ASSEMBLY, No. 2142

STATE OF NEW JERSEY

215th LEGISLATURE

INTRODUCED JANUARY 30, 2012

 


 

Sponsored by:

Assemblyman RALPH R. CAPUTO

District 28 (Essex)

Assemblyman GORDON M. JOHNSON

District 37 (Bergen)

Assemblyman LOUIS D. GREENWALD

District 6 (Burlington and Camden)

Assemblyman HERB CONAWAY, JR.

District 7 (Burlington)

Assemblywoman PAMELA R. LAMPITT

District 6 (Burlington and Camden)

 

Co-Sponsored by:

Assemblywoman Wagner, Assemblymen Eustace, P.Barnes, III, Assemblywoman Schepisi, Assemblyman Schaer, Assemblywoman Stender, Assemblyman Giblin and Assemblywoman Jimenez

 

 

 

 

SYNOPSIS

Prohibits minors under 18 years of age from using indoor tanning beds.

 

CURRENT VERSION OF TEXT

As introduced.


An Act prohibiting the use of indoor tanning beds by minors and amending P.L.2006, c.48 and P.L.1989, c.234.

 

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 14 years of age to use a tanning facility or a person under 18 years of age to use a tanning bed in a tanning facility.

b. A tanning facility operator shall [not] permit a person who is at least 14 but less than 18 years of age to use spray tanning in a tanning facility [without] 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. An emancipated minor shall be exempt from the authorization requirement of this subsection upon legal proof documenting said emancipation.

c. 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.

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 THIS TANNING FACILITY. PERSONS UNDER AGE 18 SHALL NOT BE PERMITTED TO USE A TANNING BED IN THIS FACILITY. PERSONS BETWEEN 14 AND 18 YEARS OF AGE SHALL NOT BE PERMITTED TO USE SPRAY TANNING IN THIS TANNING FACILITY WITHOUT WRITTEN AUTHORIZATION OF A PARENT OR LEGAL GUARDIAN."

(cf: P.L.2006, c.48, s.2)

 

3. This act shall take effect on the first day of the third month after enactment.

 

 

STATEMENT

 

This bill revises the law governing the use of tanning facilities by minors.

Under current law, a person under 14 years of age is prohibited from using a tanning facility, but a person who is at least 14 but less than 18 years of age may use a tanning facility with the written authorization of the person's parent or legal guardian indicating that 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).

This bill provides specifically as follows:

   A tanning facility operator is to prohibit a person who is under 14 years of age from using a tanning facility and a person under 18 years of age from using a tanning bed in a tanning facility.

   A tanning facility operator is to permit a person who is at least 14 but less than 18 years of age to use spray tanning in a tanning facility with the written authorization of the person's parent or legal guardian indicating that the parent or guardian consents to the use of spray tanning on the person. (An emancipated minor is exempt from this authorization requirement upon legal proof documenting emancipation.)

   A tanning facility operator is required to post a sign in conspicuous view at or near the reception area which advises patrons of the provisions of this bill.

   The bill takes effect on the first day of the third month after enactment.

The provisions of this bill are intended to address the growing concern about the risk to youths who are exposed to ultraviolet (UV) radiation from the use of indoor tanning beds.

It should be noted that:

-- The incidence of melanoma has been steadily rising for the past 30 years, and it is believed that this increase is due to increased exposure to UV radiation as a consequence of individual behavior with regard to UV exposure from the sun and the use of indoor tanning beds;

-- UV exposure is also associated with premature aging of the skin, suppression of the immune system, and eye damage;

-- In 2009, the International Agency for Research on Cancer raised the classification of UV-emitting indoor tanning devices to the highest level of cancer risk; and

-- The link between UV exposure from indoor tanning devices and melanoma is consistent with what is already known about the association between solar UV exposure and skin cancer.