2.22—Under Secretary for Marketing and Regulatory Programs.
(a)
The following delegations of authority are made by the Secretary to the Under Secretary for Marketing and Regulatory Programs:
(1) Related to agricultural marketing.
(i)
Exercise the functions of the Secretary of Agriculture contained in the Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621-162 7), 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.
(ii)
Conduct marketing efficiency research and development activities directly applicable to the conduct of the Wholesale Market Development Program, specifically:
(A)
Studies of facilities and methods used in physical distribution of food and other farm products;
(B)
Studies designed to improve handling of all agricultural products as they are moved from farms to consumers; and
(C)
application of presently available scientific knowledge to the solution of practical problems encountered in the marketing of agricultural products (7 U.S.C. 1621-162 7).
(iii)
Exercise the functions 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.
(iv)
Administer transportation activities under section 201 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1291 ).
(v)
Apply results of economic research and operations analysis to evaluate transportation issues and to recommend revisions of current procedures.
(vi)
Serve as the focal point for all Department transportation matters including development of policies and strategies.
(vii)
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.
(viii)
Exercise the functions of the Secretary of Agriculture with respect to the following legislation:
(B)
Cotton futures provisions of the Internal Revenue Code of 1954 (26 U.S.C. 4854, 4862-486 5, 4876, and 7263);
(C)
Cotton Statistics and Estimates Act, as amended (7 U.S.C. 471-476 ), except as otherwise assigned;
(G)
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601, 602, 608a-608e, 610, 612, 614, 624, 671-674 );
(H)
Cotton Research and Promotion Act (7 U.S.C. 2101-211 8), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in § 2.16(a)(3)(x) ;
(R)
Wheat Research and Promotion Act (7 U.S.C. 1292 note), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in § 2.16(a)(3)(x) ;
(S)
Plant Variety Protection Act (7 U.S.C. 2321-233 1, 2351-2357, 2371-2372, 2401-2404, 2421-2427, 2441-2443, 2461-2463, 2481-2486, 2501-2504, 2531-2532, 2541-2545, 2561-2569, 2581-2583), except as delegated to the Judicial Officer;
(T)
Subtitle B of title I and section 301(4) of the Dairy and Tobacco Adjustment Act of 1983 (7 U.S.C. 4501-451 3, 4514(4)), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in § 2.16(a)(3)(x) ;
(U)
Potato Research and Promotion Act (7 U.S.C. 2611-262 7), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in § 2.16(a)(3)(x) ;
(W)
Egg Research and Consumer Information Act (7 U.S.C. 2701-271 8), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in § 2.16(a)(3)(x) ;
(X)
Beef Research and Information Act, as amended (7 U.S.C. 2901-291 8), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in §§ 2.16(a)(1)(xiv) and (a)(3)(x) ;
(Y)
Wheat and Wheat Foods Research and Nutrition Education Act (7 U.S.C. 3401-341 7), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in
§ 2.16(a)(3)(x) ;
(Z)
Egg Products Inspection Act relating to the Shell Egg Surveillance Program, voluntary laboratory analyses of egg products, and the Voluntary Egg Grading Program (21 U.S.C. 1031-105 6);
(AA)
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;
(BB)
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 );
(CC)
In carrying out the procurement functions in paragraphs (a)(1)(viii)(AA) and (BB) of this section, the Assistant Secretary for Marketing and Regulatory Programs shall, to the extent practicable, use the commodity procurement, handling, payment and related services of the Farm Service Agency;
(EE)
The Pork Promotion, Research and Consumer Information Act of 1985 (7 U.S.C. 4801-481 9), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in § 2.16(a)(3)(x) ;
(FF)
The Watermelon Research and Promotion Act (7 U.S.C. 4901-491 6), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in § 2.16(a)(3)(x) ;
(GG)
The Honey Research, Promotion, and Consumer Information Act (7 U.S.C. 4601-461 2), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in § 2.16(a)(3)(x) ;
(HH)
Subtitles B and C of the Dairy Production Stabilization Act of 1983, as amended (7 U.S.C. 4501-451 3, 4531-4538);
(II)
The Floral Research and Consumer Information Act (7 U.S.C. 4301-431 9), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in § 2.16(a)(3)(x) ;
(KK)
National Laboratory Accreditation Program (7 U.S.C. 138-138i) with respect to laboratories accredited for pesticide residue analysis in fruits and vegetables and other agricultural commodities, except those laboratories analyzing only meat and poultry products;
(LL)
Pecan Promotion and Research Act of 1990 (7 U.S.C. 6001-601 3), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in § 2.16(a)(3)(x) ;
