3-525.06. Access to public information; exceptions; disclosure

A. Documents, data and records received by the department and employees and agents of the department from a farm under this article are public records and are subject to disclosure as provided by law, except for:

1. Trade secrets, the disclosure of which would give an unfair advantage to competitors or would otherwise cause substantial harm to the farm's competitive position.

2. Financial information.

3. Documents, data and records derived from inspections and investigations under this article.

B. Any documents, data and records may be disclosed on a confidential basis to agencies or instrumentalities of any of the following that have data sharing agreements or data sharing credentials with the department or the United States food and drug administration:

1. The United States.

2. This state.

3. Political subdivisions of this state with which the director has a memorandum of understanding for the purposes of this subsection.

4. Indian tribal governments in this state.

5. Any other state:

(a) From which produce was transported into this state.

(b) Into which produce is transported from this state.

C. Any documents, data and records may be disclosed pursuant to:

1. The order of a court of competent jurisdiction.

2. A signed and notarized release by a farm authorizing the disclosure of specific information to a specific person or persons for a specific reason or reasons.

D. Aggregate statistical data derived from confidential information may be disclosed if the data does not identify, or enable the identification of, and is not attributable to, any individual farm. Information may not be disclosed pursuant to this subsection if a farm demonstrates that disclosure would give an unfair advantage to competitors or would otherwise cause substantial harm to the farm's competitive position.

E. A person, including a former employee or agent of the department or a person previously having an administrative duty for the department, who receives confidential information while an employee or agent of the department or while performing an administrative or enforcement duty for the department may not disclose that information except as provided in this article.