401.1 If a consumer does not provide compliant protective eyewear, the licensee shall have compliant protective eyewear available for the consumer to use during any use of tanning equipment.

401.2 The licensee shall not allow a consumer to use any tanning equipment if a consumer:

(a) Refuses to accept compliant protective eyewear offered by the licensee if he or she does not have his or her own; or

(b) Vocalizes a refusal to use compliant protective eyewear offered by the licensee or his or her own compliant protective eyewear.

401.3 The protective eyewear shall meet FDA requirements stated in 21 C.F.R. § 1040.20(c)(4) (Sunlamp products and ultraviolet lamps intended for use in sunlamp products, Protective eyewear).

SOURCE: Final Rulemaking published at 60 DCR 3582 (March 15, 2013).