22700-22708
BUSINESS AND PROFESSIONS CODE
SECTION 22700-22708
22700. This chapter shall be known and may be cited as the Filante
Tanning Facility Act of 1988.
22701. The Legislature finds and declares:
(a) Many physicians and scientists now warn that the risks
associated with suntanning are greater when tanning with artificial
ultraviolet light.
(b) These risks include, but are not limited to, sunburn,
premature aging, skin cancer, retinal damage, formation of cataracts,
suppression of the immune system, and damage to the vascular system.
(c) Certain medications, cosmetics, and foods are
"photosensitizing," which means that in some people they react
unfavorably with ultraviolet light to produce skin rashes or burns.
(d) Sunlamps and other artificial sources of ultraviolet light are
known to intensify these effects.
(e) The creation of state law to protect and promote the public
health, safety, and welfare is needed concerning tanning with
artificial ultraviolet light.
22702. As used in this chapter:
(a) "Tanning facility" means any location, place, area, structure,
or business that provides persons access to any tanning device.
(b) "Department" means the Department of Consumer Affairs.
(c) "Phototherapy device" means equipment that emits ultraviolet
radiation used by a health care professional in the treatment of
disease.
(d) "Tanning device" means an ultraviolet tanning device and any
accompanying equipment, including, but not limited to, protective
eyewear, timers, and handrails.
(e) "Ultraviolet tanning device" means equipment that emits
electromagnetic radiation with wavelengths in the air between 200 and
400 nanometers used for tanning of the skin, including, but not
limited to, a sunlamp, tanning booth, or tanning bed.
22703. This chapter does not apply to a phototherapy device used by
or under the direct supervision of a licensed physician who is
trained in the use of phototherapy devices.
22704. Any tanning device used by a tanning facility shall comply
with all applicable federal laws and regulations.
22705. (a) A tanning facility shall give each customer, prior to
the customer's use of an ultraviolet tanning device, a written
statement warning that:
(1) Not wearing the eye protection provided to the customer by the
tanning center may cause damage to the eyes.
(2) Overexposure causes burns.
(3) Repeated exposure may cause premature aging of the skin and
skin cancer.
(4) Abnormal skin sensitivity or burning may be caused by certain:
(A) Foods.
(B) Cosmetics.
(C) Medications, including, but not limited to, the following:
(i) Tranquilizers.
(ii) Diuretics.
(iii) Antibiotics.
(iv) High blood pressure medicines.
(v) Birth control pills.
(5) Any person taking a prescription or over-the-counter drug
should consult a physician before using an ultraviolet tanning
device.
(6) Any person with skin that burns easily should avoid an
ultraviolet tanning device.
(7) Any person with a family history or past medical history of
skin cancer should avoid an ultraviolet tanning device.
(b) A tanning facility shall conspicuously post a warning sign in
any area where an ultraviolet tanning device is used that is readily
visible to a person using an ultraviolet tanning device. The sign
shall read as follows:
DANGER: ULTRAVIOLET RADIATION
1. Follow instructions.
2. Avoid too frequent or too lengthy exposure. As with natural
sunlight, exposure can cause eye and skin injury and allergic
reactions. Repeated exposure may cause chronic sun damage
characterized by wrinkling, dryness, fragility and bruising of the
skin, and skin cancer.
3. Wear protective eyewear.
FAILURE TO USE PROTECTIVE EYEWEAR
MAY RESULT IN SEVERE BURNS OR
LONG-TERM INJURY TO THE EYES.
4. Ultraviolet radiation from sunlamps will aggravate the effects
of the sun. Therefore, do not sunbathe before or after exposure to
ultraviolet radiation.
5. Medications or cosmetics may increase your sensitivity to
ultraviolet radiation. Consult a physician before using a sunlamp if
you are using medications, have a history of skin problems, or
believe you are especially sensitive to sunlight. Pregnant women or
women on birth control pills who use this product may develop
discolored skin.
