NY State Senate Bill 2013-S3099A

Senate Bill S3099A

2013-2014 Legislative Session

Enacts the "radio frequency identification right to know act"; requires retail mercantile establishments to disclose the use of RFID devices and other information

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2014	print number 3099a
Jan 30, 2014	amend and recommit to consumer protection
Jan 08, 2014	referred to consumer protection
Jan 30, 2013	referred to consumer protection

Bill Amendments

Original

A (Active)

2013-S3099 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 12-C §219, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8196
2011-2012: S1168

2013-S3099 - Summary

Enacts the "radio frequency identification right to know act", requiring retail mercantile establishments to disclose the use of radio frequency identification devices and gathered personal information; requires the labeling of retail products or packages containing a radio frequency identification tag; sets standards for labels and for posting notices; requires point of sale removal of RFID tags

2013-S3099 - Sponsor Memo

                                BILL NUMBER:S3099

TITLE OF BILL:  An act to amend the general business law, in relation
to regulating the use of radio frequency identification tags by retail
mercantile establishments

PURPOSE OR GENERAL IDEA OF BILL:  The purpose of this bill is to
ensure consumer privacy by requiring labels on all products containing
a radio frequency identification tag with a notice regarding the
existence of such tag.

SUMMARY OF SPECIFIC PROVISIONS:  This bill would require any person or
entity that produces, manufactures, packages, distributes or sells a
retail product and causes a radio frequency identification tag to be
attached to, embedded in or made part of the retail product or its
package to label such product or its packaging with a notice regarding
the existence of the radio frequency identification tag. The bill also
prohibits retailers from selling any product they know to have a RFID
tag without a proper label as required by this section. Finally, the
bill provides for enforcement by the Attorney General and a civil
penalty of between one hundred and one thousand dollars per violation.

JUSTIFICATION:  The right to privacy is a personal and fundamental
right protected by the United States Constitution. Systems used to
transmit the identity of an object or person using radio waves or
other wireless means, commonly referred to as radio frequency

identification technology (RFID), are increasingly being employed. As
the price of radio frequency identification technology decreases, the
employment of this technology is expected to increase rapidly. Several
major retailers, including Wal-Mart, Target and Best Buy, are moving
rapidly to require RFID tags on the products they sell. This new
technology has several privacy implications, including the potential
for the tracking of movements of a person who possesses or handles
objects containing radio frequency identification tags and the
profiling of citizens without their consent.

Consumers have a right to know if the products they purchase contain
technologies which could jeopardize their privacy. Requiring the
proper labeling of products containing RFID tags would allow consumers
to take any precautions they believe necessary to protect their
privacy.

PRIOR LEGISLATIVE HISTORY:  2011-12: S.1168/A.8428 - Referred to
Consumer Protection 2009-10: S.8196/A274 - Referred to Rules/Referred
to Consumer Affairs & Protection 2007-08: A.261 - Referred to Consumer
Affairs and Protection 2005-06: A.9505 - Referred to Consumer Affairs
and Protection

FISCAL IMPLICATIONS:  None.

EFFECTIVE DATE: January 1, 2015

2013-S3099 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3099

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer 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:

