BILL ANALYSIS
SB 1212
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 1212
AUTHOR: Leno
AMENDED: Introduced
FISCAL: No HEARING
DATE:April 19, 2010
URGENCY: No CONSULTANT:
Rachel Machi Wagoner
SUBJECT : CELL PHONES: SPECIFIC ABSORPTION RATE
DISCLOSURE
SUMMARY :
Existing federal law requires the Federal Communication
Commission (FCC) to regulate the cellular phone industry,
radio and other media related fields.
This bill enacts the Cellular Telephone Devices Law that:
1) Defines "cellular phone device," "hands-free device," and
"Specific Absorption Rate."
2) Requires the following to be prominently displayed by the
seller immediately adjacent to the displayed purchase price
in retail and on web locations:
"This device emits radiation. The federal specific
absorption rate (SAR: a measure of radiation) limit is
. This device emits a maximum of __ when held at
the ear and a maximum of when attached at the
body."
3) Requires the retailer to list the maximum SAR for
hands-free devices, used with cell phones as reported to
the FCC.
a) Requires the following phrase be printed on the
exterior of the package of all cell phone devices sold
in California:
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"This device emits radiation. The federal specific
absorption rate (SAR: a measure of radiation) limit is
. This device emits a maximum of when held at
the ear and a maximum of when attached at the
body."
4) Requires that the maximum SAR value, as reported to the FCC
by the manufacturer, for each mode of use of the cell phone
be printed in the instruction manual provided with the
phone as follows:
"This device emits radiation. The federal specific
absorption rate (SAR: a measure of radiation) 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."
COMMENTS :
1)Purpose of Bill . According to the author, "cell phones are
one of the most sophisticated items we carry, and they are
in nearly constant communication with cell phone towers,
Wi-Fi networks and GPS satellites. Most people don't
realize that the radio frequencies emitted by our phones may
affect our bodies in ways we do not yet fully understand.
For every scientist or study suggesting no connection
between cell phone usage and human health, there are just as
many scientists and studies that indicate otherwise.
Long term use -- regular personal use for more than ten years
- has not been thoroughly studied. The impact of early cell
phone use by children is also unknown. Without giving it a
second thought, we'll hold a cell phone to our head during a
call or carry it around in our pocket the entire day. Many
parents will provide phones to their kids or allow their
young children to use a cell phone. As these use patterns
get repeated over the years and over decades, we want to be
certain that we operate these devices in the safest manner
possible for ourselves, our family and especially for our
children.
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SB 2112 would help consumers make informed decisions about the
cell phone they use, or that they intend to use, through the
disclosure of a cell phone's radiation (known as the
Specific Absorption Rate or SAR) level at the point of sale,
on the cell phone's packaging and in the instruction manual.
By making this information available where the devices are
offered for sale, a consumer can compare SAR levels just as
they do now with other device-specific information currently
provided by retailers at the point-of-sale.
SB 1212 is intended to eliminate the difficulty and confusion
that consumers experience in obtaining and comparing the SAR
values for devices now."
2)Wireless Phones and Radiofrequency . Wireless telephones are
hand-held phones with built-in antennas, often called cell,
mobile, or PCS phones. When you talk into a wireless
telephone, it picks up your voice and converts the sound to
radiofrequency energy (or radio waves). The radio waves
travel through the air until they reach a receiver at a
nearby base station. The base station then sends your call
through the telephone network until it reaches the person
you are calling.
When you receive a call on your wireless telephone, the
message travels through the telephone network until it
reaches a base station close to your wireless phone. Then
the base station sends out radio waves that are detected by
a receiver in your telephone, where the signals are changed
back into the sound of a voice.
The human body absorbs some of those radio frequency waves.
The level of radiation emitted from a cell phone and
absorbed by the human brain and body is called the Specific
Absorption Rate (SAR). The SAR values range in cell phones
from 0.2 to 1.6 W/kg (watts of energy absorbed per kilogram
of body weight).
