BILL REQ. #:  S-1777.2 

Read first time 02/14/2007.   Referred to Committee on Consumer Protection & Housing.

     AN ACT Relating to radio frequency identification notification; and adding a new chapter to Title 19 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Consumer" means a person who purchases a retail product from a retailer.
     (2) "Package" means any type of container, article, or item that is used to pack, contain, or hold a retail product in the form in which the retail product is sold to the consumer. "Package" includes, without limitation, a box, bag, bottle, can, or jar.
     (3) "Radio frequency identification tag" means a device that (a) is attached to, embedded in, or made part of a retail product or its package; and (b) uses radio waves or other wireless technology to transmit a unique electronic product code.
     (4) "Retail product" means any type of product, good, or commodity that is intended to be sold at retail.
     (5) "Retailer" means a person who is engaged in the business of selling retail products directly to consumers.
     (6) "Unique electronic product code" means a number or identifier that (a) uniquely identifies an individual retail product; (b) is stored and transmitted electronically; and (c) is used for the control and management of inventories of retail products.

NEW SECTION.  Sec. 2   (1) If a person produces, manufactures, packages, distributes, or sells a retail product and the person has caused a radio frequency identification tag to be attached to, embedded in, or made part of the retail product or its package, the person shall ensure that the retail product or its package bears a label which notifies consumers of the existence of the radio frequency identification tag.
     (2) If a retailer knows or reasonably should know that a retail product or its package has a radio frequency identification tag, the retailer shall not sell the retail product to a consumer unless the retail product or its package bears the label required pursuant to this section.
     (3) The label required pursuant to this section must, at a minimum (a) inform the consumer that the retail product or its package has a radio frequency identification tag which can transmit unique identification information before and after purchase of the retail product; (b) be in a conspicuous location on the retail product or its package; and (c) be printed in a size of type and in a manner that is conspicuous and contrasts with the background on which the notice appears.

NEW SECTION.  Sec. 3   Any business that uses a radio frequency identification tag shall disclose to consumers that such a device is in use. The disclosure must be in a conspicuous location and be printed in a size of type and in a manner that is conspicuous to the average consumer.

NEW SECTION.  Sec. 4   The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for purposes of applying the consumer protection act, chapter 19.86 RCW.

NEW SECTION.  Sec. 5   The remedies, duties, and prohibitions set forth in this chapter are not exclusive and are in addition to any other remedies, duties, and prohibitions provided by law.

NEW SECTION.  Sec. 6   Sections 1 through 5 of this act constitute a new chapter in Title 19 RCW.