No tanning equipment shall be installed in any tanning facility, unless the equipment and facility have been found to be in compliance with the following standards:
(A) Sunlamp products:
(1) Each tanning bed shall be located in a separate room with a lockable door, and the room shall have non-transparent walls of a sufficient height to ensure user privacy;
(2) Each sunlamp product shall be equipped with a timer which complies with the requirements of 21 CFR part 1040, Section 1040.20(C)(2), revised as of April 1, 2012 and cited as 21 CFR 1040.20. The maximum timer interval shall not exceed the manufacturer's maximum recommended exposure time. No timer interval shall have an error exceeding plus or minus ten per cent of the maximum timer interval for the product. Each new tanning facility shall install remote timer controls such that clients who are tanning cannot reset the timer;
(3) Each sunlamp product shall incorporate a control on the product, or within arm's reach of a user for products without a control installed on the unit by the manufacturer, to enable the user to manually terminate radiation without pulling the electrical plug or coming in contact with the ultraviolet lamp;
(4) Each lamp in a sunlamp product shall be shielded so as to prevent the lamp from having any contact with the individual using the sunlamp product. The shields shall not contain substantial cracks or breaks in or on any surface. Replacement shields must be similar in size and material to the original manufacturer's installed shields;
(5) Tanning booths shall have a handrail for use during operation;
(6) Each tanning facility shall provide clear instructions on the correct body position for use of the sunlamp product;
(7) Each sunlamp product shall be housed in a separate room, except when the sunlamp product also incorporates a dressing area in its design;
(8) Sunlamp products shall not be altered;
(9) Each sunlamp product shall prominently display the following, FDA-required labels:
(a) "DANGER--Ultraviolet radiation. Follow instructions. Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause premature aging of the skin and skin cancer. WEAR PROTECTIVE EYEWEAR; FAILURE TO MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES. Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult physician before using sunlamp if you are using medications or have a history of skin problems or believe yourself especially sensitive to sunlight. If you do not tan in the sun, you are unlikely to tan from the use of this product."
(b) "This sunlamp product should not be used on persons under the age of 18 years";
(10) Each tanning facility shall be equipped to dissipate heat so that the ambient temperature in the facility does not exceed one hundred degrees Fahrenheit or thirty-seven degrees Celsius;
(11) Ultraviolet lamps, bulbs, and filters shall be replaced as recommended by the manufacturer, or as soon as they become defective or damaged. Only lamps, bulbs or filters that meet FDA requirements for any particular sunlamp product, or a certified compatible lamp, may be used in the operation of the sunlamp product. The facility shall maintain the manufacturer's recommendations for lamps, bulbs, or filters on file in the facility, and shall produce copies of the lamp compatibility sheets upon inspection or request. Electronic versions of lamp compatibility sheets are acceptable;
(12) Tanning facilities shall install lamps and bulbs in a manner that allows board inspectors to view the lamp or bulb label for comparison;
(13) Each sunlamp product, bulb, or component shall not be altered or modified from the manufacturing specifications of the original product or used for purposes other than those noted in the owner's manual for the product.
(B) Chemical tanning products:
(1) Equipment or booths used to apply chemicals to human skin shall be installed and/or used in accordance with the manufacturer's recommendations;
(2) Facilities that offer spray-on, mist-on, or sunless tanning must have the following warning conspicuously posted in the facility": "Warning--This product does not contain a sunscreen and does not protect against sunburn. Repeated exposure of unprotected skin while tanning may increase the risk of skin aging, skin cancer, and other harmful effects to the skin even if you do not burn."
(C) Cosmetic, visible light products:
(1) Equipment or booths that use visible light for cosmetic purposes shall be installed and/or used in accordance with the manufacturer's recommendations;
(2) Facilities shall not modify, alter, or use sunlamp products, chemical tanning products, or any other equipment or products that are not specifically designed to use visible light for cosmetic purposes to provide cosmetic, visible light services.
Five Year Review (FYR) Dates: 02/16/2023
Promulgated Under: 119.03
Statutory Authority: 4713.08(A)(17)
Rule Amplifies: 4713.01, 4713.50, 4713.49, 4713.48
Prior Effective Dates: 12/17/1989, 1/26/1997, 1/17/2002, 1/10/2004, 5/1/2004, 11/1/2013, 10/10/2015