  Section 1. Short title.  This act shall be known and may be  cited  as
the "radio frequency identification right to know act".
  S  2. The general business law is amended by adding a new article 12-C
to read as follows:
                              ARTICLE 12-C
              RADIO FREQUENCY IDENTIFICATION RIGHT TO KNOW
SECTION 219. RADIO FREQUENCY IDENTIFICATION RIGHT TO KNOW.
  S 219. RADIO FREQUENCY IDENTIFICATION RIGHT TO KNOW.  1.  DEFINITIONS.
AS  USED  IN  THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  A. "AFFILIATE" MEANS A PERSON RELATED TO A  RETAIL  MERCANTILE  ESTAB-
LISHMENT  THAT CARRIES ON DIRECT OR RELATED FUNCTIONS OF SUCH ESTABLISH-
MENT.
  B. "DEACTIVATE" MEANS TO DISABLE OR OTHERWISE RENDER UNUSABLE.
  C. "PACKAGE" MEANS ANY TYPE OF CONTAINER, ARTICLE,  OR  ITEM  THAT  IS
USED TO CONTAIN OR HOLD A RETAIL PRODUCT IN THE FORM IN WHICH THE RETAIL
PRODUCT  IS  SOLD  TO  CONSUMERS.  SUCH  TERM SHALL NOT APPLY TO PETS OR
DOMESTICATED ANIMALS.
  D. "PERSONAL INFORMATION" MEANS ANY INFORMATION CONCERNING  A  NATURAL
PERSON  WHICH, BECAUSE OF NAME, NUMBER, SYMBOL, MARK, OR OTHER IDENTIFI-
ER, CAN BE USED TO IDENTIFY THAT NATURAL PERSON.
  E. "RADIO FREQUENCY IDENTIFICATION" MEANS  ANY  TECHNOLOGY  THAT  USES
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.
                                                           LBD06834-01-3

