§4 - C.26:2D-89
§5 - Note
An Act prohibiting the use of indoor tanning beds by minors and amending P.L.2006, c.48 and P.L.1989, c.234 1and supplementing chapter 2D of Title 26 of the Revised Statutes1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2006, c.48 (C.26:2D-82.1) is amended to read as follows:
1. a. A tanning facility operator shall not permit a person who is under 2[14] 172 years of age to use a tanning facility 1[or a person under 18 years of age to use a tanning bed in a tanning facility] 2, except as provided in paragraph (1) of subsection b. of this section2 .1
b. 1(1)1 A tanning facility operator shall [not] permit a person who is at least 14 2[but less than 18]2 years of age to use spray tanning in a tanning facility [without] 1[with the written authorization of the person's parent or legal guardian indicating that [such] the parent or guardian [has read and understood the safety standards and warnings required pursuant to section 3 of P.L.1989, c.234 (C.26:2D-83)] consents to the use of spray tanning on the person]1.
1(2) A tanning facility operator shall not permit a person who is under 2[16] 172 years of age to use a tanning bed. A tanning facility operator shall permit a person who is at least 2[16 but less than 18] 172 years of age to use a tanning bed, provided that the person’s parent or guardian is present at the tanning facility for the initial consultation 2[, purchases all tanning bed sessions or a package of sessions, as applicable, and provides photo identification to demonstrate proof of identity to the tanning facility operator. A tanning facility operator shall prohibit a person who is at least 16 but less than 18 years of age from using a tanning bed on consecutive days, and shall monitor the frequency of the person’s tanning bed use by recording all appointments, including equipment used and length of tanning time, in the person’s client file. The tanning facility operator shall retain a copy of the photo identification of the person’s parent or guardian presented to the tanning facility operator pursuant to this paragraph in the person’s client file for three years]2 .1
1(3)1 An emancipated minor shall be exempt from the 1[authorization requirement] provisions1 of this subsection upon legal proof documenting said emancipation.
c. 1[The Commissioner of Health and Senior Services shall establish by regulation:
(1) the contents required in the authorization form;
(2) the method for maintaining a record of the forms; and
(3) the frequency with which the forms shall be authorized or reauthorized.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill).1
d. The penalties for violating the provisions of this section shall be as provided in section 7 of P.L.1989, c.234 (C.26:2D-87).
(cf: P.L.2006, c.48, s.1)
2. Section 3 of P.L.1989, c.234 (C.26:2D-83) is amended to read as follows:
3. The Commissioner of Health and Senior Services, in consultation with the Commissioner of Environmental Protection, shall, by regulation, establish minimum safety standards for tanning facilities. The standards shall include, but not be limited to:
a. Establishment of a maximum safe time of exposure to radiation and a maximum safe temperature at which tanning devices may be operated;
b. A requirement that a patron at a tanning facility wear protective eye glasses when using tanning equipment and that a patron be supervised as to the length of time the patron uses tanning equipment at the facility;
c. A requirement that the facility operator post easily legible, permanent warning signs near the tanning equipment which state: "DANGER-ULTRAVIOLET RADIATION FOLLOW ALL INSTRUCTIONS";
d. A requirement that the facility have protective shielding for tanning equipment in the facility; and
e. A requirement that the facility operator post a sign in conspicuous view at or near the reception area which states: “PERSONS UNDER AGE 14 SHALL NOT BE PERMITTED TO USE 2SPRAY TANNING IN2 THIS TANNING FACILITY. 1[PERSONS UNDER AGE 18 SHALL NOT BE PERMITTED TO USE A TANNING BED IN THIS FACILITY.]1 PERSONS 2[BETWEEN 1[14] 161 AND 18] WHO ARE AT LEAST 172 YEARS OF AGE SHALL 1[NOT]1 BE PERMITTED TO USE 1[SPRAY] A1 TANNING 1BED1 IN THIS [TANNING] FACILITY 1[WITHOUT WRITTEN AUTHORIZATION OF] PROVIDED THAT1 A PARENT OR LEGAL GUARDIAN 1IS PRESENT FOR THE INITIAL CONSULTATION 2[, PURCHASES THE TANNING BED SESSION OR PACKAGE OF SESSIONS, AND PROVIDES PHOTO IDENTIFICATION. PERSONS BETWEEN 16 AND 18 Years of age SHALL NOT BE PERMITTED TO USE a tanning bed on consecutive days]2 .1”
(cf: P.L.2006, c.48, s.2)
13. Section 7 of P.L.1989, c.234 (C.26:2D-87) is amended to read as follows:
7. A person who violates the provisions of [this act] P.L.1989, c.234 (C.26:2D-81 et seq.) and P.L.2006, c.48 (C.26:2D-82.1 et al.) is subject to a penalty of $100 for the first offense and $200 for each subsequent offense , except that a tanning facility operator who violates the provisions of section 1 of P.L.2006, c.48 (C.26:2D-82.1) concerning a minor’s use of the tanning facility is subject to a penalty of $1,000 for the first offense, $2,000 for the second offense, and $2,000 and a five-day suspension of the facility’s registration and operation for a third and subsequent offense. The penalty shall be sued for and collected in a court of competent jurisdiction in a summary proceeding in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
A penalty recovered under the provisions of [this act] P.L.1989, c.234 (C.26:2D-81 et seq.) and P.L.2006, c.48 (C.26:2D-82.1 et al.) shall be recovered by and in the name of the Commissioner of Health and Senior Services or by and in the name of the local board of health. When the plaintiff is the Commissioner of Health and Senior Services the penalty recovered shall be paid by the commissioner into the treasury of the State. When the plaintiff is a local board of health, the penalty recovered shall be paid by the local board of health into the treasury of the municipality where the violation occurred.1
(cf: P.L.2006, c.48, s.5)
14. (New section) The Commissioner of Health and Senior Services shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, 164 (C.52:14-19.1), no later than two years after the effective date of P.L. , c. (pending before the Legislature as this bill), on the number and details of violations of P.L.1989, c.234 (C.26:2D-81 et seq.) and P.L.2006, c.48 (C.26:2D-82.1 et al.) is found at tanning salons.1
1[3.] 5.1 This act shall take effect on the first day of the 1[third] sixth1 month after enactment.
Prohibits minors under 14 years of age from using spray tanning in tanning facilities and prohibits minors under 17 years of age from using tanning beds.