2006 New York Code - 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.

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