Bill Summary – FastDemocracy

Enrolled Copy                                                                            H.B. 403
                              BODY ART FACILITY AMENDMENTS
                                            2024 GENERAL SESSION
                                                 STATE OF UTAH
                                        Chief Sponsor: Ashlee Matthews Senate Sponsor: Karen Kwan
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  LONG TITLE
  General Description:
      This bill enacts provisions related to body art facilities.
  Highlighted Provisions:
      This bill:
      ▸ defines terms;
      ▸ requires the Department of Health and Human Services to promulgate minimum rules of
  sanitation for body art facilities; and
      ▸ makes technical changes.
  Money Appropriated in this Bill:
      None
  Other Special Clauses:
      None
  Utah Code Sections Affected:
  AMENDS:
      26B-7-401, as renumbered and amended by Laws of Utah 2023, Chapter 308
      26B-7-402, as renumbered and amended by Laws of Utah 2023, Chapter 308
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  Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 26B-7-401 is amended to read:
        26B-7-401 . Definitions.
    As used in this part:
  (1) "Agricultural tourism activity" means the same as that term is defined in Section
      78B-4-512.
  (2) "Agritourism" means the same as that term is defined in Section 78B-4-512.
  (3) "Agritourism food establishment" means a non-commercial kitchen facility where food
     H.B. 403                                                                                 Enrolled Copy
       is handled, stored, or prepared to be offered for sale on a farm in connection with an
       agricultural tourism activity.
   (4) "Agritourism food establishment permit" means a permit issued by a local health
       department to the operator for the purpose of operating an agritourism food
       establishment.
   (5) "Back country food service establishment" means a federal or state licensed back
       country guiding or outfitting business that:
       (a) provides food services; and
       (b) meets department recognized federal or state food service safety regulations for food
            handlers.
   (6) "Body art facility" means a facility where an individual practices or instructs:
       (a) body piercing;
       (b) branding;
       (c) permanent cosmetics;
       (d) scarification; or
       (e) tattooing.
   (7) (a) "Body piercing" means any method of piercing the skin or mucosa to place
       jewelry through the skin or mucosa.
       (b) "Body piercing" does not include ear piercing.
   (8) "Branding" means the process in which a mark is burned, with or without heated metal,
       into human tissue with the intention of leaving a permanent mark.
   [(6)] (9) "Certified food safety manager" means a manager of a food service establishment
       who:
       (a) passes successfully a department-approved examination;
       (b) successfully completes, every three years, renewal requirements established by
            department rule consistent with original certification requirements; and
       (c) submits to the appropriate local health department the documentation required by
            Section 26B-7-412.
   (10) "Ear piercing" means the puncturing of the lobe of the ear with piercing equipment to
       insert stud-and-clasp jewelry according to the directions provided by the piercing
       equipment's manufacturer.
   [(7)] (11) "Farm" means a working farm, ranch, or other commercial agricultural,
       aquacultural, horticultural, or forestry operation.
   [(8)] (12) "Food" means:
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     Enrolled Copy                                                                                    H.B. 403
      (a) a raw, cooked, or processed edible substance, ice, nonalcoholic beverage, or
          ingredient used or intended for use or for sale, in whole or in part, for human
          consumption; or
      (b) chewing gum.
  [(9)] (13) "Food service establishment" means any place or area within a business or
      organization where potentially hazardous foods, as defined by the department under
      Section 26B-7-410, are prepared and intended for individual portion service and
      consumption by the general public, whether the consumption is on or off the premises,
      and whether or not a fee is charged for the food.
  (14) "Microblading" means a procedure where a hand tool with a blade formed of tiny
      needles implants permanent or semi-permanent pigment, resembling hair, into the skin
      of the eyebrow area with fine and short strokes.
  [(10)] (15) (a) "Microenterprise home kitchen" means a non-commercial kitchen facility
      located in a private home and operated by a resident of the home where ready-to-eat
      food is handled, stored, prepared, or offered for sale.
