PART 1102—PUBLICLY AVAILABLE CONSUMER PRODUCT SAFETY INFORMATION DATABASE Authority: 15 U.S.C. 2051, 2051 note, 2052, 2055, 2055a, 2065, 2068, 2070, 2071, 2072, 2076, 2078, 2080, 2087. Source: 75 FR 76867, Dec. 9, 2010, unless otherwise noted. Subpart A—Background and Definitions § 1102.2 Purpose. This part sets forth the Commission's interpretation, policy, and procedures with regard to the establishment and maintenance of a Publicly Available Consumer Product Safety Information Database (also referred to as the “Database”) on the safety of consumer products and other products or substances regulated by the Commission. § 1102.4 Scope. This part applies to the content, procedure, notice, and disclosure requirements of the Publicly Available Consumer Product Safety Information Database, including all information published therein. § 1102.6 Definitions. (a) Except as specified in paragraph (b) of this section, the definitions in section 3 of the Consumer Product Safety Act (CPSA) (15 U.S.C. 2052) apply to this part. (b) For purposes of this part, the following definitions apply: (1) Additional information (2) Commission or CPSC (3) Consumer product (4) Harm (5) Mandatory recall notice (6) Manufacturer comment (7) Publicly Available Consumer Product Safety Information Database, (8) Report of harm (9) Submitter of a report of harm (10) Voluntary recall notice Subpart B—Content Requirements § 1102.10 Reports of harm. (a) Who may submit. (1) Consumers (2) Local, state, or federal government agencies (3) Health care professionals (4) Child service providers (5) Public safety entities (b) Manner of submission. (1) Internet submissions through the CPSC's Internet Web site on an electronic incident report form specifically developed to collect such information. (2) Telephonic submissions through a CPSC call center, where the information is entered on the electronic incident form. (3) Electronic mail directed to the Office of the Secretary at [email protected], (4) Written submissions to the Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814-4408. The Commission will accept only those written reports of harm that use the incident report form developed for the CPSC's Internet Web site; or (5) Other means the Commission subsequently makes available. (c) Size limit of reports of harm. (d) Minimum requirements for publication. (1) Description of the consumer product. (2) Identity of the manufacturer or private labeler. (3) Description of the harm. (4) Incident date. (5) Category of submitter. i.e., etc. (6) Contact information. (7) Verification. (8) Consent. (e) Additional information requested on report of harm. (f) Information not published. (1) Name and contact information of the submitter of a report of harm; (2) Victim's name and contact information, if the victim or the victim's parent, guardian, or appropriate legally authorized representative, has not provided appropriate legal consent; (3) Photographs that in the determination of the Commission are not in the public interest, including photographs that could be used to identify a person or photographs that would constitute an invasion of personal privacy based on the Privacy Act of 1974, Public Law 93-579 as amended; (4) Medical records without the consent of the person about whom such records pertain or without the consent of his or her parent, guardian, or appropriate legally authorized representative; (5) Confidential information as set forth in § 1102.24; (6) Information determined to be materially inaccurate as set forth in § 1102.26; (7) Reports of harm retracted at any time by the submitters of those reports, if they indicate in writing to the Commission that they supplied materially inaccurate information; (8) Consents and verifications associated with a report of harm; and (9) Any other information submitted on or with a report of harm, the inclusion of which in the Database, the Commission determines is not in the public interest. The Commission shall consider whether the information is related to a product safety purpose served by the Database, including whether or not the information helps Database users to: (i) Identify a consumer product; (ii) Identify a manufacturer or private labeler of a consumer product; (iii) Understand a harm or risk of harm related to the use of a consumer product; or (iv) Understand the relationship between a submitter of a report of harm and the victim. (g) Reports of harm from persons under the age of 18. (h) Incomplete reports of harm. (i) Official records of the Commission. § 1102.12 Manufacturer comments. (a) Who may submit. (b) How to submit. (1) A manufacturer or private labeler who registers with the Commission as described in § 1102.20(f) may submit comments through a manufacturer portal maintained on the CPSC's Internet Web site; (2) A manufacturer or private labeler may submit comments by electronic mail, directed to the Office of the Secretary at [email protected]; (3) A manufacturer or private labeler may submit written comments directed to the Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814-4408. (c) What must be submitted. (1) Manufacturer comment