Is stockpiling illegal? What hoarding law and price-gouging rules cover at home

What is being shared

Since the UK government launched its campaign on October 22 asking households to be ready for 3 days of disruption, headlines such as "UK government advises stockpiling water and food" (The National, October 23) have drawn new attention to stocking up at home, and people in the US are searching a simple question: is stockpiling illegal?

Some people remember 2020, when the federal government acted against hoarding of masks and other medical supplies. That doesn't mean that keeping food and water at home breaks a law. The US has issued no new call to stockpile; we checked that here. This page sets out what the federal hoarding rule and state price-gouging laws actually cover.

What the federal hoarding law says

The US hoarding rule is section 102 of the Defense Production Act, now 50 U.S.C. 4512. It says: "In order to prevent hoarding, no person shall accumulate (1) in excess of the reasonable demands of business, personal, or home consumption, or (2) for the purpose of resale at prices in excess of prevailing market prices, materials which have been designated by the President as scarce materials or materials the supply of which would be threatened by such accumulation."

So the rule has two parts. It only reaches materials the President has designated. And even for those, it only covers amounts beyond reasonable business, personal or home use, or buying to resell above the going price. The law also says every designation, and any withdrawal of one, must be published in the Federal Register.

The penalty section, 50 U.S.C. 4513, applies to anyone who "willfully" breaks the rules in this part of the law: on conviction, a fine of up to $10,000, up to a year in prison, or both.

The last time it was used: COVID medical supplies

On March 23, 2020, Executive Order 13910 said it was US policy that health and medical resources needed to respond to COVID-19, "such as personal protective equipment and sanitizing and disinfecting products, are not hoarded." It handed the President's section 102 power to the Secretary of Health and Human Services.

HHS designated 15 kinds of item, taking effect March 25, 2020. The list was clinical: N95 and other respirators, ventilators, chloroquine and hydroxychloroquine, sterilization services, gowns, coveralls, face masks, surgical masks, face shields and gloves, and disinfecting products "suitable for use in a clinical setting." Food and bottled water were not on it.

HHS extended the list in July 2020, February 2021 and July 2021, trimming it along the way. Its July 2021 notice dropped N95s and other items "because they are no longer scarce or threatened materials," and said the designation "terminates on November 15, 2021."

Executive Order 14122 of April 12, 2024 revoked Executive Order 13910. On May 14, 2025, HHS rescinded that July 2021 notice, one of what it called "four informal guidance documents."

What is confirmed, and what is not

Confirmed: the federal hoarding rule is still in the US Code, with criminal penalties. It applies only to materials designated as scarce, and only to amounts beyond reasonable personal or home use, or bought to resell above market prices. The 2020 order that produced the last list has been revoked, and the last list has been rescinded.

Not found: any designation in force today. We found no newer designation in the Federal Register records we checked. A new one would have to be published there, and this page will change if one is.

Not covered here: every state's and city's emergency powers. This page covers the federal hoarding rule and state price-gouging laws in general, from official sources. It isn't legal advice, and it doesn't mean we have checked every local rule.

Price gouging: rules for sellers

Price gouging is a different thing from stocking up. The Congressional Research Service, Congress's research office, describes it as a phrase "commonly used to refer to sellers increasing prices to take advantage of certain circumstances" such as emergencies, when supply drops but demand doesn't.

In a May 5, 2026 report on gasoline prices, CRS says a majority of states, as well as the District of Columbia, Guam and the Northern Mariana Islands, have laws or regulations that prohibit price gouging, excessive price increases or unconscionable pricing. Most are triggered by a declared emergency, and other states may use their general deceptive trade practice laws. It also says no federal statute specifically addresses retail gasoline price spikes caused by individual sellers acting on their own.

These laws are about the price charged for a sale. They don't limit how much a household buys or keeps. They can matter if you buy up goods to resell after a disaster, and the rules differ from state to state. USA.gov lists every state attorney general, the top legal officer in each state or territory.

What it means for your home

Official US advice is to keep supplies, not to avoid them. Ready.gov says that after an emergency "you may need to survive on your own for several days," and that "being prepared means having your own food, water and other supplies to last for several days." CDC says to store at least 1 gallon of water per person, per day for 3 days, and to "try to store a 2-week supply if possible."

Ready.gov also says to build an emergency supply kit over time, starting with items you may already have, and that when you go to the grocery store, "you can pick up an extra item each time that you use regularly." That is how official advice expects households to build a supply: gradually, from things they use.

Our emergency kit checklist, how much water to store and how to stockpile food and water guides set out the basics, and the kit builder sizes Ready.gov's list to your household.

What not to do

Don't buy large amounts to resell after a storm or other emergency: state price-gouging laws may apply to you as a seller. Don't clear shelves in a rush either; a few extra items on each regular shop builds the same supply without leaving neighbors short.

And don't buy anything because of this headline. If you already have several days of food and water at home, you're doing what Ready.gov asks.