§ 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.
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.