Iowa Trade Secrets: What you need to know

Governing Law and Regulations

Hazardous chemicals right to know:

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Definition: Iowa Administrative Code (IAC) 875-110.2 (88,89B)

Trade secrets: IAC 875-110.6 (88,89B)

Inspections: IAC 875-3.8(88), IAC 875-8.4(88) and IAC 875-8.5(88)

Regulatory Agencies

Iowa Department of Natural Resources (DNR) Environmental Services Division (ESD)

Iowa Workforce Development (IWD) Division of Labor Services

U.S. Environmental Protection Agency Region 7

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Iowa follows federal rules for the protection of trade secrets, with additional state requirements related to hazardous chemical notification and agency inspections. Iowa has additional trade secret requirements under its community right-to-know regulations. See the state section COMMUNITY RIGHT-TO-KNOW for an overview of the state's right-to-know requirements.

As with federal law, Iowa allows certain information to be considered confidential business records when being submitted to DNR, IWD, or any other state agency as a condition of a permit or regulation. Contact the specific state department to which a submission is to be made in order to determine its current procedures for maintaining confidentiality.

Iowa, like the federal government, can require companies to disclose confidential information on submissions to DNR. Most monitoring data and information needed by emergency workers (e.g., firefighters or hazmat teams) regarding chemical inventories will not be entitled to trade secret protection. In addition, claims of confidentiality for the name and address of any permit applicant or permittee will be denied.

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State Requirements

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Iowa Trade Secrets Resources

Trade Secrets Products

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