The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Act--The Tanning Facility Regulation Act (Act), codified as Health and Safety Code, Chapter 145. (2) Adulterated--Has the meaning given in the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, §431.111, as interpreted in the rules of the department and judicial decision. (3) Authorized agent--An employee of the department designated by the commissioner to enforce the Act. (4) Change of ownership--The transfer of all or part of the ownership in a tanning facility held by one person to another person or persons; the removal, addition, or substitution of a person or persons as a partner in a facility owned by a partnership; a corporate sale, transfer, reorganization, or merger of the corporation which owns the facility if sale, transfer, reorganization, or merger causes a change in the facility's ownership; or if any other type of association, the removal, addition, or substitution of a person or persons as a principal of such association. (5) Commissioner--The Commissioner of the Department of State Health Services. (6) Department--The Department of State Health Services. (7) Fitzpatrick scale--A scale for classifying a skin type, based on the skin's reaction to the first 10 to 45 minutes of sun exposure after the winter season. Attached Graphic (8) Health authority--A physician designated to administer state and local laws relating to public health. (9) Misbranded--Has the meaning given in the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, §431.112, as interpreted in the rules of the department and judicial decision. (10) Operate--To own, manage, or control a tanning facility, or to offer tanning services to the public. (11) Operator--A tanning facility owner, or an agent of a tanning facility owner, or a person who operates a tanning facility. (12) Person--An individual, partnership, corporation, or association. (13) Phototherapy device--A piece of equipment that emits ultraviolet radiation and that is used by a health care professional in the treatment of disease. (14) Radiation--Ultraviolet radiation. (15) Radiation machine--Any device capable of producing radiation. (16) Reconditioning--Has the meaning given in the Texas Food, Drug, Device, and Cosmetic Salvage Act, Health and Safety Code, §432.003, as interpreted in the rules of the department in §229.603 of this title (relating to Definitions) and judicial decision. (17) Tanning device--A device, as defined in the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, §431.002, that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers and that is used for tanning of human skin, including a sunlamp, tanning booth, or tanning bed. A tanning device is also classified as a device, as defined in the Federal Food, Drug and Cosmetic Act and the applicable Code of Federal Regulations. The term also includes any accompanying equipment, including protective eyewear, timers, and handrails. (18) Tanning facility--A business that provides persons access to or use of tanning devices. |
| Source Note: The provisions of this §229.343 adopted to be effective February 28, 1994, 19 TexReg 926; amended to be effective June 26, 1996, 21 TexReg 5438; amended to be effective August 2, 2001, 26 TexReg 5659; amended to be effective May 26, 2002, 27 TexReg 4358; amended to be effective January 1, 2005, 29 TexReg 11981; amended to be effective December 27, 2010, 35 TexReg 11702 |
