16 C.F.R. Subpart G—Information Submitted Pursuant to Section 15(b) of the CPSA
Title 16 - Commercial Practices
(a) Generally. In addition to the requirements of section 6(b)(1), section 6(b)(5) of the CPSA imposes further limitations on the disclosure of information submitted to the Commission pursuant to section 15(b) of the CPSA, 15 U.S.C. 2064(b). (b) Criteria for disclosure. Under section 6(b)(5) the Commission shall not disclose to the public information which is identified as being submitted pursuant to section 15(b) or which is treated by the Commission staff as being submitted pursuant to section 15(b). Section 6(b)(5) also applies to information voluntarily submitted after a firm's initial report to assist the Commission in its evaluation of the section 15 report. However, the Commission may disclose information submitted pursuant to section 15(b) in accordance with section 6(b)(1)–(3) if: (1) The Commission has issued a complaint under section 15 (c) or (d) of the CPSA alleging that such product presents a substantial product hazard; or (2) In lieu of proceeding against such product under section 15 (c) or (d), the Commission has accepted in writing a remedial settlement agreement dealing with such product; or (3) The person who submitted the information under section 15(b) agrees to its public disclosure. (a) Scope. The limitations established by section 6(b)(5) do not apply to the public disclosure of: (1) Information with respect to a consumer product which is the subject of an action brought under section 12 (see §1101.42); (2) Information about a consumer product which the Commission has reasonable cause to believe is in violation of a “prohibited act” section under any of the statutes administered by the Commission (see §1101.43); or (3) Information in the course of or concerning a judicial proceeding (see §1101.45). (a) Section 6(b)(5) applies only to information provided to the Commission by a manufacturer, distributor, or retailer which is identified by the manufacturer, distributor or retailer, or treated by the Commission staff as being submitted pursuant to section 15(b). (b) Section 6(b)(5)'s limitation also applies to the portions of staff generated documents that contain, summarize or analyze such information submitted pursuant to section 15(b). (c) Section 6(b)(5) does not apply to information independently obtained or prepared by the Commission staff.
Title 16: Commercial Practices
PART 1101—INFORMATION DISCLOSURE UNDER SECTION 6(b) OF THE CONSUMER PRODUCT SAFETY ACT
Subpart G—Information Submitted Pursuant to Section 15(b) of the CPSA
§ 1101.61 Generally.
§ 1101.62 Statutory exceptions to section 6(b)(5) requirements.
§ 1101.63 Information submitted pursuant to section 15(b) of the CPSA.
