{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-3908.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-3908.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-3908.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-3908.html"}],"law_id":79394,"edition_id":1,"section_id":79394,"structure_id":15092,"section_number":"3.2-3908","catch_line":"Protection of trade secrets and other information","history":"Code 1950, \u00a7 3-208.36; 1966, c. 702, \u00a7 3.1-238; 1975, c. 102; 1989, c. 575, \u00a7 3.1-249.68; 2008, c. 860.","full_text":"A\n\nIn submitting data required by this chapter, the applicant may: (i) clearly mark any portions that he believes are trade secrets or commercial or financial information; and (ii) submit such marked materials separately from other material.B\n\nThe 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\n\nRelating to formulas of products to any consulting federal, state, or local agency at a public hearing or in findings of fact issued by the Commissioner or Board;2\n\nTo any person in connection with a public proceeding under law or regulation if the Commissioner finds the information relevant to a determination that a pesticide, or any ingredient of a pesticide, causes unreasonable adverse effects on health or the environment;3\n\nTo contractors with the Commonwealth and employees of such contractors if the Commissioner finds disclosure necessary and requires, as a condition to the disclosure of information, that the person receiving it take any security precautions as provided for by regulation;4\n\nConcerning production, distribution, sale, or inventories in connection with a public proceeding to determine whether a pesticide or any ingredient of a pesticide causes unreasonable adverse effects on health or the environment if the Commissioner determines that disclosure is necessary and in the public interest; and5\n\nConcerning the objectives, methodology, results, or significance of any test or experiment performed on or with a registered or previously registered pesticide or its separate ingredients, impurities, or degradation products; any information concerning the effects of such pesticide on any organism or the behavior of such pesticide in the environment including data on safety to fish and wildlife, humans and other mammals, plants, animals, and soil; and studies on persistence, translocation and fate in the environment, and metabolism. Information concerning: (i) manufacturing or quality control processes; (ii) the details of methods for testing, detecting, or measuring the quantity of any deliberately added inert ingredient; or (iii) the identity or percentage quantity of any deliberately added inert ingredient, shall not be revealed unless the Commissioner determines that disclosure is necessary to protect against an unreasonable risk of injury to health or the environment.C\n\n1. The Commissioner shall notify the applicant or registrant in writing by certified mail if he proposes to release information that the applicant or registrant marked as confidential. The Commissioner shall not release such information for inspection until 30 days after receipt of the notice by the applicant or registrant. During this period, the applicant or registrant may institute an action in circuit court for a declaratory judgment as to whether such information is subject to protection.2\n\nThe Commissioner shall notify the submitter by certified mail if he proposes to release information under subdivision B 4 or B 5. The Commissioner shall not release such information without the submitter’s consent until 30 days after receipt of the notice by the submitter. The Commissioner may select alternative notice procedures and a shorter period of notice if he finds that disclosure is necessary to avoid or mitigate an imminent and substantial risk or injury to the public health. During such period the submitter may institute an action in circuit court to enjoin or limit the proposed disclosure. The court shall give expedited consideration to any such action. The court may enjoin disclosure, limit the disclosure, or limit the parties to whom disclosure shall be made to the extent that: (i) the proposed disclosure of information under subdivision B 4 is not required to protect against an unreasonable risk of injury to health or the environment; or (ii) the public interest in the disclosure of information in the public proceeding under subdivision B 5 does not outweigh the interests in preserving the confidentiality of the information.D\n\nThe Commissioner shall not knowingly disclose information submitted by an applicant or registrant under this chapter to any employee or agent of any entity engaged in the production, sale, or distribution of pesticides in countries other than the United States or to any person who intends to deliver such data to any such entity unless the applicant or registrant has consented to disclosure. The Commissioner shall require an affirmation from any person who intends to inspect data that such person does not seek access to the data for purposes of delivering it or offering it for sale to any such business or entity or its agents or employees and will not purposefully deliver or negligently cause the data to be delivered to such business or entity or its agents or employees.E\n\nThe Commissioner shall maintain records of the names of persons to whom data are disclosed under this section and the persons or organizations they represent and shall inform the applicant or registrant of the names and affiliation of such persons.F\n\nAny person, who, with intent to defraud, uses or reveals information relative to formulas of products acquired pursuant to this chapter is guilty of a Class 6 felony.","order_by":null,"text":{"0":{"id":284202,"text":"In submitting data required by this chapter, the applicant may: (i) clearly mark any portions that he believes are trade secrets or commercial or financial information; and (ii) submit such marked materials separately from other material.