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.
- Body Art
- Piercing and Tattoos
- Preventing Needlestick Injuries
- Organizations involved in
identifying bloodborne pathogen exposure risks in the body art industry.
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
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:
- 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.
- Practitioners must register annually with the local enforcement agency.
- A proposed new facility must submit plans for review and approval prior to opening for business.
- 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.
- 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.
- 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.
- For each autoclave load, a Class V integrator must be included and results recorded in the written sterilization log.
- If a practitioner performs body art in a vehicle, a health permit is required.
- 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.
- 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.