dreamproit/uscode huggingface dataset:
7 U.S.C. § 3502 (AGRICULTURE)
§ 3502. Civil penalty
(a) If the Secretary determines that a person—
(1) has failed to submit a report in accordance with the provisions of section 3501 of this title, or
(2) has knowingly submitted a report under section 3501 of this title—
(A) which does not contain all the information required to be in such report, or
(B) which contains information that is misleading or false,
such person shall be subject to a civil penalty imposed by the Secretary. The amount of any such civil penalty shall be determined in accordance with the provisions of subsection (b) of this section. Any such civil penalty shall be recoverable in a civil action brought by the Attorney General of the United States in an appropriate district court of the United States.
(b) The amount of any civil penalty imposed by the Secretary under subsection (a) of this section shall be such amount as the Secretary determines to be appropriate to carry out the purposes of this chapter, except that such amount shall not exceed 25 percent of the fair market value, on the date of the assessment of such penalty, of the interest in agricultural land with respect to which such violation occurred.
(Pub. L. 95–460, § 3, Oct. 14, 1978, 92 Stat. 1265.)
7 U.S.C. § 3503 (AGRICULTURE)
§ 3503. Investigative actions
The Secretary may take such actions as the Secretary considers necessary to monitor compliance with the provisions of this chapter and to determine whether the information contained in any report submitted under section 3501 of this title accurately and fully reveals the ownership interest of all foreign persons in any foreign person who is required to submit a report under such section.
(Pub. L. 95–460, § 4, Oct. 14, 1978, 92 Stat. 1265.)
7 U.S.C. § 3504 (AGRICULTURE)
§ 3504. Repealed. Pub. L. 105–362, title I, § 101(f), Nov. 10, 1998, 112 Stat. 3281
text: Section, Pub. L. 95–460, § 5, Oct. 14, 1978, 92 Stat. 1265; Pub. L. 104–66, title I, § 1012(g), Dec. 21, 1995, 109 Stat. 712, provided for reports to Congress and the President.
7 U.S.C. § 3505 (AGRICULTURE)
§ 3505. Reports to the States
Not later than 30 days after the end of each 6-month period beginning after the effective date of section 3501 of this title, the Secretary shall transmit to each State department of agriculture, or such other appropriate State agency as the Secretary considers advisable, a copy of each report which was submitted to the Secretary under section 3501 of this title during such 6-month period and which involved agricultural land located in such State.
(Pub. L. 95–460, § 6, Oct. 14, 1978, 92 Stat. 1266.)
heading: References in Text
text: For the effective date of section 3501 of this title, referred to in text, see section 10(b) of Pub. L. 95–460, set out as an Effective Date note under section 3501 of this title.
7 U.S.C. § 3506 (AGRICULTURE)
§ 3506. Public inspection
Any report submitted to the Secretary under section 3501 of this title shall be available for public inspection at the Department of Agriculture located in the District of Columbia not later than 10 days after the date on which such report is received by the Secretary.
(Pub. L. 95–460, § 7, Oct. 14, 1978, 92 Stat. 1266.)
7 U.S.C. § 3508 (AGRICULTURE)
§ 3508. Definitions
For purposes of this chapter—
(1) the term “agricultural land” means any land located in one or more States and used for agricultural, forestry, or timber production purposes as determined by the Secretary under regulations to be prescribed by the Secretary;
(2) the term “foreign government” means any government other than the Federal Government or any government of a State or a political subdivision of a State;
(3) the term “foreign person” means—
(A) any individual—
(i) who is not a citizen or national of the United States;
(ii) who is not a citizen of the Northern Mariana Islands or the Trust Territory of the Pacific Islands; or
(iii) who is not lawfully admitted to the United States for permanent residence, or paroled into the United States, under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.];
(B) any person, other than an individual or a government, which is created or organized under the laws of a foreign government or which has its principal place of business located outside of all the States;
(C) any person, other than an individual or a government—
(i) which is created or organized under the laws of any State; and
(ii) in which, as determined by the Secretary under regulations which the Secretary shall prescribe, a significant interest or substantial control is directly or indirectly held—
(I) by any individual referred to in subparagraph (A);
(II) by any person referred to in subparagraph (B);
(III) by any foreign government; or
(IV) by any combination of such individuals, persons, or governments; and
(D) any foreign government;
(4) the term “person” includes any individual, corporation, company, association, firm, partnership, society, joint stock company, trust, estate, or any other legal entity;
(5) the term “Secretary” means the Secretary of Agriculture; and
(6) the term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, or any other territory or possession of the United States.
(Pub. L. 95–460, § 9, Oct. 14, 1978, 92 Stat. 1266.)
heading: References in Text
text: The Immigration and Nationality Act, referred to in par. (3)(A)(iii), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.
heading: Termination of Trust Territory of the Pacific Islands
text: For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
7 U.S.C. § 3601 (AGRICULTURE)
§ 3601. Definitions
For purposes of this chapter—
(1) The term “Agreement” means the International Sugar Agreement, 1977, signed at New York City on December 9, 1977.
