§101.52. Controlling the general distribution of a material in the civilian market.
45 C.F.R. § 101.52
No allocation action taken by HHS may be used to control the general distribution of a material in the civilian market, unless the Secretary has:
Made a written finding that—
Such material is a scarce and critical material essential to the national defense, and
The requirements of the national defense for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship;
Submitted the finding for the President's approval through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism; and
The President has approved the finding.
Notes, amendments, and revision history
Authority
Authority: Defense Production Act of 1950, as amended (50 U.S.C. 4501, et seq. ), and Executive Order 13603 (77 FR 16651, 3 CFR, March 16, 2012).
Source
Source: 89 FR 9025, Feb. 9, 2024, unless otherwise noted.