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

(7) Approve the designation of 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]

§ 2.16 Reservations of authority.

The following authorities are reserved to the Secretary of Agriculture:

(a) 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, as amended at 46 FR 47749, Sept. 30, 1981]

§ 2.17 Delegations of authority to the Assistant Secretary for Marketing and Inspection 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 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) U.S. Warehouse 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 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 Officer.

(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, 4514(4)), except as delegated to the Under Secretary for International Affairs and Commodity Programs in § 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 § 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 § 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 agricul

tural 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 Stabilization and Conservation Service.

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

(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) 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. (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).

(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).

(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 Agricultural 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 Secretary 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.

(f) Related to cooperatives. (1) Administer programs authorized by the Cooperative Marketing Act of 1926 (7 U.S.C. 451-457).

(2) Carry out the responsibilities of the Secretary of Agriculture relating to the marketing aspects of cooperatives, including economic research and analysis and the application of economic research findings as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627).

(3) Work with institutions and international organizations throughout the world on subjects related to the development and operation of agricultural cooperatives. Such work may be carried out by:

(i) Exchanging materials and results with such institutions or organizations,

(ii) Engaging in joint or coordinated activities, or

(iii) Stationing representatives at such institutions or organizations in foreign countries (7 U.S.C. 3291).

(4) Serve as a member of the Capper-Volstead Act Committee to identify cases of undue price enhancement by associations of producers and issue complaints requiring such associations to show cause why an order should not be made directing them to cease and desist from monopolization or restrain of trade (7 U.S.C. 292).

(g) Related to food safety and inspection. (1) Exercise the functions of the Secretary of Agriculture contained in the Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1624, 1626), relating to voluntary inspection of poultry and edible products thereof; voluntary inspection and certification of technical animal fat; certified products for dogs, cats, and other carnivora; 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) Poultry Products Inspection Act, as amended (21 U.S.C. 451-470).

(ii) Federal Meat Inspection Act, as amended, and related legislation, excluding sections 12-14, and also excluding so much of section 18 as pertains to issuance of certificates of condition of live animals intended and offered for export (21 U.S.C. 601-611, 615-624, 641-645, 661, 671-680, 691692, 694–695).

(iii) 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.

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

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

(i) 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 protection of livestock, poultry and crops and products thereof from biological and chemical warfare; the wholesomeness of meat and poultry and products thereof; inspection of eggs and egg products, and utilization or disposal of livestock and poultry exposed to radiation.

(j) Related to biotechnology. Coordinate the development and carrying out by Department agencies of all matters and functions pertaining to the Department's regulation of biotechnology, and act as liaison on all matters and functions pertaining to the regulation of biotechnology between agencies within the Department and between the Department and governmental and private organizations.

[37 FR 28463, Dec. 27, 1972]

EDITORIAL NOTE: For Federal Register citations affecting § 2.17, see the List of CFR Sections Affected in the Finding Aids section of this volume.

§ 2.18 Reservations of authority.

The following authorities are reserved to the Secretary of Agriculture: (a) Relating to agricultural marketing. (1) Promulgation, with the Secretary of the Treasury of joint regulations under section 402(b) of the Federal Seed Act, as amended (7 U.S.C. 1592(b)).

(2) Appoint members of the National Dairy Promotion and Research Board established by Section 113(b) of the Dairy and Tobacco Adjustment Act of 1983 (7 U.S.C. 4504(b)).

(b) Related to animal and plant health inspection. (1) Determination that an emergency or extraordinary emergency exists because of the outbreak of any dangerous, communicable disease of livestock or poultry anywhere in the United States and that such outbreak threatens the livestock or poultry of the United States (21 U.S.C. 114a, 134a(b), 114c).

(2) Determination as to the measure and character of cooperation with Canada, Mexico, Central American

countries, Panama, and Columbia related to operations and measures to eradicate, suppress, or control or to prevent or retard any communicable disease of animals, the designation of members of advisory committees, and the appointment of commissioners on any joint commission with these governments set up under such programs (21 U.S.C. 114b).

(3) Approval of requests for apportionment of reserves for the control of outbreaks of insects, plant diseases, and animal diseases to the extent necessary to meet emergency conditions (31 U.S.C. 665).

(4) Determination that an extraordinary emergency exists under the criteria in Section 105(b)(1) of the Federal Plant Pest Act, as amended, (7 U.S.C. 150dd(b)(1)).

[37 FR 28463, Dec. 27, 1972, as amended at 38 FR 14945, June 7, 1973; 38 FR 34181, Dec. 12, 1973; 42 FR 35627, July 11, 1977; 47 FR 22936, May 26, 1982; 49 FR 38929, Oct. 2, 1984]

§ 2.19 Delegations of authority to the Assistant Secretary for Natural Resources and Environment.

The following delegations of authority are made by the Secretary of Agriculture to the Assistant Secretary for Natural Resources and Environment. (a) [Reserved]

(b) Related to environmental quality. (1) Administer the implementation of the National Environmental Policy Act for the Department of Agriculture.

(2) Provide representation for the Department on the National Response Team on hazardous spills pursuant to Pub. L. 92-500 and section 4 of Executive Order 11735.

(3) Represent the Department in contacts with the U.S. Environmental Protection Agency, the Council on Environmental Quality and other organizations or agencies on matters related to assigned responsibilities.

(4) Formulate and promulgate Departmental policy relating to environmental activities and natural resources.

(5) Provide staff support for the Secretary in the review of environmental impact statements.