Section 16-06-210 - Exemptions(1) The Public Records Act exempts a number of types of records from public disclosure (see chapter 42.56 RCW).(2) Records are also exempt from disclosure if any other statute exempts or prohibits disclosure. Requestors should be aware of the following exemptions outside of the Public Records Act, which restrict the availability of some records held by the department. This list is not exhaustive and other exemptions may apply: (a) The semiannual report required in the Commercial Feed Act (reference RCW 15.53.9018) .(b) The department has the authority to publish reports of official seed inspections, seed certifications, laboratory statistics, verified violations of this chapter, and other seed branch activities which do not reveal confidential information regarding individual company operations or production (reference RCW 15.49.370(8)) .(c) Financial statement information required under RCW 22.09.040(9) or 22.09.045(7).(d) Privileged or confidential information or data that contains trade secrets, commercial, or financial information submitted under the Washington Pesticide Control Act (reference RCW 15.58.060(1)(c) and 15.58.065 ).(e) Information submitted by an applicant under chapter 17.24 RCW that is privileged or confidential because it contains trade secrets or commercial or financial information (reference RCW 17.24.061) .(f) Under RCW 42.56.610 and 90.64.190, information identifying the number of animals; volume of livestock nutrients generated; number of acres covered by the plan or used for land application of livestock nutrients; livestock nutrients transferred to other persons; and crop yields in plans, records, and reports obtained by state and local agencies from dairies, animal feeding operations, and concentrated animal feeding operations not required to apply for a National Pollutant Discharge Elimination System permit is disclosable in the following ranges: (i) Number of animals: Beef cattle 1 to 19
20 to 159
160 to 299
300 to 999
1,000 to 5,999
6,000 to 10,999
11,000 to 15,999
16,000 to 20,999
21,000 to 25,999
26,000 to 31,199
31,200 to 37,439
37,440 to 44,999
45,000 and above
(ii) Number of animals: Mature dairy cattle 1 to 37
38 to 199
200 to 699
700 to 1,699
1,700 to 2,699
2,700 to 3,699
3,700 to 4,699
4,700 to 5,699
5,700 to 6,839
6,840 and above
(iii) Number of animals: Dairy heifers 1 to 49
50 to 149
150 to 299
300 to 999
1,000 to 1,999
2,000 to 2,999
3,000 to 3,999
4,000 and above
(iv) Number of animals: Swine (fifty-five pounds or greater) 1 to 19
20 to 159
160 to 399
400 to 749
750 to 2,499
2,500 to 4,249
4,250 to 5,999
6,000 to 7,749
7,750 and above
(v) Number of animals: Swine (less than fifty-five pounds) 1 to 99
100 to 499
500 to 1,099
1,100 to 1,999
2,000 to 2,999
3,000 to 9,999
10,000 to 16,999
17,000 to 23,999
24,000 to 30,999
31,000 and above
(vi) Number of animals: Layers (all ages) 1 to 199
200 to 999
1,000 to 10,999
11,000 to 24,999
25,000 to 81,999
82,000 to 138,999
139,000 to 195,999
196,000 to 252,999
253,000 to 309,999
310,000 to 371,999
372,000 to 446,399
446,400 to 535,679
535,680 to 642,815
642,816 to 771,379
771,380 to 925,655
925,656 to 1,110,787
1,110,788 to 1,332,945
1,332,946 and above
(vii) Number of animals: Broilers (all ages) 1 to 199
200 to 999
1,000 to 17,999
18,000 to 37,499
37,500 to 124,999
125,000 to 212,499
212,500 to 299,999
300,000 and above
(viii) Number of animals: Horses 1 to 19
20 to 79
80 to 149
150 to 499
500 to 849
850 to 1,199
1,200 to 1,549
1,550 and above
(ix) Livestock nutrients generated or exported by volume (ft3/day) 1 to 74
75 to 134
135 to 299
300 to 449
450 to 749
750 to 1,499
1,500 to 2,499
2,500 to 4,999
5,000 to 8,499
8,500 to 11,999
12,000 to 15,999
16,000 and above
(x) Livestock nutrients generated or exported by weight (tons/year) 1 to 5,256
5,257 to 10,512
10,513 to 21,024
21,025 to 42,048
42,049 to 84,096
84,097 to 164,184
164,185 to 262,734
262,735 to 394,200
394,201 to 558,384
558,385 to 722,634
722,635 to 919,734
919,735 to 1,051,134
1,051,135 and above
(xi) Number of acres covered by the plan or used for land application of livestock nutrients 0 to 25
26 to 65
66 to 120
121 to 300
301 to 550
551 to 900
901 to 1,300
1,301 to 1,800
1,801 to 2,500
2,501 to 3,200
3,201 to 4,000
4,001 to 6,000
6,001 to 9,000
9,001 to 11,500
11,501 to 14,000
14,001 and above
(xii) Crop yields - tons/acre 0 to 1
1.1 to 2
2.1 to 3.5
3.6 to 5
5.1 to 7
7.1 to 9
9.1 to 12
12.1 to 14.5
14.6 to 17
17.1 to 19.5
19.6 to 22
22.1 to 26
26.1 and above
(g) A person aggrieved by a violation of chapter 17.21 RCW or the rules adopted under that chapter is entitled, on request, to have his or her name protected from disclosure in any communication with persons outside the department and in any record published, released, or made available to persons outside the department except as provided in RCW 17.21.340(1)(a)(ii).(h) Information about marijuana processors otherwise exempt from public inspection and copying under chapter 42.56 RCW is also exempt from public inspection and copying if submitted to or used by the department (reference RCW 69.07.200(4)) .(i) Information about marijuana producers, marijuana processors, and marijuana retailers otherwise exempt from public inspection and copying under chapter 42.56 RCW is also exempt from public inspection and copying if submitted to or used by the department (reference RCW 15.125.050) .(3) A list of common record exemptions can be found on the department's website.Wash. Admin. Code § 16-06-210
Amended by WSR 14-19-056, Filed 9/12/2014, effective 10/13/2014Amended by WSR 17-06-034, Filed 2/23/2017, effective 3/26/2017Amended by WSR 17-20-102, Filed 10/4/2017, effective 11/4/2017Amended by WSR 20-16-011, Filed 7/23/2020, effective 8/23/2020Statutory Authority: Chapters 34.05, 42.56, and 43.23 RCW. 09-03-032, § 16-06-210, filed 1/12/09, effective 2/12/09. Statutory Authority: Chapters 42.17 and 43.23 RCW. 96-14-086, § 16-06-210, filed 7/2/96, effective 8/2/96.