7 USC 136h(g): Analytical, health, environmental effects and efficacy data that prohibits registrants from disclosing information to foreign competitors

          
Sec. 136h. Protection of trade secrets and other information


(a) In general

    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.

(b) Disclosure

    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.

(c) Disputes

    If the Administrator proposes to release for inspection information 
which the applicant or registrant believes to be protected from 
disclosure under subsection (b) of this section, 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) of this section.

(d) Limitations

    (1) All information concerning the objectives, methodology, results, 
or significance of any test or experiment performed on or with a 
registered or previously registered pesticide or its separate 
ingredients, impurities, or degradation products, and any information 
concerning the effects of such pesticide on any organism or the behavior 
of such pesticide in the environment, including, but not limited to, 
data on safety to fish and wildlife, humans and other mammals, plants, 
animals, and soil, and studies on persistence, translocation and fate in 
the environment, and metabolism, shall be available for disclosure to 
the public. The use of such data for any registration purpose shall be 
governed by section 136a of this title. This paragraph does not 
authorize the disclosure of any information that--
        (A) discloses manufacturing or quality control processes,
        (B) discloses the details of any methods for testing, detecting, 
    or measuring the quantity of any deliberately added inert ingredient 
    of a pesticide, or

[[Page 186]]

        (C) discloses the identity or percentage quantity of any 
    deliberately added inert ingredient of a pesticide,

unless the Administrator has first determined that disclosure is 
necessary to protect against an unreasonable risk of injury to health or 
the environment.
    (2) Information concerning production, distribution, sale, or 
inventories of a pesticide that is otherwise entitled to confidential 
treatment under subsection (b) of this section may be publicly disclosed 
in connection with a public proceeding to determine whether a pesticide, 
or any ingredient of a pesticide, causes unreasonable adverse effects on 
health or the environment, if the Administrator determines that such 
disclosure is necessary in the public interest.
    (3) If the Administrator proposes to disclose information described 
in clause (A), (B), or (C) of paragraph (1) or in paragraph (2) of this 
subsection, the Administrator shall notify by certified mail the 
submitter of such information of the intent to release such information. 
The Administrator may not release such information, without the 
submitter's consent, until thirty days after the submitter has been 
furnished such notice. Where the Administrator finds that disclosure of 
information described in clause (A), (B), or (C) of paragraph (1) of 
this subsection is necessary to avoid or lessen an imminent and 
substantial risk of injury to the public health, the Administrator may 
set such shorter period of notice (but not less than ten days) and such 
method of notice as the Administrator finds appropriate. During such 
period the data submitter may institute an action in an appropriate 
district court to enjoin or limit the proposed disclosure. The court may 
enjoin disclosure, or limit the disclosure or the parties to whom 
disclosure shall be made, to the extent that--
        (A) in the case of information described in clause (A), (B), or 
    (C) of paragraph (1) of this subsection, the proposed disclosure is 
    not required to protect against an unreasonable risk of injury to 
    health or the environment; or
        (B) in the case of information described in paragraph (2) of 
    this subsection, the public interest in availability of the 
    information in the public proceeding does not outweigh the interests 
    in preserving the confidentiality of the information.

(e) Disclosure to contractors

    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.

(f) Penalty for disclosure by Federal employees

    (1) Any officer or employee of the United States or former officer 
or employee of the United States who, by virtue of such employment or 
official position, has obtained possession of, or has access to, 
material the disclosure of which is prohibited by subsection (b) of this 
section, and who, knowing that disclosure of such material is prohibited 
by such subsection, willfully discloses the material in any manner to 
any person not entitled to receive it, shall be fined not more than 
$10,000 or imprisoned for not more than one year, or both. Section 1905 
of title 18 shall not apply with respect to the publishing, divulging, 
disclosure, or making known of, or making available, information 
reported or otherwise obtained under this subchapter. Nothing in this 
subchapter shall preempt any civil remedy under State or Federal law for 
wrongful disclosure of trade secrets.
    (2) For the purposes of this section, any contractor with the United 
States who is furnished information as authorized by subsection (e) of 
this section, or any employee of any such contractor, shall be 
considered to be an employee of the United States.

        

            
 
          

(g) Disclosure to foreign and multinational pesticide producers

    (1) The Administrator shall not knowingly disclose information 
submitted by an applicant or registrant under this subchapter to any 
employee or agent of any business or other entity engaged in the 
production, sale, or distribution of pesticides in countries other than 
the United States or in addition to the United States or to any other 
person who intends to deliver such data to such foreign or multinational 
business or entity unless the applicant or registrant has consented to 
such disclosure. The Administrator shall require an affirmation from any 
person who intends to inspect data that such person does not seek access 
to the data for purposes of delivering it or offering it for sale to any 
such business or entity or its agents or employees and will not 
purposefully deliver or negligently cause the data to be delivered to 
such business or entity or its agents or employees. Notwithstanding any 
other provision of this subsection, the Administrator may disclose 
information to any person in connection with a public proceeding under 
law or regulation, subject to restrictions on the availability of 
information contained elsewhere in this subchapter, which information is 
relevant to a determination by the Administrator with respect to whether 
a pesticide, or any ingredient of a pesticide, causes unreasonable 
adverse effects on health or the environment.
    (2) The Administrator shall maintain records of the names of persons 
to whom data are disclosed under this subsection and the persons or 
organizations they represent and shall inform the applicant or 
registrant of the names and affiliations of such persons.
    (3) Section 1001 of title 18 shall apply to any affirmation made 
under paragraph (1) of this subsection.

(June 25, 1947, ch. 125, Sec. 10, as added Pub. L. 92-516, Sec. 2, Oct. 
21, 1972, 86 Stat. 989; amended Pub. L. 95-396, Sec. 15, Sept. 30, 1978, 
92 Stat. 829; Pub. L. 98-620, title IV, Sec. 402(4)(B), Nov. 8, 1984, 98 
Stat. 3357; Pub. L. 100-532, title VIII, Sec. 801(f), Oct. 25, 1988, 102 
Stat. 2682; Pub. L. 102-237, title X,

[[Page 187]]

Sec. 1006(b)(1), (2), (3)(J), Dec. 13, 1991, 105 Stat. 1895, 1896.)


                            Prior Provisions

    A prior section 10 of act June 25, 1947, was classified to section 
135h of this title prior to amendment of act June 25, 1947, by Pub. L. 
92-516.


                               Amendments

    1991--Subsec. (a). Pub. L. 102-237, Sec. 1006(b)(3)(J), substituted 
``the applicant's'' for ``his''.
    Subsec. (b). Pub. L. 102-237, Sec. 1006(b)(2), substituted ``the 
Administrator's'' for ``his''.
    Subsec. (c). Pub. L. 102-237, Sec. 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, Sec. 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, Sec. 15(2), added subsecs. (d) 
to (g).


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-532 effective on expiration of 60 days 
after Oct. 25, 1988, see section 901 of Pub. L. 100-532, set out as a 
note under section 136 of this title.


                    Effective Date of 1984 Amendment

    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.


                             Effective Date

    For effective date of section, see section 4 of Pub. L. 92-516, set 
out as a note under section 136 of this title.