Title: Section 50-1.8 - Trade secrets

50-1.8 Trade secrets.

Trade secrets regulated under article 48, Toxic Substances, of the Public Health Law are registered under, and subject to, Part 72 of this Title. Documents which contain trade secrets or are maintained for the regulation of commercial enterprise which, if disclosed, would cause substantial injury to the competitive position of an enterprise may be withheld from public disclosure.

(a) Requests of exceptions from disclosure shall:

(1) be in writing to the records access officer;

(2) be submitted at the time the trade secret information is submitted;

(3) include the name, address and telephone number of the manufacturer, producer, formulator, employer or person desiring to register a trade secret;

(4) include the name and title of an individual who may be contacted concerning the request;

(5) include the name or other identification of the trade secret; and

(6) state reasons why the information should be excepted from disclosure.

(b) Information submitted as a trade secret is excepted from disclosure until 15 days after a determination regarding entitlement status has been finally determined or, when entitlement to an exception from disclosure has been granted, until such entitlement has expired, or until such further time as ordered by a court of competent jurisdiction.

(c) Documents pending or granted trade secret status will be assigned a control number by the records access officer.

(d) Department units responsible for collecting trade secret information are responsible for determining trade secret entitlement and safeguarding the information during the review process and until trade secret entitlement no longer exists.

(e) Documents granted trade secret status or pending a trade secret status determination will be filed in envelopes with flaps, or other containers which will effectively maintain the integrity of the documents and which can be marked so as to clearly limit access to the contents. The container is to be marked with the following:

(1) "contains trade secrets";

(2) the trade secret control number;

(3) bureau identification; and

(4) "access to or use of contents only with bureau director authorization."

(f) Trade secrets are to be maintained apart from other documents in a locked file cabinet, locked desk drawer or other place secure from general access. Bureau directors assigned custody are responsible for establishing control of trade secret documents and establishing a system of limited access which identifies persons within the department for whose inspection and study the record will be made available so as to prevent intentional or unintentional disclosure of the information.

(g) On the initiative of the department at any time, or upon the request of any person for a record excepted from disclosure, the department will:

(1) inform the person who requested the exception of the department's intention to determine whether such exception should be granted or continued;

(2) permit the person who requested the exception, within 10 business days of receipt of notification from the department, to submit a written statement of the need for continuation of such exception;

(3) within seven business days of receipt of such written statement, or within seven business days of the expiration of the period prescribed for submission of such statement, issue a written determination granting, continuing or terminating such exception and stating the reasons therefor; copies of such determination shall be served upon the person, if any, requesting the record, the person who requested the exception, and the Committee on Open Government.

(h) A denial of exception from disclosure or a denial of access to excepted information may, within seven business days of receipt of written notice of the denial, be appealed to the records access appeals officer. The appeal determination shall be made within 10 business days of the receipt of the appeal. A written notice of the determination shall be served upon the person, if any, requesting access, the person who requested exception and the Committee on Open Government. The notice shall contain a statement of the reasons for the determination.