State and local regulations are key elements to keeping the indoor tanning industry running on a level playing field. Since the mid-1980s, a number of states have implemented regulations for businesses that offer indoor tanning services.
With these instances of state level regulation now in place and available to serve as examples for other states, industry experts expect many of the remaining states to be at work on their own regulations.
The Conference of Radiation Control Program Directors (CRCPD) is, as its name suggests, a national organization made up of the directors of the radiation control programs of each state. In existence since 1968, its purpose is to share knowledge freely between the states and to set national standards for radiation control.
The organization has created model regulations to give governmental agencies at all levels a framework on which to build the codes for their particular state. The CRCPD’s intent is to achieve some national uniformity in this type of regulation. Although the model only addresses radiation control, and skips over some health and cosmetic issues such as sanitation, most local authorities should find it a good starting point, since most of their radiological research is already done for them.
Not surprisingly, in Ohio, North Carolina and California, as well as in the handful of counties and cities with regulations in place, the central theme seems to be consumer safety. Whatever their intent, there are some limits to what local rules can require. States and cities cannot implement any regulation that is substantially different from the FDA regulations, according to FDA representatives.
States, counties and cities are fairly consistent in what they address. Most have provisions requiring that all businesses offering tanning be registered, that warning signs be posted, that consumers are adequately notified of the risks of tanning, that protective eyewear is available, that certain minimum cleanliness standards are observed, that minors not be allowed to tan without parental permission and that the state or FDA be notified of any injuries.
Overall, the number of tanning businesses affected by state or local codes is growing. Authorities in the following states and local governments either have rules in place, are in the process of writing legislation or have at least requested information to that end from one of the trade associations, the FDA or Looking Fit Magazine: Arizona, California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oregon, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia and Wisconsin.
Getting Involved
Whenever proposed legislation arises, the involvement of salon owners in its development is imperative.
The attempt by the Weights and Measures division of the Department of Health and Human Services in Columbus, Ohio, to regulate tanning unit timers is one example.
If it hadn’t been derailed by objections from local salon owners and even the Ohio Board of Cosmetology, the measure would have required timers to be accurate to within five seconds over the length of a session. FDA and Ohio requirements allow timers in tanning equipment a variance of + or - 10 percent, or three minutes over a 30-minute session.
The Board of Cosmetology opposed the local ordinance because the industry in Columbus was already subject to both state and federal regulations, and contradicting rules at the city level made no sense. If the measure had passed, it would have been possible for a salon to be completely in compliance with both the FDA and state codes and still be cited and fined by a Columbus Weights and Measures inspector.
Clearly, local authorities can benefit from informed input. However, those who have experience in working with legislators on any level recommend that the most important thing to do is to arrange your support and prepare your strategy before ever meeting with them. Learn as much about ultraviolet radiation and its effects as possible. Don’t hesitate to request information from the FDA, a trade association, magazine or manufacturer.
Once you’re armed with the facts, calmly offer constructive advice, not just complaints. The squeaky wheel gets the grease, but it’s annoying all the same. If you have an argument with something, be sure to have a suggested improvement prepared. Give it to them in writing so they can refer back to it in later planning sessions.
Don’t overlook other local businesses as allies either. The greater the number of local business owners who show interest in the developing regulations, the more seriously most authorities will take the process. If addressing authorities at a public meeting, a coalition of salon owners would be well-advised to compare notes and consider electing one spokesperson, rather than having several consecutive speakers rehash the same points over and over again. The easier it is for the council or board to listen and the more reasonable salon owners come across as being, the better the chances of success. If regulations are proposed that you do not find objectionable, plan to attend the public hearings anyway and comment on the proposals. There’s no telling what can be changed or added on at the last minute.
Sample State Regulations
The following is a sample of state regulations for indoor tanning, provided by Tennessee.
68-54-101. Short title—This chapter shall be known and may be cited as the “Tanning Facility Control Act of 1990.” (Acts 1990, ch.845 sec. 1.) Effective dates. July 1, 1990. Cross-References. Consumer Protection, title 47, ch. 18.
68-54-102. Definitions—As used in this chapter, unless the context otherwise requires: (1) “Tanning device” means any equipment that emits radiation used for tanning of the skin, such as a sunlamp, tanning booth, or tanning bed, and includes any accompanying equipment, such as protective eyewear, timers and handrails; and (2) “Tanning facility” means any place where a tanning device is used for a fee, membership dues, or any other compensation. (Acts 1990, ch. 845, sec. 1.)
68-54-103. Applicability To Health Care Professionals—The provisions of this chapter do not apply to a licensed health care professional who uses a tanning device for the treatment of patients, if such use is within the lawful scope of practice of such health care professional. (Acts 1990, ch. 845, sec.1.)
68-54-104. Requirements—(a) A tanning facility must: (1) Have a trained attendant on duty whenever the facility is open for business; (2) Provide each customer with protective eyewear that meets the standards for tanning devices established under this chapter; (3) Not allow a person to use a tanning device if that person does not use the protective eyewear; (4) Show each customer how to use suitable physical aides, such as handrails and markings on the floor, to maintain proper exposure distance as recommended by the manufacturer; (5) Limit each customer to the maximum exposure time as recommended by the manufacturer; and (6) Control the interior temperature of a tanning facility so that it does not exceed 34-degrees C.
68-54-104. Requirements—(b1) Either each time a person uses a tanning facility or each time a person executes or renews a contract to use a tanning facility, the person must sign a written statement that the person: (1) Has read and understood the warnings before using the device; and (2) Agrees to use the protective eyewear that the tanning facility provides.
68-54-104. Requirements—(b2) When using a tanning device a person must use the protective eyewear that the tanning facility provides.
68-54-104. Requirements—(b3) A person between the ages of 14 and 18 must give the tanning facility a statement signed by the person’s parent or legal guardian consenting to the person’s use of a tanning device.
68-54-104. Requirements—(b4) A person under the age of 14 must be accompanied by a parent when using a tanning device. (Acts 1990, ch. 845, sec. 1).
68-54-105. Penalty—A violation of any of the provisions of this chapter constitutes a misdemeanor punishable by a fine of not more than $500. Each day on which a violation occurs constitutes a separate offense. (Acts 1990, ch. 845, sec. 1).
