Trade Secret Applications
Dell Tech provides professional product support to meet marketplace regulations.
To withhold the chemical name, CAS#, or concentration of a hazardous ingredient on a Canadian SDS requires pre-market approval and registration with Health Canada.
The Canadian Workplace Hazardous Materials Information System (WHMIS) requires that chemical manufacturers and suppliers provide workers with information called the “right to know” on the hazards of materials produced and/or used within an industrial setting. This information on the proper use, storage, and handling can be found on both product labels and Safety Data Sheets (SDSs).
The Hazardous Products Regulations (HPR) dictates what information must be available on a SDS within each prescribed section. The SDS is required by law to disclose all hazardous ingredients within a product formulation, its weight percentage, the applicable CAS number, the toxicological properties such as Threshold Limit Values (TLVs), and any and all precautions that the worker must abide by when handling the product.
If a supplier/manufacturer wishes to withhold the chemical identity, CAS number, weight, and/or percentage of any hazardous ingredients on the SDS as Confidential Business Information (CBI) a HMIRA Claim For Exemption Registration must be filed and approved by Health Canada. Under a HMIRA Registration, chemical names may be replaced with a Generic Chemical Identity (GCI) and registrants may mask functional groups, location, and number of substitutions. However, broad and vague terms such as “proprietary”, “trade secret”, or “surfactant” are not acceptable.
A HMIRA Registry Number is issued by Health Canada and, once granted, it must appear on the SDS in order to be sold to the Canadian industrial market. The HMIRA registration must be renewed every three years and a new HMIRA Registry number will be issued.
Health Canada requires a full, complete registration package in order to review your claim for exemption. A full submission includes, but is not limited to, the product formula, SDSs associated with your claim, measures taken to protect information, the claim for exemption form, and payment authorization.
The fee structure varies depending on whether the submission is an original claim or a refilled claim. When more than 15 claims are filed at the same time, the fees can be reduced. The HMIRA also offers small business fees for smaller companies wishing to claim.
HOW DELL TECH CAN HELP:
- Develop Generic Chemical Identity (GCI) for the ingredient
- Prepare and submit a complete registration package to HMIRA on your behalf
- Provide guidance on the payment authorization and fee structure
- Prepare the SDS for the product submission