Section § 22700

Explanation

This law is officially called the Filante Tanning Facility Act of 1988.

This chapter shall be known and may be cited as the Filante Tanning Facility Act of 1988.

Section § 22701

Explanation

The law highlights that the Legislature recognizes the potential dangers of tanning with artificial ultraviolet light. It states that experts warn of increased risks such as sunburn, skin cancer, and damage to the eyes and immune system. Additionally, some medications and cosmetics can react adversely to UV light, causing skin issues. Therefore, the law underlines the need for regulations to protect public health and safety related to artificial tanning.

The Legislature finds and declares:
(a)CA Business and Professions Code § 22701(a) Many physicians and scientists now warn that the risks associated with suntanning are greater when tanning with artificial ultraviolet light.
(b)CA Business and Professions Code § 22701(b) These risks include, but are not limited to, sunburn, premature aging, skin cancer, retinal damage, formation of cataracts, suppression of the immune system, and damage to the vascular system.
(c)CA Business and Professions Code § 22701(c) Certain medications, cosmetics, and foods are “photosensitizing,” which means that in some people they react unfavorably with ultraviolet light to produce skin rashes or burns.
(d)CA Business and Professions Code § 22701(d) Sunlamps and other artificial sources of ultraviolet light are known to intensify these effects.
(e)CA Business and Professions Code § 22701(e) The creation of state law to protect and promote the public health, safety, and welfare is needed concerning tanning with artificial ultraviolet light.

Section § 22702

Explanation

This law defines terms related to tanning facilities in California. A "tanning facility" is any place that provides access to tanning devices. The "Department" refers to the Department of Consumer Affairs. A "phototherapy device" is used by healthcare professionals to treat diseases with UV light. A "tanning device" includes UV tanning equipment and related items like eyewear, timers, and handrails. An "ultraviolet tanning device" is equipment that emits UV radiation for skin tanning, such as tanning beds and booths.

As used in this chapter:
(a)CA Business and Professions Code § 22702(a) “Tanning facility” means any location, place, area, structure, or business that provides persons access to any tanning device.
(b)CA Business and Professions Code § 22702(b) “Department” means the Department of Consumer Affairs.
(c)CA Business and Professions Code § 22702(c) “Phototherapy device” means equipment that emits ultraviolet radiation used by a health care professional in the treatment of disease.
(d)CA Business and Professions Code § 22702(d) “Tanning device” means an ultraviolet tanning device and any accompanying equipment, including, but not limited to, protective eyewear, timers, and handrails.
(e)CA Business and Professions Code § 22702(e) “Ultraviolet tanning device” means equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers used for tanning of the skin, including, but not limited to, a sunlamp, tanning booth, or tanning bed.

Section § 22703

Explanation

This law section says that the rules in this chapter do not apply to phototherapy devices if they are used by a licensed doctor who knows how to use them properly, or if the device is used under the doctor's direct supervision.

This chapter does not apply to a phototherapy device used by or under the direct supervision of a licensed physician who is trained in the use of phototherapy devices.

Section § 22704

Explanation
Tanning facilities must ensure that any tanning equipment they use follows all relevant federal rules and guidelines.
Any tanning device used by a tanning facility shall comply with all applicable federal laws and regulations.

Section § 22705

Explanation

This law requires tanning salons to give customers a written warning before using UV tanning devices. The warning must highlight risks like eye damage without eye protection, burns from overexposure, skin aging, and potential skin cancer. It also mentions certain foods, cosmetics, and medications can heighten skin sensitivity. Customers are advised to consult a doctor if on medications or have sensitive skin. Warnings must be visibly posted in tanning areas and should mention the dangers of UV radiation, the importance of protective eyewear, and the risks for people with a history of skin cancer. The law prohibits tanning facilities from falsely claiming indoor tanning is safe or has health benefits, and states that providing these warnings doesn't change the legal responsibility of the salon or device maker.

