[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1.12]

[Page 12-13]
 
                          TITLE 7--AGRICULTURE
 
PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents
 
                       Subpart A_Official Records
 
Sec. 1.12  Handling information from a private business.

    Each USDA agency is responsible for making the final determination 
with

[[Page 13]]

regard to the disclosure or nondisclosure of information in agency 
records that has been submitted by a business. When, in the course of 
responding to an FOIA request, an agency cannot readily determine 
whether the information obtained from a person is privileged or 
confidential business information, the policy of USDA is to obtain and 
consider the views of the submitter of the information and to provide 
the submitter an opportunity to object to any decision to disclose the 
information. If a request (including a subpoena duces tecum as described 
in Sec. 1.215) is received in USDA for information that has been 
submitted by a business, the agency shall:
    (a) Provide the business information submitter with prompt 
notification of a request for that information (unless it is readily 
determined by the agency that the information requested should not be 
disclosed or, on the other hand, that the information is not exempt by 
law from disclosure). Afford business information submitter reasonable 
time in which to object to the disclosure of any specified portion of 
the information. The submitter must explain fully all grounds upon which 
disclosure is opposed. For example, if the submitter maintains that 
disclosure is likely to cause substantial harm to it competitive 
position, the submitter must explain item-by-item why disclosure would 
cause such harm. Information provided by a business submitter pursuant 
to this paragraph may itself be subject to disclosure under FOIA;
    (b) Notify the requester of the need to inform the submitter of a 
request for submitted business information;
    (c) Determine whether the requested records are exempt from 
disclosure or must be released;
    (d) Provide business information submitters with notice of any 
determination to disclose such records prior to the disclosure date, in 
order that the matter may be considered for possible judicial 
intervention; and
    (e) Notify business information submitters promptly of all instances 
in which FOIA requesters bring suit seeking to compel disclosure of 
submitted information.

[65 FR 46339, July 28, 2000]