reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 4 - Indoor Air Quality › ARTICLE 1 - California Indoor Clean Air Act of 976 › Section 118915.

118915. (a)  Except as provided in subdivision (b), no person shall smoke any tobacco product in any retail food production and marketing establishment, as defined in Section 28802, during the hours the establishment is open to the public.
(b)  The provisions of subdivision (a) shall not apply to that portion of an establishment subject to Section 118900 nor to an area of an establishment set aside for employee smoking and not open to the public.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 4 - Indoor Air Quality › ARTICLE 2 - Smoking in Private and Public Transportation › Section 118920.

118920. (a)  The Legislature hereby finds and declares that the United States Surgeon General’s 1986 Report on the Health Consequences of Involuntary Smoking conclude all of the following:
(1)  Involuntary smoking is a cause of disease, including lung cancer, in healthy nonsmokers.
(2)  The children of parents who smoke compared with the children of nonsmoking parents have an increased frequency of respiratory infections, increased respiratory symptoms, and slightly smaller rates of increase in lung function as the lungs mature.
(3)  The simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to environmental tobacco smoke.
(b)  The Legislature further finds and declares the following:
(1)  Nonsmokers have no adequate means to protect themselves from the damage inflicted upon them when they involuntarily inhale tobacco smoke.
(2)  Regulation of smoking in public places is necessary to protect the health, safety, welfare, comfort, and environment of nonsmokers.
(c)  It is, therefore, the intent of the Legislature, in enacting this article, to eliminate smoking on public transportation vehicles.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 4 - Indoor Air Quality › ARTICLE 2 - Smoking in Private and Public Transportation › Section 118925.

118925. (a) (1) It is unlawful for any person to smoke a tobacco product in any vehicle of a passenger stage corporation, the National Railroad Passenger Corporation (Amtrak) except to the extent permitted by federal law, in any aircraft except to the extent permitted by federal law, on a public transportation system, as defined by Section 99211 of the Public Utilities Code, or in any vehicle of an entity receiving any transit assistance from the state.
(2) (A) For purposes of this subdivision, “smoke” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.
(B) For purposes of this subdivision, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.
(b) It is unlawful for any person to smoke any plant product other than a tobacco product in any vehicle of a passenger stage corporation, the National Railroad Passenger Corporation (Amtrak) except to the extent permitted by federal law, in any aircraft except to the extent permitted by federal law, on a public transportation system, as defined by Section 99211 of the Public Utilities Code, or in any vehicle of an entity receiving any transit assistance from the state.
(Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 19. (SB 5 2x) Effective June 9, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 4 - Indoor Air Quality › ARTICLE 2 - Smoking in Private and Public Transportation › Section 118930.

118930. A notice prohibiting smoking, displayed as a symbol and in English, shall be posted in each vehicle or aircraft subject to this article.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 4 - Indoor Air Quality › ARTICLE 2 - Smoking in Private and Public Transportation › Section 118935.

118935. (a)  Every person and public agency providing transportation services for compensation, including, but not limited to, the National Railroad Passenger Corporation (Amtrak) to the extent permitted by federal law, passenger stage corporations, and local agencies that own or operate airports, shall designate and post, by signs of sufficient number and posted in locations that may be readily seen by persons within the area, a contiguous area of not less than 75 percent of any area made available by the person or public agency as a waiting room for these passengers where the smoking of tobacco is prohibited. Not more than 25 percent of any given area may be set aside for smokers.
(b)  Every person or public agency subject to subdivision (a) shall also post, by sign of sufficient number and posted in locations as to be readily seen by persons within the area of any building where tickets, tokens, or other evidences that a fare has been paid for transportation services that are provided by the person or public agency, a notice that the smoking of tobacco by persons waiting in line to purchase the tickets, tokens, or other evidences that a fare has been paid is prohibited.
(c)  It is unlawful for any person to smoke in an area posted pursuant to this section.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 4 - Indoor Air Quality › ARTICLE 2 - Smoking in Private and Public Transportation › Section 118940.

118940. This article does not preempt any local ordinance on the same subject where a local ordinance is more restrictive to the benefit of the nonsmoker.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 4 - Indoor Air Quality › ARTICLE 2 - Smoking in Private and Public Transportation › Section 118945.

