An Act To Create the Children's Wireless Protection Act
Maine Legislature, Session 126, LD 1013
Committee: Health and Human Services
Sponsors: BOLAND, COLLINS, EVANGELOS, HAYES, JONES, KUSIAK, NADEAU, NOON

Legislative Document 
No. 1013 
H.P. 711 
House of Representatives, March 14, 2013 
An Act To Create the Children's Wireless Protection Act 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BOLAND of Sanford. 
Cosponsored by Senator COLLINS of York and 
Representatives: EVANGELOS of Friendship, HAYES of Buckfield, JONES of Freedom, 
KUSIAK of Fairfield, NADEAU of Fort Kent, NOON of Sanford. 
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.  Short title 
This chapter may be known and cited as "the Children's Wireless Protection Act." 
§1538.  Warning labels for cellular telephones 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Cellular telephone" means a device used to access a wireless telephone service. 
2.  Prominence of instructions.  If a cellular telephone manufacturer includes safety 
notifications in its owner's manual, the cellular telephone manufacturer shall ensure that: 
A.  The full language of the safety notifications is plainly visible on the outside of the 
product packaging; or 
B.  A label is plainly visible on the outside of the product packaging alerting 
customers to the safety notifications.  The body of the notice must be in letters not 
less than 1/16 inch in height.  The initial words ''SAFETY NOTICE'' must appear in 
capital letters and in bold type at least 1/8 inch in height, followed by:  "For the 
Safety of You and Your Family, Please Read Guidance for Use" and language 
directing consumers to the page or pages of the owner's manual or other insert where 
the safety notifications may be found. 
3.  Warning label required.  A retailer of cellular telephones may not sell at retail in 
this State a cellular telephone unless the cellular telephone bears a warning label that is at 
least the size of the manufacturer's label on the device, is legible, is located in a 
prominent place that is conspicuous and not obscured by other written matter and 
contains the following statement: 
"This device emits radiofrequency electromagnetic fields.  Avoid direct contact." 
4.  Safety notification label requirement.  A retailer of cellular telephones may not 
sell at retail in this State a cellular telephone unless the requirements of subsection 2 are 
met. 
5.  No cost to retailers.  A cellular telephone manufacturer shall provide any safety 
notifications required under subsection 2 to retailers at no cost. 
6.  Information bulletin.  A retailer of cellular telephones shall provide to a 
purchaser of a cellular telephone printed information that is in the form of a separate 
bulletin in bold print that contrasts with the color of the bulletin and has a font size of a 
minimum of 18 point stating: 
"MAINE REVISED STATUTES, Title 22, chapter 261-B 
requires that we notify you that: 
1.  'The World Health Organization, International Agency for Research on Cancer has 
classified radiofrequency electromagnetic fields as possibly carcinogenic to humans 
(Group 2B), based on an increased risk for glioma, a malignant type of brain cancer, 
associated with wireless phone use...  This has relevance for public health, particularly for 
users of mobile phones, as the number of users is large and growing, particularly among 
young adults and children.'  World Health Organization press release, May 31, 2011 
2.  Manufacturers' manuals provide guidance to avoid direct contact with head and body 
and commentary on ways to reduce excessive exposure, if you choose, such as: 
A.  Limiting use by children; 
B.  Keeping away from reproductive organs; and 
C.  Operating with a wired headset." 
7.  Violation.  A violation of this chapter is a violation of the Maine Unfair Trade 
Practices Act. 
SUMMARY 
This bill provides that a retailer may not sell at retail in this State a cellular telephone 
unless the cellular telephone and its packaging bear a warning label relating to the 
potential health effects associated with nonthermal effects of cellular telephone radiation. 
It requires the manufacturer of the cellular telephone to provide the warning labels to the 
retailer at no cost to the retailer. The bill also requires that any safety notification supplied 
by a cellular telephone manufacturer must have the language of the safety notification 
plainly visible on the outside of the product package or, if using a label, the label must be 
plainly visible on the outside of the package.  This bill also requires the retailer to provide 
an information bulletin to the purchaser of a cellular telephone informing the purchaser of 
potential health risks associated with the use of cellular telephones.  A violation of this 
provision is a violation of the Maine Unfair Trade Practices Act.