Exact percentages are the default. HazCom 2024 allows concentration ranges in specific cases, and its trade-secret provisions are more detailed than a general “proprietary” label.
A chemical manufacturer may know the exact amount of an ingredient but still list a range on the safety data sheet. This is sometimes allowed, but can also be a disclosure error. Under HazCom 2024, the reason for using a range determines the applicable rules.
SDS Section 3 covers composition and ingredient information. For mixtures, OSHA Appendix D generally requires the identity and concentration of hazardous ingredients at or above applicable cutoffs, or those posing a health risk below them. Exact percentages are the default, with specific exceptions.
The working rule
Begin with the actual formulation. If the ingredient concentration is fixed and no valid trade-secret claim applies, disclose the exact percentage. Use a true range only for qualifying variability or substantially similar mixtures. Use a prescribed trade-secret range when withholding a concentration under paragraph (i).
Three legitimate routes to a Section 3 concentration
| Situation | What Section 3 generally uses | Required check |
|---|---|---|
| Fixed concentration; no valid trade-secret claim | Exact percentage | Does the formulation support the stated value? |
| Batch variability or substantially similar mixture family | Accurate actual concentration range | Are the range and shared classification justified? |
| Supported trade-secret claim for concentration | Prescribed range under HCS paragraph (i) | Is it the narrowest permitted range and marked “trade secret”? |
These are distinct rules, not options to make Section 3 appear less precise. Choose the appropriate approach before authoring and document the rationale.
Exact percentage remains the starting point
An ingredient present at a controlled 6.0% should be listed as 6.0% in Section 3 if it is a reportable health-hazard ingredient and no exception applies. Do not substitute a range like 1%–10% simply to avoid disclosing the exact composition.
Do not assume every ingredient below a cutoff can be omitted. Appendix D requires disclosure of any reportable health-hazard ingredient that presents a health risk below the specified cutoff. The classification rationale determines if the ingredient must be listed.
A material’s CAS number or identity may be treated differently from its concentration under trade-secret rules. If a CAS number is withheld, the SDS must provide an appropriate alternative identifier and specify its source as required by OSHA.
Actual concentration ranges for variability and similar mixtures
OSHA permits ranges when manufacturing results in legitimate batch-to-batch variability or when one SDS covers substantially similar mixtures. The reported range must reflect actual production and not obscure any material change in hazard classification. OSHA’s Q&A states that variations must not affect the overall mixture’s hazard.
A production specification yielding 4.7%–5.3% across batches may justify a 4.7%–5.3% range if all conditions are met. The higher value must be assessed for its impact on hazard classification. A range does not become a trade secret simply because it is a range.
A product family may qualify if compositions vary slightly but hazards and ingredients remain comparable. OSHA’s HazCom Q&A addresses these cases and cautions against overly broad ranges like 1%–99%. The key is whether the product record and hazards justify the range, not whether an authoring tool can generate it.
If concentrations cross a cutoff that changes mixture classification, confirm whether a single SDS and classification are still appropriate. A range should not be used to avoid resolving classification differences.
A trade-secret claim activates the prescribed ranges
29 CFR 1910.1200(i)(1) lets the responsible party withhold certain ingredient identities and/or exact concentration information only when the trade-secret claim can be supported, the SDS still communicates the chemical’s effects and properties, and the SDS clearly states what is withheld as a trade secret.
When a concentration or range is withheld as a trade secret under HazCom 2024, paragraph (i)(1)(iv) generally requires use of one of 13 prescribed ranges. Paragraph (i)(1)(v) requires selecting the narrowest applicable range. A valid claim does not permit creating a broad interval or leaving the concentration cell blank.
| Prescribed ranges A–G | Prescribed ranges H–M |
|---|---|
| 0.1%–1% | 15%–40% |
| 0.5%–1.5% | 30%–60% |
| 1%–5% | 45%–70% |
| 3%–7% | 60%–80% |
| 5%–10% | 65%–85% |
| 7%–13% | 80%–100% |
| 10%–30% | — |
If an ingredient is present at 5.2%, the 3%–7% prescribed range covers the actual value and is narrower than the 5%–10% option. Selection must be supported by a valid trade-secret claim. For ingredients with variable concentrations, the prescribed range must cover the true interval, following OSHA’s rule for combining consecutive ranges.
Paragraph (i)(1)(v) permits combining two consecutive ranges within the 0.1%–30% group if the true interval does not fit within a single range and all conditions are met. This is a limited exception, not a general allowance to combine ranges. Paragraph (i)(1)(vi) addresses disclosure of narrower ranges under this rule.
