BILL REQ. #:  H-1095.2 

Read first time 01/25/2007.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to the fair and orderly marketing of fruits and vegetables by the state of Washington; and reenacting and amending RCW 42.56.380.

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

Sec. 1   RCW 42.56.380 and 2006 c 330 s 26 and 2006 c 75 s 3 are each reenacted and amended to read as follows:
     The following information relating to agriculture and livestock is exempt from disclosure under this chapter:
     (1) Business-related information under RCW 15.86.110;
     (2) Information provided under RCW 15.54.362;
     (3) Production or sales records required to determine assessment levels and actual assessment payments to commodity boards and commissions formed under chapters 15.24, 15.26, 15.28, 15.44, 15.65, 15.66, 15.74, 15.88, 15.100, 15.89, and 16.67 RCW or required by the department of agriculture to administer these chapters or the department's programs;
     (4) Consignment information contained on phytosanitary certificates issued by the department of agriculture under chapters 15.13, 15.49, and 15.17 RCW or federal phytosanitary certificates issued under 7 C.F.R. 353 through cooperative agreements with the animal and plant health inspection service, United States department of agriculture, or on applications for phytosanitary certification required by the department of agriculture;
     (5) Financial and commercial information and records supplied by persons (a) to the department of agriculture for the purpose of conducting a referendum for the potential establishment of a commodity board or commission; or (b) to the department of agriculture or commodity boards or commissions formed under chapter 15.24, 15.28, 15.44, 15.65, 15.66, 15.74, 15.88, 15.100, 15.89, or 16.67 RCW with respect to domestic or export marketing activities or individual producer's production information;
     (6) Except under RCW 15.19.080, information obtained regarding the purchases, sales, or production of an individual American ginseng grower or dealer;
     (7) Information that can be identified to a particular business and that is collected under section 3(1), chapter 235, Laws of 2002 or chapter 15.17 RCW;
     (8) Financial statements provided under RCW 16.65.030(1)(d);
     (9) Information submitted by an individual or business for the purpose of participating in a state or national animal identification system. Disclosure to local, state, and federal officials is not public disclosure. This exemption does not affect the disclosure of information used in reportable animal health investigations under chapter 16.36 RCW once they are complete; and
     (10) Results of testing for animal diseases not required to be reported under chapter 16.36 RCW that is done at the request of the animal owner or his or her designee that can be identified to a particular business or individual.