§ 4805. Trade secrets.
1.When a manufacturer, producer, formulator or\nemployer considers the identity of or other information concerning a\ntoxic chemical substance to be a protectable trade secret whose\ndisclosure would compromise his competitive advantage, he may register\nthis information as secret with the commissioner provided that such\ninformation is already registered as a trade secret pursuant to any\nprovision of federal law or such information is not registered as a\ntrade secret but is related to a proprietary process the disclosure of\nwhich would compromise his competitive position.\n 2. The commissioner shall not release any data which discloses any\ntrade secret or proprietary process unless he shall notify, in writing\nand by certified mail, the submitter of such inf
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§ 4805. Trade secrets. 1. When a manufacturer, producer, formulator or\nemployer considers the identity of or other information concerning a\ntoxic chemical substance to be a protectable trade secret whose\ndisclosure would compromise his competitive advantage, he may register\nthis information as secret with the commissioner provided that such\ninformation is already registered as a trade secret pursuant to any\nprovision of federal law or such information is not registered as a\ntrade secret but is related to a proprietary process the disclosure of\nwhich would compromise his competitive position.\n 2. The commissioner shall not release any data which discloses any\ntrade secret or proprietary process unless he shall notify, in writing\nand by certified mail, the submitter of such information of the intent\nto release the data. The commissioner may not release the information,\nwithout the submitter's consent, until the thirtieth day after the\nsubmitter has been furnished such notice. Any subsequent release shall\nbe pursuant to applicable provisions relating to trade secrets or the\nFreedom of Information Act.\n 3. In the event that a substance as to which information is sought is\nregistered as a component of a trade secret or otherwise protected as a\nproprietary process, the employer, pursuant to procedures established by\nthe commissioner, shall inform employees or their representatives, as to\nthe toxic effects and the circumstances under which these effects are\nproduced for those toxic substances whose identity has been duly\nregistered with the commissioner as a component of a trade secret or a\nproprietary process but shall not be required to divulge the specific\nidentity of the substance.\n 4. No officer, employee or agent of any state or municipal department,\nagency, commission or authority shall disclose to anyone in any manner\nany record or portions thereof protected pursuant to this article and\nwhich are within his custody or knowledge for so long as such record or\nportions thereof shall be so exempted or until a final judicial denial\nof such exemption is rendered. Any person who violates any provision of\nthis subdivision may be fined, imprisoned, suspended or removed from\noffice or employment in the manner provided by law.\n