PRIOR PRINTER'S NOS. 1750, 1789
PRINTER'S NO. 3199
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY FARRY, V. BROWN, SANTARSIERO, MURT, MULLERY, HELM, DENLINGER, KORTZ, SCHLEGEL CULVER, PETRI, SABATINA, COHEN, DiGIROLAMO, KILLION, McGEEHAN, MILLARD, QUINN, KOTIK, GOODMAN, MIRABITO, SCHLOSSBERG, HARKINS, DERMODY, FABRIZIO, MENTZER, DAVIS, DELISSIO AND D. COSTA, MAY 8, 2013
SENATOR VANCE, PUBLIC HEALTH AND WELFARE, IN SENATE, AS AMENDED, MARCH 19, 2013
6Section 1. Short title.
9Section 2. Definitions.
13"Customer." A member of the public who is provided access to
14a tanning facility in exchange for a fee or other compensation
15or any individual who, in exchange for a fee or other
16compensation, is afforded use of a tanning facility as a
1condition or benefit of membership or access.
2"Department." The Department of Health of the Commonwealth.
Sunburning and Tanning History
Always burns easily, never tans
Always burns easily, tans minimally
Burns moderately, tans gradually
Burns minimally, always tans well
Rarely burns, tans profusely
Never burns, deeply pigmented
15"Operator." An individual designated by the legal entity to
16control operation of the tanning facility and <-who has been
17trained on the requirements of this act to instruct and assist
18the customer in the proper operation of the tanning equipment.
22"Tanning equipment or device." Equipment that emits
23radiation used for tanning of the skin, such as a sunlamp,
24tanning booth or tanning bed that emits electromagnetic
25radiation with wavelengths in the air between 200 and 400
26nanometers. The term includes any accompanying equipment, such
27as protective eyewear, timers and handrails. The term does not
28include any of the following:
15Section 3. Certificate of registration and fees.
16(a) Requirement.--No legal entity shall establish, maintain,
17operate or hold itself out as authorized to establish, maintain
18or operate a tanning facility without first having obtained a
19certificate of registration issued by the department.
20(b) Application.--A legal entity <-may shall apply for a
21certificate of registration <-for each tanning facility as
22required under subsection (a) by submitting an application to
23the department on a form prescribed by the department. The form
24shall require all of the following information:
30(3) A copy of the operating and safety procedures of the
4(c) Determination.--The department shall issue a certificate
5of registration to <-an applicant a legal entity upon
6determination that the <-applicant legal entity meets all of the
7requirements of this act.
27(g) Renewal.--A legal entity shall submit an application for
28renewal of a certificate of registration <-for each tanning
29facility on a form prescribed by the department prior to
30expiration of its current certificate of registration.
11(ii) For conditions which violate this act.
17(v) Failure to pay registration fees.
18(2) Except in cases involving an immediate threat to
19public health and safety under section 10(b), the department
20shall, prior to suspension or revocation of a certificate of
21registration, provide written notice to the legal entity of
22the facts or conduct which may warrant suspension or
23revocation and shall provide the legal entity with an
24opportunity to demonstrate or achieve compliance. The legal
25entity may request an administrative hearing upon receipt of
26the written notice.
27Section 4. Inspection.
1facility is in compliance with this act.
2(b) Certificate of registration.--A tanning facility that
3holds a certificate of registration is subject to inspections on
4an announced or unannounced basis for purposes of a random
5sample, at the request of an operator<-, a legal entity, or in
6response to a complaint.
9(1) The operation of the tanning facility.
12(3) Operator understanding and competency.
15Section 5. Warning signs and statements.
16(a) Warning signs and statements describing hazards.--<-A The
17legal entity shall ensure each tanning facility <-shall post posts
18a warning sign in a place readily visible to persons entering
19the establishment. The sign shall have dimensions not less than
2011 inches by 17 inches. Lettering must be clear, legible and at
21least 0.25 inches high, with all of the following provisions on
27(3) Avoid overexposure. As with natural sunlight,
28overexposure can cause eye and skin injury and allergic
29reactions. Repeated exposure to ultraviolet radiation may
30cause chronic sun damage characterized by wrinkling, dryness,
1fragility, bruising of the skin and skin cancer.
