[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR390.9]

[Page 623]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 390_FREEDOM OF INFORMATION AND PUBLIC INFORMATION--Table of Contents
 
Sec. 390.9  Communications with State and other Federal government 
agencies.

    (a) The Administrator of the Food Safety and Inspection Service 
(FSIS), or designee, may authorize the disclosure of distribution lists 
(records that show where and when product was shipped) obtained from a 
firm recalling products, or incorporated into agency-prepared records, 
to State and other Federal government agencies to verify the removal of 
the recalled product, provided that:
    (1) The State agency has provided both a written statement 
establishing its authority to protect confidential distribution lists 
from public disclosure and a written commitment not to disclose any 
information provided by FSIS, without the written permission of the 
submitter of the information or written confirmation by FSIS that the 
information no longer has confidential status. Federal government 
agencies must provide a written commitment not to disclose the 
information and to refer any request for distribution lists to FSIS for 
response; and
    (2) The Administrator of FSIS or designee determines that disclosure 
would be in the interest of public health.
    (b) This provision does not authorize the disclosure to State or 
other Federal government agencies of trade secret information, unless 
otherwise provided by law or pursuant to an express written 
authorization provided by the submitter of the information.
    (c) Information disclosed under this section is not a disclosure of 
information to the public. Disclosures made under this section do not 
waive any FOIA exemption protection.

[67 FR 20013, Apr. 24, 2002]