S-1845

AN ACT Relating to authorizing the director of agriculture to consult with public entities on human health risks associated with any proposed pesticide use by the department; amending RCW 15.58.060 and 15.58.065; adding new sections to chapter 15.58 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 15.58.060 and 1989 c 380 s 4 are each amended to read as follows:

(1) The applicant for registration shall file a statement with the department which shall include:

(a) The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant's;

(b) The name of the pesticide;

(c) The complete formula of the pesticide, including a listing of the active and inert ingredients((~~: PROVIDED, That confidential business information of a proprietary nature is not made available to any other person and is exempt from disclosure as a public record, as provided by RCW 42.17.260~~)) and the percentages of each ingredient. Except as provided in RCW 15.58.065 and section 3 of this act, this information will be kept confidential and is exempt from disclosure as a public record as provided by RCW 42.17.260. Information required by this subsection may be submitted on company letterhead marked "confidential" in red ink on each sheet or each "EPA Confidential Statement of Formula" information sheet;

(d) Other necessary information required for completion of the department's application for registration form; and

(e) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including the directions and precautions for use.

(2) The director may require a full description of the tests made and the results thereof upon which the claims are based.

(3) The director may prescribe other necessary information by rule.

Sec. 2. 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) Except under section 3 of this act and 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) Except under section 3 of this act, 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.

NEW SECTION. Sec. 3. A new section is added to chapter 15.58 RCW, to be codified between RCW 15.58.065 and 15.58.070, to read as follows:

(1) The director may consult with appropriate public university health professionals and federal, state, and local health agencies concerning unpublished formulas of products acquired by authorization of this chapter for the purpose of obtaining an independent assessment of the possible human health risks associated with any proposed pesticide use by the department.

(a) The director shall reveal to consulted individuals the confidential statement of formula for the purpose of assessing the possible human health risks associated with the proposed pesticide use by the department.

(b) Consulted individuals shall consider the confidential statement of formula, the proposed pesticide use, the impact on affected populations, and any other considerations that may bear on public health in making an assessment of the possible human health risks. Consulted individuals shall store this information in a secure locked location and shall return all information and notes to the director within fourteen days after the assessment is completed. Consulted individuals shall not disseminate or disclose the confidential statement of formula and associated information.

(2) The director shall make any independent assessment available to the public except that the names, chemical abstract service numbers, or other identifying characteristics or percentages of inert ingredients in a pesticide, or any other information which in the director's judgment should be confidential, shall not be disclosed. Additionally, any information or documents used in preparation of an independent assessment that pertain to the confidential statement of formula and any protected trade secret information shall not be disclosed to the public by any person.

(3) This section applies only to pesticide applications:

(a) To control or eradicate plant pests for which a quarantine has been declared by rule under authority of chapter 17.24 RCW; or

(b) Performed under authority of chapter 17.26 RCW.

NEW SECTION. Sec. 4. A new section is added to chapter 15.58 RCW, to be codified immediately following section 3 of this act, to read as follows:

(1) The director shall impose a seven thousand five hundred dollar fine on a consulted individual who unlawfully discloses the confidential statement of formula and associated information described in section 3 of this act.

(2) A person who unlawfully discloses such information is no longer eligible to serve in the capacity of a consulted individual.