I have been visiting the U.S. for many years, for both business and pleasure – vacations, visits with friends and family – and I hasten to add, almost without exception, spending time with my American colleagues is always a pleasure!
Beyond age restriction and the Tan Tax – neither of which I am playing down – all I can say is compared with the UK, you guys have it easy!
During this time, I have experienced, and hopefully, participated in the professional evolution of our industry. There are wonderful examples of times when we have gained useful insight from each other across the Pond in areas such as product development, new business opportunities, predicting trends and so on. But equally, the “issues” that our industry has to manage are not national, they are global; and I genuinely believe the relationships that have developed within our industry and across the Atlantic have helped to create a cohesive and more united front against our detractors.
One area where we in the UK and indeed throughout Europe have had perhaps a more challenging time is in the area of regulation and legislation. Monitoring U.S. media activity, I see regular reports on individual state lobbying to ban tanning for under-18s. With less than 20 states implementing such a ban, there is still likely to be a lot of activity in this area for some time to come. Yet, beyond age restriction and the Tan Tax – neither of which I am playing down – all I can say is compared with the UK, you guys have it easy!
In the UK (England, Scotland, Wales and Northern Ireland), tanning legislation has been in place in one form or another since the end of 2009. It is odd that even amongst our four small nations, the scope of legislation varies and is also more onerous than in many other European countries, but equally less so than others, including Ireland.
Indoor tanning for under-18s is banned across the UK and it is also illegal to allow anyone under the age of 18 within what is known as a “restricted zone.” This means that if you had a tanning bed located within, for example, a changing room area in a gym, it would need to hidden from view by anyone under the age of 18. However, if you work somewhere that has a tanning bed and are under 18, you are allowed to clean it and be in the “restricted area” – go figure.
Unstaffed salons are also banned in Scotland, Wales and Northern Ireland but, currently, not in England. The vast majority of salons in England are staffed but it is a strange anomaly in legislation between the home nations.
Provision of and display of prescribed information to customers is also a legal requirement in Scotland, Wales and Northern Ireland but again not in England. In Northern Ireland and Wales but not in England and Scotland, operators are not allowed to provide or display any information that claims health benefits of tanning bed use. Yet, when it comes to some key safety issues, such as wearing eye protection during a UV session, it is currently only mandatory in Wales and Northern Ireland. It is recommended in guidance in England and Scotland. Disappointingly, no one has yet legislated on the requirement for staff to be properly trained.
Finally, there is a regulation from Europe which the UK government signed up to more than half a decade ago but has yet to become law anywhere in the UK. This is the requirement for tanning beds to have a maximum UV emission level. Colloquially known as 0.3, the Scientific Committee for Consumer Products in Brussels declared that the maximum irradiance level for tanning systems should be 0.3W/m² and that any UV equipment exceeding this level would be deemed as unsafe. All tanning beds built since 2009 have had to be 0.3 compliant, as have all second-hand and traded tanning beds.
It’s a muddled legislative picture that perhaps demonstrates a lack of priority at central Government level. Whilst that may sound like good news, I would prefer to see everyone on a level playing field and demonstrating best industry practice throughout the UK.
In the tanning industry since 1982, Gary is Managing Director of the UK subsidiary of Ergoline, and runs Ergoline Plus, the exclusive distributor for a wide range of sunless products and spray systems. He is also Chairman of the Media Committee for the UK’s Sunbed Association & a European Sunlight Association member.
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