118945. Any violation of this article is an infraction punishable by a fine not exceeding one hundred dollars ($100) for a first violation, by a fine not exceeding two hundred dollars ($200) for a second violation within one year, or by a fine not exceeding five hundred dollars ($500) for a third and for each subsequent violation within one year.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 4 - Indoor Air Quality › ARTICLE 2.5 - Smoking in Motor Vehicles › Section 118947.

118947. This act shall be known, and may be cited, as the Marco Firebaugh Memorial Children’s Health and Safety Act of 2007.
(Added by Stats. 2007, Ch. 425, Sec. 1. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 4 - Indoor Air Quality › ARTICLE 2.5 - Smoking in Motor Vehicles › Section 118948.

118948. (a) It is unlawful for a person to smoke a tobacco product in a motor vehicle, whether in motion or at rest, in which there is a minor.
(b) For purposes of this section, “smoke” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.
(c) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.
(d) A violation of this section is an infraction punishable by a fine not exceeding one hundred dollars ($100) for each violation.
(Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 20. (SB 5 2x) Effective June 9, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 4 - Indoor Air Quality › ARTICLE 2.5 - Smoking in Motor Vehicles › Section 118949.

118949. A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is in violation of this article.
(Added by Stats. 2007, Ch. 425, Sec. 1. Effective January 1, 2008.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 5 - Electrical Hazards › Section 119075.

119075. (a)  The Legislature intends to prevent electricity generated by permanent or portable electric generators from backfeeding into a utility electrical distribution system by the enactment of this chapter.
(b)  Any portable electrical generator that is capable of being connected temporarily to a customer’s electrical system, that is normally supplied by an electrical corporation or state or local public agency, shall be connected only after opening the customer’s main switch so as to isolate the customer’s electrical system from that of the electrical corporation or state or local agency.
(c)  Any electrical generator, other than a generator designed to run in parallel with the system of the serving utility and approved by that utility, that is capable of being permanently connected to a customer’s electrical system shall be connected only by means of a double throw switch so as to isolate the customer’s electrical system from that of the electrical corporation or state or local agency.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 5 - Electrical Hazards › Section 119080.

119080. (a)  Every manufacturer of a portable or permanent electrical generator that is capable of being connected either permanently or temporarily to a commercial, industrial, or residential structure’s electrical system, shall include a warning statement in the generator’s instruction manual and a legible warning label on the generator that states the requirement of Section 119075 and explains the electrical hazards of backfeed into a utility’s distribution system. The same warning information shall be included in all advertisements offering portable electric generators.
(b)  No person or public agency shall sell, rent to another person or public agency, or offer for sale or rent to another person or public agency a portable electrical generator unless the legible warning label is on a visible surface of the generator.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 5 - Electrical Hazards › Section 119085.

119085. (a)  Every public utility or utility district shall notify all electrical service customers of the electrical backfeed hazards of portable and permanent electric generators.
(b)  Any owner, renter, or lessee who possesses and operates an electric generator, when the generator is connected to a commercial, industrial, or residential structure’s electrical system that is connected to the service of a public utility or utility district, shall notify the utility of the location of the generator.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 5 - Electrical Hazards › Section 119090.

119090. (a)  Any person who violates Sections 119075 to 119085, inclusive, is guilty of a misdemeanor, and subject to a fine of not more than five hundred dollars ($500) or not more than six months’ imprisonment.
(b)  For purposes of this section, “person” shall not include public agencies, officers or employees of public agencies, or public utilities.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 6 - Chlorofluorocarbons › Section 119150.

119150. (a)  On and after October 15, 1978, no person shall manufacture in this state a saturated chlorofluorocarbon not containing hydrogen for use as an aerosol propellant in a can, canister, or other container.
(b)  On and after December 15, 1978, no person shall manufacture in this state any can, canister, or other container that is intended to utilize an aerosol propellant chemically composed, in whole or in part, of a saturated chlorofluorocarbon not containing hydrogen.
(c)  On and after April 15, 1979, no person shall sell in this state any can, canister, or other container that utilizes an aerosol propellant chemically composed, in whole or in part, of a saturated chlorofluorocarbon not containing hydrogen.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 6 - Chlorofluorocarbons › Section 119155.

119155. Notwithstanding the foregoing provisions of this chapter, nothing in this chapter shall preclude the manufacture or sale of saturated chlorofluorocarbons not containing hydrogen for any of the uses exempted in currently proposed federal regulations, to be modified as the federal regulations are modified.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 6 - Chlorofluorocarbons › Section 119160.

