§ 3.2-3908. Protection of trade secrets and other information.
A. In submitting data required by this chapter, the applicant may: (i)clearly mark any portions that he believes are trade secrets or commercial orfinancial information; and (ii) submit such marked materials separately fromother material.
B. The Commissioner shall not make public information that, in his judgment,contains or relates to trade secrets or commercial or financial information.The Commissioner may reveal information:
1. Relating to formulas of products to any consulting federal, state, orlocal agency at a public hearing or in findings of fact issued by theCommissioner or Board;
2. To any person in connection with a public proceeding under law orregulation if the Commissioner finds the information relevant to adetermination that a pesticide, or any ingredient of a pesticide, causesunreasonable adverse effects on health or the environment;
3. To contractors with the Commonwealth and employees of such contractors ifthe Commissioner finds disclosure necessary and requires, as a condition tothe disclosure of information, that the person receiving it take any securityprecautions as provided for by regulation;
4. Concerning production, distribution, sale, or inventories in connectionwith a public proceeding to determine whether a pesticide or any ingredientof a pesticide causes unreasonable adverse effects on health or theenvironment if the Commissioner determines that disclosure is necessary andin the public interest; and
5. Concerning the objectives, methodology, results, or significance of anytest or experiment performed on or with a registered or previously registeredpesticide or its separate ingredients, impurities, or degradation products;any information concerning the effects of such pesticide on any organism orthe behavior of such pesticide in the environment including data on safety tofish and wildlife, humans and other mammals, plants, animals, and soil; andstudies on persistence, translocation and fate in the environment, andmetabolism. Information concerning: (i) manufacturing or quality controlprocesses; (ii) the details of methods for testing, detecting, or measuringthe quantity of any deliberately added inert ingredient; or (iii) theidentity or percentage quantity of any deliberately added inert ingredient,shall not be revealed unless the Commissioner determines that disclosure isnecessary to protect against an unreasonable risk of injury to health or theenvironment.
C. 1. The Commissioner shall notify the applicant or registrant in writing bycertified mail if he proposes to release information that the applicant orregistrant marked as confidential. The Commissioner shall not release suchinformation for inspection until 30 days after receipt of the notice by theapplicant or registrant. During this period, the applicant or registrant mayinstitute an action in circuit court for a declaratory judgment as to whethersuch information is subject to protection.
2. The Commissioner shall notify the submitter by certified mail if heproposes to release information under subdivision B 4 or B 5. TheCommissioner shall not release such information without the submitter'sconsent until 30 days after receipt of the notice by the submitter. TheCommissioner may select alternative notice procedures and a shorter period ofnotice if he finds that disclosure is necessary to avoid or mitigate animminent and substantial risk or injury to the public health. During suchperiod the submitter may institute an action in circuit court to enjoin orlimit the proposed disclosure. The court shall give expedited considerationto any such action. The court may enjoin disclosure, limit the disclosure, orlimit the parties to whom disclosure shall be made to the extent that: (i)the proposed disclosure of information under subdivision B 4 is not requiredto protect against an unreasonable risk of injury to health or theenvironment; or (ii) the public interest in the disclosure of information inthe public proceeding under subdivision B 5 does not outweigh the interestsin preserving the confidentiality of the information.
D. The Commissioner shall not knowingly disclose information submitted by anapplicant or registrant under this chapter to any employee or agent of anyentity engaged in the production, sale, or distribution of pesticides incountries other than the United States or to any person who intends todeliver such data to any such entity unless the applicant or registrant hasconsented to disclosure. The Commissioner shall require an affirmation fromany person who intends to inspect data that such person does not seek accessto the data for purposes of delivering it or offering it for sale to any suchbusiness or entity or its agents or employees and will not purposefullydeliver or negligently cause the data to be delivered to such business orentity or its agents or employees.
E. The Commissioner shall maintain records of the names of persons to whomdata are disclosed under this section and the persons or organizations theyrepresent and shall inform the applicant or registrant of the names andaffiliation of such persons.
F. Any person, who, with intent to defraud, uses or reveals informationrelative to formulas of products acquired pursuant to this chapter is guiltyof a Class 6 felony.
(Code 1950, § 3-208.36; 1966, c. 702, § 3.1-238; 1975, c. 102; 1989, c. 575,§ 3.1-249.68; 2008, c. 860.)
