The Consumer, Environmental, and Occupational Health Service in the Public Health Services Branch of the New Jersey Department of Health (Department) is proposing to readopt with amendments, repeals, and new rules regulations governing Tanning Facilities at N.J.A.C. 8:28. The proposed rulemaking governs tanning facilities and protects the public from the health risks associated with exposure to ultraviolet (UV) radiation in tanning facilities. These rules implement the provisions of the Tanning Facilities Act, N.J.S.A. 26:2D-81 et seq.
The most significant change to the rule is the incorporation of N.J.S.A. 8:26-82.1. Pursuant to the statute, the Department is required to amend N.J.A.C. 8:28 to restrict UV sunlamp product use to users who are at least 17 years of age, thereby protecting more teenage users from exposure to ultraviolet light from sunlamp products. Exposure to UV light from sunlamp products has been linked to an increased risk of skin cancer, including melanoma, and children and teenagers are known to be particularly vulnerable. In addition, N.J.S.A. 8:26-82.1b (1) provides that a tanning facility operator shall permit a person who is at least 14 years of age to use spray tanning in a tanning facility. Accordingly, the Department is proposing to add a new subsection at N.J.A.C. 8:28-2.8(e) that would provide a tanning facility operator shall not permit persons under the age of 14 to use spray tanning in the tanning facility.
It is noteworthy that N.J.S.A. 26:2D-87 has been amended to provide that tanning facilities who fail to abide by the law concerning a minor’s use of the tanning facility are subject to fines of $1,000 for the first offense, $2,000 for the second offense and $2,000 and a 5-day suspension of operations for third and subsequent offenses. The Department is proposing to incorporate the increased fines into the rule at N.J.A.C. 8:28-4.2(b).
The Department is also proposing amendments at N.J.A.C. 8:28 in order to implement, and comply with, the labeling requirements for sunlamp products set forth at 21 CFR 878.4635(b)(6)(i)(A). This Federal regulation requires manufacturers to permanently affix a warning statement in a black box to the product warning of the health risks of tanning to minors. If the manufacturer did not do so and is out of business, the tanning facility operator would be required to comply with this labeling requirement. Since 21 CFR 878.4635(b)(6)(i)(A) is a Federal requirement, the Department proposes to incorporate it by reference, as amended and supplemented, at N.J.A.C. 8:28-3.1(b)13.
A notice of proposal appears in the March 7, 2016 issue of the New Jersey Register. Interested individuals may gain free on-line access to the New Jersey Administrative Code and the New Jersey Register at http://lexisnexis.com/njoal, courtesy of LexisNexis®.
The Department will accept written comments on the proposal during a period of public comment, which begins on March 7, 2016 and ends on May 6, 2016. For electronic submission, please go to http://www.nj.gov/health/legal/ecomments.shtml and follow instructions for filing an official comment no later than May 6, 2016. Address regular U.S.P.S. mail to: Joy L. Lindo, Director, Office of Legal and Regulatory Compliance, New Jersey Department of Health, PO Box 360, Trenton, NJ 08625-0360: Address correspondence sent by Courier or Hand Delivery Service to: Joy L. Lindo, Director, Office of Legal and Regulatory Compliance, New Jersey Department of Health, 369 South Warren Street, Trenton, NJ 08608. All hard copy correspondence must be marked as having been received by the carrier of record on or before February 19, 2016. The Department does not accept facsimiles as official comments on the notice of proposal.
