PART 1-ADMINISTRATIVE

REGULATIONS

DELEGATIONS OF AUTHORITY TO THE UNDER SECRETARY AND ASSISTANT SECRETARY OF AGRICULTURE

AUTHORITY: §§ 1.5 to 1.17, inclusive, issued under 25 Stat. 659, 34 Stat. 670, 53 Stat. 809; 5 U.S.C. 517, 514b.

§ 1.5 Programs and statutes administered through the Agricultural Adjustment Administration (including the Sugar Division). (a) Subject to the provisions of paragraphs (b), (c), and (d) of this section, the Secretary of Agriculture hereby delegates to the Under Secretary of Agriculture and to the Assistant Secretary of Agriculture, severally, the authority to perform the duties and to exercise the powers and functions which are now, or which may hereafter be, vested in the Secretary of Agriculture in the administration of the programs and statutes which are now, or which may hereafter be, administered through the Agricultural Adjustment Administration (including the Sugar Division).

(b) This section shall not be construed to confer upon the Under Secretary or the Assistant Secretary authority:

(1) To promulgate new rules and regulations, or to change existing rules and regulations, which are designed to have the force of law, to be binding upon the public, and to be recognized and enforced by the courts;

(2) To make reports or recommendations to, or findings or determinations for, the President, the Congress, or the heads of other executive departments or independent establishments of the Government; or

(3) To perform the duties of the Secretary of Agriculture as a member of any board, committee, or commission upon

which the Secretary has been directed by law to serve.

(c) In the performance of the duties and in the exercise of the powers and functions referred to in paragraph (a) of this section, the Under Secretary and the Assistant Secretary shall be governed by the precedents which have been established by the Secretary of Agriculture in the determination of similar matters, together with such modifications as the Secretary may hereafter find proper to indicate. The determination of any matter which requires the application of new principles or a departure from principles heretofore announced by the Secretary shall be brought to the attention of the Secretary for approval.

(d) The provisions of this section are not intended to supersede or modify any delegations of authority heretofore made by the Secretary of Agriculture and shall not preclude the Secretary from exercising any of the authority herein conferred upon the Under Secretary or the Assistant Secretary. [Order Sec. Agric., Mar. 10, 1941; 6 F.R. 1420]

§ 1.6 Programs and statutes administered through the Agricultural Marketing Service. (a) Subject to the provisions of paragraphs (b), (c), and (d) of this section, the Secretary of Agriculture hereby delegates to the Under Secretary of Agriculture and to the Assistant Secretary of Agriculture, severally, the authority to perform the duties and to exercise the powers and functions which are now, or which may hereafter be, vested in the Secretary of Agriculture in the administration of the programs and statutes which are now, or which may hereafter be, administered through the Agricultural Marketing Service.

(b) This section shall not be construed to confer upon the Under Secretary or the Assistant Secretary authority:

(1) To promulgate new rules and regulations, or to change existing rules and regulations, which are designed to have the force of law, to be binding upon the public, and to be recognized and enforced by the courts;

(2) To make reports or recommendations to, or findings or determinations for, the President, the Congress, or the heads of other executive departments or independent establishments of the Government; or

(3) To perform the duties of the Secretary of Agriculture as a member of any board, committee, or commission upon which the Secretary has been directed by law to serve.

(c) In the performance of the duties and in the exercise of the powers and functions referred to in paragraph (a) of this section, the Under Secretary and the Assistant Secretary shall be governed by the precedents which have been established by the Secretary of Agriculture in the determination of similar matters, together with such modifications as the Secretary may hereafter find proper to indicate. The determination of any matter which requires the application of new principles or a departure from principles heretofore announced by the Secretary shall be brought to the attention of the Secretary for approval.

