NEW YORK STATE & ERIE COUNTY LAW EXCERPTS

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This is a brief rundown of the Erie County laws pertaining to body art. Of course, since the laws are written in terms that make it hard to read and are drawn out and confusing I will simplify with excerpts. Sadly, Erie County doesn't really regulate the body art industry strictly, thereore the laws (especially with body piercing) are very vague. Please be aware that since there is a lack of regulation of the industry, there really is no Erie County law (for isntance) that a body piercer has to use sterile needles. Please be 100% confident that your body artist takes proper and standard precautions when he or she performs your body art procedure.



Section 2 (a)
No person execpt a duly licensed physician shall engage in the practice of tattooing or act as a tattoo artist unless he or she has a certificate issues by the health officer.
Section 5 (a)
There shall be proper records maintained by the operator of a tattoo establishment for each person recieving a tattoo.
Section 5 (d)
The tattoo facility operator is require to keep a record of any complaint or unexpected complication associated with a tattoo applied in the operator's tattoo facility. Information concerning the complaint is to be kept as a part of the required record for each person who received a tattoo.
Section 5 (e)
Any tattoo facility operator having actual or constructive knowledge of the occurances of a complication of a tattoo that resulted in the treatment by a physician or medical facility must be reported to the health officer within 24 hours. The report can be made in person or by telephone.
Section 6 (a)
It is unlawful to apply a tattoo to a minor.
Section 6 (b)
It shall be the responsibility of the person applying the tattoo to assure that the person receiving the tattoo is not a minor.
Section 6 (c)
Identification must be submitted for each person receiving a tattoo. Acceptable identification shall include any current and valid government issued identification card that contains a picture and a date of birth of the person requesting a tattoo. Other forms of identification may be accepted if specifically approved by the health officer.
Section 6 (e)
A photocopy of the identification presented must be kept as a part of the required record kept for each patron that is being tattooed.
Section 6 (f)
It shall be unlawful for any tattoo artist to perform any tattoo on an individual who appears to be under the influence of drugs or intoxicating liquor.
Section 9 (a)
A set of individual single-service, sterilized needles and sterilized tubes and bars shall be used by a tattoo artist for each new patron.






Section 2 (c)
No person shall knowingly perform body piercing, or offer to perform body piercing, for compensation, on any part of the body of an individual under the age of eighteen (18) years by means of a piercing device. Proof of age shall be determined upon presentation of one form of valid identification. Valid identification shall be limited to one of the following original documents with embossed seal; a picture driver's license; birth certificate; or passport.
Section 4 (a)
Informed written consent is required for body piercing of a minor, and shall be obtained from at lease one parent or legal guardian. The writing shall be filed in person at the body piercing shop along with a photocopy of valid identification of a parent/legal guardian. Valid identification shall include one of the following; a picture driver's license; birth certificate; passport; or military ID.

Believe it or not, there's only one law pertaining to body piercing and it is an age/consent law along with regulations on what paperwork we need to document it.