Section 4805. Trade secrets  


Latest version.
  • 1. When a manufacturer, producer, formulator or
      employer  considers  the  identity  of or other information concerning a
      toxic  chemical  substance  to  be  a  protectable  trade  secret  whose
      disclosure  would  compromise his competitive advantage, he may register
      this information as secret with  the  commissioner  provided  that  such
      information  is  already  registered  as  a trade secret pursuant to any
      provision of federal law or such information  is  not  registered  as  a
      trade  secret  but is related to a proprietary process the disclosure of
      which would compromise his competitive position.
        2. The commissioner shall not release any  data  which  discloses  any
      trade  secret  or proprietary process unless he shall notify, in writing
      and by certified mail, the submitter of such information of  the  intent
      to  release  the data. The commissioner may not release the information,
      without the submitter's consent,  until  the  thirtieth  day  after  the
      submitter  has  been furnished such notice. Any subsequent release shall
      be pursuant to applicable provisions relating to trade  secrets  or  the
      Freedom of Information Act.
        3.  In the event that a substance as to which information is sought is
      registered as a component of a trade secret or otherwise protected as  a
      proprietary process, the employer, pursuant to procedures established by
      the commissioner, shall inform employees or their representatives, as to
      the  toxic  effects  and the circumstances under which these effects are
      produced for  those  toxic  substances  whose  identity  has  been  duly
      registered  with  the commissioner as a component of a trade secret or a
      proprietary process but shall not be required to  divulge  the  specific
      identity of the substance.
        4. No officer, employee or agent of any state or municipal department,
      agency,  commission  or authority shall disclose to anyone in any manner
      any record or portions thereof protected pursuant to  this  article  and
      which  are within his custody or knowledge for so long as such record or
      portions thereof shall be so exempted or until a final  judicial  denial
      of  such exemption is rendered. Any person who violates any provision of
      this subdivision may be fined, imprisoned,  suspended  or  removed  from
      office or employment in the manner provided by law.