(1) The Public Records Act exempts a number of types of records from public disclosure (see chapter 42.56 RCW).

(2) Records are also exempt from disclosure if any other statute exempts or prohibits disclosure. Requestors should be aware of the following exemptions outside of the Public Records Act, which restrict the availability of some records held by the department. This list is not exhaustive and other exemptions may apply:

(a) The semiannual report required in the Commercial Feed Act (reference RCW 15.53.9018).

(b) The department has the authority to publish reports of official seed inspections, seed certifications, laboratory statistics, verified violations of this chapter, and other seed branch activities which do not reveal confidential information regarding individual company operations or production (reference RCW 15.49.370(8)).

(d) Privileged or confidential information or data that contains trade secrets, commercial, or financial information submitted under the Washington Pesticide Control Act (reference RCW 15.58.060 (1)(c) and 15.58.065).

(e) Information submitted by an applicant under chapter 17.24 RCW that is privileged or confidential because it contains trade secrets or commercial or financial information (reference RCW 17.24.061).

(f) Under RCW 42.56.610 and 90.64.190, information identifying the number of animals; volume of livestock nutrients generated; number of acres covered by the plan or used for land application of livestock nutrients; livestock nutrients transferred to other persons; and crop yields in plans, records, and reports obtained by state and local agencies from dairies, animal feeding operations, and concentrated animal feeding operations not required to apply for a National Pollutant Discharge Elimination System permit is disclosable in the following ranges:

(i) Number of animals: Beef cattle

1 to 19

20 to 159

160 to 299

300 to 999

1,000 to 5,999

6,000 to 10,999

11,000 to 15,999

16,000 to 20,999

21,000 to 25,999

26,000 to 31,199

31,200 to 37,439

37,440 to 44,999

45,000 and above

(ii) Number of animals: Mature dairy cattle

1 to 37

38 to 199

200 to 699

700 to 1,699

1,700 to 2,699

2,700 to 3,699

3,700 to 4,699

4,700 to 5,699

5,700 to 6,839

6,840 and above

(iii) Number of animals: Dairy heifers

1 to 49

50 to 149

150 to 299

300 to 999

1,000 to 1,999

2,000 to 2,999

3,000 to 3,999

4,000 and above

(iv) Number of animals: Swine (((fifty-five))55 pounds or greater)

1 to 19

20 to 159

160 to 399

400 to 749

750 to 2,499

2,500 to 4,249

4,250 to 5,999

6,000 to 7,749

7,750 and above

(v) Number of animals: Swine (less than ((fifty-five))55 pounds)

1 to 99

100 to 499

500 to 1,099

1,100 to 1,999

2,000 to 2,999

3,000 to 9,999

10,000 to 16,999

17,000 to 23,999

24,000 to 30,999

31,000 and above

(vi) Number of animals: Layers (all ages)

1 to 199

200 to 999

1,000 to 10,999

11,000 to 24,999

25,000 to 81,999

82,000 to 138,999

139,000 to 195,999

196,000 to 252,999

253,000 to 309,999

310,000 to 371,999

372,000 to 446,399

446,400 to 535,679

535,680 to 642,815

642,816 to 771,379

771,380 to 925,655

925,656 to 1,110,787

1,110,788 to 1,332,945

1,332,946 and above

(vii) Number of animals: Broilers (all ages)

1 to 199

200 to 999

1,000 to 17,999

18,000 to 37,499

37,500 to 124,999

125,000 to 212,499

212,500 to 299,999

300,000 and above

(viii) Number of animals: Horses

1 to 19

20 to 79

80 to 149

150 to 499

500 to 849

850 to 1,199

1,200 to 1,549

1,550 and above

(ix) Livestock nutrients generated or exported by volume (ft3/day)

1 to 74

75 to 134

135 to 299

300 to 449

450 to 749

750 to 1,499

1,500 to 2,499

2,500 to 4,999

5,000 to 8,499

8,500 to 11,999

12,000 to 15,999

16,000 and above

(x) Livestock nutrients generated or exported by weight (tons/year)

1 to 5,256

5,257 to 10,512

10,513 to 21,024

21,025 to 42,048

42,049 to 84,096

84,097 to 164,184

164,185 to 262,734

262,735 to 394,200

394,201 to 558,384

558,385 to 722,634

722,635 to 919,734

919,735 to 1,051,134

1,051,135 and above

(xi) Number of acres covered by the plan or used for land application of livestock nutrients

0 to 25

26 to 65

66 to 120

121 to 300

301 to 550

551 to 900

901 to 1,300

1,301 to 1,800

1,801 to 2,500

2,501 to 3,200

3,201 to 4,000

4,001 to 6,000

6,001 to 9,000

9,001 to 11,500

11,501 to 14,000

14,001 and above

(xii) Crop yields - tons/acre

0 to 1

1.1 to 2

2.1 to 3.5

3.6 to 5

5.1 to 7

7.1 to 9

9.1 to 12

12.1 to 14.5

14.6 to 17

17.1 to 19.5

19.6 to 22

22.1 to 26

26.1 and above

(g) A person aggrieved by a violation of chapter 17.21 RCW or the rules adopted under that chapter is entitled, on request, to have ((his or her))their name protected from disclosure in any communication with persons outside the department and in any record published, released, or made available to persons outside the department except as provided in RCW 17.21.340 (1)(a)(ii).

(h) Information about ((marijuana))cannabis processors otherwise exempt from public inspection and copying under chapter 42.56 RCW is also exempt from public inspection and copying if submitted to or used by the department (reference RCW 69.07.200(4)).

(i) Information about ((marijuana))cannabis producers, ((marijuana))cannabis processors, and ((marijuana))cannabis retailers otherwise exempt from public inspection and copying under chapter 42.56 RCW is also exempt from public inspection and copying if submitted to or used by the department (reference RCW 15.125.050).

(3) A list of common record exemptions can be found on the department's website.