Section 25358.2 Of Article 5. Uses Of The State Account From California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 5.
25358.2
. (a) "Trade secrets," as used in this section, may include,
but are not limited to, any formula, plan, pattern, process, tool,
mechanism, compound, procedure, production data, or compilation of
information that is not patented, that is known only to certain
individuals within a commercial concern who are using it to
fabricate, produce, develop, or compound an article of trade or a
service having commercial value, and that gives its user an
opportunity to obtain a business advantage over competitors who do
not know or use it.
(b) The department may disclose trade secrets received by the
department pursuant to this chapter to authorized representatives,
contractors, or other governmental agencies only in connection with
the department's responsibilities pursuant to this chapter. The
department shall establish procedures to ensure that trade secrets
are utilized only in connection with these responsibilities and are
not otherwise disseminated without the consent of the person who
provided the information to the department.
(c) The department may also make available to the United States
Environmental Protection Agency any and all information required by
law to be furnished to that agency. The sharing of information
between the department and that agency pursuant to this section does
not constitute a waiver by the department or any affected person of
any privilege or confidentiality provided by law which pertains to
the information.
(d) Any person providing information pursuant to subdivision (b)
of Section 25358.1 shall, at the time of its submission, identify all
information which the person believes is a trade secret. Any
information or record not identified as a trade secret is available
to the public, unless exempted from disclosure by other provisions of
law.
(e) Any person who knowingly and willfully disseminates
information protected by this section or procedures established by
the department pursuant to subdivision (b) shall, upon conviction, be
punished by a fine of not more than five thousand dollars ($5,000),
imprisonment in the county jail not to exceed one year, or by both
that fine and imprisonment.