(b) Protective goggles (1) Each consumer shall be provided with protective goggles and instructions for their use. (2) Protective goggles shall meet the requirements of 21 CFR Part 1040, Section 1040.20(c)(5). (3) Protective goggles shall be properly sanitized before each use. Exposure to the ultraviolet radiation produced by the tanning equipment itself is not considered a sanitizing agent. (4) Each consumer shall wear the protective goggles as instructed. (c) Operation. (1) An operator must be present when tanning equipment is operated. (2) Prior to initial exposure each consumer shall be provided with the opportunity to read a copy of the warning specified in Section BB.12(a)(1). The operator shall then request that the consumer sign a statement that the information has been read and understood. For illiterate or visually handicapped persons, the warning statement shall be read by the operator in the presence of a witness. Both the witness and the operator shall sign the statement. (3) A record shall be kept by the facility operator of each consumer’s total number of tanning visits and tanning times. (4) A written report of any tanning injury shall be forwarded to the Agency within five working days of its occurrence or knowledge thereof. This report shall include: (i) The name of the affected individual; (ii) The name and location of the tanning facility involved; (iii) The nature or the injury; (iv) The name and address of the health care provider, if any; and (v) Any other information considered relevant to the situation.
(5) No minor shall be allowed to use the tanning facility unless the minor provides a consent form signed by the parent or legal guardian. The parent or guardian shall have been provided with the basic information required under Section BB.12(a)(1).
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