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New Jersey Trade Secrets: What you need to know

Governing Law and Regulations

New Jersey Trade Secrets Act, New Jersey Statutes Annotated (NJSA) 56:15-1 to 56:15-9

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Right to know (RTK) trade secrets: New Jersey Worker and Community Right-to-Know Act NJSA 34:5A-1 et seq., and regulations at New Jersey Administrative Code (NJAC) 7:1G-6 (private employers) and NJAC 8:59-3 (public employers)

Definition: NJAC 7:1G-1.2

Trade secret claim: NJAC 7:1G-6.4

Prohibited claims: NJAC 7:1G-6.5

Pollution prevention plans: NJAC 7:1K-8.1 to 8.4 and NJAC 7:1K-9.1 to 7:1K-9.11

Solid waste facilities: NJAC 7:26-17.1 to 7:26-17.26

Toxic Catastrophe Prevention Act (TCPA): NJAC 7:31-10.1 to 7:31-10.11, NJAC 7:31-1.11A and NJAC 7:31-11.1

Pollutant Discharge Elimination System: NJAC 7:14A-18.1 to 7:14A-18.13

Regulatory Agencies

New Jersey Department of Environmental Protection (DEP)

New Jersey Department of Health and Senior Services (DHSS)

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. New Jersey follows the federal model regarding trade secret protection of confidential information submitted to state agencies, with additional fees imposed for the protection of some information relating to hazardous waste.

Generally, a claim for confidentiality must be made at the time of the submission of the information. Before submitting the information, contact the New Jersey Department of Environmental Protection (DEP) or the New Jersey Department of Health and Senior Services (DHSS) division that will have access to the confidential information to determine the exact procedure.

The attorney-client privilege can be waived as a confidential communication if the client testifies on direct ...


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State Requirements

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New Jersey Trade Secrets Resources

Trade Secrets Products

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This special report contains a recordkeeping checklist to help you keep track of your records for major environmental laws and OSHA’s Hazard Communication Standard.

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