BILL ANALYSIS Ó
SB 746
Page 1
SENATE THIRD READING
SB 746 (Lieu)
As Amended August 30, 2011
Majority vote
SENATE VOTE :25-9
JUDICIARY 6-2 Business & ProFESSIONS
6-1
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|Ayes:|Feuer, Atkins, Dickinson, |Ayes:|Hayashi, Allen, Butler, |
| |Huber, Monning, | |Eng, Hill, Ma |
| |Wieckowski | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Beth Gaines, Jones |Nays:|Smyth |
| | | | |
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APPROPRIATIONS 11-5
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|Ayes:|Fuentes, Blumenfield, | | |
| |Bradford, Charles | | |
| |Calderon, Campos, Davis, | | |
| |Hall, Hill, Lara, | | |
| |Mitchell, Solorio | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Donnelly, Gatto, Nielsen, | | |
| |Norby, Wagner | | |
| | | | |
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SUMMARY : Prohibits minors from using ultraviolet tanning
devices.
EXISTING LAW requires customers between the ages of 14 and 18 to
give the tanning facility a written consent from their parent or
legal guardian stating that the parent or guardian had read and
understands the warnings and consents to the minor's use of the
tanning facility.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, potential minor costs to local enforcement agencies,
offset to some extent by penalty revenues. (A first violation
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of the Act constitutes an infraction, and subsequent violations
are misdemeanors. Violations are also subject to civil
penalties of $2,500 per day.)
COMMENTS : This bill seeks to prevent persons under the age of
18 from being exposed to potentially dangerous ultraviolet (UV)
radiation by tanning in UV tanning devices. The author states
in support:
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 ultraviolet 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
elevated tanning beds to a level 1 carcinogen in 2009,
alongside plutonium, mustard gas, and cigarettes. The
United States 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 ultraviolet tanning devices. The
health risk is just too great for children.
According to the American Academy of Dermatology prolonged,
unprotected exposure to ultraviolet radiation can be as
carcinogenic as cigarette smoke. In 2011, the American Academy
of Pediatrics noted that there has been a rapid increase in the
rate of skin cancer occurrences in the United States over the
past 30 years. Skin cancer rates are growing fastest, 3% per
year, in young women ages 15 to 39 (the group most likely to
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tan). Alarmingly, skin cancer has overtaken all other forms of
cancer to become the most common cancer in the United States
with one in four Americans expected to suffer from some form of
skin cancer in their lifetime. The California Nurses
Association notes that "Melanoma is the leading cause of cancer
death in women ages 25-30 and is second only to breast cancer
women aged 30-34."
In response to increased exposure to UV radiation, the skin will
tan in order to protect itself. Cosmetically, tanning has
become extremely popular with many teenagers and young adults to
the point that many are seeking artificial sources of UV
radiation to increase their tans. Nearly one-quarter of all
"tanners" are between the ages of 13 and 19, and studies suggest
35% of teenage girls tan regularly. Important in considering
this legislation, overall 70% of those who tan regularly
reportedly are females ages 16 to 29.
An American Academy of Pediatrics survey of 62 randomly chosen
tanning facilities found that UV tanning devices were actually
exposing customers to extremely high levels of UVA radiation 10
to 15 times greater than that emitted by the midday sun. This
increased exposure to radiation has been shown to dramatically
increase the cancer rate of frequent tanners. The American
Academy of Dermatology notes that a person that frequently tans
before the age of 35 (defined as tanning more than 50 hours or
100 sessions per year) has a 70% greater chance of developing
skin cancer than somebody who never tans. Indeed, the increased
risk of UV tanning devices has led the World Health Organization
(WHO) to deem tanning devices a carcinogenic.
Many states, including California, currently regulate aspects of
the indoor tanning industry. However a recent study showed that
only one of 32 randomly selected tanning facilities was fully
compliant will all Food and Drug Administration (FDA) and state
regulations. The same study identified an average of seven
infractions per facility. The FDA study noted that 95% of
tanners did not comply with FDA exposure guidelines, with some
tanners exposing themselves to three times the level of UV
radiation recommended by the FDA. Furthermore, the American
Academy of Dermatology cites a study determining that many
tanning facility staff members were unequipped to properly
inform customers of the risks of tanning, and that many staffers
failed to properly supervise patrons.
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Given the reported lack of compliance with federal and state
guidelines evident in some if not many indoor tanning
facilities, parents who provide their teenage tanner with
consent may not realize the full extent of the risk for skin
damage facing their children. (And of course there is no way of
knowing how many children's "parental consent" forms have been
forged.) Existing California 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. If the tanning facility is failing
to properly warn or supervise tanners, teenagers may overuse the
facility and increase the harm to their skin from overexposure
to UV radiation. Current analyses of the issue appear to make
clear a parental consent approach to this health and safety
issue is problematic, invites potential abuse by teenage
children, and is extremely difficult if not impossible for
tanning agencies to effectively oversee.
Proponents of indoor tanning have claimed that artificial
tanning devices can help individuals suffering from a Vitamin D
deficiency.
In 2010, the Federal Trade Commission (FTC) went so far as to
criticize and issue a citation against 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. Despite the FTC's warnings, the author notes that the
tanning industry continues to make these claims in public.
The ITA strongly opposes the bill claiming, among other things,
that the bill is based on distorted scientific claims:
Proponents have failed to consider the many studies
demonstrating the benefits of ultraviolet light on
overall health and disease prevention through the
creation of Vitamin D in the skin. Most teens do not
get enough vitamin D from their diets, and vitamin D
has been shown to protect against breast and other
cancers, lymphoma, cardiovascular disease, multiple
sclerosis, osteoporosis and other chronic conditions.
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Furthermore, the ITA argues that, "Teenagers interviewed
regarding this and similar legislation in other states have
flatly stated that they will just go out in the sun. That will
mean more sunburns, which truly do create more melanoma risk."
Additionally, the industry argues that prohibiting minors will
have a negative economic impact. Lewis Shender, the President &
CEO of Hollywood Tans, states that banning minors from UV
tanning devices would eliminate 5-10% of the consumer base for
sunless tanning facilities. Finally, opponents argue that this
bill denies parents the right to make decisions for their
children.
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334
FN: 0002322