Bill Text: PA HB1387 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Imposing requirements on the use of radio frequency identification systems.

Spectrum: Slight Partisan Bill (Democrat 15-9)

Status: (Introduced - Dead) 2009-04-29 - Referred to CONSUMER AFFAIRS [HB1387 Detail]

Download: Pennsylvania-2009-HB1387-Introduced.html

---

PRINTER'S NO. 1700
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1387 Session of2009
INTRODUCED BY KULA, DERMODY, PALLONE, KORTZ, BOBACK, BRENNAN, CREIGHTON, DENLINGER, GEIST, HARHAI, HENNESSEY, HORNAMAN, JOSEPHS, W. KELLER, MAHONEY, MURT, PICKETT, READSHAW, SIPTROTH, K. SMITH, J. TAYLOR, VULAKOVICH, WALKO AND McILVAINE SMITH, APRIL 29, 2009
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 29, 2009
AN ACT
Amending the act of December 17, 1968 (P.L.1224, No.387),
entitled "An act prohibiting unfair methods of competition
and unfair or deceptive acts or practices in the conduct of
any trade or commerce, giving the Attorney General and
District Attorneys certain powers and duties and providing
penalties," imposing requirements on the use of radio
frequency identification systems.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of December 17, 1968 (P.L.1224, No.387),
known as the Unfair Trade Practices and Consumer Protection Law,
reenacted and amended November 24, 1976 (P.L.1166, No.260), is
amended by adding a section to read:
Section 9.4. Use of Radio Frequency Identification
Systems.--(a) (1) An entity that uses a radio frequency
identification system that includes readers placed in a public
area frequented by consumers shall display a sign placed in a
conspicuous location and printed in a conspicuous type size that
is in contrast with the background against which it appears. The
sign shall be readable by consumers before they come into
contact with the RFID system. The sign shall state that:
(i) Radio frequency identification technology is in use.
(ii) The radio frequency identification tag contains
information about the product that can be accessed by a reader
both before and after a purchase.
(iii) A description of the purpose of a reader.
(2) Any product that contains a radio frequency
identification tag shall contain a logo or identifier on the
product or packaging and a label placed in a conspicuous
location and printed in a conspicuous type size that is in
contrast with the background against which it appears. The label
shall state that:
(i) The product contains a radio frequency identification
tag.
(ii) The radio frequency identification tag contains
information about the product that can be accessed by a reader
both before and after the purchase.
(3) Any person or entity that sells or issues to a consumer
an object equipped with a radio frequency identification tag
that is not disabled, deactivated or removed at the point of
sale or issuance shall:
(i) Make the exact location of the radio frequency
identification tag available to the consumer.
(ii) Post signs in a conspicuous place that provides
information to the consumer on how to deactivate or remove the
radio frequency tag.
(iii) Attach the tag in such manner as to allow individuals
to remove the tag after the object has been purchased or issued
without damaging the object.
20090HB1387PN1700 - 2 -
(4) A consumer may file a complaint alleging a violation of
this section with the Bureau of Consumer Protection in the
Office of Attorney General.
(b) As used in this section:
"Clear and conspicuous" in reference to a notice means that
the notice is reasonably understandable and designed to call
attention to the nature and significance of the information
contained in the notice.
"Identify" means to establish the personal information of an
individual or any other identifying characteristic of an
individual including information linking an individual to
previous transactions or activities.
"Radio frequency identification" or "RFID" means a technology
that incorporates the use of electromagnetic or electrostatic
coupling in the radio frequency portion of the electromagnetic
spectrum that can be used to identify any object or person. This
includes, but is not limited to, any device including a reader
and tag that passively or actively uses radio frequency
identification technology that does not require physical contact
between the tag and reader in order to transmit data.
"Radio frequency identification system" or "RFID system"
means a combination of devices including, but not limited to,
RFID readers, tags, transmitters, processors, antennae,
computers, visual displays and automated checkout systems that
enable the owner or user of the devices to track, monitor,
record, identify, process, charge for, surveil, read, encode,
decode or disable a radio frequency identification tag.
"Radio frequency identification tag" or "tag" means an
identifier comprised of tags, product codes, chips, circuits or
other triggering devices which contain identification
20090HB1387PN1700 - 3 -
information, data signals or other information related to the
product, manufacturer, contents, serial number, date, purchaser,
seller, destination, origin, package, carton, material, object
or person to which they are attached, embedded or associated,
and which information, including personal information or data,
is capable of being wirelessly transmitted to or read by an RFID
reader or RFID system.
"Radio frequency reader" or "reader" means a device capable
of reading, activating, triggering or receiving information or
data from a radio frequency identification tag.
Section 2. This act shall take effect in 60 days.
20090HB1387PN1700 - 4 -