Statutes, codes, and regulations
Colorado Administrative Code
Department 1000 - Department of AgricultureDivision 1007 - Plant Industry DivisionRule 6 CCR 1007-3 - RULES AND REGULATIONS PERTAINING TO THE ADMINISTRATION AND ENFORCEMENT OF THE PESTICIDE APPLICATORS' ACTPart 2 - HAZARDOUS WASTE - PUBLIC INFORMATION
Subpart B - Trade Secrets, Including Confidential Business Information
Section 6 CCR 1007-3-2.201 - Substantive Criteria for Use in Trade Secret Determinations

6 Colo. Code Regs. § 1007-3-2.201

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Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-3-2.201 - Substantive Criteria for Use in Trade Secret Determinations

"Trade Secrets" means the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, improvement, confidential business or financial information, listing of names, addresses, or telephone numbers, or other information relating to any business or profession which is secret and of value. The Division shall hold that information is entitled to protection as a trade secret if:

(1) The business has asserted a business confidentiality claim which has not expired by its terms, nor been waived nor withdrawn;
(2) The business has satisfactorily shown that it has taken reasonable measures to protect the confidentiality of the information, and that it intends to continue to take such measures;
(3) The information is not, and has not been, reasonably obtainable without the business's consent by other persons (other than governmental bodies) by use of legitimate means (other than discovery based on a showing of special need in a judicial or quasi-judicial proceeding);
(4) No statute specifically requires disclosure of the information; and
(5) Either:
(i) The business has satisfactorily shown that disclosure of the information is likely to cause substantial harm to the business's competitive position; or
(ii) The information is voluntarily submitted information and its disclosure would be likely to impair the Government's ability to obtain necessary information in the future.

6 CCR 1007-3-2.201

37 CR 24, December 25, 2014, effective 3/2/2015
38 CR 11, June 10, 2015, effective 6/30/2015
39 CR 05, March 10, 2016, effective 3/30/2016
39 CR 11, June 10, 2016, effective 6/30/2016
40 CR 06, March 25, 2017, effective 4/14/2017
40 CR 11, June 10, 2017, effective 6/30/2017
40 CR 21, November 10, 2017, effective 11/30/2017
41 CR 06, March 25, 2018, effective 4/14/2018
41 CR 11, June 10, 2018, effective 6/30/2018
41 CR 24, December 25, 2018, effective 1/14/2019
42 CR 06, March 25, 2019, effective 4/14/2019
42 CR 06, March 25, 2019, effective 5/30/2019
42 CR 11, June 10, 2019, effective 6/30/2019
43 CR 12, June 25, 2020, effective 7/15/2020
44 CR 06, March 25, 2021, effective 4/14/2021
44 CR 11, June 10, 2021, effective 6/30/2021
44 CR 24, December 25, 2021, effective 1/14/2022
45 CR 11, June 10, 2022, effective 6/30/2022
45 CR 17, September 10, 2022, effective 9/10/2022
45 CR 17, September 10, 2022, effective 9/30/2022
45 CR 23, December 10, 2022, effective 1/30/2023