ARCHIVED — Vol. 147, No. 8 — February 23, 2013

Regulations Amending the Radiation Emitting Devices Regulations (Tanning Equipment)

Statutory authority

Radiation Emitting Devices Act

Sponsoring department

Department of Health

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues: Given the risk of developing skin cancer through the use of tanning equipment, there is a need to update tanning equipment warning labels to help inform those who use tanning equipment of the associated risks.

Description: The proposed Regulations would update tanning equipment warning labels by replacing the primary hazard statement “Ultraviolet radiation” with “Tanning equipment can cause cancer.” The text “Not recommended for use by those under 18 years of age” would also be added to the label, and the information on the label would be reorganized to improve readability. Providing clear health risk information to users of tanning equipment would help them make informed decisions.

Cost-benefit statement: The maximum total one-time cost of this proposal to Canadian stakeholders is $64,642. The costs to the tanning industry include printing new labels and a potential decline in the use of tanning equipment. However, the benefits of the regulatory proposal would outweigh the costs. Consumers would benefit from access to more up-to-date information regarding the risks associated with the use of tanning equipment, which may contribute to a reduction in the incidence of skin cancer among users of tanning equipment.

“One-for-One” Rule and small business lens: The “One-for-One” Rule does not apply as the regulatory proposal would not introduce new administrative burden. The small business lens does not apply as the cost of complying with the new Regulations would be minimal. There is no impact on competition or trade. There would be no change in the accessibility of tanning products for consumers, though consumers would benefit from receiving more up-to-date information regarding the risk of using tanning equipment.

Domestic and international coordination and cooperation: Tanning equipment manufactured in Canada and imported into Canada would be expected to carry the revised warning labels, but aside from printing the new labels, the regulatory requirements under the Radiation Emitting Devices Regulations (Tanning Equipment) would not change. The proposed Regulations would reflect the current available evidence on the risks associated with tanning equipment use, and are aligned with similar regulatory efforts in other jurisdictions domestically and internationally.

Issue

With approximately 3 000 salons across Canada, the tanning industry in Canada generates approximately $1 billion in annual sales. Given the risk of developing skin cancer through the use of tanning equipment (particularly among youth), there is a need to update tanning equipment warning labels to ensure that those who use tanning equipment are fully aware of the associated risks.

The current Radiation Emitting Devices Regulations (Tanning Equipment) require warning labels on tanning equipment to provide owners, operators and users with information on the health risks related to ultraviolet radiation from the equipment. These current warning labels, however, do not reflect recent scientific studies that link ultraviolet radiation from tanning equipment to the risk of developing cancer, or that younger users are at risk. The risks are cumulative, meaning there is an escalating risk with total hours, sessions or years of tanning equipment use. Age of first use is also a factor: both an increased risk of developing melanoma and early onset of the disease have been linked with age at first use of tanning beds.

Skin cancer is the most common type of cancer in Canada, and melanoma is its deadliest form. While mortality rates have remained consistent in Canada, with one death occurring among every five people diagnosed, incidence of melanoma has increased threefold between 1972 and 2006. At the same time popularity of artificial tanning has also increased, with females in their late teens and twenties most likely to use tanning equipment. Many Canadians mistakenly believe that using indoor tanning equipment to develop a base tan before tanning in the sun can protect from sunburn, and that indoor tanning is safer than tanning in the sun.

Amendments to the Radiation Emitting DevicesRegulations (Tanning Equipment) would also address the need to update the titles of technical standards referenced in the current Regulations.

Objectives

The objective of the proposed Regulations would be to provide users of tanning equipment with clear information on the risks of using tanning equipment. Updating the health risk information on tanning equipment warning labels would respond to scientific findings that tanning equipment users are at an increased risk of developing skin cancer, and youth are at an even greater risk.

The Radiation Emitting Devices Act (REDA) provides Health Canada the authority to recommend regulations to the Governor in Council respecting the labelling of radiation emitting devices, such as tanning equipment, for the purpose of protecting persons against genetic or personal injury, impairment of health or death from radiation. This includes prescribing the information that must be present on a label and the manner in which that information must be shown.

