Bill Text: NJ A940 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits application of certain temporary tattoos. *
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Engrossed - Dead) 2010-06-21 - Received in the Senate, Referred to Senate Commerce Committee [A940 Detail]
Download: New_Jersey-2010-A940-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblywoman CHARLOTTE VANDERVALK
District 39 (Bergen)
Assemblyman JON M. BRAMNICK
District 21 (Essex, Morris, Somerset and Union)
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblywoman NELLIE POU
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblywoman Spencer and Assemblyman Johnson
SYNOPSIS
Prohibits application of certain temporary "black" or "blue" henna tattoos.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain temporary tattoos and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Body art establishment" means any place or premises, temporary or permanent in nature or location, where temporary tattoos are administered.
"Commissioner" means the Commissioner of Health and Senior Services.
"Temporary tattoo" means a method of placing a design on the skin with a non-permanent substance.
2. No body art establishment engaged in administering temporary tattoos shall:
a. Apply any temporary "black or blue henna" tattoo in which paraphenylendiamine is an ingredient;
b. Apply any temporary tattoo to the skin without first providing the consumer with a written notification form, in a manner to be established by the commissioner, advising the consumer of the potential risks of temporary tattoos. The notification form required by this subsection shall be signed by the consumer prior to the application of any temporary tattoo; or
c. Knowingly apply a temporary tattoo to a minor under the age of 18 years without first obtaining the written permission of the minor's parent or legal guardian or, if neither exists, a person who stands in place of a parent.
3. A person who violates the provisions of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be subject to the penalties established pursuant to section 10 of P.L.1947, c.177 (C.26:1A-10).
4. The commissioner shall, in consultation with the Public Health Council, adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and section 7 of P.L.1947, c.177 (C.26:1A-7), necessary to effectuate the provisions of this act.
5. This act shall take effect on the first day of the fourth month following enactment.
STATEMENT
This bill prohibits body art establishments from applying temporary tattoos containing paraphenylendiamine (PPD) which are used to create "black or blue henna" tattoos.
In addition, the bill requires body art establishments to provide the consumer with a written notification form advising the consumer of the potential risks of temporary tattoos. The notification form must be signed by the consumer, or, in the case of a minor, the parent or legal guardian, prior to the application of any temporary tattoo.
Traditional henna tattoos are made of a plant substance that when applied to the skin are reddish to light brown in color and last no more than two to three weeks. This form of temporary body art has been around for thousands of years, however certain forms of henna are not approved by the Food and Drug Administration for direct contact with the skin.
Recently, temporary "black or blue henna" tattoos have gained popularity. Temporary "black or blue henna" tattoos, if the ingredient PPD is used, can unknowingly create permanent health concerns and scarring. Long term effects, depending on exposure, include severe dermatitis, eye irritation and tearing, asthma, gastritis, renal failure, vertigo, tremors, convulsions, and coma in humans. The ingredient can be found in hair dye products, in textile or fur dyes, photographic developer, printing inks, black rubber, oils, greases and gasoline. According to the Food and Drug Administration, the only legal consumer use of PPD in cosmetics is as a hair dye and is not approved for direct application to the skin.
Under the bill, a person who violates its provisions is subject to the penalties outlined for violations of the State Sanitary Code. As such, each violation constitutes a separate offense, punishable by a fine of $50 to $1,000, recoverable via a civil action.
