Pennsylvania tanning laws for salon owners

Pennsylvania at a glance

Minimum age for UV tanning

Act 41 of 2014, Section 8(a): no one 16 years of age or younger may use a tanning facility. A 17-year-old may use one only with the written authorization of a parent or legal guardian (Section 8(b)). Source 1

Parental consent

Section 8(b): a 17-year-old needs the written authorization of a parent or legal guardian stating that the parent consents to the minor's use of a tanning facility. The Act does not say whether the parent must sign in person or how long the authorization lasts. Parental consent does not open tanning to anyone 16 or younger. Source 1

Spray tan age rule

Section 2 leaves spray-on, mist-on and sunless devices out of "tanning equipment or device", so a spray-only business is not a tanning facility under the Act. Section 8(a) bars anyone 16 or younger from using a "tanning facility", and the Act does not say whether a spray-only visit at a salon that also has UV beds is covered. It sets no separate spray-tan age. Source 1

License or registration

Section 3: a certificate of registration from the Department of Health for each tanning facility before it operates. It lasts no more than 12 months, is renewed each year, must be posted where customers can see it, and cannot be transferred to another owner or location. The annual fee is $150 for a facility with two beds or fewer, or $300 for more than two plus $20 for each bed over ten; the department may raise fees by regulation (Section 3(d)). Source 1

Inspections

Section 4: the Department of Health may enter a tanning facility at reasonable times and review its records. A registered facility is subject to announced or unannounced inspections as part of a random sample, at the request of an operator or legal entity, or in response to a complaint. The Act sets no fixed inspection interval. Source 1

Operator training

Section 9: an operator must be present during all operating hours while tanning equipment is in operation, and no customer may use it without one. The operator must know the ten listed subjects, including 21 CFR 1040.20, the FDA's recommended exposure schedule, injury recognition, protective eyewear and the six skin types. The facility keeps a signed affidavit or attestation of compliance on file (Section 9(c)). Source 1

Time between sessions

Section 7(d): operators limit each customer's session duration and frequency to the maximums the manufacturer recommends. The Act names no fixed gap. The Department of Health's FAQ says that, per manufacturer instructions, a client is recommended to tan once within a 24-hour period. Source 1

Warning statement

Section 5(b): each customer signs a written warning statement before the first exposure. It must include seven listed warnings covering eye protection, burns, skin aging and skin cancer, reactions to certain foods, cosmetics and medications, and who should avoid tanning devices. The Act sets no re-sign interval, and the statement does not change the facility's liability (Section 5(c)). Source 1

Client records

Section 7(b) and (c): keep a record of each customer's total number of tanning visits and the date, time and duration of each. Keep all required records at the facility for at least three years. Computer records must be backed up at least monthly on storage media other than the hard drive and be retrievable as a printed copy. Source 1

Injury reporting

Act 41 sets no reporting deadline; its required warning sign tells customers to contact the Department of Health about an injury (Section 5(a)(7)). The department's Consumer Injury Report form says a copy "shall be sent to the agency within 5 WORKING DAYS after the occurrence." Source 5

Protective eyewear

Section 6(d): operators give every customer protective eyewear that is free of charge, meets 21 CFR 1040.20 and is sanitized before each use, and UV light does not count as sanitizing. Customers may use their own eyewear. No one else may stay in the area while a device is in use unless they have access to protective eyewear. Source 1

Replacement lamps

Section 6(a): only tanning devices manufactured and certified under 21 CFR 1040.20 may be used, and Section 6(b)(3) requires every device to be maintained in good repair. The Act has no separate section on replacement lamps or lamp equivalency. Source 1

Timer checks

Act 41 sets no timer test. The Department of Health's FAQ says to test each timer and emergency shut-off switch at least once a year, keep timers accurate within plus or minus 10 percent, and keep a log at the facility. Its Timer Test Log says to take a device out of service until it is repaired if either test fails. Source 4