S T A T E O F N E W Y O R K
________________________________________________________________________
894
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. PHEFFER, DESTITO -- Multi-Sponsored by -- M. of
A. DINOWITZ -- read once and referred to the Committee on Consumer
Affairs and Protection
AN ACT to amend the general business law, in relation to requiring the
labeling of retail products or packages containing a radio frequency
identification tag
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new article
12-C to read as follows:
ARTICLE 12-C
RADIO FREQUENCY IDENTIFICATION TAG LABELS
SECTION 219. RADIO FREQUENCY IDENTIFICATION TAG LABELS.
S 219. RADIO FREQUENCY IDENTIFICATION TAG LABELS. 1. DEFINITIONS. AS
USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
A. "PACKAGE" MEANS ANY TYPE OF CONTAINER, ARTICLE, OR ITEM THAT IS
USED TO CONTAIN OR HOLD A RETAIL PRODUCT IN THE FORM IN WHICH THE RETAIL
PRODUCT IS SOLD TO CONSUMERS.
B. "RADIO FREQUENCY IDENTIFICATION" MEANS ANY TECHNOLOGY THAT USES
RADIO WAVES OR OTHER WIRELESS MEANS TO TRANSMIT IDENTIFYING INFORMATION
BETWEEN A TAG, BADGE, OR OTHER DEVICE AND A READER WITHOUT PHYSICAL
CONTACT.
C. "RADIO FREQUENCY IDENTIFICATION TAG" MEANS A DEVICE THAT IS
ATTACHED TO, EMBEDDED IN, OR MADE PART OF A RETAIL PRODUCT OR ITS PACK-
AGE AND THAT USES RADIO FREQUENCY IDENTIFICATION TECHNOLOGY TO TRANSMIT
A UNIQUE NUMBER OR IDENTIFIER TO A READER.
D. "READER" MEANS A DEVICE THAT IS CAPABLE OF USING RADIO WAVES OR
OTHER WIRELESS MEANS TO COMMUNICATE WITH, AND READ THE INFORMATION TRAN-
SMITTED BY, A RADIO FREQUENCY IDENTIFICATION TAG.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00935-01-1
A. 894 2
2. ANY PERSON OR ENTITY THAT PRODUCES, MANUFACTURES, PACKAGES,
DISTRIBUTES, OR SELLS A RETAIL PRODUCT AND CAUSES A RADIO FREQUENCY
IDENTIFICATION TAG TO BE ATTACHED TO, EMBEDDED IN, OR MADE PART OF THE
RETAIL PRODUCT OR ITS PACKAGE SHALL LABEL SUCH PRODUCT OR ITS PACKAGING
WITH A NOTICE REGARDING THE EXISTENCE OF THE RADIO FREQUENCY IDENTIFICA-
TION TAG.
A. IT SHALL BE UNLAWFUL FOR ANY RETAILER, WHO KNOWS OR REASONABLY
SHOULD KNOW, THAT A RETAIL PRODUCT OR ITS PACKAGE CONTAINS A RADIO
FREQUENCY IDENTIFICATION TAG TO SELL SUCH RETAIL PRODUCT TO A CONSUMER
UNLESS THE RETAIL PRODUCT OR ITS PACKAGE BEARS THE LABEL REQUIRED BY
THIS SECTION.
B. THE LABEL REQUIRED PURSUANT TO THIS SECTION MUST, AT A MINIMUM:
(1) INFORM THE CONSUMER THAT THE RETAIL PRODUCT OR ITS PACKAGE HAS A
RADIO FREQUENCY IDENTIFICATION TAG WHICH CAN TRANSMIT UNIQUE IDENTIFICA-
TION INFORMATION BEFORE AND AFTER PURCHASE OF THE RETAIL PRODUCT;
(2) BE IN A CONSPICUOUS LOCATION ON THE RETAIL PRODUCT OR ITS PACKAGE;
AND
(3) BE PRINTED IN A SIZE OF TYPE AND IN A MANNER THAT IS CONSPICUOUS
AND CONTRASTS WITH THE BACKGROUND ON WHICH THE NOTICE APPEARS.
3. ANY PERSON, FIRM, CORPORATION, LIMITED LIABILITY COMPANY, ASSOCI-
ATION, OR OTHER ENTITY WHO VIOLATES THIS SECTION SHALL BE SUBJECT TO A
CIVIL PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN ONE
THOUSAND DOLLARS FOR EACH SUCH VIOLATION. EACH SALE OF AN ITEM IN
VIOLATION OF THIS SECTION SHALL CONSTITUTE A SEPARATE VIOLATION.
4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK, TO A COURT OR JUSTICE HAVING JURISDICTION, BY A
SPECIAL PROCEEDING, TO ISSUE AN INJUNCTION, AND, UPON NOTICE TO THE
DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN-
UANCE OF SUCH VIOLATION; AND, IF IT SHALL APPEAR TO THE SATISFACTION OF
THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS
SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING
AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH
PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL, AS
PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
TION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS
SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY PURSUANT TO
SUBDIVISION THREE OF THIS SECTION. IN CONNECTION WITH ANY SUCH PROPOSED
APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A
DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE
WITH THE CIVIL PRACTICE LAW AND RULES.
S 2. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.