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                                  HOUSE BILL 2576



State of Washington              52nd Legislature             1992 Regular Session


By Representatives Heavey, G. Cole, Jones and Bray; by request of Department of Agriculture, Department of Health and Department of Labor & Industries


Read first time 01/22/92.  Referred to Committee on Commerce & Labor.Allowing disclosure of pesticide registration statements to the department of labor and industries and the department of health.

     AN ACT Relating to privileged information concerning registration of pesticides; and amending RCW 15.58.065.




     Sec. 1.  RCW 15.58.065 and 1989 c 380 s 5 are each amended to read as follows:

     (1) In submitting data required by this chapter, the applicant may:

     (a) Mark clearly any portions which in the applicant's opinion are trade secrets or commercial or financial information; and

     (b) Submit such marked material separately from other material required to be submitted under this chapter.

     (2) Notwithstanding any other provision of this chapter or other law, the director shall not make public information which in the director's judgment should be privileged or confidential because it contains or relates to trade secrets or commercial or financial information except that, when necessary to carry out the provisions of this chapter, information relating to unpublished formulas of products acquired by authorization of this chapter may be revealed to any state or federal agency consulted and may be revealed at a public hearing or in findings of fact issued by the director when necessary under this chapter.

     (3) If the director proposes to release for inspection information which the applicant or registrant believes to be protected from disclosure under subsection (2) of this section, the director shall notify the applicant or registrant in writing, by certified mail.  The director shall not thereafter make available for inspection such data until thirty days after receipt of the notice by the applicant or registrant.  During this period, the applicant or registrant may institute an action in the superior court of Thurston county for a declaratory judgment as to whether such information is subject to protection under subsection (2) of this section.

     (4) Notwithstanding any other provisions of this chapter or other law, the director may make statements filed pursuant to RCW 15.58.060 available to the department of labor and industries and the department of health.  The department of labor and industries and the department of health shall comply with the terms of this section as well as RCW 15.58.060(1)(c) regarding disclosure of any statement received from the department of agriculture pursuant to this section.