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":284203,"text":"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:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":284204,"text":"Relating to formulas of products to any consulting federal, state, or local agency at a public hearing or in findings of fact issued by the Commissioner or Board;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":284205,"text":"To any person in connection with a public proceeding under law or regulation if the Commissioner finds the information relevant to a determination that a pesticide, or any ingredient of a pesticide, causes unreasonable adverse effects on health or the environment;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":284206,"text":"To contractors with the Commonwealth and employees of such contractors if the Commissioner finds disclosure necessary and requires, as a condition to the disclosure of information, that the person receiving it take any security precautions as provided for by regulation;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":284207,"text":"Concerning production, distribution, sale, or inventories in connection with a public proceeding to determine whether a pesticide or any ingredient of a pesticide causes unreasonable adverse effects on health or the environment if the Commissioner determines that disclosure is necessary and in the public interest; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":284208,"text":"Concerning the objectives, methodology, results, or significance of any test or experiment performed on or with a registered or previously registered pesticide or its separate ingredients, impurities, or degradation products; any information concerning the effects of such pesticide on any organism or the behavior of such pesticide in the environment including data on safety to fish and wildlife, humans and other mammals, plants, animals, and soil; and studies on persistence, translocation and fate in the environment, and metabolism. Information concerning: (i) manufacturing or quality control processes; (ii) the details of methods for testing, detecting, or measuring the quantity of any deliberately added inert ingredient; or (iii) the identity or percentage quantity of any deliberately added inert ingredient, shall not be revealed unless the Commissioner determines that disclosure is necessary to protect against an unreasonable risk of injury to health or the environment.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":284209,"text":"1. The Commissioner shall notify the applicant or registrant in writing by certified mail if he proposes to release information that the applicant or registrant marked as confidential. The Commissioner shall not release such information for inspection until 30 days after receipt of the notice by the applicant or registrant. During this period, the applicant or registrant may institute an action in circuit court for a declaratory judgment as to whether such information is subject to protection.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"C2"},"8":{"id":284210,"text":"The Commissioner shall notify the submitter by certified mail if he proposes to release information under subdivision B 4 or B 5. The Commissioner shall not release such information without the submitter’s consent until 30 days after receipt of the notice by the submitter. The Commissioner may select alternative notice procedures and a shorter period of notice if he finds that disclosure is necessary to avoid or mitigate an imminent and substantial risk or injury to the public health. During such period the submitter may institute an action in circuit court to enjoin or limit the proposed disclosure. The court shall give expedited consideration to any such action. The court may enjoin disclosure, limit the disclosure, or limit the parties to whom disclosure shall be made to the extent that: (i) the proposed disclosure of information under subdivision B 4 is not required to protect against an unreasonable risk of injury to health or the environment; or (ii) the public interest in the disclosure of information in the public proceeding under subdivision B 5 does not outweigh the interests in preserving the confidentiality of the information.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"D"},"9":{"id":284211,"text":"The Commissioner shall not knowingly disclose information submitted by an applicant or registrant under this chapter to any employee or agent of any entity engaged in the production, sale, or distribution of pesticides in countries other than the United States or to any person who intends to deliver such data to any such entity unless the applicant or registrant has consented to disclosure. The Commissioner shall require an affirmation from any person who intends to inspect data that such person does not seek access to the data for purposes of delivering it or offering it for sale to any such business or entity or its agents or employees and will not purposefully deliver or negligently cause the data to be delivered to such business or entity or its agents or employees.