The Balance Group drafts and files an HHS/FDA petition on RF exposure for Americans for Responsible Technology, Environmental Health Trust, and a variety of other co-petitioners
Summary (see the attached file for the full petition)
Petitioner AMERICANS FOR RESPONSIBLE TECHNOLOGY (ART), a not-for-profit coalition of more than 150 allied organizations and other petitioners Environmental Health Trust, Consumers for Safe Cell Phones, California Brain Tumor Association, Tahoe Stewards, Manhattan Neighbors for Safer Telecommunications, Sally Jewell Coxe and Robert Strayton hereby respectfully request that the Secretary of the Department of Health and Human Services (HHS), within 30 days, issue a Declaration with enabling regulations, that an Imminent Hazard to public health currently exists, and to promptly ensure that this Declaration is communicated affirmatively to all public and private entities that are affected by the Imminent Hazard. We submit this Petition in the form required by 21 CFR Section 10.30 pursuant to 21 U.S. 360kk, and Sec. 21 CFR 2.5, for the following reasons:
1. The FDA has not clarified its present official safety policy relating to non-medical devices emitting radiofrequency (RF) radiation.
2. There is widespread public belief and reliance by federal agencies and state governments, physicians, health care providers, fire departments and other critical services, and businesses of all kinds that such FDA health-based standards exist, and that all wireless devices on the market are compliant with those protective standards, when there is no evidence that such a policy has actually been adopted following well established procedures and regulations under the Administrative Procedures Act (APA).
3. Public exposure to non-ionizing RF radiation is growing at an exponential rate, causing a significant percentage of the American public, including our most vulnerable citizens— children, elderly and disabled persons, persons with implanted medical devices and pregnant women—to be regularly and continuously exposed to RF emissions. Meanwhile, scientific studies are documenting biological harm at levels far below the current 25-year-old Federal Communications Commission (FCC) exposure guidelines that only protect from the heating of human tissue.
4. Petitioners and millions like them are being seriously harmed, and left with no recourse or means of escape, unless and until the HHS and FDA immediately address and rectify the present climate of regulatory chaos. (See Declarations in Appendices 2 and 3.)
In sum, Petitioners respectfully request that the HHS Secretary: (i) declare an Imminent Hazard pursuant to CFR 21 Part 2 Sec. 2.5 (Imminent Hazard to the Public Health) within 30 days, and (ii) communicate affirmatively to all private and public entities affected by the Imminent Hazard the present uncertainty relating to whether the FDA’s official policy and regulations concerning RF radiation emitted from non-medical devices are APA-compliant.
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