14.8.411    TRADE SECRETS, CONFIDENTIAL, OR PROPRIETARY INFORMATION

(1) Information submitted under 90-4-305(2), MCA, is subject to 90-4-305(6), MCA.

(2) For information not listed in 90-4-305(2), MCA, that is required to be submitted under this subchapter, if a distributor, as defined in 90-4-302, MCA, believes it to be confidential, trade secrets, or of a proprietary nature, and wishes:

(a) not to submit it to the department, the distributor shall inform the department and describe the nature of the information. Unless the department obtains a court order requiring disclosure, the distributor is not required to submit the information to the department;

(b) to submit the information to the department and have it protected it as confidential information, the distributor shall provide an affidavit to the department that establishes, to the department's satisfaction, that the information is confidential. On determining that the information is confidential, the department shall hold the information as confidential and, upon receiving a request for disclosure, may not disclose it unless it first informs the submitter and provides a reasonable period for the submitter to obtain a court order designating the information confidential.

(3) Unless a court orders otherwise, the department shall withhold from public scrutiny information submitted to it under this subchapter if the submitter provides an affidavit that establishes, to the department's satisfaction, that release of the information jeopardizes the safety of an individual or the public.

History: 90-4-316, MCA; IMP, 2-6-1002(1), MCA; NEW, 2020 MAR p. 1322, Eff. 7/25/20.