S. 3099                             2

BETWEEN A TAG, BADGE, OR OTHER DEVICE  AND  A  READER  WITHOUT  PHYSICAL
CONTACT.
  F.  "RADIO  FREQUENCY  IDENTIFICATION  TAG"  MEANS  A  DEVICE  THAT IS
ATTACHED TO, EMBEDDED IN, OR MADE PART OF A RETAIL PRODUCT OR ITS  PACK-
AGE  THAT  USES  RADIO FREQUENCY IDENTIFICATION TECHNOLOGY TO TRANSMIT A
UNIQUE NUMBER OR IDENTIFIER TO A READER.
  G. "READER" MEANS A DEVICE THAT IS CAPABLE OF  USING  RADIO  WAVES  OR
OTHER WIRELESS MEANS TO COMMUNICATE WITH, AND READ THE INFORMATION TRAN-
SMITTED BY, A RADIO FREQUENCY IDENTIFICATION TAG.
  2.  NOTICES.  A.  EVERY  RETAIL MERCANTILE ESTABLISHMENT THAT SELLS OR
OFFERS FOR SALE MERCHANDISE CONTAINING  RADIO  FREQUENCY  IDENTIFICATION
TAGS  SHALL  POST  A  NOTICE  SO  INFORMING CONSUMERS. SUCH NOTICE SHALL
DISCLOSE THAT:
  (1) THE ESTABLISHMENT OFFERS ITEMS WITH RADIO FREQUENCY IDENTIFICATION
TAGS;
  (2) NEW YORK STATE LAW REQUIRES THE ESTABLISHMENT TO REMOVE OR DISABLE
ALL RADIO FREQUENCY IDENTIFICATION TAGS BEFORE TAGGED  ITEMS  LEAVE  THE
ESTABLISHMENT; AND
  (3)  THE  ESTABLISHMENT  IS REQUIRED TO PROVIDE CONSUMERS, ON REQUEST,
WITH PERSONAL INFORMATION GATHERED WITHIN THE ESTABLISHMENT THROUGH  THE
RADIO FREQUENCY IDENTIFICATION TAGS USED IN THE ESTABLISHMENT.
  SUCH NOTICE SHALL BE POSTED ON A SIGN AFFIXED TO EACH CASH REGISTER OR
POINT  OF  SALE AT WHICH SUCH GOODS ARE OFFERED FOR SALE OR ON A SIGN SO
SITUATED AS TO BE CLEARLY VISIBLE TO THE BUYER FROM EACH CASH REGISTER.
  B.  NO RETAIL MERCANTILE ESTABLISHMENT SHALL SELL OR  OFFER  FOR  SALE
ANY ITEM OR PACKAGE THAT CONTAINS OR BEARS A RADIO FREQUENCY IDENTIFICA-
TION  TAG  UNLESS  SUCH ITEM OR PACKAGE IS LABELED WITH A NOTICE STATING
THAT SUCH ITEM OR PACKAGE CONTAINS OR BEARS A RADIO FREQUENCY  IDENTIFI-
CATION TAG, AND THAT THE RADIO FREQUENCY IDENTIFICATION TAG CAN TRANSMIT
UNIQUE  IDENTIFICATION  INFORMATION TO AN INDEPENDENT READER BOTH BEFORE
AND AFTER PURCHASE. SUCH LABEL SHALL BE POSTED ON THE ITEM OR PACKAGE IN
A CONSPICUOUS TYPE SIZE AND LOCATION AND IN PRINT  THAT  CONTRASTS  WITH
THE BACKGROUND AGAINST WHICH IT APPEARS.
  C.  UPON WRITTEN REQUEST OF A CONSUMER, A RETAIL MERCANTILE ESTABLISH-
MENT THAT HAS GATHERED  PERSONAL  INFORMATION  THROUGH  RADIO  FREQUENCY
IDENTIFICATION  TAGS  SHALL  RELEASE  TO THE REQUESTER ALL OF THE STORED
PERSONAL INFORMATION PERTAINING TO THE REQUESTER. EVERY  RETAIL  MERCAN-
TILE  ESTABLISHMENT  SHALL  MAKE  AVAILABLE TO CONSUMERS A FORM FOR SUCH
REQUESTS.
  3. REMOVAL. EVERY RETAIL MERCANTILE ESTABLISHMENT THAT OFFERS ITEMS OR
PACKAGES THAT CONTAIN OR BEAR RADIO FREQUENCY IDENTIFICATION TAGS  SHALL
REMOVE OR DEACTIVATE ALL TAGS AT THE POINT OF SALE. IN ADDITION:
  A.  ALL  COSTS OF WHATSOEVER NAME OR NATURE FOR THE REMOVAL OR DEACTI-
VATION OF A RADIO FREQUENCY IDENTIFICATION TAG SHALL  BE  BORNE  BY  THE
RETAIL MERCANTILE ESTABLISHMENT;
  B.  A  RETAIL MERCANTILE ESTABLISHMENT SHALL NOT COERCE CONSUMERS INTO
KEEPING RADIO FREQUENCY IDENTIFICATION TAGS  ON  ITEMS  OR  PACKAGES  BY
REQUIRING  ITEMS  OR  PACKAGES  TO  BE EXCHANGED, RETURNED, REPAIRED, OR
SERVICED TO CONTAIN OR BEAR ACTIVE TAGS; AND
  C. A RADIO FREQUENCY IDENTIFICATION TAG, ONCE REMOVED OR  DEACTIVATED,
SHALL NOT BE REACTIVATED WITHOUT EXPRESS CONSENT OF THE CONSUMER ASSOCI-
ATED WITH THE TAGGED ITEM.
  4. AGGREGATION OF PERSONAL INFORMATION AND RADIO FREQUENCY IDENTIFICA-
TION  TAG  INFORMATION.  A.  NO  RETAIL  MERCANTILE  ESTABLISHMENT SHALL
COMBINE OR LINK A CONSUMER'S PERSONAL INFORMATION WITH INFORMATION GATH-
ERED BY, OR CONTAINED WITHIN, A RADIO FREQUENCY IDENTIFICATION TAG.

