Example of a hypothetical successful exempt information application Applicants should note that the figures for business dollar and market share loss provided in this example should not be taken to mean all applications which disclose those exact or similar quantum losses will be successful. Background The notifier submitted an application for an assessment certificate under the Polymer of Low Concern category, which was accompanied by an application for exempt information. The data items requested to be treated as exempt information were the chemical identity details (including the chemical name, CAS number, structural formula and polymer constituents), as well as use details (specifically the concentration of the notified polymer in the final product). Additional material considered in making a recommendation A Google search did not reveal a connection between the name and the chemical identity of the polymer. Findings of fact on the information submitted by the applicant and that determined during the NICNAS assessment process, the following findings of fact are made: The chemical is used as an ingredient of coatings used in the industrial sector only. The applicant advises that the polymer and/or products containing it are not available to the public. The applicant advises that the polymer identity has not been revealed in other jurisdictions where it has undergone new chemicals assessment, including US and Canada. The applicant submits that the identity of the polymer is protected through treating manufacturing instructions as commercial-in-confidence and on a need-to-know The polymer is not identified on the MSDS, technical data sheet or other public documentation (commercial name is recorded). The applicant advises that it would be difficult to reverse engineer the polymer from the commercial product. The applicant advises that revealing the exact concentration would reveal important formulation details to their competitors and has provided a concentration (as a limit value) which can be used in the public report. The applicant has estimated the loss of competitive advantage as $1.5 million if the chemical identity is revealed in the public assessment report on their projected sales and market share. The applicant has described how a competitor use the identity of the polymer to develop their own competing product, and thus reduce the market share of the notifier before they can recover the substantial costs that were invested into the R&D for this polymer (estimated at $500,000) The polymer meets the PLC criteria and so is deemed to be low hazard. There is therefore negligible concern for the environment and human health.
Example of a hypothetical successful exempt information application Applicants should note that the figures for business dollar and market share loss provided in this example should not be taken to mean all applications which disclose those exact or similar quantum losses will be successful. Background The notifier submitted an application for an assessment certificate under the Polymer of Low Concern category, which was accompanied by an application for exempt information. The data items requested to be treated as exempt information were the chemical identity details (including the chemical name, CAS number, structural formula and polymer constituents), as well as use details (specifically the concentration of the notified polymer in the final product). Additional material considered in making a recommendation A Google search did not reveal a connection between the name and the chemical identity of the polymer. Findings of fact on the information submitted by the applicant and that determined during the NICNAS assessment process, the following findings of fact are made: The chemical is used as an ingredient of coatings used in the industrial sector only. The applicant advises that the polymer and/or products containing it are not available to the public. The applicant advises that the polymer identity has not been revealed in other jurisdictions where it has undergone new chemicals assessment, including US and Canada. The applicant submits that the identity of the polymer is protected through treating manufacturing instructions as commercial-in-confidence and on a need-to-know The polymer is not identified on the MSDS, technical data sheet or other public documentation (commercial name is recorded). The applicant advises that it would be difficult to reverse engineer the polymer from the commercial product. The applicant advises that revealing the exact concentration would reveal important formulation details to their competitors and has provided a concentration (as a limit value) which can be used in the public report. The applicant has estimated the loss of competitive advantage as $1.5 million if the chemical identity is revealed in the public assessment report on their projected sales and market share. The applicant has described how a competitor use the identity of the polymer to develop their own competing product, and thus reduce the market share of the notifier before they can recover the substantial costs that were invested into the R&D for this polymer (estimated at $500,000) The polymer meets the PLC criteria and so is deemed to be low hazard. There is therefore negligible concern for the environment and human health.
Confidential-AICS-and-exempt-information-guidelines-July-2016.docx