Regulation 34 Confidentiality
Where an applicant has included a statement in the application for a food and feed marketing authorisation in accordance with paragraph 1(6) of Schedule 4, indicating that certain information should be treated as commercially confidential, the Food Standards Agency must decide which of the information identified it proposes to treat as commercially confidential and notify the applicant of its decision.
After being informed of the Food Standards Agency’s decision, the applicant may withdraw their application before the end of the period of 21 days beginning with the day on which notice of the decision was sent by the Food Standards Agency, during which period the confidentiality of the information provided must be observed by the Food Standards Agency.
The Food Standards Agency may decide that information provided under regulations 32 and 33 is commercially confidential except where paragraph (5) applies.
Information may be treated as commercially confidential if disclosure of such information would, or would be likely to, prejudice the commercial interests of any person or is a trade secret.
The following information must not be considered commercially confidential—
the information set out in regulation 35 (the food and feed marketing authorisations register);
information relevant to the effects of the precision bred organism for use in food and feed on human or animal health.
The Food Standards Agency must take the necessary measures to ensure appropriate confidentiality of the information that the Food Standards Agency has decided is to be treated as commercially confidential except for information which must be made public if circumstances so require in order to protect human or animal health.
If an applicant withdraws or has withdrawn an application, the Food Standards Agency must respect the confidentiality of any commercial information—
which the applicant has indicated should be treated as confidential;
in respect of which a claim for confidentiality is disputed.
Paragraphs (1) to (7) do not prevent the exchange of information treated as commercially confidential between the Food Standards Agency and the Secretary of State.