Amended in Assembly January 4, 2016

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1464

Introduced by Assembly Member Bloom

February 27, 2015

An act to amend Sections 7414.1, 7414.3, 7414.4, 7414.6, 22702, 22704, 22705, 22706, and 22707 of, and to add Sections 22704.5, 22704.7, and 22705.5 to, the Business and Professions Code, and to amend Sections 114985 and 115085 of the Health and Safety Code, relating to tanning.


AB 1464, as amended, Bloom. Tanning.

Existing law, the Filante Tanning Facility Act of 1988, provides for the regulation of tanning facilities by the Department of Consumer Affairs. A violation of the act is a crime. Existing law, the Radiation Control Law, requires the State Department of Public Health to regulate the use and control of radiologic materials. A violation of the Radiation Control Law, or a regulation adopted pursuant to that law, is a crime.

This bill would require the State Department of Public Health to license and regulate the owners of tanning facilities, as specified, and to administer the provisions that regulate tanning facilities. The bill would impose a licensure fee on the owners of tanning facilities, to be deposited into a newly created fund, subject to appropriation. The bill would require tanning device operators to receive training in the operation of tanning equipment, as specified, and would require the State Department of Public Health to adopt regulations to implement those training requirements. The bill would make changes to the Radiation Control Law to impose additional inspection requirements for nonionizing radiation devices, as defined. The bill would make conforming changes to related provisions.

By extending the application of a crime pursuant to the Filante Tanning Facility Act of 1988 and the Radiation Control Law, this 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 reimbursement.

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:

P2    1


This act shall be known, and may be cited, as the
2NonIonizing Radiation Protection Act.


SEC. 2.  

In enacting this act, the Legislature finds and declares
4all of the following:

5(a) In May 2014, the federal Food and Drug Administration
6issued a final order reclassifying sunlamp products and ultraviolet
7(UV) lamps intended for use in sunlamp products from low-risk
8(class I) to moderate-risk (class II) devices, requiring that sunlamp
9products carry a visible black-box warning on the device that
10explicitly states that the sunlamp product should not be used on
11persons under 18 years of age, and requiring that marketing
12materials for sunlamp products and UV lamps include additional
13and specific warning statements and contraindications.

14(b) The public health interest requires that the people of this
15state be protected from excessive and improper exposure to
16nonionizing radiation.

17(c) In order to provide that protection, it is necessary to require
18increased inspections and calibration of tanning devices that are
19located in tanning parlors, fitness facilities, and other settings.

20(d) It is the purpose of this act to establish tanning equipment
21inspection and safety standards and standards of education, training,
22and experience for persons who use nonionizing radiation on
P3    1human beings, and to prescribe means for ensuring that these
2standards are met.


SEC. 3.  

Section 7414.1 of the Business and Professions Code
4 is amended to read:



All records required by law to be kept by tanning
6facilities subject to the Filante Tanning Facility Act of 1988
7(Chapter 23 (commencing with Section 22700) of Division 8),
8including, but not limited to, records relating to written warning
9statements, the sign required to be posted, the qualifications of
10facility operators, statements of acknowledgment, and injury
11reports, shall be open to inspection by the State Department of
12Public Health, or its authorized representatives, during any
13inspection, or during any investigation initiated in response to a
14complaint that the tanning facility has violated any provision of
15the Filante Tanning Facility Act of 1988. A copy of any or all of
16those records shall be provided to the State Department of Public
17Health, or its authorized representatives, immediately upon request.


SEC. 4.  

Section 7414.3 of the Business and Professions Code
19 is amended to read:



(a) Any representative of the State Department of
21Public Health designated by the officer shall have the authority to
22issue a written notice to appear in court pursuant to Chapter 5c
23(commencing with Section 853.5) of Title 3 of Part 2 of the Penal
24Code. Representatives so designated are not peace officers and are
25not entitled to safety member retirement benefits, as a result of
26that designation. Except as otherwise provided, the representative’s
27authority is limited to the issuance of written notices to appear for
28infraction violations of the Filante Tanning Facility Act of 1988
29and only when the violation is committed in the presence of the

31(b) There shall be no civil liability on the part of, and no cause
32of action shall arise against, any representative, acting pursuant to
33subdivision (a) and within the scope of his or her authority, for
34false arrest or false imprisonment arising out of any arrest which
35is lawful or which the representative, at the time of that arrest, had
36reasonable cause to believe was lawful.

37(c) This section shall become effective July 1, 1994.


SEC. 5.  

