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Ex. FED-074 Order Primary source read

Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures

Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures, 85 Fed. Reg. 17592 (Mar. 30, 2020)

Secretary of Health and Human Services · United States (Federal)

The COVID Project

The record

Jurisdiction
United States
Level
Federal
Authority
Defense Production Act § 102 (50 U.S.C. § 4512); Executive Order 13910
Issued
2020-03-25 Mar. 25, 2020
Effective
2020-03-25
End
120 days, extended; chloroquine and hydroxychloroquine removed July 7, 2020 (85 Fed. Reg. 40667); designation continued through the period (extension dates not verified) (read as 2021-09-30)
In force
Mar. 25, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Supply chain
Addressees
  • every person accumulating the designated materials
Functions reached
  • SC PPE for every industry (dental CH/ST/SC; physician SC; hospitals SC; home care SC; personal services SL; construction JS; manufacturing PF)
Collection
Federal health, safety and transport layer FED-A

Operative words

The following materials are designated pursuant to section 102 of the Defense Production Act (50 U.S.C. 4512) and Executive Order 13910 of March 23, 2020 (Preventing Hoarding of Health and Medical Resources to Respond to the Spread of COVID-19) as scarce materials or threatened materials: 1. N-95 Filtering Facepiece Respirators, including devices that are disposable half-face-piece nonpowered air-purifying particulate respirators intended for use to cover the nose and mouth of the wearer to help reduce wearer exposure to pathogenic biological airborne particulates 2. Other Filtering Facepiece Respirators (e.g., those designated as N99, N100, R95, R99, R100, or P95, P99, P100)... [and] elastomeric respirators, PAPRs, surgical masks, gloves, face shields, gowns, ventilators, sterilization services, disinfecting devices, medical gowns, sanitizing and disinfecting products

Enforcement

DPA § 103 criminal penalties; DOJ hoarding prosecutions

Notes

Fifteen categories of PPE and medical materials designated 'scarce'; the notice itself is the federal finding that the civilian supply of respirators and masks was insufficient in 2020Q2.

Retrieval note

Full list of fifteen items is in the exhibit; the bracketed summary after item 2 is a paraphrase to be quoted from the exhibit.