The warning labels displayed on tanning equipment are intended to provide tanning equipment owners, operators and users with information to help them gain a better understanding of the health risks associated with the use of tanning equipment. However, research conducted by various health organizations indicates that many people think artificial tanning is safer than tanning in the sun. Such findings indicate that the health risks of artificial ultraviolet radiation are not well understood. In addition, the World Health Organization (WHO) categorized tanning devices as a known carcinogen in 2009.

Studies indicate that tanning equipment use rises in correlation with age among youth up to 18 years of age: older adolescents are much more likely to use tanning equipment than those under the age of 15. As the consequences are often only seen many years later, youth under 18 years of age may not fully realize the risks of tanning equipment use and may therefore make ill-informed decisions. Tanning equipment use is an avoidable but increasingly common behaviour, and many international jurisdictions have responded by banning the use of tanning equipment by minors under the age of 18. The current recommendation in the national Guidelines for Tanning Salon Owners, Operators and Users, published by Health Canada in collaboration with the provinces and territories, is that those under 16 years of age not use tanning equipment. This recommendation fails to capture the youth age bracket that uses tanning equipment the most, those 16 and 17 years of age.

The proposed labelling changes would provide a clear age recommendation for use. There is a growing awareness of the cancer risks associated with tanning equipment, and public and stakeholder support for a ban restricting minors from using tanning equipment is high. In May 2011, Nova Scotia’s Tanning Beds Act came into effect, making it illegal to provide access to tanning equipment to anyone under age 19. Manitoba introduced informed parental consent requirements for those under 18, which came into force on June 15, 2012. Other provinces and territories, including Ontario, Quebec, Newfoundland and Labrador, Prince Edward Island, British Columbia, and the Northwest Territories, have either passed legislation that has yet to come into force or announced their intent to regulate the use of tanning equipment.

The Radiation Emitting Devices Regulations (Tanning Equipment) also stipulate safety and engineering requirements for tanning equipment required at the time of sale, resale, lease or importation to protect users from overexposure to ultraviolet radiation. Two standards are referenced in the current Regulations. The standards produced by the International Electrotechnical Commission (IEC) and by the International Commission on Illumination (CIE) include information about regular household lampholders (i.e. the socket the bulb screws into) with which tanning lamps should not be used, and calculations to restrict the duration of first and maximum exposure times set on the equipment timer. The titles of the two technical standards have been updated in the time since the Radiation Emitting Devices Regulations (Tanning Equipment) came into force in 2005, necessitating an update to their reference in the Regulations. The second objective of the proposed Regulations would be to provide industry with updated standards references so that industry can refer to the most current standards.

Description

The Radiation Emitting Devices Regulations (Tanning Equipment) establish the requirements for the safety and engineering of tanning equipment at the time of sale, resale, lease or importation. The Regulations also establish requirements for information that must be displayed on tanning equipment in Canada. The current Regulations set out specific requirements for the size, location and content of information to be displayed, all aimed at having tanning equipment clearly display health warning messages and information about ultraviolet radiation emitted by tanning equipment.

The proposed Regulations would amend the Radiation Emitting Devices Regulations (Tanning Equipment) in two ways.

(1) Update tanning equipment warnings

The proposed Regulations would update tanning equipment warning labels under section 5 of the Radiation Emitting Devices Regulations (Tanning Equipment). The updated warning labels would replace the primary hazard statement “Ultraviolet radiation” with “Tanning equipment can cause cancer.” The text “Not recommended for use by those under 18 years of age” would be added to the statements in the lower portion of the label, and the information in this section would be reorganized to improve readability. New images of the proposed labels would be included in the Regulations. Information on advertising material as outlined in section 6 of the current Regulations would also be updated to reflect changes to the warning labels.

(2) Provide reference to the latest editions of standards within the Radiation Emitting Devices Regulations (Tanning Equipment)

The proposed amendments would reflect the latest editions of two technical standards referenced in the current Regulations. The first standard includes information pertaining to regular household lampholders with which tanning lamps should not be used (i.e. double-contact medium screw lampholder and single-contact medium screw lampholder). The second standard is used to calculate first and maximum exposure times for first-time tanning equipment users (i.e. exposure times are based on the erythema reference action spectrum described below). Further, in order to ensure that the standards referenced are the most recent, the proposed amendments would reference standards “as amended from time to time.”

