N.J. Admin. Code § 8:28-3.7

Current through Register Vol. 56, No. 23, December 2, 2024

Section 8:28-3.7 - Protection of consumers-general

(a) The registrant shall ensure that at least one trained operator is present and available in the tanning facility at all times when the tanning facility is in operation.

(b) The registrant shall develop and provide a procedure manual to assist tanning facility operators in the provision of a safe and sanitary facility and in the protection of consumers from excessive or unnecessary exposure to ultraviolet radiation.

1. The procedure manual shall be specific to the tanning facility and shall include this chapter and guidance regarding all other activities necessary for the proper and safe operation of the tanning facility.

2. The registrant shall ensure that a copy of the procedure manual is kept onsite and readily available at all times during operation of the tanning facility.

(c) The registrant shall maintain a list of the common photosensitizing agents, such as Medications That Increase Sensitivity to Light: a 1990 Listing, prepared by Jerome I. Levine, MS, RPh, December 1990 for the FDA's Center for Devices and Radiological Health, HHS Publication FDA 91-8280 (24 pages), available by written request to the PHSSP mailing address or online through the PHSSP website.

1. The operator shall review the photosensitizing agent list with consumers, parents or legal guardians upon their initial visit and annually thereafter.

i. The operator shall instruct consumers, parents or legal guardians that the list may not be all-inclusive and that they should consult a physician or pharmacist with any medication photosensitivity questions.

2. The operator shall ensure that the list of photosensitizing agents is readily accessible in the facility for review by consumers.

(d) The registrant shall provide means to enable a consumer to summon and receive assistance from the exposure position in an emergency, such as:

1. Periodic rounds by facility staff through the facility; or

2. Provision of alarm devices accessible to consumers.

(e) At each tanning facility, the registrant shall keep a readily accessible list of emergency contact numbers appropriate for the community in which the facility is located, including, but not limited to, emergency 9-1-1 service.

N.J. Admin. Code § 8:28-3.7