---
kind: "section"
citation: "45 C.F.R. § 101.52"
title: "45"
number: "101.52"
heading: "Controlling the general distribution of a material in the civilian market."
url: "https://uscodex.org/cfr/45/101.52"
---

# §101.52. Controlling the general distribution of a material in the civilian market.


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:

- (a) **Made a written finding that—**
  - (1) Such material is a scarce and critical material essential to the national defense, and
  - (2) 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;
- (b) 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
- (c) **The President has approved the finding.**

## Notes

### 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.