License to feed garbage

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§1814-A. License to feed garbage

1.  License required.  A person may not feed garbage to swine without first procuring a license from the commissioner. A license may be procured annually for a fee of $25 and must be renewed on the first day of June of each succeeding year. This section does not apply to any person who feeds that person's own household garbage only to swine that are raised for that person's own use.  

[PL 2001, c. 572, §46 (NEW).]

2.  Processing of garbage.  Regardless of previous processing, garbage must be thoroughly heated to at least 212 degrees Fahrenheit for at least 30 minutes before being fed to swine unless treated in some other manner that must be approved in writing by the commissioner.  

[PL 2001, c. 572, §46 (NEW).]

3.  Moratorium authorized.  When a disease condition exists that may be spread by the feeding of garbage, the commissioner may immediately suspend all garbage feeding licenses and place a moratorium on all garbage feeding in the State.  

[PL 2001, c. 572, §46 (NEW).]

3-A.  Application.  An individual, organization or institution, including a public school, that donates garbage to a swine producer for use in swine feed is not required to verify that the swine producer has a license under subsection 1. The commissioner shall ensure any guidance about this section issued to individuals, organizations or institutions clearly states that the donating individual, organization or institution is not required to verify that the swine producer has a license under subsection 1 and that the individual, organization or institution cannot be held responsible for the enforcement of this section or for any assessment of penalties under this section.  

[PL 2019, c. 39, §1 (NEW).]

4.  Enforcement.  The commissioner may enter at reasonable times any private or public property to investigate conditions relating to the treating or feeding of garbage.  

[PL 2001, c. 572, §46 (NEW).]

5.  Penalties.  Feeding garbage to swine without a license is a civil violation for which a forfeiture of not less than $250 nor more than $500 for an initial violation and not less than $500 nor more than $1,000 for a subsequent violation may be adjudged.  

[PL 2001, c. 572, §46 (NEW).]

Feeding garbage to swine during a moratorium imposed by the commissioner is a civil violation for which a penalty of not more than $5,000 may be adjudged.   [PL 2001, c. 572, §46 (NEW).]

SECTION HISTORY

PL 2001, c. 572, §46 (NEW). PL 2019, c. 39, §1 (AMD).


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