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CELL PHONE DISCLOSURE REQUIREMENTS

SF-ENV ch. 11
in effect

SF Environment Code § 1100 TITLE.

SEC. 1100. TITLE. This Chapter may be known as the "Cell Phone Right-to-Know Ordinance." (Added by Ord. 155-10, File No. 100104, App. 7/1/2010)

SF Environment Code § 1101 DEFINITIONS.

SEC. 1101. DEFINITIONS. For the purposes of this Chapter, the following terms shall have the following meanings, unless the context requires otherwise: (a) "Cell phone" means a portable wireless telephone device that is designed to send or receive transmissions through a cellular radiotelephone service, as defined in Section 22.99 of Title 47 of the Code of Federal Regulations. A cell phone does not include a wireless telephone device that is integrated into the electrical architecture of a motor vehicle. (b) "Cell phone retailer" means any person or entity within the City which sells or leases cell phones to the public or which offers cell phones for sale or lease. "Cell phone retailer" shall not include anyone selling or leasing cell phones over the phone, by mail, or over the internet. "Cell phone retailer" shall also not include anyone selling or leasing cell phones directly to the public at a convention, trade show, or conference, or otherwise selling or leasing cell phones directly to the public within the City for fewer than 10 days in a year. (c) "Cell phone service provider" means a telecommunications common carrier authorized to offer and provide cellular service for hire to the general public. (d) "Director" means the Director of the Department of the Environment, or his or her designee. (e) "Display materials" means informational or promotional materials posted adjacent to a sample phone or phones on display at the retail location that describe or list the features of the phone. "Display materials" shall not include any tag, sticker, or decal attached to a cell phone by the manufacturer, the manufacturer's packaging for a cell phone, or materials that list only the price and an identifier for the phone. (Added by Ord. 155-10, File No. 100104, App. 7/1/2010; amended by Ord. 165-11 , File No. 110656, App. 8/3/2011, Eff. 9/2/2011)

SF Environment Code § 1102 REQUIREMENTS FOR CELL PHONE SERVICE PROVIDERS.

SEC. 1102. REQUIREMENTS FOR CELL PHONE SERVICE PROVIDERS. Any cell phone service provider that sells its service through a retailer in the City must provide a list of those retail locations to the Department of the Environment in a form determined by the Department. The service provider must update the list annually The Department shall adopt regulations governing the form and submission of the lists. (Added by Ord. 155-10, File No. 100104, App. 7/1/2010; amended by Ord. 165-11 , File No. 110656, App. 8/3/2011, Eff. 9/2/2011)

SF Environment Code § 1103 REQUIREMENTS FOR CELL PHONE RETAILERS.

SEC. 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. (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)

SF Environment Code § 1104 REQUIREMENTS FOR THE DEPARTMENT OF THE ENVIRONMENT.

SEC. 1104. REQUIREMENTS FOR THE DEPARTMENT OF THE ENVIRONMENT. (a) Following a public hearing, the Department of the Environment, in consultation with the Department of Public Health, shall develop: (1) An informational poster, as referenced in Section 1103(a); (2) An informational factsheet, as referenced in Section 1103(b); and, (3) A set of statements that must be included in display materials, as referenced in Section 1103(c). (b) The materials shall inform consumers of issues pertaining to radiofrequency energy emissions from cell phones and actions that can be taken by cell phone users to minimize exposure to radiofrequency energy, such as turning off cell phones when not in use, using a headset and speaker phone, or using the phone to send text messages ("texting"). (c) The Director may by regulation require the inclusion of additional information in the poster, the factsheet, and/or the statements required in connection with display materials. (d) Within 15 days after the effective date of this ordinance or as soon thereafter as is practicable, the Department of the Environment shall, after a noticed public hearing, issue regulations specifying the contents, size, and format for the poster, the factsheet, and the statements required in connection with display materials as referenced in subsection (a), and provide templates of them for use by retailers. (1) The informational poster shall be a maximum size of 11 inches by 17 inches; (2) The informational factsheet shall be a maximum size of 5.5 inches by 11 inches (half-sheet of paper); and, (3) The informational statements shall be printed in a space no smaller that 1 inch by 2.625 inches. (e)1 Should the scientific community or the FCC develop a new metric to measure the actual amount of radiofrequency an average user will absorb from each model of cell phone, the Department of the Environment shall make recommendations to the Board of Supervisors for amendments to this Chapter to require notification to the public of this metric at the point of sale. (Added by Ord. 15510, File No. 100104, App. 7/1/2010; amended by Ord. 165-11 , File No. 110656, App. 8/3/2011, Eff. 9/2/2011) CODIFICATION NOTE 1. The designation of this division was corrected by the codifier.

SF Environment Code § 1105 ENFORCEMENT.

SEC. 1105. ENFORCEMENT. (a) The City Administrator shall issue a written warning to any person he or she determines is violating provisions of this Chapter or any regulation issued under this Chapter. If 30 days after issuance of the written warning the City Administrator finds that the person receiving the warning has continued to violate the provisions of the Chapter or any regulation issued under this Chapter, the City Administrator may impose administrative fines as provided below in subsections (b), (c) and (d). (b) Violation of this Chapter or any regulation issued under this Chapter shall be punishable by administrative fines in the amount of: (1) Up to $100.00 for the first violation; (2) Up to $250.00 for the second violation within a twelve-month period; and, (3) Up to $500.00 for the third and subsequent violations within a twelve-month period. (c) Except as provided in subsection (b), setting forth the amount of administrative fines, Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," as may be amended form time to time, is hereby incorporated in its entirety and shall govern the imposition, enforcement, collection, and review of administrative citations issued by the City Administrator to enforce this Chapter or any regulation issued under this Chapter. Violation of this Chapter is not a misdemeanor, and the Board of Supervisors intends that the requirements of this Chapter be enforced only through administrative fines as provided in this Section. (d) For purposes of this Chapter, each individual item that is sold or leased, or offered for sale or lease, contrary to the provisions of this Chapter or any regulation issued under this Chapter shall constitute a separate violation. (Added by Ord. 155-10, File No. 100104, App. 7/1/2010; amended by Ord. 6-11, File No. 101419, App. 1/7/ 2011; Ord. 165-11 , File No. 110656, App. 8/3/2011, Eff. 9/2/2011)

SF Environment Code § 1106 DISCLAIMER.

Source: City and County of San Francisco, Charter and Municipal Codes (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_environment/0-0-0-1029Fetched: 11/1/2026

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