Discussion of what a consumer product consists of, disclosure rules, and CPSC procedures.

1. U.S. Consumer Product Safety
Commission
What’s a Consumer
Product, Anyway?
ICPHSO 2013 ANNUAL MEETING & SYMPOSIUM
FEBRUARY 28, 2013
PATRICIA POLLITZER, ASSISTANT GENERAL COUNSEL
DIVISION OF REGULATORY AFFAIRS, OFFICE OF GENERAL COUNSEL
This presentation was prepared by CPSC staff. It has not been reviewed or approved
by, and may not necessarily reflect the views of, the Commission.

2. “Consumer Product”
§ 3(a)(5) of CPSA
“any article, or component part thereof, produced or
distributed
(i) for sale to a consumer for use in or around a
permanent or temporary household or residence, a
school, in recreation, or otherwise, or
(ii) for the personal use, consumption or enjoyment
of a consumer in or around a permanent or
temporary household or residence, a school, in
recreation, or otherwise….”

3. Exceptions from definition of
“consumer product”
“Any article which is not customarily
produced or distributed for sale to, or use or
consumption by, or enjoyment of, a
consumer”

4. Exceptions from definition of
“consumer product”
Tobacco and tobacco products;
Motor vehicles and motor vehicle equipment
(National Traffic and Motor Vehicle Safety Act of
1966);
Pesticides (Federal Insecticide, Fungicide, and
Rodenticide Act);
Firearms and ammunition (subject to tax under
section 4181 of Internal Revenue Code);
Aircraft (Federal Aviation Act);

5. Exceptions from definition of
“consumer product”
Boats, vessels, and associated equipment (Federal
Boat Safety Act);
Drugs, devices, or cosmetics (Federal Food, Drug, and
Cosmetic Act);
Food (Federal Food, Drug, and Cosmetic Act; Poultry
Products Inspection Act; Federal Meat Inspection Act;
Egg Products Inspection Act);
Amusement rides permanently fixed to a site.

6. Exclusions under § 31 of CPSA
Risks of injury associated with a consumer product if
the risk could be eliminated or reduced by actions
under the Occupational Health and Safety Act, Atomic
Energy Act, or Clean Air Act.
Risks of injury associated with electronic product
radiation emitted from an electronic product (Public
Health Service Act).

7. Conclusion
Available information about the product
Where product is sold
Price
Promotional information and labeling
Intended use and location of intended use
Relevant statutory definitions
Statutes and regulations
Other agency’s interpretations

8. U.S. Consumer Product Safety
Commission
Information Disclosure and
the Consumer Product Safety Act
ICPHSO 2013 ANNUAL MEETING & SYMPOSIUM
FEBRUARY 28, 2013
MELISSA V. HAMPSHIRE, ASSISTANT GENERAL COUNSEL, DIVISION OF
ENFORCEMENT AND INFORMATION, OFFICE OF THE GENERAL COUNSEL
This presentation was prepared by CPSC staff. It has not been reviewed or
approved by, and may not necessarily reflect the views of, the Commission.

9. Information Disclosure Provisions
§ 6 of CPSA
Section 6(a) – manufacturer or private labeler’s request for
confidential treatment for submission of trade
secret/confidential business information (under section
6(a)(2)) within 15 calendar days after the date of receiving
notification from the Commission. (15 U.S.C. § 2055(a))
Section 6(b) allows advance notice and opportunity for
comment by a manufacturer or private labeler before the
Commission’s public disclosure of any product specific
information of an identified manufacturer or private labeler.
(15 U.S.C. § 2055(b))

10. § 6(b)(1) and (2)
Timing of Notice and Opportunity to
Comment
Time for advance notice and opportunity to comment prior
to public disclosure of information is generally 10 calendar
days. (15 U.S.C. § 2055(b)(1); 16 CFR § 1101.22 ) Commission
cannot disclose in less than 15 days unless:
Commission publishes a finding that the public health and
safety requires a lesser period of notice:
Allows for shortening of time for submitting comments to
CPSC
Allows for shortening of time for CPSC notification of intent to
disclose over objection

11. Exceptions to Advance Notice and
Opportunity to Comment
Described in § 6(b)(4)
Section 6(b)(1) –(3) shall not apply to public disclosure of
information about any consumer product with respect to
which the Commission has filed an action under section 12,
or which the Commission has reasonable cause to believe
is in violation of any consumer product safety rule or
provision of the CPSA or similar rule or provision of any
other Act enforced by the Commission; or
information in the course of or concerning a rulemaking
proceeding, adjudicatory proceeding, or other
administrative or judicial proceeding