More specifically, the proposed Regulations would amend section 1 of the Radiation Emitting Devices Regulations (Tanning Equipment) by updating the titles of the standards referenced in the following definitions, to be replaced with the following:

  • — “double-contact medium screw lampholder” means a lampholder described in the International Electrotechnical Commission Standard IEC 60061-2, Edition 3.41, 2010-04, Sheet 7005-29-2, entitled Position of holder thread in relation to the central and intermediate contacts of the lampholder E26d, as amended from time to time. (douille à contactdouble pour vis moyenne)
  • — “single-contact medium screw lampholder” means a lampholder described in the International Electrotechnical Commission Standard IEC 60061-2, Edition 3.41, 2010-04, Sheet 7005-21A-1, entitled Lampholders E26, as amended from time to time. (douille à contactunique pour vis moyenne)
  • — “erythema reference action spectrum” means the erythema action spectrum set out in section 5.2 of the International Commission on Illumination Standard ISO 17166:1999(E) / CIE S 007/E-1998, First edition, entitled Erythema reference action spectrum and standarderythema dose, as amended from time to time. (spectre d’action érythémale de référence)

Regulatory and non-regulatory options considered

Regarding the tanning equipment warning labels, the following alternatives were considered.

(1) Status quo

Currently, the Regulations require that tanning equipment be labelled with the following messages: “Danger” and “Ultraviolet Radiation,” followed by a detailed statement about the health risks related to ultraviolet radiation exposure, which were appropriate at the time. Current labels do not provide an age recommendation. Maintaining the status quo would not inform users of new information concerning the health risks associated with tanning equipment specifically, and could also set Canada apart from other jurisdictions such as the United Kingdom and Australia, where bans have been introduced and awareness campaigns launched.

(2) Public awareness initiatives

Consideration was given to using public awareness initiatives (in the absence of regulatory amendments) to increase the understanding and knowledge of the health risks associated with using tanning equipment. Such initiatives would focus on improving the communication of health risks associated with tanning equipment use and would include the use of social media, a review of the accessibility of tanning and sun safety information on the Health Canada Web site, and the coordination of health risk information messaging and products with provincial and territorial counterparts. However, it was determined that, on its own, a public awareness initiative would not necessarily reach those who are already using tanning equipment. As described below, it was determined that a regulatory approach in combination with public awareness initiatives would yield an increased awareness of the health risks.

(3) Update the National Guidelines for Tanning Salon Owners, Operators and Users

The information contained in these guidelines, published by Health Canada in collaboration with the provinces, is intended to provide tanning salon owners, operators and users a fundamental understanding of ultraviolet radiation from tanning equipment and its effects on people. In-depth revisions to these voluntary guidelines were considered, but the information presented in the guidelines is still relevant. In addition, the guidelines are not necessarily available at the point of use and so might not be the most effective means to communicate up to date information to tanning bed users. Therefore, only minor revisions would be undertaken in support of the proposed Regulations.

(4) Proposed Regulations (recommended option)

In combination with public awareness initiatives, the proposed Regulations would help provide tanning equipment users with readily accessible information about the risks of using tanning equipment with each use. The proposed Regulations would align with both the current available scientific information on the risks associated with tanning equipment use and similar regulatory efforts in other jurisdictions, domestically and internationally. It has been determined that the benefits of the regulatory proposal would outweigh the costs, would have no impact on competition or trade and would impose minimal additional administrative burden.

With respect to the proposed amendment to update the references to standards in the Radiation Emitting Devices Regulations (Tanning Equipment), Health Canada has determined that incorporation of the standards into the Regulations by ambulatory reference would help ensure that the Regulations remain accurate following new versions or updates to the standards.

Benefits and costs

In 2004, the total estimated economic burden of skin cancer in Canada was $532 million, the majority attributable to melanoma (83.4%). The total estimated economic burden of skin cancer in Canada would rise to $922 million annually by 2031 if the current trajectory is maintained. The direct cost per melanoma case is estimated to be $6,215 in 2004, increasing to $7,136 by 2031 due to increased inpatient and outpatient hospital costs per case. All estimates are in 2004 dollars.

