[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2007]

From the U.S. Government Printing Office via GPO Access

[CITE: 9CFR390.9]



[Page 626]

 

                  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]