PRINTER'S NO. 570
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
AND ROBERTS, FEBRUARY 12, 1997
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 12, 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 13. Penalty.
2 Section 14. Repeal.
3 Section 15. Effective date.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Tanning
8 Facilities Act.
9 Section 2. Legislative findings and declarations.
10 The General Assembly finds and declares as follows:
11 (1) Many physicians and scientists now warn that the
12 risks associated with suntanning are greater when tanning
13 with artificial ultraviolet light.
14 (2) These risks include, but are not limited to,
15 sunburn, premature aging, skin cancer, retinal damage,
16 formation of cataracts, suppression of the immune system and
17 damage to the vascular system.
18 (3) Certain medications, cosmetics and foods are
19 "photosensitizing," which means that in some people they
20 react unfavorably with ultraviolet light to produce skin
21 rashes or burns.
22 (4) Sunlamps and other artificial sources of ultraviolet
23 light are known to intensify these effects.
24 (5) The creation of State law to protect and promote the
25 public health, safety and welfare is needed concerning
26 tanning with artificial ultraviolet light.
27 Section 3. Definitions.
28 The following words and phrases when used in this act shall
29 have the meanings given to them in this section unless the
30 context clearly indicates otherwise:
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1 "Department." The Department of Health of the Commonwealth.
2 "Phototherapy device." Equipment that emits ultraviolet
3 radiation used by a health care professional in the treatment of
4 disease.
5 "Tanning device." Any equipment that emits electromagnetic
6 radiation with wavelengths in the air between 200 and 400
7 nanometers and that is used for tanning of the skin. The term
8 includes, but is not limited to, a sunlamp, tanning unit,
9 tanning booth or tanning bed. The term also includes any
10 accompanying equipment, including, but not limited to,
11 protective eyewear, timers and handrails.
12 "Tanning facility." Any location, place, area, structure or
13 business which provides persons access to any tanning device.
14 Section 4. Registration required.
15 A person shall not operate a tanning facility without first
16 having registered with the department. Registration shall be
17 renewed annually. Applications for registration and renewal of
18 registration shall be in such form and accompanied by such fee
19 as the department may prescribe.
20 Section 5. Compliance with Federal laws and regulations.
21 Any tanning device used by a tanning facility shall comply
22 with all applicable Federal laws and regulations.
23 Section 6. Warning statement required.
24 A tanning facility shall give each customer a written
25 statement warning that:
26 (1) Not wearing the eye protection provided to the
27 customer by the tanning center may cause damage to the eyes.
28 (2) Overexposure causes burns.
29 (3) Repeated exposure may cause premature aging of the
30 skin and skin cancer.
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1 (4) Abnormal skin sensitivity or burning may be caused
2 by certain:
3 (i) Foods.
4 (ii) Cosmetics.
5 (iii) Medications, including, but not limited to,
6 the following:
7 (A) Tranquilizers.
8 (B) Diuretics.
9 (C) Antibiotics.
10 (D) High blood pressure medicines.
11 (E) Birth control pills.
12 (5) Any person taking a prescription or over-the-counter
13 drug should consult a physician before using a tanning
14 device.
15 Section 7. Warning sign required.
16 A tanning facility shall post a warning sign in any area
17 where a tanning device is used. The sign shall read as follows:
18 DANGER: ULTRAVIOLET RADIATION
19 1. Follow instructions.
20 2. Avoid too frequent or too lengthy exposure. As with
21 natural sunlight, exposure can cause eye and skin injury
22 and allergic reactions. Repeated exposure may cause
23 chronic sun damage characterized by wrinkling, dryness,
24 fragility and bruising of the skin and may cause skin
25 cancer.
26 3. Wear protective eyewear.
27 FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE
28 BURNS OR LONG-TERM INJURY TO THE EYES.
29 4. Ultraviolet radiation from sun lamps will aggravate
30 the effects of the sun. Therefore, do not sunbathe before
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1 or after exposure to ultraviolet radiation.
2 5. Medications or cosmetics may increase your
3 sensitivity to ultraviolet radiation. Consult a physician
4 before using a sunlamp if you are using medications, have
5 a history of skin problems or believe you are especially
6 sensitive to sunlight. Pregnant women or women on birth
7 control pills who use this product may develop discolored
8 skin.