relates to report of harm. (2) Unique identifier. (3) Verification. (4) Request for publication. (d) Information published. (e) Information not published. § 1102.14 Recall notices. All information presented in a voluntary or mandatory recall notice that has been made available to the public shall be accessible and searchable in the Database. § 1102.16 Additional information. In addition to reports of harm, manufacturer comments, and recall notices, the CPSC shall include in the Database any additional information it determines to be in the public interest, consistent with the requirements of section 6(a) and (b) of the CPSA. Subpart C—Procedural Requirements § 1102.20 Transmission of reports of harm to the identified manufacturer or private labeler. (a) Information transmitted. (1) Name and contact information for the submitter of the report of harm, unless such submitter provides express written consent (for example, by checking a box on the report of harm) to provide such information to the manufacturer or private labeler; (2) Photographs that could be used to identify a person; and (3) Medical records, unless the person about whom such records pertain, or his or her parent, guardian, or appropriate legally authorized representative, consents to providing such records to the manufacturer or private labeler. (b) Limitation on use of contact information. (1) Identity of the submitter and/or the victim, including name, location, age, and gender; (2) Consumer product, including serial or model number, date code, color, or size; (3) Harm or risk of harm related to the use of the consumer product; (4) Description of the incident related to use of the consumer product; (5) Date or approximate date of the incident; and/or (6) Category of submitter. (c) Timing. (1) The manufacturer or private labeler is out of business with no identifiable successor; (2) The submitter misidentified a manufacturer or private labeler; (3) The report of harm contained inaccurate or insufficient contact information for a manufacturer or private labeler; or (4) The Commission cannot locate valid contact information for a manufacturer or private labeler. (d) Method of transmission. (e) Size limits of manufacturer comments. (f) Manufacturer registration. (1) Register with the Commission through a process identified for such registration; (2) Provide and maintain updated contact information for the firm, including the name of the firm, title of a person to whom reports of harm should be directed, complete mailing address, telephone number, electronic mail address, and Web site address (if any); and (3) Select a specified method to receive reports of harm that identify the firm as the manufacturer or private labeler of a consumer product. (g) Manufacturer comments. § 1102.24 Designation of confidential information. (a) For purposes of this section, “confidential information” is considered to be information that contains or relates to a trade secret or other matter referred to in 18 U.S.C. 1905 or that is subject to 5 U.S.C. 552(b)(4). (b) A manufacturer or private labeler identified in a report of harm and who receives a report of harm from the CPSC may review such report of harm for confidential information and request that portions of the report of harm be designated as confidential information. Each requester seeking such a designation of confidential information bears the burden of proof and must: (1) Specifically identify the exact portion(s) of the report of harm claimed to be confidential; (2) State whether the information claimed to be confidential has ever been released in any manner to a person who was not an employee or in a confidential relationship with the company; (3) State whether the information so specified is commonly known within the industry or is readily ascertainable by outside persons with a minimum of time and effort; (4) If known, state the company's relationship with the victim and/or submitter of the report of harm and how the victim and/or submitter of the report of harm came to be in possession of such allegedly confidential information; (5) State how the release of the information would be likely to cause substantial harm to the company's competitive position; and (6) State whether the person submitting the request for treatment as confidential information is authorized to make claims of confidentiality on behalf of the person or organization concerned. (c) Manner of submission. (d) Timing of submission. (e) Assistance with defense. (f) Commission determination of confidentiality. (1) Notify the manufacturer or private labeler; (2) Redact such confidential information in the report of harm; and (3) Publish the report of harm in the Database without such confidential information. (g) Commission determination of no confidentiality. (1) Notify the manufacturer or private labeler; and (2) Publish the report of harm, if not already published, in the Database. (h) Removal of confidential information. § 1102.26 Determination of materially inaccurate information. (a) For purposes of this section, the following definitions apply: (1) Materially inaccurate information in a