2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
392-G - Sale of ultraviolet radiation devices.

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