Bill Text: CA SB1212 | 2009-2010 | Regular Session | Amended
Bill Title: Cellular telephone devices: specific absorption rate
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-06-24 - Placed on inactive file on request of Senator Leno. [SB1212 Detail]
Download: California-2009-SB1212-Amended.html
BILL NUMBER: SB 1212 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 28, 2010
AMENDED IN SENATE APRIL 22, 2010
INTRODUCED BY Senator Leno
FEBRUARY 18, 2010
An act to add Chapter 5.5 (commencing with Section 108667) to Part
3 of Division 104 of the Health and Safety Code, relating to
cellular telephones.
LEGISLATIVE COUNSEL'S DIGEST
SB 1212, as amended, Leno. Cellular telephone devices: specific
absorption rate disclosure.
Existing law regulates the labeling requirements for various
consumer products.
This bill would require specific language relating to the specific
absorption rate, as defined, to be included at the point of sale
on the Internet Web site of a phone service provider or
manufacturer , on the exterior packaging, and in the
instruction manuals of cellular telephone devices, as defined, that
are sold in the State of California.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Four billion people around the globe own cell phones. As the
market for new devices has grown, so have concerns about the safety
of cell phone radiofrequency energy long-term
exposure to the radiofrequency energy emitted by cell phones .
(b) While the science is incomplete about cell phone safety,
consumers have a right to know how much radiofrequency energy their
cell phones emit as measured by the specific absorption rate (SAR).
(c) Given children's thinner skulls, smaller head
sizes, and still developing brains, they may be more
susceptible to the effects of long-term exposure to
radiofrequency energy effects than adults.
(d) More adolescents are using cell phones and hands-free devices
as our society becomes more mobile.
(e) The SAR values of phones can be confusing and several models
have different values for different "modes" of cellular telephone
devices.
(f)
(e) There is growing public concern about the long-term
health effects of exposure to cell phone radiofrequency energy
and the effects that radiofrequency energy can have on both
the head and the body. .
(g)
(f) Cell phones are an important tool of communication,
especially during times of emergency, and the government should
ensure that wireless devices are safe for long-term use.
SEC. 2. Chapter 5.5 (commencing with Section 108667) is added to
Part 3 of Division 104 of the Health and Safety Code, to read:
CHAPTER 5.5. CELLULAR TELEPHONE DEVICES
108667. For purposes of this chapter the following definitions
shall apply:
(a) "Cellular telephone device" means either a cellular telephone
or a hands-free device that emits at least 0.001 W/kg (watts per
kilogram) of radiofrequency energy, including, but not limited to,
hands-free devices used in combination with a cellular telephone.
"Cellular telephone device" includes products that are shipped from
the manufacturer or that have been reconditioned by the manufacturer
or someone authorized by the original manufacturer. "Cellular
telephone device" does not include products that are sold, either new
or used, by a person not authorized by the manufacturer.
(b) "Hands-free device" means a wireless device used when placing
or receiving a call on a cellular telephone device that emits at
least 0.001 W/kg of radiofrequency energy when the device is
worn as directed by the manufacturer .
(c) "Specific absorption rate" or "SAR" means the highest detected
value of radiofrequency energy averaged over one gram of
tissue in the shape of a cube. The standard unit of peak spatial
average SAR is the watt per kilogram (W/kg). The SAR value to be used
for disclosure pursuant to this chapter is the SAR value reported to
the Federal Communications Commission (FCC) by the manufacturer.
108667.3. (a) The SAR for a cellular telephone device that is
available for purchase by the public in the state shall be
prominently displayed by the seller immediately adjacent to the
displayed purchase price. This provision applies to both
physical retail locations and retailers' Internet Web sites. The
only to phone service providers' and manufacturers'
Internet Web sites. It does not apply to a physical retail location.
The following phrase shall be clearly printed: "This device
emits radiofrequency energy. The federal specific absorption rate
(SAR; a measure of radiofrequency energy) limit is ____. This device
emits a maximum of ____ when held at the ear and a maximum
of ____ when attached to the body." ____."
(b) The retailer manufacturer for
hands-free devices designed to be used with cellular telephone
devices shall list the maximum SAR value, as reported to the FCC,
when the device is worn as directed by the telephone manufacturer.
108667.5. The following phrase shall be printed on the exterior
of the packaging or on a label attached to the exterior packaging of
all cellular telephone devices sold in the state: "This device emits
radiofrequency energy. The federal specific absorption rate (SAR; a
measure of radiofrequency energy) limit is ____. This device emits a
maximum of ____ when held at the ear and a maximum of ____
when attached to the body." ____."
108667.7. The maximum SAR value, as reported to the FCC by the
manufacturer, for each mode of use of the cellular telephone device
for the head and body shall be included in all instruction manuals
packaged and sold with the cellular telephone device, including the
following phrase: "This device emits radiofrequency energy. The
federal specific absorption rate (SAR; a measure of radiofrequency
energy) limit is ____. When used in mode ____ this device emits a
maximum of ____ per 1 gram of tissue when held at the head and a
maximum of ____ per 1 gram of tissue when attached to the body."