report of harm (i) The identification of a consumer product; (ii) The identification of a manufacturer or private labeler; (iii) The harm or risk of harm related to use of the consumer product; or (iv) The date, or approximate date on which the incident occurred. (2) Materially inaccurate information in a manufacturer comment (i) The description of the consumer product; (ii) The identity of the firm or firms responsible for the importation, manufacture, distribution, sale, or holding for sale of a consumer product; (iii) The harm or risk of harm related to the use of a consumer product; (iv) The status of a Commission, manufacturer, or private labeler investigation; (v) Whether the manufacturer or private labeler is engaging in a corrective action and whether such action has not been approved by the Commission; or (vi) Whether the manufacturer has taken, or promised to take, any other action with regard to the product. (b) Request for determination of materially inaccurate information. (1) State the unique identifier of the report of harm or manufacturer comment to which the request for a determination of materially inaccurate information pertains; (2) Specifically identify the exact portion(s) of the report of harm or the manufacturer comment claimed to be materially inaccurate; (3) State the basis for the allegation that such information is materially inaccurate; (4) Provide evidence, which may include documents, statements, electronic mail, Internet links, photographs, or any other evidence, sufficient for the Commission to make a determination that the designated information is materially inaccurate; (5) State what relief the requester is seeking: Exclusion of the entire report of harm or manufacturer comment; redaction of specific information; correction of specific information; or the addition of information to correct the material inaccuracy; (6) State whether and how an alleged material inaccuracy may be corrected without removing or excluding an entire report of harm or manufacturer comment; and (7) State whether the person submitting the allegation of material inaccuracy is authorized to make claims of material inaccuracy on behalf of the person or organization concerned. (c) Manner of submission Length of request and expedited review. (2) Manufacturers and private labelers. (3) All other requests. (i) Electronic mail. [email protected]; (ii) Paper-based. (d) Timing of submission. (e) Assistance with defense. (f) Notice. (g) Commission determination of material inaccuracy before publication. (1) Decline to add the materially inaccurate information to the Database; (2) Correct the materially inaccurate information, and, if the minimum requirements for publication as set forth in §§ 1102.10(d) and 1102.12(c) are met, publish the report of harm or manufacturer comment in the Database; or (3) Add information to the report of harm or the manufacturer comment to correct the materially inaccurate information, and, if the minimum requirements for publication as set forth in §§ 1102.10(d) and 1102.12(c) are met, publish the report of harm or manufacturer comment in the Database. (h) Commission determination of material inaccuracy after publication. (1) Remove the information determined to be materially inaccurate from the Database, including any associated documents, photographs, or comments; (2) Correct the information, and, if the minimum requirements for publication as set forth in §§ 1102.10(d) and 1102.12(c) are met, maintain the report of harm or manufacturer comment in the Database; or (3) Add information to the report of harm or the manufacturer comment to correct the materially inaccurate information, and, if the minimum requirements for publication as set forth in §§ 1102.10(d) and 1102.12(c) are met, maintain the report of harm or manufacturer comment in the Database. (i) Commission discretion. (2) Expedited determinations. (j) Commission determination of no material inaccuracy. (1) Notify the requester of its determination; and (2) Publish the report of harm or manufacturer comment, if not already published, in the Database if it meets the minimum requirements set forth in §§ 1102.10(d) and 1102.12(c). (k) Commission action in absence of request. § 1102.28 Publication of reports of harm. (a) Timing. (b) Exceptions. § 1102.30 Publication of manufacturer comments. Timing. Subpart D—Notice and Disclosure Requirements § 1102.42 Disclaimers. The Commission does not guarantee the accuracy, completeness, or adequacy of the contents of the Consumer Product Safety Information Database, particularly with respect to the accuracy, completeness, or adequacy of information submitted by persons outside of the CPSC. The Database will contain a notice to this effect that will be prominently and conspicuously displayed on the Database and on any documents that are printed from the Database. § 1102.44 Applicability of sections 6(a) and (b) of the CPSA. (a) Generally. (b) Limitation on construction. (1) Section 15(b) of the CPSA; or (2) Any other mandatory or voluntary reporting program established between a retailer, manufacturer, or private labeler and the Commission.