1. (A) Introduction. 105 CMR 670.020 governs the manner in which the Commissioner shall determine whether the chemical name, common name, and/or CAS number of a toxic or hazardous substance is a trade secret of the manufacturer or employer who prepares an MSDS for the substance. If the determination is made that the chemical name, common name and/or CAS number of the substance is a trade secret of the preparer of the MSDS, then:

   1. (1) the preparer of the MSDS may omit the chemical name, common name, and/or CAS number from the MSDS; and
   2. (2) the preparer of the MSDS and any employer who obtains the substance from the preparer of the MSDS may omit the chemical name, common name, and/or CAS number from the labels on containers of the substance.

As used in 105 CMR 670.020, the term "preparer" means the manufacturer or employer who prepares an MSDS and applies for a determination that the chemical name, common name and/or CAS number of the toxic or hazardous substance is a trade secret of the preparer. As used in 105 CMR 670.020, the term "identity of the substance" means the chemical name, common name and/or CAS number of the substance.

1. (B) Determination. The Commissioner shall determine that the identity of a toxic or hazardous substance is a trade secret of the preparer if he or she finds, pursuant to 105 CMR 670.020(D), that:

   1. (1) the preparer has provided all of the information required in 105 CMR 670.020(C); and
   2. (2) the identity of the substance is a secret which gives the preparer a competitive advantage over competitors who do not know the identity of the substance and the purpose for which the preparer uses the substance and do not use the substance themselves for that purpose.