Massachusetts tanning laws for salon owners

Massachusetts at a glance

Minimum age for UV tanning

18. M.G.L. c. 111, § 211 says no person under 18 may use a tanning device, and 105 CMR 123.003(A)(1) makes the operator ensure that no customer younger than 18 uses one. Source 1

Parental consent

Not an option. Section 211 has no consent exception. Acts of 2016, c. 31 (approved February 5, 2016) replaced the former § 211 with the current one-line ban. A board of health may deny, revoke or refuse to renew the license of a facility that lets a customer under 18 use a tanning device (105 CMR 123.011(A)(1)). Source 2

Spray tan age rule

None in state law. The under-18 ban covers a "tanning device", which c. 111, § 207 defines as equipment that emits electromagnetic radiation between 200 and 400 nanometers, so a spray booth that emits no such radiation is outside it. Neither c. 111, §§ 207-214 nor 105 CMR 123.000 sets a spray-tan age. Source 3

License or registration

A license from the local board of health before the facility gives anyone access to a tanning device (c. 111, § 208; 105 CMR 123.005(A)). It expires one year from issue, and each board sets its own fee. File the renewal at least 30 days before expiry (105 CMR 123.007(B)). A license cannot move to another person or facility (123.009). Source 4

Inspections

The board of health inspects each facility within 30 days of licensure, every six months after that, and on any written complaint (105 CMR 123.004(A); c. 111, § 208). The board, a local health agent or the Department of Public Health may enter at all reasonable times (123.004(B); § 213). Source 5

Operator training

105 CMR 123.003(A)(3)-(5): a trained operator must be present at all times during operating hours. Training covers 105 CMR 123.000 and 21 CFR 1040.20, skin type determination and the manufacturer's exposure schedule, photosensitizing agents, overexposure injuries, UV effects, the 200 to 400 nanometer spectrum, eyewear, emergency procedures and the maker's operating procedures. Keep a list of trained operators at the facility. Operators must be at least 18 (c. 111, § 210; 123.003(A)(2)). Source 6

Time between sessions

No fixed gap. Under 105 CMR 123.003(A)(6) the operator sets each session's length from a skin type determination and previous exposure so that exposure increases gradually, never above the manufacturer's recommended exposure schedule or maximum exposure time. Neither c. 111, §§ 207-214 nor 105 CMR 123.000 sets a minimum time between sessions. Source 6

Warning statement

Two texts apply. M.G.L. c. 111, § 209 says the customer signs an acknowledgment of the warning each time they use the facility or execute or renew a contract. 105 CMR 123.003(A)(8) says the warning statement is on a form provided by the Department, signed before tanning unless the client signed one in the preceding six months, then signed by the operator and, whenever possible, a witness. Source 6

Client records

105 CMR 123.003(D): keep at the facility for at least one year each customer's session record (for each visit, the date, skin type determination, tanning times and device used), the signed risk acknowledgments and the manufacturer's recommended exposure times, and show them to the board or the Department on request. Copies of license applications are also kept on site. Source 6

Injury reporting

Within five business days. A written report of any tanning injury or complaint of injury goes to the board of health that issued the license and to the Department, with a copy to the customer (105 CMR 123.003(E)). It names the person, the facility, the injury and the person's health care provider, if any. M.G.L. c. 111, § 212 sets the underlying duty. Source 6

Protective eyewear

The operator provides eyewear that meets FDA requirements and makes sure each customer wears it the whole time (105 CMR 123.003(C)); no one may use a tanning device without it (c. 111, § 210). Keep the eyewear maker's literature showing FDA compliance, and sanitize reusable eyewear before each use with an EPA-registered agent made for eyewear. UV from the bed does not count as sanitizing. Source 6

Replacement lamps

Replace defective or burned-out lamps or filters with the type named on the product label or an FDA "equivalent" (105 CMR 123.003(B)(3)(f)). An equivalent lamp swap needs no notice to the board, but keep the maker's literature showing equivalency at the facility (123.008). Only devices certified to FDA rules may be used (123.003(B)(3)(a)). Neither text addresses resale of used equipment. Source 6

Timer checks

Each device needs a timer that meets FDA rules, with a maximum setting no longer than the manufacturer's maximum exposure time and an error no greater than plus or minus 10 percent (105 CMR 123.003(B)(3)(b); c. 111, § 210). Section 210 also requires checking, for each customer, that the selected time has not been extended. Neither text sets a timer-testing interval. Source 6