(a) To protect confidential business information, this chapter shall not be construed to require a manufacturer to disclose the weight or amount of an intentionally added ingredient, including a fragrance ingredient, or nonfunctional constituent or to disclose how a product is manufactured, and shall not be construed to require intentionally added ingredients or nonfunctional constituents present in a designated product at a concentration below one percent to be listed in any particular order.
(b) (1) A manufacturer may protect and is not required to disclose any intentionally added ingredient, including any fragrance ingredient, or combination of intentionally added ingredients that meet the definition of confidential business information as specified in subdivision (e) of Section 108952.
(2) (A) A manufacturer that protects an intentionally added ingredient, including a fragrance ingredient, or combination of intentionally added ingredients as confidential business information by declining to disclose the specific name of the chemical or chemicals being protected shall use the generic name for the intentionally added ingredient or combination of intentionally added ingredients as provided in the federal Toxic Substances Control Act (TSCA) Confidential Inventory.
(B) If the intentionally added ingredient or combination of intentionally added ingredients is not included in the TSCA Confidential Inventory, but the manufacturer claims protection for those ingredients or combination of ingredients as confidential business information under the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code), the manufacturer shall use a name for the intentionally added ingredient or combination of intentionally added ingredients that is only as generic as necessary to protect the confidential identity of the intentionally added ingredient or combination of intentionally added ingredients. In developing the generic name, the manufacturer shall use the generic name framework provided by the federal Environmental Protection Agency guidance for the TSCA Confidential Inventory, the European Chemicals Agency guidance for alternative chemical names, the New Jersey Trade Secret Registry Number system, or the Canadian Hazardous Materials Information Review Act Registry Number system, if applicable.
(c) A manufacturer that protects an intentionally added ingredient, including a fragrance ingredient, or combination of intentionally added ingredients pursuant to the Uniform Trade Secrets Act (Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code) shall maintain justification for protecting confidential business information consistent with the requirements of the act and provide that justification on request for audit by the Attorney General.
(d) A supplier to a manufacturer that protects an intentionally added ingredient, including a fragrance ingredient, or combination of intentionally added ingredients as confidential business information shall follow the guidelines specified in subdivisions (b) and (c) and the manufacturer shall use the generic name provided by the supplier.
(Amended by Stats. 2018, Ch. 28, Sec. 2. (AB 2901) Effective January 1, 2019.)
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