7 U.S. Code § 136h - Protection of trade secrets and other information
In submitting data required by this subchapter, the applicant may (1) clearly mark any portions thereof which in the applicant’s opinion are trade secrets or commercial or financial information and (2) submit such market material separately from other material required to be submitted under this subchapter.
Notwithstanding any other provision of this subchapter and subject to the limitations in subsections (d) and (e) of this section, the Administrator shall not make public information which in the Administrator’s judgment contains or relates to trade secrets or commercial or financial information obtained from a person and privileged or confidential, except that, when necessary to carry out the provisions of this subchapter, information relating to formulas of products acquired by authorization of this subchapter may be revealed to any Federal agency consulted and may be revealed at a public hearing or in findings of fact issued by the Administrator.
If the Administrator proposes to release for inspection information which the applicant or registrant believes to be protected from disclosure under subsection (b), the Administrator shall notify the applicant or registrant, in writing, by certified mail. The Administrator 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 an appropriate district court for a declaratory judgment as to whether such information is subject to protection under subsection (b).
Information otherwise protected from disclosure to the public under subsection (b) of this section may be disclosed to contractors with the United States and employees of such contractors if, in the opinion of the Administrator, such disclosure is necessary for the satisfactory performance by the contractor of a contract with the United States for the performance of work in connection with this subchapter and under such conditions as the Administrator may specify. The Administrator shall require as a condition to the disclosure of information under this subsection that the person receiving it take such security precautions respecting the information as the Administrator shall by regulation prescribe.
1991—Subsec. (a). Pub. L. 102–237, § 1006(b)(3)(J), substituted “the applicant’s” for “his”.
Subsec. (b). Pub. L. 102–237, § 1006(b)(2), substituted “the Administrator’s” for “his”.
Subsec. (c). Pub. L. 102–237, § 1006(b)(1), substituted “the Administrator” for “he” before “shall notify”.
1988—Subsec. (d). Pub. L. 100–532 in par. (1), substituted “public. The use” for “public: Provided, That the use” and “title. This paragraph” for “title: Provided further, That this paragraph”, and in par. (3), “notice. Where” for “notice: Provided, That where”.
1984—Subsec. (d)(3). Pub. L. 98–620 struck out provisions requiring the court to give expedited consideration to actions involving injunctions or limitations of proposed disclosure.
1978—Subsec. (b). Pub. L. 95–396, § 15(1), made disclosure of information by the Administrator subject to the limitations of subsecs. (d) and (e) of this section.
Subsecs. (d) to (g). Pub. L. 95–396, § 15(2), added subsecs. (d) to (g).
Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.
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