HP0602, LD 883, item 1, An Act To Create the Cellular Telephone Labeling Act

An Act To Create the Cellular Telephone Labeling Act

Be it enacted by the People of the State of Maine as follows:

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

CHAPTER 261-B

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. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Cellular telephone" means a device used to access a wireless telephone service.

2. Prominence of safety notifications on product packaging. If a cellular telephone manufacturer includes safety notifications in its owner's manual, the cellular telephone manufacturer shall ensure that:

A. The full language of the safety notifications is plainly visible on the outside of the product packaging; or

B. A label is plainly visible on the outside of the product packaging alerting customers to the safety notifications. The body of the notice must be in letters not less than 1/16 inch in height. The initial words ''SAFETY NOTICE'' must appear in capital letters and in bold type at least 1/8 inch in height, followed by the words "For the Safety of You and Your Family, Please Read Guidance for Use" and language directing consumers to the page or pages of the owner's manual where the safety notifications may be found.

3. Safety notification required. A retailer of cellular telephones may not sell at retail in this State a cellular telephone unless the requirements of subsection 2 are met.

4. Warning label required. A retailer of cellular telephones may not sell at retail in this State a cellular telephone unless the cellular telephone bears a warning label that is at least the size of the manufacturer's label on the device, is legible, is located in a prominent place that is conspicuous and not obscured by other written matter and contains the following statement:

"This device emits radiofrequency electromagnetic fields. Avoid direct contact."

5. Information bulletin. A retailer of cellular telephones shall provide to a purchaser of a cellular telephone printed information that is in the form of a separate bulletin in bold type that contrasts with the color of the bulletin and has a font size of a minimum of 18 points stating:

"MAINE REVISED STATUTES, Title 22, chapter 261-B

requires that we notify you that:

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."

6. No cost to retailers. A cellular telephone manufacturer shall provide any safety notifications required under subsection 2 to retailers at no cost.

7. Violation. A violation of this chapter is a violation of the Maine Unfair Trade Practices Act.

summary

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.

HP0602 LD 883	Session - 127th Maine Legislature		LR 1523 Item 1
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