7 C.F.R. § 2.3

Authority of the Secretary to delegate authority

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(a) The general authority of the Secretary to make delegations of his authority is based on:

(1) Section 4(a) of Reorganization Plan No. 2 of 1953 (5 U.S.C. App.), which provides that the Secretary of Agriculture may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by an agency or employee, of the Department of Agriculture of any function of the Secretary, including any function transferred to the Secretary by the provisions of this reorganization plan; and

(2) Section 212(a)(1) of the Department of Agriculture Reorganization Act of 1994, Pub. L. No. 103-354, 7 U.S.C. 6912(a)(1), which provides that the Secretary may delegate to any agency, office, officer, or employee of the Department the authority to perform any function transferred to the Secretary under 7 U.S.C. 6912(a) or any other function vested in the Secretary as of the date of the enactment of the Act.

(b) [Reserved]

Notes of Decisions

Cited in 3 cases, 1980–2005 · leading case: Jedatt, Inc. v. United States Dep't of Agric., 488 F. Supp. 261 (E.D. Mich. 1980).

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Jedatt, Inc. v. United States Dep't of Agric., 488 F. Supp. 261 (E.D. Mich. 1980). “§ 2013 ; 7 C.F.R. § 2.3 (1979); 7 C.F.R. § 2.15 (1979); 7 C.”

White Eagle Coop. Ass'n v. Johanns, 396 F. Supp. 2d 954 (N.D. Ind. 2005). “§ 6912 (a)(1) and 7 C.F.R. §§ 2.3 , 2.79(a)(8)(viii) demonstrate that the Administrator was in fact delegated authority to act for the Secretary in matters concerning milk marketing regulation.”

White Eagle Co-op. Ass'n v. Johanns, 396 F. Supp. 2d 954 (N.D. Ind. 2005). “§ 6912 (a)(1) and 7 C.F.R. §§ 2.3 , 2.79(a)(8)(viii) demonstrate that the Administrator was in fact delegated authority to act for the Secretary in matters concerning milk marketing regulation.”

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