119160. Subdivisions (a) and (b) of Section 119150 shall be superseded by the enactment or adoption of any federal law or regulation prohibiting the manufacture of any aerosol product utilizing saturated chlorofluorocarbons not containing hydrogen and prohibiting the manufacture of saturated chlorofluorocarbons not containing hydrogen for use as an aerosol propellant in a can, canister, or other container.
(Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 7 - Body Art › ARTICLE 1 - General Provisions › Section 119300.

119300. (a) This chapter shall be known, and may be cited, as the Safe Body Art Act.
(b) The purpose of this chapter is to provide minimum statewide standards for the regulation of persons engaged in the business or performance of tattooing, body piercing, branding, and the application of permanent cosmetics in California. These requirements are intended to protect both the practitioner and the client from transmission of infectious diseases through the application of proper body art procedures and the control of cross-contamination of instruments and supplies.
(Amended by Stats. 2013, Ch. 555, Sec. 1. (AB 1168) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 7 - Body Art › ARTICLE 2 - Restrictions on the Performance of Body Art › Section 119302.

119302. (a) Pursuant to Section 653 of the Penal Code, a client shall be at least 18 years of age to be offered or to receive a tattoo or permanent cosmetics application, regardless of parental consent.
(b) Pursuant to Section 652 of the Penal Code, persons under 18 years of age shall not be offered or receive a body piercing unless the piercing is performed in the presence of his or her parent or guardian.
(c) A client shall be at least 18 years of age to be offered or to receive a branding, regardless of parental consent.
(d) The piercing or application of permanent cosmetics to the nipples or genitals of a minor is prohibited. The application of permanent cosmetics to the nipples of a minor is authorized when applied by a registered permanent cosmetic technician with the consent of the minor’s parent or guardian and as directed by a physician.
(e) A body art facility may refuse to perform body piercing on a minor, regardless of parental or guardian consent.
(Repealed and added by Stats. 2011, Ch. 638, Sec. 2. (AB 300) Effective January 1, 2012. Operative July 1, 2012, by Sec. 3 of Ch. 638.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 7 - Body Art › ARTICLE 2 - Restrictions on the Performance of Body Art › Section 119303.

119303. (a) Prior to the performance of body art, the client shall read, complete, and sign an informed consent form that shall include, but not be limited to, all of the following information:
(1) A description of the procedure.
(2) A description of what the client should expect following the procedure, including suggested care and any medical complications that may occur as a result of the procedure.
(3) A statement regarding the permanent nature of body art.
(4) Notice that tattoo inks, dyes, and pigments have not been approved by the federal Food and Drug Administration and that the health consequences of using these products are unknown.
(5) Postprocedure instructions that include all of the following:
(A) Information on the care of the procedure site.
(B) Restrictions on physical activities such as bathing, recreational water activities, gardening, or contact with animals, and the duration of the restrictions.
(C) Signs and symptoms of infection, including, but not limited to, redness, swelling, tenderness of the procedure site, red streaks going from the procedure site towards the heart, elevated body temperature, or purulent drainage from the procedure site.
(D) Signs and symptoms that indicate the need to seek medical care.
(b) Prior to the performance of body art, the client shall receive, complete, and sign a questionnaire that includes all of the following information:
(1) Whether the client may be pregnant.
(2) Whether the client has a history of herpes infection at the proposed procedure site, diabetes, allergic reactions to latex or antibiotics, hemophilia or other bleeding disorder, or cardiac valve disease.
(3) Whether the client has a history of medication use or is currently using medication, including being prescribed antibiotics prior to dental or surgical procedures.
(4) Other risk factors for bloodborne pathogen exposure.
(c) All information gathered from the client that is personal medical information and that is subject to the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) or similar state laws shall be maintained or disposed of in compliance with those provisions.
(Amended by Stats. 2013, Ch. 555, Sec. 3. (AB 1168) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 7 - Body Art › ARTICLE 2 - Restrictions on the Performance of Body Art › Section 119304.

119304. This chapter does not restrict the activities of a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code or a physician assistant licensed under Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code. Nothing in this chapter authorizes a practitioner to perform activities that are restricted under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code.
(Repealed and added by Stats. 2011, Ch. 638, Sec. 2. (AB 300) Effective January 1, 2012. Operative July 1, 2012, by Sec. 3 of Ch. 638.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 7 - Body Art › ARTICLE 3 - Practitioner Registration › Section 119306.