Section 7414.4 of the Business and Professions Code
39 is amended to read:

P4    1


The State Department of Public Health, and its
2authorized representatives, may disseminate information to tanning
3facilities regarding compliance with the Filante Tanning Facility
4Act of 1988.


SEC. 6.  

Section 7414.6 of the Business and Professions Code
6 is amended to read:



The State Department of Public Health may adopt
8regulations concerning the operation of tanning facilities in licensed


SEC. 7.  

Section 22702 of the Business and Professions Code
11 is amended to read:



As used in this chapter:

13(a) “Tanning facility” means any location, place, area, structure,
14or business that provides persons access to any tanning device.

15(b) “Department” means the State Department of Public Health.

16(c) “Phototherapy device” means equipment that emits
17ultraviolet radiation used by a health care professional in the
18treatment of disease.

19(d) “Tanning device” means an ultraviolet tanning device and
20any accompanying equipment, including, but not limited to,
21protective eyewear, timers, and handrails.

22(e) “Ultraviolet tanning device” means equipment that emits
23electromagnetic radiation with wavelengths in the air between 200
24and 400 nanometers used for tanning of the skin, including, but
25not limited to, a sunlamp, tanning booth, or tanning bed.

26(f) “Tanning device operator” means any person who is
27designated by the owner of a tanning facility to operate, or assist
28and instruct a customer in the operation and use of, the tanning
29facility or tanning equipment. “Tanning device operator” includes,
30but is not limited to, a tanning device operator who conducts one
31or more of the following activities:

32(1) Determines consumer’s skin type.

33(2) Determines the suitability of prospective consumers for
34tanning equipment use.

35(3) Informs the consumer of dangers of ultraviolet radiation
36exposure, including photoallergic reactions and photosensitizing

38(4) Ensures that the consumer reads and properly signs all forms
39as required by this chapter.

40(5) Maintains required consumer exposure records.

P5    1(6) Recognizes and reports consumer injuries or alleged injuries
2to the owner of the tanning facility.

3(7) Determines the consumer’s exposure schedule.

4(8) Sets timers that control the duration of exposure.

5(9) Instructs the consumer in the proper use of protective


SEC. 8.  

Section 22704 of the Business and Professions Code
8 is amended to read:



Any tanning device used by a tanning facility shall
10comply with all applicable state and federal laws and regulations.


SEC. 9.  

Section 22704.5 is added to the Business and
12Professions Code
, to read:



(a) Any person who ownsbegin delete and operatesend delete a tanning
14facility shall be licensed by the department to operate a tanning
15facility. Thebegin delete license shall be renewed annually.end deletebegin insert frequency of the
16license renewal shall be determined by the department by adopting
17regulations.end insert

18(b) The department shall issue a license to own and operate a
19tanning facility to any person who submits an application for a
20license to the department and meets the following requirements:

21(1) Is at least 18 years of age.

22(2) Pays the licensure fee established pursuant to subdivision

24(c) A licensee shall be subject to the imposition of a reasonable
25fee for his or her license or license renewal, which shall not exceed
26begin insert thirty-five dollars ($35) and shall include onlyend insert the reasonable costs
27to the department in implementing this chapter.

28(d) There is hereby established the Tanning Facility Fund, for
29purposes of depositing the moneys collected pursuant to this
30section. The moneys in the fund shall be subject to appropriation
31by the Legislature.

32(e) The department may adopt any regulation as may be
33necessary to effectuate this section.


SEC. 10.  

Section 22704.7 is added to the Business and
35Professions Code
, to read:



(a) On or before January 1, 2017, the department
37shall adopt regulations that establish training requirements for
38tanning devicebegin delete operators.end deletebegin insert operators by contractors approved by
39the department.end insert
At a minimum, the training requirements shall
40include training on the following procedures:

P6    1(1) Procedures for the correct operation of the tanning facility
2and tanning equipment.

3(2) Recognition of injurybegin delete orend deletebegin insert resulting fromend insert overexposure to
4ultraviolet radiation.

5(3) The tanning equipment manufacturer’s procedures for
6operation and maintenance of the tanning equipment.

7(4) The determination of skin type of customers and appropriate
8determination of duration of exposure to tanning equipment.

9(5) Emergency procedures to be followed in case ofbegin delete injury.end delete
10begin insert injury resulting from overexposure to ultraviolet radiation.end insert

11(b) The training requirements established pursuant to this section
12 shall be effective on and after January 1, 2018. A tanning device
13operator who fails to meet these requirements after that date shall
14not operate as a tanning device operator.


