agency or employee, of the Department of Agriculture of any function of the Secretary, including any function transferred to the Secretary by the provisions of this reorganization plan.

§ 2.4 General officers.

The work of the Department is under the supervision and control of the Secretary, who is assisted by the following general officers: The Deputy Secretary; the Assistant Secretary for Conservation, Research and Education; the Assistant Secretary for Food and Consumer Services; the Assistant Secretary for International Affairs and Commodity Programs; the Assistant Secretary for Marketing Services; the Assistant Secretary for Rural Development; the General Counsel; the Director of Economics, Policy Analysis and Budget; the Director, Office of Governmental and Public Affairs; the Assistant Secretary of Administration; the Inspector General; and the Judicial Officer.

[42 FR 60721, Nov. 29, 1977]

§ 2.5 Order in which Assistant Secretaries and the General Counsel shall act as Secretary.

(a) Pursuant to Executive Order 11957, dated January 13, 1977 (42 FR 3295), in the case of the absence, sickness, resignation, or death of both the Secretary and the Deputy Secretary, the Assistant Secretary for Conservation, Research and Education; the Assistant Secretary for Food and Consumer Services; the Assistant Secretary for International Affairs and Commodity Programs; the Assistant Secretary for Marketing Services; and the Assistant Secretary for Rural Development shall act as Secretary in the order in which they have taken office as an Assistant Secretary.

In the event that any two or more Assistant Secretaries shall have taken office simultaneously, they shall act as Secretary in the order they are listed herein.

(b) In the case of the absence, sickness, resignation, or death of the Secretary, the Deputy Secretary, and the Assistant Secretaries referred to in paragraph (a) of this section, the General Counsel shall act as Secretary.

[42 FR 35626, July 11, 1977, as amended at 42 FR 39669, Aug. 5, 1977]

Subpart B-General Delegations of Authority by the Secretary of Agriculture

§ 2.7 Authority to supervise and direct.

Unless specifically reserved, or otherwise delegated, the delegations of authority to each general officer of the Department and each agency head contained in this part or elsewhere includes the authority to direct and supervise the employees engaged in the conduct of activities under his jurisdiction, and the authority to take any action, execute any document, authorize any expenditure, promulgate any rule, regulation, order, or instruction required by or authorized by law and deemed by the general officer or agency head to be necessary and proper to the discharge of his responsibilities. This authority will be exercised subject to applicable administrative rules and regulations. Unless otherwise provided, a general officer or agency head may, subject to his continuing responsibility for the proper discharge of delegations made to him, in his part or elsewhere, delegate and provide for the redelegation of his authority to appropriate officers and employees. Subject to the general supervision of the Secretary, agency heads who are delegated authority from a general officer, in this part or elsewhere, report to and are under the supervision of that general officer.

[39 FR 13625, Apr. 16, 1974]

§ 2.8 Additional delegations.

The authority granted to a general officer may be exercised in the discharge of any additional functions which the Secretary may assign.

§ 2.9 Limitations.

The delegations made in this part shall not be construed to confer upon any general officer or agency head the authority of the Secretary to prescribe regulations which by law require approval of the President.

§ 2.10 New principles and periodic reviews.

In the exercise of authority delegated by the Secretary, the application of new principles of major importance or a departure from principles established by the Secretary should be brought to the attention of the Secretary. General officers are responsible for assuring that periodic reviews are conducted of the activities of the agencies assigned to their direction and supervision, as required by 5 U.S.C. 305.

§ 2.11 Secretary and general officers not precluded from exercising delegated powers.

No delegation of authority by the Secretary or a general officer contained in this part or elsewhere shall preclude the Secretary or general officer from exercising any of the authority so delegated.

§2.12 Status of prior delegations.

Nothing in this part shall affect the bylaws of the Commodity Credit Corporation, the Federal Crop Insurance Corporation, or the Rural Telephone Bank. All delegations previously made which are inconsistent with delegations made in this part are superseded; however, any regulation, order, authorization, expenditure, or other instrument, heretofore issued or made pursuant to any delegation of authority shall continue in full force and effect unless and until withdrawn or superseded pursuant to authority granted in this part.

Subpart C-Delegations of Authority to the Deputy Secretary, Assistant Secretaries, the Director of Economics, Policy Analysis and Budget, and the Director, Office of Governmental and Public Affairs

§ 2.13 Delegations of authority to the Deputy Secretary.

