DHS 161.05(1)(1) No tanning facility may state in any advertising, written or verbal, that the tanning facility holds a license or permit issued by the department to operate the tanning facility.
DHS 161.05(2)
(2) No tanning facility may state in any advertising, written or verbal, that tanning has any health benefit or the tanning device is free of hazards from ultraviolet radiation.
DHS 161.05(3)
(3) No person may state or imply that any activity under a permit has been approved by the department.
DHS 161.05 History
History: Cr.
Register, June, 1993, No. 450, eff. 7-1-93.
DHS 161.06(1)(1)
Notice. A tanning facility shall give written notice to each customer, before the customer uses a tanning device, of all of the following:
DHS 161.06(1)(a)
(a) Failure to wear protective eyewear provided by the tanning facility may result in damage to the customer's eyes and cause cataracts or other eye injury.
DHS 161.06(1)(c)
(c) Repeated exposure to a tanning device may cause premature aging of the skin and skin cancer.
DHS 161.06(1)(d)
(d) Abnormal skin sensitivity or burning of the skin while using a tanning device may be caused by any of the following:
DHS 161.06(1)(d)3.
3. Certain medications, including but not limited to tranquilizers, diuretics, antibiotics, high blood pressure medications and birth control pills. The notice shall include a statement that any person who is taking medication should consult with a physician before using a tanning device.
DHS 161.06(2)
(2) Lists of certain foods, chemicals and medications. Literature containing lists of known photosensitizing foods and medications shall be available at the facility for customer review.
DHS 161.06 History
History: Cr.
Register, June, 1993, No. 450, eff. 7-1-93.
DHS 161.07(1)(1)
Location and content. Tanning facilities shall prominently display a warning sign in each area where a tanning device is used. A sign shall be located within one meter of each device. The sign shall be readily legible, clearly visible and not obstructed by any barrier, equipment or other item present so that the customer can easily view the warning sign before turning on the tanning device. The sign shall convey the following directions and information:
DHS 161.07(1)(b)
(b) Avoid too frequent or too lengthy exposure. Like exposure to the sun, use of a tanning device can cause eye and skin injury and allergic reactions. Repeated exposure can cause chronic sun damage which is characterized by wrinkling, dryness, fragility and bruising of the skin and skin cancer.
DHS 161.07(1)(c)
(c) Wear protective eyewear. FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
DHS 161.07(1)(d)
(d) Ultraviolet radiation from tanning devices will aggravate the effects of the sun, so do not sunbathe during the 24 hours immediately preceding or immediately following the use of a tanning device.
DHS 161.07(1)(e)
(e) Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult a physician before using tanning devices if you are using medications or have a history of skin problems, or believe yourself especially sensitive to sunlight. Women who are pregnant or using birth control pills and who use a tanning device may develop discolored skin.
DHS 161.07(1)(f)
(f) If you do not tan in the sun, you are unlikely to tan from the use of this device.
DHS 161.07(2)
(2) Lettering. The lettering on each warning sign shall be at least one centimeter high for the word "WARNING". All capital letters shall be at least 4 millimeters high and all lower case letters shall be at least 3 millimeters high.
DHS 161.07 Note
Note: The department will provide one sign for each facility for duplication and placement as required.
DHS 161.07 History
History: Cr.
Register, June, 1993, No. 450, eff. 7-1-93.
DHS 161.08(1)(1) A tanning facility shall post a sign in each area where a tanning device is used which states the date at which tubes, bulbs or lamps in that tanning device were replaced. The tanning facility shall maintain a record of the dates on which the tubes, bulbs or lamps were replaced.
