BILL NUMBER: AB 105 AMENDED
AMENDED IN SENATE AUGUST 28, 2007
AMENDED IN SENATE AUGUST 20, 2007
AMENDED IN ASSEMBLY MAY 24, 2007
AMENDED IN ASSEMBLY APRIL 10, 2007
AMENDED IN ASSEMBLY MARCH 22, 2007
INTRODUCED BY Assembly Member Lieu
(Coauthor: Assembly Member Emmerson)
JANUARY 3, 2007
An act to amend Sections 22702, 22705, and 22706 of the Business
and Professions Code, relating to tanning facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 105, as amended, Lieu. Tanning facilities.
Existing law, the Filante Tanning Facility Act of 1988, the
violation of which is a crime, provides for regulation of tanning
facilities by the Department of Consumer Affairs. The act requires a
tanning facility to provide a written warning statement to customers
and to post certain warning signs in areas where a tanning device, as
defined, is used. The act also prohibits a tanning facility from
claiming or distributing promotional materials that claim that using
a tanning device is safe or free from risk and requires a tanning
facility to, among other things, use a timer, as specified.
This bill would instead apply those provisions to an ultraviolet
tanning device, as specified, and would define the term "ultraviolet
tanning device." The bill would require that the written warning
statement include specified additional warnings and be given to a
customer before the customer uses an ultraviolet tanning device. The
bill would require the warning signs to be posted conspicuously and
in an area where an ultraviolet tanning device is used that is
readily visible to a person using an ultraviolet tanning device. The
bill would also authorize a tanning facility to include in that
warning sign a statement regarding spray on tans and other sunless
tanning products, as specified. The bill would prohibit a tanning
facility from claiming that indoor tanning has any known health
benefits. The bill would require a tanning facility timer to be
remotely located so that customers could not set their own exposure
The Filante Tanning Facility Act of 1988 also prohibits a person
under 14 years of age from using a tanning device and requires a
person between 14 and 18 years of age to provide the tanning facility
with a specified statement signed by his or her parent or legal
guardian before using a tanning device .
This bill would prohibit a person under 14 years of age from using
an ultraviolet tanning device. The bill would also prohibit a
tanning facility from allowing a person between 14 and 18 years of
from using to use an ultraviolet
tanning device unless that person's parent or legal guardian provides
consent by appearing in person, as specified, and signing a
specified form in the presence of the facility owner or employee. The
bill would make that consent valid for 12 months and authorize
both its withdrawal and annual renewal ,
as specified . The bill would also require that proof of
age be provided, as specified.
By expanding the scope of a crime, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22702 of the Business and Professions Code is
amended to read:
22702. As used in this chapter:
(a) "Tanning facility" means any location, place, area, structure,
or business that provides persons access to any tanning device.
(b) "Department" means the Department of Consumer Affairs.
(c) "Phototherapy device" means equipment that emits ultraviolet
radiation used by a health care professional in the treatment of
(d) "Tanning device" means an ultraviolet tanning device and any
accompanying equipment, including, but not limited to, protective
eyewear, timers, and handrails.
(e) "Ultraviolet tanning device" means equipment that emits
electromagnetic radiation with wavelengths in the air between 200 and
400 nanometers used for tanning of the skin, including, but not
limited to, a sunlamp, tanning booth, or tanning bed.
SEC. 2. Section 22705 of the Business and Professions Code is
amended to read:
22705. (a) A tanning facility shall give each customer, prior to
the customer's use of an ultraviolet tanning device, a written
statement warning that:
(1) Not wearing the eye protection provided to the customer by the
tanning center may cause damage to the eyes.
(2) Overexposure causes burns.
(3) Repeated exposure may cause premature aging of the skin and
(4) Abnormal skin sensitivity or burning may be caused by certain:
(C) Medications, including, but not limited to, the following:
(iv) High blood pressure medicines.
(v) Birth control pills.
(5) Any person taking a prescription or over-the-counter drug
should consult a physician before using an ultraviolet tanning
(6) Any person with skin that burns easily should avoid an
ultraviolet tanning device.
(7) Any person with a family history or past medical history of
skin cancer should avoid an ultraviolet tanning device.
