{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-5506.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-5506.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-5506.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-5506.html"}],"law_id":59221,"edition_id":1,"section_id":59221,"structure_id":15529,"section_number":"2.2-5506","catch_line":"Confidential business information; Department to establish procedures","history":"1994, c. 472, \u00a7 2.1-775; 2001, c. 844.","full_text":"A\n\nExcept as provided in subsections B and C, the Department and any affected locality shall keep confidential any information received under this chapter if the person submitting the information notifies them that:1\n\nThe federal regulator to whom the information has been submitted has determined that the information is entitled to confidential treatment and is not subject to public disclosure under the federal Freedom of Information Act, 5 U.S.C. § 552, as amended, or under the Coordinated Framework; or2\n\nThe person submitting the information to the Department and any locality has submitted a claim to the federal regulator that the information is entitled to confidential treatment under the federal Freedom of Information Act or under the Coordinated Framework, and the federal regulator has not made a determination on that claim.B\n\nSubsection A shall not prevent the Department from using the information for the purposes of subdivision B 4 or B 5 of § 2.2-5505, subject to the requirements of subsection D.C\n\nThe Department shall allow public access to any information that has been granted confidentiality under subsection A if either of the following occurs:1\n\nThe person providing the information expressly agrees in writing to the public access of the information; or2\n\nAfter information has been granted confidentiality under subdivision A. 2., the federal regulator makes a determination that the information is not entitled to confidential treatment under the federal Freedom of Information Act or under the Coordinated Framework.D\n\nThe Department shall establish procedures to protect information required to be kept confidential under subsection A. Under the procedures, the Department shall not submit any information under subdivision B 4 or B 5 of § 2.2-5505 to any person who is not an employee of the Department unless that person has signed an agreement that satisfies the requirements of subsection E.E\n\nAny agreement under subsection D shall (i) provide that information that is the subject of the agreement shall be subject to confidential treatment; (ii) prohibit the release or sharing of the information with any other person except at the direction of the Department and in compliance with this chapter; (iii) acknowledge the penalties in § 59.1-338 of the Virginia Uniform Trade Secrets Act (§ 59.1-336, et seq.) and any other applicable law of the Commonwealth identified by the Department for the unauthorized disclosure of the information; and (iv) contain a statement that the person receiving the information, any member of his immediate family or any organization with which he is associated has no substantial financial interest in the regulated introduction that is the subject of the information.F\n\nAny person submitting the information under § 2.2-5503 may waive any of the requirements under this section.","order_by":null,"text":{"0":{"id":217086,"text":"Except as provided in subsections B and C, the Department and any affected locality shall keep confidential any information received under this chapter if the person submitting the information notifies them that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":217087,"text":"The federal regulator to whom the information has been submitted has determined that the information is entitled to confidential treatment and is not subject to public disclosure under the federal Freedom of Information Act, 5 U.S.C. § 552, as amended, or under the Coordinated Framework; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":217088,"text":"The person submitting the information to the Department and any locality has submitted a claim to the federal regulator that the information is entitled to confidential treatment under the federal Freedom of Information Act or under the Coordinated Framework, and the federal regulator has not made a determination on that claim.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":217089,"text":"Subsection A shall not prevent the Department from using the information for the purposes of subdivision B 4 or B 5 of § 2.2-5505, subject to the requirements of subsection D.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":217090,"text":"The Department shall allow public access to any information that has been granted confidentiality under subsection A if either of the following occurs:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"5":{"id":217091,"text":"The person providing the information expressly agrees in writing to the public access of the information; or","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"6":{"id":217092,"text":"After information has been granted confidentiality under subdivision A. 2., the federal regulator makes a determination that the information is not entitled to confidential treatment under the federal Freedom of Information Act or under the Coordinated Framework.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"7":{"id":217093,"text":"The Department shall establish procedures to protect information required to be kept confidential under subsection A. Under the procedures, the Department shall not submit any information under subdivision B 4 or B 5 of § 2.2-5505 to any person who is not an employee of the Department unless that person has signed an agreement that satisfies the requirements of subsection E.