119306. (a) A person shall not perform body art at any location other than a permitted permanent or temporary body art facility.
(b) A person shall not perform body art if he or she is not registered with the local enforcement agency.
(c) As a condition of registration, the applicant shall provide all of the following:
(1) Evidence of current hepatitis B vaccination, including applicable boosters, unless the practitioner can demonstrate hepatitis B immunity or has complied with current federal OSHA hepatitis B vaccination declination requirements.
(2) Evidence of completion of OSHA Bloodborne Pathogen Training consistent with Section 119307 and pursuant to paragraph (2) of subdivision (g) of Section 5193 of Title 8 of the California Code of Regulations or its successor.
(3) Proof that he or she is 18 years of age or older.
(4) Self-certification of, knowledge of, and commitment to meet state law and relevant local regulations pertaining to body art safety.
(5) His or her business address and the address at which he or she will perform any activity regulated by this chapter.
(6) Payment of a registration fee directly to the local enforcement agency. The local enforcement agency shall set the fee at an amount not to exceed the amount necessary but that is sufficient to cover the actual costs of administering the program.
(d) A practitioner shall display, in a place readily visible to the public at the body art facility where the practitioner is performing body art, the certificate confirming registration with the local enforcement agency in the jurisdiction in which that practice is conducted.
(e) A valid and current registration issued by a local enforcement agency shall be valid in any other jurisdiction for no more than five consecutive days, or 15 days total, in any one calendar year.
(f) Practitioner registration shall be renewed annually by a process to be determined by the local enforcement agency.
(g) A practitioner shall obtain all necessary permits to conduct business, including, but not limited to, being registered with the local enforcement agency. In addition to the penalties available pursuant to Article 6 (commencing with Section 119320), a practitioner who violates this subdivision shall be subject to suspension and a penalty not to exceed three times the cost of registration.
(Amended by Stats. 2013, Ch. 555, Sec. 4. (AB 1168) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 7 - Body Art › ARTICLE 3 - Practitioner Registration › Section 119308.

119308. (a) Before performing body art, the practitioner shall do all of the following:
(1) Wash and dry his or her hands consistent with sound hygienic practices.
(2) Put on a clean apron, bib, or lap pad over clean, dry clothing.
(3) Put on personal protective equipment that is appropriate for the task.
(4) Don clean, previously unused, disposable examination gloves on both hands just prior to the procedure. Gloves shall be worn throughout the procedure. If gloves come into contact with an object or surface other than the client’s prepared skin or material to be used for the procedure, or if a glove is torn or punctured, both gloves shall be removed, hand hygiene performed, and new, clean, previously unused, disposable examination gloves shall be donned. If gloves are removed for any reason during a procedure, hand hygiene shall be performed prior to donning new, clean, previously unused, disposable examination gloves.
(5) If the skin at the procedure site is to be shaved, the skin shall be first washed with soap and water. A single-use, disposable razor shall be used to shave the procedure site and then discarded into a sharps container.
(6) Immediately prior to performing the body art, the client’s skin shall be prepared with an antiseptic solution, antimicrobial, or microbicide, according to manufacturer’s instructions. The item used for application shall be discarded after use.
(b) At the completion of the procedure, the practitioner shall do all of the following:
(1) Answer questions regarding the procedure site.
(2) Provide postprocedure instructions.
(3) When covering a procedure site, use a sterile dressing.
(4) Place all used or discarded sharps waste in a sharps waste container.
(5) Wash and disinfect reusable instruments as provided in subdivisions (d) and (e) of Section 119309.
(6) Package and sterilize reusable instruments that may have come in contact with nonintact skin or mucosal surfaces.
(7) Clean and decontaminate the workstation and procedure area.
(Amended by Stats. 2013, Ch. 555, Sec. 6. (AB 1168) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 7 - Body Art › ARTICLE 3 - Practitioner Registration › Section 119309.