The following delegations of authority are made by the Secretary of Agriculture to the Deputy Secretary:

(a) General. Perform all of the duties and exercise all of the powers and functions which are now or which may hereafter be, vested in the Secre

tary of Agriculture. This delegation is subject to the limitation in § 2.9.

(b) [Reserved]

[37 FR 28463, Dec. 27, 1972. Redesignated and amended at 42 FR 35626, July 11, 1977; 42 FR 60721, Nov. 29, 1977]

§2.14 Reservations of authority.

The following authorities are reserved to the Secretary of Agriculture: (a) [Reserved]

(b) [Reserved]

[37 FR 28463, Dec. 27, 1972, as amended at 41 FR 3463, Jan. 23, 1976. Redesignated at 42 FR 35626, July 11, 1977]

§ 2.15 Delegations of authority to the Assistant Secretary for Food and Consumer Services.

The following delegations of authority are made by the Secretary of Agriculture to the Assistant Secretary for Food and Consumer Services:

(a) Related to food safety and quality. (1) Exercise the functions of the Secretary of Agriculture contained in the Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621-1627) relating to meat and poultry grading and standardization; grading and standardization of eggs; voluntary inspection of egg products; voluntary inspection of poultry and edible products thereof; voluntary inspection and certification of technical animal fat; certified products for dogs, cats, and other carnivora; inspection, grading, and standardization of dairy products; standardization and voluntary grading and inspection of fresh and processed fruits and vegetables and related products; grading and standardization and voluntary inspection of rabbits and edible products thereof and voluntary inspection and certification of edible meat and other products.

(2) Exercise the functions of the Secretary of Agriculture contained in the following legislation:

(i) Egg Products Inspection Act (21 U.S.C. 1031-1056).

(ii) Act of May 23, 1908, regarding inspection of dairy products for export (21 U.S.C. 693).

(iii) Poultry Products Inspection Act, as amended (21 U.S.C. 451-470).

(iv) Federal Meat Inspection Act, as amended, and related legislation (21

U.S.C. 601-624, 641-645, 661, 671-680, 691-692, 694–695).

(v) Talmadge-Aiken Act (7 U.S.C. 450) with respect to cooperation with States in administration of the Federal Meat Inspection Act and the Poultry Products Inspection Act.

(vi) Humane Slaughter Act (7 U.S.C. 1901-1906).

(vii) Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), as supplemented by the Act of June 28, 1937 (15 U.S.C. 713c) and related legislation except functions which are otherwise assigned relating to the domestic distribution and donation of agricultural commodities and products thereof following the procurement thereof.

(viii) Procurement of agricultural commodities and other foods under section 6 of the National School Lunch Act of 1946, as amended (42 U.S.C. 1755).

(ix) In carrying out the procurement functions in paragraphs (2)(vii) and (viii) of this section, the Assistant Secretary for Food and Consumer Services shall, to the extent practicable, use the commodity procurement, handling, payment and related services of the Agricultural Stabilization and

Conservation Service.

(x) Process or Renovated Butter Act (26 U.S.C. 4817-4818).

(b) Related to food and nutrition. (1) Administer the following legislation:

(i) The Food Stamp Act of 1964, as amended (7 U.S.C. 2011-2025).

(ii) National School Lunch Act of 1946, as amended (42 U.S.C. 17511763), except procurement of agricultural commodities and other foods under section 6 thereof.

(iii) Child Nutrition Act of 1966, as amended (42 U.S.C. 1771-1785).

(2) Administer those functions relating to the distribution and donation of agricultural commodities and products thereof under the following legislation:

(i) Clause (3) of section 416, Agricultural Act of 1949, as amended (7 U.S.C. 1431), except the estimate and announcement of the types and varieties of food commodities, and the quantities thereof, to become available for distribution thereunder.

(ii) Section 709 of the Food and Agriculture Act of 1965, as amended (7 U.S.C. 1446a-1).

(iii) Section 32 of the Act of August 24, 1935, as amended (7 U.S.C. 612c), as supplemented by the Act of June 28, 1937 (15 U.S.C. 713c), and related legislation.

(iv) Section 9 of the Act of September 6, 1958 (7 U.S.C. 1431b).

(v) Section 210 of the Agricultural Act of 1956 (7 U.S.C. 1859), except with respect to donations to Federal penal and correctional institutions.

