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Minnesota Legislature

Office of the Revisor of Statutes

18B.38 PROTECTION OF TRADE SECRETS.
    Subdivision 1. Requirements. In submitting data required by this chapter, the applicant may:
(1) clearly mark any portions that in the applicant's opinion are trade secrets, commercial, or
financial information; and
(2) submit the marked material separately from other material.
    Subd. 2. Information revealed. After consideration of the applicant's request submitted
under subdivision 1, the commissioner shall not make any information public that 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.
    Subd. 3. Notification. If the commissioner proposes to release information that the applicant
or registrant believes to be protected from disclosure under subdivision 2, the commissioner
shall notify the applicant or registrant by certified mail. The commissioner shall not make the
information available for inspection until 30 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.
History: 1987 c 358 s 80