{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/59.1-310.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/59.1-310.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/59.1-310.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/59.1-310.5.html"}],"law_id":372950,"edition_id":2,"section_id":372950,"structure_id":53076,"section_number":"59.1-310.5","catch_line":"Operational requirements","history":"1990, c. 776; 2007, c. 575; 2020, c. 387.","full_text":"A\n\nA tanning facility shall have an operator present during operating hours. The operator shall be sufficiently knowledgeable in the correct operation of the tanning devices used at the facility and shall inform and assist each customer in the proper use of the tanning device.\n\nB\n\nThe owner or his designee shall identify the skin type of the customer based on the Fitzpatrick scale, document the skin type of the customer, and advise the customer of the customer’s maximum time of recommended exposure in the tanning device.\n\nC\n\nBefore each use of a tanning device, the operator shall provide the customer with properly sanitized protective eyewear that protects the eyes from ultraviolet radiation and allows adequate vision to maintain balance. The operator shall not allow a person to use a tanning device if that person has not been provided protective eyewear. The operator shall also instruct each customer how to use suitable physical aids, such as handrails and markings on the floor, to maintain proper exposure distance as recommended by the manufacturer of the tanning device.\n\nD\n\nAfter each use of a tanning device, the owner or his designee shall clean the device with a cleaner or sanitizer capable of killing bacteria from any previous use.\n\nE\n\nThe tanning facility shall use a timer with an accuracy of at least plus or minus ten percent of any selected time interval. The facility shall limit the exposure time of a customer on a tanning device to the maximum exposure time recommended by the manufacturer. The facility shall control the interior temperature of a tanning device so that it may not exceed 100 degrees Fahrenheit.\n\nF\n\nEither each time a customer uses a tanning facility or each time a person executes or renews a contract to use a tanning facility, the person shall sign a written statement acknowledging that the person has read and understood the required warnings before using the device and agrees to use the protective eyewear that the tanning facility provides.\n\nG\n\nNo individual under the age of 18 shall be allowed to use any tanning device, other than a spray tanning device that does not emit ultraviolet light, at a tanning facility. The owner shall be responsible for ensuring that each customer using the tanning facility is of legal age to do so.\n\nH\n\nA tanning facility shall not claim, or distribute promotional material that claims that the use of a tanning device is safe, is without risk, or will result in medical or health benefits.\n\nI\n\nThe provisions of subsection G shall not prohibit any person licensed by the Board of Medicine to practice medicine or osteopathic medicine from prescribing or using a phototherapy device for any patient, regardless of age. For the purposes of this section, “phototherapy device” means a device that emits ultraviolet radiation and is used in the diagnosis or treatment of disease or injury.\n\n","order_by":null,"text":{"0":{"id":1391061,"text":"A tanning facility shall have an operator present during operating hours. The operator shall be sufficiently knowledgeable in the correct operation of the tanning devices used at the facility and shall inform and assist each customer in the proper use of the tanning device.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1391062,"text":"The owner or his designee shall identify the skin type of the customer based on the Fitzpatrick scale, document the skin type of the customer, and advise the customer of the customer’s maximum time of recommended exposure in the tanning device.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1391063,"text":"Before each use of a tanning device, the operator shall provide the customer with properly sanitized protective eyewear that protects the eyes from ultraviolet radiation and allows adequate vision to maintain balance. The operator shall not allow a person to use a tanning device if that person has not been provided protective eyewear. The operator shall also instruct each customer how to use suitable physical aids, such as handrails and markings on the floor, to maintain proper exposure distance as recommended by the manufacturer of the tanning device.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1391064,"text":"After each use of a tanning device, the owner or his designee shall clean the device with a cleaner or sanitizer capable of killing bacteria from any previous use.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":1391065,"text":"The tanning facility shall use a timer with an accuracy of at least plus or minus ten percent of any selected time interval. The facility shall limit the exposure time of a customer on a tanning device to the maximum exposure time recommended by the manufacturer. The facility shall control the interior temperature of a tanning device so that it may not exceed 100 degrees Fahrenheit.