7 CFR § 789.33 - Controlling the general distribution of a material in the civilian market.

---
identifier: "/us/cfr/t7/s789.33"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "7 CFR § 789.33 - Controlling the general distribution of a material in the civilian market."
title_number: 7
title_name: "Agriculture"
section_number: "789.33"
section_name: "Controlling the general distribution of a material in the civilian market."
chapter_name: "FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE"
subchapter_number: "D"
subchapter_name: "SPECIAL PROGRAMS"
part_number: "789"
part_name: "AGRICULTURE PRIORITIES AND ALLOCATIONS SYSTEM (APAS)"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "50 U.S.C. App. 2061-2170, 2171, and 2172; 42 U.S.C. 5195-5197h."
regulatory_source: "80 FR 63898, Oct. 22, 2015, unless otherwise noted."
cfr_part: "789"
---


# 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]