View all text of Subpart I [§ 2.55 - § 2.57]
§ 2.57 - Administrator, Food and Nutrition Service.
(a) Delegations. Pursuant to § 2.19(a)(1), (a)(2) and (a)(5), subject to reservations in § 2.91(b), the following delegations of authority are made by the Under Secretary for Food, Nutrition, and Consumer Services to the Administrator, Food and Nutrition Service:
(1) Administer the following legislation:
(i) 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.
(ii) 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.
(iii) Child Nutrition Act of 1966, as amended (42 U.S.C. 1771-1790).
(iv) Sections 933-939 of the Food, Agriculture, Conservation, and Trade Act Amendments of 1991 (7 U.S.C. 5930 note).
(v) Section 301 of the Healthy Meals for Healthy Americans Act of 1994 (Pub. L. 103-448).
(vi) Section 4402 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007).
(vii) Section 4403 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3171 note).
(viii) Section 4404 of the Farm Security and Rural Investment Act of 2002 (2 U.S.C. 1161).
(ix) Section 4142 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246).
(x) Section 4301 of the Food, Conservation, and Energy Act of 2008 (42 U.S.C. 1758a).
(xi) Section 4305 of the Food, Conservation, and Energy Act of 2008 (42 U.S.C. 1755a).
(xii) Section 4307 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246).
(xiii) Section 4208 of the Agriculture Improvement Act of 2018 (7 U.S.C. 2026a).
(xiv) Section 12614 of the Agriculture Improvement Act of 2018 (7 U.S.C. 6925).
(2) Administer those functions relating to the distribution and donation of agricultural commodities and products thereof under the following legislation:
(i) 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;
(ii) Section 709 of the Food and Agriculture Act of 1965, as amended (7 U.S.C. 1446a-1);
(iii) 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 (15 U.S.C. 713c), and related legislation;
(iv) Section 9 of the Act of September 6, 1958 (7 U.S.C. 1431b);
(v) Section 210 of the Agricultural Act of 1956 (7 U.S.C. 1859), except with respect to donations to Federal penal and correctional institutions;
(vi) [Reserved]
(vii) Section 311 of the Older Americans Act of 1965, as amended (42 U.S.C. 3030a);
(viii) Sections 412 and 413(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5179, 5180(b));
(ix) Sections 4 and 5 of the Agriculture and Consumer Protection Act of 1973, as amended (7 U.S.C. 612c note);
(x) Section 1114 of the Agriculture and Food Act of 1981, as amended (7 U.S.C. 1431e);
(xi) Section 1336 of the Agriculture and Food Act of 1981 (Pub. L. No. 97-98);
(xii) Emergency Food Assistance Act of 1983, as amended (7 U.S.C. 7501 et seq.);
(xiii) 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
(xiv) Section 110 of the Hunger Prevention Act of 1988 (7 U.S.C. 612c note).
(3) 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).
(4) In connection with the functions assigned in paragraphs (a)(1), (a)(2), and (a)(3) 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.
(5) Receive donation of food commodities under clause (3) of section 416(a) of the Agricultural Act of 1949, as amended, section 709 of the Food and Agriculture Act of 1965, as amended, section 5 of the Agriculture and Consumer Protection Act of 1973, section 1114(a) of the Agriculture and Food Act of 1981, and section 202(a) and 202A of the Emergency Food Assistance Act of 1983.
(6) Authorize defense emergency supplemental nutrition assistance program benefits.
(7) Develop and implement USDA policy and procedural guidelines for carrying out the Department's Consumer Affairs Plan.
(8) Advise the Secretary and other policy level officials of the Department on consumer affairs policies and programs.
(9) Coordinate USDA consumer affairs activities and monitor and analyze agency procedures and performance.
(10) 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.
(11) 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.
(12) Serve as a consumer ombudsman and communication link between consumers and the Department.
(13) Approve the designation of agency Consumer Affairs Contacts.
(14) 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.
(15) Administer the following provisions of the Agricultural Act of 2014, Public Law 113-79:
(i) Section 4004(b), relating to a demonstration project regarding the Food Distribution Program on Indian Reservations (7 U.S.C. 2013 note).
(ii) 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).
(iii) Section 4032, relating to annual State reporting on verification of Supplemental Nutrition Assistance Program participation (7 U.S.C. 2036c).
(iv) Section 4033, relating to service of traditional foods in public facilities (25 U.S.C. 443d).
(v) 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).
(16) 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).
(b) [Reserved]