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"8":{"id":217094,"text":"Any agreement under subsection D shall (i) provide that information that is the subject of the agreement shall be subject to confidential treatment; (ii) prohibit the release or sharing of the information with any other person except at the direction of the Department and in compliance with this chapter; (iii) acknowledge the penalties in § 59.1-338 of the Virginia Uniform Trade Secrets Act (§ 59.1-336, et seq.) and any other applicable law of the Commonwealth identified by the Department for the unauthorized disclosure of the information; and (iv) contain a statement that the person receiving the information, any member of his immediate family or any organization with which he is associated has no substantial financial interest in the regulated introduction that is the subject of the information.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":217095,"text":"Any person submitting the information under § 2.2-5503 may waive any of the requirements under this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15529,"edition_id":1,"name":"Virginia Biotechnology Research Act","identifier":"55","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:55:59","date_modified":"2026-06-26 03:55:59","permalink":{"id":177941,"object_type":"structure","relational_id":15529,"identifier":"55","token":"2.2\/II\/B\/55","url":"\/2.2\/II\/B\/55\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59399,"structure_id":15529,"section_number":"2.2-5500","catch_line":"Purpose","url":"\/2.2-5500\/","token":"2.2\/II\/B\/55\/2.2-5500","metadata":false},{"id":62425,"structure_id":15529,"section_number":"2.2-5501","catch_line":"Definitions","url":"\/2.2-5501\/","token":"2.2\/II\/B\/55\/2.2-5501","metadata":false},{"id":59259,"structure_id":15529,"section_number":"2.2-5502","catch_line":"Exemptions from chapter to be determined by Department","url":"\/2.2-5502\/","token":"2.2\/II\/B\/55\/2.2-5502","metadata":false},{"id":84406,"structure_id":15529,"section_number":"2.2-5503","catch_line":"Requirements for regulated introduction","url":"\/2.2-5503\/","token":"2.2\/II\/B\/55\/2.2-5503","metadata":false},{"id":86467,"structure_id":15529,"section_number":"2.2-5504","catch_line":"Public notice of proposed regulated introduction","url":"\/2.2-5504\/","token":"2.2\/II\/B\/55\/2.2-5504","metadata":false},{"id":72976,"structure_id":15529,"section_number":"2.2-5505","catch_line":"Comment on proposed regulated introduction","url":"\/2.2-5505\/","token":"2.2\/II\/B\/55\/2.2-5505","metadata":false},{"id":59221,"structure_id":15529,"section_number":"2.2-5506","catch_line":"Confidential business information; Department to establish procedures","url":"\/2.2-5506\/","token":"2.2\/II\/B\/55\/2.2-5506","metadata":false},{"id":68975,"structure_id":15529,"section_number":"2.2-5507","catch_line":"Enforcement","url":"\/2.2-5507\/","token":"2.2\/II\/B\/55\/2.2-5507","metadata":false},{"id":61086,"structure_id":15529,"section_number":"2.2-5508","catch_line":"Penalties","url":"\/2.2-5508\/","token":"2.2\/II\/B\/55\/2.2-5508","metadata":false},{"id":60378,"structure_id":15529,"section_number":"2.2-5509","catch_line":"Limitation on local regulation","url":"\/2.2-5509\/","token":"2.2\/II\/B\/55\/2.2-5509","metadata":false}],"previous_section":{"id":72976,"structure_id":15529,"section_number":"2.2-5505","catch_line":"Comment on proposed regulated introduction","url":"\/2.2-5505\/","token":"2.2\/II\/B\/55\/2.2-5505","metadata":false},"next_section":{"id":68975,"structure_id":15529,"section_number":"2.2-5507","catch_line":"Enforcement","url":"\/2.2-5507\/","token":"2.2\/II\/B\/55\/2.2-5507","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-5506\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 472<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2001, chapter 844<\/a>.<\/p>","references":[{"id":62425,"section_number":"2.2-5501","catch_line":"Definitions","order_by":null,"url":"\/2.2-5501\/"},{"id":68975,"section_number":"2.2-5507","catch_line":"Enforcement","order_by":null,"url":"\/2.2-5507\/"}],"refers_to":[{"id":84406,"section_number":"2.2-5503","catch_line":"Requirements for regulated introduction","order_by":null,"url":"\/2.2-5503\/"},{"id":72976,"section_number":"2.2-5505","catch_line":"Comment on proposed regulated introduction","order_by":null,"url":"\/2.2-5505\/"},{"id":73338,"section_number":"59.1-336","catch_line":"Short title and definitions","order_by":null,"url":"\/59.1-336\/"},{"id":58508,"section_number":"59.1-338","catch_line":"Damages","order_by":null,"url":"\/59.1-338\/"}],"permalink":{"id":177967,"object_type":"law","relational_id":59221,"identifier":"2.2-5506","token":"2.2\/II\/B\/55\/2.2-5506","url":"\/2.2-5506\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-5506\/","token":"2.2\/II\/B\/55\/2.2-5506","dublin_core":{"Title":"Confidential business information; Department to establish procedures","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-5506","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in subsections B and C, the Department<\/span> and any affected locality<\/span> shall keep confidential any information received under this chapter if the person submitting the information notifies them that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The federal regulator<\/span> to whom the information has been submitted has determined that the information is entitled to confidential treatment and is not subject to public disclosure under the federal Freedom of Information Act, 5 U.S.C. § 552, as amended, or under the Coordinated Framework<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The person submitting the information to the Department<\/span> and any locality<\/span> has submitted a claim to the federal regulator<\/span> that the information is entitled to confidential treatment under the federal Freedom of Information Act or under the Coordinated Framework<\/span>, and the federal regulator<\/span> has not made a determination on that claim. