New York Public Health Law Section 3554 - Powers and duties of the commissioner.

3554. Powers and duties of the commissioner. 1. The commissioner shall inspect each tanning facility licensed under this article and each ultraviolet radiation device used, offered, or made available for use in such facility, not less than biennially. The commissioner may establish a fee for such inspection, which shall not exceed fifty dollars per ultraviolet radiation device; provided, however, that no facility shall be required to pay any such fee on more than one occasion in any biennial registration period. The commissioner may appoint and designate, from time to time, persons to make the inspections authorized by this article.

2. The commissioner shall promulgate rules and regulations to carry out the provisions of this article, including, but not limited to, regulations:

(a) requiring each tanning facility to conspicuously post the license required by this article, and appropriate warning signs as prescribed by the commissioner;

(b) requiring each tanning facility to provide informational pamphlets to customers advising of conditions, such as the use of photosensitizing drugs, under which the use of ultraviolet radiation is contraindicated;

(c) establishing standards for cleanliness, hygiene and safety; and

(d) requiring each tanning facility to provide safety goggles and any other safety-related devices to customers without additional charge therefor.

3. The commissioner may by regulation authorize any county department of health to administer this section within its jurisdiction.


Last modified: February 3, 2019