§ 392-g. Sale of ultraviolet radiation devices. 1. When used in this\nsection, the following words and phrases shall have the meanings\nascribed to them in this section:\n (a) "Tanning facility" shall mean any establishment where one or more\nultraviolet radiation device is used, offered, or made available for use\nby any human being, for which a fee is charged, directly or indirectly,\nbut shall not include any facility where any such device is used by a\nqualified health care professional for treatment of medical conditions.\n (b) "Ultraviolet radiation device" shall mean any equipment which is\ndesigned to emit electromagnetic radiation in the wavelength interval of\ntwo hundred to four hundred nanometers in air, and which is intended to\ninduce tanning of the human skin through irradiation, including, but not\nlimited to, a sunlamp, tanning booth, or tanning bed.\n (c) "Person" shall mean an individual, corporation, partnership, joint\nventure, or any business entity.\n 2. No person shall offer for sale any ultraviolet radiation device for\nuse in a tanning facility, or for the personal use of a consumer, unless\nsuch device is conspicuously labeled with a warning stating the health\nhazards associated with the use of such device, and setting forth a safe\nexposure schedule, and such device is equipped with a timing device\nlimiting exposure time to safe exposure levels.\n 3. Each ultraviolet radiation device offered for sale shall be\naccompanied without additional cost therefor by safety goggles.\n 4. Each ultraviolet radiation device offered for sale shall include an\neasily accessible on/off switch permitting an individual, while using\nthe device, to turn off the radiation at any time the device is in use.\n 5. Any person who knowingly fails to comply with the requirements of\nthis section shall be assessed a civil penalty not to exceed fifty\ndollars for the first violation, one hundred dollars for a second\nviolation, and two hundred fifty dollars for any subsequent violation.\nEach day such offense shall continue shall constitute a separate\nadditional violation. It shall be a defense to the imposition of any\nsuch civil penalty that the device was labeled and equipped as required\nby this section and such label or equipment was removed, defaced, or\nrendered inoperable by vandals, provided the person required to comply\nwith this section subsequently so complies.\n
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