(a)CA Business and Professions Code § 22705(a) A tanning facility shall give each customer, prior to the customer’s use of an ultraviolet tanning device, a written statement warning that:
(1)CA Business and Professions Code § 22705(a)(1) Not wearing the eye protection provided to the customer by the tanning center may cause damage to the eyes.
(2)CA Business and Professions Code § 22705(a)(2) Overexposure causes burns.
(3)CA Business and Professions Code § 22705(a)(3) Repeated exposure may cause premature aging of the skin and skin cancer.
(4)CA Business and Professions Code § 22705(a)(4) Abnormal skin sensitivity or burning may be caused by certain:
(A)CA Business and Professions Code § 22705(a)(4)(A) Foods.
(B)CA Business and Professions Code § 22705(a)(4)(B) Cosmetics.
(C)CA Business and Professions Code § 22705(a)(4)(C) Medications, including, but not limited to, the following:
(i)CA Business and Professions Code § 22705(a)(4)(C)(i) Tranquilizers.
(ii)CA Business and Professions Code § 22705(a)(4)(C)(ii) Diuretics.
(iii)CA Business and Professions Code § 22705(a)(4)(C)(iii) Antibiotics.
(iv)CA Business and Professions Code § 22705(a)(4)(C)(iv) High blood pressure medicines.
(v)CA Business and Professions Code § 22705(a)(4)(C)(v) Birth control pills.
(5)CA Business and Professions Code § 22705(a)(5) Any person taking a prescription or over-the-counter drug should consult a physician before using an ultraviolet tanning device.
(6)CA Business and Professions Code § 22705(a)(6) Any person with skin that burns easily should avoid an ultraviolet tanning device.
(7)CA Business and Professions Code § 22705(a)(7) Any person with a family history or past medical history of skin cancer should avoid an ultraviolet tanning device.
(b)CA Business and Professions Code § 22705(b) A tanning facility shall conspicuously post a warning sign in any area where an ultraviolet tanning device is used that is readily visible to a person using an ultraviolet tanning device. The sign shall read as follows:
1. Follow instructions.
2. Avoid too frequent or too lengthy exposure. As with natural sunlight, exposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause chronic sun damage characterized by wrinkling, dryness, fragility and bruising of the skin, and skin cancer.
3. Wear protective eyewear.
FAILURE TO USE PROTECTIVE EYEWEAR
MAY RESULT IN SEVERE BURNS OR
LONG-TERM INJURY TO THE EYES.
4. Ultraviolet radiation from sunlamps will aggravate the effects of the sun. Therefore, do not sunbathe before or after exposure to ultraviolet radiation.
5. Medications or cosmetics may increase your sensitivity to ultraviolet radiation. Consult a physician before using a sunlamp if you are using medications, have a history of skin problems, or believe you are especially sensitive to sunlight. Pregnant women or women on birth control pills who use this product may develop discolored skin.
IF YOU DO NOT TAN IN THE SUN YOU WILL
NOT TAN FROM USE OF THIS DEVICE.
(c)CA Business and Professions Code § 22705(c) A tanning facility may include in the warning sign described in subdivision (b) the following statement: “Spray on tans and other sunless tanning products are not subject to the same effects as ultraviolet tanning devices.”
(d)CA Business and Professions Code § 22705(d) A tanning facility shall not claim, or distribute promotional materials that claim, that using an ultraviolet tanning device is safe or free from risk or that indoor tanning has any known health benefits.
(e)CA Business and Professions Code § 22705(e) The liability of a tanning facility operator or a manufacturer of an ultraviolet tanning device is not changed by giving the warning under this section.

Section § 22706

Explanation

This law sets rules for tanning facilities. They must have a knowledgeable operator present during operating hours to assist customers. Before using an ultraviolet tanning device, customers are given sanitized protective eyewear and must wear it. Facilities should show customers how to use aids for correct distance during tanning, use timers for tanning devices, limit exposure times according to manufacturer recommendations, and keep the temperature below 100 degrees Fahrenheit. Customers must sign an understanding of the warnings and agree to wear eyewear. Under 18s cannot use the devices, and proof of age is required.

