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 which 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 any 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.  Tanning device
also means any accompanying equipment, including, but not limited to,
protective eyewear, timers, and handrails.



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 tanning facility shall give each customer 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) Over exposure 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 a tanning device.
   (b) A tanning facility shall post a warning sign in any area where
a tanning device is used.  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 sun lamps 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.
   (d) A tanning facility shall not claim, or distribute promotional
materials that claim, that using a tanning device is safe or free
from risk.
   (e) The liability of a tanning facility operator or a manufacturer
of a 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 a 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 a 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 that has an accuracy of plus or minus 10 percent
of any selected timer interval.
   (5) Limit each customer 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 F.
   (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) Before any person between the ages of 14 and 18 uses a tanning
device, he or she shall give the tanning facility a statement signed
by his or her parent or legal  guardian stating that the parent or
legal guardian has  read and understood the warnings given by the
tanning facility, consents to the minor's use of a tanning device,
and agrees that the minor will use the protective eyewear that the
tanning facility provides.
   (4) A person under the age of 14 shall be accompanied by a parent
or legal guardian when using a tanning device.




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.