119309. (a) The practitioner shall maintain a clean and sanitary environment.
(b) All solid surfaces and objects in the procedure area and the decontamination and sterilization area that have come into contact with the client or the materials used in performing the body art, including, but not limited to, chairs, armrests, tables, countertops, and trays, shall be immediately cleaned and decontaminated after each use by application of a disinfectant, used according to manufacturer’s directions.
(c) The surfaces and objects in the procedure area shall be disinfected again before use if the area has been used for any activity following its previous disinfection.
(d) The practitioner shall wear disposable gloves on both hands when touching, decontaminating, or handling a surface, object, instrument, or jewelry that is soiled or that is potentially soiled with human blood.
(e) An instrument or other reusable item that comes into contact with nonintact skin or mucosal surfaces shall either be single use or be cleaned, decontaminated, packaged, and sterilized after each procedure. Sterilization shall be accomplished pursuant to the procedures established in Section 119315 by steam autoclave.
(f) An instrument or reusable item that does not come into contact with nonintact skin or mucosal surfaces shall be washed with a solution of soap and water, using a brush that is small enough to clean the interior surfaces, and decontaminated after each procedure.
(g) A reusable item that cannot be immediately washed, disinfected, and sterilized following completion of the body art procedure shall be placed in a basin of water with or without detergent.
(h) Sterile instrument packs shall be evaluated before use, and if the integrity of a pack is compromised in any way, including, but not limited to, being torn, punctured, wet, or having evidence of potential moisture contamination, the instrument pack shall be discarded or reprocessed before use.
(i) No food, drink, tobacco product, or personal effects are permitted in the procedure area. The practitioner shall not eat, drink, or smoke while performing a procedure. If a client requests to eat, drink, or smoke, the procedure shall be stopped and the procedure site shall be protected from possible contamination while the client leaves the procedure area to eat, drink, or smoke.
(j) Branding shall not be done with another client in the procedure area. During the procedure, the practitioner and the client shall wear appropriate protective face filter masks.
(Amended by Stats. 2013, Ch. 555, Sec. 7. (AB 1168) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 7 - Body Art › ARTICLE 3 - Practitioner Registration › Section 119310.

119310. (a) Jewelry placed in newly pierced skin shall be sterilized prior to piercing as specified in Section 119315 or shall be purchased presterilized. Sterile jewelry packs shall be evaluated before use and, if the integrity of a pack is compromised, including, but not limited to, being torn, wet, or punctured, the pack shall be discarded or reprocessed before use.
(b) Only jewelry made of ASTM F138, ISO 5832-1, and AISI 316L or AISI 316LVM implant grade stainless steel, solid 14-karat through 18-karat yellow or white gold, niobium, ASTM F 136 6A4V titanium, platinum, or other materials found to be equally biocompatible shall be placed in newly pierced skin.
(c) Ear piercing equipment with a disposable, single-use, presterilized stud and clasp may be used only for piercing the ear pursuant to Article 7 (commencing with Section 119325).
(d) If measuring the body piercing site is necessary, clean calipers shall be used and the skin marked using clean toothpicks and ink or a single-use marking pen.
(Amended by Stats. 2013, Ch. 555, Sec. 8. (AB 1168) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 7 - Body Art › ARTICLE 3 - Practitioner Registration › Section 119311.

119311. (a) A product applied to the skin prior to tattooing or application of permanent cosmetics, including, but not limited to, stencils and marking and transfer agents, including pens, shall be single use and discarded into a waste container at the end of the procedure unless the product can be disinfected for reuse.
(b) Only commercially manufactured inks, dyes, and pigments shall be used.
(c) Inks, pigments, soaps, and other products in multiple-use containers shall be dispensed in a manner to prevent contamination of the storage container and its remaining contents through the use of a single-use receptacle.
(d) Inks and pigments shall be placed into a clean, single-use receptacle. The inks and pigments remaining in the receptacle shall be discarded immediately upon completion of the procedure.
(e) If a tray is used for inks or pigments, it shall be decontaminated after each procedure.
(f) Only single-use needles and needle bars shall be used in tattooing and the application of permanent cosmetics. Needles and needle bars that are purchased in a nonsterilized state, shall be sterilized, pursuant to the process required by Section 119315.
(g) Needles, needle bars, grommets, and razors shall be discarded into a sharps waste container immediately upon completion of the procedure.
(h) Any part of a tattooing machine that may be touched by the practitioner during the procedure shall be covered with a disposable plastic sheath that is discarded upon completion of the procedure, and the machine shall be decontaminated upon completion of the procedure.
(i) A machine used to insert pigments shall be designed with removable tip parts between the tip and motor housing, and in a manner that will prevent backflow into enclosed parts of the motor housing.
(j) A hand tool used to insert pigment shall be disposed of in a sharps container, with the sharps intact, unless the needle can be mechanically ejected from the hand tool.
(Added by Stats. 2011, Ch. 638, Sec. 2. (AB 300) Effective January 1, 2012. Operative July 1, 2012, by Sec. 3 of Ch. 638.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 7 - Body Art › ARTICLE 4 - Permanent Body Art Facilities › Section 119312.

