Guidelines For Tanning Salon Owners, Operators And Users

Appendix E - Radiation Emitting Devices Act (RED Act) - Radiation Emitting Devices Regulations (Tanning Equipment)

A summary of the federal Radiation Emitting Devices Act and Radiation Emitting Devices Regulations for tanning equipment is presented here for general information only. It is not the legal text; for complete detailed information, please contact the Consumer and Clinical Radiation Protection Bureau (CCRPB) at Health Canada.

Regulations

(Requirements for the Radiation Emitting Devices Act , subsection 13( 1).)

1. (1) The Governor in Council may make regulations
   1. prescribing classes of radiation emitting devices for the purposes of this Act ;
   2. prescribing standards regulating the design, construction and functioning of any prescribed class of radiation emitting devices for the purpose of protecting persons against genetic or personal injury, impairment of health or death from radiation;
   3. exempting any radiation emitting device or class of radiation emitting device from the application of all or any of the provisions of this Act or the regulations and prescribing the conditions of that exemption;
   4. respecting the labeling, packaging and advertising of radiation emitting devices, and the use of any material in the construction of any radiation emitting device, for the purpose of protecting persons against genetic or personal injury, impairment of health or death from radiation;
   5. prescribing the information that must be shown on any label or package and the manner in which that information must be shown;
   6. requiring persons who manufacture, sell, lease, import into Canada or otherwise deal with any radiation emitting device to maintain such books and records as the Governor in Council considers necessary for the proper enforcement and administration of this Act and the regulations;
   7. prescribing the content of and the method of sending a notification in case defect or non-compliance;
   8. respecting the powers and duties of inspectors and analysts and the seizure, taking away, detention, forfeiture and disposition of radiation emitting devices; and
   9. generally, for carrying out the purposes and provisions of this Act.

Sale, Lease and Importation Prohibitions

(Requirements of the Radiation Emitting Devices Act , section 4.)

1. Except as authorized by regulations made by the Governor in Council, no person shall sell, lease or import into Canada a radiation emitting device if the device.
   1. does not comply with the standards, if any, prescribed by the Governor in Council and applicable thereto; or
   2. creates a risk to any person of genetic or personal injury, impairment of health or death from radiation by reason of the fact that it
      1. does not perform according to the performance characteristics claimed for it,
      2. does not accomplish its claimed purpose, or
      3. emits radiation that is not necessary in order for it to accomplish its claimed purpose.

Deception

(Required by the Radiation Emitting Devices Act , section 5.)

1. (1) No person shall label, package or advertise a radiation emitting device in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its design, construction, performance, intended use, character, value, composition, merit or safety.

Notification

(Required by the Radiation Emitting Devices Act , section 6.)

1. (1) Where a person who is the manufacturer or importer of a radiation emitting device becomes aware, after the device has left the person’s premises, of the fact that the device
   1. does not comply with the standards, if any, prescribed by the Governor in Council and applicable thereto, or
   2. creates a risk to any person of genetic or personal injury, impairment of health or death from radiation by reason of the fact that it
      1. does not perform according to the performance characteristics claimed for it,
      2. does not accomplish its claimed purpose, or
      3. emits radiation that is not necessary in order for it to accomplish its claimed purpose, the person shall forth with notify the Minister.
   (2) Where the Minister determines,
   1. after being notified or
   2. through the Minister’s own investigation, research, inspection or testing, that a radiation emitting device falls under paragraph 6.( 1)( a) or (b), the manufacturer or importer of the device shall, if directed by the Minister, notify such persons as the Minister requires of the defect or non- compliance, by such method, giving such details and within such time period as are specified by the Minister.

Definition of Tanning Equipment

(Provided in Schedule I of the Radiation Emitting Devices Regulations)

1. Item 11 of Schedule I to the Radiation Emitting Devices Regulations is for Tanning equipment as defined in section 1 of Part XI of Schedule II.
2. Part XI of Schedule II defines requirements for tanningequipment.

Tanning Equipment Requirements

(Provided in Part XI of the Radiation Emitting Devices Regulations)

