Legal Authority

§ 2.19

7 CFR Subtitle A (1–1–11 Edition)

developing pollution prevention, control, and abatement policies and programs relating to agencies under his or
her authority.
(iv) Exercise primary responsibility
to regulate drug, pesticide, and environmental contaminants in food products as covered by the Federal Insecticide, Fungicide, and Rodenticide Act,
as amended (7 U.S.C. 136 et seq.), including the Food Quality Protection Act of
1996, Public Law 104–170, and the Toxic
Substances Control Act, as amended (15
U.S.C. 2601 et seq.), as implemented by
the Food Safety and Inspection Service
through a Memorandum of Understanding with the United States Department of Health and Human Services, Food and Drug Administration,
and the United States Environmental
Protection Agency.
[60 FR 56393, Nov. 8, 1995, as amended at 65
FR 12428, Mar. 9, 2000; 68 FR 27436, May 20,
2003; 74 FR 3402, Jan. 21, 2009]

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§ 2.19 Under Secretary for Food, Nutrition, and Consumer Services.
(a) The following delegations of authority are made by the Secretary of
Agriculture to the Under Secretary for
Food, Nutrition, and Consumer Services:
(1) Related to food and nutrition. (i)
Administer the following legislation:
(A) The Food and Nutrition Act of
2008, as amended (7 U.S.C. 2011–2036),
except for section 25, regarding assistance for community food projects.
(B) Richard B. Russell National
School Lunch Act, as amended (42
U.S.C. 1751–1769i), except procurement
of agricultural commodities and other
foods under section 6 thereof.
(C) Child Nutrition Act of 1966, as
amended (42 U.S.C. 1771–1790).
(D) Sections 933–939 of the Food, Agriculture, Conservation, and Trade Act
Amendments of 1991 (7 U.S.C. 5930
note).
(E) Section 301 of the Healthy Meals
for Healthy Americans Act of 1994
(Pub. L. 103–448).
(F) Section 4402 of the Farm Security
and Rural Investment Act of 2002 (7
U.S.C. 3007).
(G) Section 4403 of the Farm Security
and Rural Investment Act of 2002 (7
U.S.C. 3171 note).

(H) Section 4404 of the Farm Security
and Rural Investment Act of 2002 (2
U.S.C. 1161).
(I) Section 4142 of the Food, Conservation, and Energy Act of 2008 (Pub.
L. 110–246).
(J) Section 4301 of the Food, Conservation, and Energy Act of 2008 (42
U.S.C. 1758a).
(K) Section 4305 of the Food, Conservation, and Energy Act of 2008 (42
U.S.C. 1755a).
(L) Section 4307 of the Food, Conservation, and Energy Act of 2008 (Pub.
L. 110–246).
(M) Section 4405 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 7517).
(ii) Administer those functions relating to the distribution and donation of
agricultural commodities and products
thereof under the following legislation:
(A) Clause (3) of section 416(a) of the
Agricultural Act of 1949, as amended (7
U.S.C. 1431(a)), except the estimate and
announcement of the types and varieties of food commodities, and the
quantities thereof, to become available
for distribution thereunder;
(B) Section 709 of the Food and Agriculture Act of 1965, as amended (7
U.S.C. 1446a–1);
(C) 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,
as amended (15 U.S.C. 713c), and related
legislation;
(D) Section 9 of the Act of September
6, 1958, as amended (7 U.S.C. 1431b);
(E) Section 210 of the Agricultural
Act of 1956 (7 U.S.C. 1859), except with
respect to donations to Federal penal
and correctional institutions;
(F) [Reserved]
(G) Section 311 of the Older Americans Act of 1965, as amended (42 U.S.C.
3030a);
(H) Sections 412 and 413(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5179, 5180(b));
(I) Sections 4 and 5 of the Agriculture
and Consumer Protection Act of 1973,
as amended (7 U.S.C. 612c note);
(J) Section 1114 of the Agriculture
and Food Act of 1981, as amended (7
U.S.C. 1431e);
(K) Section 1336 of the Agriculture
and Food Act of 1981 (Pub. L. 97–98);

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Office of the Secretary, USDA

§ 2.19

(L) Emergency Food Assistance Act
of 1983 (7 U.S.C. 612c note);
(M) Sections 3(b)–(i), 3A and 4 of the
Commodity Distribution Reform Act
and WIC Amendments of 1987 (7 U.S.C.
612c note); and
(N) Section 110 of the Hunger Prevention Act of 1988 (7 U.S.C. 612c note).
(iii) Administer those functions relating to the distribution of supplemental nutrition assistance program
benefits under section 412 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5179).
(iv) In connection with the functions
assigned in paragraphs (a)(1)(i), (ii) and
(iii) of this section, relating to the distribution and donation of agricultural
commodities and products thereof and
supplemental nutrition assistance program benefits to eligible recipients, authority to determine the requirements
for such agricultural commodities and
products thereof and supplemental nutrition assistance program benefits to
be so distributed.
(v) Develop food plans for use in establishing supplemental nutrition assistance benefit levels, and assess the
nutritional impact of Federal food programs.
(vi) Administer those functions under
title IV of the Personal Responsibility
and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1612) relating to
the eligibility of aliens for benefits
under the domestic food assistance programs.
(2) Related to consumer advice. (i) Develop and implement USDA policy and
procedural guidelines for carrying out
the Department’s Consumer Affairs
Plan.
(ii) Advise the Secretary and other
policy level officials of the Department
on consumer affairs policies and programs.
(iii) Coordinate USDA consumer affairs activities and monitor and analyze agency procedures and performance.
(iv) 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.
(v) Work with the Office of Budget
and Program Analysis and the Office of