(MM)
Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6101-611 2), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in § 2.16(a)(3)(x) ;
(NN)
Lime Research, Promotion, Research, and Consumer Information Act of 1990 (7 U.S.C. 6201-621 2), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in § 2.16(a)(3)(x) ;
(OO)
Soybean Promotion, Research, and Consumer Information Act (7 U.S.C. 6301-631 1), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in § 2.16(a)(3)(x) ;
(PP)
Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401-641 7), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in § 2.16(a)(3)(x) ;
(SS)
Organic Foods Production Act of 1990 (7 U.S.C. 6501-652 2), provided that the Administrator, Agricultural Marketing Service, will enter into agreements, as necessary, with the Administrator, Food Safety and Inspection Service, to provide inspection services;
(TT)
Pesticide Recordkeeping (7 U.S.C. 136i-1) with the provision that the Administrator, Agricultural Marketing Service, will enter into agreements, as necessary, with other Federal agencies;
(VV)
The Sheep Promotion, Research, and Information Act (7 U.S.C. 7101-711 1), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in § 2.16(a)(3)(x); and
(WW)
The Fresh Cut Flowers and Fresh Cut Greens Promotion and Consumer Information Act (7 U.S.C. 6801-681 4), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in § 2.16(a)(3)(x).
(YY)
The Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7411-742 5), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in § 2.16(a)(3)(x) ;
(ZZ)
The Canola and Rapeseed Research, Promotion, and Consumer Information Act (7 U.S.C. 7441-745 2), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in § 2.16(a)(3)(x) ;
(AAA)
The National Kiwifruit Research, Promotion, and Consumer Information Act (7 U.S.C. 7461-747 3), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in § 2.16(a)(3)(x) ;
(BBB)
The Popcorn Promotion, Research, and Consumer Information Act (7 U.S.C. 7481-749 1), except as delegated to the Under Secretary for Farm and Foreign Agricultural Services in § 2.16(a)(3)(x).
(HHH)
Section 7407 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5925c ), with respect to the collection and distribution of comprehensive reporting of prices relating to organically produced agricultural products.
(ix)
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 for Marketing and Regulatory Programs, 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.
(xi)
Administer a program for Dairy Product Mandatory Reporting (7 U.S.C. 1637-163 7b), with the assistance of the Under Secretary for Research, Education, and Economics.
(xii)
Assist the Under Secretary for Farm and Foreign Agricultural Services with implementing section 3205 of the Food, Conservation, and Energy Act of 2008 (22 U.S.C. 7112 note) regarding the Consultative Group to Eliminate the Use of Child Labor and Forced Labor in Imported Agricultural Products.
(2) Related to animal and plant health inspection.
Exercise the functions of the Secretary of Agriculture under the following authorities:
(i)
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;
(iv)
Section 18 of the Federal Meat Inspection Act, as amended, as it pertains to the issuance of certificates of condition of live animals intended and offered for export (21 U.S.C. 618 );
(x)
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);
(xii)
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 );
(xiii)
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 animal products; 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;
(xiv)
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;
(xxi)
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. 1581-161 0);
(xxii)
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 );
(xxv)
Authority to work with developed 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) );
(xxvi)
Authority to prescribe and collect fees under the Act of August 31, 1951, as amended (31 U.S.C. 9701 ), and sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a ), as amended;
(xviii)
Enter into cooperative research and development agreements with industry, universities, and others; institute a cash award program to reward scientific, engineering, and technical personnel; award royalties to inventors; and retain and use royalty income (15 U.S.C. 3710a-371 0c); and
(xxxx)
Sections 901-905 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 note).
(xxxv)
The responsibilities of the United States related to activities of the Office of International des Epizooties.
(xxxvi)
Implement the information disclosure authorities of section 1619(b)(3)(A) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8791(b)(3)(A) ).
(xxxvii)
Section 7524 of the Food, Conservation, and Energy Act of 2008 (21 U.S.C. 113a note), except for the suspension, revocation, or other impairment of a permit issued under that section.
