2013 -- S 0008

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LC00249

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO COMMERCIAL LAW - CHILDREN'S WIRELESS PROTECTION ACT

     

     

     Introduced By: Senator V. Susan Sosnowski

     Date Introduced: January 16, 2013

     Referred To: Senate Corporations

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW - GENERAL

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REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter:

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     CHAPTER 54

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CHILDREN'S WIRELESS PROTECTION ACT

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     6-54-1. Short title. -- This chapter shall be known and may be cited as the "Children's

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Wireless Protection Act".

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     6-54-2. Definitions. -- As used in this chapter, unless the context otherwise indicates, a

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"cellular telephone" means any device used to access a wireless telephone service.

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     6-54-3. Warning label required. -- (a) A manufacturer of cellular telephones may not

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sell at retail in this state, to a retailer in this state, for use in this state a cellular telephone unless

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the device and its packaging bear a warning label that is legible, nonremovable, is located in a

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prominent place that is conspicuous and not obscured by other written matter, contrasts with the

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type, layout and color of the other printed matter, includes a color graphic symbol, appears on

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both the front and back of the packaging and contains the following statement:

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     “WARNING, THIS DEVICE EMITS ELECTROMAGNETIC RADIATION,

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EXPOSURE TO WHICH MAY CAUSE BRAIN CANCER. USERS, ESPECIALLY

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CHILDREN AND PREGNANT WOMEN, SHOULD KEEP THIS DEVICE AWAY FROM

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THE HEAD AND BODY.?

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     (b) The requirements of this subsection may not result in a cost to the retailer or

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distributor of cellular telephones.

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     6-54-4. Rulemaking. -- The department of health shall promulgate regulations to

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implement this chapter, including, but not limited to, regulations establishing requirements for

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uniform warning labels for cellular telephones and cellular telephone packaging under this

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chapter and shall contain a permanent nonremovable advisory for risk, in black type, except for

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the word “warning,? which must be large and in red, capital letters, all on a field in white.

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     SECTION 2. This act shall take effect January 1, 2014.

     

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LC00249

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COMMERCIAL LAW - CHILDREN'S WIRELESS PROTECTION ACT

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     This act would require all cellular telephones sold for use in Rhode Island to have affixed

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to the device and its packaging a prominent and conspicuous warning label that states the

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telephone emits electromagnetic radiation which may cause brain cancer specially to children and

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pregnant women users.

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     This act would take effect January 1, 2014.

     

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LC00249

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S0008