Tanning is a business generating $1 billion a year in Canada, with approximately 3 000 salons across the country. (However, the number of beds is difficult to estimate, as some are located in fitness clubs and non-salon environments, the number of beds varies from one salon to another, and some members of the general public purchase tanning equipment for home use.) The monetary impact on all Canadian stakeholders who would be required to comply with the proposed Regulations (i.e. approximately 71 manufacturers, distributors and importers) would not be substantial. Individual stakeholders would face a maximum one-time cost of $910.

Warning labels on tanning equipment are already a requirement under the current Radiation Emitting Devices Regulations (Tanning Equipment), and the proposed Regulations would not require any changes to the placement or size of the labels. The cost for industry to comply with the proposed Regulations would include printing new labels, replacing the old stock of labels, and advising staff of the regulatory amendments. Industry would have sufficient time to print new warning labels: the proposed Regulations would come into force three months after registration.

Costs

The new labelling requirements would have a minimal impact on the tanning industry. Health Canada recognizes that, in conjunction with public awareness efforts, the updated warning labels may contribute to less frequent or shorter visits to tanning salons by some consumers, which may in turn contribute to a decline in sales for these establishments. However, there are a number of initiatives including a variety of public awareness campaigns, ongoing media coverage, as well as the introduction of age restrictions in some jurisdictions in Canada, which make it very difficult to accurately assess the potential decline in use that could be attributed to the proposed Regulations alone.

The new label would be provided in an electronic format to be printed on adhesive tacking and placed on the equipment, a process which is consistent with the existing Regulations. As the size and placement of the labels on the tanning equipment would not change, there would be no additional requirement on the part of the manufacturer. The estimated cost of printing new labels is $83 per business, totalling $5,881 per all 71 Canadian manufacturers and distributors.

There may be a one-time cost to manufacturers and others to access copies of the standards referenced in the Radiation Emitting Devices Regulations (Tanning Equipment). The regulatory proposal seeks to establish an ambulatory incorporation of the standards into the Regulations. Stakeholders could purchase the standards, if they do not already have them, for less than $800. However, this does not represent a new cost of business as the current Regulations already refer to the standards under their previous titles. It is likely that many of the manufacturers of tanning devices already access the standards consistent with existing regulatory requirements and would therefore experience no new costs. Nonetheless, it is estimated that there are 71 major Canadian manufacturers and distributors of tanning equipment (including eye covers), 70 of which are small businesses, and there are fewer than 500 manufacturers internationally. In a worst-case scenario, if every manufacturer, distributor and importer had to pay a maximum of $800 for the standards, in addition to labelling compliance costs, the maximum one-time cumulative cost to industry would be $64,642 for Canadian manufacturers and importers, and less than $1 million for all worldwide stakeholders ($455,225 total).

There would be no new costs to the federal government as a result of the proposed Regulations.

Benefits

Many companies within the tanning industry promote sales of alternative tanning products, such as artificial tanning lotions and sprays. Sales of these items could increase as a result of reduced reliance on artificial ultraviolet radiation, offsetting the costs incurred by lost business from a decrease in the use of tanning equipment.

The proposal aims to provide consumers with better information on the health risks of tanning equipment, thereby contributing to the ability of users and potential users to make informed decisions. In Canada, it is estimated that approximately 9% of the population uses tanning equipment. Studies indicate higher usage rates for young females aged 16 to 24 in particular. The proposed Regulations would help provide tanning equipment users with readily accessible information about the risks of using tanning equipment with each use, at the point of use.

The updated standards references would provide manufacturers with access to the most up-to-date titles of the standards. Three terms referenced in the Radiation Emitting Devices Regulations (Tanning Equipment) are defined in standards: two of these are defined in the IEC standards, and one term is defined in the CIE standards. In updating the current Regulations to reference the standards, “as amended from time to time,” manufacturers would be directed to the most recent versions, and therefore definitions, available.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply because the proposal’s nationwide cost impacts are less than $1 million annually.

