BILL NUMBER: SB 1212 AMENDED
BILL TEXT
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. Cell phones:
Cellular telephone dev ices: 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 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 radiation radiofrequency energy
.
(b) Recent studies find significantly higher risks for brain and
salivary gland tumors among people using cell phones for 10 years or
longer. The state of the science is provocative and troubling, and
much more research is essential.
(c)
(b) While the science is incomplete about cell phone
safety, consumers have a right to know how much radiation
radiofrequency energy their cell phones emit as
measured by the specific absorption rate (SAR).
(d)
(c) Given children's smaller head sizes, they may be
more susceptible to radiation radiofrequency
energy effects than adults.
(e)
(d) More adolescents are using cell phones and
hands-free devices as our society becomes more mobile.
(f)
(e) The SAR values of phones can be confusing and
several models have different values for different "modes" of
cellular telephone devices.
(g)
(f) There is growing public concern about the long-term
health effects of exposure to cell phone radiation
radiofrequency energy and the effects that
radiation radiofrequency energy can
have on both the head and the body.
(h)
(g) 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 radiation 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 amount of radiation of
radiofrequency energy .
(c) "Specific absorption rate" or "SAR" means the highest detected
value 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 retailer's retailers'
Internet Web sites. The following phrase shall be clearly
printed: "This device emits radiation
radiofrequency energy . The federal specific absorption rate
(SAR; a measure of radiation) 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 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
radiation radiofrequency energy . The
federal specific absorption rate (SAR; a measure of
radiation) 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 radiation
radiofrequency energy . The federal specific absorption
rate (SAR; a measure of radiation)
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."