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TENNESSEE COMPILATION OF SELECTED LAWS ON CHILDREN, YOUTH AND FAMILIES, 2011 EDITION

TENNESSEE CODE ANNOTATED

Title 68 Health, Safety and Environmental Protection

Safety

Chapter 117 Tanning Facility Control Act of 1990

68-117-104. Requirements.

(a) A tanning facility shall:

(1) Have a trained attendant on duty whenever the facility is open for business;

(2) Provide each customer with protective eyewear that meets the requirements of 21 CFR 1040.20(c)(4);

(3) Not allow a person to use a tanning device if that person does not use the protective eyewear;

(4) Show each customer how to use suitable physical aids, such as handrails and markings on the floor, to maintain proper exposure distance as recommended by the manufacturer;

(5) Limit each customer to the maximum exposure time as recommended by the manufacturer; and

(6) Control the interior temperature of a tanning facility so that it does not exceed thirty-four degrees centigrade (34 C).

(b) (1) Each time a person uses a tanning facility or each time a person executes or renews a contract to use a tanning facility, the person shall sign a written statement, as set forth in this chapter, that the person:

(A) Has read and understood the warnings before using the device; and

(B) Agrees to use the protective eyewear that the tanning facility provides.

(2) When using a tanning device, a person shall use the protective eyewear that the tanning facility provides.

(3) A person between fourteen (14) and eighteen (18) years of age shall either be accompanied by the person's parent or legal guardian who shall present photo identification and sign the warnings statement provided for in this chapter, or shall provide the tanning facility with a notarized statement signed by the person's parent or legal guardian giving consent for use of a tanning device and stating the relationship with the person who is under eighteen (18) years of age, as well as a warning statement as provided for in this chapter signed by the parent or legal guardian.

(4) A person under fourteen (14) years of age shall be accompanied by a parent or legal guardian when using a tanning device. The accompanying parent or legal guardian shall provide photo identification and shall sign the warnings statement provided for in this chapter, as well as sign a statement stating the relationship with the child who is under fourteen (14) years of age.

(5) The operator of the tanning facility shall maintain the signed statements and the notarized statements provided for in subdivision (b)(3) for a period of not less than two (2) years and shall make them available for inspection upon request.

Acts 1990, ch. 845, § 1; T.C.A., § 68-54-104; Acts 2002, ch. 528, §§ 1-5.

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