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Key: (1) language to be deleted (2) new language

  
    Laws of Minnesota 1993 

                        CHAPTER 316-S.F.No. 751 
           An act relating to commerce; regulating tanning 
          facilities; requiring warning notices; establishing 
          record keeping requirements; prescribing penalties; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 461. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                    REGULATION OF TANNING FACILITIES
    Section 1.  [461.16] [DEFINITIONS.] 
    Subdivision 1.  [APPLICATION.] The definitions in this 
section apply to sections 461.16 to 461.26. 
    Subd. 2.  [CONSUMER.] "Consumer" means an individual who is 
provided access to a tanning facility. 
    Subd. 3.  [INDIVIDUAL.] "Individual" means a human being. 
    Subd. 4.  [OPERATOR.] "Operator" means an individual 
designated by the tanning facility owner or tanning equipment 
lessee to operate, or to assist and instruct the consumer in the 
operation and use of, the tanning facility or tanning equipment; 
however an operator in an apartment or a condominium need not 
exercise direct supervision or be physically on the premises at 
all times. 
    Subd. 5.  [PERSON.] "Person" means an individual, 
corporation, partnership, limited liability company, firm, 
association, trust, estate, public or private institution, 
group, agency, political subdivision of this state, any other 
state, or political subdivision or agency thereof, and any legal 
successor, representative, agent, or agency of these entities.  
    Subd. 6.  [TANNING EQUIPMENT.] "Tanning equipment" means 
ultraviolet or other lamps and equipment containing these lamps 
intended to induce skin tanning through the irradiation of any 
part of the living human body with ultraviolet radiation.  
    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, health 
clubs, apartments, or condominiums regardless of whether a fee 
is charged for access to the tanning equipment.  
    Subd. 8.  [ULTRAVIOLET RADIATION.] "Ultraviolet radiation" 
means electromagnetic radiation with wavelengths in air between 
200 nanometers and 400 nanometers.  
    Sec. 2.  [461.17] [REGULATIONS; APPLICABILITY; EXEMPTIONS.] 
    Subdivision 1.  [REGULATIONS; APPLICABILITY.] A tanning 
facility in this state must be constructed, operated, and 
maintained according to sections 461.16 to 461.26. 
    Subd. 2.  [EXEMPTIONS.] Sections 461.16 to 461.26 do not 
apply to:  
    (a) a person who:  
    (1) uses equipment which emits ultraviolet radiation 
incidental to its normal operation; and 
    (2) does not use the equipment described in clause (1) to 
deliberately expose parts of the living human body to 
ultraviolet radiation for the purpose of tanning or other 
treatment; 
    (b) a physician licensed by the board of medical practice 
who uses, in the practice of medicine, medical diagnostic and 
therapeutic equipment that emits ultraviolet radiation; and 
    (c) an individual who owns tanning equipment exclusively 
for personal, noncommercial use.  
    Sec. 3.  [461.19] [STANDARDS FOR TANNING EQUIPMENT.] 
    Subdivision 1.  [STANDARDS FOR ALL EQUIPMENT.] (a) The 
tanning facility owner or operator must use only tanning 
equipment manufactured according to Code of Federal Regulations, 
title 21, part 1040.20.  The exact nature of compliance must be 
based on the standards in effect at the time of manufacture as 
shown on the device identification label required by Code of 
Federal Regulations, title 21, part 1010.3.  
    (b) Each assembly of tanning equipment must be designated 
for use by only one consumer at a time and must be equipped with 
a timer that complies with Code of Federal Regulations, title 
21, part 1040.20(c)(2).  The maximum timer interval may not 
exceed the manufacturer's maximum recommended exposure time.  No 
timer interval may have an error exceeding plus or minus ten 
percent of the maximum timer interval for the product. 
    (c) Tanning equipment must meet the National Fire 
Protection Association National Electrical Code. 
    (d) Tanning equipment must include physical barriers to 
protect consumers from injury induced by touching or breaking 
the lamps.  
