Sec. 112. Registration of high-risk AFOs
587 words·~3 min read·
/bill/118/s/272/is/section-112A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A covered industrial operator shall be required to register with the Office prior to selling, buying, or transferring livestock, poultry, or any product derived from livestock or poultry across State lines. In registering with the Office under paragraph (1), a covered industrial operator shall submit to the Office— identifying information about the covered industrial operator, including the location, animal type, and peak inventory animal totals for all high-risk AFOs owned or controlled by the covered industrial operator; and a standard disaster mitigation plan that includes— a description of the type, location, and extent of all potential disaster events that can affect livestock or poultry housed in a high-risk AFO, including information on previous occurrences of disaster events and the probability of future disaster events; a plan to ensure that animals do not go without necessary resources such as shelter, food, and water during an extreme weather event; a plan to increase flexibility and resiliency, including— identifying ways to house animals past their intended slaughter date; and alternative slaughter and processing arrangements, including contracting with small-scale Department of Agriculture, State-certified, or mobile operations with existing capacity, in the event of supply chain disruptions; a plan for accessing necessary resources, personal protective equipment, and labor to carry out depopulation in ways that most rapidly render animals unconscious in the event that depopulation is unavoidable; a plan for disposal of any deceased animals that— satisfies requirements under all relevant Federal, State, and local environmental and public health laws; and does not rely on unlined burial or onsite incineration; and other information, as determined appropriate by the Secretary.
A covered industrial operator that is registered with the Office pursuant to this subsection shall submit to the Office the information described in paragraph
(2)on an annual basis. A covered industrial operator shall not, in developing a standard disaster mitigation plan described in paragraph (2)(B), use any Federal funds, including funds provided under the environmental quality incentive program under subchapter A of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839aa et seq. ). A covered industrial operator registered under subsection
(a)shall pay to the Office an annual fee by January 15 of each year for each high-risk AFO owned or controlled by the covered industrial operator. The amount of the fee required under paragraph (1)— shall be determined by the Secretary in a manner that will ensure that the total amount of fees collected for each fiscal year shall sufficiently fund the activities of the Office for that fiscal year; but shall not be less than $1 per animal unit (as defined by the Administrator of the Environmental Protection Agency) for each fiscal year. A covered industrial operator may not reduce wages or grower payments in order to derive the amount of the fee required under paragraph (1). There is established in the Treasury of the United States a fund, to be known as the High-Risk AFO Disaster Mitigation and Enforcement Fund (referred to in this subsection as the Fund ). All moneys derived from fees collected by the Office under subsection
(b)shall be deposited in the Fund and made available to the Secretary, without fiscal year limitation, to offset costs relating to— the administrative costs associated with operating the Office and technical assistance offered by staff of the Office; creating the national stockpile pursuant to section 114(c)(2); enforcement actions against covered industrial operators that do not comply with this subtitle; and any other activities determined by the Secretary.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 112
Registration of high-risk AFOs
Cites 1Cited by 0 across 0 sources