North Dakota Code 4.1-34-05 – Protection of trade secrets
1. In submitting data required by this chapter, the applicant may:
Terms Used In North Dakota Code 4.1-34-05
- Commissioner: means the agriculture commissioner or the designee or authorized representative of the commissioner. See North Dakota Code 4.1-01-01
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
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.