SB 5455

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of February 17, 2019

Title: An act relating to exempting United States food and drug administration nonpublic information from disclosure under the state public disclosure act.

Brief Description: Exempting United States food and drug administration nonpublic information from disclosure under the state public disclosure act.

Sponsors: Senators Takko, Warnick, McCoy, Honeyford and Van De Wege; by request of Department of Agriculture.

Brief History:

Committee Activity: State Government, Tribal Relations & Elections: 2/20/19.

Brief Summary of Bill

  • Exempts from disclosure requirements certain information obtained from the Food and Drug Administration.


Staff: Samuel Brown (786-7470)

Background: Public Records Act. The Public Records Act (PRA), enacted in 1972 as part of Initiative 276, requires that all state and local government agencies make all public records available for public inspection and copying unless certain statutory exemptions apply. Over 500 specific references in the PRA or other statutes remove certain information from application of the PRA, provide exceptions to the public disclosure and copying of certain information, or designate certain information as confidential. The provisions requiring public records disclosure must be interpreted liberally while the exemptions are interpreted narrowly to effectuate the general policy favoring disclosure.

The PRA provides exemptions from public disclosure for certain information relating to agriculture and livestock, including:

Freedom of Information Act. The Freedom of Information Act (FOIA) provides for the disclosure of information and documents controlled by the United States government. Some types of information are exempt from disclosure under the FOIA, including trade secrets, certain commercial and financial information obtained from a person, and geological information and data concerning wells.

Summary of Bill: Information or records obtained by WSDA from the Food and Drug Administration (FDA) pursuant to a FDA contract or commissioning agreement are exempt from public disclosure if the information or records are also exempt from disclosure under the federal FOIA, including:

Appropriation: None.

Fiscal Note: Available.

Creates Committee/Commission/Task Force that includes Legislative members: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.