Trade Secrets: What you need to know

Governing Law and Regulations

The Privacy Act of 1974, 5 USC 552a and regulations at 40 CFR 16.1 to 16.12

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Freedom of Information Act (FOIA): 5 USC 552 and regulations at 40 CFR 2.100 to 2.311 and 40 CFR 1601.26

Confidentiality claims in general: 40 CFR 2.203 and 40 CFR 2.208

Failure to assert a claim: 40 CFR 2.203(c)

Retroactive claims: 40 CFR 2.203(c)

Supporting information: 40 CFR 2.205

Local agency access: 40 CFR 2.301(h)(3)

Emergency Planning and Community Right-to-Know Act (EPCRA), 42 USC 11042 to 11045

Trade secret claims: 40 CFR 350.1 to 350.40

Definitions: 40 CFR 350.1

Trade secret claim form: 40 CFR 350.5

Substantiation: 40 CFR 350.7

Healthcare professionals: 40 CFR 350.40

Penalties: 42 USC 11045

Toxic Substances Control Act (TSCA):

TSCA reporting: 15 USC 2613

Chemical data reporting (CDR) rule: 40 CFR 711.1 to 711.35

Other laws protecting trade secrets:

Clean Air Act (CAA), 40 CFR 68.150 to 68.155

Resource Conservation and Recovery Act (RCRA), 40 CFR 260.2

Clean Water Act (CWA), 40 CFR 122.7 and 40 CFR 403.14

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 USC 136h

Occupational Safety and Health Act (OSHA), 29 CFR 1910.1200, 29 CFR 1910.1020, and 29 CFR 1926.33

Regulatory Agencies

U.S. Environmental Protection Agency (EPA)

U.S. Department of Labor (DOL) Occupational Safety and Health Administration

See ADDRESSES & CONTACTS for addresses and telephone numbers.

Overview of Trade Secrets

This topic provides an overview of the Freedom of Information Act (FOIA) and several federal laws that protect trade secrets and confidential business information (CBI) submitted to government agencies. For related resources, refer to the following topics:

  • Community Right to Know
  • Toxic Substances Control Act
  • Risk Management Program
  • NPDES ...

>> Read more about Trade Secrets

State Requirements

Alabama | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | Florida | Georgia | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | New Hampshire | New Jersey | New York | North Carolina | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | Tennessee | Texas | Utah | Virginia | Washington | West Virginia | Wisconsin |

Trade Secrets Resources

Trade Secrets Products

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