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(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, amended.

(b) Related to human nutrition information. (1) Administer a national food and human nutrition research program under the National Agricultural Research, Extension, and Teaching Policy Act of 1977, as amended. As used herein the term “research” includes:

(i) Research on the nutrient composition of foods and the effects of agricultural practices, handling, food processing, and cooking on the nutrients they contain;

(ii) Surveillance of the nutritional benefits provided to participants in the food programs administered by the Department;

(iii) Research on the factors affecting food preference and habits; and

(iv) The development of techniques and equipment to assist consumers in the home and in institutions in selecting food that supplies a nutritionally adequate diet (7 U.S.C. 3171-3175, 3177).

(2) The authority in paragraph (b)(1) of this section includes the authority to:

(i) Appraise the nutritive content of the U.S. food supply;

(ii) Develop and make available data on the nutrient composition of foods needed by Federal, State, and local agencies administering food and nutrition programs, and the general public, to improve the nutritional quality of diets;

(iii) Develop family food plans at different costs for use as standards by families of different sizes, sex-age composition, and economic levels;

(iv) Develop suitable and safe preparation and management procedures to

retain nutritional and eating qualities of food served in homes and institutions;

(v) Develop materials to aid the public in meeting dietary needs, with emphasis on food selection for good nutrition and appropriate cost, and food preparation to avoid waste, maximize nutrient retention, minimize food safety hazards, and conserve energy;

(vi) Develop food plans for use in establishing food stamp benefit levels, and assess the nutritional impact of Federal food programs;

(vii) Coordinate nutrition education research and professional education projects within the Department; and

(viii) Maintain data generated on food composition in a National Nutrient Data Bank.

(3) Conduct, in cooperation with the Department of Health and Human Services, the National Nutrition Monitoring System. Included in this delegation is the authority to:

(i) Design and carry out periodic nationwide food consumption surveys to measure household food consumption;

(ii) Design and carry out a continuous, longitudinal individual intake survey of the United States population and special high-risk groups;

(iii) Design and carry out methodological research studies to develop im. proved procedures for collecting household and individual food intake consumption data;

(iv) Analyze data from such surveys to provide a basis for evaluating dietary adequacy; and

(v) Consult with Federal and State agencies, the Congress, universities, and other public and private organizations and the general public regarding household food consumption, individual intake, and dietary adequacy, and implications of the survey on public policy regarding food and nutrition policies.

(4) (Reserved)

(5) Conduct a program of nutrition education research.

(6) Enter into contracts, grants, or cooperative agreements to further research programs in the food and agricultural sciences (7 U.S.C. 3318).

(7) Enter into cost-reimbursable agreements relating to agricultural research (7 U.S.C. 3319a).

School Lunch Act of 1966, as amended (42 U.S.C. 1763). (42 FR 35626, July 11, 1977, as amended at 46 FR 47749, Sept. 30, 1981)

(c) Related to consumer advise. (1) Develop and implement USDA policy and procedural guidelines for carrying out the Department's Consumer Af. fairs Plan.

(2) Advise the Secretary and other policy level officials of the Department on consumer affairs policies and programs.

(3) Coordinate USDA consumer affairs activities and monitor and analyze agency procedures and performance.

(4) Represent the Department at conferences, meetings and other contacts where consumer affairs issues are discussed, including liaison with the White House and other governmental agencies and departments.

(5) Work with the office of Budget and Program Analysis and the Office of Governmental and Public Affairs to ensure coordination of USDA consumer affairs and public participation programs, policies and information, and to prevent duplication of responsibilities.

(6) Serve as a consumer ombudsman and communication link between consumers and the Department.

(7) Approve the designation agency Consumer Affairs Contacts.

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

(e) 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. 2251 App. 2251 et seq.), concerning food stamp assistance. (42 FR 35626, July 11, 1977, as amended at 46 FR 47748, Sept. 30, 1981; 48 FR 30091, June 30, 1983; 48 FR 51141, Nov. 7, 1983; 52 FR 21493, June 8, 1987)

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8 2.17 Delegations of authority to the As

sistant Secretary for Marketing and In

spection Services. The following delegations of authority are made by the Secretary of Agriculture to the Assistant Secretary for Marketing and Inspection 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)), but excepting matters otherwise assigned.

(2) Conduct marketing efficiency research and development activities directly applicable to the conduct of the Wholesale Market Development Program, specifically (i) studies of facili. ties and methods used in physical distribution of food and other farm products, (ii) studies designed to improve handling of all agricultural products as they are moved from farms to consumers, and (iii) application of presently available scientific knowledge to the solution of practical problems encountered in the marketing of agricultural products (7 U.S.C. 1621-1627).

(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

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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 Under 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) Titles I, II, IV, and V of the Federal Seed Act, as amended (7 U.S.C. 1551-1575, 1591-1611).

(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) (Reserved)

(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 Under 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 Of. ficer.

(xxvi) Subtitle B of Title I and section 301(4) of the Dairy and Tobacco Adjustment Act of 1983 (7 U.S.C. 4501-4513, 451404)), except as delegated to the Under Secretary for International Affairs and Commodity Programs in g 2.21(d)(10).

(xxvii) Potato Research and Promotion Act (7 U.S.C. 2611-2627), except as delegated to the Under Secretary for International Affairs and Commodity Programs in $ 2.21(d)(10).

(xxviii) (Reserved)

(xxix) Section 708 of the National Wool Act of 1954, as amended (7 U.S.C. 1787), except as delegated to the Under Secretary for International

Affairs and Commodity Programs in $ 2.21(a) (30) and g 2.21(d)(10).

