§ 2-16-418 — Protection of trade secrets and other information

(a) In submitting data required by this subchapter, the applicant may: (1) Clearly mark any portions thereof which in his or her opinion are trade secrets or commercial or financial information; and (2) Submit such marked material separately from other material required to be submitted under this subchapter. (b) Notwithstanding any other provision of this subchapter, the Department of Agriculture shall not make public any information which, in its judgment, contains or relates to trade secrets or commercial or financial information obtained from a person and is privileged or confidential, except that, when necessary to carry out the provisions of this subchapter, information relating to formulas of products acquired by authorization of this subchapter may be revealed to any state or federal agency consulted or in findings of fact issued by the State Plant Board. (c) (1) If the board proposes to release for inspection information which the applicant or registrant believes to be protected from disclosure under subsection (b) of this section, it shall notify the applicant or registrant, in writing, by certified mail. (2) The board shall not, after issuing the notice as provided in this subsection, make available for inspection the data until thirty (30) days after receipt of the notice by the applicant or registrant. (3) During this period, the applicant or registrant may institute an action in an appropriate court for a declaratory judgment as to whether the information is subject to protection under subsection (b) of this section.

Legislative History

Amended by Act 2021, No. 557,§ 1, eff. 7/28/2021. Acts 1975, No. 410, § 19; A.S.A. 1947, § 77-245.