Bill Text: MN HF1328 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Tanning salon customer protection state laws strengthened.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2011-03-29 - Introduction and first reading, referred to Commerce and Regulatory Reform [HF1328 Detail]
Download: Minnesota-2011-HF1328-Introduced.html
1.2relating to health; strengthening state laws protecting the health of tanning salon
1.3customers;amending Minnesota Statutes 2010, sections 325H.01, subdivision 7;
1.4325H.05; 325H.06; 325H.08; 325H.09.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 325H.01, subdivision 7, is amended to
1.7read:
1.8 Subd. 7. Tanning facility. "Tanning facility" means a location, place, area,
1.9structure, or business or a part thereof which provides consumers access to tanning
1.10equipment. Tanning facility includes, but is not limited to, tanning salons, spas, nail
1.11salons, hair styling salons, health clubs, apartments, or condominiums regardless of
1.12whether a fee is charged for access to the tanning equipment.
1.13EFFECTIVE DATE.This section is effective August 1, 2011.
1.14 Sec. 2. Minnesota Statutes 2010, section 325H.05, is amended to read:
1.15325H.05 POSTED WARNING REQUIRED.
1.16(a) The facility owner or operator shall conspicuously post the warning sign
1.17described in paragraph (b) within three feet of each tanning station. The sign must be
1.18clearly visible, not obstructed by any barrier, equipment, or other object, and must be
1.19posted so that it can be easily viewed by the consumer before energizing the tanning
1.20equipment.
1.21(b) The warning sign required in paragraph (a) shall have dimensions not less than
1.22eight 18 inches by ten 24 inches, and must have the following wording, sized no less
1.23than 36 font:
2.2-Follow instructions.
2.3-Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin
2.4injury and allergic reactions. Repeated exposure may cause premature aging
2.5of the skin and skin cancer.
2.6-The World Health Agency's International Agency for Research on Cancer has
2.7labeled indoor tanning as a human carcinogen.
2.8-REPEATED EXPOSURE MAY CAUSE PREMATURE AGING OF THE SKIN
2.9AND SKIN CANCER, INCLUDING MELANOMA, A DEADLY FORM OF SKIN
2.10CANCER.
2.11-Wear protective eyewear.
2.14-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation.
2.15Consult a physician before using sunlamp or tanning equipment if you are
2.16using medications or have a history of skin problems or believe yourself to be
2.17especially sensitive to sunlight."
2.18EFFECTIVE DATE.This section is effective August 31, 2011.
2.19 Sec. 3. Minnesota Statutes 2010, section 325H.06, is amended to read:
2.20325H.06 NOTICE TO CONSUMER.
2.21(a) The tanning facility owner or operator shall provide each consumerunder the age
2.22of 18, before initial exposure at the facility, with a copy of the following warning, which
2.23must be signed, witnessed, and dated as indicated in the warning:
2.25This statement must be read and signed by the consumer BEFORE first exposure to
2.26ultraviolet radiation for tanning purposes at the below signed facility.
2.28-Follow instructions.
2.29-Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin
2.30injury and allergic reactions. Repeated exposure may cause premature aging
2.31of the skin and skin cancer.
2.32-The World Health Agency's International Agency for Research on Cancer has
2.33labeled indoor tanning as a human carcinogen.
3.1-REPEATED EXPOSURE MAY CAUSE PREMATURE AGING OF THE SKIN
3.2AND SKIN CANCER, INCLUDING MELANOMA, A DEADLY FORM OF SKIN
3.3CANCER.
3.4-Wear protective eyewear.
3.6IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
3.7-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation.
3.8Consult a physician before using sunlamp or tanning equipment if you are
3.9using medications or have a history of skin problems or believe yourself to be
3.10especially sensitive to sunlight.
3.11-Follow instructions.
3.12-Avoid overexposure. As with natural sunlight, overexposure can cause eye and
3.13skin injury and allergic reactions.
3.14I have read the above warning and understandwhat it means the cancer risk before
3.15undertaking any tanning equipment exposure.
3.26The consumer is illiterate and/or visually impaired and I have read the warning
3.27statement aloud and in full to the consumer in the presence of the below signed
3.28witness.
3.36(b) Any advertisement for indoor UV tanning services must include the following
3.37warning statement:
4.1"WARNING: Indoor tanning is a human carcinogen. Repeated exposure may
4.2cause premature aging of the skin and skin cancer, including melanoma, a deadly form
4.3of skin cancer."
4.4The above warning must occupy at least one-tenth of the area of the advertisement.
4.5EFFECTIVE DATE.This section is effective August 1, 2011.
4.6 Sec. 4. Minnesota Statutes 2010, section 325H.08, is amended to read:
4.7325H.08 CONSENT REQUIRED.
4.8Before allowing the initial exposure at a tanning facility of a person under the age of
4.916, the owner or operator shall witness the person's parent's or legal guardian's signing and
4.10dating of the warning statement required under section
325H.06. Minors are prohibited
4.11from using tanning equipment unless prescribed by a physician.
4.12Advertising to minors is prohibited. This includes, but is not limited to, advertising
4.13in school newspapers, yearbooks, and sporting events.
4.14EFFECTIVE DATE.This section is effective August 1, 2011.
4.15 Sec. 5. Minnesota Statutes 2010, section 325H.09, is amended to read:
4.16325H.09 PENALTY.
4.17Any person who leases tanning equipment or who owns a tanning facility and who
4.18operates or permits the equipment or facility to be operated in noncompliance with the
4.19requirements of sections325H.01 to
325H.08 is guilty of a petty misdemeanor.
