An Act To Create the Children's Wireless Protection Act

Sec. 1. 22 MRSA c. 261-B  is enacted to read:

CHAPTER 261-B

CHILDREN'S WIRELESS PROTECTION ACT

§ 1537.  Warning labels for cellular telephones

Sec. 2. Rulemaking; requirements. In adopting initial rules establishing requirements for uniform warning labels pursuant to the Maine Revised Statutes, Title 22, section 1537, the Department of Health and Human Services shall adopt rules requiring that warning labels:

1. Be a permanent nonremovable advisory of risk, in black type, except for the word "warning," which must be large and in red, capital letters, all on a field of white, with a narrow red border; and

2. Include a color graphic of "Brain of 5-year-old" depicted by O.P. Gandhi et al., in IEEE Transactions on Microwave Theory and Techniques, "Electromagnetic Absorption in the Human Head and Neck for Mobiletelephones at 835 and 1900 MHz," 1996 44(10): 1884-1897, which must be positioned beside the words of warning using small red arrows labeled "cell phone" and "radiation area," pointing to those respective areas of the graphic and containing beneath the graphic the label, "Brain of 5-year-old," with attribution in tiny print as appropriate, the entire graphic taking up 30% of the label.

SUMMARY

This bill provides that a manufacturer may not sell at retail in this State, or to a retailer in this State or for use in this State a cellular telephone unless, at no cost to the Maine retailer or Maine distributor, the cellular telephone and its packaging bear a warning label relating to the potential for brain cancer associated with electromagnetic radiation of the form emitted from cellular telephones, with the recommendation that users, especially children and pregnant women, keep the device away from the head and body. A violation of this provision is a violation of the Maine Unfair Trade Practices Act.