4.1-34-05. Protection of trade secrets

4.1-34-05. Protection of trade secrets

1. In submitting data required by this chapter, the applicant may:

a. Clearly mark any portions that the applicant requests the commissioner to

determine to be trade secrets or commercial or financial information; and

b. Submit the marked material separately from other material.

2. After consideration of the applicant's request submitted under subsection 1, the

commissioner may not make any information public which in the commissioner's

judgment contains or relates to trade secrets or to commercial or financial information

obtained from an applicant. When necessary, information relating to formulas of

products may be revealed to any state or federal agency consulted with similar

protection of trade secret authority and may be revealed at a public hearing or in

findings of facts issued by the commissioner.

3. If the commissioner proposes to release information that the applicant or registrant

believes to be protected from disclosure under this section, the commissioner shall

notify the applicant or registrant by certified mail. The commissioner may not make the

information available for inspection until thirty days after receipt of the notice by the

applicant or registrant. During this period, the applicant or registrant may institute an

action in an appropriate court for a declaratory judgment as to whether the information

is subject to protection under this section.