Minnesota Legislature
HF 1328
as introduced - 87th Legislature (2011 - 2012) Posted on 03/29/2011 09:05am
1.6 1.7 1.8 1.9 1.10 1.11 1.12
1.13
1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17
2.18
2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 3.36 3.37 4.1 4.2 4.3 4.4
4.5
4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13
4.14
4.15 4.16 4.17 4.18 4.19 4.20 4.21
4.22
A bill for an act
relating to health; strengthening state laws protecting the health of tanning salon
customers; amending Minnesota Statutes 2010, sections 325H.01, subdivision 7;
325H.05; 325H.06; 325H.08; 325H.09.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 325H.01, subdivision 7, is amended to
read:
Subd. 7.
Tanning facility.
"Tanning facility" means a location, place, area,
structure, or business or a part thereof which provides consumers access to tanning
equipment. Tanning facility includes, but is not limited to, tanning salons, new text begin spas, nail
salons, hair styling salons, new text end health clubs, apartments, or condominiums regardless of
whether a fee is charged for access to the tanning equipment.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2011.
new text end
Sec. 2.
Minnesota Statutes 2010, section 325H.05, is amended to read:
325H.05 POSTED WARNING REQUIRED.
(a) The facility owner or operator shall conspicuously post the warning sign
described in paragraph (b) within three feet of each tanning station. The sign must be
clearly visible, not obstructed by any barrier, equipment, or other object, and must be
posted so that it can be easily viewed by the consumer before energizing the tanning
equipment.
(b) The warning sign required in paragraph (a) shall have dimensions not less than
deleted text begin eightdeleted text end new text begin 18new text end inches by deleted text begin tendeleted text end new text begin 24new text end inches, and must have the following wordingnew text begin , sized no less
than 36 fontnew text end :
"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.
new text begin
-The World Health Agency's International Agency for Research on Cancer has
labeled indoor tanning as a human carcinogen.
new text end
new text begin
-REPEATED EXPOSURE MAY CAUSE PREMATURE AGING OF THE SKIN
AND SKIN CANCER, INCLUDING MELANOMA, A DEADLY FORM OF SKIN
CANCER.
new text end
-Wear protective eyewear.
FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT
IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation.
Consult a physician before using sunlamp or tanning equipment if you are
using medications or have a history of skin problems or believe yourself to be
especially sensitive to sunlight."
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 31, 2011.
new text end
Sec. 3.
Minnesota Statutes 2010, section 325H.06, is amended to read:
325H.06 NOTICE TO CONSUMER.
new text begin (a) new text end The tanning facility owner or operator shall provide each consumer deleted text begin under the age
of 18,deleted text end before initial exposure at the facility, with a copy of the following warning, which
must be signed, witnessed, and dated as indicated in the warning:
"WARNING STATEMENT
This statement must be read and signed by the consumer BEFORE first exposure to
ultraviolet radiation for tanning purposes at the below signed facility.
DANGER - ULTRAVIOLET RADIATION WARNING
deleted text begin
-Follow instructions.
deleted text end
deleted text begin
-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.
deleted text end
new text begin
-The World Health Agency's International Agency for Research on Cancer has
labeled indoor tanning as a human carcinogen.
new text end
new text begin
-REPEATED EXPOSURE MAY CAUSE PREMATURE AGING OF THE SKIN
AND SKIN CANCER, INCLUDING MELANOMA, A DEADLY FORM OF SKIN
CANCER.
new text end
-Wear protective eyewear.
FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT
IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation.
Consult a physician before using sunlamp or tanning equipment if you are
using medications or have a history of skin problems or believe yourself to be
especially sensitive to sunlight.
new text begin
-Follow instructions.
new text end
new text begin
-Avoid overexposure. As with natural sunlight, overexposure can cause eye and
skin injury and allergic reactions.
new text end
I have read the above warning and understand deleted text begin what it meansdeleted text end new text begin the cancer risknew text end before
undertaking any tanning equipment exposure.
|
.
|
|
| Signature of Operator of Tanning Facility or Equipment |
|
|
.
|
|
| Signature of Consumer |
|
|
.
|
|
| Print Name of Consumer |
|
|
.
|
|
| Date |
OR
The consumer is illiterate and/or visually impaired and I have read the warning
statement aloud and in full to the consumer in the presence of the below signed
witness.
|
.
|
|
| Signature of Operator of Tanning Facility or Equipment |
|
|
.
|
|
| Witness |
|
|
.
|
|
| Date" |
new text begin
(b) Any advertisement for indoor UV tanning services must include the following
warning statement:
new text end
new text begin
"WARNING: Indoor tanning is a human carcinogen. Repeated exposure may
cause premature aging of the skin and skin cancer, including melanoma, a deadly form
of skin cancer."
new text end
new text begin
The above warning must occupy at least one-tenth of the area of the advertisement.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2011.
new text end
Sec. 4.
Minnesota Statutes 2010, section 325H.08, is amended to read:
325H.08 CONSENT REQUIRED.
deleted text begin Before allowing the initial exposure at a tanning facility of a person under the age of
16, the owner or operator shall witness the person's parent's or legal guardian's signing and
dating of the warning statement required under section 325H.06.deleted text end new text begin Minors are prohibited
from using tanning equipment unless prescribed by a physician.
new text end
new text begin
Advertising to minors is prohibited. This includes, but is not limited to, advertising
in school newspapers, yearbooks, and sporting events.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2011.
new text end
Sec. 5.
Minnesota Statutes 2010, section 325H.09, is amended to read:
325H.09 PENALTY.
Any person who leases tanning equipment or who owns a tanning facility and who
operates or permits the equipment or facility to be operated in noncompliance with the
requirements of sections 325H.01 to 325H.08 is guilty of a petty misdemeanor.
new text begin
An annual licensing fee of $1,000 will be levied on each tanning facility. These funds
will be utilized for facility inspections, compliance assessments, and penalty enforcements.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2011.
new text end