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BILL AS INTRODUCED 2007-2008

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H.215

Introduced by Representatives Ancel of Calais, Chen of Mendon and Hosford of Waitsfield

Referred to Committee on

Date:

Subject:  Health; tanning booths; minors

Statement of purpose:  This bill proposes to prohibit use of tanning booths by minors.

AN ACT RELATING TO PROHIBITING MINORS FROM USING TANNING BOOTHS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  LEGISLATIVE FINDINGS

The general assembly finds:

(1)  Many physicians and scientists now warn that the risks associated with tanning are greater when tanning with artificial ultraviolet light.  These risks include, but are not limited to, sunburn, premature aging, skin cancer, retinal damage, formation of cataracts, suppression of the immune system, and damage to the vascular system.

(2)  Certain medications, cosmetics, and foods are “photosensitizing,” which means that in some people they react unfavorably with ultraviolet light to produce skin rashes or burns.  Sunlamps and other artificial sources of ultraviolet light are known to intensify these effects.

(3)  There is a particular cause for concern about Vermont’s younger residents.  Studies show that women who go to tanning salons more than once a month or get sunburns when they are teenagers are 55 percent more likely to develop skin cancer later in life.

Sec. 2.  18 V.S.A. § 1511 is added to read:

§ 1511.  Tanning Booths; Minors; Penalty

(a)  As used in this section:

(1)  “Operator” means a person designated by the tanning facility owner or tanning equipment lessee to operate, or to assist and instruct in the operation and use of, the tanning facility or tanning equipment.

(2)  “Tanning equipment” means any device that emits electromagnetic radiation with wavelengths in the air between 200–400 nanometers used for tanning of the skin, including, but not limited to, a sunlamp, tanning booth, or tanning bed.

(3)  “Tanning facility” means any location, place, area, structure, or business which provides persons access to any tanning equipment, including, but not limited to, tanning salons, health clubs, apartments, and condominiums, regardless of whether a fee is charged for access to the tanning equipment.

(b)  This section shall apply to any tanning facility in Vermont; provided, however, that it shall not apply to any physician duly licensed to practice medicine who uses, in the practice of medicine, medical diagnostic and therapeutic equipment that emits ultraviolet radiation or to any person who owns tanning equipment exclusively for personal, noncommercial use.

(c)  It shall be unlawful for a tanning facility or operator to allow any person who has not yet reached the age of 18 to use any tanning equipment.

(d)  Any tanning facility found to be in violation of any provision of this title shall be subject to a civil penalty of up to $500.00 for the first violation, not less than $750.00 and not more than $1,000.00 for the second violation, and not less than $1,000.00 and not more than $1,500.00 for the third violation and each violation thereafter.

(e)  The commissioner shall adopt such rules as are necessary to effectuate the provisions of this section.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us