Tanning laws · DE
Delaware tanning laws for salon owners
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Researched and written by the TanVision team
General information, not legal advice. Check your state’s current rules.
The short answer
Delaware bans anyone under 18 from using a tanning device at a tanning facility, with no parental-consent exception, and makes the owner responsible for checking age. Each facility posts a warning sign and gives every customer a written warning statement before each use. The state sets no license, inspection, records or equipment rules.
Delaware at a glance
- Minimum age for UV tanning
- 18. A tanning facility may not permit a minor, meaning anyone under 18, to use a tanning device (16 Del. C. §§ 3002D(3), 3003D(a); 16 DE Admin. Code 4454 § 3.0). The owner must ensure each customer is of legal age and is held responsible for any minor's use (16 Del. C. § 3005D). Source 1
- Parental consent
- Not an option. Before 2015, 16 Del. C. § 3003D(a) let 14- to 17-year-olds tan with a consent form signed by a parent or guardian, and under-14s only with a prescription as well. 79 Del. Laws c. 365, effective January 1, 2015, rewrote § 3003D(a) into a flat ban on minors and repealed subsections (b) to (d). A phototherapy device used or prescribed by a physician is not a tanning device (§ 3002D(7)). Source 4
- Spray tan age rule
- None. The ban in 16 Del. C. § 3003D(a) covers tanning devices, which § 3002D(7) defines as equipment emitting radiation between 200 and 400 nanometers used to tan skin, so spray equipment that emits no ultraviolet radiation is outside it. Source 1
- License or permit
- None for tanning. Neither 16 Del. C. ch. 30D nor 16 DE Admin. Code 4454 creates a tanning license, permit or registration, and the Delaware Code search for "tanning" returns no licensing section. Source 6
- Inspections
- No inspection schedule. Neither 16 Del. C. ch. 30D nor 16 DE Admin. Code 4454 sets routine inspections. Regulation 4454 lets the Department of Health and Social Services assess administrative penalties of $250, $500 and $1,000 for first, second and later violations, with a right to a hearing (4454 §§ 6.1, 6.2). Source 2
- Operator training
- None required. 16 Del. C. ch. 30D and 16 DE Admin. Code 4454 set no training, certification or staffing rule for people who run tanning devices. Source 1
- Time between sessions
- No set gap. 16 Del. C. ch. 30D and 16 DE Admin. Code 4454 set no limit on how often a customer tans; the required sign tells customers to follow the manufacturer's instructions and avoid overexposure (§ 3006D(a)(2), (3)). Source 1
- Consent statement
- A written warning statement must be provided to each customer before each use of the tanning equipment, with the five statements listed in 16 Del. C. § 3006D(b) (repeated in 16 DE Admin. Code 4454 § 5.1). The law requires the statement to be provided, not signed. Each facility also posts at least one warning sign, at least 11 by 17 inches, with the six statements in § 3006D(a). Source 1
- Client records
- No record-keeping duty. 16 Del. C. ch. 30D and 16 DE Admin. Code 4454 set no customer or equipment records and no retention period. Source 1
- Injury reporting
- No reporting duty. 16 Del. C. ch. 30D and 16 DE Admin. Code 4454 require no injury log or report to the state. Source 1
- Protective eyewear
- No duty to supply eyewear. The required sign and written statement must tell customers to wear protective eyewear and warn of eye injury (16 Del. C. § 3006D(a)(5), (b)(1)), and the statute counts protective eyewear as part of a tanning device (§ 3002D(7)). Source 1
- Replacement lamps
- No lamp rule. 16 Del. C. ch. 30D and 16 DE Admin. Code 4454 say nothing about replacement lamps, equivalency or resale; federal sunlamp rules still apply to the equipment. Source 1
- Timer checks
- No test interval. The statute counts timers as part of a tanning device (16 Del. C. § 3002D(7)) but neither it nor 16 DE Admin. Code 4454 requires timer testing. Source 1
What Delaware's tanning law covers
Delaware's tanning law is Chapter 30D of Title 16 of the Delaware Code (§§ 3001D to 3008D), first enacted in 2009 (77 Del. Laws c. 195) and rewritten by Senate Bill 94, signed July 28, 2014 (79 Del. Laws c. 365). The Department of Health and Social Services, through the Division of Public Health, carries it out in regulation 4454, Tanning Facilities Regulations (16 DE Admin. Code 4454). It applies to any tanning facility: any location, place, area, structure or business that gives customers access to a tanning device (§ 3002D(8)).
For this page we searched the Delaware Code with the General Assembly's own search and read every chapter page of the Code for "tanning". Only two chapters use the word: Chapter 30D, and 6 Del. C. § 1204C, which bars operators of websites and apps directed to children from marketing tanning devices or tanning facilities to children. The Administrative Code search found regulation 4454 and no other tanning rule. City and county rules are outside this page.
At the front desk
- Check the date of birth before every UV session. Nobody under 18 may use a tanning device, and a parent's permission does not change that (§ 3003D(a)). The owner carries the duty to confirm age (§ 3005D); the law names no type of ID, so decide which you accept and apply it every time.
