Mississippi tanning laws for salon owners

Mississippi at a glance

Minimum age for UV tanning

None. Miss. Code § 41-115-1 lets a child of any age tan with a parent's or legal guardian's written consent, and a child under 14 only while the parent or guardian stays at the facility for the whole session (§ 41-115-1(2) and (3)). Source 1

Parental consent

Required under 18, signed in front of the operator. Under 14: written consent, and the parent or guardian must be physically present the entire time the child tans (§ 41-115-1(2)). Ages 14 to 17: written consent that is valid for one year from the date of signature (§ 41-115-1(3)). Either form states the signer's relationship to the child and the child's age; the 14-to-17 form also sets the maximum number of sessions in that year. The parent can revoke consent at any time, and a new form is needed after revocation or expiry. The Department of Health rule repeats the written consent, the signing in front of the operator, revocation and the under-14 presence rule, and adds that the parent or guardian must be given the basic information the rule requires (15 Miss. Admin. Code Pt. 14, Subpt. 70, R. 6.1.13(3)(f) and (g)). Source 1

Spray tan age rule

None. § 41-115-1(1)(a) defines a tanning device as equipment that emits radiation used to tan the skin, and the Department of Health rule defines radiation as ultraviolet (R. 6.1.2(20) and (24)), so spray equipment that emits none is outside the consent rules. Source 1

License or permit

Registration with the Mississippi State Department of Health before a facility opens (R. 6.1.4 and 6.1.5). The application lists the owner, every lamp and unit, the supplier and service agent, the facility's operating and safety procedures and an operator training certificate. The fee is $40 per bed or booth (R. 6.1.5(3)). The certificate is displayed where customers can see it, cannot be transferred to another person or facility (R. 6.1.9), expires on the date printed on it (R. 6.1.6), and is renewed by a new application (R. 6.1.7). Source 3

Inspections

The Department may inspect, and refusing its agents entry at reasonable hours, or not paying registration or inspection fees within 30 days of the invoice, is grounds to deny, suspend or revoke a registration (R. 6.1.11(7) and (8)). The rules set no inspection schedule. Source 3

Operator training

Only operators who have passed a formal operator training course pre-approved by the Department may run the equipment, and a trained operator must be present whenever it is in use (R. 6.1.13(3)(a) and (b)). Proof of training is kept at the facility, the course covers nine listed subjects, and a list of trained operators is kept on site (R. 6.1.13(3)(i) and (j)). Source 3

Time between sessions

Not set. Neither § 41-115-1 nor Chapter 6 of the Department's rules sets a minimum gap between sessions. For ages 14 to 17, the parent's consent form caps the number of sessions in its one-year period (§ 41-115-1(3)). Source 1

Consent statement

Before a client's initial exposure, the operator gives the client the chance to read the required ultraviolet warning and asks the client to sign a statement that it was read and understood. For an illiterate or visually impaired client, the operator reads it aloud in front of a witness and both sign (R. 6.1.13(3)(c)). The rule sets no renewal; minors also need the parent's consent form under § 41-115-1. Source 3

Client records

Keep parents' consent forms, and written, electronic or digital records of the dates and length of every session by a client under 18, for at least 2 years, and show them to law enforcement on request (§ 41-115-1(4)). The Department's rule also requires a record of each client's total number of visits and total accumulated exposure time, with no retention period stated (R. 6.1.13(3)(d)). Source 1

Injury reporting

Send the Department a written report of any tanning injury within 5 working days of the injury or of learning about it, with the person's name, the facility, what happened, any health care provider and anything else relevant (R. 6.1.13(3)(e)). Source 3

Protective eyewear

Give every client protective eyewear meeting 21 CFR 1040.20(c)(4), with instructions, and sanitize it before each use with an EPA-registered sanitizer mixed to the right strength; ultraviolet light from the bed does not count as a sanitizer. Clients must wear it as instructed (R. 6.1.13(2)). Source 3

Replacement lamps

Replace defective, burned-out or worn-out lamps and filters with the type named on the unit's label or with lamps that are equivalent under FDA rules (R. 6.1.13(3)(h)), and keep the manufacturer's literature showing any replacement lamp's equivalency (R. 6.1.8). Source 3

Timer checks

Each unit needs a timer meeting 21 CFR 1040.20(c)(2), set no higher than the manufacturer's maximum exposure time, with an error no greater than 10% of the maximum timer interval, and after an interruption it must not reset itself and run for longer than the unused part of the cycle (R. 6.1.13(1)(j) and (k)). The rules set no test interval. Source 3