§ 3.2-3908. Protection of trade secrets and other information.
A. In submitting data required by this chapter, the applicant may: (i)clearly mark any portions that he believes are trade secrets or commercial orfinancial information; and (ii) submit such marked materials separately fromother material.
B. The Commissioner shall not make public information that, in his judgment,contains or relates to trade secrets or commercial or financial information.The Commissioner may reveal information:
1. Relating to formulas of products to any consulting federal, state, orlocal agency at a public hearing or in findings of fact issued by theCommissioner or Board;
2. To any person in connection with a public proceeding under law orregulation if the Commissioner finds the information relevant to adetermination that a pesticide, or any ingredient of a pesticide, causesunreasonable adverse effects on health or the environment;
3. To contractors with the Commonwealth and employees of such contractors ifthe Commissioner finds disclosure necessary and requires, as a condition tothe disclosure of information, that the person receiving it take any securityprecautions as provided for by regulation;
4. Concerning production, distribution, sale, or inventories in connectionwith a public proceeding to determine whether a pesticide or any ingredientof a pesticide causes unreasonable adverse effects on health or theenvironment if the Commissioner determines that disclosure is necessary andin the public interest; and
5. Concerning the objectives, methodology, results, or significance of anytest or experiment performed on or with a registered or previously registeredpesticide or its separate ingredients, impurities, or degradation products;any information concerning the effects of such pesticide on any organism orthe behavior of such pesticide in the environment including data on safety tofish and wildlife, humans and other mammals, plants, animals, and soil; andstudies on persistence, translocation and fate in the environment, andmetabolism. Information concerning: (i) manufacturing or quality controlprocesses; (ii) the details of methods for testing, detecting, or measuringthe quantity of any deliberately added inert ingredient; or (iii) theidentity or percentage quantity of any deliberately added inert ingredient,shall not be revealed unless the Commissioner determines that disclosure isnecessary to protect against an unreasonable risk of injury to health or theenvironment.
C. 1. The Commissioner shall notify the applicant or registrant in writing bycertified mail if he proposes to release information that the applicant orregistrant marked as confidential. The Commissioner shall not release suchinformation for inspection until 30 days after receipt of the notice by theapplicant or registrant. During this period, the applicant or registrant mayinstitute an action in circuit court for a declaratory judgment as to whethersuch information is subject to protection.
2. The Commissioner shall notify the submitter by certified mail if heproposes to release information under subdivision B 4 or B 5. TheCommissioner shall not release such information without the submitter'sconsent until 30 days after receipt of the notice by the submitter. TheCommissioner may select alternative notice procedures and a shorter period ofnotice if he finds that disclosure is necessary to avoid or mitigate animminent and substantial risk or injury to the public health. During suchperiod the submitter may institute an action in circuit court to enjoin orlimit the proposed disclosure. The court shall give expedited considerationto any such action. The court may enjoin disclosure, limit the disclosure, orlimit the parties to whom disclosure shall be made to the extent that: (i)the proposed disclosure of information under subdivision B 4 is not requiredto protect against an unreasonable risk of injury to health or theenvironment; or (ii) the public interest in the disclosure of information inthe public proceeding under subdivision B 5 does not outweigh the interestsin preserving the confidentiality of the information.
D. The Commissioner shall not knowingly disclose information submitted by anapplicant or registrant under this chapter to any employee or agent of anyentity engaged in the production, sale, or distribution of pesticides incountries other than the United States or to any person who intends todeliver such data to any such entity unless the applicant or registrant hasconsented to disclosure. The Commissioner shall require an affirmation fromany person who intends to inspect data that such person does not seek accessto the data for purposes of delivering it or offering it for sale to any suchbusiness or entity or its agents or employees and will not purposefullydeliver or negligently cause the data to be delivered to such business orentity or its agents or employees.
E. The Commissioner shall maintain records of the names of persons to whomdata are disclosed under this section and the persons or organizations theyrepresent and shall inform the applicant or registrant of the names andaffiliation of such persons.
F. Any person, who, with intent to defraud, uses or reveals informationrelative to formulas of products acquired pursuant to this chapter is guiltyof a Class 6 felony.
(Code 1950, § 3-208.36; 1966, c. 702, § 3.1-238; 1975, c. 102; 1989, c. 575,§ 3.1-249.68; 2008, c. 860.)
