BILL NUMBER: AB 105 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Lieu
JANUARY 3, 2007
An act to amend Sections 22705 and 22706 of the Business and
Professions Code, relating to tanning facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 105, as introduced, 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 to customers and to
post certain warning signs in areas where a tanning device 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. The act 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.
This bill would require that the written warning statement include
specified additional warnings. The bill would require the warning
signs to be posted conspicuously and would require that a warning
sign also be posted in the front or main entrance of the tanning
facility. 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 time. The bill would
prohibit a person less than 16 years of age from using a tanning
device, would require the parent or legal guardian of a person
between 16 and 18 years of age to sign the requisite consent form in
the presence of a facility owner or employee, and would 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
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:
SECTION 1. Section 22705 of the Business and Professions Code is
amended to read:
22705. (a) A tanning facility shall give
each customer 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) Over exposure causes burns.
(3) Repeated exposure may cause premature aging of the skin and
skin cancer.
(4) Abnormal skin sensitivity or burning may be caused by certain:
(A) Foods.
(B) Cosmetics.
(C) Medications, including, but not limited to, the following:
(i) Tranquilizers.
(ii) Diuretics.
(iii) Antibiotics.
(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 a tanning device.
(6) Any person with skin that always burns easily and never tans
should avoid a tanning device.
(7) Any person with a family history or past medical history of
skin cancer should avoid a tanning device.
(b) A tanning facility shall conspicuously post a
warning sign in any area where a tanning device is used , as
well as at the front or main entrance of the tanning facility such
that it is readily visible to persons entering the establishment
. 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 sun lamps will aggravate the
effects of the sun. Therefore, do not sunbathe before or after
exposure to ultraviolet radiation.
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
discolored skin.
IF YOU DO NOT TAN IN THE SUN YOU WILL NOT TAN FROM USE OF THIS
DEVICE.
(d)
(c) A tanning facility shall not claim, or distribute
promotional materials that claim, that using a tanning device is safe
or free from risk or that indoor tanning has any known health
benefits .
(e)
(d) The liability of a tanning facility operator or a
manufacturer of a tanning device is not changed by giving the warning
under this section.
SEC. 2. 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 a 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 a 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 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 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
acknowledgment.
(2) Whenever using a tanning device a person shall use the
protective eyewear that the tanning facility provides.
(3) Before any person between 14 16
and 18 years of age uses a tanning device, he or she shall give the
tanning facility a statement signed by his or her parent or legal
guardian in the presence of the owner or an employee of the
tanning facility stating 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 tanning device, and agrees that the
minor will use the protective eyewear that the tanning facility
provides. 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.
(4) Persons under 14 16 years of age
are prohibited from using a tanning device.
SEC. 3. 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
Constitution.