16 DE Admin. Code 4454. Tanning Facilities Regulation

Department of Health and Social Services

Division of Public Health

4400 Health Systems Protection

4454 Tanning Facilities Regulation

1.0 Purpose

This regulation outlines operational standards for tanning facilities throughout Delaware to better provide for the health and welfare of its citizens.

29 DE Reg. 219 (09/01/25)

2.0 Definitions

The following words and terms, when used in this regulation, shall have the meaning set forth in 16 Del.C. §3002D :

" Customer" means any member of the public who is provided access to a tanning facility in exchange for a fee or other compensation or any individual who, in exchange for a fee or other compensation, is afforded use of a tanning facility as a condition or benefit of membership or access.

"Department" means the Delaware Department of Health and Social Services.

"Minor" means any individual less than 18 years of age.

"Person" means an individual, partnership, corporation, or association.

"Tanning device" means equipment that emits electromagnetic radiation having wavelengths in the air between 200 and 400 nanometers and that is used for tanning of human skin and any equipment used with that equipment, including protective eyewear, timers, and handrails. Tanning device shall not include a phototherapy device used, or prescribed for use, by a physician.

"Tanning facility" means any location, place, area, structure, or business that provides customers access to any tanning device.

18 DE Reg. 392 (11/01/14)

29 DE Reg. 219 (09/01/25)

3.0 Minors Prohibited

A tanning facility shall not permit a minor to use a tanning device.

18 DE Reg. 392 (11/01/14)

29 DE Reg. 219 (09/01/25)

4.0 Requirements of Warning Signs and Statements

4.1 Each tanning facility shall post at least 1 warning sign in a place readily visible to persons entering the facility. Lettering must be clear, legible, and at least ¼ inch in height, unless otherwise provided herein

Prohibited

A tanning facility shall not permit a minor to use a tanning device.

18 DE Reg. 392 (11/01/14)

29 DE Reg. 219 (09/01/25)

4.0 Requirements of Warning Signs and Statements

4.1 Each tanning facility shall post at least 1 warning sign in a place readily visible to persons entering the facility. Lettering must be clear, legible, and at least ¼ inch in height, unless otherwise provided herein. The sign shall have dimensions not less than 11 inches by 17 inches and shall have the following statements:

4.1.1 "DANGER - ULTRAVIOLET RADIATION", in capital letters at least ½ inch in height;

4.1.2 "Follow the manufacturer's instructions for this device.";

4.1.3 "Avoid overexposure. As with sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure to ultraviolet radiation may cause chronic sun damage characterized by wrinkling, dryness, fragility, bruising of the skin, and skin cancer.";

4.1.4 "Avoid sunbathing before or after exposure to ultraviolet radiation from sunlamps.";

4.1.5 "Wear protective eyewear. Failure to do so may result in severe burns or permanent injury to the eyes."; and

4.1.6 "Medications or cosmetics may increase sensitivity to ultraviolet radiation. Consult a physician before using a sunlamp if you are using medications, have a history of skin problems, or believe you are especially sensitive to sunlight."

18 DE Reg. 392 (11/01/14)

29 DE Reg. 219 (09/01/25)

5.0 Requirements of Written Statement

5.1 Each customer shall be provided with a written warning statement prior to each use of the tanning equipment or device

ty to ultraviolet radiation. Consult a physician before using a sunlamp if you are using medications, have a history of skin problems, or believe you are especially sensitive to sunlight."

18 DE Reg. 392 (11/01/14)

29 DE Reg. 219 (09/01/25)

5.0 Requirements of Written Statement

5.1 Each customer shall be provided with a written warning statement prior to each use of the tanning equipment or device. The warning statement shall include the following statements:

5.1.1 "Failure to use eye protection may result in injury to the eyes.";

5.1.2 "Overexposure to ultraviolet light may cause burns.";

5.1.3 "Repeated exposure to ultraviolet light may result in skin cancer and premature aging of the skin.";

5.1.4 "Abnormal skin sensitivity or burning may be caused by reactions of ultraviolet light to certain foods, cosmetics, or medications, including tranquilizers, diuretics, antibiotics, high blood pressure medications, and the use of oral contraception.";

5.1.5 "Anyone taking a prescription or over-the-counter drug should consult a physician before using any tanning equipment or device."

18 DE Reg. 392 (11/01/14)

29 DE Reg. 219 (09/01/25)

6.0 Compliance and Enforcement Procedures

6.1 Administrative Penalties. Whoever violates a provision of this regulation shall be subject to an administrative penalty of $250 for the first violation, $500 for the second violation, and $1,000 for the third and all subsequent violations.

6.2 Right to Administrative Hearing. Upon due notice that the Department intends to assess a tanning facility an administrative penalty, as indicated in subsection 6.1 of this regulation, the facility may submit to the Department, within 30 days of the date of the notice of intent, a written request for an administrative hearing.

6.3 Orders of the Department. Whoever refuses, fails, or neglects to comply with an order of the Department, shall be fined not less than $100 and not more than $1,000, together with costs, unless otherwise provided by law.

18 DE Reg. 392 (11/01/14)

29 DE Reg

facility may submit to the Department, within 30 days of the date of the notice of intent, a written request for an administrative hearing.

6.3 Orders of the Department. Whoever refuses, fails, or neglects to comply with an order of the Department, shall be fined not less than $100 and not more than $1,000, together with costs, unless otherwise provided by law.

18 DE Reg. 392 (11/01/14)

29 DE Reg. 219 (09/01/25)

7.0 Severability

In the event a particular clause or section of this regulation should be declared invalid or unconstitutional by a court of competent jurisdiction, the remaining portions of this regulation shall remain in full force and effect.

18 DE Reg. 392 (11/01/14)

29 DE Reg. 219 (09/01/25)

13 DE Reg. 1330 (04/01/10)

18 DE Reg. 392 (11/01/14)

29 DE Reg. 219 (09/01/25)