1Providing for the regulation of indoor tanning facilities;
2establishing the Indoor Tanning Regulation Fund; and
3providing for penalties.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the Indoor
8Tanning Regulation Act.

9Section 2. Definitions.

10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:

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.

3"Fitzpatrick scale." A scale for classifying a skin type,
4based on the skin's reaction to the first ten to 45 minutes of
5sun exposure after the winter season as follows:

6Skin Type

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

13"Legal entity." An individual, corporation, partnership,
14proprietorship or association.

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.

19"Tanning bed" or "tanning booth." A structure lined with
20sunlamps in which one stands or reclines in order to tan the

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:

29(1) Phototherapy devices providing therapeutic benefits
30to patients receiving medically supervised treatment

1prescribed by and under the direct supervision of a licensed
<-2physician health care provider who is trained in the use of
3phototherapy devices.

4(2) Devices used for personal use in a private

6(3) Devices intended for purposes other than the
7irradiation of human skin.

8(4) Devices used to apply chemicals to the skin to
9achieve a bronze color, commonly referred to as spray-on,
10mist-on or sunless tans.

11"Tanning facility." Any place where a tanning device is used
12for a fee, membership dues or any other compensation.

13"Ultraviolet radiation." Electromagnetic radiation with
14wavelengths between 200 and 400 nanometers.

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:

25(1) The name, address and telephone number of the
26tanning facility and <-owner legal entity.

27(2) A signed and dated certification that the <-applicant 
<-28legal entity has read and understands the requirements of
29this act.

30(3) A copy of the operating and safety procedures of the

1tanning facility.

2(4) Any additional information required by 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.

8(d) Fee.--<-An applicant A legal entity submitting an 
9application for a certificate of registration shall be required
10to pay an annual registration fee in accordance with the

12(1) One hundred fifty dollars annually per tanning 
13facility that operates two beds or less.

14(2) Three hundred dollars annually per tanning facility
15that operates more than two beds and $20 per additional bed
16operated over ten beds.

17(3) The department may increase the registration fees
18under this subsection by regulation to ensure implementation
19of this act.

20(e) Posting.--A legal entity shall post its certificate of
21registration in a location <-in each tanning facility that is
22clearly visible to <-its customers.

23(f) Term.--A certificate of registration shall be issued for
24a period of time not to exceed 12 months following the date of
25issuance and shall be renewable for each additional year

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.

1(h) Nontransferability.--A certificate of registration shall
2not be transferable from one legal entity or one tanning
3facility to another.

<-4(i) Denial, suspension or revocation.--The following shall
5apply to the denial, suspension or revocation of a certificate
6of registration:

7(1) The department may deny, suspend or revoke a
8certificate of registration for any of the following reasons:

9(i) Submission of false statements in application,
10reports, plans or specifications.

11(ii) For conditions which violate this act.

12(iii) Operation of the tanning facility in a manner
13that threatens public health or safety.

14(iv) Failure to allow the department to enter the
15tanning facility at reasonable hours for inspection or

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.

28(a) Access.--The department shall have access at reasonable
29times to any tanning facility, including the records of the
30tanning facility, to inspect and determine whether the tanning

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.

7(c) Scope.--Inspections conducted by the department under
8this section shall encompass all of the following <-matters:

9(1) The operation of the tanning facility.

10(2) Review of required records and training

12(3) Operator understanding and competency.

13(4) <-Any other area concerning a requirement Adherence to 
14other requirements of this act.

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
22the sign:

23(1) The wording, "DANGER--ULTRAVIOLET RADIATION," in
24letters at least 0.5 inches high.

25(2) Follow the manufacturer's instructions for use of
26this device.

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.

2(4) Customers should avoid sunbathing before or after
3exposure to ultraviolet radiation from sunlamps.

4(5) Wear protective eyewear. Failure to use protective
5eyewear may result in severe burns or permanent injury to the

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
13discolored skin.

14(7) Contact the Department of Health to report an
15alleged health concern or injury regarding this tanning

17(8) The wording, "IF YOU DO NOT TAN IN THE SUN, YOU ARE

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:

23(1) Failure to use the eye protection provided to the
24customer by the tanning facility may result in damage to the

26(2) Overexposure to ultraviolet light causes burns.

27(3) Repeated exposure may result in premature aging of
28the skin and skin cancer.

29(4) Abnormal skin sensitivity or burning may be caused
30by reactions of ultraviolet light to certain:

1(i) foods;

2(ii) cosmetics; or

3(iii) medications, including:

4(A) tranquilizers;

5(B) diuretics;

6(C) antibiotics;

7(D) high blood pressure medicines; or

8(E) birth control pills.

