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Mr. Milt Grissom <br />January 14, 1994 <br />Page Three <br />The issuance of this ROV does not preclude the Department <br />from taking administrative, civil, or criminal action as a result <br />of the violations noted herein. <br />The Department had photographs taken of your facility during <br />its inspection. These photographs are subject to public <br />disclosure under the Public Records Act (Gov. Code § 6250 et <br />seq.). Pursuant to Health and Safety Code section 25185 (d), you <br />may determine whether trade secret information or facility <br />security would be revealed by the photograph. "Trade secret" is <br />defined in Health and Safety Code section 25173 to include <br />process, tool, mechanism, compound, procedure, production data, <br />or compilation of information, which is not patented, or which is <br />known only to certain individuals within a commercial concern who <br />are using it to fabricate, produce, or compound an article of <br />trade or service having commercial value, and which gives its <br />user an opportunity to obtain a business advantage over <br />competitors who do not know or use it. Trade secret protection <br />is explained in Uribe v. Howie (1971) 19 Cal. App. 3d 194. <br />If you wish to assert the trade secret privilege after you <br />have reviewed the photographs, please provide specific answers to <br />each of the following questions for each photograph: <br />1. To what extent is there knowledge of the <br />information conveyed by the photograph outside <br />your business? <br />2. To what extent is there knowledge of the <br />information conveyed by the photograph by <br />employees and others in your business? <br />3. To what extent have measures been taken to guard <br />the secrecy of the information? <br />4. Is the information valuable to competitors?- If <br />so, why? <br />5. Has there been substantial monetary expenditure in <br />the development of the information? <br />6. Could the information be easily and properly <br />acquired or duplicated by others? <br />The Department will review this information to determine if <br />the photographs should be treated as trade secrets and notify you <br />accordingly. <br />