NY State Senate Bill 2021-S8840

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 22, 2022	referred to consumer protection

2021-S8840 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Art 19-A §§310 - 312, Gen Bus L

2021-S8840 (ACTIVE) - Summary

Requires retailers to provide certain notice to consumers of radio frequency exposure from cell phones.

2021-S8840 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8840

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
notice to consumers of radio frequency exposure from cell phones

 
PURPOSE:

To ensure that consumers have the information they need to make choices
about the extent and nature of their exposure to radiofrequency radi-
ation.

 
SUMMARY OF PROVISIONS:

Section one amends the general business law by creating a new article 19
titled, "notice to cell phone customers regarding radio frequency expo-
sure." The new article includes a definition section and requires cell
phone retailers to disclose to consumers that carrying cell phones in
their pants or bras may expose them to radio frequency radiation that
exceeds federal guidelines.

Section two states the effective date.

 
JUSTIFICATION:

The federal government established "Specific Absorption Rates" (SAR) for
cell phones in 1996. The SAR is a measure of the rate that the body
absorbs radiofrequency energy. The protocols for testing the SAR for
cell phones assumed cell phones were carried a small distance from the
body, 10-15 millimeters.

The Federal Communications Commission requires cell phone manufacturers
to include disclosure and warnings related to the SAR in cell phone user
manuals. In the manuals, manufacturers recommend consumers use cell
phones in conjunction with hands-free devices and warn consumers not to
wear cell phones against their bodies. Since manufacturers bury the
disclosures in fine print and difficult to understand language, consum-
ers are not generally aware of these safety recommendations. As a
result, consumers commonly carry cell phones at distances closer to the
body than the safety recommendations specify.

Consumers may change their behavior protect themselves better if they
know the manufacturer's recommendations. This bill ensures that consum-
ers have the information they need to decide the extent and nature of
their exposure to radiofrequency radiation.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2021-S8840 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8840
 
                             I N  S E N A T E
 
                              April 22, 2022
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   notice to consumers of radio frequency exposure from cell phones
 
   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
 19-A to read as follows:
                               ARTICLE 19-A
     NOTICE TO CELL PHONE CUSTOMERS REGARDING RADIO FREQUENCY EXPOSURE
 SECTION 310. DEFINITIONS.
         311. REQUIRED NOTICE.
         312. VIOLATIONS; REMEDIES.
   § 310. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS  SHALL  HAVE  THE  FOLLOWING MEANINGS, UNLESS THE CONTEXT REQUIRES
 OTHERWISE.
   1. "CELL PHONE" MEANS A PORTABLE WIRELESS  TELEPHONE  DEVICE  THAT  IS
 DESIGNED  TO SEND OR RECEIVE TRANSMISSIONS THROUGH A CELLULAR RADIOTELE-
 PHONE SERVICE, AS DEFINED IN SECTION 22.99 OF TITLE 47 OF  THE  CODE  OF
 FEDERAL  REGULATIONS. A CELL PHONE DOES NOT INCLUDE A WIRELESS TELEPHONE
 DEVICE THAT IS INTEGRATED INTO THE ELECTRICAL ARCHITECTURE  OF  A  MOTOR
 VEHICLE.
   2.  "CELL  PHONE  RETAILER"  MEANS  ANY PERSON OR ENTITY THAT SELLS OR
 LEASES, OR OFFERS TO SELL OR LEASE, CELL PHONES TO THE PUBLIC, INCLUDING
 FORMULA CELL PHONE RETAILERS.  "CELL PHONE RETAILER" SHALL NOT  INCLUDE:
 (A)  ANYONE  SELLING OR LEASING CELL PHONES OVER THE TELEPHONE, BY MAIL,
 OR OVER THE INTERNET; OR (B)  ANYONE  SELLING  OR  LEASING  CELL  PHONES
 DIRECTLY  TO  THE  PUBLIC AT A CONVENTION, TRADE SHOW, OR CONFERENCE, OR
 OTHERWISE SELLING OR LEASING CELL PHONES DIRECTLY TO THE PUBLIC ON FEWER
 THAN TEN DAYS IN A YEAR.
   3. "FORMULA CELL PHONE RETAILER" MEANS  A  CELL  PHONE  RETAILER  THAT
 SELLS  OR  LEASES CELL PHONES TO THE PUBLIC, OR WHICH OFFERS CELL PHONES
 FOR SALE OR LEASE, THROUGH A RETAIL SALES ESTABLISHMENT THAT, ALONG WITH
 ELEVEN OR MORE OTHER RETAIL SALES ESTABLISHMENTS LOCATED IN  THE  UNITED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15405-01-2
 S. 8840                             2
 