Consultation

A targeted stakeholder consultation was conducted from November 26 to December 21, 2010, to solicit input on proposed warning label content. A total of nine stakeholders (including tanning bed manufacturers, cancer control groups, consumer groups, and associations representing the interests of dermatologists, medical and paediatric professionals and the tanning industry) were contacted by telephone, and were invited to participate. On November 26, 2010, stakeholders were also invited to review and submit written comments on the tanning equipment warning labels.

Six of the nine stakeholders participated in the consultation by providing input. One respondent suggested the current warning label should be kept and that the wording on the alternative labels was too strong. The strength of the proposed warning is however commensurate with warnings in other jurisdictions, including Australia. One respondent indicated that there was no new data to support a regulatory change after only five years since the previous Regulations were published, and that the age recommendation was political and should be removed and replaced with the statement “Not recommended for those with skin type 1.”

One respondent commented that the proposed changes would make the warning labels less relevant, because the intent of the label should be to assist professional sunbed facility operators in doing their jobs to properly educate clients on correct procedure and mitigation of risk. However, the intent of this proposal is to increase awareness of the risk associated with tanning equipment use by providing consumers with more and up-to-date information about these risks at the point of use. The REDA provides the authority to make regulations respecting the labelling of tanning equipment for the purpose of protecting persons against genetic or personal injury, impairment of health or death from radiation. Neither the Act nor its Radiation Emitting Devices Regulations (Tanning Equipment) indicate that the label is meant for the use of facility operators alone: tanning equipment users may review the information on the labels for themselves in order to make an informed choice.

All other input received during this consultation strongly favoured the addition of an age recommendation of those under 18 years and stronger wording about cancer risks associated with tanning equipment.

The proposed Regulations might not respond to concerns that may be raised by those in favour of indoor tanning. However, the proposed Regulations would align with current available scientific findings on the cancer risks associated with tanning equipment use and are similar to regulatory efforts of other jurisdictions.

Given the administrative nature of the update to the standards, no consultation was carried out on the updates to the standards referenced in the current Radiation Emitting Devices Regulations (Tanning Equipment). No controversy is anticipated from stakeholders relating to the update to the technical standards references.

Regulatory cooperation

In June 2010, a Federal-Provincial-Territorial Radiation Protection Committee Tanning Beds Working Group was established. The working group’s mandate is to examine health and safety issues relating to the use of tanning equipment by identifying emerging and current concerns, issues and considerations relating to tanning equipment; providing input to regulations pertaining to the labelling of tanning equipment; considering revisions to the national Guidelines for Tanning Salon Owners, Operators and Users; discussing potential federal strategies related to public awareness, including the development and/or expansion of educational campaigns; and exploring provincial/territorial regulatory capacities.

This proposal is not related to a commitment under the Joint Action Plan for the Canada-United States Regulatory Cooperation Council.

Rationale

Indoor ultraviolet tanning is associated with an increased risk of developing skin cancer, and is a risk factor for early-onset skin cancer. Recent studies have increasingly demonstrated a dose-response effect; that is, more tanning equipment exposures lead to increased risk of developing skin cancer. Most of these studies have only been published since the last update to the Radiation Emitting Devices Regulations (Tanning Equipment) in 2005. The WHO’s International Agency for Research on Cancer (IARC) monograph on radiation, updated in 2012 by an interdisciplinary working group of expert scientists, confirmed that there is sufficient evidence in humans for the carcinogenicity of ultraviolet-emitting tanning devices. Based on the strength of the evidence demonstrating the carcinogenic effects of tanning devices, the WHO has stated that restricting youth under 18 years from accessing tanning devices should be of highest regulatory priority for governments.

Updated warning labels, as part of the proposed Regulations, would serve to inform consumers of the risk associated with using tanning equipment and may ultimately contribute to a decrease in the incidence of skin cancer. In 2007, the U.S. Food and Drug Administration (FDA) conducted a consumer study of labelling information on the relationship between the use of indoor tanning devices and development of skin cancer. Based on its analysis, the FDA determined that participants in the study found that the use of a paragraph format on ultraviolet radiation warning labels (as is currently used on Health Canada’s warning labels) made it difficult to focus on and read the warning statement. Alternatively, almost all participants said that they would be more likely to read a label with a bulleted format, that the shorter length of the text made it easier to focus on the risks and directives, and that the shorter and bulleted format sent a stronger message about the dangers associated with indoor tanning equipment.

