---
kind: "section"
citation: "21 C.F.R. § 17.28"
title: "21"
number: "17.28"
heading: "Protective order."
url: "https://uscodex.org/cfr/21/17.28"
---

# §17.28. Protective order.

- (a) A party or a prospective witness may file a motion for a protective order with respect to discovery sought by a party or with respect to the hearing, seeking to limit the availability or disclosure of evidence.
- (b) When issuing a protective order, the presiding officer may make any order which justice requires to protect a party or person from oppression or undue burden or expense, or to protect trade secrets or confidential commercial information, as defined in [§ 20.61](/cfr/21/20.61.md) of this chapter, information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, or other information that would be withheld from public disclosure under [21 CFR part 20](/cfr/21/part20.md). Such orders may include, but are not limited to, one or more of the following:
  - (1) That the discovery not be had;
  - (2) That the discovery may be had only on specified terms and conditions, including a designation of the time or place;
  - (3) That the discovery may be had only through a method of discovery provided for by this part other than that requested;
  - (4) That certain matters not be inquired into, or that the scope of discovery be limited to certain matters;
  - (5) That the contents of discovery or evidence be sealed;
  - (6) That the information not be disclosed to the public or be disclosed only in a designated way; or
  - (7) That the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the presiding officer.

## Notes

### Authority

Authority: 15 U.S.C. 1451-1461; 21 U.S.C. 141-149, 321-394, 467f, 679, 821, 1034; 28 U.S.C. 2112; 42 U.S.C. 201-262, 263b, 364.

### Source

Source: 60 FR 38626, July 27, 1995, unless otherwise noted.