The 0.1% trade-secret edge case needs special care
What if a hazardous ingredient contributes to classification even though its concentration is below 0.1%? It may still require Section 3 disclosure. The prescribed ranges in paragraph (i)(1)(iv) start at 0.1%, so none of them covers a lower concentration. OSHA’s 2026 HazCom enforcement directive (CPL 02-02-079) covers trade secrets in Section X.I.
Therefore, if a below-0.1% ingredient contributes to classification as a health hazard, its concentration or range cannot be withheld as a trade secret using a prescribed range. The specific chemical identity is a separate claim under paragraph (i)(1) and may still qualify. This is an important exception to the assumption that any concentration can be replaced by a standard range.
Paragraph (i)(1)(iii) and Appendix D require the SDS to state that information is withheld as a “trade secret.” Labels like “confidential” or “proprietary” alone do not meet this requirement.
A decision sequence before publishing Section 3
Identify ingredients that must be disclosed because they are classified health hazards above applicable cutoffs or contribute to a health risk below them.
Confirm the actual concentration or validated manufacturing range in the current formulation record; keep that internal value separate from public SDS disclosure.
Decide whether a fixed exact percentage is required, a true variability or similar-products range is justified, or a supported trade-secret claim applies.
For trade secrets, verify the prescribed range that contains the true value or interval; check the narrowest-range and combined-range provisions.
Confirm that the public range does not hide a hazard category change or a new disclosure obligation. Re-evaluate relevant ingredient concentrations against the mixture rules.
Confirm the required chemical identifiers, the explicit trade-secret statement, and the other Section 3 information.
Maintain documentation for all exceptions and retain internal formulation data for authorized regulatory and health disclosures.
A simple example of three different Section 3 outcomes
| Internal circumstance | Section 3 presentation | Reason |
|---|---|---|
| Ingredient X fixed at 6.0% | 6.0% | Exact percentage is default |
| Ingredient X legitimately varies 4.7%–5.3% between qualifying batches | 4.7%–5.3% | Accurate manufacturing interval |
| Ingredient X fixed at 5.2%, supported trade-secret concentration claim | 3%–7%, with trade-secret indication | Narrow prescribed interval that covers the value |
The examples are illustrative. They do not establish whether a particular ingredient must be disclosed in a real SDS; that decision comes from its hazard status and the relevant regulatory cutoffs.
Writing Section 3 manually? Our free SDS template for Word includes a ready-made Section 3 table, and the SDS Cross-Check Checklist explains how Section 3 connects to Sections 2 and 8.
Do not confuse the published range with classification input
The actual formula is required to evaluate the mixture; a Section 3 concentration range is for disclosure purposes only. If a team uses the public 3%–7% range for classification without referencing the actual formulation, the input may no longer represent the product being sold.
Valenc GHS classification flags any concentration range that crosses a hazard cutoff for human review, rather than selecting an arbitrary value. Its SDS authoring workflow uses an approved classification record in the document. This sequence—source composition, classification, authoring—helps reviewers identify where each decision was made.
When the HazCom 2024 rule applies to mixtures
Valenc’s HCS 2024 compliance checklist tracks the extended deadlines. Manufacturers, importers, and distributors evaluating mixtures must comply with the modified provisions by November 19, 2027. Employers have until May 19, 2028, to complete workplace updates related to mixtures. During the transition, paragraph (j) allows compliance with the previous rule, the updated rule, or both, as applicable.
Use the transition period to update underlying ingredient records, not just restyle a supplier’s Section 3. Valenc’s supplier SDS revision checklist outlines how to verify changes before incorporating new supplier information into a finished-product record.
Frequently asked questions
Can a manufacturer use ranges for every ingredient in Section 3?
No. An exact percentage is the ordinary starting point for reportable hazardous ingredients. The listed exceptions require a qualifying basis; a preference for secrecy is not enough.
Is an actual batch-variability range a trade secret?
Not automatically. An accurate range justified by the manufacturing process differs from a concentration withheld under paragraph (i). Do not label it confidential without a supported claim.
Does using a prescribed range remove the need to disclose hazards?
No. A supported trade-secret claim does not remove the obligation to provide the properties and effects of the chemical, applicable hazard information, or trade-secret access information when the standard requires it.
Section 3 must reflect the chemistry and the disclosure rule
The practical test is straightforward: does the file explain why a specific percentage or range was chosen, and could another reviewer reconstruct the decision? Keep the actual formulation, the reason for any exception, the public disclosure, and the classification result together. This forms the basis for an SDS Section 3 that can withstand technical review.
See the workflow on your own formulations: source composition, classification, then authoring, with every decision recorded.