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"10":{"id":284212,"text":"The Commissioner shall maintain records of the names of persons to whom data are disclosed under this section and the persons or organizations they represent and shall inform the applicant or registrant of the names and affiliation of such persons.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"11":{"id":284213,"text":"Any person, who, with intent to defraud, uses or reveals information relative to formulas of products acquired pursuant to this chapter is guilty of a Class 6 felony.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":15092,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13103,"metadata":{},"date_created":"2026-06-26 03:52:06","date_modified":"2026-06-26 03:52:06","permalink":{"id":195859,"object_type":"structure","relational_id":15092,"identifier":"1","token":"3.2\/III\/39\/1","url":"\/3.2\/III\/39\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13103,"edition_id":1,"name":"Pesticide Control","identifier":"39","label":"chapter","depth":3,"order_by":1,"parent_id":13102,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":195857,"object_type":"structure","relational_id":13103,"identifier":"39","token":"3.2\/III\/39","url":"\/3.2\/III\/39\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13102,"edition_id":1,"name":"Production and Sale of Agricultural Products","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":195443,"object_type":"structure","relational_id":13102,"identifier":"III","token":"3.2\/III","url":"\/3.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63769,"structure_id":15092,"section_number":"3.2-3900","catch_line":"Definitions","url":"\/3.2-3900\/","token":"3.2\/III\/39\/1\/3.2-3900","metadata":false},{"id":66023,"structure_id":15092,"section_number":"3.2-3901","catch_line":"Repealed","url":"\/3.2-3901\/","token":"3.2\/III\/39\/1\/3.2-3901","metadata":false},{"id":61056,"structure_id":15092,"section_number":"3.2-3904","catch_line":"Powers and duties of the Board","url":"\/3.2-3904\/","token":"3.2\/III\/39\/1\/3.2-3904","metadata":false},{"id":69195,"structure_id":15092,"section_number":"3.2-3905","catch_line":"Repealed","url":"\/3.2-3905\/","token":"3.2\/III\/39\/1\/3.2-3905","metadata":false},{"id":61539,"structure_id":15092,"section_number":"3.2-3906","catch_line":"Board to adopt regulations","url":"\/3.2-3906\/","token":"3.2\/III\/39\/1\/3.2-3906","metadata":false},{"id":62168,"structure_id":15092,"section_number":"3.2-3907","catch_line":"Delegation of authority; exclusive authority to regulate","url":"\/3.2-3907\/","token":"3.2\/III\/39\/1\/3.2-3907","metadata":false},{"id":79394,"structure_id":15092,"section_number":"3.2-3908","catch_line":"Protection of trade secrets and other information","url":"\/3.2-3908\/","token":"3.2\/III\/39\/1\/3.2-3908","metadata":false},{"id":79564,"structure_id":15092,"section_number":"3.2-3909","catch_line":"Reports of pesticide accidents and incidents","url":"\/3.2-3909\/","token":"3.2\/III\/39\/1\/3.2-3909","metadata":false},{"id":57516,"structure_id":15092,"section_number":"3.2-3910","catch_line":"Complaints to Commissioner or the Board","url":"\/3.2-3910\/","token":"3.2\/III\/39\/1\/3.2-3910","metadata":false},{"id":72075,"structure_id":15092,"section_number":"3.2-3911","catch_line":"Damages resulting from pesticide use or application","url":"\/3.2-3911\/","token":"3.2\/III\/39\/1\/3.2-3911","metadata":false},{"id":74997,"structure_id":15092,"section_number":"3.2-3912","catch_line":"Pesticide Control Fund established","url":"\/3.2-3912\/","token":"3.2\/III\/39\/1\/3.2-3912","metadata":false},{"id":62765,"structure_id":15092,"section_number":"3.2-3913","catch_line":"Exclusion of medicinal and toilet preparations","url":"\/3.2-3913\/","token":"3.2\/III\/39\/1\/3.2-3913","metadata":false}],"previous_section":{"id":62168,"structure_id":15092,"section_number":"3.2-3907","catch_line":"Delegation of authority; exclusive authority to regulate","url":"\/3.2-3907\/","token":"3.2\/III\/39\/1\/3.2-3907","metadata":false},"next_section":{"id":79564,"structure_id":15092,"section_number":"3.2-3909","catch_line":"Reports of pesticide accidents and incidents","url":"\/3.2-3909\/","token":"3.2\/III\/39\/1\/3.2-3909","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-3908\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. 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. Those modifications are as follows: in 1966, chapter 702; in 1975, chapter 102; in 1989, chapter 575; in 2008, chapter 860<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":195885,"object_type":"law","relational_id":79394,"identifier":"3.2-3908","token":"3.2\/III\/39\/1\/3.2-3908","url":"\/3.2-3908\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-3908\/","token":"3.2\/III\/39\/1\/3.2-3908","dublin_core":{"Title":"Protection of trade secrets and other information","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-3908","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In submitting data required by this chapter, the applicant may: (i) clearly mark any portions that he believes are trade secrets or commercial or financial information; and (ii) submit such marked materials<\/span> separately from other material<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner<\/span> shall not make public information that, in his judgment<\/span>, contains or relates to trade secrets or commercial or financial information. The Commissioner<\/span> may reveal information: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Relating to formulas of products to any consulting federal, state, or local agency at a public hearing<\/span> or in