§ 106-579.11. Submission of formula.
§ 106‑579.11. Submission of formula.
When application for a license or permit to sell antifreeze in thisState is made to the Commissioner, he may require the applicant to furnish astatement of the formula or contents of such antifreeze, which said statementshall conform to rules and regulations established by the Commissioner;provided, however, that the statement of formula or contents may state thecontent of inhibitor ingredients in generic terms if such inhibitor ingredientstotal less than five percent (5%) by weight of the antifreeze and if in lieuthereof the manufacturer, packer, seller or distributor furnishes theCommissioner with satisfactory evidence, other than by disclosure of the actualchemical names and percentages of the inhibitor ingredients, that the saidantifreeze is in conformity with this Article and any rules and regulationspromulgated and adopted by the Board. All statements of content, formulas ortrade secrets furnished under this section shall be privileged and confidentialand shall not be made public or open to the inspection of any person, firm,association or corporation other than the Commissioner. All such statements ofcontents shall not be subject to subpoena nor shall the same be exhibited ordisclosed before any administrative or judicial tribunal by virtue of any orderor subpoena of such tribunal unless with the consent of the applicantfurnishing such statements to the Commissioner; provided, however, that inemergency situations information may be revealed to physicians or to otherqualified persons for use in preparation of antidotes. The disclosure of anysuch information, except as provided in this section, shall be a Class 2misdemeanor. (1949, c. 1165;1975, c. 719, s. 11; 1993, c. 539, s. 806; 1994, Ex. Sess., c. 24, s. 14(c).)