---
kind: "section"
citation: "7 C.F.R. § 789.33"
title: "7"
number: "789.33"
heading: "Controlling the general distribution of a material in the civilian market."
url: "https://uscodex.org/cfr/7/789.33"
---

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

- (a) No allocations by USDA may be used to control the general distribution of a material in the civilian market, unless the Secretary has:
  - (1) **Made a written finding that—**
    - (i) Such material is a scarce and critical material essential to the national defense; and
    - (ii) 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;
  - (2) 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
  - (3) **The President has approved the finding.**
- (b) [Reserved]

## Notes

### Authority

Authority: 50 U.S.C. App. 2061-2170, 2171, and 2172; 42 U.S.C. 5195-5197h.

### Source

Source: 80 FR 63898, Oct. 22, 2015, unless otherwise noted.