§ 4.1-34-05 — Protection of trade secrets

1. In submitting data required by this chapter, the applicant may:
a. Clearly mark any portions that the applicant requests the commissioner to
determine to be trade secrets or commercial or financial information; and
b. Submit the marked material separately from other material.
2. After consideration of the applicant's request submitted under subsection 1, the
commissioner may not make any information public which in the commissioner's
judgment contains or relates to trade secrets or to commercial or financial information
obtained from an applicant. When necessary, information relating to formulas of
products may be revealed to any state or federal agency consulted with similar
protection of trade secret authority and may be revealed at a public hearing or in
findings of facts issued by the commissioner.
3. If the commissioner proposes to release information that the applicant or registrant
believes to be protected from disclosure under this section, the commissioner shall
notify the applicant or registrant by certified mail. The commissioner may not make the
information available for inspection until thirty days after receipt of the notice by the
applicant or registrant. During this period, the applicant or registrant may institute an
action in an appropriate court for a declaratory judgment as to whether the information
is subject to protection under this section.