119312. (a) A body art facility shall not conduct business without a valid health permit.
(b) No body art facility shall allow a practitioner who does not possess a valid practitioner registration to perform body art procedures at the facility.
(c) An owner of a body art facility shall notify the local enforcement agency in writing within 30 days of the resignation, termination, or new hire of a body art practitioner at the body art facility.
(d) The application for a health permit for a body art facility shall include all of the following:
(1) A copy of the facility’s infection prevention control plan, as required by Section 119313.
(2) A fee, as set by the local enforcement agency at an amount not to exceed the amount necessary but that is sufficient to cover the actual costs of administration of the program. Fees established by this section shall be used exclusively in support of activities pursuant to this chapter.
(e) The local enforcement agency shall issue a health permit after an investigation has determined that the proposed body art facility and its method of operation meets the specifications of the approved plans or conforms to the requirements of this article.
(f) A health permit is valid only for the location of the facility and the time period indicated on the permit and may not be transferred to another owner or facility.
(g) The health permit shall be posted in a conspicuous place at the body art facility. Certificates of registration for all practitioners performing body art in that facility shall also be prominently displayed either near the health permit or at the individual practitioner’s procedure area if each practitioner has a designated area.
(h) A person proposing to construct a practice site or mobile practice site, other than a temporary body art event booth, shall submit plans to the Plan Review Unit of the local enforcement agency. The plans shall be approved in advance of the issuance of a building, plumbing, or electrical permit. All required corrections must be made and the body art facility approved to open before body art can be performed in the facility.
(i) Health permits shall be renewed annually through a process to be determined by the local enforcement agency.
(j) The county may suspend or revoke the permit of a body art facility if a person who does not possess a valid practitioner registration is allowed to perform body art.
(k) An owner who operates a body art facility shall obtain all necessary permits to conduct business, including, but not limited to, a permit issued by a local enforcement agency. In addition to the penalties available pursuant to Article 6 (commencing with Section 119320), an owner who 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.
(Amended by Stats. 2013, Ch. 555, Sec. 9. (AB 1168) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 7 - Body Art › ARTICLE 4 - Permanent Body Art Facilities › Section 119313.

119313. (a) A body art facility shall maintain and follow a written Infection Prevention and Control Plan, provided by the owner or established by the practitioners, specifying the procedures to achieve compliance with each applicable requirement of this chapter.
(b) The Infection Prevention and Control Plan shall include all of the following:
(1) Procedures for cleaning and decontaminating environmental surfaces.
(2) Procedures for cleaning, decontaminating, packaging, sterilizing, and storing reusable instruments.
(3) Procedures for protecting clean instruments and sterile instrument packs from exposure to dust and moisture during storage.
(4) A setup and teardown procedure for any form of body art performed at the body art facility.
(5) Techniques to prevent the contamination of instruments or the procedure site during the performance of body art.
(6) Procedures for safe handling and disposal of sharps waste.
(c) The Infection Prevention and Control Plan shall be revised when changes are made in infection prevention practices, procedures, or tasks.
(d) Onsite training on the facility’s Infection Prevention and Control Plan shall take place when tasks where occupational exposure may occur are initially assigned, any time there are changes in the procedures or tasks, and when new technology is adopted for use in the facility, but not less than once each year.
(e) Records of training required pursuant to this section shall be maintained for three years and shall be available for inspection upon request of the enforcement officer.
(Amended by Stats. 2013, Ch. 555, Sec. 10. (AB 1168) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 7 - Body Art › ARTICLE 4.5 - Mobile Body Art Facilities › Section 119316.

119316. (a) A mobile body art facility shall meet all the applicable requirements in Article 1 (commencing with Section 119300) to Article 4 (commencing with Section 119312), inclusive, and Article 6 (commencing with Section 119319), unless specifically exempted by this article.
(b) A mobile body art facility that is either a special purpose commercial modular and coach, as defined by Section 18012.5, or a commercial modular coach, as defined by Section 18001.8, shall be certified by the Department of Housing and Community Development, consistent with Chapter 4 (commencing with Section 18025) of Part 2 of Division 13, and regulations promulgated pursuant to that chapter.
(c) The Department of Motor Vehicles occupational licensing requirements, Division 5 (commencing with Section 11100) of the Vehicle Code, also apply to these mobile body art facilities.
(d) The local enforcement agency shall approve all equipment installation prior to operation.
(Amended by Stats. 2015, Ch. 303, Sec. 346. (AB 731) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 7 - Body Art › ARTICLE 4.5 - Mobile Body Art Facilities › Section 119316.1.