DHS 161.08(2)
(2) The tubes, bulbs or lamps shall be replaced at the frequency recommended by the manufacturer or when the tubes, bulbs or lamps become damaged or defective. A replacement lamp for a tanning unit shall be compatible with the original lamp as specified by the manufacturer of the unit or shall be substantially equivalent to the manufacturer's original lamp type. In this subsection, "substantially equivalent" means within 10% of the UV-B emission of the original lamp and meeting the performance requirements of the U.S. food and drug administration in
21 CFR 1040.20 (c) (1).
DHS 161.08(3)
(3) A facility may only use tubes, bulbs or lamps which meet the standards of the U.S. food and drug administration in
21 CFR 1040.20. This applies to original or replacement tubes, bulbs or lamps.
DHS 161.08(4)
(4) The facility shall maintain the device manufacturer's literature indicating the rating, output or intensity of the tube, lamp or bulb required for replacement.
DHS 161.08(5)
(5) No tube, bulb or lamp designated for medical use only may be used.
DHS 161.08 History
History: Cr.
Register, June, 1993, No. 450, eff. 7-1-93.
DHS 161.09
DHS 161.09
Liability. A tanning facility's compliance with
ss. DHS 161.06 and
161.07 does not relieve the owner or any employee of the tanning facility from liability for an injury sustained by a customer from use of a tanning device.
DHS 161.09 History
History: Cr.
Register, June, 1993, No. 450, eff. 7-1-93.
DHS 161.10
DHS 161.10
Duties of the owner. The owner of a tanning facility shall ensure that all of the following requirements are fulfilled:
DHS 161.10(1)
(1) No customer under 16 years of age may be permitted to use a tanning device.
DHS 161.10(2)
(2) During operating hours there shall be present at the tanning facility, in the tanning area, a trained operator who is able to inform customers about the tanning devices and assist customers in the proper use of the tanning devices. Training of the operator shall include:
DHS 161.10(2)(d)
(d) Manufacturer's procedures for operation and maintenance of the tanning equipment.
DHS 161.10(2)(e)
(e) Determination of the customer's skin type using the skin types outlined in Appendix A of this chapter, and appropriate spacing of sequential exposures and maximum exposure times as recommended by the device manufacturer.
DHS 161.10(2)(g)
(g) Procedures for sanitizing protective eyewear and tanning equipment.
DHS 161.10(3)
(3) Each tanning device shall be properly sanitized after each use with sanitizing agents approved by the manufacturer of the tanning device as safe and effective.
DHS 161.10(4)
(4) Each customer, before he or she begins using a tanning device, shall be provided with properly sanitized and securely fitting protective eyewear that protects the wearer's eyes from ultraviolet radiation and allows enough vision to maintain balance. The eyewear shall meet the requirement of
21 CFR 1040.20 (c) (4).
DHS 161.10(5)
(5) A customer shall not be permitted to use a device unless the customer uses protective eyewear.
DHS 161.10(6)
(6) For stand-up booths, there shall be physical barriers or other means such as handrails or floor markings to indicate the proper exposure distance between ultraviolet source and the customer's skin. Customers shall be shown how to use these aids. Access to a booth shall be of rigid construction. Doors shall open outwardly. Handrails and non-slip floor covering shall be provided.
DHS 161.10(7)
(7) A timing device shall be provided for each tanning device that is accurate to within 10% of the maximum exposure. If the timing device is token operated, no customer may be issued more tokens than is required for that session.
DHS 161.10(8)
(8) Each tanning device shall be equipped with a mechanism that allows the customer to turn the tanning device off when the customer is using the device.
DHS 161.10(9)
(9) A customer shall be limited to the maximum exposure time recommended by the manufacturer for the type of tubes, bulbs or lamps in the device.
DHS 161.10(10)
(10) A customer shall not be permitted to use a tanning device more than once every 24 hours.
DHS 161.10(11)
(11) The temperature shall not exceed 100º F in the room in which the tanning device is located.
DHS 161.10(12)
(12) A customer's statement of agreement required under s.
255.08 (10) (a), Stats., shall be retained for 3 years or until the customer signs a new statement.
