OAR 837-085-0150
Trade Secrets — Claim Submissions

(1) To substantiate a trade secret claim, a covered employer, owner or operator must submit both of the following:
(a) Hazardous Substance Report with the generic name included and the information being claimed as Trade Secret deleted. NOTE: Only the identity and percentage of the chemical components can be claimed as trade secrets; and
(b) A Safety Data Sheet (SDS) (as released to the public) for each chemical or formulation for which the covered employer, owner, or operator is claiming trade secret protection.
(2) A covered employer, owner, or operator must submit a justification to support their trade secret claims. In order to substantiate a claim, the following must be provided for each chemical or formulation for which trade secret protection is being requested:
(a) The specific measures the covered employer, owner, or operator has taken to safeguard the confidentiality of any chemical identity claimed as trade secret;
(b) Whether the chemical identity has been disclosed to any person not an employee of the covered employer, owner, or operator or of a local, state, or federal government entity, who has not signed a confidentiality agreement requiring the person to refrain from disclosing the chemical identity to others;
(c) A list of all local, state and federal government entities to which the covered employer has disclosed the specific chemical identity. For each, indicate whether or not a confidentiality claim was asserted for the chemical identity, and whether or not the government entity denied that claim;
(d) The measures that have been taken with respect to distribution of the product to maintain trade secrets;
(e) Whether discovery of trade secret information is feasible by sophisticated chemical analysis (“reverse engineering”). The covered employer, owner or operator must provide evidence to support their answer;
(f) An explanation of why the covered employer, owner or operator’s use of the substance would be valuable information to their competitors;
(g) An analysis of the nature of the harm to the covered employer, owner or operator’s competitive position that would likely result from disclosure of the specific chemical identity, including an estimate of the potential loss in sales and profitability; and
(h) Whether the substance, or the covered employer, owner or operator’s use of it, is subject to any U.S. patent. If so, identify the patent and explain why this does not protect the covered employer, owner, or operator from competitive harm.

Source: Rule 837-085-0150 — Trade Secrets — Claim Submissions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=837-085-0150.

837‑085‑0010
Authority and Application 837‑085‑0020
Purpose and Scope 837‑085‑0030
Covered Employers, Owners, Operators and the North American Industry Classification System (NAICS) 837‑085‑0040
Definitions 837‑085‑0050
Hazardous Substance Information Survey — General 837‑085‑0055
Hazardous Substance Report--General 837‑085‑0060
Hazardous Substance Report — Substance Determinations 837‑085‑0070
Hazardous Substance Report — Reportable Quantities 837‑085‑0080
Hazardous Substance Report— Required Survey Information 837‑085‑0090
Hazardous Substance Information — Reporting Requirements 837‑085‑0100
Hazardous Substance Report — Substantive Changes 837‑085‑0110
Record Keeping Requirements 837‑085‑0120
Application for an Exemption 837‑085‑0130
Administrative Action on Exemption Application 837‑085‑0140
Trade Secrets — General 837‑085‑0150
Trade Secrets — Claim Submissions 837‑085‑0160
Trade Secrets — Determinations and Response 837‑085‑0170
Trade Secrets — Disclosures 837‑085‑0180
Trade Secrets — Refusal to Disclose 837‑085‑0190
Hazardous Substance Report— Availability of Information 837‑085‑0200
Compliance Audit Program — General 837‑085‑0210
Scheduling and Selection of Compliance Audits 837‑085‑0220
Right of Entry 837‑085‑0230
Compliance Audit Warrants 837‑085‑0240
Compliance Audit Activities 837‑085‑0250
Notice of Noncompliance and Proposed/Final Penalty Assessment Order 837‑085‑0260
Employer, Owner, or Operator Response to Notices of Noncompliance 837‑085‑0270
Penalty Criteria for Noncompliance — General 837‑085‑0280
Noncompliance Classes 837‑085‑0290
Penalties for Class I, II and III Noncompliance 837‑085‑0300
Penalties for Class IV Noncompliance 837‑085‑0305
Penalties for Class V Noncompliance 837‑085‑0310
Penalty Suspensions 837‑085‑0320
Payment of Penalties 837‑085‑0330
Contested Case Process — General 837‑085‑0340
Requesting a Hearing 837‑085‑0350
Alternative Dispute Resolutions 837‑085‑0360
Formal Hearing 837‑085‑0370
Manifest Injustice 837‑085‑0380
Incident Reporting System 837‑085‑0390
Annual Summaries
Last Updated

Jun. 8, 2021

Rule 837-085-0150’s source at or​.us