(a) The Tanning Facility Regulation Act, Health and Safety Code, Chapter 145, governs and applies to the rules in this subchapter.
(b) The Executive Commissioner of the Health and Human Services Commission may adopt rules as necessary to implement the Tanning Facility Regulation Act, Health and Safety Code, Chapter 145.
(c) Tanning devices are both electronic products and devices as defined by the Federal Food, Drug and Cosmetic Act, 21 United States Code, et seq. and as such are subject to the provisions of that act as well as those of the Texas Food, Drug, and Cosmetic Act, Health and Safety Code, Chapter 431, which requires the department to adopt rules regulating devices, i.e., tanning devices.
(d) Tanning devices used in tanning facilities are required to comply with the following applicable laws and regulations which are adopted by reference and include, but are not limited to:
  (1) 21 Code of Federal Regulations (CFR), Part 801, Labeling;
  (2) 21 CFR, Subchapter J, Radiological Health;
  (3) 21 CFR, Part 1010, Performance Standards for Electronic Products - General; and
  (4) 21 CFR, §1040.20, Sunlamp Products and Ultraviolet Lamps Intended for Use in Sunlamp Products.
(e) Reconditioned tanning devices must comply with applicable provisions of the Federal Food, Drug and Cosmetic Act and the regulations adopted thereunder and are subject to the provisions of the Texas Food, Drug, Device and Cosmetic Salvage Act, Health and Safety Code, Chapter 432.
(f) Nothing in this subchapter shall relieve any person of responsibility for compliance with other pertinent Texas and federal laws, rules, and regulations.
(g) Copies of these laws and rules are indexed and filed at the department, 1100 West 49th Street, Austin, Texas 78756, and are available for inspection during normal working hours. Electronic copies of these laws, rules, and regulations are available online at http://www.dshs.state.tx.us/license.shtm.

Source Note: The provisions of this §229.342 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 January 1, 2005, 29 TexReg 11981; amended to be effective December 27, 2010, 35 TexReg 11702