IF YOU DO NOT TAN IN THE SUN YOU WILL
NOT TAN FROM USE OF THIS DEVICE.
(c) A tanning facility may include in the warning sign described
in subdivision (b) the following statement: "Spray on tans and other
sunless tanning products are not subject to the same effects as
ultraviolet tanning devices."
(d) A tanning facility shall not claim, or distribute promotional
materials that claim, that using an ultraviolet tanning device is
safe or free from risk or that indoor tanning has any known health
benefits.
(e) The liability of a tanning facility operator or a manufacturer
of an ultraviolet tanning device is not changed by giving the
warning under this section.
22706. (a) A tanning facility shall:
(1) Have an operator present during operating hours who is
sufficiently knowledgeable in the correct operation of the tanning
devices used at the facility so that he or she is able to inform and
assist each customer in the proper use of the tanning devices.
(2) Before each use of an ultraviolet tanning device, provide each
customer with properly sanitized protective eyewear that protects
the eye from ultraviolet radiation and allows adequate vision to
maintain balance; and not allow a person to use an ultraviolet
tanning device if that person does not use the protective eyewear.
(3) Show each customer how to use suitable physical aids, such as
handrails and markings on the floor, to maintain proper exposure
distance as recommended by the manufacturer.
(4) Use a timer on an ultraviolet tanning device that has an
accuracy of plus or minus 10 percent of any selected timer interval.
The timer shall also be remotely located so that customers cannot set
their own exposure time.
(5) Limit each customer using an ultraviolet tanning device to the
maximum exposure time as recommended by the manufacturer.
(6) Control the interior temperature of a tanning facility so that
it does not exceed 100 degrees Fahrenheit.
(b) (1) Every person who uses a tanning facility shall sign a
written statement acknowledging that he or she has read and
understood the warnings before using the device; and agrees to use
the protective eyewear that the tanning facility provides. The
statement of acknowledgment shall be retained by the tanning facility
until the end of the calendar year at which time each person who is
a current customer of the facility shall be required to renew that
acknowledgment.
(2) Whenever using a tanning device a person shall use the
protective eyewear that the tanning facility provides.
(3) Persons under 14 years of age are prohibited from using an
ultraviolet tanning device.
(4) A tanning facility shall not allow a person between 14 and 18
years of age to use an ultraviolet tanning device unless that person'
s parent or legal guardian provides consent. For purposes of this
paragraph, "consent" means that the parent or legal guardian appears
in person at the minor's initial use of an ultraviolet tanning device
within a consecutive 12-month period and signs a written consent
form in the presence of the owner or an employee of the facility. The
minor's parent or legal guardian may withdraw this consent at any
time. Unless so withdrawn, this consent shall be valid for 12 months
from the date the written consent form is signed and may be renewed
annually in accordance with this paragraph. The written consent form
required by this paragraph shall state that the parent or legal
guardian has read and understood the warnings given by the tanning
facility, consents to the minor's use of an ultraviolet tanning
device, and agrees that the minor will use the protective eyewear
that the tanning facility provides.
(5) Proof of age shall be satisfied with a driver's license or
other government issued identification containing the date of birth
and a photograph of the individual.
22707. If a patron is injured whereupon he or she must seek medical
attention, a tanning facility shall do the following:
(a) Report any injury to the department.
(b) Send a copy of the injury report to the person who is injured.
(c) Send a copy of the injury report to the Federal Food and Drug
Administration.
22708. (a) A first violation of this chapter is an infraction. Each
day a first violation continues constitutes a separate infraction.
(b) Any violation of this chapter subsequent to a first violation
is a misdemeanor. Each day a subsequent violation continues
constitutes a separate misdemeanor.
(c) A tanning facility that has violated this chapter shall be
liable for a civil penalty not to exceed two thousand five hundred
dollars ($2,500) per day in addition to any other penalty established
by law.