Section 25511.

(a)  If a business believes that the inventory required by this chapter involves the release of a trade secret, the business shall nevertheless make the disclosure to the administering agency, and shall notify the administering agency in writing of that belief on the inventory form. As used in this chapter "trade secret" has the meanings given to it by Section 6254.7 of the Government Code and Section 1060 of the Evidence Code.

(b)  Subject to this section, the administering agency shall protect from disclosure any trade secret designated as such by the handler.

(c)  Upon receipt of a request for the release of information to the public which includes information which the handler has notified the administering agency is a trade secret pursuant to subdivision (a), the administering agency shall notify the handler in writing of the request by certified mail, return receipt requested. The administering agency shall release the information to the public, but not earlier than 30 days after the date of mailing the notice of the request for information, unless, prior to the expiration of the 30-day period, the handler files an action in an appropriate court for a declaratory judgment that the information is subject to protection under subdivision (b) or for an injunction prohibiting disclosure of the information to the public and promptly notifies the administering agency of that action. This section does not permit a handler to refuse to disclose the information required pursuant to this chapter to the administering agency.

(d)  Any information which is confidential pursuant to this section shall not be disclosed to anyone except the following:

(1)  An officer or employee of the county or city, the state, or the United States, in connection with the official duties of that officer or employee under any law for the protection of health, or to contractors with the county or city and their employees if, in the opinion of the administering agency, disclosure is necessary and required for the satisfactory performance of a contract, for performance of work, or to protect the health and safety of the employees of the contractor.

(2)  Any physician where the physician certifies in writing to the administering agency that the information is necessary to the medical treatment of the physician's patient.

(e)  For purposes of this section, fire and emergency rescue personnel and county health personnel operating within the jurisdiction of the county or city shall be considered employees of the county or city, as the case may be.

(f)  Any physician who, by virtue of having obtained possession of, or access to, confidential information, and who, knowing that disclosure of the information to the general public is prohibited by this section, knowingly and willfully discloses the information in any manner to any person not entitled to receive it, is guilty of a misdemeanor.

(g)  Any officer or employee of the county or city or former officer or employee who, by virtue of that employment or official position, has possession of, or has access to, confidential information, and who, knowing that disclosure of the information to the general public is prohibited by this section, knowingly and willfully discloses the information in any manner to any person not entitled to receive it, is guilty of a misdemeanor. Any contractor with the county or city and any employee of the contractor, who has been furnished information as authorized by this section, shall be considered an employee of the county or city for purposes of this section.

(h)  Information certified by appropriate officials of the United States as necessary to be kept secret for national defense purposes shall be accorded the full protections against disclosure as specified by those officials or in accordance with the laws of the United States.

(Added by Stats. 1985, Ch. 1167, Sec. 1.)