An Act To Reduce Youth Cancer Risk
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §689-A is enacted to read:
§ 689-A. Tanning facilities; minors
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Operator" means a person designated by the owner of a tanning facility or the lessee of a tanning device to operate, or to assist and instruct in the operation and use of, a tanning facility or tanning device.
B. "Phototherapy device" means equipment that emits ultraviolet radiation and is used in the diagnosis or treatment of disease or injury.
C. "Tanning device" means equipment that emits electromagnetic radiation having wavelengths in air between 200 and 400 nanometers that is used for the tanning of human skin. "Tanning device" includes a sunlamp, tanning booth or tanning bed but does not include a phototherapy device used or prescribed for use by a physician.
D. "Tanning facility" means a location, place, area, structure or business that provides persons access to a tanning device, including tanning salons, health clubs, apartments and condominiums, regardless of whether a fee is charged for access to the tanning device.
2. Prohibition. An owner of a tanning facility, a lessee of a tanning device or an operator may not allow an individual who has not yet reached 18 years of age to use a tanning device. Proof of age may be satisfied with a driver's license or other government-issued identification containing the date of birth and a photograph of the individual.
3. Notice. An owner of a tanning facility or a lessee of a tanning device shall post in a conspicuous place in the tanning facility notice, in a form developed by the department, that it is unlawful for a tanning facility or operator to allow a person under 18 years of age to use a tanning device, that a tanning facility or operator that violates the provisions of this section is subject to penalties and that an individual may report a violation of this section to the radiation control program of the Maine Center for Disease Control and Prevention.
4. Violation; penalty. A person who violates this section is subject to penalties in accordance with section 690.
summary
This bill prohibits tanning facilities from allowing individuals who have not attained 18 years of age to use tanning devices.