Page:United States Statutes at Large Volume 94 Part 2.djvu/954

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 96-000—MMMM. DD, 1980

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 USC 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 compliance 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 USC 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 departments 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 authorized 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.