(a)CA Business and Professions Code § 22706(a) A tanning facility shall:
(1)CA Business and Professions Code § 22706(a)(1) Have an operator present during operating hours who is sufficiently knowledgeable in the correct operation of the tanning devices used at the facility so that he or she is able to inform and assist each customer in the proper use of the tanning devices.
(2)CA Business and Professions Code § 22706(a)(2) Before each use of an ultraviolet tanning device, provide each customer with properly sanitized protective eyewear that protects the eye from ultraviolet radiation and allows adequate vision to maintain balance; and not allow a person to use an ultraviolet tanning device if that person does not use the protective eyewear.
(3)CA Business and Professions Code § 22706(a)(3) Show each customer how to use suitable physical aids, such as handrails and markings on the floor, to maintain proper exposure distance as recommended by the manufacturer.
(4)CA Business and Professions Code § 22706(a)(4) Use a timer on an ultraviolet tanning device that has an accuracy of plus or minus 10 percent of any selected timer interval. The timer shall also be remotely located so that customers cannot set their own exposure time.
(5)CA Business and Professions Code § 22706(a)(5) Limit each customer using an ultraviolet tanning device to the maximum exposure time as recommended by the manufacturer.
(6)CA Business and Professions Code § 22706(a)(6) Control the interior temperature of a tanning facility so that it does not exceed 100 degrees Fahrenheit.
(b)Copy CA Business and Professions Code § 22706(b)
(1)Copy CA Business and Professions Code § 22706(b)(1) Every person who uses a tanning facility shall sign a written statement acknowledging that he or she has read and understood the warnings before using the device; and agrees to use the protective eyewear that the tanning facility provides. The statement of acknowledgment shall be retained by the tanning facility until the end of the calendar year at which time each person who is a current customer of the facility shall be required to renew that acknowledgment.
(2)CA Business and Professions Code § 22706(b)(2) Whenever using a tanning device a person shall use the protective eyewear that the tanning facility provides.
(3)CA Business and Professions Code § 22706(b)(3) Persons under 18 years of age are prohibited from using an ultraviolet tanning device.
(4)CA Business and Professions Code § 22706(b)(4) Proof of age shall be satisfied with a driver’s license or other government issued identification containing the date of birth and a photograph of the individual.

Section § 22707

Explanation

If someone gets hurt and needs medical help in a tanning salon, the salon must do three things: tell the state department about it, give the injured person a copy of the report, and also send that report to the Federal Food and Drug Administration (FDA).

If a patron is injured whereupon he or she must seek medical attention, a tanning facility shall do the following:
(a)CA Business and Professions Code § 22707(a) Report any injury to the department.
(b)CA Business and Professions Code § 22707(b) Send a copy of the injury report to the person who is injured.
(c)CA Business and Professions Code § 22707(c) Send a copy of the injury report to the Federal Food and Drug Administration.

Section § 22708

Explanation

This law says that if it's your first time breaking the rules in this chapter, it's considered a minor offense or infraction, and each day you keep breaking it counts as a new infraction. If you break the rules again after that, it becomes a more serious offense called a misdemeanor, with each day still counting as a separate misdemeanor. Additionally, if a tanning facility violates these rules, they can be fined up to $2,500 per day, on top of any other penalties.

(a)CA Business and Professions Code § 22708(a) A first violation of this chapter is an infraction. Each day a first violation continues constitutes a separate infraction.
(b)CA Business and Professions Code § 22708(b) Any violation of this chapter subsequent to a first violation is a misdemeanor. Each day a subsequent violation continues constitutes a separate misdemeanor.
(c)CA Business and Professions Code § 22708(c) A tanning facility that has violated this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day in addition to any other penalty established by law.