I want to know the legal rights of chemical suppliers to hide the
identity of the chemicals that make up certain reagents on MSDS
sheets. Are they allowed to NOT list exact identities of individual
chemicals only if a patent exists? Or, is providing identity OPTIONAL
when no patent (or pending patent) exists, in which case I have the right to know
identities, whether they are made freely available or not.

In the lab I work in, we have been able to duplicate at far reduced
costs, certain buffers, reagents, etc, by using the information
provided on the manufacturers MSDS sheet(s) when those identities are
made known. I respect patent law, etc., but want to know if there is a
way to get around overpaying for what often amounts to sugar water.

smokinsockeye-ga 

Thanks for an interesting question.  I've been involved in
environmental and chemical safety issues for many years, so I'm more
than happy to be able to answer this for you.

Let me begin with a few clarifying points about Material Safety Data Sheets:

--Chemical manufacturers and importers must make available an MSDS
that details all the *hazardous* chemicals in a given product. 
Benzene would -- by law -- be included on an MSDS, but there is no
obligation to include non-hazardous chemicals such as sugar.  You can
not rely on an MSDS for a full accounting of the chemical composition
of a product -- only hazardous chemicals are required to be listed.

--An MSDS has nothing to do with patents.  Whether a product is or
isn't covered by a patent has no bearing on the content of an MSDS.

--However, manufacturers have broad latitude to keep the identity of a
chemical secret if they regard it as "trade secret" information. 
Instead of naming the actual chemical, they can indicate a broad
category for the chemical (e.g "aromatic solvent"), and detail its
hazardous properties.

The actual trade secret regulations pertaining to an MSDS can be found
on the OSHA "Hazardous Communication" website, here:

==========

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=13349


(i) "Trade secrets." (1) The chemical manufacturer, importer, or
employer may withhold the specific chemical identity, including the
chemical name and other specific identification of a hazardous
chemical, from the material safety data sheet, provided that:

(i) The claim that the information withheld is a trade secret can be supported;

(ii) Information contained in the material safety data sheet
concerning the properties and effects of the hazardous chemical is
disclosed;

(iii) The material safety data sheet indicates that the specific
chemical identity is being withheld as a trade secret; and, (iv) The
specific chemical identity is made available to health professionals,
employees, and designated representatives in accordance with the
applicable provisions of this paragraph.

==========

In general, medical or public health professionals can compel a
company to reveal the identity of a trade secret chemical, if
conditions warrant it (e.g. someone has accidently drunk a chemical
product, and needs to be treated).

But for the most part, the identity of a hazardous chemical can
legally be kept secret under a wide variety of circumstances.  And as
I said earlier, non-hazardous chemicals are exempt from MSDS reporting
all together.

So -- while I wish you success in your "reverse engineering" efforts
-- I'm afraid you may often find that you can only make limited use of
the information supplied on the MSDS's.  Chemical suppliers are not
required to list all their ingredients, as convenient as this might
otherwise be.

Before rating this answer, please let me know if you have any
questions, or need any additional information.  Just post a Request
for Clarification, and I'll be happy to assist you further.

pafalafa-ga



search strategy:  Google search on: [ msds "trade secret" fr ]

Just a quick comment on patents:

When a patent is issued, the information contained within becomes open
to the public. Every detail of the patent is described in detail in
the patent's claims. In exchange for full disclosure, the patent
holder/assignee is granted the equivalent of a 20 year monopoly on the
patented technology, preventing anyone else from legally making an
income from what is patented. A patent application in progress (patent
pending status) does not need to be disclosed, and often the
information is kept 'secret' until the patent actually issues.

So, if you are reproducing a chemical that is patented, all of the
information for the chemical should be detailed in the patent. If you
are deriving an income from your reproduced patented chemicals, it's
possible that you are infringing upon the patent(s) of those
chemicals. For the technicalities on this, I would consult with a
patent attorney.

If you would like to search the patent database, you can do it here:
http://www.uspto.gov/patft/index.html

Thanks for the stars!   Hope we'll see you back here one of these days, soon.

paf