• To assert a confidentiality claim the submitter must clearly mark the information it considers a trade secret or confidential on the unsanitized version of the substantiation form.

The Federal Trade Secrets Act requires the federal government to protect trade secrets and confidential information unless another federal statute requires disclosure (18 United States Code (U.S.C.) 1905). Submitters may claim any information included on the substantiation form as confidential.

To assert a confidentiality claim the submitter must clearly mark the information it considers a trade secret or confidential on the unsanitized version of the substantiation form. The submitter must then delete the trade secret and confidential information on the sanitized version of the substantiation form.

The claims of trade secrecy and confidentiality for information submitted on the substantiation are not subject to the petition process, because this process applies only to claims of trade secrecy for the chemical identity. Requests for disclosure of trade secret or confidential material on the substantiation form must be submitted pursuant to Freedom of Information Act regulations.