S. 3099                             3

  B. NO RETAIL MERCANTILE ESTABLISHMENT SHALL, DIRECTLY  OR  THROUGH  AN
AFFILIATE, DISCLOSE TO A NONAFFILIATED THIRD PARTY A CONSUMER'S PERSONAL
INFORMATION  ASSOCIATED WITH INFORMATION GATHERED BY, OR CONTAINED WITH-
IN, A RADIO FREQUENCY IDENTIFICATION TAG.
  C.  NO  RETAIL  MERCANTILE ESTABLISHMENT SHALL, DIRECTLY OR THROUGH AN
AFFILIATE OR NONAFFILIATED THIRD PARTY, USE INFORMATION GATHERED BY,  OR
CONTAINED  WITHIN,  A  RADIO  FREQUENCY IDENTIFICATION TAG TO IDENTIFY A
CONSUMER.
  5. ENFORCEMENT. WHENEVER THERE SHALL BE A VIOLATION OF  THIS  SECTION,
AN  APPLICATION  MAY  BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE
PEOPLE OF THE STATE OF NEW YORK, TO A COURT OR JUSTICE HAVING  JURISDIC-
TION,  BY A SPECIAL PROCEEDING, TO ISSUE AN INJUNCTION, AND, UPON NOTICE
TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN  THE
CONTINUANCE  OF SUCH VIOLATION; AND, IF IT SHALL APPEAR TO THE SATISFAC-
TION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN  FACT,  VIOLATED
THIS  SECTION,  AN  INJUNCTION  MAY  BE  ISSUED BY THE COURT OR JUSTICE,
ENJOINING AND RESTRAINING  ANY  FURTHER  VIOLATIONS,  WITHOUT  REQUIRING
PROOF  THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN
ANY SUCH PROCEEDING, THE COURT  MAY  MAKE  ALLOWANCES  TO  THE  ATTORNEY
GENERAL,  AS  PROVIDED  IN  PARAGRAPH  SIX OF SUBDIVISION (A) OF SECTION
EIGHTY-THREE HUNDRED THREE OF THE CIVIL  PRACTICE  LAW  AND  RULES,  AND
DIRECT  RESTITUTION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION
OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A  CIVIL  PENALTY  OF
NOT  MORE  THAN  FIVE  HUNDRED DOLLARS FOR EACH VIOLATION. EACH SALE, OR
OFFERING FOR SALE, OF AN ITEM OR PACKAGE IN VIOLATION  OF  THIS  SECTION
SHALL  CONSTITUTE  A  SEPARATE  VIOLATION.  IN  CONNECTION WITH ANY SUCH
PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO  TAKE  PROOF
AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  S  3.  If  any  item,  clause,  sentence,  subparagraph,  subdivision,
section, or other part of this act, or the application  thereof  to  any
person  or circumstances shall be held to be invalid, such holding shall
not affect, impair or invalidate the  remainder  of  this  act,  or  the
application  of  such  section or part of a section held invalid, to any
other person or circumstances, but shall be confined in its operation to
the item, clause, sentence, subparagraph, subdivision, section, or other
part of this act directly involved in such holding, or to the person and
circumstances therein involved.
  S 4. This act shall take effect January 1, 2015.

2013-S3099A (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 12-C §219, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8196
2011-2012: S1168

2013-S3099A (ACTIVE) - Summary

2013-S3099A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3099A

TITLE OF BILL:  An act to amend the general business law, in relation
to regulating the use of radio frequency identification tags by retail
mercantile establishments

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to ensure
consumer privacy by requiring labels on all products containing a
radio frequency identification tag with a notice regarding the
existence of such tag.

SUMMARY OF SPECIFIC PROVISIONS: This bill would require any person or
entity that produces, manufactures, packages, distributes or sells a
retail product and causes a radio frequency identification tag to be
attached to, embedded in or made part of the retail product or its
package to label such product or its packaging with a notice regarding
the existence of the radio frequency identification tag.  The bill
also prohibits retailers from selling any product they know to have a
RFID tag without a proper label as required by this section. Finally,
the bill provides for enforcement by the Attorney General and a civil
penalty of between one hundred and one thousand dollars per violation.

JUSTIFICATION: The right to privacy is a personal and fundamental
right protected by the United States Constitution. Systems used to
transmit the identity of an object or person using radio waves or
other wireless means, commonly referred to as radio frequency

identification technology (RFID), are increasingly being employed. As
the price of radio frequency identification technology decreases, the
employment of this technology is expected to increase rapidly.
Several major retailers, including Wal-Mart, Target and Best Buy, are
moving rapidly to require RFID tags on the products they sell. This
new technology has several privacy implications, including the
potential for the tracking of movements of a person who possesses or
handles objects containing radio frequency identification tags and the
profiling of citizens without their consent.

