BILL ANALYSIS Ó
SB 746
Page 1
Date of Hearing: July 5, 2011
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
SB 746 (Lieu) - As Amended: March 22, 2011
SENATE VOTE : 25-9
SUBJECT : Tanning facilities.
SUMMARY : Prohibits persons under 18 years of age from using an
ultraviolet (UV) tanning device and deletes the current
exemption for persons between 14 and 18 years of age using UV
tanning devices with the written consent of a parent or legal
guardian, as specified.
EXISTING LAW :
1)Provides for the regulation of tanning facilities by the
Department of Consumer Affairs.
2)Prohibits persons under 14 years of age from using a UV
tanning device.
3)Prohibits a tanning facility from allowing a person between 14
and 18 years of age from using a UV tanning device unless that
person's parent or legal guardian provides consent, as
defined..
4)Defines "consent" to mean that the parent or legal guardian
appears in person at the minor's initial use of a UV 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. Provides that consent may be
withdrawn at any time.
5)Provides that the consent is valid for 12 months from the date
the written consent form is signed and may be renewed
annually.
6)Provides that the written consent form states 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 UV
tanning device, and agrees that the minor will use protective
SB 746
Page 2
eyewear provided by the tanning facility.
FISCAL EFFECT : Unknown
COMMENTS : According to the author's office, "The connection
between skin cancer and UV tanning is no longer anecdotal.
Children who use indoor tanning methods can be exposed up to 12
times the normal amount of UV radiation per year, which makes
them 74% more likely to be a victim of melanoma. Melanoma is
the most deadly type of skin cancer and is one of the most
common cancers diagnosed among young adults. It is the leading
cause of cancer death in women ages 25 - 30 and is second only
to breast cancer in women ages 30 -34.
"As a result, the World Health Organization (WHO) elevated
tanning beds to a level 1 carcinogen in 2009, alongside
plutonium, mustard gas, and cigarettes. The United States
(U.S.) Department of Health and Human Services and the United
States Food and Drug Administration have also added these UV
emitting tanning beds to the their list of most dangerous forms
of cancer-causing substances in humans.
"And in February, the American Academy of Pediatrics joined the
world-wide chorus that governments need to ban minors' access to
UV tanning beds.
"As of today, several countries have banned tanning for minors,
including sun-rich Brazil, where they have passed a complete ban
on tanning, regardless of age. Several states and local
governments have tougher bans than California. Surprisingly,
Texas has the most stringent.
"SB 746 is a simple solution to a dangerous problem - it will
prevent minors from accessing dangerous UV tanning devices. The
health risk is just too great for children."
Background . Existing law requires a parent or legal guardian to
sign consent forms, in person, once per year to enable their
teenage children to use tanning facilities. After the initial
consent, the parent is not required to supervise or accompany
their child to tanning facilities so long as the consent form
remains valid. Under this bill, the use of tanning beds by
minors would be prohibited regardless of parental consent.
Skin cancer is the most common form of cancer in the U.S., and
SB 746
Page 3
one in five Americans will develop skin cancer in the course of
a lifetime. In 2011, the American Academy of Pediatrics noted
that there has been a rapid increase in the rate of melanoma
occurrences, the most serious type of skin cancer, in the U.S.
over the past 30 years. Melanoma represents less than 5% of all
skin cancers, but causes the most skin cancer deaths. Melanoma
rates are growing fastest, 3% per year, in young women ages 15
to 39.
UV radiation is naturally emitted from the sun and typically
reaches the earth's surface in two forms: UVA radiation and UVB
radiation. UVA radiation reaches the earth in fairly weak but
long wave lengths and its rays can penetrate deep into human
skin upon contact. UVA rays lead to natural skin aging, with
moderate exposure over a long period of time. UVB rays reach
earth as a shorter, but far more intense wave. Even short term
exposure to UVB rays can lead to skin reddening, more commonly
known as sunburn. Exposure to both UVA and UVB rays can lead to
the development of skin cancer.
Potential cancer risk from UV tanning devices . According to the
American Academy of Dermatology (Academy), UV radiation from the
sun and artificial sources, such as tanning beds and sun lamps,
are a known carcinogen. Indoor tanning equipment, which
includes all artificial light sources, including beds, lamps,
bulbs, booths, etc., emits UVA and UVB radiation. The amount of
the radiation produced during indoor tanning is similar to the
sun, and in some cases might be stronger. The Academy further
asserts a 75 percent increase in the risk of melanoma in those
who have been exposed to UV radiation from indoor tanning. The
Academy further asserts that indoor tanning beds/lamps should be
avoided and should not be used to obtain vitamin D because UV
radiation from indoor tanning is a risk factor for skin cancer.
Indoor tanning health benefit claims . Proponents of indoor
tanning have claimed that maximizing vitamin D levels through
intentional UV exposure to the sun or indoor tanning beds helps
prevent internal cancers, hypertension, multiple sclerosis, and
other disorders. Vitamin D is naturally absorbed by the body
through exposure to moderate amounts of sunlight. Vitamin D has
been shown to help prevent several forms of cancer including
prostate and gastrointestinal cancer.
Although sunless tanning does provide a person with vitamin D,
the Academy does not recommend getting vitamin D from sun
SB 746
Page 4
exposure or indoor tanning because UV radiation from the sun and
tanning beds can lead to the development of skin cancer.
Instead, the Academy claims that vitamin D from food and dietary
supplements offers the same benefits - without the danger of
skin cancer - as vitamin D obtained from UV light.