The goal of increasing awareness on the health risks associated with the use of tanning equipment would be achieved by providing tanning equipment users with readily accessible information, including information on the increased risk of developing skin cancer, and by raising the recommended age of use. A review of other jurisdictions has been undertaken and these Regulations would align with the regulatory efforts of other countries such as the United Kingdom and Australia. The federal government has coordinated with the provinces and territories on developing options to reduce the incidence of avoidable skin cancer due to artificial ultraviolet radiation through the Federal-Provincial-Territorial Radiation Protection Committee’s Tanning Beds Working Group. As the updated label in the proposed Regulations provides a minimum age of use recommendation, and does not propose to ban access to tanning equipment by minors, it would not conflict with existing and proposed legislative initiatives in Canada’s provinces and territories, such as Nova Scotia’s under 19 age restriction, or Manitoba’s requirement for minors under 18 to have parental consent to use tanning equipment. The label would complement public awareness campaigns that have been mounted by several public health bodies, non-profit organizations and other government health departments across Canada to warn against ultraviolet tanning equipment, particularly by minors.

The minimal costs associated with the proposed Regulations would be outweighed by the potential benefits of reducing incidence of skin cancer.

Implementation, enforcement and service standards

As described earlier, implementation of the proposed Regulations would be coordinated with broader public awareness initiatives. In order to assist the tanning industry transition smoothly to the new requirements, the proposed Regulations would come into force three months after registration.

The proposed Regulations would not alter existing compliance mechanisms. Provinces would remain responsible for the licensing of salons and their adherence to provincial legislation. Under subsection 5(3) of the REDA, “No person shall fail to comply with the regulations respecting the labelling, packaging or advertising of radiation emitting devices.” Compliance and enforcement would continue to be undertaken by Health Canada inspectors under the authority of the REDA and its Regulations.

Contact

Tara Bower
Director
Office of Science Policy, Liaison and Coordination
Environmental and Radiation Health Sciences Directorate
Healthy Environments and Consumer Safety Branch
Health Canada
Address Locator 4908D
269 Laurier Avenue W
Ottawa, Ontario
K1A 0K9
Fax: 613-952-5397
Email: tanning.regs.bronzage@hc-sc.gc.ca

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 13(2) of the Radiation Emitting Devices Act (see footnote a), that the Governor in Council, pursuant to subsection 13(1) of that Act, proposes to make the annexed Regulations Amending the Radiation Emitting Devices Regulations (Tanning Equipment).

Interested persons may make representations concerning the proposed Regulations within 75 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice, and be addressed to Tara Bower, Manager, Environmental and Radiation Health Sciences Directorate, Healthy Environments and Consumer Safety Branch, Health Canada, Address Locator 4908D, 269 Laurier Avenue West, Ottawa, Ontario K1A 0K9 (fax: 613-952-5397; email: tanning.regs.bronzage@hc-sc.gc.ca).

Ottawa, February 14, 2013

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE RADIATION EMITTING
DEVICES REGULATIONS (TANNING EQUIPMENT)

AMENDMENTS

1. The definitions “double-contact medium screw lampholder”, “erythema reference action spectrum” and “single-contact medium screw lampholder” in section 1 of Part XI of Schedule II to the Radiation Emitting Devices Regulations (see footnote 1) are replaced by the following:

  • “double-contact medium screw lampholder” means a lampholder described in the International Electrotechnical Commission Standard IEC 60061-2, Edition 3.41, 2010-04, Sheet 7005-29-2, entitled Position of holder thread in relation to the central and intermediate contacts of the lampholder E26d, as amended from time to time. (douille à contact double pour vis moyenne)
  • “erythema reference action spectrum” means the erythema action spectrum set out in section 5.2 of the International Commission on Illumination Standard ISO 17166:1999(E) / CIE S 007/E-1998, First edition, entitled Erythema reference action spectrum and standard erythema dose, as amended from time to time. (spectre d’action érythémale de référence)
  • “single-contact medium screw lampholder” means a lampholder described in the International Electrotechnical Commission Standard IEC 60061-2, Edition 3.41, 2010-04, Sheet 7005-21A-1, entitled Lampholders E26, as amended from time to time. (douille à contact unique pour vis moyenne)

