Regulatory & Legislative Issues

AB 105 was signed into law in 2007 by Gov. Schwarzenegger and went into effect Jan. 1, 2008. The bill—which sought to raise the minimum tanning age from 14 to 18—only incrementally increased regulation on California’s indoor tanning industry, thanks to the efforts of the Indoor Tanning Association (ITA), the California Indoor Tanning Trade Organization (CITTO) and tanning salon owners and operators statewide.

The current version of the bill reaffirms the minimum age to tan with a few minor amendments, including the requirement of new signage in tanning salons and a mandate that additional warnings be added to the written client disclosure form. Those additional warnings are: (a) any person with skin that always burns easily and never tans should avoid an ultraviolet tanning device; and (b) any person with a family history or past medical history of skin cancer should avoid an ultraviolet tanning device.

Additionally, proof of age is required for 14-to 17-year-olds, and the parent or guardian can withdraw their approval at any time.

Tanning salon owners in Kentucky need to be aware of new health regulations regarding indoor tanning equipment, which require that the Cabinet for Health and Family Services (CHFS) and local health departments provide monitoring and oversight of tanning facilities.

These laws, amended by the Kentucky Legislature in fall 2007, require salons to register with their local health department. The mandated registration fee is $20 per establishment and will be valid for one calendar year. Permit fees for facilities are valid from Jan. 1 through Dec. 31 of each calendar year.

In addition, salons now must keep signed parental consent forms on file for teens between the ages of 14 and 18, and must provide a written statement to the consumer that outlines the warnings associated with use of tanning devices. Those younger than age 14 must be accompanied by a parent or legal guardian when tanning.

A new 6-percent sales tax on services including tanning took effect Dec. 1 in Michigan. This service tax was passed in late September as part of a budget-balancing deal, but opponents continue to pressure state lawmakers to repeal the tax.

On Nov. 23, the Saginaw County Chamber of Commerce joined forces with local Republicans for an Ax the Tax Party, part of a statewide petition drive seeking to collect more than 300,000 signatures.

State Treasurer Robert Kleine said the state’s goal was to tax discretionary services under broad headings like personal services. Many of these personal-service businesses are small, and owners worry that they will face a large financial loss.

"I will have to raise my tanning packages," says Tina Gooch of Southfield, Mich.-based Eclipse Tanning. "It’s hard to add taxes on tanning. My first thought was that it is taking more money from the small businesses. I’m upset, but I can’t do anything about it."