 STATES,  MAINTAINS TWO OR MORE OF THE FOLLOWING FEATURES: A STANDARDIZED
 ARRAY OF MERCHANDISE; A STANDARDIZED FACADE; A  STANDARDIZED  DECOR  AND
 COLOR SCHEME; A UNIFORM APPAREL; STANDARDIZED SIGNAGE; OR A TRADEMARK OR
 SERVICE MARK.
   § 311. REQUIRED NOTICE. 1. A CELL PHONE RETAILER SHALL PROVIDE TO EACH
 CUSTOMER WHO BUYS OR LEASES A CELL PHONE A NOTICE CONTAINING THE FOLLOW-
 ING LANGUAGE:
   "NEW  YORK  STATE  LAW  REQUIRES  THAT  YOU  BE PROVIDED THE FOLLOWING
 NOTICE:
   TO ASSURE SAFETY, THE FEDERAL GOVERNMENT  REQUIRES  THAT  CELL  PHONES
 MEET  RADIO FREQUENCY (RF) EXPOSURE GUIDELINES. IF YOU CARRY OR USE YOUR
 PHONE IN A PANTS OR SHIRT POCKET OR TUCKED INTO A BRA WHEN THE PHONE  IS
 ON  AND  CONNECTED  TO  A  WIRELESS  NETWORK, YOU MAY EXCEED THE FEDERAL
 GUIDELINES FOR EXPOSURE TO RF RADIATION. REFER TO  THE  INSTRUCTIONS  IN
 YOUR  PHONE  OR  USER MANUAL FOR INFORMATION ABOUT HOW TO USE YOUR PHONE
 SAFELY."
   2. THE NOTICE REQUIRED BY THIS SECTION SHALL  EITHER  BE  PROVIDED  TO
 EACH  CUSTOMER  WHO  BUYS OR LEASES A CELL PHONE OR SHALL BE PROMINENTLY
 DISPLAYED AT ANY POINT OF  SALE  WHERE  CELL  PHONES  ARE  PURCHASED  OR
 LEASED.  IF  PROVIDED  TO  THE  CUSTOMER, THE NOTICE SHALL BE PRINTED ON
 PAPER THAT IS NO LESS THAN FIVE INCHES BY  EIGHT  INCHES  IN  SIZE,  AND
 SHALL BE PRINTED IN NO SMALLER THAN AN EIGHTEEN-POINT FONT. THE PAPER ON
 WHICH  THE  NOTICE  IS  PRINTED  MAY  CONTAIN  OTHER  INFORMATION IN THE
 DISCRETION OF THE CELL PHONE RETAILER, AS LONG AS  THAT  INFORMATION  IS
 DISTINCT  FROM  THE  NOTICE LANGUAGE REQUIRED BY SUBDIVISION ONE OF THIS
 SECTION. IF PROMINENTLY DISPLAYED AT A POINT OF SALE, THE  NOTICE  SHALL
 BE  PRINTED ON A POSTER NO LESS THAN EIGHT AND ONE-HALF INCHES BY ELEVEN
 INCHES IN SIZE, AND SHALL BE PRINTED IN NO SMALLER THAN  A  TWENTY-EIGHT
 POINT FONT.
   3. A CELL PHONE RETAILER THAT BELIEVES THE NOTICE LANGUAGE REQUIRED BY
 SUBDIVISION  ONE  OF  THIS SECTION IS NOT FACTUALLY APPLICABLE TO A CELL
 PHONE MODEL THAT RETAILER OFFERS FOR SALE OR LEASE MAY  REQUEST  PERMIS-
 SION  TO  NOT  PROVIDE THE NOTICE REQUIRED BY THIS SECTION IN CONNECTION
 WITH SALES OR LEASES OF THAT MODEL OF CELL PHONE. SUCH PERMISSION  SHALL
 NOT BE UNREASONABLY WITHHELD.
   § 312. VIOLATIONS; REMEDIES. 1. WHENEVER THERE SHALL BE A VIOLATION OF
 THIS  ARTICLE, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN THE
 NAME OF THE PEOPLE OF THE STATE OF NEW YORK  TO  A  COURT  OF  COMPETENT
 JURISDICTION BY A SPECIAL PROCEEDING FOR THE IMPOSITION OF A FINE OR THE
 ISSUANCE  OF  AN  INJUNCTION AGAINST ANY VIOLATION OF THIS ARTICLE, UPON
 NOTICE TO SUCH RETAILER NOT LESS THAN FIVE DAYS, TO ENJOIN AND  RESTRAIN
 THE CONTINUANCE OF SUCH VIOLATIONS.
   2.  ANY  PERSON  FOUND  BY  A  COURT OF COMPETENT JURISDICTION TO HAVE
 VIOLATED A PROVISION OF THIS ARTICLE SHALL BE SUBJECT TO  A  PENALTY  OF
 ONE THOUSAND DOLLARS FOR EACH VIOLATION. EACH INDIVIDUAL CELL PHONE THAT
 IS  SOLD  OR  LEASED  CONTRARY  TO  THE PROVISIONS OF THIS ARTICLE SHALL
 CONSTITUTE A SEPARATE VIOLATION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S8840

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2021-S8840 (ACTIVE) - Details

2021-S8840 (ACTIVE) - Summary

2021-S8840 (ACTIVE) - Sponsor Memo

2021-S8840 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kevin Thomas

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

2021-S8840 (ACTIVE) - Details

2021-S8840 (ACTIVE) - Summary

2021-S8840 (ACTIVE) - Sponsor Memo

2021-S8840 (ACTIVE) - Bill Text download pdf

Comments