Okla. Stat. tit. 2, § 2-11-39

Competitive harm.

A. In submitting information pursuant to the Oklahoma

Agriculture Biotechnology Act, an applicant for a permit may

designate as "confidential" any portions of the information that the

applicant believes are entitled to treatment as confidential

business information. A designation of confidentiality shall be

made in writing and in a manner as the State Board of Agriculture

may prescribe. Information designated as "confidential" may be

submitted separately from other material submitted.

B. Information that would be protected from disclosure under

the federal Freedom of Information Act will be classified as

Confidential Business Information (CBI). This includes trade

secrets and commercial or financial information found to be

confidential.

C. Documents containing trade secrets which the person

submitting asserts are trade secrets will be deemed CBI. "Trade

secrets" means information relating to the production process. This

includes production data, formulas, and processes and quality

control tests and data, as well as research methodology and data

Oklahoma Statutes - Title 2. Agriculture Page 499

generated in the development of the production process. This

information must be:

1. Commercially valuable;

2. Used in one's business; and

3. Maintained in secrecy.

D. Documents containing commercial or financial information

will be confidential if a review establishes that substantial

competitive harm would result from disclosure. Information such as

safety data, efficacy or potency data, and environmental data may be

confidential information. Persons desiring protection for

confidential information must submit a detailed statement containing

facts to show that the person faces active competition in the area

to which the information relates, and that substantial competitive

harm would result from disclosure.

E. The applicant may withdraw the application at any time by

providing written notice to the Board. If the application is

withdrawn, all confidential business information shall be returned

to the applicant and shall not be disclosed.

F. Except as provided in the Oklahoma Agriculture Biotechnology

Act, no person shall reveal or use for a person’s own benefit any

confidential business information received pursuant to the Oklahoma

Agriculture Biotechnology Act.