Trade secret (confidential business information)

Companies spend years developing formulas and do not want competitors to copy them. HazCom lets a manufacturer withhold the specific chemical name, or the exact concentration, of an ingredient from the SDS when disclosure would reveal a trade secret.

The allowance is limited. The supplier must be able to show that the information is a true secret, that the properties and effects of the chemical are still disclosed, and that the SDS states plainly that the specific identity is being withheld. Hazard information, such as the classification, health effects, and first-aid advice, cannot be withheld.

In a medical emergency, the supplier must disclose the withheld identity to the treating physician or nurse immediately, even before a confidentiality agreement is signed, though one may be required afterwards. In non-emergency cases, a health professional can request the information for specific purposes such as diagnosis, exposure assessment, or workplace monitoring, under a written statement of need and a confidentiality agreement.

Workers and employers see this on a sheet when a Mixture ingredient shows as a generic description or a concentration range rather than a precise figure. It does not mean the product is unregulated.

Other programs, such as REACH or TSCA, have their own confidentiality rules.