An Act To Create the Children's Wireless Protection Act
Maine Legislature, Session 124, LD 1706
Committee: Health and Human Services
Sponsors: BOLAND, BLISS, BERRY, DILL, DOSTIE, EVES, HAYES, LEGG, PENDLETON, PINGREE, RUSSELL, SCHATZ, STUCKEY, THERIAULT, BARTLETT

MAINE STATE LEGISLATURE 
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124th MAINE LEGISLATU E 
. SECOND REGULAR SESSION-2010 
Legislative Document. 
No. 1706 
. H.P; 1207 
House of Representatives, January 6, 2010 
An Act To Create the Children's Wireless Protection Act 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative BOLAND of Sanford. 
Cosponsored by Senator BLISS of Cumberland and 
'77/~./J1. 71Iac~{ 
MILLICENT M. MacFARLAND 
. Clerk 
Representatives: BERRY of Bowdoinham, DILL of Cape Elizabeth, DOSTIE of Sabattus, 
EVES of North Berwick, HAYES of Buckfield, LEGG of Kennebunk, PENDLETON of 
Scarborough, Speaker PINGREE of North Haven, RUSSELL of Portland, SCHATZ of Blue 
Hill, STUCKEY of Portland, THERIAULT of Madawaska, TRlNWARD of Waterville, 
TUTTLE ~fSanford, Senators: BARTLETT of Cumberland, MARRACHE of!<ennebec; 
NUTTING of Androscoggin. 
Printed ('In recycled paper 
Be it enacted by the People of the State of Maine as follows: 
. Sec. 1. 22 MRSA c~ 261-B is enacted to read: 
CHAPTER 261-B 
CHILDREN'S WIRELESS PROTECTION ACT 
§1537. Warning labels for cellular telephones 
1. Definitions. As used in this section, ~nless the context otherwise indicates, the 
foIlowing terms have the foIl owing meanings. 
A ... "CeIlular telephone" means a device used to access a wireless telephone service .. 
2. Warning label required. A manufacturer of .ceIluhir telephones may not seIl at 
retail in this State, to a retailer in this State, or for use in this State a ceIlular telephone 
unless the ceIlular telephone and its packaging bear a warning label· that is legible, 
nonremovable, is located in a prominent place that is conspicuous and not obscured by 
other written matter, contrasts with the type, layout and color of the other printed matter; 
includes a color graphic symbol, appears on both the front and back of the packaging, 
takes up at least 30% of the· back surface of the ceIlular telephone and contains the 
fo I10wing statement: 
"WARNING, 
THIS 
DEVICE 
EMITS 
ELECTROMAGNETIC 
RADIATION, 
EXPOSURE TO WHICH MAY CAUSE BRAIN CANCER. USERS, ESPECIALLY 
CHILDREN AND PREGNANT WOMEN, SHOULD KEEP THIS DEVICE A WAY 
FROM THE HEAD AND BODY." 
The requirements of this subsection may not result in a cost to the retailer or distributor of 
cellular telephones. 
3. Violation. A violation of this section is a violation of the Maine Unfair Trade 
Practices Act. 
4. 
Rulemaking. 
The' department shaIl adopt rules to implement this section, 
including, but not limited to, rules establishing requirements for uniform warning labels 
for ceIlular telephones and ceIlular telephone packaging under this section. 
Rules 
adopted under this subsection are routine technical rules as defined by Title 5, chapter 
375, subchapter 2-A 
. 
Sec. 2. 
Rulemaking; requirements. 
In adopting initial rules establishing 
requirements for uniform warning labels pursuant to the Maine Revised Statutes, Title 22, 
32' 
section 1537, the Department of Health and Human Services shaIl adopt rules requiring 
that warning labels: 
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1. Be a permanent nonremovable advisory of risk, in black type, except fbrthe'word 
"warning," which must be large and in red, capital letters, all on a field of white, with a 
narrow red border; and 
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2, Include a color graphiC of "Brain of 5-year-old" depicted by O.P. Gandhi et aI., in 
IEEE Transactions on Microwave Theory and Techniques, "Electromagnetic Absorption 
in the H timan Head and Neck for Mobiletelephones at 835 and 1900 MHz," 1996 44( 10): 
1884-1897, which must be positioned beside the words of warning using small red arrows 
labeled "cell phone" and "radiation area," pointing to those respective areas ofthe.graphic 
and containing beneath th~ graphic the label, "Brain of 5-year-o.1d," with attribution in 
tiny print as appropriate, the entire graphic taking up 30% of the label. 
SUMMARY 
This bill provides that a manufacturer may not ,sell at retail in this State, or to a 
retailer in this State or for use in this State a cellular telephone unless, at no cost to the 
Maine retailer or Maine distributor, the cellular telephone and its packaging bear a 
warning label relating to the potential for brain cancer associated with electromagnetic 
radiation of the form emitted from cellular telephones, with the recommendation that 
users, especially children and pregnant women, keep the device away from the head and 
body. A violation of this provision is a violation of the Maine Unfair Trade Practices 
Act.