1. A. In submitting information pursuant to this act, an applicant for a permit may designate as "confidential" any portions thereof which the applicant believes are entitled to treatment as confidential business information. A designation of confidentiality shall be made in writing and in such manner as the State Board of Agriculture may prescribe. Information designated as "confidential" may be submitted separately from other material submitted.
2. B. Information that would be protected from disclosure under the Freedom of Information Act (5 U.S.C. 552(b)(4)) will be classified as Confidential Business Information (CBI). This includes trade secrets and commercial or financial information found to be confidential.

3. C. Documents containing trade secrets and which the person submitting asserts are trade secrets will be deemed CBI. "Trade secrets" means information relating to the production process. This includes production data, formulas, and processes and quality control tests and data, as well as research methodology and data generated in the development of the production process. Such information must be:

   1. 1. Commercially valuable;
   2. 2. Used in one's business; and
   3. 3. Maintained in secrecy.
4. D. Documents containing commercial or financial information will be deemed confidential if review established that substantial competitive harm would result from disclosure. Information such as safety data, efficacy or potency data, and environmental data may be such confidential information. Persons desiring protection for confidential information must submit a detailed statement containing facts to show that the person faces active competition in the area to which the information relates, and that substantial competitive harm would result from disclosure.
5. E. The applicant may withdraw the application at any time by providing written notice to the Board. If the application is withdrawn, all confidential business information shall be returned to the applicant and shall not be disclosed.
6. F. Except as provided herein, no person shall reveal or use for his own benefit any confidential business information received pursuant to this act.

Added by Laws 1990, c. 226, § 5, emerg. eff. May 17, 1990.