REFERENCE TITLE: indoor tanning; minors; restricted use

 

 

 

State of Arizona

House of Representatives

Fifty-first Legislature

First Regular Session

2013

 

 

HB 2402

 

Introduced by

Representative Carter

 

 

AN ACT

 

amending title 36, chapter 6, Arizona Revised Statutes, by adding article 15; relating to indoor tanning.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 36, chapter 6, Arizona Revised Statutes, is amended by adding article 15, to read:

ARTICLE 15.  INDOOR TANNING

START_STATUTE36‑799.  Definitions

In this article, unless the context otherwise requires:

1.   "Tanning device" means any equipment that emits radiation used for tanning of the skin, including a sunlamp, tanning booth or tanning bed that emits ultraviolet radiation and any accompanying equipment, including protective eyewear, timers and handrails.  Tanning device does not include:

(a)  A phototherapy device under the direct or indirect supervision of a physician who is trained in the use of phototherapy devices.

(b)  A device used for personal use in a private residence.

(c)  A device intended for purposes other than irradiation of human skin.

2.  "Tanning facility" means any place where a tanning device is used.

3.  "Ultraviolet radiation" means electromagnetic radiation with wavelengths between two hundred and four hundred nanometers. END_STATUTE

START_STATUTE36‑799.01.  Use of tanning facilities; restricted use for minors; signage

A.  A person who visits a tanning facility shall present photo identification issued by the United States government or a state or tribal government to prove that the person is at least eighteen years of age.

B.   An operator or employee of a tanning facility shall not allow a person who is under eighteen years of age to use a tanning device.

C.  A tanning facility shall post in a conspicuous place a sign stating that it is unlawful for a tanning facility operator or employee to allow a person who is under eighteen years of age to use any tanning device. END_STATUTE

START_STATUTE36‑799.02.  Record keeping

A tanning facility shall maintain a record of each customer using a tanning device at least until the second anniversary of the date of the customer's last use of a tanning device.  The record shall include:

1.  The name and age of the customer.

2.  The date and time of the customer's use of the tanning device.

3.  The length of time the customer used the tanning device.

4.  If known, any injury or illness that results from the customer's use of the device. END_STATUTE

START_STATUTE36‑799.03.  Advertising and promotional materials

A tanning facility may only advertise or distribute promotional materials that state that a tanning device is solely for cosmetic use.  A tanning facility shall not advertise or distribute promotional materials that claim that using a tanning device is safe or free from risk or that the use of a tanning device will result in medical or health benefits. END_STATUTE