119316.1. A mobile body art facility shall have all of the following:
(a) A fixed hand wash sink in the procedure area for the exclusive use of the practitioner that meets all of the following requirements:
(1) Availability of containerized liquid soap and single-use paper towels that are dispensed from a wall-mounted, touchless dispenser.
(2) A pressurized supply of at least five gallons of potable water.
(3) Warm water.
(4) The sink measures at least nine inches wide, nine inches long, and five inches deep.
(b) All counter surfaces and service trays shall have a smooth, durable, and nonabsorbent finish.
(c) A waste water tank that shall be sized to be a minimum of 1.5 times the size of the potable water tank.
(Added by Stats. 2013, Ch. 555, Sec. 14. (AB 1168) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 7 - Body Art › ARTICLE 4.5 - Mobile Body Art Facilities › Section 119316.2.

119316.2. (a) All body art procedures shall be completed inside the mobile body art facility.
(b) The mobile body art facility’s doors and windows shall remain closed during procedures.
(c) Notwithstanding subdivision (b), a mobile body art facility may keep doors or windows open during a procedure only if the openings are covered by a screen constructed to cover the entirety of the opening that is the equivalent of a 16 mesh per square inch screen or better.
(Added by Stats. 2013, Ch. 555, Sec. 14. (AB 1168) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 7 - Body Art › ARTICLE 4.5 - Mobile Body Art Facilities › Section 119316.3.

119316.3. A mobile body art facility shall use only purchased disposable, single-use, presterilized instruments.
(Added by Stats. 2013, Ch. 555, Sec. 14. (AB 1168) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 7 - Body Art › ARTICLE 4.5 - Mobile Body Art Facilities › Section 119316.4.

119316.4. A mobile body art facility shall only be operated within 200 feet of an accessible restroom.
(Added by Stats. 2013, Ch. 555, Sec. 14. (AB 1168) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 7 - Body Art › ARTICLE 4.5 - Mobile Body Art Facilities › Section 119316.5.

119316.5. A mobile body art facility shall be used exclusively for performing body art and shall not be used as a living space or residence.
(Added by Stats. 2013, Ch. 555, Sec. 14. (AB 1168) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 7 - Body Art › ARTICLE 5 - Temporary Body Art Facilities › Section 119317.

119317. A practitioner may, in the local jurisdiction of registration, practice in a temporary demonstration booth for no more than seven days in a 90-day period. The demonstration booth shall meet all of the following requirements:
(a) Be located within a building that has hand washing facilities with hot and cold running water, soap, and single-use paper towels to which practitioners have direct access.
(b) Constructed with a partition of at least three feet in height separating the procedure area from the public.
(c) Have floor space of at least 50 square feet for each practitioner.
(d) Be free of insect or rodent infestation.
(e) Used exclusively for performing body art.
(f) Equipped with adequate light available at the level where the practitioner is performing body art.
(g) (1) For temporary body art events consisting of one demonstration booth, the booth shall be equipped with hand washing equipment that, at a minimum, consists of containerized liquid soap, single-use paper towels, a five-gallon or larger container of potable water accessible via spigot, and a wastewater collection and holding tank of corresponding size. Potable water shall be refilled and the holding tank evacuated frequently to provide uninterrupted use, or as determined by the local enforcement agency.
(2) For temporary body art events consisting of two or more demonstration booths, practitioner hand wash areas shall be provided throughout the event. The hand wash areas shall be located within a booth with partitions at least three feet in height separating the hand wash area from the public. The area shall be equipped with a commercial, self-contained hand wash station that consists of containerized liquid soap, single-use paper towels, a storage capacity of five gallons or more of potable water, and a trash receptacle. The sponsor shall provide one hand wash area for every two demonstration booths at the event.
(h) Have smooth, cleanable flooring.
(i) No food, drink, or tobacco products are permitted in the demonstration booth.
(j) Not allow animals within the confines of the demonstration booth.
(k) Be operating with all necessary permits to conduct business. In addition to the penalties available pursuant to Article 6 (commencing with Section 119320), a sponsor or practitioner who violates this subdivision shall be subject to closure of the temporary body art event or a penalty not to exceed three times the cost of the permit or both closure and the penalty.
(Amended by Stats. 2013, Ch. 555, Sec. 15. (AB 1168) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 7 - Body Art › ARTICLE 5 - Temporary Body Art Facilities › Section 119317.5.

