Regulatory & Legislative Issues

It is important for tanning salon owners and operators to pay attention to proposed regulation changes at all levels—not only to make sure that compliance is met, but also to ensure a voice in the process.

The addition or revision of tanning rules at the state and local levels has become an all-too-common trend across the country. What does this mean for the indoor tanning industry? Quite simply, we must join together as proponents of the industry and become more active in anticipating, monitoring and fighting these tanning restrictions.

The Indoor Tanning Association (ITA) spent much of its time fighting anti-tanning legislation at the state level; however, many local municipalities also introduced anti-tanning referendums. This is extremely troublesome since what was once a state issue also has become a local and county issue.

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, recordkeeping, age limits and training requirements.

Last year, just as in 2006, the industry witnessed increased fire from the anti-tanning coalition. In fact, salons reported that anti-tanning campaigns affected their season by 25 percent—up from 16 percent in 2006.

At least 22 proposed anti-tanning legislations were introduced in 20 states and at the local level—the majority of which were aimed at restricting teen tanning. Bills that carried over to 2008 included those in Massachusetts, Michigan, New York, Ohio and Pennsylvania.

It seems 2008 is off to another fast start in terms of anti-tanning legislation. A number of bills carried over from 2007, and South Dakota recently drafted new legislation.

A bill to place sales tax on indoor tanning services is on the table in Maryland again. Delegate Dan K. Morhaim introduced HB 250, which proposes altering the definition of "taxable service" under the sales and use tax to impose a 6-percent tax on indoor tanning. The tax revenue would then be distributed to Maryland’s Health Care Coverage Fund.

Maryland salon owners can oppose this new legislation by contacting their district delegates and senator, delegates on the Ways and Means Committee, senators on the Budget and Taxation Committee and Gov. O’Malley.

Introduced in 2007, SB 1329 seeks to add additional regulations to an already heavily regulated industry that provides a controlled environment where individuals can receive the benefits of ultraviolet light while minimizing their risk of sunburn.