Tanning bed operators

Effective May 1, 2014 it is illegal to sell, offer for sale, or provide tanning services to anyone under 18 years of age in Ontario. Public Health Inspectors will respond to complaints regarding tanning premises to ensure compliance with the Skin Cancer Prevention Act (Tanning Beds) 2013 (Legislative Assembly of Ontario).

Responsibilities

Operators must be aware of their responsibilities under the Skin Cancer Prevention Act (Tanning Beds) 2013:

• Ask for identification from anyone who appears to be under the age of 25 years and ensure that no one under the age of 18 is offered or sold tanning services.
• Provide written notice of the business name, address and telephone number to the Sudbury & District Health Unit. Section 7 of the Skin Cancer Prevention Act (Tanning Beds) 2013 requires any person who sells or provides tanning services or ultraviolet light treatments for tanning to provide notice of their business to the medical officer of health.
• Cease all advertising and marketing targeted to youth under 18 years old.

Advertising

The Skin Cancer Prevention Act (Tanning Beds) 2013 prohibits:

• The marketing or advertising of tanning services or ultraviolet light treatments for tanning to youth under 18 years of age.
• Directing advertising or marketing so that it is false, or misleading, or likely to create an erroneous impression about the health effects or health risks of artificial tanning to youth under 18 years of age.

Examples of advertising or marketing directed at youth include, but are not limited to:

• Placing advertisements in media or publications, electronic or otherwise, targeted at persons under 18 years of age.
• Depicting any images targeted at persons under 18 years of age in advertisements, marketing or signage e.g. images that portray youth under 18 years of age.
• Marketing in or at locations primarily intended for use by persons who are less than 18 years of age (e.g. elementary and high schools, youth events, or youth venues).

Signage

Operators must post the required health warning and identification signs.

Under the Skin Cancer Prevention Act (Tanning Beds), 2013, tanning premises operators must ensure the following signs are prominently posted:

1. Point of sale warning sign
   Post within one metre of each cash register (28cm x 35.5cm).
2. Health warning sign
   Post within one metre of each piece of tanning equipment (21.5cm x 28cm).
3. Age restriction and identification entrance sign
   Post above (or close to) door handle on every entrance of establishment (18cm x 9cm).
4. Employee reminder point of sale sign
   Post where visible to staff at point of sale (18cm x 9cm).

Protective eye wear

Operators must require the use of protective eyewear and provide instructions on proper use. Protective eyewear is a device worn by the user of tanning equipment to reduce the ultraviolet radiation reaching his or her eyes directly or indirectly.

Tanning equipment operators must:

• provide protective eyewear to every person using tanning equipment
• explain to all tanning equipment users why they are being provided with protective eyewear
• clean and disinfect previously-used protective eyewear between every use with an appropriate disinfectant as per the manufacturer’s instructions
• instruct all individuals in the use of protective eyewear
• ensure the protective eyewear securely covers the user’s eyes
• ensure an individual using their own protective eyewear is aware of the instructions for use

Each piece of tanning equipment must be accompanied by enough protective eyewear to equip the maximum number of persons who may, at the same time, be exposed to ultraviolet radiation from the tanning equipment. Overexposure causes skin and eye burns!

Radiation emitting devices regulations

In accordance with the Radiation Emitting Devices Regulations (Government of Canada), protective eye wear must have a spectral transmittance that is:

(a) not more than 0.001 over the wavelength range from 200 nm to 320 nm;
(b) not more than 0.01 over the wavelength range from 320 nm to 400 nm; and
(c) sufficient over wavelengths greater than 400 nm to enable the user to read the labels and use the control specified in paragraph 9(a).

Always follow the manufacturer’s recommendations for tanning equipment, including protective eyewear.
Ask for identification

Ask for identification

It is illegal to sell, offer for sale or provide tanning services to anyone under 18 years of age in Ontario. The Skin Cancer Prevention Act (Tanning Beds) 2013 requires tanning service operators to ask for identification from anyone who appears to be less than 25 years old when selling, offering to sell or providing tanning services or ultraviolet light treatments for tanning.

During a tanning service transaction, employees must:

• ask for identification from anyone who appears under 25 (before selling or offering any tanning service or ultraviolet light treatment for tanning)
• calculate the age of the customer from the date of birth listed on the identification
• never accept photocopied, altered, invalid or expired identification

Acceptable forms of identification

Operators may accept any item of identification that includes a photograph, a date of birth, and that reasonably appears to have been issued by a government.

Tips for checking identification

Tips and things to remember when checking identification:

• Never just “glance” at identification. Take the time to really look at it to compare the photo and security features.
• Prevent errors while checking identification by reviewing the following information with all employees:

1. Hold the identification card in your hand.
2. Ensure the owner of the identification is the person in front of you.
3. Never accept expired identification as proof of age. Expired identification is never valid.
4. Calculate the date of birth.
   Do not assume that a customer that hands you their identification is over 18 years of age. Have a cheat sheet showing the date of birth that would make an individual 18 years of age or greater.
5. Ask for another piece of identification.
   Generally, people with counterfeit/borrowed identification do not have another piece of identification, whereas most people with legitimate identification will. While you have their identification, ask them their date of birth or address.

If you have any doubt about a person’s age or about their identification being altered, invalid, counterfeit or otherwise, you always have the right to refuse the sale. As a business that falls under the Skin Cancer Prevention Act (Tanning Beds) 2013, you have a legal obligation to ensure that you comply with legislation.

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This item was last modified on November 18, 2015