New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter XIV - Vapor Products
Part 1006 - Ingredient Disclosures for Vapor Products and E-Cigarettes
Section 1006.3 - Proprietary Information
Current through Register Vol. 46, No. 12, March 20, 2024
(a) For purposes of this Part only, proprietary information may consist of any information subject to disclosure pursuant to this Part the disclosure of which would compromise a manufacturer's competitive position. Any proprietary information submitted or divulged to the Department of Health pursuant to this Part shall not be available for, or subject to, public disclosure. Proprietary information shall include, but is not limited to, any:
(b) A manufacturer submitting information to the Department pursuant to this Part may designate part or all of the information in such records as exempt from disclosure. The Manufacturer may make this designation either at the time the records are submitted to the Department or within a reasonable time thereafter. Such designation must be in writing and must set forth the reasons why the information should be excepted from disclosure as proprietary information, including, as appropriate:
(c) When information designated as proprietary information has been submitted to the Department, it shall be excepted from disclosure and maintained apart by the Department from all other records until 15 days after the entitlement to such exception has been finally determined by the Commissioner or such further time as ordered by a court of competent jurisdiction.
(d) A denial of an exception from disclosure requested pursuant to this section shall be final.
(e) The Commissioner shall not approve any exceptions under this section with respect to any ingredient that is a chemical of concern on one or more lists identified by the Commissioner.