7 USC 3809 - Primary enforcement responsibility

U.S Code last checked for updates: Nov 22, 2024

§ 3809.

Primary enforcement responsibility

(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

(c)

Request of State official

(1)

In general

(2)

Reassumption

(d)

Emergency conditions

(Pub. L. 96–468, § 10, Oct. 17, 1980, 94 Stat. 2233; Pub. L. 104–127, title IX, § 914(a), Apr. 4, 1996, 110 Stat. 1186.)

cite as: 7 USC 3809