Current through Register Vol. 56, No. 6, March 18, 2024
(a) In addition to sanctions provided in 8:28-4.2
, the Department may deny, suspend, or revoke a Certificate of Registration for violation of any of the provisions of the Act, except as provided in 8:28-4.2(b)
, or if necessary to abate a threat to the public health, safety, or welfare.
(b) The Department shall deny a Certificate of Registration to an applicant or registrant in accordance with the provisions of 8:28-2.1(h) through (k) and 2.3(e) and (f).
(c) The following actions or inactions by a registrant or operator(s) shall be cause for suspension of registration and facility operation for a period of time determined to be appropriate by the Department to ensure correction of cited deficiencies:
1. Failure to maintain the tanning facility in substantial compliance with the requirements set forth in this chapter;
2. Failure to ensure that all consumers follow their individualized exposure schedules for the sunlamp product used;
3. Failure to ensure that consumers have FDA-compliant eyewear prior to using a sunlamp product;
4. Failure to review the photosensitizing agent list with consumers, or parents or legal guardians for consumers at least 17, but less than 18 years of age; or
5. Failure to allow duly authorized agents of the Department or local board of health to conduct inspections pursuant to 8:28-2.5(a) and (b).
(d) The following actions or inactions by the registrant or operator(s) shall be cause for revocation of registration:
1. Use of sunlamp products or tanning equipment that is not manufactured and certified to comply with 21 CFR 1040.20, Sunlamp products and ultraviolet lamps intended for use in sunlamp products;
2. Repeated failure to maintain the tanning facility in substantial compliance with the requirements set forth in this chapter;
3. Permitting unsanitary or unsafe conditions that may adversely affect the health of the public;
4. Providing the Department reasonable cause to suspect that a communicable disease is being transmitted within the facility;
5. Demonstrated gross incompetence by the registrant or operator(s) in the operation of a tanning facility;
6. Acquisition or attempted acquisition of a Certificate of Registration by means of fraud, misrepresentation or concealment; or
7. Conviction in this or any other state of a crime directly related to the use of a sunlamp product.
