Passing legislation in Utah that aims to regulate the sale of Mature-rated games to customers under 17 years old would be a "grave mistake," says Patricia Vance, president of the Entertainment Software Rating Board.

In an open letter (.pdf) to Utah's "parents and leaders" on Friday, Vance said that the legislation would punish responsible retailers.

The measure is an extension of Utah's Truth in Advertising law, and applies only to retailers who advertise their voluntary policies that restrict the sale of M-rated games to underage customers.

So if a retailer advertises a responsible M-rated games policy, then slips up and sells a restricted game to an underage client, that business would be subject to lawsuits, fines and other penalties due to deceptive advertising. Stores that advertise no such policies, on the other hand, would be exempt.

Vance said on its face, the amendment "makes good sense," but at its roots "it would introduce a liability that will likely force many retailers to seriously consider abandoning their voluntary policies and ratings education programs" in order to avoid breaking the law.

Citing a recent audit, Vance said that 94 percent of Utah's videogame retailers enforce their policies on M-rated games, with no laws requiring them to do so.

"[The amendment] would effectively penalize responsible retailers that have policies, and provide safe harbor for retailers that refuse to adopt a responsible policy in the first place. That is downright senseless," Vance said, calling the measure "counter-productive."

Instead, she said, educating parents on the ESRB's multi-tiered rating system is the answer. "...We should all be focused on figuring out ways to encourage parents to use the excellent tools already available to them to make informed choices about the media their children consume."