Dairy Plant Inspection Records
Q: I would like to see inspection records of dairy plants through the CA Dept of Food and Agriculture. However, I’ve been told by the state office and regional office that I CANNOT FOIA these records. I understand that some info may be exempted, but I think I should be allowed to see at least some parts of the records.
Has your organization had any experience in requesting such records? If not, can you direct me to the applicable state regs or codes that would indicate that this information is disclosable or exempted?
A: The short answer to your question is that if the daily inspection records are maintained for enforcement or license purposes by the Department of Food and Agriculture, they are probably exempt from disclosure under Government Code section 6254(f) of the California Public Records Act. But if these inspections are routinely done and the reports are not created for an specific enforcement or licensing purpose (ie, to determine whether to bring an enforcement action or to renew or terminate a license) and there is no definite prospect of an enforcement action being brought, they probably are not exempt. See Uribe v. Howie, 19 Cal. App. 3d 194 (1971).
It is more or less an all or nothing question, unless an inspection was done pursuant to a complaint to DFA or some other agency. In that case, the PRA (in Government Code section 6254(f)(2)) requires DFA (or the other agency) to provide you certain info about the complaint and the response to the complaint — including the time, substance and location of the complaint or request for assistance, the time and nature of the response, and all the factual circumstances surrounding the incident and the agency’s response — unless disclosing that information would endanger the safety of a person (very unlikely in this context) or the successful completion of an investigation.