Senator LORETTA WEINBERG
District 37 (Bergen)
Senator ROBERT W. SINGER
District 30 (Monmouth and Ocean)
Prohibits minors under 18 years of age from using indoor tanning beds.
CURRENT VERSION OF TEXT
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 sixth month after enactment.
This bill revises the law governing the use of tanning facilities by minors. The bill would make it illegal for a tanning facility operator to permit a minor under 18 years of age to use tanning beds. The bill permits a tanning facility operator to allow a person older than 14 but less than 18 years of age to use spray tanning, but only with the written authorization of a parent or legal guardian indicating consent to the use of spray tanning on the person. A tanning facility would be required to post a sign in conspicuous view near the reception area that describes these prohibitions.
Penalties for violating the provisions of the bill would be the same as for other violations of C.26:2D-81 et seq., that is, $100 for the first offense and $200 for each subsequent offense.
The bill takes effect the first day of the sixth month after enactment.