Consumers have a right to know if the products they purchase contain
technologies which could jeopardize their privacy. Requiring the
proper labeling of products containing RFID tags would allow consumers
to take any precautions they believe necessary to protect their
privacy.

PRIOR LEGISLATIVE HISTORY:  2011-12: S.1168/A.8428 - Referred to
Consumer Protection 2009-10: S.8196/A274 - Referred to Rules/Referred
to Consumer Affairs & Protection 2007-08: A.261 - Referred to Consumer
Affairs and Protection 2005-06: A.9505 - Referred to Consumer Affairs
and Protection

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: January 1, 2016

2013-S3099A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3099--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  recommitted to the Committee on Consumer Protection in accordance with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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:

  Section 1. Short title.  This act shall be known and may be  cited  as
the "radio frequency identification right to know act".
  S  2. The general business law is amended by adding a new article 12-C
to read as follows:
                              ARTICLE 12-C
              RADIO FREQUENCY IDENTIFICATION RIGHT TO KNOW
SECTION 219. RADIO FREQUENCY IDENTIFICATION RIGHT TO KNOW.
  S 219. RADIO FREQUENCY IDENTIFICATION RIGHT TO KNOW.  1.  DEFINITIONS.
AS  USED  IN  THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  A. "AFFILIATE" MEANS A PERSON RELATED TO A  RETAIL  MERCANTILE  ESTAB-
LISHMENT  THAT CARRIES ON DIRECT OR RELATED FUNCTIONS OF SUCH ESTABLISH-
MENT.
  B. "DEACTIVATE" MEANS TO DISABLE OR OTHERWISE RENDER UNUSABLE.
  C. "PACKAGE" MEANS ANY TYPE OF CONTAINER, ARTICLE,  OR  ITEM  THAT  IS
USED TO CONTAIN OR HOLD A RETAIL PRODUCT IN THE FORM IN WHICH THE RETAIL
PRODUCT  IS  SOLD  TO  CONSUMERS.  SUCH  TERM SHALL NOT APPLY TO PETS OR
DOMESTICATED ANIMALS.
  D. "PERSONAL INFORMATION" MEANS ANY INFORMATION CONCERNING  A  NATURAL
PERSON  WHICH, BECAUSE OF NAME, NUMBER, SYMBOL, MARK, OR OTHER IDENTIFI-
ER, CAN BE USED TO IDENTIFY THAT NATURAL PERSON.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06834-02-4

