provide a measure of household food consumption of individual household members and by region; analyze data from such surveys to provide a basis for dietary standards; and consult with Federal and State agencies, the Congress, universities, and other public and private organizations and the general public regarding food consumption, dietary intake and adequacy, and implications of the surveys on public policy regarding food and nutrition-related programs.

(9) Coordinate nutrition education and information projects within the Department.

(c) Related to consumer advise. (1) Develop and implement USDA policy and procedural guidelines for carrying out the Department's Consumer Affairs Plan.

(2) Advise the Secretary and other policy level officials of the Department on consumer affairs policies and programs.

(3) Coordinate USDA consumer affairs activities and monitor and analyze agency procedures and perform

ance.

(4) 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.

(5) Work with the office of Budget and Program Analysis and the Office of Governmental and Public Affairs to ensure coordination of USDA consumer affairs and public participation programs, policies and information, and to prevent duplication of responsibilities.

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

(7) Approve the designation agency Consumer Affairs Contacts.

of

(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

§ 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 facilities 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) Federal Seed Act, as amended (7 U.S.C. 1551-1611).

(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. Warhouse Act, as amended (7 U.S.C. 241-273).

(xvii) Tobacco Statistics

U.S.C. 501-508).

(xviii)-(xxi) [Reserved]

Act (7

(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) [Reserved]

(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).

(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) The Mexican Pink Bollworm Act (7 U.S.C. 145).

(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 (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).

(26) Virus-Serum-Toxin U.S.C. 151-158).

Act (21

(27) Anti-Hog-Cholera Serum and Hog-Cholera Virus Act (7 U.S.C. 851

855.).

(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 certi

fication 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)).

(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 expecting matters otherwise assigned.

(2) Administer transportation activities under section 201 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1291).

(3) Apply economics research findings in the analysis of agriculture transportation issues.

(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 agricultural transportation.

(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. 1621-1627), 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 dairy products; voluntary inspection of fresh and processed fruits and vetegables and related products; 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) Act of May 23, 1908, regarding inspection of dairy products for export (21 U.S.C. 693).

(ii) Poultry Products Inspection Act, as amended (21 U.S.C. 451-470).

(iii) Federal Meat Inspection Act, as amended, and related legislation excluding section 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, 691-692, 694695).

(iv) 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.

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

(vi) 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.

(vii) 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).

(viii) In carrying out the procurement functions in paragraphs (g)(2) (vi) and (vii) 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.

(ix) Process or Renovated Butter Act (26 U.S.C. 4817-4818).

(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 protec

ing a copy of the document or paper to the individual to be served or to a member of the partnership to be served, or to the president, secretary, or other executive officer or any director of the corporation or association to be served, or to the attorney or agent of record of such individual, partnership, corporation, organization, or association; or (2) by leaving a copy of the document or paper at the principal office or place of business or residence of such individual, partnership, corporation, organization, or association, or of his or its attorney or agent of record and mailing by regular mail another copy to each person at such address; or (3) by registering or certifying and mailing a copy of the document or paper, addressed to such individual, partnership, corporation, organization, or association, or to his or its attorney or agent of record, at his or its last known residence or principal office or place of business: Provided, That if the registered or certified document or paper is returned undelivered because the addressee refused or failed to accept delivery, the document or paper shall be served by remailing it by regular mail. Proof of service hereunder shall be made by the certification of the person who actually made the service: Provided, That if the service be made by mail, as outlined in paragraph (b)(3) of this section proof of service shall be made by the return post office receipt, in the case of registered or certified mail, or by the certificate of the person who mailed the matter by regular mail. The certificate and post office receipt contemplated herein shall be filed with the Hearing Clerk, and the fact of filing thereof shall be noted in the record of the proceeding.

(c) Extension of Time. The time for the filing of any document or paper required or authorized under the rules in this part to be filed may be extended by the Judge prior to the filing of the certification of the transcript if there is good reason for the extension. In all instances in which time permits, notice of the request for extension of the time shall be given to the other party with opportunity to submit views concerning the request.

(d) Effective Date of Filing. Any document or paper required or authorized under the rules in this part to be filed shall be deemed to be filed at the time when it reaches the Department of Agriculture in Washington, D.C.; or, if authorized to be filed with an officer or employee of the Department at any place outside the District of Columbia, it shall be deemed to be filed at the time when it reaches the office of such officer or employee.

(e) Computation of Time. Saturdays, Sundays and Federal holidays shall be included in computing the time allowed for the filing of any document or paper: Provided, That when such time expires on a Saturday, Sunday or Federal holiday, such period shall be extended to include the next following business day.

§ 1.175 Procedure following entry of cease and desist order.

(a) Request for Judicial Review. An association subject to a cease and desist order may, within thirty days following the date of the order, request the Secretary to institute proceedings for judicial review of the order. Such request shall, to the extent practicable, identify findings of fact, conclusions of law, and any part of the order which the association claims are in error. The Secretary shall, thereupon, file in the district in the judicial district in which such association has its principal place of business, a certified copy of the order and of all records in the proceeding, including the request of the association, together with a petition asking that the order be affirmed and enforced.

(b) Enforcement. If an association subject to a cease and desist order fails or neglects, within thirty days of the date of the order, or at any time thereafter, to obey such order, and has not made a request for judicial review as provided above, the Secretary shall file in the district court in the judicial district in which such association has its principal place of business a certified copy of the order and of all records in the proceeding, together with a petition asking that the order be enforced.