Looking Fit 07/2004: The Ever-Changing Tide Of Tanning Regulations

by Rick Mattoon

THE ADDITION OR REVISION OF TANNING RULES at the state level has all too often become an anticipated trend across the country. What does this mean for the indoor tanning industry? Quite simply, we as an industry must become more active in anticipating and joining together to monitor tanning rules being confirmed at an alarming rate.

New Hampshire’s imminent tanning rules include language that will require trained staff to be on site during operating hours and require parental or guardian permission for tanners under 18 years of age. In addition, other states have reported either being in the process of considering new tanning rules or actively contemplating rule revisions. Some of these states include:

MICHIGAN: House Bill 5144 would create a new Public Health Code to license and regulate tanning facilities. Among other issues, the bill would require a written warning for tanners, parental or legal guardian approval for clients under 18, posting of warning signs, reporting of all tanning injuries, and creation of civil fines of up to $500 per violation.

NORTH CAROLINA: Senate Bill 657 would toughen existing rules dealing with age requirements and warning language, and would require operators to abide by session times posted on the equipment with no variations.

NEW JERSEY: Assembly Bill 976 would require tanning facilities to conspicuously post warning signs that state “the dangers of using tanning equipment.” The signage would be required to state that “indoor tanning can be hazardous to a person’s health and may cause skin cancer and long-term eye damage.” Additionally, the signage would state, “indoor tanning has no known health benefits and that prolonged exposure to UVA and UVB rays may cause damage to the skin and eyes.” The bill further provides specifications as to the placement and location of the signage as well as required language.

PENNSYLVANIA: House Bill 109 would create state tanning rules that provide for registration of persons operating a tanning facility, require warning signs, demand operational procedures and impose penalties for noncompliance.

WISCONSIN: Assembly Bill 572, similar to California Bill 2193, would limit the use of tanning devices to persons at least 18 years of age and would require tanning-facility customers to present photographic identification that indicates age.

Although each state has the authority to draft and execute rules as its sees fit, most local authorities have stayed fairly consistent over the years in regard to mandated salon operations. In addition to licensing and registration requirements, operational areas typically covered by state and local regulations pertain to warning signs, protective eyewear, record-keeping, age limits, training and licensing requirements.

Obviously, monitoring indoor tanning rules and regulations that commence at the local level is an enormous undertaking. In addition to 50 state governments, the National Association of Towns and Townships reports approximately 39,000 general-purpose local governments in the United States that all have added authority to include tanning rules.

New laws are not always initiated through a traditional state agency, which adds to the challenges of tracking proposed rules. This is confirmed by surveying existing state offices that regulate tanning. A range of departments including offices of cosmetology, radiation safety, health and consumer affairs oversees today’s active tanning rules.

If local tanning rules weren’t enough to keep us on our toes, the indoor tanning industry has another full-time concern to keep watch over: federal rule changes. Late last year, the Food and Drug Administration (FDA) requested and was given the go-ahead to develop amendments to the U.S. performance standard for sunlamp products. This came after the FDA’s Technical Electronic Product Radiation Safety Standards Committee (TEPRSSC) heard proposals in October for rule changes associated with indoor tanning.

Usually moving at a slower rate than state regulations, federal laws are far reaching and can affect salon operations in all states. Current federal rules being considered for change include:

• Revised warning labels.
• Addition of warning labels to all indoor tanning purchasing information.
• Modification of the definition of a manufacturer.
• More stringent limits on eyewear effectiveness.
• Adoption of a maximum timer setting of 3 MEDs.
• Implementation of a coding system for sunlamps.

The FDA must first submit a proposal for public comment prior to any final acceptance. As of press time, a public comment period had not been established.

To assist the industry in maintaining an awareness of potential rules affecting indoor tanning operations, salon owners across the Unites States must stay attentive to proposed changes at the most local level.

For updates, read future issues of LOOKING FIT® and check Hot News postings at www.lookingfit.com.