N.Y. Public Health Law § 3555: Restrictions on the use of ultraviolet radiation devices

§ 3555. Restrictions on the use of ultraviolet radiation devices. 1.

No owner, operator, or employee of a tanning facility shall permit the

use of the tanning facility by a person eighteen years of age or older

until such person provides a driver's license or other photographic

identification card issued by a government entity or educational

institution indicating that the individual is at least eighteen years of

age and the facility has on file a signed written statement, in a form

prescribed by the commissioner, acknowledging that such person has read

the warnings required under subdivision two of section thirty-five

hundred fifty-four of this article and agrees to wear safety goggles

before using an ultraviolet radiation device. Such signed statement of

acknowledgment may be retained by the tanning facility off premises

provided that an electronic image or facsimile of the original signed

statement of acknowledgment is readily available by the owner or

employee responsible for the operation of the ultraviolet radiation

device of such facility.

2. No owner, operator, or employee of a tanning facility shall permit

the use of an ultraviolet radiation device by a person under eighteen

years of age.

3. This section shall be exclusive and shall preempt any contrary

local law or ordinance, except that this section shall not preempt or

supersede local laws or ordinances imposing additional stricter

restrictions on the use and operation of ultraviolet radiation devices

at tanning facilities which are in effect prior to the effective date of

this section.