(d) The provisions of this section are not intended to supersede or modify any delegations of authority heretofore made by the Secretary of Agriculture and shall not preclude the Secretary from exercising any of the authority herein conferred upon the Under Secretary or the Assistant Secretary. [Order, Sec. Agric., Mar. 10, 1941; 6 F.R. 1420]

§ 1.7 Programs and statutes administered through the Bureau of Agricultural Chemistry and Engineering and certain other agencies of the Department of Agriculture. (a) Subject to the provisions of paragraphs (b), (c), and (d) of this section, the Secretary of Agriculture hereby delegates to the Under Secretary of Agriculture and to the Assistant Secretary of Agriculture, severally, the authority to perform the duties and to exercise the powers and functions which are now, or which may hereafter be, vested in the Secretary of Agriculture in the administration of the programs

and statutes which are now, or which may hereafter be, administered through any of the following agencies of the Department of Agriculture: Bureau of Agricultural Chemistry and Engineering, Bureau of Agricultural Economics, Bureau of Home Economics, Bureau of Plant Industry, Office of Budget and Finance, Office of Civilian Conservation Corps Activities, Office of Experiment Stations, Extension Service, Office of Foreign Agricultural Relations, Office of Information, Office of Land Use Coordination, Library, Office of Marketing, Office of Personnel, Office of Plant and Operations, and Office of the Solicitor.

(b) This section shall not be construed to confer upon the Under Secretary or the Assistant Secretary authority:

(1) To promulgate new rules and regulations, or to change existing rules and regulations, which are designed to have the force of law, to be binding upon the public, and to be recognized and enforced by the courts;

(2) To make reports or recommendations to, or findings or determinations for, the President, the Congress, or the heads of other executive departments or independent establishments of the Government; or

(3) To perform the duties of the Secretary of Agriculture as a member of any board, committee, or commission upon which the Secretary has been directed by law to serve.

(c) In the performance of the duties and in the exercise of the powers and functions referred to in paragraph (a) of this section, the Under Secretary and the Assistant Secretary shall be governed by the precedents which have been established by the Secretary of Agriculture in the determination of similar matters, together with such modifications as the Secretary may hereafter find proper to indicate. The determination of any matter which requires the application of new principles or a departure from principles heretofore announced by the Secretary shall be brought to the attention of the Secretary for approval.

(d) The provisions of this section are not intended to supersede or modify any delegations of authority heretofore made by the Secretary of Agriculture and shall not preclude the Secretary from exer

cising any of the authority herein conferred upon the Under Secretary or the Assistant Secretary. [Order, Sec. Agric., Mar. 10, 1941; 6 F.R. 1421]

§ 1.8 Programs and statutes administered through the Bureau of Animal Industry. (a) Subject to the provisions of paragraphs (b), (c), and (d) of this section, the Secretary of Agriculture hereby delegates to the Under Secretary of Agriculture and to the Assistant Secretary of Agriculture, severally, the authority to perform the duties and to exercise the powers and functions which are now, or which may hereafter be, vested in the Secretary of Agriculture in the administration of the programs and statutes which are now, or which may hereafter be, administered through the Bureau of Animal Industry.

(b) This section shall not be construed to confer upon the Under Secretary or the Assistant Secretary authority:

(1) To promulgate new rules and regulations, or to change existing rules and regulations, which are designed to have the force of law, to be binding upon the public, and to be recognized and enforced by the courts: Provided, however, That, while only the Secretary shall tentatively approve or execute any anti-hogcholera serum and hog-cholera virus marketing agreement and shall issue any anti-hog-cholera serum and hog-cholera virus marketing order entered into or promulgated pursuant to and after the hearing required by sections 56-60, inclusive, of the Act approved August 24, 1935 (49 Stat. 781; 7 U.S.C. 851-855), and shall amend or terminate any such marketing agreement or order, the Under Secretary and the Assistant Secretary, severally, shall have authority to make such determinations and to issue such regulations or orders as may be deemed necessary or proper in the administration of any such marketing agreement or marketing order;

(2) To make reports or recommendations to, or findings or determinations for, the President, the Congress, or the heads of other executive departments or independent establishments of the Government; or

(3) To perform the duties of the Secretary of Agriculture as a member of any board, committee, or commission upon

which the Secretary has been directed by law to serve.

(c) In the performance of the duties and in the exercise of the powers and functions referred to in paragraph (a) of this section, the Under Secretary and the Assistant Secretary shall be governed by the precedents which have been established by the Secretary of Agriculture in the determination of similar matters, together with such modifications as the Secretary may hereafter find proper to indicate. The determination of any matter which requires the application of new principles or a departure from principles heretofore announced by the Secretary shall be brought to the attention of the Secretary for approval.