S. 3099--A                          2

  E. "RADIO FREQUENCY IDENTIFICATION" MEANS  ANY  TECHNOLOGY  THAT  USES
RADIO  WAVES OR OTHER WIRELESS MEANS TO TRANSMIT IDENTIFYING INFORMATION
BETWEEN A TAG, BADGE, OR OTHER DEVICE  AND  A  READER  WITHOUT  PHYSICAL
CONTACT.
  F.  "RADIO  FREQUENCY  IDENTIFICATION  TAG"  MEANS  A  DEVICE  THAT IS
ATTACHED TO, EMBEDDED IN, OR MADE PART OF A RETAIL PRODUCT OR ITS  PACK-
AGE  THAT  USES  RADIO FREQUENCY IDENTIFICATION TECHNOLOGY TO TRANSMIT A
UNIQUE NUMBER OR IDENTIFIER TO A READER.
  G. "READER" MEANS A DEVICE THAT IS CAPABLE OF  USING  RADIO  WAVES  OR
OTHER WIRELESS MEANS TO COMMUNICATE WITH, AND READ THE INFORMATION TRAN-
SMITTED BY, A RADIO FREQUENCY IDENTIFICATION TAG.
  2.  NOTICES.  A.  EVERY  RETAIL MERCANTILE ESTABLISHMENT THAT SELLS OR
OFFERS FOR SALE MERCHANDISE CONTAINING  RADIO  FREQUENCY  IDENTIFICATION
TAGS  SHALL  POST  A  NOTICE  SO  INFORMING CONSUMERS. SUCH NOTICE SHALL
DISCLOSE THAT:
  (1) THE ESTABLISHMENT OFFERS ITEMS WITH RADIO FREQUENCY IDENTIFICATION
TAGS;
  (2) NEW YORK STATE LAW REQUIRES THE ESTABLISHMENT TO REMOVE OR DISABLE
ALL RADIO FREQUENCY IDENTIFICATION TAGS BEFORE TAGGED  ITEMS  LEAVE  THE
ESTABLISHMENT; AND
  (3)  THE  ESTABLISHMENT  IS REQUIRED TO PROVIDE CONSUMERS, ON REQUEST,
WITH PERSONAL INFORMATION GATHERED WITHIN THE ESTABLISHMENT THROUGH  THE
RADIO FREQUENCY IDENTIFICATION TAGS USED IN THE ESTABLISHMENT.
  SUCH NOTICE SHALL BE POSTED ON A SIGN AFFIXED TO EACH CASH REGISTER OR
POINT  OF  SALE AT WHICH SUCH GOODS ARE OFFERED FOR SALE OR ON A SIGN SO
SITUATED AS TO BE CLEARLY VISIBLE TO THE BUYER FROM EACH CASH REGISTER.
  B.  NO RETAIL MERCANTILE ESTABLISHMENT SHALL SELL OR  OFFER  FOR  SALE
ANY ITEM OR PACKAGE THAT CONTAINS OR BEARS A RADIO FREQUENCY IDENTIFICA-
TION  TAG  UNLESS  SUCH ITEM OR PACKAGE IS LABELED WITH A NOTICE STATING
THAT SUCH ITEM OR PACKAGE CONTAINS OR BEARS A RADIO FREQUENCY  IDENTIFI-
CATION TAG, AND THAT THE RADIO FREQUENCY IDENTIFICATION TAG CAN TRANSMIT
UNIQUE  IDENTIFICATION  INFORMATION TO AN INDEPENDENT READER BOTH BEFORE
AND AFTER PURCHASE. SUCH LABEL SHALL BE POSTED ON THE ITEM OR PACKAGE IN
A CONSPICUOUS TYPE SIZE AND LOCATION AND IN PRINT  THAT  CONTRASTS  WITH
THE BACKGROUND AGAINST WHICH IT APPEARS.
  C.  UPON WRITTEN REQUEST OF A CONSUMER, A RETAIL MERCANTILE ESTABLISH-
MENT THAT HAS GATHERED  PERSONAL  INFORMATION  THROUGH  RADIO  FREQUENCY
IDENTIFICATION  TAGS  SHALL  RELEASE  TO THE REQUESTER ALL OF THE STORED
PERSONAL INFORMATION PERTAINING TO THE REQUESTER. EVERY  RETAIL  MERCAN-
TILE  ESTABLISHMENT  SHALL  MAKE  AVAILABLE TO CONSUMERS A FORM FOR SUCH
REQUESTS.
  3. REMOVAL. EVERY RETAIL MERCANTILE ESTABLISHMENT THAT OFFERS ITEMS OR
PACKAGES THAT CONTAIN OR BEAR RADIO FREQUENCY IDENTIFICATION TAGS  SHALL
REMOVE OR DEACTIVATE ALL TAGS AT THE POINT OF SALE. IN ADDITION:
  A.  ALL  COSTS OF WHATSOEVER NAME OR NATURE FOR THE REMOVAL OR DEACTI-
VATION OF A RADIO FREQUENCY IDENTIFICATION TAG SHALL  BE  BORNE  BY  THE
RETAIL MERCANTILE ESTABLISHMENT;
  B.  A  RETAIL MERCANTILE ESTABLISHMENT SHALL NOT COERCE CONSUMERS INTO
KEEPING RADIO FREQUENCY IDENTIFICATION TAGS  ON  ITEMS  OR  PACKAGES  BY
REQUIRING  ITEMS  OR  PACKAGES  TO  BE EXCHANGED, RETURNED, REPAIRED, OR
SERVICED TO CONTAIN OR BEAR ACTIVE TAGS; AND
  C. A RADIO FREQUENCY IDENTIFICATION TAG, ONCE REMOVED OR  DEACTIVATED,
SHALL NOT BE REACTIVATED WITHOUT EXPRESS CONSENT OF THE CONSUMER ASSOCI-
ATED WITH THE TAGGED ITEM.
  4. AGGREGATION OF PERSONAL INFORMATION AND RADIO FREQUENCY IDENTIFICA-
TION  TAG  INFORMATION.  A.  NO  RETAIL  MERCANTILE  ESTABLISHMENT SHALL

