- Floor Votes
Go to top
STATE OF NEW YORK ________________________________________________________________________ 222 2007-2008 Regular Sessions IN ASSEMBLY (Prefiled) January 3, 2007 ___________ Introduced by M. of A. PHEFFER, DESTITO -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to regulating the use of radio frequency identification tags by retail mercantile estab- lishments The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "radio frequency identification right to know act". 3 § 2. The general business law is amended by adding a new article 12-C 4 to read as follows: 5 ARTICLE 12-C 6 RADIO FREQUENCY IDENTIFICATION RIGHT TO KNOW 7 Section 219. Radio frequency identification right to know. 8 § 219. Radio frequency identification right to know. 1. Definitions. 9 As used in this article, the following terms shall have the following 10 meanings: 11 a. "Affiliate" means a person related to a retail mercantile estab- 12 lishment that carries on direct or related functions of such establish- 13 ment. 14 b. "Deactivate" means to disable or otherwise render unusable. 15 c. "Package" means any type of container, article, or item that is 16 used to contain or hold a retail product in the form in which the retail 17 product is sold to consumers. Such term shall not apply to pets or 18 domesticated animals. 19 d. "Personal information" means any information concerning a natural 20 person which, because of name, number, symbol, mark, or other identifi- 21 er, can be used to identify that natural person. 22 e. "Radio frequency identification" means any technology that uses 23 radio waves or other wireless means to transmit identifying information EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00407-01-7A. 222 2 1 between a tag, badge, or other device and a reader without physical 2 contact. 3 f. "Radio frequency identification tag" means a device that is 4 attached to, embedded in, or made part of a retail product or its pack- 5 age that uses radio frequency identification technology to transmit a 6 unique number or identifier to a reader. 7 g. "Reader" means a device that is capable of using radio waves or 8 other wireless means to communicate with, and read the information tran- 9 smitted by, a radio frequency identification tag. 10 2. Notices. a. Every retail mercantile establishment that sells or 11 offers for sale merchandise containing radio frequency identification 12 tags shall post a notice so informing consumers. Such notice shall 13 disclose that: 14 (1) the establishment offers items with radio frequency identification 15 tags; 16 (2) New York state law requires the establishment to remove or disable 17 all radio frequency identification tags before tagged items leave the 18 establishment; and 19 (3) the establishment is required to provide consumers, on request, 20 with personal information gathered within the establishment through the 21 radio frequency identification tags used in the establishment. 22 Such notice shall be posted on a sign affixed to each cash register or 23 point of sale at which such goods are offered for sale or on a sign so 24 situated as to be clearly visible to the buyer from each cash register. 25 b. No retail mercantile establishment shall sell or offer for sale 26 any item or package that contains or bears a radio frequency identifica- 27 tion tag unless such item or package is labeled with a notice stating 28 that such item or package contains or bears a radio frequency identifi- 29 cation tag, and that the radio frequency identification tag can transmit 30 unique identification information to an independent reader both before 31 and after purchase. Such label shall be posted on the item or package in 32 a conspicuous type size and location and in print that contrasts with 33 the background against which it appears. 34 c. Upon written request of a consumer, a retail mercantile establish- 35 ment that has gathered personal information through radio frequency 36 identification tags shall release to the requester all of the stored 37 personal information pertaining to the requester. Every retail mercan- 38 tile establishment shall make available to consumers a form for such 39 requests. 40 3. Removal. Every retail mercantile establishment that offers items or 41 packages that contain or bear radio frequency identification tags shall 42 remove or deactivate all tags at the point of sale. In addition: 43 a. all costs of whatsoever name or nature for the removal or deacti- 44 vation of a radio frequency identification tag shall be borne by the 45 retail mercantile establishment; 46 b. a retail mercantile establishment shall not coerce consumers into 47 keeping radio frequency identification tags on items or packages by 48 requiring items or packages to be exchanged, returned, repaired, or 49 serviced to contain or bear active tags; and 50 c. a radio frequency identification tag, once removed or deactivated, 51 shall not be reactivated without express consent of the consumer associ- 52 ated with the tagged item. 53 4. Aggregation of personal information and radio frequency identifica- 54 tion tag information. a. No retail mercantile establishment shall 55 combine or link a consumer's personal information with information gath- 56 ered by, or contained within, a radio frequency identification tag.A. 222 3 1 b. No retail mercantile establishment shall, directly or through an 2 affiliate, disclose to a nonaffiliated third party a consumer's personal 3 information associated with information gathered by, or contained with- 4 in, a radio frequency identification tag. 5 c. No retail mercantile establishment shall, directly or through an 6 affiliate or nonaffiliated third party, use information gathered by, or 7 contained within, a radio frequency identification tag to identify a 8 consumer. 9 5. Enforcement. Whenever there shall be a violation of this section, 10 an application may be made by the attorney general in the name of the 11 people of the state of New York, to a court or justice having jurisdic- 12 tion, by a special proceeding, to issue an injunction, and, upon notice 13 to the defendant of not less than five days, to enjoin and restrain the 14 continuance of such violation; and, if it shall appear to the satisfac- 15 tion of the court or justice that the defendant has, in fact, violated 16 this section, an injunction may be issued by the court or justice, 17 enjoining and restraining any further violations, without requiring 18 proof that any person has, in fact, been injured or damaged thereby. In 19 any such proceeding, the court may make allowances to the attorney 20 general, as provided in paragraph six of subdivision (a) of section 21 eighty-three hundred three of the civil practice law and rules, and 22 direct restitution. Whenever the court shall determine that a violation 23 of this section has occurred, the court may impose a civil penalty of 24 not more than five hundred dollars for each violation. Each sale, or 25 offering for sale, of an item or package in violation of this section 26 shall constitute a separate violation. In connection with any such 27 proposed application, the attorney general is authorized to take proof 28 and make a determination of the relevant facts and to issue subpoenas in 29 accordance with the civil practice law and rules. 30 § 3. If any item, clause, sentence, subparagraph, subdivision, 31 section, or other part of this act, or the application thereof to any 32 person or circumstances shall be held to be invalid, such holding shall 33 not affect, impair or invalidate the remainder of this act, or the 34 application of such section or part of a section held invalid, to any 35 other person or circumstances, but shall be confined in its operation to 36 the item, clause, sentence, subparagraph, subdivision, section, or other 37 part of this act directly involved in such holding, or to the person and 38 circumstances therein involved. 39 § 4. This act shall take effect January 1, 2009.