Communications to ensure coordination of USDA consumer affairs and
public participation programs, policies
and information, and to prevent duplication of responsibilities.
(vi) Serve as a consumer ombudsman
and communication link between consumers and the Department.
(vii) Approve the designation of agency Consumer Affairs Contacts.
(3) Related to human nutrition information. (i) Develop techniques and equipment to assist consumers in the home
and in institutions in selecting food
that supplies a nutritionally adequate
diet.
(ii) Develop family food plans at different costs for use as standards by
families of different sizes, sex-age composition, and economic levels.
(iii) Develop suitable and safe preparation and management procedures to
retain nutritional and eating qualities
of food served in homes and institutions.
(iv) 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.
(v) Develop food plans for use in establishing food stamp benefit levels,
and assess the nutritional impact of
Federal food programs.
(vi) Coordinate nutrition education
promotion and professional education
projects within the Department.
(vii) Analyze data from food consumption surveys in coordination with
the Under Secretary for Research, Education, and Economics to provide a
basis for evaluating dietary adequacy.
(viii) Consult with the 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 (7 U.S.C. 3171–3175).
(ix) In conjunction with the Department of Health and Human Services,
administer section 4403 of the Food,
Conservation, and Energy Act of 2008 (7
U.S.C. 5311a).

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§ 2.20

7 CFR Subtitle A (1–1–11 Edition)

(x) Enter into contracts, grants, and
cooperative agreements in accordance
with section 1472 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C.
3318).
(4) Related to committee management.
Establish and reestablish regional,
State, and local advisory committees
for activities under his or her authority. This authority may not be redelegated.
(5) Related to defense and emergency
preparedness. Administer responsibilities and functions assigned under the
Defense Production Act of 1950, as
amended (50 U.S.C. App. 2061 et seq.),
and title VI of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195 et seq.), concerning food stamp assistance.
(b) The following authority is reserved to the Secretary of Agriculture:
(1) Related to food and nutrition. Authority to appoint the members of the
National Advisory Council on Maternal, Infant, and Fetal Nutrition as directed in section 17(k) of the Child Nutrition Act of 1966, as amended (42
U.S.C. 1786(k)).
(2) [Reserved]

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[60 FR 56393, Nov. 8, 1995, as amended at 68
FR 27436, May 20, 2003; 74 FR 3402, Jan. 21,
2009]

§ 2.20 Under Secretary for Natural Resources and Environment.
(a) The following delegations of authority are made by the Secretary of
Agriculture to the Under Secretary for
Natural Resources and Environment:
(1) Related to environmental quality. (i)
Administer the implementation of the
National Environmental Policy Act for
the United States Department of Agriculture (USDA).
(ii) Represent USDA on Regional Response Teams on hazardous spills and
oil spills pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.), the Clean
Water Act, as amended (33 U.S.C. 1251
et seq.), the Oil Pollution Act (OPA), as
amended (33 U.S.C. 2701 et seq.), Executive Order 12580, 3 CFR, 1987 Comp., p.
193, Executive Order 12777, 3 CFR, 1991
Comp., p. 351, and the National Contingency Plan, 40 CFR part 300.

(iii) Represent USDA in contacts
with the United States Environmental
Protection Agency, the Council on Environmental Quality, and other organizations or agencies on matters related
to assigned responsibilities.
(iv) Formulate and promulgate USDA
policy relating to environmental activity and natural resources.
(v) Provide staff support for the Secretary in the review of environmental
impact statements.
(vi) Provide leadership in USDA for
general land use activities including
implementation of Executive Order
11988, Flood Plain Management, 3 CFR,
1977 Comp., p. 117, and Executive Order
11990, Protection of Wetlands, 3 CFR,
1977 Comp., p. 121.
(vii) Take such action as may be necessary, including issuance of administrative orders, and enter into agreements with any person to perform any
response action under sections 106(a)
and 122 (except subsection (b)(1)) of the
Comprehensive
Environmental
Response, Compensation, and Liability
Act of 1980, as amended (42 U.S.C.
9606(a), 9622), pursuant to sections
4(c)(3) and 4(d)(3) of Executive Order
No. 12580, as amended by Executive
Order No. 13016, to be exercised only
with the concurrence of the General
Counsel.
(viii) Exercise the functions of the
Secretary of Agriculture authorized in
Title V of the Department of the Interior and Related Agencies Appropriations Act of 1998, Pub. L. 105–83, relating to the acquisition of the New World
Mine and other priority land acquisitions, land exchanges, and other activities.
(ix) Serve on the USDA Hazardous
Materials Policy Council.
(x) Recommend actions and policies
that enable agencies under his or her
authority to comply with the intent,
purposes, and standards of environmental laws for pollution prevention,
control, and abatement.
(xi) Consult with the United States
Environmental Protection Agency and
other appropriate Federal agencies in
developing pollution prevention, control, and abatement policies and programs relating to agencies under his or
her authority.

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