WAC 296-62-05305
Meet certain conditions if you withhold
trade secret information.
Note:
The requirements in WAC 296-62-05305 through 296-62-05325 apply only to agriculture. The requirements for all
other industries relating to trade secrets have been moved to chapter 296-816 WAC, Protecting trade secrets.
You may withhold the specific chemical identity,
including the chemical name and other specific identification
of a toxic substance or hazardous chemical, from a disclosable
record or a material safety data sheet if you meet each of the
following conditions:
You:
• Can support the claim that the information withheld is
a trade secret.
• Disclose all other available information about the
properties and effects of the toxic substance.
• Disclose the information in the material safety data
sheet about the properties and effects of the hazardous
chemical.
• Inform the person requesting the information, or the
material safety data sheet states that the specific chemical
identity is being withheld as a trade secret.
• Make available the specific chemical identity to health
professionals, employees, and their designated representatives
according to the provisions of this rule.
Nothing in this rule hinders an employer from deleting
from records requested by a health professional, employee, or
designated representative any trade secret data which
discloses manufacturing processes, or discloses the percentage
of a chemical substance in a mixture.
You must notify the health professional, employee, or
designated representative requesting records that information
about the trade has been deleted from the records.
If deleting trade secret information from a record
substantially impairs evaluation of the location or the time
when exposure to a toxic substance occurred, you must provide
alternative information that enables the requesting party to
identify where and when the exposure occurred.