North Dakota Code 23-39-03 – Advertising – Notice – Warning sign – Tubes – Prohibited claims
1. A tanning facility may not state in any advertising that the tanning facility holds a license or permit issued by the department to operate a tanning facility.
Terms Used In North Dakota Code 23-39-03
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
2. A tanning facility shall give to each of the tanning facility’s customers written notice of the following:
a. Failure to wear the eye protection provided by the tanning facility may result in damage to the customer’s eyes and may cause cataracts; b. Overexposure to a tanning device causes burns; c. Repeated exposure to a tanning device may cause premature aging of the skin and may cause skin cancer; d. Abnormal skin sensitivity or burning of the skin while using a tanning device may be caused by:
(1) Certain foods; (2) Certain cosmetics; and
(3) Certain medications, including tranquilizers, diuretics, antibiotics, high blood pressure medicines, and birth control pills; and
e. An individual who takes a drug should consult a physician before using a tanning device.
3. A tanning facility shall display prominently a warning sign in each area where a tanning device is used. The warning sign must convey the following directions and information:
a. Follow instructions.
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.
c. Wear food and drug administration-approved protective eyewear.
d. Ultraviolet radiation from tanning devices will aggravate the effects of the sun, so do not sunbathe during the twenty-four hours immediately preceding or immediately following the use of a tanning device.
e. Medications and cosmetics may increase your sensitivity to ultraviolet radiation.
Consult a physician before using a tanning device if you are using medications, have a history of skin problems, or believe that you are especially sensitive to sunlight. Women who are pregnant or using birth control pills and who use a tanning device may develop discolored skin.
f. If your skin does not tan when exposed to the sun, it is unlikely that your skin will tan when exposed to this tanning device.
4. The tanning facility shall maintain a record of the date on which each fluorescent tube is replaced.
5. An owner or employee of a tanning facility may not claim, or distribute materials that claim, that using a tanning device is free of risk.