(2) The term “sugar” has the same meaning as is given to such term in paragraph (12) of Article 2 of the Agreement.
(3) The term “entry” means entry, or withdrawal from warehouse, for consumption in the customs territory of the United States.
(Pub. L. 96–236, § 1, Apr. 22, 1980, 94 Stat. 336.)
7 U.S.C. § 3603 (AGRICULTURE)
§ 3603. Delegation of powers and duties
The President may exercise any power or duty conferred on him by this chapter through such agencies or offices of the United States as he shall designate. Such agencies or offices shall issue such regulations as they determine are necessary to implement this chapter.
(Pub. L. 96–236, § 3, Apr. 22, 1980, 94 Stat. 336.)
7 U.S.C. § 3604 (AGRICULTURE)
§ 3604. Criminal offenses
Any person who—
(1) knowingly fails to keep any information, or to submit any report, required under section 3602 of this title;
(2) submits any report under section 3602 of this title knowing that the report or any part thereof is false; or
(3) knowingly violates any rule or regulation issued to carry out this chapter;
is guilty of an offense and upon conviction thereof is punishable by a fine of not more than $1,000.
(Pub. L. 96–236, § 4, Apr. 22, 1980, 94 Stat. 337.)
7 U.S.C. § 3605 (AGRICULTURE)
§ 3605. Repealed. Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2219(a)(5), Oct. 21, 1998, 112 Stat. 2681–817
text: Section, Pub. L. 96–236, § 5, Apr. 22, 1980, 94 Stat. 337, provided for reports to Congress.
7 U.S.C. § 3606 (AGRICULTURE)
§ 3606. Repealed. Pub. L. 105–362, title I, § 101(g), Nov. 10, 1998, 112 Stat. 3281
text: Section, Pub. L. 96–236, § 6, Apr. 22, 1980, 94 Stat. 337, related to protection of interests of United States consumers.
7 U.S.C. § 3701 (AGRICULTURE)
§ 3701. Congressional findings and declarations
Congress finds and declares that—
(1) an adequate system for the efficient transient storage and movement of bulk agricultural commodities is essential to the overall success of the agricultural industry of the Nation, the development of rural areas of the Nation, and the economic stability of the Nation;
(2) the movement and storage of bulk agricultural commodities has been seriously and repeatedly impeded by shortages of transient storage facilities, adequate rail rolling stock, and the deterioration of many railroad track beds and rural highways throughout the United States;
(3) the efficient movement and storage of bulk agricultural commodities may be achieved and facilitated by the joint location at strategic points throughout the United States of transient storage facilities and multimodal terminal facilities constructed especially for the efficient shipment and receipt of agricultural commodities; and
(4) the location of such facilities must be carefully planned to assure maximum benefits to producers of agricultural commodities and unprocessed agricultural products and utilization of the most efficient means of transporting bulk agricultural commodities for domestic and export markets.
(Pub. L. 96–358, § 2, Sept. 25, 1980, 94 Stat. 1184.)
heading: Effective Date
text: Pub. L. 96–358, § 6, Sept. 25, 1980, 94 Stat. 1189, provided that: “The provisions of this Act [enacting this chapter and amending section 1932 of this title] shall become effective October 1, 1980.”
heading: Short Title
text: Pub. L. 96–358, § 1, Sept. 25, 1980, 94 Stat. 1184, provided: “That this Act [enacting this chapter and amending section 1932 of this title] may be cited as the ‘Agricultural Subterminal Facilities Act of 1980’.”
7 U.S.C. § 3702 (AGRICULTURE)
§ 3702. Definitions
As used in this chapter, the term—
(1) “bulk agricultural commodity” means any agricultural commodity that can be transported in bulk and can be temporarily stored in bulk quantities without undergoing processing or packaging. Such term also includes any commodity or product that is used by producers in the production of agricultural commodities and that can be stored or shipped in bulk, such as fertilizer and fuel;
(2) “unprocessed agricultural products” means food, fiber, and other agricultural products that have not been packaged or otherwise prepared for retail sale, including animal products and unfinished cotton, wool, leather, or any other unfinished natural material;
(3) “Secretary” means Secretary of Agriculture;
(4) “subterminal facility” means any facility that is located in the area of production or consumption of agricultural commodities or any major storage or major export point for such commodities and is located at a place that conveniently serves the needs of producers, purchasers, and consumers of bulk agricultural commodities, and is—
(A) used for the transient storage of bulk agricultural commodities and may include equipment or structures necessary for the transportation, upgrading, receiving, drying, or loading out of such commodities; or
(B) any rail siding, loading, or unloading facility that can accommodate unit railroad trains or multiple car trains and other appropriate transportation modes designed for the transport of bulk agricultural commodities and production materials; and
(5) “region” means two or more States acting together to develop a coordinated regional subterminal facilities plan.
