Legal regulations for sunbeds

Since August 2009, the Act on Protection against Non-Ionising Radiation in Human Applications (NiSG) has been in force. Since 1 January 2012, the associated Ordinance on Protection against Harmful Effects of Artificial Ultraviolet Radiation (UV Protection Ordinance) has been in force.

Most important regulation of the NiSG for sunbeds: Prohibition of minors

According to the law, since August 2009, sunbeds in tanning studios, similar facilities or other public spaces may not be used by minors. The operators of solariums are responsible for complying with this prohibition.

The UV Protection Ordinance (UVSV)

The “Ordinance on Protection against Harmful Effects of Artificial Ultraviolet Radiation” has been in effect since 1 January 2012. It regulates:

• Requirements for the operation of UV emitting devices
• Use, tasks, and qualification of skilled personnel
• Training and further education for qualified personnel
• Duty to provide information to users of sunbeds
• Documentation obligations of those who operate UV emitting devices
• Fines in the event of infringement
• Transitional regulations for old equipment and for personnel trained according to the criteria of the Federal Office for Radiation Protection within the framework of the voluntary certification procedure for solariums which no longer exists.

In an Internet article, the Federal Environment Ministry refers to a judgement of the Bavarian Administrative Court according to which the compulsory presence of qualified personnel is constitutional and the UV Protection Ordinance does not violate the fundamental right to freedom of occupation.

Monitoring compliance with legal regulations

The federal states are responsible for monitoring compliance with the legal requirements (NiSG and UVSV). The Federal Environment Ministry and the Federal Office for Radiation Protection provide support in questions of interpretation of the UV Protection Ordinance. Specific enforcement questions or indications of violations of the UV Protection Ordinance must be addressed to the respective enforcement authorities or state ministries.

In consultation with the Federal States, the Federal Environment Ministry compiles, updates, and publishes the list of relevant state ministries and enforcement authorities (in German).

Violations of the legal requirements of the law and the ordinance are administrative offences and can be punished with fines of up to € 50,000.

Former voluntary certification procedure for sunbeds

From 2004 - 2010, tanning salons could be voluntarily certified according to the criteria of the BfS. This procedure did not provide the desired consumer protection and was replaced by these legal regulations.

Signet of the certificate expired in 2010