9(5) Any person taking a prescription or over-the-counter
10drug should consult a physician before using a tanning

12(6) A person with skin that always burns easily and
13never tans should avoid a tanning device.

14(7) A person with a family or past medical history of
15skin cancer should avoid a tanning device.

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
20incurs damages.

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.

26(b) Condition.--All tanning devices shall do all of the

28(1) Meet the National Fire Protection Association's
29National Electrical Code and any other State or local
30electrical codes.

1(2) Have physical barriers to protect customers from
2injury due to touching or breaking lamps.

3(3) Be maintained in good repair.

4(c) Stand-up booths.--Stand-up booths shall meet all of the
5following conditions:

6(1) Have physical barriers or other means to indicate
7proper exposure distance.

8(2) Be constructed rigidly enough to withstand stress of
9use and impact of a falling person.

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
21the following:

22(1) Be provided free of charge. Customers may also be
23given the option to use their own eyewear.

24(2) Meet the requirements of 21 CFR 1040.20.

25(3) Be properly sanitized before each use. Ultraviolet
26rays shall not be considered a sanitizing agent.

27Section 7. Operation.

28(a) Skin type.--<-Operators must beThe legal entity shall 
29ensure the operator is able to recognize the skin type of the
30customer based on the Fitzpatrick scale and advise the customer

1accordingly in regard to maximum time of exposure.

2(b) Customer records.--<-A record shall be The legal entity 
3shall ensure a record is kept of each customer's total number of
4tanning visits, date, time and duration of each.

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.

11(d) Duration and frequency.--Operators shall limit <-a 
12customer's session duration and frequency to maximums
13recommended by the manufacturer.

14Section 8. Limitations.

15(a) Prohibition.--No person who is <-under 17 years of age 16 
16years of age or younger shall be permitted to use a tanning

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
29devices, including:

30(1) Knowledge of the requirements of this section and of

121 CFR 1040.20 (relating to sunlamp products and ultraviolet
2lamps intended for use in sunlamp products).

3(2) Proper use of the United States Food and Drug
4Administration's recommended exposure schedule.

5(3) Procedures for correct operation of the tanning

7(4) Recognition of injuries and the <-tanning facility's
8procedures of handling the injuries from overexposure to
9ultraviolet radiation.

10(5) Manufacturer's procedures for operation and
11maintenance of the tanning device.

12(6) Use of protective eyewear.

13(7) Emergency procedures in case of injury.

14(8) Effects of ultraviolet radiation, acute and chronic
15exposure and health risks.

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.

24(c) Compliance.--A <-tanning facility owner legal entity shall
25comply with this section by having a signed affidavit or
26attestation on file.

27Section 10. Sanctions.

<-28(a) Penalty.--

29(1) A legal entity that operates a tanning facility in
30violation of this act shall be subject to suspension or

1revocation of the tanning facility's certificate of

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.--

12(1) A certificate of registration shall be denied to a
13legal entity who has not met the requirements of section 3 of
14this act.

15(2) The department may suspend or revoke a certificate
16of registration from a legal entity for:

17(i) the submission of false statements in the
18application, reports, plans or specifications;

19(ii) failure to allow the department to enter the
20tanning facility at reasonable hours for inspection or

22(iii) a violation of this act that creates an
23immediate threat to the health and safety of the public;

25(iv) failure to comply with conditions of the
26written notice under subsection (b)(2).

<-27(c) (b) Enforcement.--

28(1) The department may take the following steps in
29writing or use any other acts and regulations to enforce the
30provisions of this act:

1(i) Cite each section of the act violated.

2(ii) Specify the manner in which the <-owner, manager 
<-3legal entity or operator failed to comply with this act.

4(iii) Require a corrective action plan, including a
5reasonable time schedule for completion. The department
6shall review the corrective action plan and approve or
7require modification of the plan.

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.

15Section 11. Fund established; disposition of fees, fines and

17(a) Fund established.--There is hereby established a
18restricted account within the General Fund known as the Indoor
19Tanning Regulation Fund.

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.

25The department shall administer the provisions of this act
26and promulgate and adopt such regulations as may be necessary to
27implement this act.

28Section 13. Severability.

29The provisions of this act are severable. If any provision of
30this act or its application to any person or circumstance is

1held invalid, the invalidity shall not affect other provisions
2or applications of this act which can be given effect without
3the invalid provision or application.

4Section 14. Effective date.

5This act shall take effect as follows:

6(1) Section 4 shall take effect in 730 days.

7(2) The remainder of this act shall take effect in 60