State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_104E > GS_104E-9_1

§ 104E‑9.1. Restrictions on use and operation of tanning equipment.

(a)        Operators oftanning equipment and owners of tanning facilities subject to rules adoptedpursuant to this Chapter shall comply with or ensure compliance with thefollowing:

(1)        The operator shallprovide to each consumer a warning statement that defines the potential hazardsand consequences of exposure to ultraviolet radiation. Before allowing theconsumer's initial use of the tanning equipment, the operator shall obtain thesignature of the consumer on the warning statement acknowledging receipt of thewarning.

(2)        The operator shallnot allow a person 13 years and younger to use tanning equipment without awritten prescription from the person's medical physician specifying the natureof the medical condition requiring the treatment, the number of visits, and thetime of exposure for each visit.

(3)        Neither an operatornor an owner shall claim or distribute promotional materials that claim thatusing tanning equipment is safe or free from risk or that using tanningequipment will result in medical or health benefits.

(b)        The Commission mayadopt, and the Department shall enforce, rules to implement this section. Therequirements of this section are in addition to other rules adopted pursuant tothis Chapter that are applicable to tanning facilities and do not conflict withthis section.

(c)        As used in thissection, unless the context requires otherwise, the term:

(1)        "Consumer"means any individual who is provided access to a tanning facility that issubject to registration and regulation under this Chapter.

(2)        "Tanningequipment" means ultraviolet or other lamps and equipment containing suchlamps intended to induce skin tanning through the irradiation of any part ofthe living human body with ultraviolet radiation.

(3)        "Tanningfacility" means any location, place, area, structure, or business thatprovides consumers access to tanning equipment. For the purpose of thisdefinition, tanning equipment registered to different persons at the samelocation and tanning equipment registered to the same person, but at separatelocations, shall constitute separate tanning facilities. (2004‑157, s. 1.)