Trade Secret claims for an ingredient used in a registration is treated as Confidential Business Information. Trade secret claims for ingredients have been approved by the Federal Environmental Protection Agency for inclusion on the Toxic Substances Control Act (TSCA) Confidential Inventory, or for which the manufacturer or its supplier claim protection under the Uniform Trade Secrets Act, Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code as required by Section 108955. Confidential Business Information, for the California Cleaning right-to-Know legislation, may not include any of the following:
- An intentionally added ingredient or combination of ingredients that is on a designated list as defined in subdivision (g) of the regulation; or
- A nonfunctional constituent as outlined in the legislation and in our Support Articles; or
- A fragrance allergen included on Annex III of the EU Cosmetics Regulation No. 1223/2009 as required to be labeled by the EU Detergents Regulation No. 648/2004, or subsequent updates to those regulation, when present in the product at a concentration at, or above, 0.01% (100ppm).
During the registration of a Cleaning Product in WERCSmart, should you elect to generate a compliant Ingredient Disclosure Report, when claiming a Trade Secret for an ingredient, you will be required to provide a name for the Trade Secret ingredient that is only as generic as necessary to protect the confidential identity of the ingredient(s). You shall use the generic name framework provided by the EPA guidance for the TSCA Confidential Inventory, the European Chemicals Agency guidance for alternative chemical names, the New Jersey Trade Secret Registry Number system (TSRN) or the Canadian Hazardous Materials Information Review Act Registry number system, if applicable.
For further information on the regulation relating to California Cleaning Product Right-to-Know, the legislation is available here.
Hyperlink to California legislation: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB258
Hyperlink for EPA TSCA: https://www.epa.gov/tsca-inventory/guidance-creating-generic-names-confidential-chemical-substance-identity-reporting
Hyperlink for European Chemicals: https://echa.europa.eu/alternative-chemical-name-in-mixtures
Hyperlink for New Jersey: https://www.nj.gov/dca/divisions/dfs/pdf/ffh1060x_app0iv.pdf
Hyperlink for Canada: https://www.canada.ca/en/health-canada/services/environmental-workplace-health/occupational-health-safety/workplace-hazardous-materials-information-system/claims-exemption-under-hmira.html