2. (1) Subparagraphs 5(b)(ii) and (iii) of Part XI of Schedule II to the Regulations are replaced by the following:

  • (ii) in the middle portion, the primary hazard statement “Les appareils de bronzage peuvent causer le cancer” in yellow on a black background,
  • (iii) in the lower left portion, the following statements in black on a white background and in the following order:
    • “L’exposition aux rayonnements ultraviolets (UV) peut avoir des effets nocifs sur la santé :”
    • · La surexposition provoque des brûlures aux yeux et à la peau”
    • · Les effets des UV sont cumulatifs”
    • · Les médicaments et cosmétiques peuvent augmenter les effets des UV”
    • · Plus l’exposition régulière commence tôt, plus les risques qui y sont associés sont élevés”,
  • (iv) in the lower right portion, the following statements in black on a white background and in the following order
    • “L’exposition aux UV peut contribuer, à long terme, au vieillissement prématuré et au cancer de la peau”
    • · Suivre les instructions”
    • · Porter un dispositif de protection des yeux”
    • · Usage déconseillé aux personnes de moins de 18 ans”,
  • (v) in the lower left corner, the attribution “Santé Canada — Health Canada” on a white background, and
  • (vi) in the lower right corner, the attribution “Canada” on a white background;

(2) Subparagraphs 5(c)(ii) and (iii) of Part XI of Schedule II to the Regulations are replaced by the following:

  • (ii) in the middle portion, the primary hazard statement “Tanning Equipment Can Cause Cancer” in yellow on a black background,
    (iii) in the lower left portion, the following statements in black on a white background and in the following order
    • “Ultraviolet (UV) radiation exposure can be hazardous to your health:”
    • · Overexposure causes skin and eye burns”
    • · UV effects are cumulative”
    • · Drugs and cosmetics may increase UV effects”
    • · Greater risks are associated with early and repeated exposure”,
  • (iv) in the lower right portion, the following statements in black on a white background and in the following order
    • “In the long term, UV exposure can contribute to premature ageing and skin cancer”
    • · Follow instructions”
    • · Use protective eyewear”
    • · Not recommended for use by those under 18 years of age”,
  • (v) in the lower left corner, the attribution “Health Canada — Santé Canada ” on a white background, and
  • (vi) in the lower right corner, the attribution “Canada” on a white background;

(3) Section 5 of Part XI of Schedule II to the Regulations is amended by striking out “and” at the end of paragraph (d) and by adding the following after paragraph (d):

  • (d.1) be reproduced
    • (i) in colours that are as close as possible to the colours in which they are set out in the electronic file referred to in paragraph (a), and
    • (ii) as clearly as possible taking into consideration the method of printing used; and

(4) Paragraph 5(e) of Part XI of Schedule II to the Regulations is replaced by the following:

  • (e) conform to the following figures:

Figure 1

Étiquettes de mises à jour de Santé Canada pour les appareils de bronzage

Figure 2

Warning Labels from Health Canada for tanning equipment

3. Section 6 of Part XI of Schedule II to the Regulations is replaced by the following:

6. (1) Subject to subsection (2), all advertising material in relation to tanning equipment must include, in a clearly legible manner, the signal word “Danger” followed by the attribution “According to Health Canada / Selon Santé Canada”, the primary hazard statement “Tanning Equipment Can Cause Cancer / Les appareils de bronzage peuvent causer le cancer” and the statements set out in subparagraphs 5(b)(iii) and (iv) and 5(c)(iii) and (iv).

(2) Advertising material that is in only English or French must include, in a clearly legible manner,

  • (a) if it is in only French, the signal word “Danger” followed by the attribution “Selon Santé Canada”, the primary hazard statement “Les appareils de bronzage peuvent causer le cancer” and the statements set out in subparagraphs 5(b)(iii) and (iv); and

  • (b) if it is in only English, the signal word “Danger” followed by the attribution “According to Health Canada”, the primary hazard statement “Tanning Equipment Can Cause Cancer” and the statements set out in subparagraphs 5(c)(iii) and (iv).

COMING INTO FORCE

4. These Regulations come into force three months after the day on which they are registered.

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