Thursday, October 29, 2009

What must be disclosed on an MSDS if the chemical has been accepted as a trade secret?

Section 26 of the Controlled Products Regulations states what must be disclosed on an MSDS when the chemical formula is accepted as “trade secret”.

(1) A supplier who, pursuant to subsection 11(1) of the Hazardous Materials Information Review Act, files a claim for exemption from a requirement to disclose information in respect of a controlled product on a MSDS or on a label shall, in respect of the sale or importation of the controlled product or any controlled product having the same product identifier, disclose on the MSDS and, where applicable, on the label of the controlled product or container in which the controlled product is packaged the date that the claim for exemption was filed and the registry number assigned to the claim under the HMIRA.

(2) The requirements of subsection (1) apply in respect of a supplier who receives notice of a decision that the claim for exemption is valid
(a) if there is no appeal of the decision under subsection 20(1) of the HMIRA for a period not exceeding 30 days after the expiry of the appeal period; and
(b) if there is an appeal of the decision under subsection 20(1) of the HMIRA, for a period not exceeding 30 days after the expiry of all periods for the making of an appeal or an application for judicial review in respect of the decision on appeal.

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