SF 1114

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to consumer protection; regulating tanning
facilities; requiring consent; regulating use by
minors; amending Minnesota Statutes 2004, sections
325H.06; 325H.08.

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

Section 1.

Minnesota Statutes 2004, section 325H.06, is
amended to read:

325H.06 NOTICE TO CONSUMER.

new text begin (a) A customer who is 18 years of age or older must provide
photo identification and sign the written warning statement
required by this section at the times required by paragraph
(b). The customer's signature on the warning statement is an
acknowledgment that the person has read and understood the
notice and that the person agrees to wear protective eyewear.
new text end

new text begin (b) new text end The tanning facility owner or operator shall provide
each consumer deleted text begin under the age of deleted text end new text begin who is new text end 18 new text begin years of age or older new text end ,
before initial exposure at the facility new text begin and each time the person
executes or renews a contract to use the tanning facility new text end , with
a copy of the following warning, which must be signed,
witnessed, and dated as indicated in the warning:

"WARNING STATEMENT

DANGER - ULTRAVIOLET RADIATION WARNING

FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT
IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.

.............................
Signature of Operator of
Tanning Facility or Equipment
.............................
Signature of Consumer
.............................
Print Name of Consumer
.............................
Date

OR

.............................
Signature of Operator of
Tanning Facility or Equipment
.............................
Witness
.............................
Date"

Sec. 2.

Minnesota Statutes 2004, section 325H.08, is
amended to read:

325H.08 deleted text begin CONSENT REQUIRED deleted text end new text begin USE BY MINORS new text end .

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 Subdivision 1. new text end

new text begin Persons younger than 13 years of age. new text end

new text begin To
ensure the proper operation of the tanning equipment, a tanning
facility may not allow a person younger than 13 years of age to
use a tanning device unless:
new text end

new text begin (1) the facility receives written permission from the
person's physician allowing the person to use the device; and
new text end

new text begin (2) the persons's parent or legal guardian remains at the
tanning facility while the person uses the device.
new text end

new text begin Subd. 2. new text end

new text begin Persons younger than 18 years of age. new text end

new text begin (a)
Before any person 16 or 17 years of age uses a tanning facility
device for the first time, the person must give the operator a
written informed consent statement signed and dated by the
person's parent or legal guardian stating that the parent or
legal guardian has read and understood the warnings given by the
tanning facility, consents to the minor's use of a tanning
device, and agrees that the minor will use protective eyewear.
new text end

new text begin (b) A person 13, 14, or 15 years of age must be accompanied
by a parent or legal guardian who must remain at the tanning
facility while the person uses the tanning device.
new text end