findings<\/span> of fact<\/span> issued by the Commissioner<\/span> or Board<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To any person in connection with a public proceeding under law<\/span> or regulation if the Commissioner<\/span> finds the information relevant to a determination that a pesticide, or any ingredient of a pesticide, causes unreasonable adverse effects on health or the environment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To contractors with the Commonwealth and employees of such contractors if the Commissioner<\/span> finds disclosure necessary and requires, as a condition to the disclosure of information, that the person receiving it take any security precautions as provided for by regulation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Concerning production, distribution, sale, or inventories in connection with a public proceeding to determine whether a pesticide or any ingredient of a pesticide causes unreasonable adverse effects on health or the environment if the Commissioner<\/span> determines that disclosure is necessary and in the public interest; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Concerning the objectives, methodology, results, or significance of any test or experiment performed on or with a registered or previously registered pesticide or its separate ingredients, impurities, or degradation products; any information concerning the effects of such pesticide on any organism or the behavior of such pesticide in the environment including data on safety to fish and wildlife, humans and other mammals, plants, animals, and soil; and studies on persistence, translocation and fate in the environment, and metabolism. Information concerning: (i) manufacturing or quality control processes; (ii) the details of methods for testing, detecting, or measuring the quantity of any deliberately added inert ingredient; or (iii) the identity or percentage quantity of any deliberately added inert ingredient, shall not be revealed unless the Commissioner<\/span> determines that disclosure is necessary to protect against an unreasonable risk of injury to health or the environment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 1. The Commissioner<\/span> shall notify the applicant or registrant<\/span> in writing by certified<\/span> mail if he proposes to release information that the applicant or registrant<\/span> marked as confidential. The Commissioner<\/span> shall not release such information for inspection until 30 days after receipt of the notice by the applicant or registrant<\/span>. During this period, the applicant or registrant<\/span> may institute an action in circuit<\/span> court<\/span> for a declaratory judgment<\/span> as to whether such information is subject to protection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Commissioner<\/span> shall notify the submitter by certified<\/span> mail if he proposes to release information under subdivision B 4 or B 5. The Commissioner<\/span> shall not release such information without the submitter’s consent until 30 days after receipt of the notice by the submitter. The Commissioner<\/span> may select alternative notice procedures and a shorter period of notice if he finds that disclosure is necessary to avoid or mitigate an imminent and substantial risk or injury to the public health. During such period the submitter may institute an action in circuit<\/span> court<\/span> to enjoin or limit the proposed disclosure. The court<\/span> shall give expedited consideration to any such action. The court<\/span> may enjoin disclosure, limit the disclosure, or limit the parties to whom disclosure shall be made to the extent that: (i) the proposed disclosure of information under subdivision B 4 is not required to protect against an unreasonable risk of injury to health or the environment; or (ii) the public interest in the disclosure of information in the public proceeding under subdivision B 5 does not outweigh the interests in preserving the confidentiality of the information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Commissioner<\/span> shall not knowingly disclose information submitted by an applicant or registrant<\/span> under this chapter to any employee or agent of any entity engaged in the production, sale, or distribution of pesticides in countries other than the United States or to any person who intends to deliver such data to any such entity unless the applicant or registrant<\/span> has consented to disclosure. The Commissioner<\/span> shall require an affirmation from any person who intends to inspect data that such person does not seek access to the data for purposes of delivering it or offering it for sale to any such business or entity or its agents or employees and will not purposefully deliver or negligently cause the data to be delivered to such business or entity or its agents or employees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Commissioner<\/span> shall maintain records of the names of persons to whom data are disclosed under this section and the persons or organizations they represent and shall inform the applicant or registrant<\/span> of the names and affiliation of such persons. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any person, who, with intent<\/span> to defraud, uses<\/span> or reveals information relative to formulas of products acquired pursuant to this chapter is guilty of a Class 6 felony<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROTECTION OF TRADE SECRETS AND OTHER INFORMATION (\u00a7 3.2-3908)\n\nA. In submitting data required by this chapter, the applicant may: (i) clearly\nmark any portions that he believes are trade secrets or commercial or financial\ninformation; and (ii) submit such marked materials separately from other\nmaterial.