Solarium operator convicted
The EPA hopes a recent decision on solaria use and advertising will deter others in the community.
Jake Martin-Herde 28, of Salisbury Downs appeared in the Adelaide Magistrates Court in August for sentencing on two charges of offering and providing cosmetic tanning for a fee to the public despite a ban since 1 January 2015.
He was found in possession of three tanning beds offered for use and advertised through social media as 'a service' under the trade names 'Sharelarium' and 'Jake Sharelarium'.
Chief Magistrate Mary-Louise Hribal ruled in favour of the EPA under the Radiation Protection and Control (Non-Ionising Radiation) Regulations 2013.
She acknowledged that while individuals were able to own solariums for personal use, the provision of cosmetic tanning services to the public needed to be discouraged.
Mr Martin-Herde who pleaded guilty to the charges in May, was fined a total of $2,100 and ordered to pay $900 in prosecution costs, in addition to $160 for a Victims of Crime levy.
The conviction and fine is the first successful prosecution under the legislation brought in by the state government in 2015.
This offence carries a maximum penalty of $10,000.
EPA Chief Executive Tony Circelli said this case highlights the need to stamp out the use of tanning beds for a profit and sends a strong message to the community.
“This activity is illegal because of its potential to have serious health problems to people who are frequently exposed to the radiation that is emitted from sunbeds,” Mr Circelli said.
He said the health risks of UV radiation exposure from sunbeds is backed up by Cancer Council SA and the Australasian College of Dermatologists.
Cancer Council SA Chief Executive Lincoln Size said he was concerned that there are people who are willing to profit at the expense of other’s health through the commercial use of solariums despite the ban.
“There is no such thing as a safe way to use a solarium and we commend the EPA on enforcing this important regulation,” he said.
“We’ll continue to work with the EPA for the message on the dangers of solarium use gets through.”
