[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1101.1]

[Page 143-144]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1101--INFORMATION DISCLOSURE UNDER SECTION 6(b) OF THE CONSUMER PRODUCT SAFETY ACT--Table of Contents
 
                          Subpart A--Background
 
Sec. 1101.1  General background.


    (a) Basic purpose. This rule sets forth the Consumer Product Safety 
Commission's policy and procedure under sections 6(b)(1)-(5) of the 
Consumer Product Safety Act (CPSA) (15 U.S.C. 2055(b)(1)-(5)) which 
relate to public disclosure of information from which the identity of a 
manufacturer or private labeler of a product can be readily ascertained. 
In addition, these rules provide for retraction of inaccurate or 
misleading information the Commission has disclosed that reflects 
adversely on the safety of a consumer product or class of products or on 
the practices of any manufacturer, private labeler, distributor or 
retailer of consumer products as required by section 6(b)(7) of the CPSA 
(15 U.S.C. 2055(b)(7)).
    (b) Statutory requirements. Section 6(b) establishes procedures that 
the Commission must follow when it releases certain firm specific 
information

[[Page 144]]

to the public and when it retracts certain information it has released.
    (1) Generally, section 6(b)(1) requires the Commission to provide 
manufacturers or private labelers with advance notice and opportunity to 
comment on information the Commission proposes to release, if the public 
can readily ascertain the identity of the firm from the information. 
Section 6(b)(1) also requires the Commission to take reasonable steps to 
assure that the information is accurate and that disclosure is fair in 
the circumstances and reasonably related to effectuating the purposes of 
the Acts administered by the Commission. Disclosure of information may 
not occur in fewer than 30 days after notice to the manufacturer or 
private labeler unless the Commission finds the public health and safety 
requires a lesser period of notice. Exceptions to these requirements are 
established in section 6(b)(4). Additional limitations on the disclosure 
of information reported to the Commission under section 15(b) of the 
CPSA are established in section 6(b)(5).
    (2) Section 6(b)(2) requires the Commission to provide further 
notice to manufacturers or private labelers where the Commission 
proposes to disclose product-specific information the firms have claimed 
to be inaccurate.
    (3) Section 6(b)(3) authorizes manufacturers and private labelers to 
bring lawsuits against the Commission to prevent disclosure of product-
specific information after the firms have received the notice specified.
    (c) Internal clearance procedures. Section 6(b)(6) requires the 
Commission to establish internal clearance procedures for Commission 
initiated disclosures of information that reflect on the safety of a 
consumer product or class of products, even if the information is not 
product specific. This rule does not address section 6(b)(6) because the 
Commission has internal clearance procedures in its directives system. 
(Directive 1450.2 ``Clearance Procedures for Commission Staff to Use in 
Providing Information to the Public.'' April 27, 1983.