      (b) "Microenterprise home kitchen" does not include:
          (i) a catering operation;
          (ii) a cottage food operation;
          (iii) a food truck;
          (iv) an agritourism food establishment;
          (v) a bed and breakfast; or
          (vi) a residence-based group care facility.
  [(11)] (16) "Microenterprise home kitchen permit" means a permit issued by a local health
      department to the operator for the purpose of operating a microenterprise home kitchen.
  (17) (a) "Permanent cosmetics" means a permanent or semi-permanent tattoo:
          (i) to the eyebrows, eyelids, lips, or other parts of the body for beauty marks, hair
              imitation, lash enhancement, or areola repigmentation; and
          (ii) performed by an individual not licensed under Title 58, Chapter 67, Utah Medical
              Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
      (b) "Permanent cosmetics" includes permanent makeup, micropigmentation,
          micropigment implantation, microblading, dermagraphics, or cosmetic tattooing.
  [(12)] (18) "Ready-to-eat" means:
      (a) raw animal food that is cooked;
      (b) raw fruits and vegetables that are washed;
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      H.B. 403                                                                                 Enrolled Copy
       (c) fruits and vegetables that are cooked for hot holding;
       (d) a time or temperature control food that is cooked to the temperature and time
            required for the specific food in accordance with rules made by the department in
            accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
       (e) a bakery item for which further cooking is not required for food safety.
   (19) "Scarification" means the process in which a mark is cut into human skin tissue with
       the intent of leaving a permanent mark.
   [(13)] (20) "Time or temperature control food" means food that requires time or temperature
       controls for safety to limit pathogenic microorganism growth or toxin formation.
         Section 2. Section 26B-7-402 is amended to read:
         26B-7-402 . Minimum rules of sanitation established by department.
     The department shall establish and enforce, or provide for the enforcement of
   minimum rules of sanitation necessary to protect the public health[. Such rules shall
   include, but not be limited to,] , including rules necessary for the design, construction,
   operation, maintenance, or expansion of:
   (1) [restaurants and all places] a restaurant or a place where food or drink is handled, sold,
       or served to the public;
   (2) a public swimming [pools] pool;
   (3) a public [baths including saunas, spas, massage parlors, and suntan parlors] bath,
       including a sauna, spa, or massage facility;
   (4) a public bathing [beaches] beach;
   (5) [schools which are publicly or privately owned or operated] a public or private school;
   (6) a recreational [resorts, camps, and vehicle parks] resort, camp, or other vehicle park;
   (7) an amusement [parks and all other centers and places] park or other center or place used
       for public gatherings;
   (8) a mobile home [parks and] park and highway rest [stops] stop;
   (9) a construction or labor [camps] camp;
   (10) [jails, prisons and other places] a jail, prison, or other place of incarceration or
       confinement;
   (11) [hotels and motels] a hotel or motel;
   (12) [lodging houses and boarding houses] a lodging house or boarding house;
   (13) [service stations] a service station;
   (14) [barbershops and beauty shops] a barber shop or beauty shop, including a facility in
       which one or more individuals are engaged in:
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      Enrolled Copy                                                                                H.B. 403
      (a) any of the practices licensed under Title 58, Chapter 11a, Cosmetology and
          Associated Professions Licensing Act; or
      (b) styling hair in accordance with the exemption from licensure described in Section
          58-11a-304(13);
  (15) [physician and dentist offices] a physician or dentist office;
  (16) [public buildings and grounds] a public building or ground;
  (17) [public conveyances and terminals; and] a public conveyance or terminal;
  (18) a commercial tanning [facilities.] facility; and
  (19) a body art facility.
        Section 3. Effective date.
    This bill takes effect on May 1, 2024.
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Statutes affected: 
Introduced: 26B-7-401, 26B-7-402
Enrolled: 26B-7-401, 26B-7-402