- Hand each customer the written warning statement before each use, not just the first visit (§ 3006D(b)). It must contain the five quoted statements on eye protection, burns, skin cancer and premature aging, reactions to foods, cosmetics and medications, and consulting a physician. Since 2025 the statute and regulation 4454 word one example differently ("birth control pills" in § 3006D(b)(4), "the use of oral contraception" in 4454 § 5.1.4); ask the Division of Public Health which wording it expects.
- Post at least one warning sign where people entering can see it: at least 11 by 17 inches, lettering at least 1/4 inch, with "DANGER - ULTRAVIOLET RADIATION" in capitals at least 1/2 inch high and the other five statements in § 3006D(a).
- Spray booths that emit no UV are not tanning devices (§ 3002D(7)), so the age ban does not reach them.
Penalties
| Rule | First | Second | Third and later |
|---|---|---|---|
| 16 Del. C. § 3007D (owner guilty of a violation) | $250 | $500 | $1,000 |
| 16 DE Admin. Code 4454 § 6.1 (administrative penalty) | $250 | $500 | $1,000 |
A facility may ask for an administrative hearing within 30 days of the Department's notice of intent to assess a penalty (4454 § 6.2). Anyone who does not comply with an order of the Department faces a fine of $100 to $1,000 plus costs (4454 § 6.3).
What the law leaves to you
Delaware sets no license, inspection schedule, operator training, session gap, customer records, injury report, eyewear supply, lamp or timer rule. Federal requirements for the equipment are in our FDA tanning bed rules guide, and our recordkeeping guide covers what many salons keep anyway.
What changed recently
The statute has not changed since 79 Del. Laws c. 365 took effect on January 1, 2015. The General Assembly's legislation search found no bill mentioning tanning in the 152nd or 153rd General Assembly (2023 to 2026); the same search finds SB 94 in the 147th. Regulation 4454 was last amended effective September 11, 2025 (29 DE Reg. 219). The final order says the amendments included technical changes to bring the regulation into line with the Delaware Administrative Code Style Manual: a purpose section was added, the sections were renumbered, the definitions were written out, and one phrase in the required statement changed from "birth control pills" to "the use of oral contraception". The age ban, sign and penalty amounts did not change.
How TanVision helps
TanVision's minimum age is 18 by default, and a session cannot start without a date of birth on file. In Delaware, set Minors and UV rooms to No at Settings > Tanning rules: check-in then refuses UV rooms to anyone under 18, even with guardian consent on file, while a parent's consent still opens spray rooms. At Yes, the default, consent on file lets a younger client start a session in any room, UV included, with only a warning. With a USB 2D barcode scanner, Scan ID reads the date of birth from the barcode on a US or Canadian driver's license or ID card, warns when the card has expired or the client is under the minimum age, and records the day the ID was checked. It does not compare the photo with the person, so staff still do.
With consent forms, clients sign on their own phone or a tablet, and each signed record keeps the signature and the exact wording, which is a place to keep Delaware's five statements. A session cannot start without a signed statement on file, but TanVision asks for it once and has no re-sign interval, so the statement Delaware requires before each use still has to be handed over at the desk every visit. Exposure safety refuses any typed time above the room's own maximum, and each client record shows recent visits newest first. Compare other states on the tanning laws by state page.
Common questions
- What is the minimum age to tan in Delaware?
- 18. 16 Del. C. § 3003D(a) bars a tanning facility from letting anyone under 18 use a tanning device, and § 3005D makes the owner responsible for checking.
- Can a parent sign for a 16- or 17-year-old to tan in Delaware?
- No. Parental consent for 14- to 17-year-olds was repealed effective January 1, 2015. Since then the ban covers everyone under 18. A phototherapy device used or prescribed by a physician is not a tanning device under the law.
- Do I need a state license to open a tanning salon in Delaware?
- Not a tanning license. Chapter 30D and regulation 4454 create no license, permit or registration for tanning facilities. Ordinary business licensing and local rules still apply.
- How often must a Delaware tanning customer get the warning statement?
- Before each use. 16 Del. C. § 3006D(b) says each customer is provided with a written warning statement prior to each use of the tanning equipment. The law does not require a signature.
- What are the fines for letting a minor tan in Delaware?
- $250 for a first offense, $500 for a second and $1,000 for the third and each later one (16 Del. C. § 3007D). Regulation 4454 sets administrative penalties in the same amounts.
Sources
- Delaware Code, Title 16, Chapter 30D, Tanning Facilities (§§ 3001D to 3008D)
- 16 DE Admin. Code 4454, Tanning Facilities Regulation
- Final Order, 4454 Tanning Facilities Regulations, 29 DE Reg. 219 (September 1, 2025)
- 79 Del. Laws c. 365 (Senate Bill 94, approved July 28, 2014)
- Senate Bill 94, 147th General Assembly, bill detail
- Delaware Code full-text search for "tanning"
- Legislation search for "tanning", by General Assembly
- Delaware Code, Title 6, Chapter 12C, Online and Personal Privacy Protection (§ 1204C)