SEC. 11.  

Section 22705 of the Business and Professions Code
16 is amended to read:



(a) A tanning facility shall require that each customer
18read a copy of the warning established by this section and sign a
19statement that the information has been read and understood. For
20illiterate or visually impaired persons unable to sign their name,
21the warning statement shall be read by the tanning device operator,
22in the presence of a witness, and the witness and the operator shall
23sign the statement. This warning shall be presented to a customer
24prior to the customer’s use of an ultraviolet tanning device, and
25shall include a written statement warning of all of the following:

26(1) Not wearing the eye protection provided to the customer by
27the tanning center may cause damage to the eyes.

28(2) Overexposure causes burns.

29(3) Repeated exposure may cause premature aging of the skin
30and skin cancer.

31(4) Abnormal skin sensitivity or burning may be caused by

33(A) Foods.

34(B) Cosmetics.

35(C) Medications, including, but not limited to, the following:

36(i) Tranquilizers.

37(ii) Diuretics.

38(iii) Antibiotics.

39(iv) High blood pressure medicines.

40(v) Birth control pills.

P7    1(5) Any person taking a prescription or over-the-counter drug
2should consult a physician before using an ultraviolet tanning

4(6) Any person with skin that burns easily should avoid an
5ultraviolet tanning device.

6(7) Any person with a family history or past medical history of
7skin cancer should avoid an ultraviolet tanning device.

8(8) The federal Food and Drug Administration classifies tanning
9devices, such as those used in this facility, as begin delete Classend delete begin insert classend insert II devices
10that may contribute to skin cancer linked to radiation-emitting

12(b) A tanning facility shall conspicuously post a warning sign
13in any area where an ultraviolet tanning device is used that is
14readily visible to a person using an ultraviolet tanning device. The
15sign shall read as follows:


191. The federal Food and Drug Administration states that people
20repeatedly exposed to UV radiation should be regularly evaluated
21for skin cancer and that the use of indoor tanning devices does all
22of the following:

23(a) Is contraindicated for use on persons under 18 years of age.

24(b) Must not be used if skin lesions or open wounds are present.

25(c) Should not be used on people who have had skin cancer or
26a family history of skin cancer.

272. Avoid too frequent or too lengthy exposure. As with natural
28sunlight, exposure can cause eye and skin injury and allergic
29reactions. Repeated exposure may cause chronic sun damage
30characterized by wrinkling, dryness, fragility and bruising of the
31skin, and skin cancer.

323. Wear protective eyewear.




364. Ultraviolet radiation from sunlamps will aggravate the effects
37of the sun. Therefore, do not sunbathe before or after exposure to
38 ultraviolet radiation.

395. Medications or cosmetics may increase your sensitivity to
40ultraviolet radiation. Consult a physician before using a sunlamp
P8    1if you are using medications, have a history of skin problems, or
2believe you are especially sensitive to sunlight. Pregnant women
3or women on birth control pills who use this product may develop
4discolored skin.



7(d) A tanning facility may include in the warning sign described
8in subdivision (b) the following statement: “Spray on tans and
9 other sunless tanning products are not subject to the same effects
10as ultraviolet tanning devices.”

11(e) A tanning facility shall not claim, or distribute promotional
12materials that claim, that using an ultraviolet tanning device is safe
13or free from risk or that indoor tanning has any known health

15(f) The liability of a tanning facility operator or a manufacturer
16of an ultraviolet tanning device is not changed by giving the
17warning under this section.


SEC. 12.  

Section 22705.5 is added to the Business and
19Professions Code
, to read:



The owner of a tanning facility shall do all of the

22(a) Maintain a record of each customer’s total number of tanning
23visits, including dates and durations of tanning exposures.

24(b) In addition to the requirements set forth in Section 22707,
25submit to the department a written report of injurybegin insert resulting from
26overexposure to ultraviolet radiationend insert
for which medical attention
27was sought or obtained from the use of tanning equipment within
28five working days after occurrence. The report shall include all of
29the following:

30(1) The name of the affected individual.

31(2) The name and location of the tanning facility involved.

32(3) The nature of the actual or alleged injury.

33(4) The date and duration of exposure.

34(5) Any documentation of medical attention sought or obtained
35by the customer.

36(6) Any other information that is relevant to the actual or alleged

38(c) Not allow individuals under 18 years of age to use or operate
39tanning equipment.

P9    1(d) Replace defective or burned out lamps, bulbs, or filters with
2a type intended for use in the affected tanning equipment, as
3specified by the manufacturer’s product label, such as a certified
4equivalent lamp having the same spectral distribution.