(d) The provisions of this section are not intended to supersede or modify any delegations of authority heretofore made by the Secretary of Agriculture and shall not preclude the Secretary from exercising any of the authority herein conferred upon the Under Secretary or the Assistant Secretary. [Order, Sec. Agric., Mar. 10, 1941; 6 F.R. 14211

§ 1.9 Programs and statutes administered through the Bureau of Dairy Industry. (a) Subject to the provisions of paragraphs (b), (c), and (d) of this section, the Secretary of Agriculture hereby delegates to the Under Secretary of Agriculture and to the Assistant Secretary of Agriculture, severally, the authority to perform the duties and to exercise the powers and functions which are now, or which may hereafter be, vested in the Secretary of Agriculture in the administration of the programs and statutes which are now or which may hereafter be, administered through the Bureau of Dairy Industry.

(b) This section shall not be construed to confer upon the Under Secretary or the Assistant Secretary authority:

(1) To promulgate new rules and regulations, or to change existing rules and regulations, which are designed to have the force of law, to be binding upon the public, and to be recognized and enforced by the courts;

(2) To make reports or recommendations to, or findings or determinations for, the President, the Congress, or the heads of other executive departments or

independent establishments of the Govment; or

(3) To perform the duties of the Secretary of Agriculture as a member of any board, committee, or commission upon which the Secretary has been directed by law to serve.

(c) In the performance of the duties and in the exercise of the powers and functions referred to in paragraph (a) of this section, the Under Secretary and the Assistant Secretary shall be governed by the precedents which have been established by the Secretary of Agriculture in the determination of similar matters, together with such modifications as the Secretary may hereafter find proper to indicate. The determination of any matter which requires the application of new principles or a departure from principles heretofore announced by the Secretary shall be brought to the attention of the Secretary for approval.

(d) The provisions of this section are not intended to supersede or modify any delegations of authority heretofore made by the Secretary of Agriculture and shall not preclude the Secretary from exercising any of the authority herein conferred upon the Under Secretary or the Assistant Secretary. [Order, Sec. Agric., Mar. 10, 1941; 6 F.R. 1422]

§ 1.10 Programs and statutes administered through the Bureau of Entomology and Plant Quarantine. (a) Subject to the provisions of paragraphs (b), (c), and (d) of this section, the Secretary of Agriculture hereby delegates to the Under Secretary of Agriculture and to the Assistant Secretary of Agriculture, severally, the authority to perform the duties and to exercise the powers and functions which are now, or which may hereafter be, vested in the Secretary of Agriculture in the administration of the programs and statutes which are now, or which may hereafter be, administered through the Bureau of Entomology and Plant Quarantine.

(b) This section shall not be construed to confer upon the Under Secretary or the Assistant Secretary authority:

(1) To promulgate new rules and regulations, or to change existing rules and regulations, which are designed to have the force of law, to be binding upon

the public, and to be recognized and enforced by the courts;

(2) To make reports or recommendations to, or findings or determinations for, the President, the Congress, or the heads of other executive departments or independent establishments of the Government; or

(3) To perform the duties of the Secretary of Agriculture as a member of any board, committee, or commission upon which the Secretary has been directed by law to serve.

(c) In the performance of the duties and in the exercise of the powers and functions referred to in paragraph (a) of this section, the Under Secretary and the Assistant Secretary shall be governed by the precedents which have been established by the Secretary of Agriculture in the determination of similar matters, together with such modifications as the Secretary may hereafter find proper to indicate. The determination of any matter which requires the application of new principles or a departure from principles heretofore announced by the Secretary shall be brought to the attention of the Secretary for approval.

(d) The provisions of this section are not intended to supersede or modify any delegations of authority heretofore made by the Secretary of Agriculture and shall not preclude the Secretary from exercising any of the authority herein conferred upon the Under Secretary or the Assistant Secretary. [Order, Sec. Agric., Mar. 10, 1941; 6 F.R. 1422]

§ 1.11 Programs and statutes administered through the Commodity Credit Corporation. (a) Subject to the provisions of paragraphs (b), (c), and (d) of this section, the Secretary of Agriculture hereby delegates to the Under Secretary of Agriculture and to the Assistant Secretary of Agriculture, severally, the authority to perform the duties and to exercise the powers and functions which are now, or which may hereafter be, vested in the Secretary of Agriculture in the administration of the programs and statutes which are now, or which may hereafter be, administered through the Commodity Credit Corporation.

(b) This section shall not be construed to confer upon the Under Secretary or the Assistant Secretary authority: