21 U.S. Code § 356e - Drug shortage list
The Secretary shall maintain an up-to-date list of drugs that are determined by the Secretary to be in shortage in the United States.
For each drug on such list, the Secretary shall include the following information:
(3) The reason for the shortage, as determined by the Secretary, selecting from the following categories:
(c) Public availability
(1) In general
Subject to paragraphs (2) and (3), the Secretary shall make the information in such list publicly available.
(2) Trade secrets and confidential information
(3) Public health exception
The Secretary may choose not to make information collected under this section publicly available under paragraph (1) or section 356c (c) of this title if the Secretary determines that disclosure of such information would adversely affect the public health (such as by increasing the possibility of hoarding or other disruption of the availability of drug products to patients).
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