5(e) Replace ultraviolet lamps and bulbs, which are not otherwise
6defective or damaged, at any frequency or after a certain duration
7of use as may be recommended by the manufacturer of the lamps
8or bulbs.

9(f) On and after January 1, 2018, certify to the department that
10any tanning device operator in his or her employment has
11completed the training requirements established pursuant to Section

13(g) On and after January 1, 2018, allow operation of tanning
14equipment only by, and in the physical presencebegin delete, ofend deletebegin insert of,end insert a tanning
15device operator who has successfully met the training requirements
16established pursuant to Section 22704.7.

17(h) On and after January 1, 2018, maintain a record of the
18training completed by tanning device operators in his or her
19employment pursuant to Section 22704.7 for inspection by
20authorized representatives of the department.

21(i) Make available to all employees current copies of the
22following documents:

23(1) The owner’s license and business license.

24(2) Conditions or documents incorporated into the license and
25amendments thereto, if any.

26(3) Proof that all tanning device operators are 18 years of age
27or older.

28(4) Self-certification and knowledge of, and commitment to
29meet, any state law or relevant local regulation pertaining to the
30operation of tanning devices.

31(5) His or her business address and the address at which he or
32she will perform any activity regulated by this chapter.

33(j) Display, in a place readily visible to the public at the tanning
34facility, his or her license issued by the department.


SEC. 13.  

Section 22706 of the Business and Professions Code
36 is amended to read:



(a) A tanning facility shall:

38(1) Have an operator present during operating hours who is
39sufficiently knowledgeable in the correct operation of the tanning
40devices used at the facility so that he or she is able to inform and
P10   1assist each customer in the proper use of the tanning devices,
2subject to the training requirements set forth in Section 22704.7.

3(2) Before each use of an ultraviolet tanning device, provide
4each customer with properly sanitized protective eyewear that
5protects the eye from ultraviolet radiation and allows adequate
6vision to maintain balance; and not allow a person to use an
7ultraviolet tanning device if that person does not use the protective

9(3) Show each customer how to use suitable physical aids, such
10as handrails and markings on the floor, to maintain proper exposure
11distance as recommended by the manufacturer.

12(4) Use a timer on an ultraviolet tanning device that has an
13accuracy of plus or minus 10 percent of any selected timer interval.
14The timer shall also be remotely located so that customers cannot
15set their own exposure time.

16(5) Limit each customer using an ultraviolet tanning device to
17the maximum exposure time as recommended by the manufacturer.

18(6) Control the interior temperature of a tanning facility so that
19it does not exceed 100 degrees Fahrenheit.

20(b) (1) Every person who uses a tanning facility shall sign a
21written statement acknowledging that he or she has read and
22understood the warnings before using the device; and agrees to
23use the protective eyewear that the tanning facility provides. The
24statement of acknowledgment shall be retained by the tanning
25facility until the end of the calendar year at which time each person
26who is a current customer of the facility shall be required to renew
27that acknowledgment.

28(2) Whenever using a tanning device a person shall use the
29protective eyewear that the tanning facility provides.

30(3) Persons under 18 years of age are prohibited from using an
31ultraviolet tanning device.

32(4) Proof of age shall be satisfied with a driver’s license or other
33government issued identification containing the date of birth and
34a photograph of the individual.


SEC. 14.  

Section 22707 of the Business and Professions Code
36 is amended to read:



If a patron is injured whereupon he or she must seek
38medical attention, a tanning facility shall do the following:

39(a) Report any injury to the department, as required pursuant to
40Section 22705.5.

P11   1(b) Send a copy of the injury report to the person who is injured.

2(c) Send a copy of the injury report to the federal Food and Drug


SEC. 15.  

Section 114985 of the Health and Safety Code is
5amended to read:



As used in this chapter:

7(a)  “Secretary” means the Secretary of the Resources Agency.

8(b)  “Ionizing radiation” means gamma rays and X-rays; alpha
9and beta particles, high-speed electrons, neutrons, protons, and
10other nuclear particles; but not sound or radio waves, or visible,
11infrared, or ultraviolet light.

12(c)  “Person” means any individual, corporation, partnership,
13limited liability company, firm, association, trust, estate, public or
14private institution, group, agency, political subdivision of this state,
15any other state or political subdivision or agency thereof, and any
16legal successor, representative, agent, or agency of the foregoing,
17other than the United States Nuclear Regulatory Commission, the
18United States Department of Energy, or any successor thereto, and
19other than federal government agencies licensed by the United
20States Nuclear Regulatory Commission, under prime contract to
21the United States Department of Energy, or any successor thereto.