3)The FCC wireless regulations . Since 1996, the FCC has
required that all wireless communications devices sold in
the United States meet minimum guidelines for safe human
exposure to radio frequency (RF) energy. The FCC relies on
the expertise of the Food and Drug Administration (FDA) and
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other federal health, safety and environmental agencies to
help determine safe levels for human exposure to RF energy.
In adopting its guidelines for RF exposure, the FCC
considered opinions from these agencies as well as limits
recommended by two non-profit, expert organizations, the
Institute of Electrical and Electronics Engineers (IEEE),
and the National Council on Radiation Protection and
Measurements (NCRP).
The FCC's guidelines specify exposure limits for hand-held
wireless devices in terms of the Specific Absorption Rate
(SAR). The SAR is a measure of the rate that RF energy is
absorbed by the body. For exposure to RF energy from
wireless devices, the allowable FCC SAR limit is 1.6 watts
per kilogram (W/kg), as averaged over one gram of tissue.
The FCC approves all wireless devices sold in the US. If the
FCC determines that exposure from an approved wireless
device exceeds its guidelines, it can withdraw its approval.
In addition, if the FDA determines that RF exposure from a
device is hazardous, it can require the manufacturer of the
device to notify users of the health hazard and to repair,
replace, or recall the device.
Several US government agencies and international organizations
work cooperatively to monitor the health effects of RF
exposure. According to the FDA, to date the weight of
scientific evidence has not linked exposure to radio
frequency energy from mobile devices with any health
problems. Finally, the World Health Organization (WHO) has
established an International Electromagnetic Fields Project
to provide information on health risks, establish research
needs, and support efforts to harmonize RF exposure
standards.
Recent reports by some health and safety interest groups have
suggested that wireless device use can be linked to cancer
and other illnesses. These questions have become more
pressing as more and younger people are using the devices,
and for longer periods of time. According to the FCC, no
scientific evidence currently establishes a definite link
between wireless device use and cancer or other illnesses,
but almost all parties debating the risks of using wireless
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devices agree that more and longer-term studies are needed.
After listening to several expert witnesses, a U.S. Senate
committee recently came to this same conclusion.
The FCC holds that even though no scientific evidence
currently establishes a definite link between wireless
device use and cancer or other illnesses, some parties
recommend taking the precautions to reduce RF exposure and
the FCC posts those precautions on its website.
4)Cell Phone Radio Frequency Studies . The body of scientific
evidence to date does not show an association between radio
frequency from cell phones and health outcomes. However,
recently published peer-reviewed studies suggest that
long-term heavy use of cell phones may lead to an increased
incidence of brain and salivary glad tumors as well as other
health impacts.
The positions of the FDA, the FCC, the Center for Disease
Control and Prevention, and the National Cancer Institute
are that the weight of the current scientific evidence has
not conclusively linked cell phones with health problems.
However, additional data is needed.
5)Other nations . Because of the recent studies raising
concerning long-term exposure to cell phone radio frequency
and indications that children absorb more of the radiation
emitted than adults, many nations have independently issued
additional warning to consumers about SAR levels and use of
cell phones by children. Among those countries are France,
the United Kingdom, Switzerland, the European Union member
states, Germany, Canada, Israel, Finland and Russia.
6)Arguments in Support . According to the proponents, "more
than 4 million people around the globe use cellular phones.
But, worldwide, government agencies, public health experts,
and university researchers have raised concerns about
possible effects of cell phone radiation on human health.
While the scientific evidence is not conclusive and more
research is needed, several major studies now link cell
phone use to cancer and other adverse health effects.
Questions around potential health effects and the adequacy of
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current U.S. standards are significant enough to warrant
basic precautionary measures that allow consumers to make
informed purchasing decisions. SB 1212 does not require any
kind of warning label on cell phones; rather it would simply
require retailers to disclose cell phone radiation levels at
the point-of-sale, and require manufacturers to print this
information on the box and in the user guide. It also
contains similar requirements for headsets that emit
radiation.
