1. The Laws of New York
  2. Consolidated Laws
  3. General Business
  4. Article 26: Miscellaneous

Section 392-G Sale of ultraviolet radiation devices

General Business (GBS)

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.