1. (1)(a) The operator shall use only commercially available tanning devices manufactured and certified in compliance with 21 CFR 801.4, 21 CFR 1010.2, 21 CFR 1010.3, and 21 CFR 1040.20.

   1. (b) The operator shall follow the manufacturer's safety instructions applicable to each tanning device.

2. (2) The operator shall:

   1. (a) maintain at the tanning facility the manufacturer's operating instructions, exposure recommendations, and safety instructions for each tanning device;
   2. (b) centrally install and locate the timing device controls for each tanning device so that a patron may not set or reset the exposure time on any tanning device;
   3. (c) control the temperature of each body contact surface of a tanning device and the surrounding area to ensure that the surface does not exceed 100 degrees Fahrenheit;
   4. (d) maintain each tanning device in good repair;
   5. (e) provide a physical barrier to protect a patron from possible injury that could occur by touching or breaking a tanning device lamp;
   6. (f) provide a physical barrier or other method, such as a handrail or floor marking to show the patron the proper exposure distance between an ultraviolet lamp and the patron's skin;
   7. (g) replace each defective or burned-out lamp or filter with a lamp or filter that is clearly identified by brand and model designation by the lamp or filter manufacturer;

   8. (h) maintain lamp manufacturer's labeling and user instructions at the tanning facility that demonstrate the compatibility equivalence of any replacement lamp or filter;

      1. (i) track each patron's usage to ensure that a patron does not use a tanning device more frequently than once each calendar day or in excess of the manufacturer's recommended exposure;
   9. (j) ensure that each tanning device allows a patron to exit the tanning device without assistance from the operator;

   10. (k) assess each patron's skin type and sensitivity and consider the intensity of the radiation output of the tanning devices in the tanning facility when assigning a patron to use a particular tanning device;

       1. (l) provide a separate enclosed tanning area for each tanning device that ensures patron safety and privacy; and
   11. (m) ensure that only one person enters an enclosed tanning area during a tanning session;

3. (3) The operator may not:

   1. (a) operate any tanning device that has an ineffective or inoperable timing device or for which the timing device is missing;
   2. (b) exceed the manufacturer's maximum recommended exposure time;
   3. (c) exceed the exposure time recommended by the manufacturer in compliance with 21 CFR 1040.20(d)(1)(iv);
   4. (d) advertise or promote the use of any tanning equipment using wording such as "safe," "safe tanning," "no harmful rays," "no adverse effect," free from risk," or similar wording or concept; and
   5. (e) allow an animal, except for a service animal, to be in an enclosed tanning area during a tanning session.

KEY: tanning beds, indoor tanning, sanitation, ultraviolet light safety

Date of Last Change: August 17, 2023

Notice of Continuation: January 17, 2023

Authorizing, and Implemented or Interpreted Law: 26B-1-202; 26B-7-402; 26B-7-40