Supporters presented the following arguments:
The science is not definitive, but there is reason to
be concerned about cell phone radiation. While there is
conflicting evidence on the question of whether cell
phone radiation causes harm, there are now numerous
studies linking prolonged exposure to cell phone
radiation to increased risk of brain and salivary glad
tumors, childhood behavioral problems, migraines and
vertigo.
The U.S. government standards are outdated and provide
only a slim margin of safety. The FCC standard was set
14 years ago and was based on potential acute rather than
long-term health effects. It allows 20 times more
radiation to penetrate any individual body part compared
to the whole body exposure and has not been updated since
adopted. The latest research shows that the brain of a
5-8 year old child absorbs twice the amount of radiation
compared to an adult brain, but this was not accounted
for by the FCC when the standard was set.
Better information will give consumers the freedom to
make informed decisions. Not all cell phones emit the
same amounts of radiation and cannot be predicted by the
brand or number of phone features. This information must
be disclosed to the FCC, but is not displayed at retail
locations and is difficult to find on either the FCC's or
manufacturers' websites.
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SAR disclosure is good for business. SAR disclosure
at the point-of-sale will likely lead to larger demand
for low radiation cell phones and head set devices.
Disclosure would increase consumer confidence in cell
phone manufacturers. As the Financial Times wrote in
2009, "If the industry is really confident about its
products' safety, it should be more willing to display
radiation ratings."
The bottom line is a basic right-to-know issue for
consumers. While data gaps clearly remain and more
research needs to be conducted on the safety of cell
phone radiation, the questions are potential health
effects and the adequacy of current standards are
significant enough to warrant some type of precautionary
action. At a minimum, consumers should be provided with
cell phone radiation values at the point of sale so that
they can make informed purchasing choices.
7)Arguments in Opposition . According to the opponents, SB
1212 is "misguided, unnecessary and constitutes a de facto
unwarranted warning label that would burden California
retailers with additional regulations and significant costs
and will lead to substantial consumer confusion."
Opponents presented the following arguments:
SB 1212 is unnecessary as federal standards already
ensure wireless consumer safety, incorporating a
fifty-fold safety factor designed to provide for safe
exposure levels for all segments of the population.
The SAR value of wireless devices is already available
to consumers through a number or resources.
SB 1212 ignores the reality that the weight of
scientific evidence has concluded that the current FCC
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standards adequately protect cell phone consumers from
potential adverse effects from radio frequency emissions.
SB 1212 would not provide useful information to
consumers and would, in fact, unnecessarily lead to
consumer confusion and erroneously imply that some phones
sold in California are safer than others.
SB 1212 would require business owners to redirect
employees away from customer service to ensure the
wireless phone displays were in compliance.
SB 1212 is anti-competitive. If a business receives a
new shipment of phones or devices but doesn't have the
right type of stickers for display, then by law, the
retailer couldn't sell those devices even if other
retailers in the area were selling them.
Retailers that sell prepaid phones would face unique
challenges because prepaid phones are usually sold on a
rack or a peg on the wall.
SB 1212 is federally preempted. Any attempt by state
governments to regulate RF emissions from wireless
devices on the basis of alleged safety concerns is
preempted by federal law; states simply have no authority
to act in this area since the federal government
completely occupies the field of regulating standards of
radiofrequency emissions.
Wireless technology has been the economic engine in
California, attracting large investments in local
innovating companies that are central to California's new
job creation. SB 1212 unnecessarily sends a signal to
investors to invest elsewhere.
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SOURCE : Environmental Working Group
SUPPORT : Breast Cancer Fund
OPPOSITION : AT&T, CalChamber, California Grocers
Association, California Manufacturers and
Technology Association, Connect, Consumer
Electronics Association, Consumer Electronics
Retailers Coalition, Cricket, CVS Pharmacy,
Motorola, Qualcomm, Sprint, T Mobile,
TechAmerica, Tech Net, Verizon Wireless