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Claiming confidential business information in an SDS

Code version as at 1 Jan 2022 From Preparation of safety data sheets for hazardous chemicals, no changes tracked yet
Medium severity
FEDERAL · Hazardous Chemicals Federal > Code of Practice > Hazardous Chemicals > SDS Preparation
The obligation
The Code sets conditions for withholding confidential ingredient identity while still meeting SDS disclosure requirements. Preparers must follow a prescribed process to validly claim CBI.
Where a preparer considers ingredient identity to be confidential business information (CBI), the Code allows limited withholding of chemical identity in the SDS. However, the generic chemical name, concentration range, and hazard information must still be disclosed. Criteria for a valid CBI claim are prescribed; improper claims do not relieve the preparer of full disclosure obligations under the WHS Regulations.
What
The Code sets conditions for withholding confidential ingredient identity while still meeting SDS disclosure requirements. Preparers must follow a prescribed process to validly claim CBI.
Source
safeworkaustralia.gov.au

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Labels
SDS confidential business information CBI disclosure
Official sources
Frequently asked questions

Which WHS law does this come from?

Claiming confidential business information in an SDS is a WHS requirement set out in Preparation of safety data sheets for hazardous chemicals (FEDERAL). It is made under Work Health and Safety Act 2011 (FEDERAL). The relevant provision is Federal > Code of Practice > Hazardous Chemicals > SDS Preparation.

What does this WHS obligation require?

Claiming confidential business information in an SDS is a WHS obligation under Preparation of safety data sheets for hazardous chemicals (FEDERAL). In short, The Code sets conditions for withholding confidential ingredient identity while still meeting SDS disclosure requirements. Preparers must follow a prescribed process to validly claim CBI.

What changed recently?

Claiming confidential business information in an SDS was last updated on 26 August 2026.

About this Topic

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First seenAug 2026