Written answers

Tuesday, 25 October 2022

Department of Health

Legislative Measures

Photo of Alan FarrellAlan Farrell (Dublin Fingal, Fine Gael)
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661. To ask the Minister for Health the regulations that are in place for retailers who supply tanning and sun beds; and if he will make a statement on the matter. [53294/22]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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The public health legislation relating to sunbeds is the Public Health (Sunbeds) Act 2014 (No. 12 of 2014) which was introduced in 2014 and was commenced throughout 2014 and 2015. Under this Act there is a prohibition on:

(i) allowing a person under 18 years of age to use a sunbed on a sunbed premises;

(ii) allowing a person under 18 years of age to be in a “restricted area” except where employed or providing services;

(iii) selling the use of a sunbed on a sunbed premises to a person under 18 years of age;

(iv) the sale or hire of sunbeds to a person under 18 years of age;

(v) permitting any person to use a sunbed on a sunbed premises without supervision;

(vi) employing a person under 18 years of age to supervise the use of a sunbed on a sunbed premises;

(vii) offering the use, sale, or hire of a sunbed free of charge;

(viii) the use of certain marketing practices (for example, early bird or “two for the price of one” offers), as prescribed in the Public Health (Sunbeds) (Prohibition of Certain Marketing Practices) Regulations 2015 (S.I. No. 51 of 2015);

(ix) making available or displaying any material that promotes a health or other benefit from sunbed use other than information prescribed by the Minister;

(x) allowing a person to be in a “restricted area” unless

a. the person concerned has signed the prescribed form,

b. they are in the course of their employment or providing a service

This Act also places an obligation on sunbed businesses to:

(i) make protective eyewear, which complies with the European Standard, available to a person who proposes to use, purchase or hire a sunbed;

(ii) maintain a sunbed and sunbed premises in a clean and hygienic condition;

(iii) display warning signs as prescribed under the Public Health (Sunbeds) (Warning Signs) Regulations 2015 (S.I. No. 53 of 2015);

(iv) ensure that a copy of the health information as prescribed in the Public Health (Sunbeds) (Health Information) Regulations 2015 (S.I. No. 50 of 2015) is provided to a person each time he or she proposes to use, hire or purchase a sunbed and a requirement that the person sign the form confirming that they have been provided with a copy of the health information and have had an opportunity to read and consider it;

(v) notify the Health Service Executive (HSE) in accordance with the Public Health (Sunbeds) (Notification) Regulations 2015. (S.I. No. 52 of 2015) and pay the required fee (€120 annually).

The HSE is responsible for the implementation and enforcement of the Public Health (Sunbeds) Act 2014 (No. 12 of 2014).

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