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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-7-47 SO AS TO PROHIBIT MINORS FROM USING SOURCES OF NONIONIZED RADIATION WHICH ARE USED IN COMMERCIAL ESTABLISHMENTS FOR THE TANNING OF HUMAN SKIN, TO REQUIRE IDENTIFICATION OF AGE FOR CUSTOMERS WHO UTILIZE TANNING DEVICES, TO REQUIRE POSTING AND WRITTEN STATEMENTS OF WARNING INFORMATION REGARDING THE HEALTH RISKS AND EFFECTS OF TANNING, AND TO ESTABLISH A CIVIL PENALTY FOR REGISTRANTS WHO FAIL TO ADHERE TO THESE PROVISIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 7, Title 13 of the 1976 Code is amended by adding:
"Section 13-7-47. (A) A tanning facility may not allow an individual less than eighteen years of age to use nonionizing radiation equipment for tanning.
(B) The tanning facility shall require each person using nonionizing radiation equipment for tanning to provide a driver's license or other photographic identification issued by a governmental entity or educational institution indicating that the person is at least eighteen years of age.
(C) Each tanning facility shall post in a conspicuous place in the facility a notice developed by the Department of Health and Environmental Control and shall require each tanning facility customer to sign a written statement before initial use, and annually, with the following information:
(1) that it is unlawful for a tanning facility to allow a person under the age of eighteen to use any nonionizing radiation equipment for tanning;
(2) that a tanning facility that violates the provisions of this section is subject to a civil penalty by the department;
(3) that an individual may report a violation of the provisions of this section to the department; and
(4) the health risks associated with nonionizing radiation equipment for tanning including, but not limited to, skin cancer, premature aging of skin, burns to the skin, and adverse reactions to certain medications, foods, and cosmetics.
(D) Any person or facility who violates any provisions of this section is subject to a monetary penalty, or denial, suspension, or revocation of a registration to operate a tanning facility, or both, by the department. The department may retain all monetary penalties collected pursuant to this section to be used for the administration of the program."
SECTION 2. This act takes effect upon approval by the Governor.
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