Animal Welfare Information Center Newsletter, Summer 1997, Vol. 8, no. 2 *************************

Filing a FOIA Request with the U.S. Department of Agriculture

In accordance with the Freedom of Information Act (FOIA) and USDA regulations at 7 CFR, any person can request access to USDA records. The FOIA requires USDA to allow the public to have access unless the information is exempt under the FOIA from mandatory disclosure (for example, classified national security, business proprietary, personal privacy, on-going investigation).

Your request must be in writing. Indicate that you are making a request under the Freedom of Information Act, and address the request to the USDA agency that is responsible for the information you are requesting. If you are not sure which agency within USDA has the information you want, send your request to the following address:

USDA - FOIA Officer
Office of Communications
Room 536A
1400 Independence Ave. SW
Washington, DC 20250-1300.

Identify the records you want as accurately as possible, with as much detail as you can provide that would be helpful for locating the information (subject matter, date, place where the record was created, the person or office that created it, the present custodian of the record, etc). A request may only seek records that are in existence at the time that the FOIA request is received and may not require that new records be created in response to the request.

Provide your phone number and mailing address so that USDA employees may contact you if needed (for clarification of your request, etc). Specify the fee category (commercial use, news media, educational institution, noncommercial scientific institution, or other) in which you feel your request falls. State the maximum amount of fees that you are willing to pay, or include a request for a fee waiver (include justification provided below).

You may request a fee waiver. Fee waivers may be granted when disclosure of the records is in the public interest because it: (a) is likely to contribute significantly to public understanding of the operations or activities of the government (Does the record concern the operations or activities of the government? Is disclosure likely to contribute to the public understanding of these operations and activities? Will that contribution be significant?); and (b) is not primarily in the commercial interest of the requester.

Requests for fee waivers must be fully documented and justified by written explanation.

A requester may be required to pay fees for searching, reviewing, and copying records. You may be notified in advance if fees will exceed $25.

Privacy Act: Under the Privacy Act (PA), a person may seek access to records that are retrieved by that person's name or other personal identifier, such as social security number or employee identification number. Such records will be made available unless they fall within the exemptions of the PA and the FOIA.

Detailed information concerning USDA policies and procedures for obtaining access to information under the FOIA and the PA is available in 7 CFR Part 1, Subpart A, or by calling the USDA FOIA Officer at 202-720-8164 between the hours of 8 a.m. and 4 p.m.

A complete list of USDA FOIA coordinators is available on the USDA website at http://www.usda.gov/news/foia.htm.


This article appeared in the Animal Welfare Information Center Newsletter, Volume 8, Number 2, Summer 1997

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The Animal Welfare Information Center
U.S. Department of Agriculture
Agricultural Research Service
National Agricultural Library
10301 Baltimore Ave.
Beltsville, MD 20705-2351

Phone: (301) 504-6212
FAX: (301) 504-7125
E-mail: awic@nal.usda.gov

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December 3, 1997
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