N.Y. Public Health Law § 4805: Trade secrets

§ 4805. Trade secrets. 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.