Section 2300.3 - Conditions of ConfidentialityInformation considered as trade secrets and therefore confidential will be withheld from public disclosure unless the Secretary has determined that disclosure is necessary to protect against an unreasonable risk of injury to health or the environment.
(a) Designating information as trade secrets by the manufacturer does not automatically qualify them as trade secrets and therefore subject to confidentiality. Upon receipt of a Public Records Act request the Secretary will determine the validity of trade secret claims. If the Secretary determines that the information designated as a trade secret is, in fact a trade secret, that information will be treated as such and will be held in confidence.(b) If the Secretary determines that information designated by the manufacturer as trade secrets does not qualify as such and proposes to release it for inspection, the Secretary shall notify the manufacturer in writing, to the address provided by the manufacturer as stated on the license application. The Secretary shall not thereafter release for inspection any designated information until 10 days after mailing notice to the manufacturer. During this period, the manufacturer may institute an action in an appropriate venue for judgment as to whether such information is subject to protection.Cal. Code Regs. Tit. 3, § 2300.3
1. New section filed 9-10-2009; operative 1-1-2010 pursuant to Government Code section 11343.4(b) (Register 2009, No. 37). Note: Authority cited: Sections 407 and 14502, Food and Agricultural Code. Reference: Sections 14601 and 14631, Food and Agricultural Code; and Section 6254.7, Government Code.
1. New section filed 9-10-2009; operative 1-1-2010 pursuant to Government Code section 11343.4(b) (Register 2009, No. 37).