1     
BODY ART FACILITY AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ashlee Matthews

5     
Senate Sponsor: Karen Kwan

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions related to body art facilities.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires the Department of Health and Human Services to promulgate minimum
14     rules of sanitation for body art facilities; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          26B-7-401, as renumbered and amended by Laws of Utah 2023, Chapter 308
23          26B-7-402, as renumbered and amended by Laws of Utah 2023, Chapter 308
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 26B-7-401 is amended to read:
27          26B-7-401. Definitions.
28          As used in this part:
29          (1) "Agricultural tourism activity" means the same as that term is defined in Section
30     78B-4-512.
31          (2) "Agritourism" means the same as that term is defined in Section 78B-4-512.
32          (3) "Agritourism food establishment" means a non-commercial kitchen facility where
33     food is handled, stored, or prepared to be offered for sale on a farm in connection with an
34     agricultural tourism activity.
35          (4) "Agritourism food establishment permit" means a permit issued by a local health
36     department to the operator for the purpose of operating an agritourism food establishment.
37          (5) "Back country food service establishment" means a federal or state licensed back
38     country guiding or outfitting business that:
39          (a) provides food services; and
40          (b) meets department recognized federal or state food service safety regulations for
41     food handlers.
42          (6) "Body art facility" means a facility where an individual practices or instructs:
43          (a) body piercing;
44          (b) branding;
45          (c) permanent cosmetics;
46          (d) scarification; or
47          (e) tattooing.
48          (7) (a) "Body piercing" means any method of piercing the skin or mucosa to place
49     jewelry through the skin or mucosa.
50          (b) "Body piercing" does not include ear piercing.
51          (8) "Branding" means the process in which a mark is burned, with or without heated
52     metal, into human tissue with the intention of leaving a permanent mark.
53          [(6)] (9) "Certified food safety manager" means a manager of a food service
54     establishment who:
55          (a) passes successfully a department-approved examination;
56          (b) successfully completes, every three years, renewal requirements established by
57     department rule consistent with original certification requirements; and
58          (c) submits to the appropriate local health department the documentation required by
59     Section 26B-7-412.
60          (10) "Ear piercing" means the puncturing of the lobe of the ear with piercing
61     equipment to insert stud-and-clasp jewelry according to the directions provided by the piercing
62     equipment's manufacturer.
63          [(7)] (11) "Farm" means a working farm, ranch, or other commercial agricultural,
64     aquacultural, horticultural, or forestry operation.
65          [(8)] (12) "Food" means:
66          (a) a raw, cooked, or processed edible substance, ice, nonalcoholic beverage, or
67     ingredient used or intended for use or for sale, in whole or in part, for human consumption; or
68          (b) chewing gum.
69          [(9)] (13) "Food service establishment" means any place or area within a business or
70     organization where potentially hazardous foods, as defined by the department under Section
71     26B-7-410, are prepared and intended for individual portion service and consumption by the
72     general public, whether the consumption is on or off the premises, and whether or not a fee is
73     charged for the food.
74          (14) "Microblading" means a procedure where a hand tool with a blade formed of tiny
75     needles implants permanent or semi-permanent pigment, resembling hair, into the skin of the
76     eyebrow area with fine and short strokes.
77          [(10)] (15) (a) "Microenterprise home kitchen" means a non-commercial kitchen
78     facility located in a private home and operated by a resident of the home where ready-to-eat
79     food is handled, stored, prepared, or offered for sale.
80          (b) "Microenterprise home kitchen" does not include:
81          (i) a catering operation;
82          (ii) a cottage food operation;
83          (iii) a food truck;
84          (iv) an agritourism food establishment;
85          (v) a bed and breakfast; or
86          (vi) a residence-based group care facility.
87          [(11)] (16) "Microenterprise home kitchen permit" means a permit issued by a local
88     health department to the operator for the purpose of operating a microenterprise home kitchen.
89          (17) (a) "Permanent cosmetics" means a permanent or semi-permanent tattoo:
90          (i) to the eyebrows, eyelids, lips, or other parts of the body for beauty marks, hair
91     imitation, lash enhancement, or areola repigmentation; and
92          (ii) performed by an individual not licensed under Title 58, Chapter 67, Utah Medical
93     Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
94          (b) "Permanent cosmetics" includes permanent makeup, micropigmentation,
95     micropigment implantation, microblading, dermagraphics, or cosmetic tattooing.
96          [(12)] (18) "Ready-to-eat" means:
97          (a) raw animal food that is cooked;
98          (b) raw fruits and vegetables that are washed;
99          (c) fruits and vegetables that are cooked for hot holding;
100          (d) a time or temperature control food that is cooked to the temperature and time
101     required for the specific food in accordance with rules made by the department in accordance
102     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
103          (e) a bakery item for which further cooking is not required for food safety.
104          (19) "Scarification" means the process in which a mark is cut into human skin tissue
105     with the intent of leaving a permanent mark.
106          [(13)] (20) "Time or temperature control food" means food that requires time or
107     temperature controls for safety to limit pathogenic microorganism growth or toxin formation.
108          Section 2. Section 26B-7-402 is amended to read:
109          26B-7-402. Minimum rules of sanitation established by department.
110          The department shall establish and enforce, or provide for the enforcement of minimum
111     rules of sanitation necessary to protect the public health[. Such rules shall include, but not be
112     limited to,], including rules necessary for the design, construction, operation, maintenance, or
113     expansion of:
114          (1) [restaurants and all places] a restaurant or a place where food or drink is handled,
115     sold, or served to the public;
116          (2) a public swimming [pools] pool;
117          (3) a public [baths including saunas, spas, massage parlors, and suntan parlors] bath,
118     including a sauna, spa, or massage facility;
119          (4) a public bathing [beaches] beach;
120          (5) [schools which are publicly or privately owned or operated] a public or private
121     school;
122          (6) a recreational [resorts, camps, and vehicle parks] resort, camp, or other vehicle
123     park;
124          (7) an amusement [parks and all other centers and places] park or other center or place
125     used for public gatherings;
126          (8) a mobile home [parks and] park and highway rest [stops] stop;
127          (9) a construction or labor [camps] camp;
128          (10) [jails, prisons and other places] a jail, prison, or other place of incarceration or
129     confinement;
130          (11) [hotels and motels] a hotel or motel;
131          (12) [lodging houses and boarding houses] a lodging house or boarding house;
132          (13) [service stations] a service station;
133          (14) [barbershops and beauty shops] a barber shop or beauty shop, including a facility
134     in which one or more individuals are engaged in:
135          (a) any of the practices licensed under Title 58, Chapter 11a, Cosmetology and
136     Associated Professions Licensing Act; or
137          (b) styling hair in accordance with the exemption from licensure described in Section
138     58-11a-304(13);
139          (15) [physician and dentist offices] a physician or dentist office;
140          (16) [public buildings and grounds] a public building or ground;
141          (17) [public conveyances and terminals; and] a public conveyance or terminal;
142          (18) a commercial tanning [facilities.] facility; and
143          (19) a body art facility.
144          Section 3. Effective date.
145          This bill takes effect on May 1, 2024.