N.J. Admin. Code § 8:28-3.9

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

Section 8:28-3.9 - Protection of consumers-exposure limits

(a) Prior to an initial tanning session with any sunlamp product, the operator, in consultation with each consumer, shall develop an individualized skin phototype evaluation to be used in determining the consumer's exposure schedule for the sunlamp product that the consumer will use, in accordance with the manufacturer's product label and user instruction recommendations.

1. The facility's skin phototype classification system shall be able to determine the consumer's skin type at least as accurately as the standard established in the Fitzpatrick Classification Scale, developed by Thomas Fitzpatrick, MD, PhD, incorporated herein by reference, as amended and supplemented, and available by written request to the PHSSP mailing address or online through the PHSSP website.

(b) Prior to each tanning session, the operator shall instruct each consumer using a sunlamp product regarding the maximum exposure time for his or her skin phototype and the proper exposure distance, as recommended by the manufacturer of the sunlamp product.

(c) The operator shall ensure that each consumer does not exceed the maximum exposure time for his or her skin phototype, as recommended by the sunlamp product manufacturer and specified in the sunlamp product label and the user instructions.

1. For consumers with tanning packages, the registrant shall ensure that package maximums do not exceed the maximum amount of exposure recommended by the product manufacturer.

(d) The operator shall instruct each consumer as to the location and proper operation of the sunlamp product's emergency shut-off switch.

N.J. Admin. Code § 8:28-3.9