(Pub. L. 96–358, § 3, Sept. 25, 1980, 94 Stat. 1184.)
heading: References in Text
text: This chapter, referred to in the introductory phrase, was in the original “this Act,” meaning Pub. L. 96–358, Sept. 25, 1980, 94 Stat. 1184, known as the Agricultural Subterminal Facilities Act of 1980, which enacted this chapter and amended section 1932 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of this title and Tables.
7 U.S.C. § 3801 (AGRICULTURE)
§ 3801. Congressional findings and declaration of purpose
The Congress hereby finds and declares that—
(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 dangerous 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 chapter 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 contemplated by this chapter are necessary to prevent and eliminate burdens upon such commerce, to effectively regulate such commerce, 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 chapter.
(Pub. L. 96–468, § 2, Oct. 17, 1980, 94 Stat. 2229.)
heading: Short Title
text: Pub. L. 96–468, § 1, Oct. 17, 1980, 94 Stat. 2229, provided: “That this Act [enacting this chapter] may be cited as the ‘Swine Health Protection Act’.”
7 U.S.C. § 3802 (AGRICULTURE)
§ 3802. Definitions
For purposes of this chapter—
(1) the term “Secretary” means the Secretary of Agriculture;
(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;
(3) the term “person” means any individual, corporation, company, association, firm, partnership, society, or joint stock company or other legal entity; and
(4) the term “State” means the fifty States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands of the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States.
(Pub. L. 96–468, § 3, Oct. 17, 1980, 94 Stat. 2229; Pub. L. 96–592, title V, § 511, Dec. 24, 1980, 94 Stat. 3451.)
heading: Amendments
text: 1980—Par. (4). Pub. L. 96–592 added par. (4).
7 U.S.C. § 3803 (AGRICULTURE)
§ 3803. Prohibition of certain garbage feeding; exemption
(a) No person shall feed or permit the feeding of garbage to swine except in accordance with subsection (b) of this section.
(b) Garbage may be fed to swine only if treated to kill disease organisms, in accordance with regulations issued by the Secretary, at 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 pursuant to section 3808 of this title or has primary enforcement responsibility pursuant to section 3809 of this title. No person shall operate a facility for the treatment of garbage knowing it is to be fed to swine unless such person holds a valid permit issued pursuant to this chapter. The Secretary 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.
(Pub. L. 96–468, § 4, Oct. 17, 1980, 94 Stat. 2230.)
7 U.S.C. § 3804 (AGRICULTURE)
§ 3804. Permits to operate garbage treatment facility
(a) Application; issuance
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 554 and 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 2341, 2343 through 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.
(Pub. L. 96–468, § 5, Oct. 17, 1980, 94 Stat. 2230.)
7 U.S.C. § 3805 (AGRICULTURE)
§ 3805. Civil penalties
(a) Assessment by Secretary
Any person who the Secretary determines, after notice and opportunity for a hearing on the record in accordance with sections 554 and 556 of title 5, is violating or has violated any provision of this chapter or any regulation of the Secretary issued hereunder, other than a violation for which a criminal penalty has been imposed under this chapter, 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 (b) of this section.
(b) Judicial review
The determination and order of the Secretary with respect 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, 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) Collection action by Attorney General
If any person fails to pay a civil penalty under a final order of the Secretary, the Secretary shall refer the matter to the Attorney General, who shall institute a civil action to recover the amount assessed in any appropriate district court of the United States. In such collection action, the validity and appropriateness of the Secretary’s order imposing the civil penalty shall not be subject to review.
(d) Payment into United States Treasury
All penalties collected under authority of this section shall be paid into the Treasury of the United States.
(e) Compromise, modification, or remittance
The Secretary may, in his discretion, compromise, modify, or remit, with or without conditions, any civil penalty assessed under this chapter.
(Pub. L. 96–468, § 6, Oct. 17, 1980, 94 Stat. 2231.)
7 U.S.C. § 3806 (AGRICULTURE)
§ 3806. Criminal penalties
(a) Whoever willfully violates any provision of this chapter or 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.
(b) Any person who fails to obey any order of the Secretary issued under the provisions of section 3804 of this title, 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 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 3804(b) of this title;
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.
(Pub. L. 96–468, § 7, Oct. 17, 1980, 94 Stat. 2231.)
7 U.S.C. § 3807 (AGRICULTURE)
§ 3807. General enforcement provisions
(a) Injunctions
The Attorney General, upon the request of the Secretary, shall bring an action to enjoin the violation of, or to compel compliance with, any provision of this chapter 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.
(b) Access to premises or facility and books and records; examination; samples
Any person subject to the provisions of this chapter 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) Additional powers
For the efficient execution of the provisions of this chapter, and in order to provide information for the use of Congress, the provisions (including penalties) of sections 46 and 48 through 50 of title 15, are made applicable to the jurisdiction, powers, and duties of the Secretary in enforcing the provisions of this chapter and to any person subject to the provisions of this chapter, 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 chapter in any part of the United States.
(Pub. L. 96–468, § 8, Oct. 17, 1980, 94 Stat. 2232.)