An Act To Create the Cellular Telephone Labeling Act
Sec. 1. 22 MRSA c. 261-B is enacted to read:
CELLULAR TELEPHONE LABELING ACT
§ 1537. Short title
This chapter may be known and cited as "the Cellular Telephone Labeling Act."
§ 1538. Warning labels for cellular telephones
1. 'The World Health Organization, International Agency for Research on Cancer has classified radiofrequency electromagnetic fields as possibly carcinogenic to humans (Group 2B), based on an increased risk for glioma, a malignant type of brain cancer, associated with wireless phone use.... This has relevance for public health, particularly for users of mobile phones, as the number of users is large and growing, particularly among young adults and children.' World Health Organization press release, May 31, 2011
2. Manufacturers' manuals provide guidance to avoid direct contact with head and body and commentary on ways to reduce excessive exposure, if you choose, such as:
A. Limiting use by children;
B. Keeping away from reproductive organs; and
C. Operating with a wired headset."
This bill requires cellular telephone manufacturers that include safety notifications in their owner's manuals to ensure that cellular telephone packaging includes those safety notifications or a label indicating where the safety notifications may be found in the owner's manual. It prohibits retailers from selling at retail in this State cellular telephones of manufacturers that include safety notifications in their owner's manuals but do not include on the product packaging the safety notifications or a label indicating where the safety notifications may be found. It requires manufacturers of cellular telephones to provide the safety notifications to retailers at no cost to the retailers. It also prohibits retailers from selling at retail in this State a cellular telephone that does not bear a label warning that the device emits radiofrequency electromagnetic fields. It also requires retailers to provide an information bulletin to the purchaser of a cellular telephone informing the purchaser of potential health risks associated with the use of cellular telephones. The bill provides that a violation of these provisions is a violation of the Maine Unfair Trade Practices Act.