BILL NUMBER: SB 1212	INTRODUCED
	BILL TEXT


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 introduced, Leno. Cell phones: 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.
   (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) While the science is incomplete about cell phone safety,
consumers have a right to know how much radiation their cell phones
emit as measured by the specific absorption rate (SAR).
   (d) Given children's smaller head sizes, they may be more
susceptible to radiation effects than adults.
   (e) More adolescents are using cell phones and hands-free devices
as our society becomes more mobile.
   (f) The SAR values of phones can be confusing and several models
have different values for different "modes" of cellular telephone
devices.
   (g) There is growing public concern about the long-term health
effects of exposure to cell phone radiation and the effects that
radiation can have on both the head and the body.
   (h) 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 of radiation,
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.
   (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 Internet Web sites. The following
phrase shall be clearly printed: "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 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. 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 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. 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."