[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: 16CFR1101.11]

[Page 144-145]
 
                     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 B--Information Subject to Notice and Analysis Provisions of 
                             Section 6(b)(1)
 
Sec. 1101.11  General application of provisions of section 6(b)(1).


    (a) Information subject to section 6(b)(1). To be subject to the 
notice and analysis provisions of section 6(b)(1), information must meet 
all the following criteria:
    (1) The information must pertain to a specific product which is 
either designated or described in a manner which permits its identity to 
be ascertained readily by the public.
    (2) The information must be obtained, generated or received by the 
Commission as an entity or by individual members, employees, agents, 
contractors or representatives of the Commission acting in their 
official capacities.
    (3) The Commission or its members, employees, agents or 
representatives must propose to disclose the information to the public 
(see Sec. 1101.12).
    (4) The manner in which the product is designated or described in 
the information must permit the public to ascertain readily the identity 
of the manufacturer or private labeler. [See Sec. 1101.13.]
    (b) Information not subject to section 6(b)(1). The requirements of 
section 6(b)(1) do not apply to:
    (1) Information described in the exclusions contained in section 
6(b)(4) of the CPSA (see subpart E of this rule).
    (2) Information the Commission is required by law to make publicly 
available. This information includes, for example, Commission 
notifications to foreign governments regarding certain products to be 
exported, as required by section 18(b) of the CPSA, 15 U.S.C.

[[Page 145]]

2068(b); section 14(d) of the FHSA, 15 U.S.C. 1273(d); and section 15(c) 
of the FFA, 15 U.S.C. 1202(c). (See the Commission's Export Policy 
Statement, 16 CFR part 1017.)
    (3) Information required to be disclosed to the President and 
Congress pursuant to section 27(j) of the CPSA, 15 U.S.C. 2076(j).
    (4) Press releases issued by firms.
    (5) Information filed or presented in administrative proceedings or 
litigation to which the Commission is a party and which is not expressly 
subject to the section 6(b)(4) exceptions.