N.J. Admin. Code § 8:28-3.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 8:28-3.8 - Protection of consumers-minors

(a) A tanning facility operator shall not permit a minor who is less than 17 years of age to use a sunlamp product in the tanning facility; a minor who is at least 17 years of age may use a sunlamp product in the tanning facility provided the minor's parent or legal guardian is present at the tanning facility for the initial consultation.

1. An emancipated minor shall be exempt from the authorization requirement upon legal proof documenting the minor's emancipation status.

(b) The operator shall verify the age and identity of all consumers under age 27 and of the parent or legal guardian for minors at least 17, but less than 18 years of age.

1. Verification described in (b) above shall be completed by submission of a government-issued photographic identification or at least two of the following documents:

i. One of the following documents confirming age, such as, but not limited to, driver's license (non photograph), birth certificate, or voter registration card; and

ii. One of the following documents confirming identity, such as, but not limited to, credit card, school ID, company ID, library card, organization ID (such as athletic club), social security card, or proof of auto insurance.

2. The operator shall photocopy and retain verification documentation for consumers, parents, and legal guardians on file in the consumer's record in accordance with 8:28-3.12.

3. The operator shall prohibit a consumer from using a sunlamp product if the consumer does not provide identification.

(c) The registrant shall post a sign in conspicuous view at or near the reception area with the following text: "PERSONS UNDER AGE 14 SHALL NOT BE PERMITTED TO USE SPRAY TANNING IN THIS TANNING FACILITY. PERSONS WHO ARE AT LEAST 17 YEARS OF AGE SHALL BE PERMITTED TO USE A TANNING BED IN THIS FACILITY PROVIDED THAT A PARENT OR LEGAL GUARDIAN IS PRESENT FOR THE INITIAL CONSULTATION."

1. The sign shall meet the size specifications described in 8:28-3.4(b).

(d) The operator shall prohibit minors under the age of 17 from being present in the sunlamp product room during exposure of parents, legal guardians, or other accompanying consumers to ultraviolet radiation.

(e) A tanning facility operator shall not permit persons under the age of 14 to use spray tanning in the tanning facility.

N.J. Admin. Code § 8:28-3.8

Amended by 48 N.J.R. 1628(b), effective 8/15/2016