Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 670.000 - "Right To Know"
Section 670.020 - Trade Secrets

Universal Citation: 105 MA Code of Regs 105.670

Current through Register 1518, March 29, 2024

(A) Introduction. 105 CMR 670.020 governs the manner in which the Commissioner shall determine whether the chemical name, common name, and/or CAS number of a toxic or hazardous substance is a trade secret of the manufacturer or employer who prepares an MSDS for the substance. If the determination is made that the chemical name, common name and/or CAS number of the substance is a trade secret of the preparer of the MSDS, then:

(1) the preparer of the MSDS may omit the chemical name, common name, and/or CAS number from the MSDS; and

(2) the preparer of the MSDS and any employer who obtains the substance from the preparer of the MSDS may omit the chemical name, common name, and/or CAS number from the labels on containers of the substance.

As used in 105 CMR 670.020, the term "preparer" means the manufacturer or employer who prepares an MSDS and applies for a determination that the chemical name, common name and/or CAS number of the toxic or hazardous substance is a trade secret of the preparer.

As used in 105 CMR 670.020, the term "identity of the substance" means the chemical name, common name and/or CAS number of the substance.

(B) Determination. The Commissioner shall determine that the identity of a toxic or hazardous substance is a trade secret of the preparer if he or she finds, pursuant to 105 CMR 670.020(D), that:

(1) the preparer has provided all of the information required in 105 CMR 670.020(C); and

(2) the identity of the substance is a secret which gives the preparer a competitive advantage over competitors who do not know the identity of the substance and the purpose for which the preparer uses the substance and do not use the substance themselves for that purpose.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.