Section 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.