DHS 161.10(13)
(13) Only tanning equipment manufactured in accordance with the specifications set forth in
21 CFR 1040.20 may be used in tanning facilities.
DHS 161.10(14)
(14) Protective acrylic sheets shall be in place when a tanning device is in use, except that the protective acrylic may be sleeves over the lamps in the upper portion of a device or over lamps in booth devices.
DHS 161.10 History
History: Cr.
Register, June, 1993, No. 450, eff. 7-1-93; correction in (12) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637.
DHS 161.11(1)(1) If a person requires medical attention due to use of a tanning device, the permit holder or operator of the facility shall report that injury to the department in writing and send a copy of the report to the injured person. The permit holder of the tanning facility shall retain a copy of the report for 3 years. The report shall include all of the following:
DHS 161.11(1)(a)
(a) The name of the affected individual and date of the actual or alleged injury.
DHS 161.11(1)(c)
(c) The nature of the injury and identification of the tanning device and duration of the exposure.
DHS 161.11(1)(d)
(d) Any other information considered relevant to the situation.
DHS 161.11(2)
(2) The department shall inspect a facility upon receipt of a notice of injury.
DHS 161.11 History
History: Cr.
Register, June, 1993, No. 450, eff. 7-1-93.
DHS 161.12
DHS 161.12
Denial, suspension or revocation of permit. DHS 161.12(1)(1)
Action. The department may deny issuance of a permit or suspend or revoke a permit issued under
s. DHS 161.04 if the applicant or permit holder does not comply with or violates s.
255.08, Stats., or any provision of this chapter or if the applicant or permit holder does any of the following:
DHS 161.12(1)(a)
(a) Submits false or misleading information in the application or in reports.
DHS 161.12(1)(b)
(b) Fails to construct, operate or maintain the tanning facility in accordance with the application.
DHS 161.12(1)(c)
(c) Operates the tanning facility in a way that causes or creates a nuisance or hazard to the public health or safety.
DHS 161.12(1)(e)
(e) Fails to allow the department or a duly authorized agent to inspect the facility at a reasonable hour and in a reasonable manner for the purpose of determining compliance with this chapter.
DHS 161.12(2)
(2) Notice. The department shall give written notice to the applicant or permit holder of its decision to not renew or to suspend or revoke a permit, with reasons for that decision and information that the applicant or permit holder may appeal the decision under
sub. (3).
DHS 161.12(3)
(3) Appeal of decision to deny, revoke or suspend a permit. DHS 161.12(3)(a)(a) Any person aggrieved by the department's decision to deny issuance of a permit or renewal of a permit or to suspend or revoke a permit may request a hearing on that decision under s.
227.42, Stats., which shall be limited to the issues stated as the basis for denial, suspension or revocation in the notice under
s. DHS 161.04 (4) or
sub. (2).
DHS 161.12(3)(b)
(b) The request for hearing shall be in writing, shall be filed with the department's office of administrative hearings, and shall be sent to that office so that it is received there within 30 days after the date of the notice under
s. DHS 161.04 (4) or
sub. (2). A request for a hearing is considered filed upon its receipt by the office of administrative hearings. Review is not available if the request is received more than 30 days after the date of the notice under
s. DHS 161.04 (4) or
sub. (2).
DHS 161.12 Note
Note: The mailing address of the Office of Administrative Hearings is P.O. Box 7875, Madison, Wisconsin 53707.
DHS 161.12 History
History: Cr.
Register, June, 1993, No. 450, eff. 7-1-93; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register, August, 1995, No. 476.
DHS 161.13
DHS 161.13
Penalties. Any person who violates s.
255.08, Stats., or any requirement of this chapter may be required to forfeit not less than $50 or more than $250.
DHS 161.13 History
History: Cr.
Register, June, 1993, No. 450, eff. 7-1-93; correction made under s. 13.93 (2m) (b) 7., Stats.,
Register, August, 1995, No. 476.