(3) Related to grain inspection, packers and stockyards.
(i)
Exercise the authority of the Secretary of Agriculture contained in the U.S. Grain Standards Act, as amended (7 U.S.C. 71-87h ).
(ii)
Exercise the functions of the Secretary of Agriculture contained in the Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621-162 7), relating to inspection and standardization activities relating to grain.
(iv)
Enforce provisions of the Consumer Credit Protection Act (15 U.S.C. 1601-165 5, 1681-1681t) with respect to any activities subject to the Packers and Stockyards Act, 1921, as amended and supplemented.
(v)
Exercise the functions of the Secretary of Agriculture contained in section 1324 of the Food Security Act of 1985 (7 U.S.C. 1631 ).
(vi)
Administer responsibilities and functions assigned to the Secretary in section 11006 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 228 note), with respect to the Packers and Stockyards Act, 1921.
(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.
(i)
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 protection of livestock, poultry and crops and products thereof from biological and chemical warfare; and utilization or disposal of livestock and poultry exposed to radiation.
(ii)
Title II, Subtitles B and C, of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (7 U.S.C. 8401 note, 8401, 8411).
(6) 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. Provided, that with respect to biotechnology matters affecting egg products, the Assistant Secretary shall consult and coordinate activities of Department agencies with the Under Secretary for Food Safety.
(7) Related to environmental response.
With respect to land and facilities under his or her authority, exercise the functions delegated to the Secretary by Executive Order 12580, 3 CFR, 1987 Comp., p. 193, under the following provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“the Act”), as amended:
(i)
Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a), (b), and (c)(4)), with respect to removal and remedial actions in the event of release or threatened release of a hazardous substance, pollutant, or contaminant into the environment;
(ii)
Sections 104(e) -(h) of the Act (42 U.S.C. 9604(e) -(h)), with respect to information gathering and access requests and orders; compliance with Federal health and safety standards and wage and labor standards applicable to covered work; and emergency procurement powers;
(iii)
Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11) ), with respect to the reduction of exposure to significant risk to human health;
(iv)
Section 104(j) of the Act (42 U.S.C. 9604(j) ), with respect to the acquisition of real property and interests in real property required to conduct a remedial action;
(v)
The first two sentences of section 105(d) of the Act (42 U.S.C. 9605(d) ), with respect to petitions for preliminary assessment of a release or threatened release;
(vi)
Section 105(f) of the Act (42 U.S.C. 9605(f) ), with respect to consideration of the availability of qualified minority firms in awarding contracts, but excluding that portion of section 105(f) pertaining to the annual report to Congress;
(vii)
Section 109 of the Act (42 U.S.C. 9609 ), with respect to the assessment of civil penalties for violations of section 122 of the Act (42 U.S.C. 9622 ), and the granting of awards to individuals providing information;
(viii)
Section 111(f) of the Act (42 U.S.C. 9611(f) ), with respect to the designation of officials who may obligate money in the Hazardous Substances Superfund;
(ix)
Section 113(k) of the Act (42 U.S.C. 9613(k) ), with respect to establishing an administrative record upon which to base the selection of a response action and identifying and notifying potentially responsible parties;
(x)
Section 116(a) of the Act (42 U.S.C. 9616(a) ), with respect to preliminary assessment and site inspection of facilities;
(xi)
Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and (c)), with respect to public participation in the preparation of any plan for remedial action and explanation of variances from the final remedial action plan for any remedial action or enforcement action, including any settlement or consent decree entered into;
(xii)
Section 119 of the Act (42 U.S.C. 9119 ), with respect to indemnifying response action contractors;
(xiv)
Section 122 of the Act (42 U.S.C. 9622 ), with respect to settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 9622(b)(1) ), related to mixed funding agreements.
(8) Related to compliance with environmental laws.
With respect to facilities and activities under his or her authority, to exercise the authority of the Secretary of Agriculture pursuant to section 1-102 related to compliance with applicable pollution control standards and section 1-601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with the United States Environmental Protection Agency, or an administrative consent order or a consent judgment in an appropriate State, interstate, or local agency, containing a plan and schedule to achieve and maintain compliance with applicable pollution control standards established pursuant to the following: