Information Disclosure Under Section 6(b) of the Consumer Product Safety Act

This rule shortens the time period for notice and opportunity to comment on public disclosure of product-specific information.

Proposed Rule: Jan. 14, 2014

 

The Commission has issued regulations setting forth CPSC’s policy and procedure under sections 6(b)(1)-(5) of the CPSA on the public disclosure of information from which the identity of a manufacturer or private labeler of a product can be readily ascertained. In addition, the regulation provides 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.

 

CPSC is reviewing a proposal to update the Commission’s regulation at 16 CFR part 1101.  The update is based on Commission direction in the Fiscal Year 2013 Midyear Review and Operating Plan Adjustments to:

  • modernize the rule to account for the significant advancements in information technology that have taken place since its initial adoption in 1983;
  • streamline the rule to  be as closely aligned with section 6(b) as possible with the objectives of (a)eliminating unnecessary administrative burdens to the agency, (b)removing extra-statutory requirements, (c) eliminate redundancies in providing notice, (d)minimizing Freedom of Information Act backlogs and (e)maximize transparency and openness in CPSC’s disclosure of information; and
  • maintain CPSC compliance with statutory requirements in section 6(b) (ie. requirements that relate to notice, opportunity to submit comments and taking reasonable steps to assure accuracy, fairness in the circumstances and reasonable relation to effectuating the purposes of the CPSA; and
  • maintain the protections of section 6(b)(5) of the CPSA for information filed in accordance with the requirements of section 15(b) reports.

 

View the Notice of Proposed Rulemaking

 

Historical Documents

View the Proposed Rule

Briefing package: Notice of Proposed Rulemaking: Amendment to Regulation on Information Disclosure Under Section 6(b) of the Consumer Product Safety Act

Responses to Commissioner Buerkle’s Questions Regarding Staff’s Proposed Amendments

Video: Commission Meeting: Decisional Matter on Section 1101 Update 6(b) Notice of Proposed Rule

Video: Commission Meeting: Section 1101 Update 6(b) - Proposed Rule