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Regulation Update 

New North Carolina Tanning Regulation "No Big Deal"

by Nikki Brand

North Carolina salons narrowly escaped a couple of provisions in a law that took effect Oct. 1 that would have severely stifled their businesses. A law signed into effect on Aug. 2 by Governor Mike Easley almost included language that would require salons to make tanners follow manufacturer-recommended exposure times.

The final language on the bill states that salons must inform clients of the hazards of UV radiation and collect an acknowledgement from clients that they received the warning. The bill also prohibits children 13 years old and younger from tanning without a prescription from a doctor, and prohibits salons from claiming that using tanning equipment is safe, which the Federal Trade Commission had already prohibited.

Following its introduction to the legislative system two years ago by Senator James Forrester, the Indoor Tanning Association and lobbyists followed the progress of the bill and gave their input on its language. “Our concern was the original language that stated indoor tanning salons must have tanners follow the manufacturer-recommended exposure times for tanning sessions,” explained John Overstreet, executive director of the ITA. “That could mean, for example, that a person with a base tan who just spent two weeks in the islands could only tan for three minutes during their first tanning session at a salon.

In conversations with the FDA, it is very clear the agency does not see the recommended exposure schedules being used as a hard and fast rule. The FDA sees the schedule as one of many factors the salon uses in determining proper session times.”

Chip Stroud, president of tanning supply distributor American Sun Systems in Greensboro, NC and a member of the ITA Board of Directors, met with two senators about the bill about one year ago to give his input on the bill. “North Carolina has been a regulated state for many years, and I think regulations are good for the industry and for the consumer, but when I hear about proposed regulations that are not supported by any scientific research I want to get involved,” Chip said. He, his wife Cathy Stroud, who is the vice president of American Sun Systems, John Overstreet and two lobbyists from Washington D.C. met with lobbyists from North Carolina to discuss language for the bill that would be more appropriate. “I don’t believe prohibiting salons from allowing children 13 and under to tan unless they have a prescription will affect salons’ business much,” Chip said.

Betty Johnson, owner of Electra Sun salons in Burlington and Graham, NC said she didn’t have many clients who were age 13 and younger, but the ones she notified questioned why tanning at age 14 is supposed to be safe, and at age 13, it isn’t. “It didn’t create a problem but it raised questions,” she said. Betty pointed out that before Oct. 1, North Carolina regulations required tanners to read a document about the dangers of UV radiation and sign and date the document, which salons keep on file – so she wasn’t sure why that regulation was included in the bill.

Bill Felty, owner of La Image Tanning salons in Clemmons and Winston-Salem, NC said the new law won’t affect him much, he will just have to train employees to know that children age 13 and younger are not allowed to tan, and he will post the information on a sign. “My concern is that once these government officials get their foot in the door, this could lead to other regulations,” he said.

John Overstreet said salon owners across the U.S. should be aware that there are many state legislators who do not understand this industry and who may attempt to place additional restrictions on the way these businesses are run. “Salon owners need to stay alert about proposed regulations,” he said. “When salon owners get involved, they are a very effective voice.” He said it is important that salon owners introduce themselves to government officials now, so that when regulatory issues arise, they aren’t meeting officials for the first time.

“Every state has a website where salon owners can do a search by their city or zip code and find out who their local senators and representatives are and how to contact them,” John explained. “They can simply call a local official and say, ‘I’d like to stop by your office and tell you about my business.’ Salon owners can also write a letter or send an email, which takes very little time. Government officials intimidate many people, but they are just regular people like you and me.”