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Subsection A shall not prevent the Department<\/span> from using the information for the purposes of subdivision B 4 or B 5 of § 2.2-5505<\/a>, subject to the requirements of subsection D. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department<\/span> shall allow public access to any information that has been granted confidentiality under subsection A if either of the following occurs: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The person providing the information expressly agrees in writing to the public access of the information; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> After information has been granted confidentiality under subdivision A. 2., the federal regulator<\/span> makes a determination that the information is not entitled to confidential treatment under the federal Freedom of Information Act or under the Coordinated Framework<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span> shall establish procedures to protect information required to be kept confidential under subsection A. Under the procedures, the Department<\/span> shall not submit any information under subdivision B 4 or B 5 of § 2.2-5505<\/a> to any person who is not an employee of the Department<\/span> unless that person has signed an agreement that satisfies the requirements of subsection E. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any agreement under subsection D shall (i) provide that information that is the subject of the agreement shall be subject to confidential treatment; (ii) prohibit the release or sharing of the information with any other person except at the direction of the Department<\/span> and in compliance with this chapter; (iii) acknowledge the penalties in § 59.1-338<\/a> of the Virginia Uniform Trade Secrets Act (§ 59.1-336<\/a>, et seq.) and any other applicable law<\/span> of the Commonwealth identified by the Department<\/span> for the unauthorized disclosure of the information; and (iv) contain a statement that the person receiving the information, any member of his immediate family or any organization with which he is associated has no substantial financial interest in the regulated introduction<\/span> that is the subject of the information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any person submitting the information under § 2.2-5503<\/a> may waive<\/span> any of the requirements under this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONFIDENTIAL BUSINESS INFORMATION; DEPARTMENT TO ESTABLISH PROCEDURES (\u00a7\n2.2-5506)\n\nA. Except as provided in subsections B and C, the Department and any affected\nlocality shall keep confidential any information received under this chapter if\nthe person submitting the information notifies them that:\n\n 1. The federal regulator to whom the information has been submitted has\n determined that the information is entitled to confidential treatment and is\n not subject to public disclosure under the federal Freedom of Information Act,\n 5 U.S.C. § 552, as amended, or under the Coordinated Framework; or\n\n 2. The person submitting the information to the Department and any locality\n has submitted a claim to the federal regulator that the information is\n entitled to confidential treatment under the federal Freedom of Information\n Act or under the Coordinated Framework, and the federal regulator has not made\n a determination on that claim.\n\nB. Subsection A shall not prevent the Department from using the information for\nthe purposes of subdivision B 4 or B 5 of § 2.2-5505, subject to the\nrequirements of subsection D.\n\nC. The Department shall allow public access to any information that has been\ngranted confidentiality under subsection A if either of the following occurs:\n\n 1. The person providing the information expressly agrees in writing to the\n public access of the information; or\n\n 2. After information has been granted confidentiality under subdivision A. 2.,\n the federal regulator makes a determination that the information is not\n entitled to confidential treatment under the federal Freedom of Information\n Act or under the Coordinated Framework.\n\nD. The Department shall establish procedures to protect information required to\nbe kept confidential under subsection A. Under the procedures, the Department\nshall not submit any information under subdivision B 4 or B 5 of § 2.2-5505\nto any person who is not an employee of the Department unless that person has\nsigned an agreement that satisfies the requirements of subsection E.\n\nE. Any agreement under subsection D shall (i) provide that information that is\nthe subject of the agreement shall be subject to confidential treatment; (ii)\nprohibit the release or sharing of the information with any other person except\nat the direction of the Department and in compliance with this chapter; (iii)\nacknowledge the penalties in § 59.1-338 of the Virginia Uniform Trade\nSecrets Act (§ 59.1-336, et seq.) and any other applicable law of the\nCommonwealth identified by the Department for the unauthorized disclosure of the\ninformation; and (iv) contain a statement that the person receiving the\ninformation, any member of his immediate family or any organization with which\nhe is associated has no substantial financial interest in the regulated\nintroduction that is the subject of the information.\n\nF. Any person submitting the information under § 2.2-5503 may waive any of\nthe requirements under this section.\n\nHISTORY: 1994, c. 472, \u00a7 2.1-775; 2001, c. 844.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}