PRIOR PRINTER'S NO. 570 PRINTER'S NO. 1624
No. 507 Session of 1997
INTRODUCED BY E. Z. TAYLOR, MILLER, ITKIN, FICHTER, L. I. COHEN,
CURRY, RUBLEY, MELIO, THOMAS, C. WILLIAMS, SANTONI, BELARDI,
MUNDY, COLAFELLA, WOGAN, CORRIGAN, GANNON, HERSHEY, JOSEPHS,
BOSCOLA, DeLUCA, YOUNGBLOOD, BEBKO-JONES, HENNESSEY,
LAUGHLIN, ROBERTS, CIVERA, ROSS AND RAMOS, FEBRUARY 12, 1997
AS REPORTED FROM TO COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 29, 1997
AN ACT
1 Regulating tanning facilities; providing for the registration of
2 persons operating tanning facilities; requiring that certain
3 warnings be given and safeguards be taken; providing
4 penalties; and making a repeal.
5 TABLE OF CONTENTS
6 Section 1. Short title.
7 Section 2. Legislative findings and declarations.
8 Section 3. Definitions.
9 Section 4. Registration required.
10 Section 5. Compliance with Federal laws and regulations.
11 Section 6. Warning statement required.
12 Section 7. Warning sign required.
13 Section 8. General requirements.
14 Section 9. Certain claims prohibited.
15 Section 10. Injured patrons.
16 Section 11. Exclusion.
17 Section 12. Rules and regulations. <--
1 SECTION 12. POWERS AND DUTIES OF DEPARTMENT. <--
2 Section 13. Penalty.
3 Section 14. Repeal.
4 Section 15. Effective date.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Tanning
9 Facilities Act.
10 Section 2. Legislative findings and declarations.
11 The General Assembly finds and declares as follows:
12 (1) Many physicians and scientists now warn that the
13 risks associated with suntanning are greater when tanning
14 with artificial ultraviolet light.
15 (2) These risks include, but are not limited to,
16 sunburn, premature aging, skin cancer, retinal damage,
17 formation of cataracts, suppression of the immune system and
18 damage to the vascular system.
19 (3) Certain medications, cosmetics and foods are
20 "photosensitizing," which means that in some people they
21 react unfavorably with ultraviolet light to produce skin
22 rashes or burns.
23 (4) Sunlamps and other artificial sources of ultraviolet
24 light are known to intensify these effects.
25 (5) The creation of State law to protect and promote the
26 public health, safety and welfare is needed concerning
27 tanning with artificial ultraviolet light.
28 Section 3. Definitions.
29 The following words and phrases when used in this act shall
30 have the meanings given to them in this section unless the
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1 context clearly indicates otherwise:
2 "Department." The Department of Health of the Commonwealth.
3 "Phototherapy device." Equipment that emits ultraviolet
4 radiation used by a health care professional in the treatment of
5 disease.
6 "PROTECTIVE EYEWEAR." ANY DEVICE DESIGNED TO BE WORN BY <--
7 USERS OF A TANNING DEVICE TO REDUCE EXPOSURE OF THE EYES TO
8 RADIATION EMITTED BY THE DEVICE.
9 "Tanning device." Any equipment that emits electromagnetic <--
10 ULTRAVIOLET radiation with wavelengths in the air between 200 <--
11 and 400 nanometers and that is used for tanning of the skin. The
12 term includes, but is not limited to, a sunlamp, tanning unit,
13 tanning booth or tanning bed. The term also includes any <--
14 accompanying equipment, including, but not limited to,
15 protective eyewear, timers and handrails.
16 "Tanning facility." Any location, place, area, structure or
17 business which provides persons access to any tanning device FOR <--
18 COMPENSATION.
19 "TIMER." ANY DEVICE INCORPORATED INTO A TANNING DEVICE WHICH <--
20 TERMINATES RADIATION EMISSION AFTER A PRESET TIME INTERVAL.
21 "ULTRAVIOLET LAMP." ANY LAMP WHICH PRODUCES ULTRAVIOLET
22 RADIATION IN THE WAVELENGTH INTERVAL OF 200 TO 400 NANOMETERS IN
23 AIR AND WHICH IS INTENDED FOR USE IN TANNING DEVICES.
24 "ULTRAVIOLET RADIATION." ELECTROMAGNETIC RADIATION WITH
25 WAVELENGTHS IN AIR BETWEEN 200 TO 400 NANOMETERS.
26 Section 4. Registration required.
27 (A) REGISTRATION OF TANNING FACILITIES.--A person shall not <--
28 operate a tanning facility without first having registered with
29 the department. Registration shall be renewed annually.
