§ 303 — Protection of confidential commercial information for plant pesticides

303.—(1) Where the Agency receives an application relating to a plant pesticide product, or a proposed plant pesticide product, and the product or an active constituent of the proposed or existing plant pesticide product (as the case may be) has not been the subject of any other earlier application to the Agency, then during the protected period of the confidential commercial information relating to the plant pesticide product or active constituent, the Agency —

(a)

must take reasonable steps to ensure that the confidential commercial information is kept confidential to the Agency; and

(b)

must not use the confidential commercial information for the purposes of determining whether to grant any other application.

(2) Despite subsection (1), the Agency may, during the protected period in relation to any confidential supporting information —

(a)

disclose that confidential commercial information, or use that confidential commercial information for the purposes of determining whether to grant any application other than the application to which it relates or related, as the case may be —(i)

with the consent of the applicant who made the application to which the confidential commercial information relates or related; or

(ii)

if that disclosure or use is, in the opinion of the Agency, necessary to protect the health or safety of members of the general public;

(b)

disclose that confidential commercial information to a Government department or statutory body for the purposes of the Government department or statutory body if, in the opinion of the Agency, the Government department or statutory body will take reasonable steps to ensure the confidential commercial information is kept confidential; or

(c)

disclose that confidential commercial information to any one or more of the following:(i)

the World Health Organisation;

(ii)

the Food and Agriculture Organisation;

(iii)

any regulatory agency of a WTO Country;

(iv)

any committee established under section 27 of the Singapore Food Agency Act 2019 for the purpose of advising the Agency on any matters arising out of any application;

(v)

any person, or a person within a class or classes of persons, approved by the Minister, if the disclosure is in accordance with any conditions that are specified in the pesticide control regulations.

(3) The power to grant consent under subsection (2)(a)(i) may be exercised by a person other than the applicant mentioned in that provision if —

(a)

that applicant —(i)

has notified the Agency in writing that that other person may grant that consent; and

(ii)

has not notified the Agency in writing that that person’s authority to grant that consent has been withdrawn; or

(b)

that applicant’s rights in respect of the relevant confidential commercial information have been transferred to that person and the applicant or that other person has notified the Agency in writing of the transfer.

(4) In this section —“application” means an application under section 205 for registration of a plant pesticide product;

“confidential commercial information”, in relation to a plant pesticide product or in relation to an active constituent for a proposed or existing plant pesticide product, means —(a)

a trade secret relating to the active constituent or product; or

(b)

any other information relating to the active constituent or product that has a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed;

“protected period”, in relation to any confidential commercial information relating to an innovative plant pesticide application received by the Director‑General, means a period of 5 years starting the date the application is or was (as the case may be) received by the Agency;

“WTO Country” means a country that is a party to the Agreement establishing the World Trade Organisation adopted at Marrakesh on 15 April 1994.

(5) Section 6 of the Public Sector (Governance) Act 2018 and section 34 of the Singapore Food Agency Act 2019 do not apply in relation to any confidential commercial information during its protected period.

—(1) Where the Agency receives an application relating to a plant pesticide product, or a proposed plant pesticide product, and the product or an active constituent of the proposed or existing plant pesticide product (as the case may be) has not been the subject of any other earlier application to the Agency, then during the protected period of the confidential commercial information relating to the plant pesticide product or active constituent, the Agency —

(a)

must take reasonable steps to ensure that the confidential commercial information is kept confidential to the Agency; and

(b)

must not use the confidential commercial information for the purposes of determining whether to grant any other application.

(2) Despite subsection (1), the Agency may, during the protected period in relation to any confidential supporting information —

(a)

disclose that confidential commercial information, or use that confidential commercial information for the purposes of determining whether to grant any application other than the application to which it relates or related, as the case may be —(i)

with the consent of the applicant who made the application to which the confidential commercial information relates or related; or

(ii)

if that disclosure or use is, in the opinion of the Agency, necessary to protect the health or safety of members of the general public;

(b)

disclose that confidential commercial information to a Government department or statutory body for the purposes of the Government department or statutory body if, in the opinion of the Agency, the Government department or statutory body will take reasonable steps to ensure the confidential commercial information is kept confidential; or

(c)

disclose that confidential commercial information to any one or more of the following:(i)

the World Health Organisation;

(ii)

the Food and Agriculture Organisation;

(iii)

any regulatory agency of a WTO Country;

(iv)

any committee established under section 27 of the Singapore Food Agency Act 2019 for the purpose of advising the Agency on any matters arising out of any application;

(v)

any person, or a person within a class or classes of persons, approved by the Minister, if the disclosure is in accordance with any conditions that are specified in the pesticide control regulations.

(3) The power to grant consent under subsection (2)(a)(i) may be exercised by a person other than the applicant mentioned in that provision if —

(a)

that applicant —(i)

has notified the Agency in writing that that other person may grant that consent; and

(ii)

has not notified the Agency in writing that that person’s authority to grant that consent has been withdrawn; or

(b)

that applicant’s rights in respect of the relevant confidential commercial information have been transferred to that person and the applicant or that other person has notified the Agency in writing of the transfer.

(4) In this section —“application” means an application under section 205 for registration of a plant pesticide product;

“confidential commercial information”, in relation to a plant pesticide product or in relation to an active constituent for a proposed or existing plant pesticide product, means —(a)

a trade secret relating to the active constituent or product; or

(b)

any other information relating to the active constituent or product that has a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed;

“protected period”, in relation to any confidential commercial information relating to an innovative plant pesticide application received by the Director‑General, means a period of 5 years starting the date the application is or was (as the case may be) received by the Agency;

“WTO Country” means a country that is a party to the Agreement establishing the World Trade Organisation adopted at Marrakesh on 15 April 1994.

(5) Section 6 of the Public Sector (Governance) Act 2018 and section 34 of the Singapore Food Agency Act 2019 do not apply in relation to any confidential commercial information during its protected period.