passed House and Senate.