30 Applications for registration and renewal of registration shall
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1 be in such form and accompanied by such fee as the department <--
2 may SHALL prescribe. <--
3 (B) REGISTRATION FEES.--UNLESS CHANGED BY THE DEPARTMENT BY <--
4 REGULATION, THE INITIAL REGISTRATION FEE SHALL BE $35 AND THE
5 ANNUAL REGISTRATION RENEWAL FEE SHALL BE $25.
6 Section 5. Compliance with Federal laws and regulations.
7 Any tanning device used by a tanning facility shall comply
8 with all applicable Federal laws and regulations.
9 Section 6. Warning statement required.
10 A tanning facility shall give each customer a written
11 statement warning that:
12 (1) Not wearing the eye protection provided to the
13 customer by the tanning center may cause damage to the eyes.
14 (2) Overexposure causes burns.
15 (3) Repeated exposure may cause premature aging of the
16 skin and skin cancer.
17 (4) Abnormal skin sensitivity or burning may be caused
18 by certain:
19 (i) Foods.
20 (ii) Cosmetics.
21 (iii) Medications, including, but not limited to,
22 the following:
23 (A) Tranquilizers.
24 (B) Diuretics.
25 (C) Antibiotics.
26 (D) High blood pressure medicines.
27 (E) Birth control pills.
28 (5) Any person taking a prescription or over-the-counter
29 drug should consult a physician before using a tanning
30 device.
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1 Section 7. Warning sign required.
2 A tanning facility shall post a warning sign in any area
3 where a tanning device is used. The sign shall read as follows:
4 DANGER: ULTRAVIOLET RADIATION
5 1. Follow instructions.
6 2. Avoid too frequent or too lengthy exposure. As with
7 natural sunlight, exposure can cause eye and skin injury
8 and allergic reactions. Repeated exposure may cause
9 chronic sun damage characterized by wrinkling, dryness,
10 fragility and bruising of the skin and may cause skin
11 cancer.
12 3. Wear protective eyewear.
13 FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE
14 BURNS OR LONG-TERM INJURY TO THE EYES.
15 4. Ultraviolet radiation from sun lamps will aggravate
16 the effects of the sun. Therefore, do not sunbathe before
17 or after exposure to ultraviolet radiation.
18 5. Medications or cosmetics may increase your
19 sensitivity to ultraviolet radiation. Consult a physician
20 before using a sunlamp if you are using medications, have
21 a history of skin problems or believe you are especially
22 sensitive to sunlight. Pregnant women or women on birth
23 control pills who use this product may develop discolored
24 skin.
25 IF YOU DO NOT TAN IN THE SUN, YOU WILL NOT TAN FROM USE
26 OF THIS DEVICE.
27 Section 8. General requirements.
28 (a) Tanning facilities.--A tanning facility shall:
29 (1) Have an operator present during operating hours who
30 is sufficiently knowledgeable in the correct operation of the
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1 tanning devices used at the facility so that he or she is
2 able to inform and assist each customer in the proper use of
3 the tanning devices.
4 (2) Before each use of a tanning device, provide each
5 customer with properly sanitized protective eyewear that
6 protects the eyes from ultraviolet radiation and allows
7 adequate vision to maintain balance; and not allow a person
8 to use a tanning device if that person does not use the
9 protective eyewear.
10 (3) Show each customer how to use suitable physical
11 aids, such as handrails and markings on the floor, to
12 maintain proper exposure distance as recommended by the
13 manufacturer.
14 (4) Use a timer that has an accuracy of plus or minus
15 10% of any selected timer interval.
16 (5) Limit each customer to the maximum exposure time as
17 recommended by the manufacturer.
18 (6) Control the interior temperature of a tanning
19 facility so that it does not exceed 100 degrees Fahrenheit.
20 (b) Persons using tanning facilities.--
21 (1) Every person who uses a tanning facility shall sign
22 a written statement acknowledging that he or she has read and
23 understood the warnings UNDER SECTIONS 6 AND 7 before using <--
24 the device and agrees to use the protective eyewear that the
25 tanning facility provides. The statement of acknowledgment
26 shall be retained by the tanning facility until the end of
27 the calendar year, at which time each person who is a current
28 customer of the facility shall be required to renew that
29 acknowledgment.
30 (2) Whenever using a tanning device, a person shall use
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1 the protective eyewear that the tanning facility provides.
2 (3) Before any person between 14 and 18 years of age
3 uses a tanning device, he or she shall give the tanning
4 facility a statement, signed by his or her parent or legal
5 guardian, stating that the parent or legal guardian has read
6 and understood the warnings given by the tanning facility,
7 consents to the minor's use of a tanning device and agrees
8 that the minor will use the protective eyewear that the
9 tanning facility provides.