In 2010, the Federal Trade Commission (FTC) charged the Indoor
Tanning Association (ITA) for making false health and safety
claims about the benefits of indoor tanning. In response to the
false advertisements, the FTC required the ITA to disclose the
risks of developing skin cancer related to the use of UV tanning
devices and banned the tanning industry from making the
following claims in their advertisements:
1)"Tanning, including indoor tanning, does not increase the risk
of skin cancer;"
2)"Tanning, including indoor tanning, is safe or poses no
danger;"
3)"Indoor tanning is approved by the government;"
4)"Indoor tanning is safer than tanning outdoors because in
indoor tanning facilities, the amount of ultraviolet light is
monitored and controlled;"
5)"Research shows that vitamin D supplements may harm the body's
ability to fight disease;" and
6)"A study in the Proceedings of the National Academy of
Sciences determined: (a) that sun exposure does not cause skin
cancer or melanoma, or that the risk of such cancer is only
hypothetical; (b) that getting a tan is health; (c) that the
risks of not getting enough ultraviolet light far outweigh the
risk of skin cancer; or (d) that vitamin D has been linked to
significantly decreasing the risk of contracting lung, kidney,
or liver cancer."
In filing their opposition to this bill, ITA maintained UV light
provides overall health and disease prevention through the
creation of Vitamin D in the skin. ITA also asserts that
prohibiting teens from using commercial tanning facilities would
compel those teens to spend more hours in the sun, putting them
at a higher risk of developing melanoma.
Support . The American Cancer Society writes in support, "Skin
cancer is the most common type of cancer in the U.S., with
melanoma being one of the most common cancers diagnosed among
young adults. The science documenting the elevated risk of skin
cancer from the use of indoor tanning devices is well
SB 746
Page 5
established, as is the elevated risk of skin cancer due to
exposure at an early age. A compilation of studies published in
the International Journal of Cancer found an increase risk for
melanoma in people who first used suntanning facilities in their
teen years and early twenties. Largely based on those findings,
the International Agency for Research on Cancer in 2009 raised
the classification of UV emitting indoor tanning devices to the
highest level of cancer risk - Group 1 - "carcinogenic to
humans."
"Since that time, the WHO, the International Commission of
Non-ionizing Radiation Protection, the National Toxicology
Program (U.S.), the National Radiological Protection Board
(United Kingdom), the National Health and Medical Research
Council (Australia) and EUROSKIN have all issued reports on the
adverse health effects of use of suntanning facilities and have
recommended that minors under the age of 18 not use them.
"Given the growing interest in tanning facilities among youth
and the well documented evidence that such activity places youth
at an elevated risk of skin cancer, the American Cancer Society
believes it is appropriate to prohibit minors' use of tanning
facilities and urges you to support SB
746."
Opposition . The National Federation of Independent Business
writes in opposition, "At a time that California is suffering
the worst recession in decades, small businesses struggling to
stay open and unemployment one of the highest in all of the
U.S., it is unconceivable that legislation of this nature would
even be considered that further harms small business. In the
past three years alone, approximately 20% of the indoor tanning
businesses have closed statewide costing many jobs, mostly young
wage earners. If SB 746 were to pass, it is a fair assumption
that many more businesses and the accompanying jobs will be
lost.
"The indoor tanning business has already taken a significant
loss because of government actions. As part of federal health
care reform, in July 2010, a 10% excise tax on indoor tanning
services went into effect. This tax is paid by the customer and
collected and remitted to the Internal Revenue Service
quarterly, taking many thousands of dollars out of local
economies. And by raising the costs of using tanning salons,
the tax has contributed to business decline.
SB 746
Page 6
"SB 746 would ban anyone under 18 from using a UV tanning
device-though not from tanning under the sun. Teens under the
age of 18 make up 5 to 10% of a tanning business's customer
base, depending on location and business model. Losing these
customers would affect employment and the bottom line of indoor
tanning businesses more directly than it would other small
businesses. California already has the most stringent
restrictions on indoor tanning for those less than 18 years of
age.
"Indoor tanning businesses' fixed costs such as payroll,
business loans, rent, insurance, utilities and equipment leases
do not decrease as customers decline. In practical terms, for
indoor tanning businesses, decreased sales means employee
lay-offs and reduced profit, which can result in closure."
Previous legislation . AB 105 (Lieu), Chapter 590, Statutes of
2007, prohibits persons less than 14 years of age from using UV
tanning devices and prohibits a person between the ages of 14
and 18 from using a UV tanning device unless that person's
parent or legal guardian provides consent.
AB 2193 (Nation), Chapter 758, Statutes of 2004, prohibits
persons under 14 years of age from using tanning devices and
provides for specific civil penalties to enhance enforcement.
REGISTERED SUPPORT / OPPOSITION :
Support
AIM at Melanoma Foundation
American Academy of Pediatrics
American Cancer Society
American Society for Dermatologic Surgery Association
Anthem Blue Cross
Association of Northern California Oncologists
Blue Shield of California
California Association of Health Plans
California Medical Association
California Nurses Association
California Society of Dermatology and Dermatologic Surgery
County of Los Angeles Board of Supervisors
Kaiser Permanente
SB 746
Page 7
Opposition
Club Tan, LLC
Heartland Tan
Hollywood Tans Group, LLC
Indoor Tanning Association
Island Tan Tanning
National Federation of Business
Palm Beach Tan
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301