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 sections
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 sections
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.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.