Relates to restrictions on ultraviolet radiation devices

Summary of provisions

Section 1 amends Section 3555 of the public health law to require that no owner, operator, or employee of a tanning facility shall permit the use of a tanning facility to any person unless they have shown a valid ID indicating that they are at least eighteen years old, have signed a written statement acknowledging that they have been made aware of the danger of using tanning facilities, and have agreed to wear safety goggles.

It also removes provisions allowing persons between seventeen and eighteen years of age to use tanning facilities with permission of a parent or legal guardian, and replaces them with a requirement that no owner, operator, or employee of a tanning facility shall permit the use of an ultraviolet radiation device by persons seventeen years of age and under.

It also establishes that this law shall preempt any contrary local law or ordinance, except when a local law or ordinance imposes additional stricter restrictions on the use and operation of ultraviolet tanning devices.

Section 2 establishes that this act shall take effect on the ninetieth day after it shall have become a law.

Justification

The use of ultraviolet tanning beds has proven time and time again to be extraordinarily detrimental to the long-term health of users, especially to those under the age of 18. The International Agency for Research on Cancer (IARC), a panel of experts convened by the World Health Organization, has found that the risk of developing melanoma of the skin increases by 75 percent when tanning bed use starts before the age of 35. According to the FDA, tanning can also cause premature aging, immune suppression, irreversible eye damage, and allergic reactions (including rashes).

The FDA is concerned about the use of tanning beds by children and teenagers, as they are particularly susceptible to the effects of intense ultraviolet radiation. In a 2009 study, the FDA found that less than 11 percent of tanning facilities followed the FDA's recommended exposure schedule of three or fewer sessions the first week. About 71 percent said they would allow a teen to tan all seven days the first week, and many promoted frequent tanning with "unlimited tanning" discount price packages. This demonstrates a flagrant disregard for the safety and well-being of teens, who are in need of the most protection from harmful UV rays.

A recent New York Times article on this issue also noted that the incidence rate of melanoma in women under 40 has risen by a third since 1990. However, encouragingly, due to widespread implementation of restrictions on tanning by minors, the number of teen girls who use tanning salons has fallen from around 25 percent in 2009 to around 20 percent in 2013. This is particularly good news considering the fact that in 2011, the Times reported that frequent tanning causes changes in brain activity that mimic drug addiction, which provides an example of how habit-forming tanning can become for young teens.

There is a clear consensus among major health and skin care organizations that there is a conclusive link between exposure to intense ultraviolet radiation and melanoma. In the face of such overwhelming scientific evidence of the dangers of tanning, action should be taken to limit the exposure of teens to this addictive, harmful, short-sighted practice. This legislation would help to drive down the incidences of skin cancer in the State of New York and would discourage teens from beginning to tan in the first place.

Prior legislative history

New bill.

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.