7(6) Medications or cosmetics may increase your
8sensitivity to the ultraviolet radiation. Consult a physician
9before using a sunlamp if you are using medications, have a
10history of skin problems or believe you are especially
11sensitive to sunlight. Women who are pregnant or are taking
12oral contraceptives who use this product may develop
19(b) Written warning statement.--Each customer shall be
20provided with a written warning statement requiring a signature
21prior to initial exposure. The warning statement shall include
22all of the following:
26(2) Overexposure to ultraviolet light causes burns.
2(ii) cosmetics; or
3(iii) medications, including:
7(D) high blood pressure medicines; or
8(E) birth control pills.
16(c) Liability.--The warning statement provided under
17subsection (b) shall not affect the liability of the <-owner,
18manager <-legal entity or operator of a tanning facility in the
19event that a customer fails to follow the warning statement and
21Section 6. Tanning devices.
22(a) Federal certification.--Only tanning devices
23manufactured and certified under 21 CFR 1040.20 (relating to
24sunlamp products and ultraviolet lamps intended for use in
25sunlamp products) may be used in tanning facilities.
3(3) Be maintained in good repair.
10(3) <-Access shall be of rigid construction, doors must
11open outwardly and handrails and nonslip floors must be
12provided. <-Contain a rigid access, outwardly opening doors,
13handrails and nonslip floors.
14(d) Protective eyewear.--<-Operators shall provide customers
15The legal entity shall provide protective eyewear to each<-
16tanning facility. Operators shall provide customers of the
17tanning facility with protective eyewear in order to use a
18tanning device. When a tanning device is in use, no other person
19shall be allowed to remain in the area unless the person has
20access to protective eyewear. Protective eyewear shall do all of
24(2) Meet the requirements of 21 CFR 1040.20.
27Section 7. Operation.
1accordingly in regard to maximum time of exposure.
5(c) Records.--All records or documentation required by this
6act shall be maintained in the tanning facility for a minimum of
7three years. Records on computer must be backed up on storage
8media other than the hard drive at least monthly and must be
9retrievable as a printed copy. Records shall be accessible by
10the department during an inspection.
14Section 8. Limitations.
18(b) Written authorization required.--No person <-over who is
1917 years of age<-, but under 18 years of age, shall be permitted
20to use a tanning facility without the written authorization of
21the person's parent or legal guardian which indicates that the
22parent or legal guardian consents to the use of a tanning
23facility by the person.
24Section 9. Training.
25(a) Operator.--A <-legal entity with a certificate of
26registration to operate a tanning facility shall have an
27operator present in accordance with subsection (b) who is
28sufficiently knowledgeable in the operation of the tanning
30(1) Knowledge of the requirements of this section and of
12(6) Use of protective eyewear.
13(7) Emergency procedures in case of injury.
16(9) Photosensitizing agents.
17(10) The six different skin types.
18(b) Presence.--A <-trained legal entity shall have an operator
19shall be present at the <-each tanning facility during all
20operating hours while tanning equipment is in operation and <-the
21operator shall inform and assist each customer in the operation
22and use of the tanning device. No <-consumer customer may use the
23tanning equipment in the absence of a trained <-an operator.
27Section 10. Sanctions.
3(2) A legal entity that is in violation of section 8
4shall be subject to a monetary penalty of not more than $250
5for the first violation, up to $500 for the second violation
6and up to $1,000 for each subsequent violation.
7(b) Suspension or revocation.--If the department finds a
8violation of this act that creates an immediate threat to the
9health and safety of the public, the department may suspend or
10revoke the tanning facility's certificate of registration.
<-11(a) Denial, suspension, penalties or revocation.--
<-27(c) (b) Enforcement.--
1(i) Cite each section of the act violated.
8(2) If a <-tanning facility legal entity or operator fails
9to comply with conditions of the written notice provided
10under paragraph (1), the department shall notify the <-owner,
11manager or operator, <-legal entity, by certified mail, that
12unless action is taken within five days of receipt of the
13written notice, the tanning facility's certificate of
14registration shall be suspended or revoked.
20(b) Disposition of moneys.--All fees and fines imposed in
21accordance with this act shall be paid into the Indoor Tanning
22Regulation Fund and are hereby appropriated to the department
23for use in the performance of its duties under this act.
24Section 12. Duties of department.
28Section 13. Severability.
4Section 14. Effective date.
5This act shall take effect as follows:
6(1) Section 4 shall take effect in 730 days.