(1) The following devices are exempt from the requirements of this part 10: (a) Artificial tanning devices which are used exclusively for personal, noncommercial purposes by the owner, members of the owner's family, or persons authorized by the owner to use the device; (b) Phototherapy devices used by or under the supervision of a licensed physician or other licensed health-care professional within the scope of such person's practice for the purposes of treating diseases; and (c) Artificial tanning devices which are in transit or storage and are not made available for use during such transit or storage. (2) Nothing in this section shall be construed to mean that the department endorses any type of artificial tanning device, any location of such devices, any business which provides artificial tanning devices for use by the public, or the use of any such devices.
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