4.20An annual licensing fee of $1,000 will be levied on each tanning facility. These funds
4.21will be utilized for facility inspections, compliance assessments, and penalty enforcements.
4.22EFFECTIVE DATE.This section is effective August 1, 2011.
1.3customers;amending Minnesota Statutes 2010, sections 325H.01, subdivision 7;
1.4325H.05; 325H.06; 325H.08; 325H.09.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 325H.01, subdivision 7, is amended to
1.7read:
1.8 Subd. 7. Tanning facility. "Tanning facility" means a location, place, area,
1.9structure, or business or a part thereof which provides consumers access to tanning
1.10equipment. Tanning facility includes, but is not limited to, tanning salons, spas, nail
1.11salons, hair styling salons, health clubs, apartments, or condominiums regardless of
1.12whether a fee is charged for access to the tanning equipment.
1.13EFFECTIVE DATE.This section is effective August 1, 2011.
1.14 Sec. 2. Minnesota Statutes 2010, section 325H.05, is amended to read:
1.15325H.05 POSTED WARNING REQUIRED.
1.16(a) The facility owner or operator shall conspicuously post the warning sign
1.17described in paragraph (b) within three feet of each tanning station. The sign must be
1.18clearly visible, not obstructed by any barrier, equipment, or other object, and must be
1.19posted so that it can be easily viewed by the consumer before energizing the tanning
1.20equipment.
1.21(b) The warning sign required in paragraph (a) shall have dimensions not less than
1.22
1.23than 36 font:
2.2-Follow instructions.
2.3-Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin
2.4injury and allergic reactions. Repeated exposure may cause premature aging
2.5of the skin and skin cancer.
2.6-The World Health Agency's International Agency for Research on Cancer has
2.7labeled indoor tanning as a human carcinogen.
2.8-REPEATED EXPOSURE MAY CAUSE PREMATURE AGING OF THE SKIN
2.9AND SKIN CANCER, INCLUDING MELANOMA, A DEADLY FORM OF SKIN
2.10CANCER.
2.11-Wear protective eyewear.
2.14-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation.
2.15Consult a physician before using sunlamp or tanning equipment if you are
2.16using medications or have a history of skin problems or believe yourself to be
2.17especially sensitive to sunlight."
2.18EFFECTIVE DATE.This section is effective August 31, 2011.
2.19 Sec. 3. Minnesota Statutes 2010, section 325H.06, is amended to read:
2.20325H.06 NOTICE TO CONSUMER.
2.21(a) The tanning facility owner or operator shall provide each consumer
2.22
2.23must be signed, witnessed, and dated as indicated in the warning:
2.25This statement must be read and signed by the consumer BEFORE first exposure to
2.26ultraviolet radiation for tanning purposes at the below signed facility.
2.28
2.29
2.30
2.31
2.32-The World Health Agency's International Agency for Research on Cancer has
2.33labeled indoor tanning as a human carcinogen.
3.1-REPEATED EXPOSURE MAY CAUSE PREMATURE AGING OF THE SKIN
3.2AND SKIN CANCER, INCLUDING MELANOMA, A DEADLY FORM OF SKIN
3.3CANCER.
3.4-Wear protective eyewear.
3.6IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
3.7-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation.
3.8Consult a physician before using sunlamp or tanning equipment if you are
3.9using medications or have a history of skin problems or believe yourself to be
3.10especially sensitive to sunlight.
3.11-Follow instructions.
3.12-Avoid overexposure. As with natural sunlight, overexposure can cause eye and
3.13skin injury and allergic reactions.
3.14I have read the above warning and understand
3.15undertaking any tanning equipment exposure.
| 3.16 |
.....
|
|
| 3.17 3.18 |
Signature of Operator of Tanning Facility or Equipment |
|
| 3.19 |
.....
|
|
| 3.20 |
Signature of Consumer |
|
| 3.21 |
.....
|
|
| 3.22 |
Print Name of Consumer |
|
| 3.23 |
.....
|
|
| 3.24 |
Date |
3.27statement aloud and in full to the consumer in the presence of the below signed
3.28witness.
| 3.29 |
.....
|
|
| 3.30 3.31 |
Signature of Operator of Tanning Facility or Equipment |
|
| 3.32 |
.....
|
|
| 3.33 |
Witness |
|
| 3.34 |
.....
|
|
| 3.35 |
Date" |
3.37warning statement:
4.1"WARNING: Indoor tanning is a human carcinogen. Repeated exposure may
4.2cause premature aging of the skin and skin cancer, including melanoma, a deadly form
4.3of skin cancer."
4.4The above warning must occupy at least one-tenth of the area of the advertisement.
4.5EFFECTIVE DATE.This section is effective August 1, 2011.
4.6 Sec. 4. Minnesota Statutes 2010, section 325H.08, is amended to read:
4.7325H.08 CONSENT REQUIRED.
4.8
4.9
4.10
4.11from using tanning equipment unless prescribed by a physician.
4.12Advertising to minors is prohibited. This includes, but is not limited to, advertising
4.13in school newspapers, yearbooks, and sporting events.
4.14EFFECTIVE DATE.This section is effective August 1, 2011.
4.15 Sec. 5. Minnesota Statutes 2010, section 325H.09, is amended to read:
4.16325H.09 PENALTY.
4.17Any person who leases tanning equipment or who owns a tanning facility and who
4.18operates or permits the equipment or facility to be operated in noncompliance with the
4.19requirements of sections
4.20An annual licensing fee of $1,000 will be levied on each tanning facility. These funds
4.21will be utilized for facility inspections, compliance assessments, and penalty enforcements.
4.22EFFECTIVE DATE.This section is effective August 1, 2011.
