N.J. Admin. Code § 8:27-2.6

Current through Register Vol. 56, No. 23, December 2, 2024

Section 8:27-2.6 - Prohibitions

(a) Operators shall ensure that the following prohibited activities do not occur at a body art or ear-piercing establishment:

1. The implantation of any object under the skin;

2. The performance of scarification or the removal of pigment by laser;

3. The performance of a body art or ear-piercing procedure upon a minor without the presence, written consent, and proper identification of a parent or legal guardian, unless the minor provides a court order declaring the minor to be an emancipated minor;

4. The performance of genital piercing upon a minor, regardless of parental consent;

5. The use of a high-impact stud-and-clasp piercing system on the trailing edge of the ear or at any body location other than the earlobe;

6. The operation of a body art or ear-piercing establishment other than in accordance with the applicable requirements of this chapter; and

7. The performance of body art or ear piercing in an establishment, unless the operator or a responsible person is present on the premises and supervising the establishment, provided:

i. Notwithstanding the operator's designation of a responsible person, the operator retains responsibility for compliance and liability associated with any action or inaction on the part of the responsible person.

(b) The following constitute the unlawful practice of body art and are subject to the enforcement proceedings, civil penalties, and other applicable remedies, as provided at (c) below:

1. Advertisement or performance of a body art or ear-piercing procedure for which this chapter requires an operator's license by a person who does not have an operator's license or whose license is not in effect and good standing; and

2. The performance by any person, regardless of licensure status, of any activity prohibited pursuant to (a) above.

(c) A person who commits an act prohibited pursuant to (a) above or engages in the unlawful practice of body art pursuant to (b) above is subject to the enforcement actions established at N.J.A.C. 8:27-11, civil penalties, as provided at N.J.S.A. 26:1A-10, and other applicable remedies, sanctions, and/or injunctive relief provided by law.

N.J. Admin. Code § 8:27-2.6

Amended by 54 N.J.R. 1392(a), effective 7/18/2022