N.J. Admin. Code § 8:28-3.1

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:28-3.1 - Equipment

(a) Tanning facilities shall use only sunlamp products and tanning equipment that are manufactured and certified in compliance with 21 CFR 1040.20, Sunlamp products and ultraviolet lamps intended for use in sunlamp products, incorporated herein by reference, as amended and supplemented.

1. The Department or local board of health shall use the standard in effect at the time of manufacture, as shown on the device identification label required by 21 CFR 1010.3 to satisfy the facility's compliance with 21 CFR 1040.20.

(b) TThe registrant shall ensure that the facility's sunlamp products meet the following requirements:

1. Each sunlamp product shall have physical barriers to protect consumers from injury induced by touching or breaking the lamps;

2. Each sunlamp product shall be constructed to withstand the stress of use and the impact of a falling person;

3. If the sunlamp product is not in an individual cubicle, then a suitable screen, curtain, or other shield, shall be maintained and used to prevent unnecessary exposure to ultraviolet radiation of persons not using the sunlamp product;

4. Each stand-up tanning booth shall have a secure handhold and non-slip floors;

5. Each stand-up tanning booth shall have physical barriers, or other means, such as handholds or floor markings, to indicate the proper exposure distance between ultraviolet lamps and the consumer's skin;

6. Each stand-up tanning booth shall have rigid construction with doors that open outwardly;

7. Doors to tanning rooms and stand-up booths can be readily opened from both interior and exterior sides in an emergency;

8. Each sunlamp product has a timer that complies with the requirements of 21 CFR 1040.20(c)(2);

i. The maximum timer interval shall not exceed the manufacturer's maximum recommended exposure time.

9. A properly trained operator shall control each sunlamp product timer using a remote timer control system;

10. Each tanning device shall be equipped with an emergency shut-off mechanism to allow manual termination of the UV exposure by the consumer, as required by 21 CFR 1040.20(c)(3);

11. Each sunlamp product timer shall be functional and accurate to within 110 percent of the maximum timer interval for the product; and

12. Each timer shall be tested annually for accuracy.

i. The New Jersey Office of Weights and Measures in the Department of Law and Public Safety requires that all timing devices be registered and tested annually in accordance with 13:47F-1.4.

13. Each sunlamp product has a warning label that complies with the requirements of 21 CFR 878.4635(b)(6)(i)(A).

(c) Both registrants and operators shall ensure that ultraviolet lamps and other tanning equipment are replaced only with a type intended for use in the sunlamp product, as specified by the manufacturer.

N.J. Admin. Code § 8:28-3.1

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