Interpretation

1. The following definitions apply in Part XI. “double- contact medium screw lampholder” means a lampholder described in American National Standard for Lampholders for Electric Lamps , ANSI C81.62- 1991, Standard Sheet 2- 158- 1, entitled Double-Contact Medium Screw Lampholder, published by the American National Standards Institute and approved on July 15, 1991. (douille à contact double pour vis moyenne) “erythema reference action spectrum” means the erythema action spectrum set out in section 5.2 of CIE Standard CIE S 007/ E- 1998 entitled Erythema Reference Action Spectrum and Standard Erythema Dose, published in 1998 by the Commission internationale de l’éclairage. (spectre d’action érythémale de référence) “exposure position” means any place, orientation or distance relative to the ultraviolet-radiating surface of tanning equipment at which it is recommended by the manufacturer that the user be exposed. (position pendant l’exposition) “exposure schedule” means a program of exposure recommended by the manufacturer of tanning equipment that takes into account exposure times, intervals between exposures and the degree of sensitivity for each skin type. (programme d’expositions) “irradiance” means radiant power incident per unit area, expressed in watts per square metre (W/ m²). (éclairement énergétique) “maximum exposure time” means the longest period for continuous exposure recommended by the manufacturer of tanning equipment. (durée maximale d’exposition) “protective eyewear” means a device that is worn by the user of tanning equipment to reduce ultraviolet radiation reaching their eyes either directly or indirectly. (dispositif de protection des yeux) “single-contact medium screw lampholder” means a lampholder described in American National Standard for Lampholders for Electric Lamps, ANSI C81.62- 1991, Standard Sheet 2- 157- 1, entitled Single-Contact Medium Screw Lampholder, published by the American National Standards Institute and approved on July 15, 1991. (douille à contact unique pour vis moyenne) “spectral irradiance” means the irradiance that results from radiation within an infinitesimally small wavelength range, expressed in watts per square metre per nanometre (W/ m² /nm). (éclairement énergétique spectral) “spectral transmittance” means the ratio of the spectral irradiance that is transmitted through protective eyewear to the spectral irradiance that is incident and normal to the surface of the eyewear. (transmittance spectrale) “tanning equipment” means a device that
   1. can be equipped with one or more ultraviolet lamps; and
   2. induces skin tanning or other cosmetic effects. It does not include any such device that is used in the production of therapeutic effects for medical purposes. (appareils de bronzage) “timer” means a device that is capable of ending the emission of ultraviolet radiation from tanning equipment after a preset period. (minuterie)

“ultraviolet lamp” means a device that produces ultraviolet radiation in the wavelength range from 200 nm to 400 nm and is used in tanning equipment. (lampe à rayonnements ultraviolets) “wavelength” means a wavelength as measured in air. (longueur d’onde)

Information and Labelling

General

1. The information and labels required by this Part must be provided in both official languages.

Information

1. The following information must accompany each piece oftanning equipment:
   1. instructions for its operation and safe use that include
      1. detailed directions for determining the exposure positions,
      2. the maximum exposure time,
      3. the minimum interval between consecutive exposures recommended by the manufacturer,
      4. the maximum number of persons who may, at the same time, be exposed to ultraviolet radiation from the tanning equipment, as recommended by the manufacturer, and
      5. the ultraviolet radiation warning labels described in section 5;
   2. instructions for obtaining repairs and the recommended replacement components and accessories that comply with the requirements of these regulations; and
   3. a warning to always follow the instructions that accompany the equipment so as to avoid injury.

Labelling

1. Every piece of tanning equipment must have permanently af - fixed to its external surface the following information, clearly legible and readily accessible to view by the user immediately before use:
   1. the manufacturer’s name and address;
   2. the model designation, serial number and month and year of manufacture;
   3. detailed directions for determining the exposure positions and awarning that the use of any other position may result in overexposure;
   4. the recommended exposure time, as calculated in seconds using the formula X/ (∑V _λR_λ) and converted into and expressed in minutes, where X is a dose not greater than 100 Joules/m² for the first exposure session for untanned skin, gradually increasing over the following sessions to a maximum of 625 Joules/m² per session, λ is the wavelength in nanometers, R_λ is the irradiance of the tanning equipment, measured at the minimum exposure distance, and V_λ is the weighting factor determined in accordance with the erythema reference action spectrum;
   5. the minimum interval between consecutive exposures;
   6. the maximum number of minutes of exposure per year, as recommended by the manufacturer based on a maximum annual dose of 15kJ/m² weighted in accordance with the erythema reference action spectrum and taking into account the recommended exposure schedule;
   7. the model designation for each type of ultraviolet lamp that is tobe used in the tanning equipment; and
   8. the ultraviolet radiation warning labels designed in accordance with section 5.
2. The ultraviolet radiation warning must
   1. be reproduced from the electronic file provided by the Minister;
   2. include in the French version of the label illustrated in Figure 1 of paragraph (e), enclosed within a black border,
      1. in the upper portion, on a white background, the signal word « Danger » in red with the hazard symbol to its right,
      2. in the middle portion, the primary hazard statement « Rayonnements ultraviolets » in yellow on a black background, and
      3. in the lower portion, the following message in black on a white background: « La surexposition provoque des brûlures aux yeux et à la peau. Porter le dispositif de protection des yeux. Suivre les instructions. Médicaments et cosmétiques peuvent augmenter les effets des UV. L’exposition aux UV peut avoir des effets nocifs sur la santé et contribuer, à long terme, au vieillissement prématuré et au cancer de la peau. Ces effets sont cumulatifs. Plus l’exposition régulière commence tôt, plus les risques qui y sont associés sont élevés. »;
   3. include in the English version of the label illustrated in figure 2 of paragraph (e), enclosed within a black border,
      1. in the upper portion, on a white background, the signal word “Danger” in red with the hazard symbol to its right,
      2. in the middle portion, the primary hazard statement “Ultraviolet Radiation” in yellow on a black background, and
      3. in the lower portion, the following message in black on a white background: “Overexposure causes skin and eye burns. Use protective eyewear. Follow instructions. Drugs and cosmetics may increase UV effects. UV exposure can be hazardous to your health and in the long term can contribute to premature skin ageing and skin cancer. UV effects are cumulative. Greater risks are associated with early and repeated exposure.”;
   4. measure
      1. 75 mm high and 200 mm wide, in the case of tanning equipment used for full- or half-body exposure, and
      2. 50 mm high and 100 mm wide, in any other case; and
   5. conform to the following diagrams:

Figure 1

Figure 2

1. (1) Subject to subsection (2), all advertising material in relation to tanning equipment must include, in a clearly legible manner, the signal word “Danger”, the primary hazard statements “Ultraviolet Radiation/Rayonnements ultraviolets” and the messages set out in subparagraphs 5 (b)( iii) and (c)( iii).
   (2) Advertising material that is only English or French must include, in a clearly legible manner,
   1. if it is only in French, the signal word “Danger”, the primary hazard statement “Rayonnements ultraviolets” and the message set out in subparagraph 5 (b)( iii); and
   2. if it is only in English, the signal word “Danger”, the primary hazard statement “Ultraviolet Radiation” and the message set out in subparagraph 5 (c)( iii).
2. Every ultraviolet lamp must have a tag, tape or card affixed to it that sets out:
   1. its model designation; and
   2. the warning “DANGER – Ultraviolet radiation. Follow instruc - tions. Use only in fixtures equipped with a timer. / DANGER – Rayonnements ultraviolets. Suivre les instructions. À n’utiliser qu’avec un dispositif pourvu d’une minuterie.”

Construction Standards

General

1. All controls, meters, lights or other indicators of a piece of tanning equipment must be readily identifiable and clearly labelled to indicate their function.

Safety Features

1. Every piece of tanning equipment must have the following safety features:
   1. a control by which the person being exposed may easily turn off the tanning equipment at any time without disconnecting the electrical plug or removing the ultraviolet lamps; and
   2. a timer that meets the functioning standards set out in section 16.
2. (1) Every piece of tanning equipment must have a physical barrier between the ultraviolet lamps and the user that prevents any direct physical contact between the user and the lamps.
   (2) In the case of tanning beds, the physical barrier must be constructed of plexiglass or an equivalent material.

Components and Accessories

1. Every ultraviolet lamp that is used in tanning equipment must be constructed so that it cannot be inserted and operated in a single-contact medium screw lampholder or a double-contact medium screw lampholder.
2. Every piece of tanning equipment must be accompanied by a number of sets of protective eyewear at least equal to the maximum number of persons who may, at the same time, be exposed to ultraviolet radiation from the tanning equipment, as recommended by the manufacturer of the equipment.

Functioning Standards

1. Every piece of tanning equipment, whether it has its original components or replacement components recommended by the manufacturer, must, under the conditions of use specified by the manufacturer, meet the functioning standards set out in this Part.
2. Every ultraviolet lamp that is used in tanning equipment must function so that, at any distance and in any direction from the radiation source, the irradiance within the wavelength range from 200 nm to less than 260 nm does not exceed 0.003 of the irradiance within the wavelength range from 260 nm to 320 nm.
3. Every replacement ultraviolet lamp must function so that the maximum exposure time remains within 10% of the maximum exposure time originally recommended by the manufacturer.
4. The timer must
   1. be adjustable to preset times and have a maximum timer settingnot greater than the maximum exposure time recommended by the manufacturer;
   2. have a margin of error not greater than 10% of the maximum timer setting; and
   3. not automatically reset when the tanning equipment emissions have been ended by the timer.
5. Protective eyewear must have a spectral transmittance that is
   1. not more than 0.001 over the wavelength range from 200 nm to320 nm;
   2. not more than 0.01 over the wavelength range from 320 nm to 400 nm; and
   3. sufficient over wavelengths greater than 400 nm to enable theuser to read the labels and use the control specified in paragraph 9 (a).