HF 1869

as introduced - 89th Legislature (2015 - 2016) Posted on 03/16/2015 02:59pm

A bill for an act
relating to commerce; authorizing persons under the age of 18 to use indoor
tanning facilities with consent; amending Minnesota Statutes 2014, sections
325H.05; 325H.09; proposing coding for new law in Minnesota Statutes, chapter
325H; repealing Minnesota Statutes 2014, section 325H.085.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 325H.05, is amended to read:

325H.05 POSTED WARNING REQUIRED.

(a) The facility owner or operator shall conspicuously post the warning deleted text begin signs deleted text end new text begin sign new text end
described in deleted text begin paragraphs deleted text end new text begin paragraph new text end (b) deleted text begin and (c) deleted text end 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
eight inches by ten inches, and must have the following wording:

"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 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."

deleted text begin (c) All tanning facilities must prominently display a sign in a conspicuous place,
at the point of sale, that states it is unlawful for a tanning facility or operator to allow a
person under age 18 to use any tanning equipment.
deleted text end

Sec. 2.

new text begin [325H.061] NOTICE TO CONSUMER.
new text end

new text begin The tanning facility owner or operator shall provide each consumer under the age of
18, before initial exposure at the facility and as otherwise required in section 325H.081,
paragraph (b), with a copy of the following warning, which must be signed, witnessed,
and dated as indicated in the warning:
new text end

new text begin "WARNING STATEMENT
new text end

new text begin This statement must be read and signed by the consumer BEFORE first exposure to
ultraviolet radiation for tanning purposes at the below signed facility.
new text end

new text begin "DANGER - ULTRAVIOLET RADIATION WARNING
new text end

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. Repeated exposure may cause premature aging
of the skin and skin cancer.
new text end

new text begin -Wear protective eyewear.
new text end

new text begin FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN
new text end

new text begin SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
new text end

new text begin -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 end

new text begin I have read the above warning and understand what it means before undertaking any tanning equipment exposure. new text end
new text begin . new text end
new text begin Signature of Operator of Tanning Facility or Equipment new text end
new text begin . new text end
new text begin Signature of Consumer new text end
new text begin . new text end
new text begin Print Name of Consumer new text end
new text begin . new text end
new text begin Date new text end

new text begin OR
new text end

new text begin 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. new text end
new text begin . new text end
new text begin Signature of Operator of Tanning Facility or Equipment new text end
new text begin . new text end
new text begin Witness new text end
new text begin . new text end
new text begin Date" new text end

Sec. 3.

new text begin [325H.081] CONSENT REQUIRED.
new text end

new text begin (a) Before allowing the initial exposure at a tanning facility of a person under the age
of 18, 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.061.
new text end

new text begin (b) For a person under the age of 16, the consent required by this section expires
365 days from the date the warning statement is signed and dated by the parent or legal
guardian pursuant to paragraph (a) and must again be obtained by the tanning facility
for successive 365-day periods until the person reaches the age of 16 as a condition
for allowing the person to use the tanning facility. The notice required under section
325H.061 must be provided by the tanning facility to the customer upon the expiration of
any 365-day period under this paragraph.
new text end

Sec. 4.

Minnesota Statutes 2014, 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 deleted text begin 325H.085 deleted text end new text begin 325H.081 new text end is guilty of a petty misdemeanor.

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 325H.085, new text end new text begin is repealed.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective July 1, 2015.
new text end