I
103D CONGRESS
1ST SESSION
H. R. 1665
To direct the Secretary of Energy to establish labeling requirements for
products that emit low-frequency electromagnetic fields.
IN THE HOUSE OF REPRESENTATIVES
APRIL 2, 1993
Mrs. BYRNE introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To direct the Secretary of Energy to establish labeling re-
quirements for products that emit low-frequency electro-
magnetic fields.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Electromagnetic Label-
ing Act of 1993’’.
SEC. 2. LABELING REQUIREMENTS FOR PRODUCTS THAT
EMIT ELECTROMAGNETIC FIELDS.
(a) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, the Secretary of Energy
shall establish uniform labeling requirements for each
product described in subsection (b).
(b) COVERED PRODUCTS.—The products referred to
in subsection (a) are—
(1) products that emit low-frequency electric
and magnetic fields of which the strength is not less
than 100 millivolts per meter and 1 Gauss, respec-
tively, when measured at a distance which is one
inch from the product; and
(2) any other products the Secretary of Energy
classifies as a covered product under this section in
order to carry out this Act.
(c) LABELING CONTENT.—The labeling required for
a product under the requirements established pursuant to
subsection (a) shall—
(1) contain information regarding the strength
of the low-frequency electromagnetic fields emitted
by the product;
(2) reasonably enable the purchaser and user of
the product to make choices and comparisons among
products; and
(3) be simple, placed on the outside of the prod-
uct, and, where appropriate, consolidated with other
labels providing information to the purchaser and
user.
(d) CONSULTATION.—In establishing labeling re-
quirements pursuant to subsection (a), the Secretary of
Energy shall consult with the Federal Trade Commission,
the Secretary of Commerce, leaders of affected industry,
and consumer organizations.
SEC. 3. REQUIREMENTS OF MANUFACTURERS.
Each manufacturer of a product described in section
2(b) shall—
(1) provide a label for the product which meets
the requirements established pursuant to section
2(a) and contains the labeling content described in
section 2(c);
(2) maintain data derived from tests conducted
on the product for the strength of emitted electro-
magnetic fields; and
(3) annually submit to the Secretary of Energy,
at a time specified by the Secretary, the data de-
scribed in paragraph (2).
SEC. 4. CIVIL PENALTIES.
(a) IN GENERAL.—The Secretary of Energy may im-
pose a civil penalty against a manufacturer of a product
described in section 2(b) who commits a violation de-
scribed in subsection (b). The amount of a civil penalty
imposed under this subsection may not exceed—
(1) $100 for each violation described in sub-
section (b)(1); and
(2) $100 for each day during which a violation
described in paragraphs (2) and (3) of subsection
(b) occurs.
(b) VIOLATIONS FOR WHICH PENALTIES MAY BE IM-
POSED.—For purposes of subsection (a), a violation shall
be any of the following:
(1) A failure by the manufacturer of a product
described in section 2(b) to provide the label de-
scribed in section 3(1).
(2) A failure by the manufacturer of a product
described in section 2(b) to maintain the data de-
scribed in section 3(2).
(3) A failure by the manufacturer of a product
described in section 2(b) to make a submission de-
scribed in section 3(3).
(c) PROCEDURES FOR IMPOSITION OF CIVIL PEN-
ALTIES.—
(1) NOTICE.—Before issuing an order assessing
a civil penalty against a manufacturer under this
section, the Secretary of Energy shall provide to the
manufacturer a notice of the proposed penalty. The
notice shall provide information regarding the oppor-
tunity of the manufacturer to make an election in
writing within 30 days after the receipt of the notice
to have the procedures of paragraph (3) (in lieu of
the procedures of paragraph (2)) apply to the as-
sessment of the penalty.
(2) ASSESSMENT AFTER A HEARING ON THE
RECORD.—
(A) IN GENERAL.—Unless an election de-
scribed in paragraph (1) is made, the Secretary
of Energy shall assess a penalty under this sec-
tion by order, after a determination of a viola-
tion has been made on the record after an op-
portunity for a hearing in accordance with sec-
tion 554 of title 5, United States Code before
an administrative law judge appointed under
section 3105 of such title. The assessment
order shall include the findings of the adminis-
trative law judge and the basis for the assess-
ment.
(B) APPEAL.—A manufacturer against
whom a penalty is assessed under subparagraph
(A) may, within 60 calendar days after the date
of the order assessing the penalty, institute an
action in the United States court of appeals for
the appropriate judicial circuit for judicial re-
view of the order in accordance with chapter 7
of such title. The court shall have jurisdiction
to enter a judgment affirming, modifying, or
setting aside in whole or in part the order of
the Secretary of Energy, or the court may re-
mand the proceeding to the Secretary for such
further action as the court may direct.
(3) SUMMARY ASSESSMENT.—
(A) IN GENERAL.—In the case of a civil
penalty with respect to which an election de-
scribed in paragraph (1) is made, the Secretary
of Energy shall promptly assess the penalty by
order, after the date of the receipt of the notice
under paragraph (1) of the proposed penalty.
(B) ACTION
TO
AFFIRM
THE
ASSESS-
MENT.—If the civil penalty has not been paid
within 60 days after the assessment order has
been made under subparagraph (A), the Sec-
retary of Energy shall institute an action in the
appropriate district court of the United States
for an order affirming the assessment of the
penalty. The court shall have authority to re-
view de novo the law and the facts involved, and
shall have jurisdiction to enter a judgment en-
forcing, modifying, and enforcing as so modi-