3-374

3-374. Availability of information to the
public

A. Any records, reports or information obtained from any person under this article,
including records, reports or information obtained or prepared by the department, shall
be available to the public, except that the information, or a particular part of the
information, shall be considered confidential on either:

1. A showing, satisfactory to the director, by any person that the information, or
a particular part of the information, if made public, would divulge the trade secrets of
the person.

2. A determination by the attorney general that disclosure of the information, or a
particular part of the information, would be detrimental to an ongoing investigation by
the director.

3. A determination by the attorney general that disclosure of the information or a
particular part of the information would be detrimental to an ongoing criminal
investigation or to an ongoing or contemplated civil enforcement action under this
article in superior court.

B. Notwithstanding subsection A, the following information shall be available to
the public:

1. The name and address of any permit applicant or permittee.

2. Information contained in or derivable from the pesticide label or the relevant
material safety data sheet.

C. Notwithstanding subsection A, the director may disclose any records, reports or
information obtained from any person under this article, including records, reports or
information obtained by the department, to:

1. Other state employees concerned with administering this article or if relevant
to any administrative or judicial proceeding under this article.

2. Employees of the United States environmental protection agency if such
information is necessary or required to administer and implement or comply with
applicable federal law.