12. § 6(b)(5) of CPSA
In addition to the requirements of section
6(b)(1), section 6(b)(5) bars the public disclosure of
information submitted pursuant to section 15(b)
unless:
Commission issues a complaint under section 15 (c) or (d)
alleging a substantial product hazard;
In lieu of a section 15(c) or (d) proceeding, the Commission
accepted in writing a remedial settlement agreement;
Section 15(b) submitter agrees to disclosure; or
Commission publishes health and safety finding of lesser
notice than required under section 6(b)(1)

13. § 6(b)(5) of CPSA
Section 6(b)(5) restrictions on disclosure do not apply
to the public disclosure of information about a consumer
product
that is the subject of an action under section 12;
or that the Commission has reasonable cause to believe
is in violation of any consumer product safety rule or
provision under the CPSA or similar rule or provision of
any other Act enforced by the Commission,
or information in the course of or concerning a judicial
proceeding

14. Section 6A Database
Exclusions
Do not apply to information submitted
Under section 15(b) of the CPSA; or
Mandatory/voluntary reporting program established
between retailer, manufacturer or private labeler and the
Commission

15. Information Sharing
§ 29(e) and (f) of the CPSA
Sharing of information
Section 29 (e) allows Commission to provide to
another Federal agency or a State or local agency
accident or investigation reports
Section 29(f) sharing of information obtained by
the Commission to federal, state, local or foreign
government agency
Specific requirements necessary to use this provision

16. U.S. Consumer Product Safety
Commission
Commission Operations
ICPHSO 2013 ANNUAL MEETING & SYMPOSIUM
FEBRUARY 28, 2013
MATTHEW R. HOWSARE, CHIEF OF STAFF AND CHIEF COUNSEL TO THE CHAIRMAN
This presentation was prepared by CPSC staff. It has not been reviewed or
approved by, and may not necessarily reflect the views of, the Commission.

17. Typical Subjects of Commission
Action
Fiscal Year Commission Agenda & Priorities
Priorities Hearing  Budget  Operating Plan
Commission Voting Agenda
Once items are ripe for Commission decision, the Commission, led by the
Chairman’s office, sets a schedule for Commission consideration.
Rulemaking Proceedings
Requests for Information, Advance Notices of Proposed
Rulemakings, Notices of Proposed Rulemaking, Final Rules
Enforcement Actions
Administrative lawsuits, issuance of subpoenas
Statements of Commission Policy & Commission Guidance Documents

18. Typical Subjects of Commission
Action
Provisional Civil Penalty Agreements
Referrals to the Department of Justice for Civil and/or
Criminal Penalties
Docketing and Disposition of Petitions
Most Notices Published in the Federal Register
Anything a Majority of the Commission Chooses to Make
the Subject of Commission Action

19. How do Issues become the Subject of
Commission Action
Primarily driven through staff’s creation of proposed budget and operating
plan and the Commission’s modifications and approval of the final agency
budget and operating plan.
Stakeholder Input & Requests
Priorities hearing
Other public hearings and proceedings
Correspondence and meetings with agency staff
Correspondence and meetings with Commissioners and Commission staff
Petition process
Legislative Mandates
Unplanned Activities

20. Commission Procedures for Decision
Making
Agenda Planning—The Chairman’s office regularly leads a
meeting with senior staff and the other Commissioners’
offices to discuss and finalize the Commission’s agenda for the
upcoming week.
Submission of Briefing Packages—Once a staff briefing
package is completed and cleared, it is submitted to the
Commission and then made available on CPSC.gov (if cleared
for public release).

21. Commission Procedures for Decision
Making
Two Primary Methods for Commission decisions:
Ballot Votes
5 business day turn around from submission of briefing package through
Commission vote date.
Decisional Matters
Staff briefing of the Commission 5 business days following submission of the
briefing package.
Commission decisional meeting 10 business days following the staff briefing.

22. Deviations from Normal Decision
Making Schedule
Generally—Deviations from the normal schedule for ballot votes and decisional
matters occur regularly for a wide range of reasons—everything from pure
scheduling issues through allowing more time to reach Commission consensus.
Ballot Votes—Potential for a one-time 3 day extension of the voting due date
and/or the transformation of a ballot vote into a decisional matter.
Decisional Matters—Potential for a deferral of Commission decision for up to
one week.
Shortened Timeframes—The timeline for the Commission’s consideration of an
issue can be shortened by staff in certain cases where time is of the essence.
Alternative Schedules—As adopted by a majority of the Commission

23. How often does the Commission
Vote?
Since July 1, 2009, the Commission has voted 364
times.
An average of ~140 votes per year
Voting Breakdown:
85% -- Unanimous votes
8% -- One dissent votes
7% -- Two dissent votes