What does the FCC stipulate in such a scenario?
I am not an expert on FCC regulations but I do not believe you would, provided that you were putting a passive tag on the product. The FCC regulates “radio frequency (RF) devices contained in electronic-electrical products that are capable of emitting radio frequency energy by radiation, conduction, or other means.” If you were to place a passive RFID tag on your product, the tag—and the product—would not gain the ability to emit RF energy. Millions of products are now tagged with RFID transponders or have passive RFID transponders embedded in them, and I have never heard of them being submitted to the FCC for testing. If you were to put an active tag on the product, the transponder would have the ability to emit energy and this might require the product to be retested.
—Mark Roberti, Founder and Editor, RFID Journal