§ 1103.

REQUIREMENTS FOR CELL PHONE RETAILERS

a.

Beginning 15 days after the Department of the Environment adopts the regulations required under Section 1104(d), cell phone retailers must display in a prominent location visible to the public, within the retail store, an informational poster developed by the Department of the Environment as referenced in Section 1104.

b.

Beginning 15 days after the Department of the Environment adopts the regulations required under Section 1104(d), cell phone retailers must provided to every customer that purchases a cell phone a free copy of an informational factsheet developed by the Department of the Environment as referenced in Section 1104.  A copy of this factsheet must also be provided to any customer who requests it, regardless of whether they purchase a cell phone or not.

c.

Beginning 30 days after the Department of the Environment adopts the regulations required under Section 1104(d), if a cell phone retailer posts display materials in connection with sample phones or phones on display, the display materials must include these three informational statements, whose contents, and size, and format as printed, shall be determined by the Department of the Environment:

1.

A statement explaining that cell phones emit radiofrequency energy that is absorbed by the head and body;

2.

A statement referencing measures to reduce exposure to radiofrequency energy from the use of a cell phone; and,

3.

A statement that the informational factsheet referenced in subsection (b) is available from the cell phone retailer upon request.

d.

The Director may, in his or her discretion, authorize a retailer to use alternate means to comply with the requirements of subsections (a), (b) and (c). The Director shall authorize such alternate means through the adoption of a regulation after a noticed hearing, and no retailer may sell or lease cell phones to the public or offer to sell or lease cell phones to the public using any alternate means of compliance with this Chapter unless specifically authorized to do so in advance in writing by the Director.

History

(Added by Ord. 155-10, File No. 100104, App. 7/1/2010; Ord. 6-11, File No. 101419, App. 1/7/2011; amended by Ord. 165-11 , File No. 110656, App. 8/3/2011, Eff. 9/2/2011)

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