(vi) Section 402 of the Mutual Security Act of 1954, as amended (22 U.S.C. 1922).

(vii) Section 707 of the Older Americans Act of 1965, as amended (42 U.S.C. 3045f).

(viii) Sections 203 and 233 of the Disaster Relief Act of 1970 (42 U.S.C. 4413, 4457).

(3) Administer those functions relating to the distribution of food coupons under section 238 of the Disaster Relief Act of 1970 (42 U.S.C. 4457).

(4) In connection with the functions assigned in paragraphs (b)(1), (2) and (3) of this section, relating to the distribution and donation of agricultural commodities and products thereof and food coupons to eligible recipients, authority to determine the requirements for such agricultural commodities and products thereof and food coupons to be so distributed.

(5) Receive donation of food commodities under clause (3) of section 416 of the Agricultural Act of 1949, as amended, and section 709 of the Food and Agricultural Act of 1965, &s amended.

(c) Related to committee management. Establish and reestablish regional, State, and local advisory committees for activities under his authority. This authority may not be redelegated.

(d) Related to Defense. Administer responsibilities and functions assigned under the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), and the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2251 et seq.), concerning wholesomeness of meat and poultry and products thereof; inspection of eggs

and egg products; and food stamp assistance.

[42 FR 35626, July 11, 1977, as amended at 43 FR 1289, Jan. 9, 1978]

§2.16 Reservations of authority.

The following authorities are reserved to the Secretary of Agriculture: (a) [Reserved].

(b) Related to food and nutrition. Authority to appoint members of the National Advisory Council on Child Nutrition as directed in the National School Lunch Act of 1966, as amended (42 U.S.C. 1763).

[42 FR 35626, July 11, 1977]

§ 2.17 Delegations of authority to the Assistant Secretary for Marketing Services.

The following delegations of authority are made by the Secretary of Agriculture to the Assistant Secretary for Marketing Services:

(a) Related to agricultural marketing. (1) Exercise the functions of the Secretary of Agriculture contained in the Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621-1627), including payments to State Departments of Agriculture in connection with cooperative marketing service projects under section 204(b) (7 U.S.C. 1623(b)), and transportation activities under section 203(j) (7 U.S.C. 1622(j)), but excepting matters otherwise assigned.

(2) Administer transportation activities under Section 201 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1291).

(3) Exercise the functions of the Secretary of Agriculture contained in the following legislation:

(i) U.S. Cotton Standards Act (7 U.S.C. 51-65).

(ii) Cotton futures provisions of the Internal Revenue Code of 1954 (26 U.S.C. 4854, 4862-4865, 4876, and 7263).

(iii) Cotton Statistics and Estimates Act, as amended (7 U.S.C. 471-476), except as otherwise assigned.

(iv) [Reserved]

(v) Naval Stores Act (7 U.S.C. 91-99). (vi) Tobacco Inspection Act (7 U.S.C. 511-511q).

(vii) Wool Standard Act (7 U.S.C. 415b-415d).

(viii) Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601, 602, 608a-608e, 610, 612, 614, 624, 671-674).

(ix) Cotton Research and Promotion Act (7 U.S.C. 2101-2118) and Section 610 of the Agricultural Act of 1970 (7 U.S.C. 2119), except as delegated to the Assistant Secretary for International Affairs and Commodity Programs in § 2.21(d) (10).

(x) Export Apple and Pear Act (7 U.S.C. 581-590).

(xi) Export Grape and Plum Act (7 U.S.C. 591-599).

(xii) Federal Seed Act, as amended (7 U.S.C. 1551-1611).

(xiii) Perishable Agricultural Commodities Act (7 U.S.C. 499a-499s).

(xiv) Produce Agency Act (7 U.S.C. 491-497).

(xv) Tobacco Seed and Plant Exportation Act (7 U.S.C. 516-517).

(xvi) U.S. Warhouse Act, as amended (7 U.S.C. 241-273).

(xvii) Tobacco Statistics Act (7 U.S.C. 501-508).

(xviii)-(xxi) [Reserved]

(xxii) Section 401(a) of the Organic Act of 1944 (7 U.S.C. 415e).

(xxiii) Agricultural Fair Practices Act (7 U.S.C. 2301-2306).

