To require that commodities containing radio frequency identification
tags bear labels stating that fact, to protect consumer privacy, and
for other purposes.
15 U.S.C. 1453 is amended--
(1) by inserting the following under subsection (a) paragraph
(6):
'(7) A consumer commodity or package that contains or bears
a radio frequency identification tag shall bear a label as provided in paragraph
(9) of this subsection.
'(8) For purposes of paragraph (7) of this subsection the
term "radio frequency identification" or "RFID" means technologies that use
radio waves to automatically identify individual items; and the term "tag"
means a microchip that is attached to an antenna and is able to transmit
identification information.
'(9) A label required by paragraph (7) of this subsection
shall:
| '(A) |
state, at a minimum, that the consumer commodity
or package contains or bears a radio frequency identification tag, and
that the tag can transmit unique identification information to an independent
reader both before and after purchase; and |
| '(B) |
be in a conspicuous type-size and location
and in print that contrasts with the background against which it appears.'. |
21 U.S.C. 321 is amended--
(1) by inserting the following under subsection (mm):
| '(nn) |
(1) The term "radio frequency identification" or "RFID"
means technologies that use radio waves to automatically identify individual
items.
'(2) The term "tag" means a microchip that is attached
to an antenna and can transmit identification information.'.
|
21 U.S.C. 343 is amended--
(1) by inserting the following under subsection (v):
'(w) Radio Frequency Identification (RFID) Tags
'If the food or package contains an RFID tag, unless it
bears a label
'(1) stating, at a minimum, that the consumer commodity
or package contains or bears a radio frequency identification tag, and
that the tag can transmit unique identification information to an independent
reader both before and after purchase; and
'(2) in a conspicuous type-size and prominent location
and in print that contrasts with the background against which it appears.'.
21 U.S.C. 352 is amended--
(1) by inserting the following under subsection (t):
'(u) Radio Frequency Identification (RFID) Tags
'If the drug or device or package contains an RFID tag
unless it bears a label
'(1) stating, at a minimum, that the consumer commodity
or package contains or bears a radio frequency identification tag, and
that the tag can transmit unique identification information to an independent
reader both before and after purchase; and
'(2) in a conspicuous type-size and prominent location
and in print that contrasts with the background against which it appears.'.
21 U.S.C. 362 is amended--
(1) by inserting the following under subsection (f):
'(g) Radio Frequency Identification (RFID) Tags
'If the cosmetic or package contains an RFID tag unless
it bears a label
'(1) stating, at a minimum, that the consumer commodity
or package contains or bears a radio frequency identification tag, and
that the tag can transmit unique identification information to an independent
reader both before and after purchase; and
'(2) in a conspicuous type-size and prominent location
and in print that contrasts with the background against which it appears.'.
27 U.S.C. Ch.8, Subch. II is amended--
(1) by inserting the following under section 215:
'§ 215a. Labeling requirement; radio frequency identification
tags
'(a) Statement required on container
'A person shall not manufacture, import, or bottle for
sale or distribution in the United States any alcoholic beverage unless
its container bears a label:
'(1) stating, at a minimum, that container contains or
bears a radio frequency identification tag, and that the tag can transmit
unique identification information to an independent reader both before
and after purchase; and
'(2) in a conspicuous type-size and prominent location
and in print that contrasts with the background against which it appears.
'(b) The Secretary shall prescribe appropriate penalties
for violations of this section.'.
15 U.S.C. Ch.36 is amended--
(1) by inserting the following under section 1333:
'§ 1333a. Labeling requirement; radio frequency identification
tags
'(a) Statement required on package
'A person shall not manufacture, import, or package for
sale or distribution in the United States any cigarettes unless its package
bears a label:
'(1) stating, at a minimum, that the package contains
or bears a radio frequency identification tag, and that the tag can transmit
unique identification information to an independent reader both before
and after purchase; and
'(2) in a conspicuous type-size and prominent location
and in print that contrasts with the background against which it appears.'.
'(b) The Secretary shall prescribe appropriate penalties
for violations of this section.'.
15 U.S.C. Ch.94 is amended--
'SUBCHAPTER III--AGGREGATION OF NONPUBLIC PERSONAL INFORMATION
AND RADIO FREQUENCY TAG IDENTIFICATION INFORMATION
'§ 6831. Privacy protection for consumers
| '(a) |
(1) A business shall not combine or link an individual's
nonpublic personal information with RFID tag identification information,
beyond what is required to manage inventory.
'(2) A business shall not, directly or through an affiliate,
disclose to a nonaffiliated third party an individual's nonpublic personal
information in association with RFID tag identification information.
'(3) A business shall not, directly or through an affiliate
or nonaffiliated third party, use RFID tag identification information to
identify an individual.
|
'(b) Safeguards
'The Federal Trade Commission shall establish appropriate
standards for the businesses described in subsection (a) of this section--
'(1) to insure the integrity and confidentiality of an
individual's records and information;
'(2) to insure that RFID tag records do not identify individuals;
'(3) to protect against anticipated threats or hazards
to the security of an individual's records and information; and
'(4) to protect an individual against substantial harm
or inconvenience, which may result from unauthorized access to or use
of an individual's records and information.'.
'§ 6832. Consumer and Business Education
'(a) The Federal Trade Commission shall publish and disseminate
documents with the purpose of educating the general public about RFID
technology. The documents, at a minimum, shall describe RFID technology
and how companies, marketers and government agencies can use RFID technology
to collect an individual's nonpublic personal information.
'(b) The Federal Trade Commission shall publish and disseminate
documents with the purpose of educating businesses about RFID technology
and the importance of protecting an individual's privacy. The documents,
at a minimum, shall describe RFID technology, advocate privacy protection,
and explain how businesses must conform their actions to comply with the
provisions of this Act.'.
'§ 6833. Relation to State laws
'A State may afford an individual greater protection than
the protection provided under this subchapter.'.
'§ 6834. Rulemaking
'The Federal Trade Commission shall prescribe regulations
necessary to carry out and enforce the mandate of this subchapter.'.
'§ 6835. Definitions
'(a) The term "radio frequency identification" or "RFID"
means technologies that use radio waves to automatically identify individual
items.
'(b) The term "tag" means a microchip that is attached to
an antenna and can transmit identification information.
'(c) The term "business" means a corporation, partnership
or other entity that collects or aggregates an individual's nonpublic
personal information.
'(d) The term "nonpublic personal information" means information
that a business can use to identify an individual. Such information
includes, at a minimum, name, address, social security number, and financial
data.'.