S. 3099--A                          3

COMBINE OR LINK A CONSUMER'S PERSONAL INFORMATION WITH INFORMATION GATH-
ERED BY, OR CONTAINED WITHIN, A RADIO FREQUENCY IDENTIFICATION TAG.
  B.  NO  RETAIL  MERCANTILE ESTABLISHMENT SHALL, DIRECTLY OR THROUGH AN
AFFILIATE, DISCLOSE TO A NONAFFILIATED THIRD PARTY A CONSUMER'S PERSONAL
INFORMATION ASSOCIATED WITH INFORMATION GATHERED BY, OR CONTAINED  WITH-
IN, A RADIO FREQUENCY IDENTIFICATION TAG.
  C.  NO  RETAIL  MERCANTILE ESTABLISHMENT SHALL, DIRECTLY OR THROUGH AN
AFFILIATE OR NONAFFILIATED THIRD PARTY, USE INFORMATION GATHERED BY,  OR
CONTAINED  WITHIN,  A  RADIO  FREQUENCY IDENTIFICATION TAG TO IDENTIFY A
CONSUMER.
  5. ENFORCEMENT. WHENEVER THERE SHALL BE A VIOLATION OF  THIS  SECTION,
AN  APPLICATION  MAY  BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE
PEOPLE OF THE STATE OF NEW YORK, TO A COURT OR JUSTICE HAVING  JURISDIC-
TION,  BY A SPECIAL PROCEEDING, TO ISSUE AN INJUNCTION, AND, UPON NOTICE
TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN  THE
CONTINUANCE  OF SUCH VIOLATION; AND, IF IT SHALL APPEAR TO THE SATISFAC-
TION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN  FACT,  VIOLATED
THIS  SECTION,  AN  INJUNCTION  MAY  BE  ISSUED BY THE COURT OR JUSTICE,
ENJOINING AND RESTRAINING  ANY  FURTHER  VIOLATIONS,  WITHOUT  REQUIRING
PROOF  THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN
ANY SUCH PROCEEDING, THE COURT  MAY  MAKE  ALLOWANCES  TO  THE  ATTORNEY
GENERAL,  AS  PROVIDED  IN  PARAGRAPH  SIX OF SUBDIVISION (A) OF SECTION
EIGHTY-THREE HUNDRED THREE OF THE CIVIL  PRACTICE  LAW  AND  RULES,  AND
DIRECT  RESTITUTION. WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION
OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A  CIVIL  PENALTY  OF
NOT  MORE  THAN  FIVE  HUNDRED DOLLARS FOR EACH VIOLATION. EACH SALE, OR
OFFERING FOR SALE, OF AN ITEM OR PACKAGE IN VIOLATION  OF  THIS  SECTION
SHALL  CONSTITUTE  A  SEPARATE  VIOLATION.  IN  CONNECTION WITH ANY SUCH
PROPOSED APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO  TAKE  PROOF
AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN
ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  S  3.  If  any  item,  clause,  sentence,  subparagraph,  subdivision,
section, or other part of this act, or the application  thereof  to  any
person  or circumstances shall be held to be invalid, such holding shall
not affect, impair or invalidate the  remainder  of  this  act,  or  the
application  of  such  section or part of a section held invalid, to any
other person or circumstances, but shall be confined in its operation to
the item, clause, sentence, subparagraph, subdivision, section, or other
part of this act directly involved in such holding, or to the person and
circumstances therein involved.
  S 4. This act shall take effect January 1, 2016.

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