(xxiv) Wheat Research and Promotion Act (7 U.S.C. 1292 note), except as delegated to the Assistant Secretary for International Affairs and Commodity Programs in § 2.21(d)(10).

(xxv) Plant Variety Protection Act (7 U.S.C. 2321-2331, 2351-2357, 23712372, 2401-2404, 2421-2427, 2441-2443, 2461-2463, 2481-2486, 2501-2504, 25312532, 2541-2545, 2561-2569, 2581-2583), except as delegated to the Judicial Officer.

(xxx) Egg Research and Consumer Information Act (7 U.S.C. 2701-2718), except as delegated to the Assistant Secretary for International Affairs and Commodity Programs in § 2.21(d)(10).

(xxxi) Beef Research and Information Act (7 U.S.C. 2901-2918), except as delegated to the Assistant Secretary for International Affairs and Commodity Programs in §2.21(a)(33) and § 2.21(d)(10).

(4) Administer the warehouse examination function for the Agricultural Stabilization and Conservation Service, except functions of inventory management.

(5) Collect, summarize, and publish data on the production, distribution, and stocks of sugar.

(b) Related to animal and plant health inspection. Exercise the functions of the Secretary of Agriculture under the following authorities:

(1) The Mexican Pink Bollworm Act (7 U.S.C. 145).

(2) Section 102, Organic Act of 1944, as amended, and the Act of April 6, 1937, as amended (7 U.S.C. 147a, 148, 148a-148e), relating to control and eradication of plant pests and diseases.

(3) The Mexican Border Act, as amended (7 U.S.C. 149).

(4) The Golden Nematode Act (7 U.S.C. 150-150g).

(5) The Federal Plant Pest Act (7 U.S.C. 150aa-150jj).

(6) The Plant Quarantine Act, as amended (7 U.S.C. 151-164a, 167).

(7) The Terminal Inspection Act, as amended (7 U.S.C. 166).

(8) The Honeybee Act, as amended (7 U.S.C. 281-282).

(9) The Halogeton Glomeratus Act (7 U.S.C. 1651-1656).

(10) Tariff Act of June 17, 1930, as amended, sec. 306 (19 U.S.C. 1306).

(11) Act of August 30, 1890, as amended (21 U.S.C. 102-105).

(12) Act of May 29, 1884, as amended, Act of February 2, 1903, as amended, and Act of March 3, 1905, as amended, and supplemental legislation (21 U.S.C. 111-114a, 114a-1, 115-130).

(13) Act of February 28, 1947, as amended (21 U.S.C. 114b-114c, 114d1).

(14) Act of June 16, 1948 (21 U.S.C. 114e-114f).

(15) Act of September 6, 1961 (21 U.S.C. 114g-114h).

(16) Act of July 2, 1962 (21 U.S.C. 134-134h).

(17) Act of May 6, 1970 (21 U.S.C. 135-135b).

(18)-(20) [Reserved]

(21) (Laboratory) Animal Welfare Act, as amended (7 U.S.C. 2131-2147, 2149-2155).

(22) Horse Protection Act (15 U.S.C. 1821-1831).

(23) 28 Hour Law, as amended (45 U.S.C. 71-74).

(24) Export Animal Accommodation Act, as amended (46 U.S.C. 466a-466b). (25) Purebred Animal Duty Free Entry Provisions of Tariff Act of June 17, 1930, as amended (19 U.S.C. 1202, Part 1, Item 100.01).

(28) The Agricultural Marketing Act of 1946, sections 203, 205, as amended (7 U.S.C. 1622, 1624), with respect to voluntary inspection and certification of inedible animal byproducts and inspection, testing, treatment, and certification of animals, and a program to investigate and develop solutions to the problems resulting from the use of sulfonamides in swine.

(29) Talmadge Aiken Act (7 U.S.C. 450) with respect to cooperation with States in control and eradication of plant and animal diseases and pests.

(30) The Federal Noxious Weed Act of 1974 (7 U.S.C. 2801-2813).

(31) The Endangered Species Act of 1973 (87 Stat. 884).

(32) Executive Order 11987.

(c) Related to grain inspection. (1) Exercise the authority of the Secre-` tary of Agriculture contained in the U.S. Grain Standards Act, as amended (7 U.S.C. 71-87h).

(2) Exercise the functions of the Secretary of Agriculture contained in the Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621–1627) relating

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