THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KULA, DERMODY, PALLONE, KORTZ, BOBACK, BRENNAN, CREIGHTON, DENLINGER, GEIST, HARHAI, HENNESSEY, HORNAMAN, JOSEPHS, W. KELLER, MAHONEY, MURT, PICKETT, READSHAW, SIPTROTH, K. SMITH, J. TAYLOR, VULAKOVICH, WALKO AND McILVAINE SMITH, APRIL 29, 2009

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 29, 2009  

AN ACT

Amending the act of December 17, 1968 (P.L.1224, No.387),

entitled "An act prohibiting unfair methods of competition

and unfair or deceptive acts or practices in the conduct of

any trade or commerce, giving the Attorney General and

District Attorneys certain powers and duties and providing

penalties," imposing requirements on the use of radio

frequency identification systems.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of December 17, 1968 (P.L.1224, No.387),

known as the Unfair Trade Practices and Consumer Protection Law,

reenacted and amended November 24, 1976 (P.L.1166, No.260), is

amended by adding a section to read:

Section 9.4.  Use of Radio Frequency Identification

Systems.--(a)  (1)  An entity that uses a radio frequency

identification system that includes readers placed in a public

area frequented by consumers shall display a sign placed in a

conspicuous location and printed in a conspicuous type size that

is in contrast with the background against which it appears. The

sign shall be readable by consumers before they come into

contact with the RFID system. The sign shall state that:

(i)  Radio frequency identification technology is in use.

(ii)  The radio frequency identification tag contains

information about the product that can be accessed by a reader

both before and after a purchase.

(iii)  A description of the purpose of a reader.

(2)  Any product that contains a radio frequency

identification tag shall contain a logo or identifier on the

product or packaging and a label placed in a conspicuous

location and printed in a conspicuous type size that is in

contrast with the background against which it appears. The label

shall state that:

(i)  The product contains a radio frequency identification

tag.

(ii)  The radio frequency identification tag contains

information about the product that can be accessed by a reader

both before and after the purchase.

(3)  Any person or entity that sells or issues to a consumer

an object equipped with a radio frequency identification tag

that is not disabled, deactivated or removed at the point of

sale or issuance shall:

(i)  Make the exact location of the radio frequency

identification tag available to the consumer.

(ii)  Post signs in a conspicuous place that provides

information to the consumer on how to deactivate or remove the

radio frequency tag.

(iii)  Attach the tag in such manner as to allow individuals

to remove the tag after the object has been purchased or issued

without damaging the object.

(4)  A consumer may file a complaint alleging a violation of

this section with the Bureau of Consumer Protection in the

Office of Attorney General.

(b)  As used in this section:

"Clear and conspicuous" in reference to a notice means that

the notice is reasonably understandable and designed to call

attention to the nature and significance of the information

contained in the notice.

"Identify" means to establish the personal information of an

individual or any other identifying characteristic of an

individual including information linking an individual to

previous transactions or activities.

"Radio frequency identification" or "RFID" means a technology

that incorporates the use of electromagnetic or electrostatic

coupling in the radio frequency portion of the electromagnetic

spectrum that can be used to identify any object or person. This

includes, but is not limited to, any device including a reader

and tag that passively or actively uses radio frequency

identification technology that does not require physical contact

between the tag and reader in order to transmit data.

"Radio frequency identification system" or "RFID system"

means a combination of devices including, but not limited to,

RFID readers, tags, transmitters, processors, antennae,

computers, visual displays and automated checkout systems that

enable the owner or user of the devices to track, monitor,

record, identify, process, charge for, surveil, read, encode,

decode or disable a radio frequency identification tag.

"Radio frequency identification tag" or "tag" means an

identifier comprised of tags, product codes, chips, circuits or

other triggering devices which contain identification

information, data signals or other information related to the

product, manufacturer, contents, serial number, date, purchaser,

seller, destination, origin, package, carton, material, object

or person to which they are attached, embedded or associated,

and which information, including personal information or data,

is capable of being wirelessly transmitted to or read by an RFID

reader or RFID system.

"Radio frequency reader" or "reader" means a device capable

of reading, activating, triggering or receiving information or

data from a radio frequency identification tag.

Section 2.  This act shall take effect in 60 days.