PUBLICA HEALTH Law 26,799 The use of ultraviolet-ray emission equipment for tanning to minors is prohibited. Sanctioned: November 21st 2012 Cast: December 26, 2012 The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
PROHIBITION OF EQUIPMENT OF ULTRAVIOLET RAYS FOR BRONCEED
ARTICLE 1 — The use of ultraviolet-ray emission equipment for tanning, whether solar or similar beds, for minors, in the establishments that provide the public with tanning, with the exception of cases of therapeutic necessity justified by medical professionals, is prohibited.
ARTICLE 2° — The establishments that provide to the public service of tanning by ultraviolet emission equipment are subject to the following obligations:
(a) To make visible a sign that informs users that the use of such devices is prohibited for minors, with the exception set out in article 1;
(b) Provide information, in the form of informed consent, on the possible damage to the skin due to the cumulative effect of ultraviolet rays, in the manner determined by regulation;
(c) To have staff with basic knowledge in first aid.
ARTICLE 3 - The implementing authority should develop a protocol for monitoring and periodic review of the functioning of the equipment set out in this Act.
ARTICLE 4° — The following shall be considered offences under this law:
(a) Allowing the use of ultraviolet-ray emission equipment intended for tanning, whether solar or similar bed, for minors;
(b) The lack of display of the poster provided for in article 2 (a), as described therein;
(c) The absence of the information described in article 2 (b);
(d) The lack of staff with the knowledge described in article 2 (c);
(e) Actions or omissions not mentioned in the preceding subparagraphs, committed in violation of the obligations set forth in this Act.
ARTICLE 5° — Offences to this Act, subject to preliminary investigation of a case law guaranteeing the right of defence of the alleged offender and other constitutional guarantees, without prejudice to other administrative, civil, criminal or ethical responsibilities to which there is a place, shall be punished by:
(a) Perception;
(b) A fine that must be updated by the national executive branch on an annual basis according to the official price index of the National Institute of Statistics and Censuses (INDEC), from pesos thousand ($ 1,000) to pesos one million ($ 1,000,000), which can be increased to the decuplo in case of recidivism;
(c) Closure, total or partial, temporary or definitive, depending on the seriousness of the case or reiteration of the case, of the premises or establishment in which the offence was committed;
(d) Suspension or disqualification in the exercise of the activity or profession up to a period of three (3) years; in the event of extreme gravity or multiple repetition of the or breaches the disqualification may be final.
ARTICLE 6° — The Ministry of Health is the authority to implement this law and must promote its implementation and control within the framework of the Federal Health Council (COFESA) in the provinces and the Autonomous City of Buenos Aires.
ARTICLE 7° — The provinces and the Autonomous City of Buenos Aires are invited to join the regime enshrined in this law.
ARTICLE 8° — The Executive Branch shall regulate this law within sixty (60) days of its promulgation.
ARTICLE 9° — Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TWENTY DAYS OF THE MONTH YEAR DOS MIL DOCE.
# 26,799 #
LOVE BOUDOU. - JULIAN A. DOMINGUEZ. - Gervasio Bozzano. — Juan H. Estrada.