§ 3.2-3908. Protection of trade secrets and other information.
A. In submitting data required by this chapter, the applicant may: (i)clearly mark any portions that he believes are trade secrets or commercial orfinancial information; and (ii) submit such marked materials separately fromother material.
B. The Commissioner shall not make public information that, in his judgment,contains or relates to trade secrets or commercial or financial information.The Commissioner may reveal information:
1. Relating to formulas of products to any consulting federal, state, orlocal agency at a public hearing or in findings of fact issued by theCommissioner or Board;
2. To any person in connection with a public proceeding under law orregulation if the Commissioner finds the information relevant to adetermination that a pesticide, or any ingredient of a pesticide, causesunreasonable adverse effects on health or the environment;
3. To contractors with the Commonwealth and employees of such contractors ifthe Commissioner finds disclosure necessary and requires, as a condition tothe disclosure of information, that the person receiving it take any securityprecautions as provided for by regulation;
4. Concerning production, distribution, sale, or inventories in connectionwith a public proceeding to determine whether a pesticide or any ingredientof a pesticide causes unreasonable adverse effects on health or theenvironment if the Commissioner determines that disclosure is necessary andin the public interest; and
5. Concerning the objectives, methodology, results, or significance of anytest or experiment performed on or with a registered or previously registeredpesticide or its separate ingredients, impurities, or degradation products;any information concerning the effects of such pesticide on any organism orthe behavior of such pesticide in the environment including data on safety tofish and wildlife, humans and other mammals, plants, animals, and soil; andstudies on persistence, translocation and fate in the environment, andmetabolism. Information concerning: (i) manufacturing or quality controlprocesses; (ii) the details of methods for testing, detecting, or measuringthe quantity of any deliberately added inert ingredient; or (iii) theidentity or percentage quantity of any deliberately added inert ingredient,shall not be revealed unless the Commissioner determines that disclosure isnecessary to protect against an unreasonable risk of injury to health or theenvironment.
C. 1. The Commissioner shall notify the applicant or registrant in writing bycertified mail if he proposes to release information that the applicant orregistrant marked as confidential. The Commissioner shall not release suchinformation for inspection until 30 days after receipt of the notice by theapplicant or registrant. During this period, the applicant or registrant mayinstitute an action in circuit court for a declaratory judgment as to whethersuch information is subject to protection.
2. The Commissioner shall notify the submitter by certified mail if heproposes to release information under subdivision B 4 or B 5. TheCommissioner shall not release such information without the submitter'sconsent until 30 days after receipt of the notice by the submitter. TheCommissioner may select alternative notice procedures and a shorter period ofnotice if he finds that disclosure is necessary to avoid or mitigate animminent and substantial risk or injury to the public health. During suchperiod the submitter may institute an action in circuit court to enjoin orlimit the proposed disclosure. The court shall give expedited considerationto any such action. The court may enjoin disclosure, limit the disclosure, orlimit the parties to whom disclosure shall be made to the extent that: (i)the proposed disclosure of information under subdivision B 4 is not requiredto protect against an unreasonable risk of injury to health or theenvironment; or (ii) the public interest in the disclosure of information inthe public proceeding under subdivision B 5 does not outweigh the interestsin preserving the confidentiality of the information.
D. The Commissioner shall not knowingly disclose information submitted by anapplicant or registrant under this chapter to any employee or agent of anyentity engaged in the production, sale, or distribution of pesticides incountries other than the United States or to any person who intends todeliver such data to any such entity unless the applicant or registrant hasconsented to disclosure. The Commissioner shall require an affirmation fromany person who intends to inspect data that such person does not seek accessto the data for purposes of delivering it or offering it for sale to any suchbusiness or entity or its agents or employees and will not purposefullydeliver or negligently cause the data to be delivered to such business orentity or its agents or employees.
E. The Commissioner shall maintain records of the names of persons to whomdata are disclosed under this section and the persons or organizations theyrepresent and shall inform the applicant or registrant of the names andaffiliation of such persons.
F. Any person, who, with intent to defraud, uses or reveals informationrelative to formulas of products acquired pursuant to this chapter is guiltyof a Class 6 felony.
(Code 1950, § 3-208.36; 1966, c. 702, § 3.1-238; 1975, c. 102; 1989, c. 575,§ 3.1-249.68; 2008, c. 860.)