119317.5. A local enforcement agency may establish a fee not to exceed the amount necessary, but that is sufficient to cover, the actual costs of the administration of Section 119317.
(Added by Stats. 2011, Ch. 638, Sec. 2. (AB 300) Effective January 1, 2012. Operative July 1, 2012, by Sec. 3 of Ch. 638.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 7 - Body Art › ARTICLE 6 - Enforcement › Section 119319.

119319. (a) An enforcement officer may enter a body art facility during the facility’s hours of operation and other reasonable times to do any of the following:
(1) Conduct inspections, issue citations, and secure samples, photographs, or other evidence from a body art facility, or any facility suspected of being a body art facility.
(2) Check the Infection Prevention and Control Plan, required pursuant to Section 119313, to determine if persons working in the facility are following the plan, and to determine if the plan is in compliance with this chapter.
(3) Secure as evidence documents, or copies of documents, including the Infection Prevention and Control Plan, or any record, file, paper, process, invoice, or receipt for the purpose of determining compliance with this chapter.
(b) A written report shall be made and a copy shall be supplied or mailed to the owner or practitioner at the completion of an inspection or investigation.
(c) Based upon inspection findings or other evidence, an enforcement officer may impound instruments that are found to be unsafe to use, used in an unapproved manner, or used in an unapproved location. Within 30 days, the local enforcement agency that has impounded the equipment shall commence proceedings to release the instrument or to seek administrative or legal remedy for its disposal.
(d) It is a violation of this chapter for the owner or a person working in a body art facility to do any of the following:
(1) Conceal records or evidence, or to withhold evidence.
(2) Interfere with the performance of the duties of an enforcement officer.
(3) Make a false statement, representation, certification, record, report, or otherwise falsify information required to be submitted or maintained pursuant to this chapter.
(Amended by Stats. 2013, Ch. 555, Sec. 17. (AB 1168) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 104 - ENVIRONMENTAL HEALTH › PART 15 - MISCELLANEOUS REQUIREMENTS › CHAPTER 7 - Body Art › ARTICLE 6 - Enforcement › Section 119320.

119320. (a) A certificate of registration or a health permit may be suspended by a local enforcement agency for a violation of this chapter.
(b) A body art facility or practitioner whose certificate of registration or health permit has been suspended shall cease doing business until the certificate or permit has been reinstated. Suspension of the registration of one practitioner in a body art facility does not affect the status of other practitioners in the facility unless the violation or violations are for conditions or equipment that affects the ability of all the practitioners in the facility to comply with the provisions of this chapter.
(c) A body art facility for which the health permit has been revoked shall close and remain closed until a new health permit has been issued.
(d) Whenever an enforcement officer finds that a practitioner or body art facility is not in compliance with the requirements of this chapter, the enforcement officer shall issue a notice to comply or a notice of violation to the registrant or permitholder setting forth the acts or omissions with which the registrant or permitholder is charged, and informing him or her of a right to a hearing, if requested, to show cause why the registration or permit should not be suspended or revoked.
(e) (1) A written request for a hearing shall be made by the registrant or permitholder within 15 calendar days after receipt of the notice.
(2) The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. Upon written request of the registrant or permitholder, the hearing officer may postpone a hearing date, if circumstances warrant the action.
(f) A failure to request a hearing within 15 calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing.
(g) The hearing officer shall issue a written notice of decision to the registrant or permitholder within five working days following the hearing. In the event of a suspension or revocation, the notice shall specify the acts or omissions with which the registrant or permitholder is charged, and shall state the terms of the suspension or that the registration or health permit has been revoked.
(h) A certificate of registration or health permit may be reinstated or a new certificate of registration or health permit issued if the local enforcement agency determines that the conditions that prompted the suspension or revocation no longer exist.
(Added by Stats. 2011, Ch. 638, Sec. 2. (AB 300) Effective January 1, 2012. Operative July 1, 2012, by Sec. 3 of Ch. 638.)