    (e) The tanning facility owner or operator shall replace 
defective or damaged lamps, bulbs, or filters with a type 
intended for use in the affected tanning equipment as specified 
on the product label and having the same spectral distribution.  
    (f) The tanning facility owner or operator shall replace 
ultraviolet lamps and bulbs, which are not otherwise defective 
or damaged, at a frequency or after a duration of use as may be 
recommended by the manufacturer of the lamps and bulbs.  
    (g) The tanning facility owner or operator shall maintain a 
record of when the bulbs or lamps in each tanning booth or bed 
were replaced according to paragraphs (e) and (f). 
    (h) Tanning equipment must have a control that enables the 
user to manually terminate radiation without pulling the 
electrical plug or coming in contact with the ultraviolet lamp. 
    (i) The tanning facility operator shall instruct each user 
on:  (1) the proper position to maintain relative to the tanning 
lamps; (2) the position of the safety railing, where applicable; 
(3) the manual switching device to terminate radiation; and (4) 
maximum time of exposure. 
    (j) The tanning facility operator shall inspect the 
facility to ensure that the floors are dry before each 
individual's use, except that, in an apartment or a condominium, 
the operator may check the facility periodically. 
    (k) The tanning facility operator shall monitor the use of 
the facility to ensure that the interior temperature does not 
exceed 100 degrees Fahrenheit. 
    (l) The tanning facility operator shall comply with 
sanitizing procedures specified by the manufacturer of the 
tanning equipment between users. 
    Subd. 2.  [STANDARDS FOR STAND-UP TANNING BOOTHS.] In 
addition to the requirements in subdivision 1, tanning booths 
designed for stand-up use must comply with the following 
additional requirements:  
    (1) booths must have physical barriers or other means, such 
as handrails or floor markings, to indicate the proper exposure 
distance between ultraviolet lamps and the consumer's skin; 
    (2) booths must be constructed with sufficient strength and 
rigidity to withstand the stress of use and the impact of a 
falling individual; 
    (3) access to booths must be of rigid construction; and 
    (4) booths must be equipped with handrails and nonslip 
floors.  
    Sec. 4.  [461.20] [PROTECTIVE GOGGLES REQUIRED.] 
    (a) The tanning facility owner or operator shall provide 
protective goggles to each consumer for use with the tanning 
equipment.  The protective goggles must meet the requirements of 
Code of Federal Regulations, title 21, part 1040.20(c)(4).  
    (b) Tanning facility owners and operators shall require 
that consumers wear the protective goggles required by this 
section.  The tanning facility owner or operator shall ensure 
that the protective goggles required by this section are 
properly sanitized before each use unless the goggles are owned 
by the consumer, and shall not rely upon exposure to the 
ultraviolet radiation produced by the tanning equipment itself 
to provide the sanitizing.  
    Sec. 5.  [461.21] [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 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."  
    Sec. 6.  [461.22] [NOTICE TO CONSUMER.] 
    The tanning facility owner or operator shall provide each 
consumer under the age of 18, 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
 -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.  
 I have read the above warning and understand what it 
means 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"
    Sec. 7.  [461.23] [RECORDS REQUIRED.] 
    The tanning facility owner or operator shall maintain a 
record of each consumer's total number of tanning visits at the 
facility, and the dates and durations of tanning exposures for a 
period of three years after exposure.  In an apartment or a 
condominium a record of tokens sold is sufficient.  
    Sec. 8.  [461.24] [CONSENT REQUIRED.] 
    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 461.22. 
    Sec. 9.  [461.25] [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 461.16 to 461.24 is guilty of a petty misdemeanor.  
    Sec. 10.  [461.26] [LOCAL ORDINANCE AUTHORIZATION.] 
    Sections 461.16 to 461.25 do not preempt a local ordinance 
which provides for more restrictive regulation of tanning 
facilities than required in sections 461.16 to 461.25. 
    Presented to the governor May 17, 1993 
    Signed by the governor May 20, 1993, 3:55 p.m.