                                 CODE OF VIRGINIA

PROTECTION OF TRADE SECRETS AND OTHER INFORMATION (§ 3.2-3908)

A. 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.

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, or local
   agency at a public hearing or in findings of fact issued by the Commissioner
   or Board;

   2. 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;

   3. 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;

   4. 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

   5. 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.

C. 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.

   2. 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&#8217;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. 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.

E. 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.

F. 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.

HISTORY: Code 1950, § 3-208.36; 1966, c. 702, § 3.1-238; 1975, c. 102; 1989,
c. 575, § 3.1-249.68; 2008, c. 860.