As used in this chapter, the term: “CFR” means Code of Federal Regulations. (1.1) “Consumer” means any individual who is provided access to a tanning facility as defined in this chapter. “Individual” means any human being. “Operator” means any individual designated by the tanning facility owner or tanning equipment lessee to operate or to assist […]
In addition to any other rights or remedies otherwise provided to consumers by law, any consumer who is damaged by any violation of this chapter may bring an action in superior court to recover a penalty fee of no less than $1,000.00 and to recover any actual, consequential, or punitive damages the court deems appropriate. […]
Any tanning facility which finds that it is not possible to comply with Code Section 31-38-4 may apply to the Attorney General for a variance from the requirements of Code Section 31-38-4. Any such variance granted by the Attorney General shall be in writing and shall be drawn as narrowly as possible. History. Code 1981, […]
Nothing contained in this chapter shall be construed as imposing any duty, requirement, or enforcement authority upon the Attorney General except as described in Code Section 31-38-11, provided that nothing contained in this chapter shall be construed in any manner as limiting the Attorney General from exercising any of his or her duties, powers, or […]
Any person is exempt from the provisions of this chapter to the extent that such person: Uses equipment which emits ultraviolet radiation incidental to its normal operation; and Does not use the equipment described in paragraph (1) of this subsection to deliberately expose parts of the living human body to ultraviolet radiation for the purpose […]
Each tanning facility in this state shall be constructed, operated, and maintained in accordance with the requirements of Code Sections 31-38-4 through 31-38-8. History. Code 1981, § 31-38-3 , enacted by Ga. L. 1991, p. 1411, § 2.
The facility owner or operator shall conspicuously post the warning sign described in subsection (b) of this Code section within three feet of each tanning station and in such a manner that the sign is clearly visible, not obstructed by any barrier, equipment, or other object, and can be easily viewed by the consumer before […]
After January 1, 2011, no person shall establish, maintain, or operate a tanning facility without first having registered with the department. A person shall register under this Code section by submitting a form to the department. The form shall require only the name, address, and telephone number of the tanning facility and owner and the […]
The tanning facility owner or operator shall use only tanning equipment manufactured in accordance with the specifications set forth in 21 CFR 1040.20. The exact nature of compliance shall be based on the standards in effect at the time of manufacture as shown on the device identification label required by 21 CFR 1010.3. Each assembly […]
Tanning booths designed for stand-up use shall also comply with the following additional requirements: Booths shall have physical barriers or other means, such as handrails or floor markings, to indicate the proper exposure distance between ultraviolet lamps and the consumer’s skin; Booths shall be constructed with sufficient strength and rigidity to withstand the stress of […]
The tanning facility owner or operator shall provide protective goggles to each consumer for use during any use of tanning equipment. The protective goggles required in subsection (a) of this Code section shall meet the requirements of 21 CFR 1040.20(c)(5). Tanning facility operators shall ensure that consumers wear the protective goggles required by this Code […]
The tanning facility owner or operator shall compile a written report of actual or alleged injury from use of tanning equipment within five working days after occurrence or notice thereof. Such report shall be maintained for a period of not less than three years and shall be available for inspection and copying by any consumer. […]
Any person who leases tanning equipment or who owns a tanning facility as defined by this chapter who operates or permits to be operated that equipment or facility in noncompliance with the requirements of this chapter shall be guilty of a misdemeanor. History. Code 1981, § 31-38-9 , enacted by Ga. L. 1991, p. 1411, […]