10 (4) A person 14 years of age or younger shall be
11 accompanied by a parent or legal guardian when using a
12 tanning device.
13 (5) Before any person uses a tanning device in a tanning
14 facility, he shall complete a form prescribed by the
15 department, listing all prescriptions and over-the-counter
16 medications currently being taken. The facility shall advise
17 the customer in writing of those medications which are
18 photosensitive, in accordance with a listing provided by the
19 department, prior to permitting the use of a tanning device.
20 Section 9. Certain claims prohibited.
21 A tanning facility shall not claim or distribute promotional
22 materials that claim that using a tanning device is safe or free
23 from risk.
24 Section 10. Injured patrons.
25 (a) Reports.--If a patron is injured and, whereupon, he or
26 she must seek medical attention, a tanning facility shall do the
27 following:
28 (1) Report any injury to the department.
29 (2) Send a copy of the injury report to the person who
30 is injured.
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1 (3) Send a copy of the injury report to the Federal Food
2 and Drug Administration.
3 (b) Liability.--The liability of a tanning facility operator <--
4 or a manufacturer of a tanning device is not changed by giving
5 the warning under this act.
6 (B) LIABILITY.--NOTHING IN THIS ACT SHALL BE CONSTRUED TO <--
7 DIMINISH ANY RIGHT OF RECOVERY BY A CONSUMER WHICH EXISTS UNDER
8 ANY OTHER STATUTE OR JUDICIAL DECISION.
9 Section 11. Exclusion.
10 This act does not apply to a phototherapy device used by or
11 under the direct supervision of a licensed physician who is
12 trained in the use of phototherapy devices.
13 Section 12. Rules and regulations. <--
14 SECTION 12. POWERS AND DUTIES OF DEPARTMENT. <--
15 (A) REGULATIONS.--The department shall promulgate
16 regulations providing for:
17 (1) Adequate training of tanning device operators.
18 (2) Proper sanitation of tanning equipment to prevent
19 skin disease transmissions.
20 (3) Regulation of solar simulator bulbs as measured by a <--
21 spectroradiometer. No bulb exceeding 4.6% ultraviolet B or
22 emitting a wave length below 290 nanometers or less than 320
23 nanometers shall be permitted for use in a tanning facility.
24 (4) (3) Additional rules and regulations as it may deem <--
25 necessary to carry out the provisions of this act.
26 (B) USE OF GUIDELINES.--IN ORDER TO FACILITATE THE PROMPT <--
27 IMPLEMENTATION OF THIS ACT, THE DEPARTMENT SHALL HAVE THE POWER
28 AND AUTHORITY TO PROMULGATE, ADOPT AND USE GUIDELINES TO
29 IMPLEMENT THE PROVISIONS OF THIS ACT. SUCH GUIDELINES SHALL BE
30 PUBLISHED IN THE PENNSYLVANIA BULLETIN. THE GUIDELINES SHALL NOT
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1 BE SUBJECT TO REVIEW PURSUANT TO SECTION 205 OF THE ACT OF JULY
2 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE COMMONWEALTH
3 DOCUMENTS LAW, SECTIONS 204(B) AND 301(10) OF THE ACT OF OCTOBER
4 15, 1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS
5 ACT, OR THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE
6 REGULATORY REVIEW ACT, AND SHALL BE EFFECTIVE FOR A PERIOD OF
7 NOT MORE THAN TWO YEARS FROM THE EFFECTIVE DATE OF THIS ACT.
8 AFTER THE EXPIRATION OF THE TWO-YEAR PERIOD, THE GUIDELINES
9 SHALL EXPIRE AND SHALL BE REPLACED BY REGULATIONS WHICH SHALL
10 HAVE BEEN PROMULGATED, ADOPTED AND PUBLISHED AS PROVIDED BY LAW.
11 (C) INSPECTIONS.--THE DEPARTMENT SHALL HAVE THE AUTHORITY TO
12 PROVIDE FOR THE INSPECTION OF TANNING FACILITIES TO ENSURE
13 COMPLIANCE WITH THIS ACT.
14 Section 13. Penalty.
15 A violation of this act constitutes a misdemeanor of the
16 third degree. Each day a violation continues constitutes a
17 separate offense.
18 Section 14. Repeal.
19 Section 14.1 of the act of May 3, 1933 (P.L.242, No.86),
20 referred to as the Cosmetology Law, is repealed insofar as it is
21 inconsistent with the provisions of this act.
22 Section 15. Effective date.
23 This act shall take effect in 60 days. <--
24 THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
25 (1) SECTION 12 OF THIS ACT SHALL TAKE EFFECT
26 IMMEDIATELY.
27 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
28 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 180
29 DAYS.
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