22(d)  “Byproduct material” means any radioactive material, except
23special nuclear material, yielded in, or made radioactive by
24exposure to the radiation incident to, the process of producing or
25utilizing special nuclear material.

26(e)  “Source material” means (1) uranium, thorium, or any other
27material which the department declares by rule to be source
28material after the United States Nuclear Regulatory Commission,
29or any successor thereto, has determined the material to be such;
30or (2) ores containing one or more of the foregoing materials, in
31such concentration as the department declares by rule to be source
32material after the United States Nuclear Regulatory Commission,
33or any successor thereto, has determined the material in such
34concentration to be source material.

35(f)  “Special nuclear material” means (1) plutonium, uranium
36233, uranium enriched in the isotope 233 or in the isotope 235,
37and any other material which the department declares by rule to
38be special nuclear material after the United States Nuclear
39Regulatory Commission, or any successor thereto, has determined
40the material to be such, but does not include source material; or
P12   1(2) any material artificially enriched by any of the foregoing, but
2does not include source material.

3(g) “General license” means a license, pursuant to regulations
4promulgated by the department, effective without the filing of an
5application, to transfer, acquire, own,begin delete possessend deletebegin insert possess,end insert or use
6quantities of, or devices or equipment utilizing, byproduct, source,
7or special nuclear materials or other radioactive material occurring
8naturally or produced artificially.

9(h) “Specific license” means a license, issued after application,
10to use, manufacture, produce, transfer, receive, acquire, own, or
11possess quantities of, or devices or equipment utilizing, byproduct,
12source, or special nuclear materials or other radioactive material
13occurring naturally or produced artificially.

14(i) “Registration” means the reporting of possession of a source
15of radiation and the furnishing of information with respect thereto,
16in accordance with subdivision (b) of Section 115060.

17(j) “Department” means the State Department of Public Health.

18(k) “Director” means the State Public Health Officer.

19(l) “Federal research and development activity” means any
20activity of the Secretary of Energy conducted at any research
21facility owned or operated by the United States Department of

23(m) “Low-level waste” means radioactive waste not classified
24as high-level radioactive waste, transuranic waste, spent nuclear
25fuel, or the byproduct material defined in Section 11(e)(2) of the
26Atomic Energy Act of 1954 (42 U.S.C. Sec. 2014 (e)(2)). For
27purposes of this subdivision, the following definitions shall apply:

28(1) “High-level radioactive waste” means either of the following:

29(A) The highly radioactive material resulting from the
30reprocessing of spent nuclear fuel, including liquid waste produced
31directly in reprocessing and any solid material derived from this
32liquid waste that contains fission products in sufficient

34(B) Other highly radioactive material that the Nuclear
35Regulatory Commission, consistent with existing law, determines
36by rule requires permanent isolation.

37(2) “Spent nuclear fuel” means fuel that has been withdrawn
38from a nuclear reactor following irradiation, the constituent
39elements of which have not been separated by reprocessing.

P13   1(3) “Transuranic waste” means any waste containing more than
2100 nanocuries of alpha emitting transuranic nuclides with half-life
3greater than five years per gram of waste material.

4(n) “Mammogram” means an X-ray image of the human breast.

5(o) “Mammography” means the procedure for creating a

7(p) “Mammography quality assurance” means the detection of
8a change in X-ray and ancillary equipment that adversely affects
9the quality of films and the glandular radiation dose, and the
10correction of this change.

11(q) “Mammogram certification” means a certification, issued
12by the department after registration, that the equipment dedicated
13to or used for mammography meets the standards prescribed
14pursuant to this chapter.

15(r) “Nonionizing radiation” means sound or radio waves, or
16visible, infrared, or ultraviolet light, as described in subdivision
17(e) of Section 22702 of the Business and Professions Code.


SEC. 16.  

Section 115085 of the Health and Safety Code is
19amended to read:



The average inspection frequency for ionizing radiation
21machines shall be once each year for mammography X-ray units
22and nonionizing radiation devices, once every three years for
23high-priority sources of ionizing radiation, and once every four
24and one-quarter years for medium-priority sources. Sources of
25ionizing radiation used in dentistry shall be screened for defects
26by mail or other offsite methodology not less frequently than once
27every five years, with physical inspection of the 50 percent,
28determined by the department to be most in need of inspection, to
29average at least once every six years.


SEC. 17.  

No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California