(b) A tanning facility shall conspicuously post a warning sign in
any area where an ultraviolet tanning device is used that is readily
visible to a person using an ultraviolet tanning device. The sign
shall read as follows:
DANGER: ULTRAVIOLET RADIATION
1. Follow instructions.
2. Avoid too frequent or too lengthy exposure. As with natural
sunlight, exposure can cause eye and skin injury and allergic
reactions. Repeated exposure may cause chronic sun damage
characterized by wrinkling, dryness, fragility and bruising of the
skin, and skin cancer.
3. Wear protective eyewear.
FAILURE TO USE PROTECTIVE EYEWEAR
MAY RESULT IN SEVERE BURNS OR
LONG-TERM INJURY TO THE EYES.
4. Ultraviolet radiation from sunlamps will aggravate the effects
of the sun. Therefore, do not sunbathe before or after exposure to
5. Medications or cosmetics may increase your sensitivity to
ultraviolet radiation. Consult a physician before using a sunlamp if
you are using medications, have a history of skin problems, or
believe you are especially sensitive to sunlight. Pregnant women or
women on birth control pills who use this product may develop
IF YOU DO NOT TAN IN THE SUN YOU WILL
NOT TAN FROM USE OF THIS DEVICE.
(c) A tanning facility may include in the warning sign described
in subdivision (b) the following statement: "Spray on tans and other
sunless tanning products are not subject to the same effects as
ultraviolet tanning devices."
(d) A tanning facility shall not claim, or distribute promotional
materials that claim, that using an ultraviolet tanning device is
safe or free from risk or that indoor tanning has any known health
(e) The liability of a tanning facility operator or a manufacturer
of an ultraviolet tanning device is not changed by giving the
warning under this section.
SEC. 3. Section 22706 of the Business and Professions Code is
amended to read:
22706. (a) A tanning facility shall:
(1) Have an operator present during operating hours who is
sufficiently knowledgeable in the correct operation of the tanning
devices used at the facility so that he or she is able to inform and
assist each customer in the proper use of the tanning devices.
(2) Before each use of an ultraviolet tanning device, provide each
customer with properly sanitized protective eyewear that protects
the eye from ultraviolet radiation and allows adequate vision to
maintain balance; and not allow a person to use an ultraviolet
tanning device if that person does not use the protective eyewear.
(3) Show each customer how to use suitable physical aids, such as
handrails and markings on the floor, to maintain proper exposure
distance as recommended by the manufacturer.
(4) Use a timer on an ultraviolet tanning device that has an
accuracy of plus or minus 10 percent of any selected timer interval.
The timer shall also be remotely located so that customers cannot set
their own exposure time.
(5) Limit each customer using an ultraviolet tanning device to the
maximum exposure time as recommended by the manufacturer.
(6) Control the interior temperature of a tanning facility so that
it does not exceed 100 degrees Fahrenheit.
(b) (1) Every person who uses a tanning facility shall sign a
written statement acknowledging that he or she has read and
understood the warnings before using the device; and agrees to use
the protective eyewear that the tanning facility provides. The
statement of acknowledgment shall be retained by the tanning facility
until the end of the calendar year at which time each person who is
a current customer of the facility shall be required to renew that
(2) Whenever using a tanning device a person shall use the
protective eyewear that the tanning facility provides.
(3) Persons under 14 years of age are prohibited from using an
ultraviolet tanning device.
(4) A tanning facility shall not allow a person between 14 and 18
years of age to use an ultraviolet tanning device unless that person'
s parent or legal guardian provides consent. For purposes of this
paragraph, "consent" means that the parent or legal guardian appears
in person at the minor's initial use of an ultraviolet tanning device
within a consecutive 12-month period and signs a written consent
form in the presence of the owner or an employee of the facility.
The minor's parent or legal guardian may withdraw this consent
at any time. This Unless so withdrawn,
this consent shall be valid for 12 months from the date the
written consent form is signed and may be renewed annually in
accordance with this paragraph. The written consent form required by
this paragraph shall state both of the following:
(A) The number of times the minor may use an ultraviolet tanning
device at the facility within the next 12 months.
that the parent or legal guardian has read and understood
the warnings given by the tanning facility, consents to the minor's
use of an ultraviolet tanning device, and agrees that the minor will
use the protective eyewear that the tanning facility provides.
(5) Proof of age shall be satisfied with a driver's license or
other government issued identification containing the date of birth
and a photograph of the individual.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California