Public Health Department (PHD)

 

Body Art

The Safe Body Art Act

Tattoo, Body Piercing, and

Permanent Cosmetics Regulations


 

 

Governor Brown signed into law the Safe Body Art Act in 2011.  An update of the law, AB 1168, became effective on January 1, 2014.  Body art facilities are required to obtain a health permit, and new facilities go through a plan check process prior to opening.  Practitioners must provide proof of Hepatitis B vaccination, immunity or a statement of vaccination declination along with a photo ID to verify they are 18 or older and register annually with the local enforcement agency.  In addition to current requirements for spore testing, a Class V Integrator must be placed within each autoclave load, and results properly logged.  Performing body art without being registered, operating a body art facility or temporary event without a health permit, tattooing a minor, or piercing a minor without written parental consent are misdemeanors.  The local enforcement agency may also assess administrative penalties $25 to $1,000 per violation. 

 

RECALL

Voluntary Recall of Tattoo Inks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RESOURCES

 

 

      Body Art

      Piercing and Tattoos

      Preventing Needlestick Injuries

    Click on this link to view the full text   of AB 1168, as enacted.

     "Think before you ink"

     Hepatitis B Declination Form

     Example Floor Plan

     Approved Bloodborne Pathogen  Training Courses

Online Bloodborne Pathogen Training

 

  

 Tattoo Machine

 

The California Health and Safety Code (H&SC), sections 119300 - 119328 requires that those engaged in the business of tattooing, body piercing and permanent cosmetics do all of the following:

  1. The owner of the body art facility must obtain an annual health permit to operate.  A body art facility that does not first obtain a permit is subject to immediate closure and can be fined. 
  2. Practitioners must register annually with the local enforcement agency.
  3. A proposed new facility must submit plans for review and approval prior to opening for business.
  4. Tattoo and permanent make-up applications are restricted to individuals 18 years of age and older, regardless of parental consent.  Individuals younger than 18 years may be pierced only with a legal guardian present.  A body art facility may refuse to perform body piercing on a minor, regardless of parental consent. 
  5. Practitioners must provide proof of Hepatitis B vaccination, immunity or statement of vaccination declination, certificate of completion of OSHA Blood Borne Pathogen Training within the previous twelve months, and verification that he or she is 18 years of age or older.
  6. A practitioner registered in a different jurisdiction, may work for no more than 5 consecutive days or a total of 15 days in a calendar year in Santa Barbara County without registering through Environmental Health Services (EHS).  However, proof of that registration must be provided to EHS prior to working in this county.
  7. For each autoclave load, a Class V integrator must be included and results recorded in the written sterilization log.
  8. If a practitioner performs body art in a vehicle, a health permit is required.
  9. Vehicles operating for less than 7 days in a 90-day period as part of a temporary body art event, will be treated as a temporary body art facility and must meet the requirements of a temporary demonstration booth.
  10. Performing body art without being registered, operating a body art facility without a health permit, or operating a temporary body art facility without a health permit are misdemeanors and may result in administrative fines from $25 to $1000 per violation.

 

EXEMPTIONS: The law allows EHS to exempt those individuals or businesses who only perform ear lobe piercing with a mechanical device that forces a single-use stud or solid needle through the lobe of the ear.  Also exempt are duly licensed physicians and surgeons.

 

ENFORCEMENT: In addition to the penalties available pursuant Section 119323, an owner who operates a body art facility without a permit issued by a local enforcement agency or otherwise violates this subdivision shall be subject to the closure of the facility and a penalty not to exceed three times the cost of the permit.

Similar to restrictions for procedures on minors under the new H&S Code Section 119302, the California Penal Code Section 652 indicates that any person who performs or offers to perform body piercing upon a person under the age of 18 years commits an infraction, unless the body piercing is performed in the presence of, or as directed by a notarized writing by, the person’s parent or guardian. Section 653 of the Penal Code states that regardless of parental consent, every person who tattoos or offers to tattoo a person under the age of 18 years is guilty of a misdemeanor.

 

HOW DO I REGISTER?
Application forms for practitioner registration or facility health permits are available at either Environmental Health Services office. All questions on the form must be answered to the best of your ability in legible print. You may also print a 
registration form from the Environmental Health Services website.  Facilities should apply at least 60 days prior to opening to allow time for plan check review and pre-opening inspection.  Practitioners are reminded to include proof of Hepatitis B vaccination, immunity or statement of vaccination declination, completion of OSHA Blood Borne Pathogen Training, and verification that he or she is 18 years of age or older.  Application fees must be included before permits will be processed.  Please make checks payable to Santa Barbara County Environmental Health Services.

 

     

     

 

 

 

 

 

 

 

 

 
 
 

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Environmental Health Services

225 Camino del Remedio, Santa Barbara, CA 93110 Telephone 805-681-4900 •  Fax 805-681-4901
2125 Centerpointe Parkway, Rm. 333, Santa Maria, CA 93455, Telephone 805-346-8460 •  Fax 805-346-8485
Email: phdehsweb@sbcphd.org