\n\nB. The Commissioner shall not make public information that, in his judgment,\ncontains or relates to trade secrets or commercial or financial information. The\nCommissioner may reveal information:\n\n 1. Relating to formulas of products to any consulting federal, state, or local\n agency at a public hearing or in findings of fact issued by the Commissioner\n or Board;\n\n 2. To any person in connection with a public proceeding under law or\n regulation if the Commissioner finds the information relevant to a\n determination that a pesticide, or any ingredient of a pesticide, causes\n unreasonable adverse effects on health or the environment;\n\n 3. To contractors with the Commonwealth and employees of such contractors if\n the Commissioner finds disclosure necessary and requires, as a condition to\n the disclosure of information, that the person receiving it take any security\n precautions as provided for by regulation;\n\n 4. Concerning production, distribution, sale, or inventories in connection\n with a public proceeding to determine whether a pesticide or any ingredient of\n a pesticide causes unreasonable adverse effects on health or the environment\n if the Commissioner determines that disclosure is necessary and in the public\n interest; and\n\n 5. Concerning the objectives, methodology, results, or significance of any\n test or experiment performed on or with a registered or previously registered\n pesticide or its separate ingredients, impurities, or degradation products;\n any information concerning the effects of such pesticide on any organism or\n the behavior of such pesticide in the environment including data on safety to\n fish and wildlife, humans and other mammals, plants, animals, and soil; and\n studies on persistence, translocation and fate in the environment, and\n metabolism. Information concerning: (i) manufacturing or quality control\n processes; (ii) the details of methods for testing, detecting, or measuring\n the quantity of any deliberately added inert ingredient; or (iii) the identity\n or percentage quantity of any deliberately added inert ingredient, shall not\n be revealed unless the Commissioner determines that disclosure is necessary to\n protect against an unreasonable risk of injury to health or the environment.\n\nC. 1. The Commissioner shall notify the applicant or registrant in writing by\ncertified mail if he proposes to release information that the applicant or\nregistrant marked as confidential. The Commissioner shall not release such\ninformation for inspection until 30 days after receipt of the notice by the\napplicant or registrant. During this period, the applicant or registrant may\ninstitute an action in circuit court for a declaratory judgment as to whether\nsuch information is subject to protection.\n\n 2. The Commissioner shall notify the submitter by certified mail if he\n proposes to release information under subdivision B 4 or B 5. The Commissioner\n shall not release such information without the submitter’s consent until\n 30 days after receipt of the notice by the submitter. The Commissioner may\n select alternative notice procedures and a shorter period of notice if he\n finds that disclosure is necessary to avoid or mitigate an imminent and\n substantial risk or injury to the public health. During such period the\n submitter may institute an action in circuit court to enjoin or limit the\n proposed disclosure. The court shall give expedited consideration to any such\n action. The court may enjoin disclosure, limit the disclosure, or limit the\n parties to whom disclosure shall be made to the extent that: (i) the proposed\n disclosure of information under subdivision B 4 is not required to protect\n against an unreasonable risk of injury to health or the environment; or (ii)\n the public interest in the disclosure of information in the public proceeding\n under subdivision B 5 does not outweigh the interests in preserving the\n confidentiality of the information.\n\nD. The Commissioner shall not knowingly disclose information submitted by an\napplicant or registrant under this chapter to any employee or agent of any\nentity engaged in the production, sale, or distribution of pesticides in\ncountries other than the United States or to any person who intends to deliver\nsuch data to any such entity unless the applicant or registrant has consented to\ndisclosure. The Commissioner shall require an affirmation from any person who\nintends to inspect data that such person does not seek access to the data for\npurposes of delivering it or offering it for sale to any such business or entity\nor its agents or employees and will not purposefully deliver or negligently\ncause the data to be delivered to such business or entity or its agents or\nemployees.\n\nE. The Commissioner shall maintain records of the names of persons to whom data\nare disclosed under this section and the persons or organizations they represent\nand shall inform the applicant or registrant of the names and affiliation of\nsuch persons.\n\nF. Any person, who, with intent to defraud, uses or reveals information relative\nto formulas of products acquired pursuant to this chapter is guilty of a Class 6\nfelony.\n\nHISTORY: Code 1950, \u00a7 3-208.36; 1966, c. 702, \u00a7 3.1-238; 1975, c. 102; 1989,\nc. 575, \u00a7 3.1-249.68; 2008, c. 860.","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}}