463.25 Tanning facilities.

451 words·~2 min read·/wi/chapter-463/463-25-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Phototherapy device” means equipment that emits ultraviolet radiation and is used in treating disease.

(b)“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 but not limited to protective eyewear, timers and handrails, except that “tanning device” does not include a phototherapy device used by a physician.

(c)“Tanning facility” means a place or business that provides persons access to a tanning device.

(2)Permits.

(a)No person may operate a tanning facility without a permit that the department may, except as provided in s. 463.14 , issue under this subsection. The holder of a permit issued under this subsection shall display the permit in a conspicuous place at the tanning facility for which the permit is issued.

(b)Permits issued under this subsection shall expire annually on June 30. Except as provided in s. 463.14 , a permit applicant shall submit an application for a permit to the department on a form provided by the department with the permit fee established by the department under s. 440.03

(9). The application shall include the name and complete mailing address and street address of the tanning facility and any other information reasonably required by the department for the administration of this section.

(3)Advertising.

(a)No tanning facility may state in any advertising that the tanning facility holds a license or permit issued by the department to operate a tanning facility.

(b)No tanning facility may advertise or distribute promotional materials that claim that using a tanning device is safe or free from risk or that the use of a tanning device will result in medical or health benefits.

(c)A tanning facility may only claim or distribute promotional materials that claim that a tanning device is for cosmetic use only.

(4)Notice. Each tanning facility shall give to each of its customers written notice of all of the following:

(a)Failure to wear the eye protection provided by the tanning facility may damage the customer’s eyes and cause cataracts.

(b)Overexposure to a tanning device causes burns.

(c)Repeated exposure to a tanning device may cause premature aging of the skin and skin cancer.

(d)Abnormal skin sensitivity or burning of the skin while using a tanning device may be caused by the following:

1. Certain foods.

2. Certain cosmetics.

3. Certain medications, including but not limited to tranquilizers, diuretics, antibiotics, high blood pressure medicines and birth control pills.

(e)Any person who takes a drug should consult a physician before using a tanning device.