U.S. Code of Federal Regulations
Regulations most recently checked for updates: Sep 24, 2023
(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 et seq.), 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 4208 of the Agriculture Improvement Act of 2018 (7 U.S.C. 2026a).
(N) Section 12614 of the Agriculture Improvement Act of 2018 (7 U.S.C. 6925).
(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);
(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;
(G) Section 311 of the Older Americans Act of 1965, as amended (42 U.S.C. 3030a);
(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);
(L) Emergency Food Assistance Act of 1983, as amended (7 U.S.C. 7501 et seq.);
(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.
(vii) Administer the following provisions of the Agricultural Act of 2014, Public Law 113–79:
(A) Section 4004(b), relating to a demonstration project regarding the Food Distribution Program on Indian Reservations (7 U.S.C. 2013 note).
(B) Section 4031, relating to a Commonwealth of the Northern Mariana Islands pilot program regarding the Supplemental Nutrition Assistance Program (48 U.S.C. 1841 note).
(C) Section 4032, relating to annual State reporting on verification of Supplemental Nutrition Assistance Program participation (7 U.S.C. 2036c).
(D) Section 4033, relating to service of traditional foods in public facilities (25 U.S.C. 443d).
(E) Section 4214, relating to a pilot project for canned, frozen, or dried fruits and vegetables as part of the Fresh Fruit and Vegetable Program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a note).
(viii) Administer section 301 of the National Nutrition Monitoring and Related Research Act of 1990, relating to the Dietary Guidelines for Americans (7 U.S.C. 5341).
(ix) Implement section 242 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6952), relating to establishment of a multiagency task force for the purpose of providing coordination and direction for commodity 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).
(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.
(6) Carry out prize competition authorities in section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) related to functions otherwise delegated to the Under Secretary for Food, Nutrition, and Consumer Services, except for authorities delegated to the Chief Financial Officer in § 2.28(a)(29) and authorities reserved to the Secretary in paragraph (b)(2) of this section.
(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) Approval of prize competitions that may result in the award of more than $1,000,000 in cash prizes under section 24(m)(4)(B) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719(m)(4)(B)).