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This entry was published on 2014-09-22
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Sale of ultraviolet radiation devices
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 392-g. Sale of ultraviolet radiation devices. 1. When used in this
section, the following words and phrases shall have the meanings
ascribed to them in this section:

(a) "Tanning facility" shall mean any establishment where one or more
ultraviolet radiation device is used, offered, or made available for use
by any human being, for which a fee is charged, directly or indirectly,
but shall not include any facility where any such device is used by a
qualified health care professional for treatment of medical conditions.

(b) "Ultraviolet radiation device" shall mean any equipment which is
designed to emit electromagnetic radiation in the wavelength interval of
two hundred to four hundred nanometers in air, and which is intended to
induce tanning of the human skin through irradiation, including, but not
limited to, a sunlamp, tanning booth, or tanning bed.

(c) "Person" shall mean an individual, corporation, partnership, joint
venture, or any business entity.

2. No person shall offer for sale any ultraviolet radiation device for
use in a tanning facility, or for the personal use of a consumer, unless
such device is conspicuously labeled with a warning stating the health
hazards associated with the use of such device, and setting forth a safe
exposure schedule, and such device is equipped with a timing device
limiting exposure time to safe exposure levels.

3. Each ultraviolet radiation device offered for sale shall be
accompanied without additional cost therefor by safety goggles.

4. Each ultraviolet radiation device offered for sale shall include an
easily accessible on/off switch permitting an individual, while using
the device, to turn off the radiation at any time the device is in use.

5. Any person who knowingly fails to comply with the requirements of
this section shall be assessed a civil penalty not to exceed fifty
dollars for the first violation, one hundred dollars for a second
violation, and two hundred fifty dollars for any subsequent violation.
Each day such offense shall continue shall constitute a separate
additional violation. It shall be a defense to the imposition of any
such civil penalty that the device was labeled and equipped as required
by this section and such label or equipment was removed, defaced, or
rendered inoperable by vandals, provided the person required to comply
with this section subsequently so complies.