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":1391066,"text":"Either each time a customer uses a tanning facility or each time a person executes or renews a contract to use a tanning facility, the person shall sign a written statement acknowledging that the person has read and understood the required warnings before using the device and agrees to use the protective eyewear that the tanning facility provides.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":1391067,"text":"No individual under the age of 18 shall be allowed to use any tanning device, other than a spray tanning device that does not emit ultraviolet light, at a tanning facility. The owner shall be responsible for ensuring that each customer using the tanning facility is of legal age to do so.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":1391068,"text":"A tanning facility shall not claim, or distribute promotional material that claims that the use of a tanning device is safe, is without risk, or will result in medical or health benefits.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":1391069,"text":"The provisions of subsection G shall not prohibit any person licensed by the Board of Medicine to practice medicine or osteopathic medicine from prescribing or using a phototherapy device for any patient, regardless of age. For the purposes of this section, “phototherapy device” means a device that emits ultraviolet radiation and is used in the diagnosis or treatment of disease or injury.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":53076,"edition_id":2,"name":"Tanning Facilities","identifier":"24.1","label":"chapter","depth":2,"order_by":54,"parent_id":53010,"metadata":{"child_laws":6,"child_structures":0},"date_created":"2026-08-02 03:10:30","date_modified":"2026-08-02 12:36:30","permalink":{"id":1487697,"object_type":"structure","relational_id":53076,"identifier":"24.1","token":"59.1\/24.1","url":"\/59.1\/24.1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53010,"edition_id":2,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":127,"parent_id":null,"metadata":{"child_laws":861,"child_structures":141},"date_created":"2026-08-02 03:09:52","date_modified":"2026-08-02 12:36:19","permalink":{"id":1486523,"object_type":"structure","relational_id":53010,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":372945,"structure_id":53076,"section_number":"59.1-310.1","catch_line":"Definitions","url":"\/59.1-310.1\/","token":"59.1\/24.1\/59.1-310.1","metadata":false},{"id":372947,"structure_id":53076,"section_number":"59.1-310.2","catch_line":"Federal law compliance; application of chapter","url":"\/59.1-310.2\/","token":"59.1\/24.1\/59.1-310.2","metadata":false},{"id":372948,"structure_id":53076,"section_number":"59.1-310.3","catch_line":"Notice to customers; liability","url":"\/59.1-310.3\/","token":"59.1\/24.1\/59.1-310.3","metadata":false},{"id":372949,"structure_id":53076,"section_number":"59.1-310.4","catch_line":"Warning signs","url":"\/59.1-310.4\/","token":"59.1\/24.1\/59.1-310.4","metadata":false},{"id":372950,"structure_id":53076,"section_number":"59.1-310.5","catch_line":"Operational requirements","url":"\/59.1-310.5\/","token":"59.1\/24.1\/59.1-310.5","metadata":false},{"id":372951,"structure_id":53076,"section_number":"59.1-310.6","catch_line":"Violations of chapter; penalty","url":"\/59.1-310.6\/","token":"59.1\/24.1\/59.1-310.6","metadata":false}],"previous_section":{"id":372949,"structure_id":53076,"section_number":"59.1-310.4","catch_line":"Warning signs","url":"\/59.1-310.4\/","token":"59.1\/24.1\/59.1-310.4","metadata":false},"next_section":{"id":372951,"structure_id":53076,"section_number":"59.1-310.6","catch_line":"Violations of chapter; penalty","url":"\/59.1-310.6\/","token":"59.1\/24.1\/59.1-310.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-310.5\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 776 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2007, chapter 575<\/a>; in 2020, chapter 387<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1487715,"object_type":"law","relational_id":372950,"identifier":"59.1-310.5","token":"59.1\/24.1\/59.1-310.5","url":"\/59.1-310.5\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/59.1-310.5\/","token":"59.1\/24.1\/59.1-310.5","dublin_core":{"Title":"Operational requirements","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-310.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A tanning facility<\/span> shall have an operator present during operating hours. The operator shall be sufficiently knowledgeable in the correct operation of the tanning devices<\/span> used at the facility and shall inform and assist each customer in the proper use of the tanning device<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The owner<\/span> or his designee shall identify the skin type of the customer based on the Fitzpatrick scale<\/span>, document the skin type of the customer, and advise the customer of the customer’s maximum time of recommended exposure in the tanning device<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Before each use of a tanning device<\/span>, the operator shall provide the customer with properly sanitized protective eyewear that protects the eyes from ultraviolet radiation and allows adequate vision to maintain balance. The operator shall not allow a person<\/span> to use a tanning device<\/span> if that person<\/span> has not been provided protective eyewear. The operator shall also instruct each customer how to use suitable physical aids, such as handrails and markings on the floor, to maintain proper exposure distance as recommended by the manufacturer of the tanning device<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> After each use of a tanning device<\/span>, the owner<\/span> or his designee shall clean the device with a cleaner or sanitizer capable of killing bacteria from any previous use. