(a) The Commissioner of Agriculture may designate as his agent any state or regional agency or municipality or employee thereof and delegate to such agent the authority to inspect in connection with the enforcement of the provisions of this title, or any regulation adopted, or permit or order issued, by the commissioner pursuant to this title. Any delegation of authority by the commissioner shall be with the consent of such state or regional agency or municipality. (b) Prior to the delegation of such authority, the Commissioner of Agriculture shall consider: (1) Whether a potential designee has or can obtain knowledge and training to carry out the delegated authority; (2) whether the delegated authority is within the jurisdiction of a potential designee pursuant to any other statute, regulation or local ordinance; and (3) whether a potential designee has the financial and administrative capacity to carry out the delegation. (c) Notwithstanding any delegation of authority pursuant to this section, the Commissioner of Agriculture shall retain authority to act under the provisions of this title and any decision by the commissioner shall preempt the decision of a designee.
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