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

(xxxi) Beef Research and Information Act, as amended, (7 U.S.C. 29012918), except as delegated to the Under Secretary for International Affairs and Commodity Programs in $ 2.21(a)(33) and § 2.21(d)(10).

(xxxii) Wheat and Wheat Foods Research and Nutrition Education Act (7 U.S.C. 3401-3417), except as delegated to the Under Secretary for International Affairs and Commodity Programs in $ 2.21(d)(10).

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

(xxxiv) 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.

(XXXV) 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).

(xxxvi) In carrying out the procurement functions in paragraphs (a) (3) (xxxiv) and (xxxv) of this section, the Assistant Secretary for Marketing and Inspection Services shall, to the extent practicable, use the commodity procurement, handling, payment and related services of the Agricultural Sta. bilization and Conservation Service.

(xxxvii) Act of May 23, 1980, regarding inspection of dairy products for export (21 U.S.C. 693).

(xxxviii) The Pork Promotion, Research and Consumer Information Act of 1985 (7 U.S.C. 4801-4819).

(xxxix) The Watermelon Research and Promotion Act (7 U.S.C. 49014916).

(xl) The Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4601-4612).

(xli) Subtitles B and C of the Dairy Production Stabilization Act of 1983, as amended (7 U.S.C. 4501-4513, 45314538).

(xlii) The Floral Research and Consumer Information Act (7 U.S.C. 43014319).

(xliii) Section 213 of the Tobacco Adjustment Act of 1983, as amended (7 U.S.C. 511r).

(4) Furnish, on request, copies of programs, pamphlets, reports, or other publications for missions or programs as may otherwise be delegated or assigned to the Assistant Secretary, and charge user fees therefor, as authorized by section 1121 of the Agriculture and Food Act of 1981, as amended by section 1769 of the Food Security Act of 1985, 7 U.S.C. 2242a.

(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) Administer the Foreign Service personnel system for employees of the Animal and Plant Health Inspection Service in accordance with 22 U.S.C. 3922, except that this delegation does not include the authority to represent the Department of Agriculture in interagency consultations and negotiations with other foreign affairs agencies regarding joint regulations, nor the authority to approve joint regulations issued by the Department of State relating to administration of the Foreign Service.

(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, including administering survey and regulatory activities for the gypsy moth program and, with the Chief of the Forest Service, jointly administering gypsy moth eradication activities by assuming primary responsibility for eradication of gypsy moth infestations of 640 acres or less on State and private lands that are not contiguous to infested Federal lands.

(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, as amended (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) Sections 12–14 of the Federal Meat Inspection Act, as amended, and so much of section 18 of such Act as pertains to the issuance of certificates of condition of live animals intended and offered for export. (21 U.S.C. 612614, 618)

(19) Improvement of poultry, poultry products, and hatcheries (7 U.S.C. 429).

(20) The responsibilities of the United States under the International Plant Protection Convention.

(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).

(26) Virus-Serum-Toxin Act (21 U.S.C. 151-158).

(27) Conduct diagnostic and related activities necessary to prevent, detect, control or eradicate foot-and-mouth disease and other foreign animal diseases (21 U.S.C. 113a).

(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.

(33) Section 101(d), Organic Act of 1944 (7 U.S.C. 430).

(34) The Swine Health Protection Act (Pub. L. 96-468, 94 Stat. 2229 (7 U.S.C. 3801-3812)).

(35) Lacey Act Amendments of 1981 (16 U.S.C. 3401-3408).

(36) Title III (and Title IV to the extent that it relates to activities under Title III,) of the Federal Seed Act, as amended (7 U.S.C. 1581-1610).

(37) Authority to prescribe the amounts of commuted traveltime allowances and the circumstances under which such allowances may be paid to employees covered by the Act of August 28, 1950 (7 U.S.C. 2260).

(38) The Act of March 2, 1931, (7 U.S.C. 426, 426b).

(39) Authority to work with devel. oped and transitional countries on agricultural and related research and extension, with respect to animal and plant health, including providing technical assistance, training, and advice to persons from such countries engaged in such activities and the stationing of scientists of national and international institutions in such countries (7 U.S.C. 3291(a)(3)).

(c) Related to grain inspection. (1) Exercise the authority of the Secretary 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 to inspection and standardization activities relating to grain.

(d) Related to agricultural transportation. (1) Excercise the function of the Secretary of Agriculture relating to the transportation activities contained in section 203(j) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(j)) as amended, but excepting matters otherwise assigned.

(2) Administer transportation activities under section 201 of the Agricul. tural Adjustment Act of 1938 (7 U.S.C. 1291).

(3) Apply results of economic research and operations analysis to evaluate transportation issues and to recommend revisions of current procedures.

(4) Serve as the focal point for all Department transportation matters including development of policies and strategies.

(5) Coordinate Department programs of education, information, loans and grants in the area of agriculture transportation including providing technical advice and assistance to other USDA agencies.

(6) Exercise the functions of the Sec. retary of Agriculture relating to the International Carriage of Perishable Foodstuffs Act (7 U.S.C. 4401-4406).

(7) Cooperate with other Departmental agencies in the development and recommendation of policies for inland transportation of USDA and CCC-owned commodities in connection with USDA programs.

(8) Maintain the Department Tariff Library and provide transportation rates and accessorial charges for various commodities to other USDA agencies.

(e) Related to packers and stockyards. (1) Administer the Packers and Stockyards Act, as amended and supplemented (7 U.S.C. 181-229).

(2) Enforce provisions of the Consumer Credit Protection Act (15 U.S.C. 1601-1655, 1681-1681t) with respect to any activities subject to the Packers and Stockyards Act, 1921, as amended and supplemented.

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