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The tanning facility<\/span> shall use a timer with an accuracy of at least plus or minus ten percent of any selected time interval. The facility shall limit the exposure time of a customer on a tanning device<\/span> to the maximum exposure time recommended by the manufacturer. The facility shall control the interior temperature of a tanning device<\/span> so that it may not exceed 100 degrees Fahrenheit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Either each time a customer uses a tanning facility<\/span> or each time a person<\/span> executes or renews a contract<\/span> to use a tanning facility<\/span>, the person<\/span> shall sign a written statement acknowledging that the person<\/span> has read and understood the required warnings before using the device and agrees to use the protective eyewear that the tanning facility<\/span> provides. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> No individual under the age of 18 shall be allowed to use any tanning device<\/span>, other than a spray tanning device<\/span> that does not emit ultraviolet light, at a tanning facility<\/span>. The owner<\/span> shall be responsible for ensuring that each customer using the tanning facility<\/span> is of legal age to do so. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> A tanning facility<\/span> shall not claim, or distribute promotional material<\/span> that claims that the use of a tanning device<\/span> is safe, is without risk, or will result in medical or health benefits. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The provisions of subsection G shall not prohibit any person<\/span> licensed by the Board of Medicine to practice medicine or osteopathic medicine from prescribing or using a phototherapy device<\/span> for any patient, regardless of age. For the purposes of this section, “phototherapy device<\/span>” means a device that emits ultraviolet radiation and is used in the diagnosis or treatment of disease or injury. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nOPERATIONAL REQUIREMENTS (\u00a7 59.1-310.5)\n\nA. A tanning facility shall have an operator present during operating hours. The\noperator shall be sufficiently knowledgeable in the correct operation of the\ntanning devices used at the facility and shall inform and assist each customer\nin the proper use of the tanning device.\n\nB. The owner or his designee shall identify the skin type of the customer based\non the Fitzpatrick scale, document the skin type of the customer, and advise the\ncustomer of the customer’s maximum time of recommended exposure in the\ntanning device.\n\nC. Before each use of a tanning device, the operator shall provide the customer\nwith properly sanitized protective eyewear that protects the eyes from\nultraviolet radiation and allows adequate vision to maintain balance. The\noperator shall not allow a person to use a tanning device if that person has not\nbeen provided protective eyewear. The operator shall also instruct each customer\nhow to use suitable physical aids, such as handrails and markings on the floor,\nto maintain proper exposure distance as recommended by the manufacturer of the\ntanning device.\n\nD. After each use of a tanning device, the owner or his designee shall clean the\ndevice with a cleaner or sanitizer capable of killing bacteria from any previous\nuse.\n\nE. The tanning facility shall use a timer with an accuracy of at least plus or\nminus ten percent of any selected time interval. The facility shall limit the\nexposure time of a customer on a tanning device to the maximum exposure time\nrecommended by the manufacturer. The facility shall control the interior\ntemperature of a tanning device so that it may not exceed 100 degrees\nFahrenheit.\n\nF. Either each time a customer uses a tanning facility or each time a person\nexecutes or renews a contract to use a tanning facility, the person shall sign a\nwritten statement acknowledging that the person has read and understood the\nrequired warnings before using the device and agrees to use the protective\neyewear that the tanning facility provides.\n\nG. No individual under the age of 18 shall be allowed to use any tanning device,\nother than a spray tanning device that does not emit ultraviolet light, at a\ntanning facility. The owner shall be responsible for ensuring that each customer\nusing the tanning facility is of legal age to do so.\n\nH. A tanning facility shall not claim, or distribute promotional material that\nclaims that the use of a tanning device is safe, is without risk, or will result\nin medical or health benefits.\n\nI. The provisions of subsection G shall not prohibit any person licensed by the\nBoard of Medicine to practice medicine or osteopathic medicine from prescribing\nor using a phototherapy device for any patient, regardless of age. For the\npurposes of this section, “phototherapy device” means a device that\nemits ultraviolet radiation and is used in the diagnosis or treatment of disease\nor injury.\n\nHISTORY: 1990, c. 776; 2007, c. 575; 2020, c. 387.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}