CPSC's assistant general counsel discusses 6(b) rule.

1. U.S. Consumer Product Safety
Commission-2012 Safety Academy
Section 6(b) of the Consumer
Product Safety Act
This presentation was prepared by CPSC staff, has not been reviewed or
approved by, and may not reflect the views of, the Commission.

2. U.S. Consumer Product Safety
Commission
Melissa V. Hampshire, Assistant General Counsel
Division of Enforcement and Information
Office of the General Counsel
This presentation was prepared by CPSC staff, has not been reviewed or
approved by, and may not reflect the views of, the Commission.

3. Section 6(b) of the Consumer Product Safety Act
• What is it?
A information disclosure statute that the CPSC must follow
before publicly disclosing information about any consumer
product
- applies to disclosure of product specific information
• What Does it Require the Commission to Do?
- provide 15 days notice to the manufacturer or private
labeler of the information to be disclosed
- provide an time for an opportunity to submit comments
to the Commission
- respond to comments

4. Section 6(b) of the CPSA
Section 6(b) applies the Commission’s public
disclosure of any product specific information of an
identified manufacturer or private labeler.
Requires the Commission to take reasonable steps
to assure, prior to its public disclosure, that the
information from which the identity of the
manufacturer or private labeler may be readily
ascertained is accurate, and that such disclosure is
fair in the circumstances and reasonably related to
effectuating the purposes of the CPSA
. (15 U.S.C. § 2055(b)(1)).

5. Section 6(b)(1)
Less than 15 days notice
• If Commission publishes a finding that the
public health and safety requires a lesser
period of notice
• Requires publication of the finding
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6. Section 6(b)(2) - Timing
• Time for notification to manufacturer
/private labeler of the Commission’s intent to
disclose information over
manufacturer’s/private labeler’s 6(b)
objections 5 days after the date of receipt of
notification
• Commission could provide lesser notice
(than 5 days) if publishes a finding that
public health and safety requires lesser notice
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7. Section 6(b)(4) Exceptions
Prohibited Acts
• Exceptions to providing notice and
opportunity for comment
• Allows the Commission to publicly disclose
information about any consumer product for
which the Commission has reasonable cause
to believe is in violation of any consumer
product safety rule or provision of this Act or
similar rule or provision of any other Act
enforced by the Commission
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8. Section 6(b)(5)
Exceptions to 15(b)
• Information submitted under section 15(b) is
protected unless an exception listed in
section 6(b)(5) applies.
• One new exception since 2008:
• The Commission publishes a finding that the
public health and safety requires public
disclosure with a lesser period of notice than
required under section 6(b)(1) (i.e. less than
15 days notice) (Section 6(b)(5)(D))
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9. Commission Regulations
 Commission has regulations at 16 C.F.R.
Parts 1015 (FOIA) and 1101 (Section 6(b)).
16 C.F.R § 1101.12 – defines who is the
public under section 6(b)
16 C.F.R. § 1101.32-34 – describes what are
“reasonable steps” to assure that
disclosure of information is accurate, fair
and reasonably related to the CPSA
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10. Judicial Review
• Under section 6(b)(3) of the CPSA, after
receiving notice of intended disclosure the
manufacturer or private labeler may bring
an action in U.S. District Court seeking to
enjoin disclosure of the information. 15
U.S.C. § 2055(b)(3).

11. 6(b) notice on Investigations
• If the Commission is asked whether we are
investigating the Subject Product or Firm, the
Commission intends to disclose that the staff is
investigating. In addition, the Commission
may, on its own initiative, disclose the existence of
this investigation into the Subject Product or Firm.
For these reasons, we are beginning the disclosure
notification process under Section 6(b) of the
CPSA. Any disclosure of information by the
Commission related to the Subject Product or Firm
beyond the fact that the Commission is
investigating will trigger an additional Section
6(b) disclosure notification.

12. Section 6A - Database
• Reports of consumer product harm
(illness, injury, or death or risk of such)
• Received from: consumers, local, State or
Federal government agencies; health care
professionals, child service providers; public
safety entities, and any information CPSC
receives based on a public recall
announcement
• Provisions of section 6(a) and (b) do not apply
to disclosure of a report in the database
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13. Section 6A Database-Exclusions
• Does not apply to information submitted:
– under section 15(b) of the CPSA
– Mandatory/Voluntary reporting program
between CPSC and retailer, manufacturer or
private labeler
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14. Consumer Product Safety
•
Commission
Mr. Dean W. Woodard U.S. CPSC
Director Office of Education, Global Outreach, and Small
Business Ombudsman
dwoodard@cpsc.gov
business@cpsc.gov