9 IF YOU DO NOT TAN IN THE SUN, YOU WILL NOT TAN FROM USE
10 OF THIS DEVICE.
11 Section 8. General requirements.
12 (a) Tanning facilities.--A tanning facility shall:
13 (1) Have an operator present during operating hours who
14 is sufficiently knowledgeable in the correct operation of the
15 tanning devices used at the facility so that he or she is
16 able to inform and assist each customer in the proper use of
17 the tanning devices.
18 (2) Before each use of a tanning device, provide each
19 customer with properly sanitized protective eyewear that
20 protects the eyes from ultraviolet radiation and allows
21 adequate vision to maintain balance; and not allow a person
22 to use a tanning device if that person does not use the
23 protective eyewear.
24 (3) Show each customer how to use suitable physical
25 aids, such as handrails and markings on the floor, to
26 maintain proper exposure distance as recommended by the
27 manufacturer.
28 (4) Use a timer that has an accuracy of plus or minus
29 10% of any selected timer interval.
30 (5) Limit each customer to the maximum exposure time as
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1 recommended by the manufacturer.
2 (6) Control the interior temperature of a tanning
3 facility so that it does not exceed 100 degrees Fahrenheit.
4 (b) Persons using tanning facilities.--
5 (1) Every person who uses a tanning facility shall sign
6 a written statement acknowledging that he or she has read and
7 understood the warnings before using the device and agrees to
8 use the protective eyewear that the tanning facility
9 provides. The statement of acknowledgment shall be retained
10 by the tanning facility until the end of the calendar year,
11 at which time each person who is a current customer of the
12 facility shall be required to renew that acknowledgment.
13 (2) Whenever using a tanning device, a person shall use
14 the protective eyewear that the tanning facility provides.
15 (3) Before any person between 14 and 18 years of age
16 uses a tanning device, he or she shall give the tanning
17 facility a statement, signed by his or her parent or legal
18 guardian, stating that the parent or legal guardian has read
19 and understood the warnings given by the tanning facility,
20 consents to the minor's use of a tanning device and agrees
21 that the minor will use the protective eyewear that the
22 tanning facility provides.
23 (4) A person 14 years of age or younger shall be
24 accompanied by a parent or legal guardian when using a
25 tanning device.
26 (5) Before any person uses a tanning device in a tanning
27 facility, he shall complete a form prescribed by the
28 department, listing all prescriptions and over-the-counter
29 medications currently being taken. The facility shall advise
30 the customer in writing of those medications which are
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1 photosensitive, in accordance with a listing provided by the
2 department, prior to permitting the use of a tanning device.
3 Section 9. Certain claims prohibited.
4 A tanning facility shall not claim or distribute promotional
5 materials that claim that using a tanning device is safe or free
6 from risk.
7 Section 10. Injured patrons.
8 (a) Reports.--If a patron is injured and, whereupon, he or
9 she must seek medical attention, a tanning facility shall do the
10 following:
11 (1) Report any injury to the department.
12 (2) Send a copy of the injury report to the person who
13 is injured.
14 (3) Send a copy of the injury report to the Federal Food
15 and Drug Administration.
16 (b) Liability.--The liability of a tanning facility operator
17 or a manufacturer of a tanning device is not changed by giving
18 the warning under this act.
19 Section 11. Exclusion.
20 This act does not apply to a phototherapy device used by or
21 under the direct supervision of a licensed physician who is
22 trained in the use of phototherapy devices.
23 Section 12. Rules and regulations.
24 The department shall promulgate regulations providing for:
25 (1) Adequate training of tanning device operators.
26 (2) Proper sanitation of tanning equipment to prevent
27 skin disease transmissions.
28 (3) Regulation of solar simulator bulbs as measured by a
29 spectroradiometer. No bulb exceeding 4.6% ultraviolet B or
30 emitting a wave length below 290 nanometers or less than 320
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1 nanometers shall be permitted for use in a tanning facility.
2 (4) Additional rules and regulations as it may deem
3 necessary to carry out the provisions of this act.
4 Section 13. Penalty.
5 A violation of this act constitutes a misdemeanor of the
6 third degree. Each day a violation continues constitutes a
7 separate offense.
8 Section 14. Repeal.
9 Section 14.1 of the act of May 3, 1933 (P.L.242, No.86),
10 referred to as the Cosmetology Law, is repealed insofar as it is
11 inconsistent with the provisions of this act.
12 Section 15. Effective date.
13 This act shall take effect in 60 days.
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