N.Y. General Business Law § 392-g: Sale of ultraviolet radiation devices

§ 392-g. Sale of ultraviolet radiation devices. 1. When used in this

section, the following words and phrases shall have the meanings

ascribed to them in this section:

(a) "Tanning facility" shall mean any establishment where one or more

ultraviolet radiation device is used, offered, or made available for use

by any human being, for which a fee is charged, directly or indirectly,

but shall not include any facility where any such device is used by a

qualified health care professional for treatment of medical conditions.

(b) "Ultraviolet radiation device" shall mean any equipment which is

designed to emit electromagnetic radiation in the wavelength interval of

two hundred to four hundred nanometers in air, and which is intended to

induce tanning of the human skin through irradiation, including, but not

limited to, a sunlamp, tanning booth, or tanning bed.

(c) "Person" shall mean an individual, corporation, partnership, joint

venture, or any business entity.

2. No person shall offer for sale any ultraviolet radiation device for

use in a tanning facility, or for the personal use of a consumer, unless

such device is conspicuously labeled with a warning stating the health

hazards associated with the use of such device, and setting forth a safe

exposure schedule, and such device is equipped with a timing device

limiting exposure time to safe exposure levels.

3. Each ultraviolet radiation device offered for sale shall be

accompanied without additional cost therefor by safety goggles.

4. Each ultraviolet radiation device offered for sale shall include an

easily accessible on/off switch permitting an individual, while using

the device, to turn off the radiation at any time the device is in use.

5. Any person who knowingly fails to comply with the requirements of

this section shall be assessed a civil penalty not to exceed fifty

dollars for the first violation, one hundred dollars for a second

violation, and two hundred fifty dollars for any subsequent violation.

Each day such offense shall continue shall constitute a separate

additional violation. It shall be a defense to the imposition of any

such civil penalty that the device was labeled and equipped as required

by this section and such label or equipment was removed, defaced, or

rendered inoperable by vandals, provided the person required to comply

with this section subsequently so complies.