The following information or records obtained from the federal food and drug administration pursuant to a contract or commissioning agreement is exempt from public inspection and copying under chapter 42.56 RCW to the extent it is exempt from disclosure under 5 U.S.C. § 552, the federal freedom of information act: Trade secrets; confidential commercial information; information under the federal deliberative process privilege; information compiled for law enforcement purposes; and information expressly required to be kept confidential by other federal laws.

Findings—Intent—2019 c 337: “The legislature finds that the United States food and drug administration has stopped sharing nonpublic information with the Washington state department of agriculture and has indicated that unless the state can protect nonpublic food and drug administration information from disclosure consistent with federal law, the food and drug administration may discontinue future contracts and cooperative agreements with the Washington state department of agriculture for food safety, feed safety, rapid response, and laboratory programs. The legislature further finds that the loss of these contracts and cooperative agreements would result in significant reductions in state food safety funding, staffing, and infrastructure. The loss of certain nonpublic information diminishes the department of agriculture’s ability to respond to food-related public health emergencies and degrades the department of agriculture’s capacity to support the movement of state agricultural products in interstate and international commerce. The legislature therefore intends to exempt United States food and drug administration nonpublic information from disclosure under the state public disclosure act when the department of agriculture obtains such information or records in the course of a federal contract or commissioning agreement entered into under the authority of chapter 15.130 RCW, the food safety and security act.” [ 2019 c 337 § 1.]