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New York State bill to pass use of single serving pigment packets- SIGN THIS PETITION


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New laws have been passed in NY effective December 12th that will require the used of single use prepackaged ink cups instead of the usual disposable ink caps.

To: Senator Carlucci, NYS Department of Health, Governor Cuomo, Assemblyman Zebrowski and whomever else it may concern,

This petition is regarding the wording on the new tattoo laws that were passed, bill S1421-2015. The wording regarding single use inks is complicated and may lead to completely unnecessary and expensive measures.

The new bill (S1421-2015 - NY Senate Open Legislation - Requires tattoo studios and body piercing studios to use single use needles and inks, to obtain consent forms from customers and to maintain customer consent forms from customers - New York State Senate) defines "SINGLE USE INK" SHALL MEAN A SEALED AND PRE-FILLED PACKAGE OF INK THAT IS ONLY INTENDED FOR A SINGLE USE”

https://www.change.org/p/andrew-cuomo-david-carlucci-kenneth-zebrowski-new-york-state-department-of-health-change-nys-bill-s1421-2015-to-allow-the-use-of-disposable-ink-caps-in-tattooing?recruiter=368545516&utm_source=share_petition&utm_medium=copylink

There has been a lot of fuss over this on instagram over the last few days and I feel like this is something worth sharing with the broader tattoo community as it can ultimately affect everyone. Whether you live in the state of New York and get tattooed there, whether you are a tattooer working in the state or planning to travel there for work/getting tattooed, or simply concerned that this law may set a beaurocratic precedent for other states, you should sign this petition.

In a nutshell, the state passed a bill that requires all artists to use pre-packaged, single-use packets of tattoo pigment for every tattoo. Most of the concerns with this proposition are outlined in the petition, but basically it will make buying pigments very expensive, limit the quality and options of pigment available for the tattooer to buy, and will ultimately make the entire tattoo more expensive for the collector.

While I feel that the health department plays an important role in holding artists accountable for safe work practices, I also feel that at the end of the day they usually have no idea what the fuck they're doing without input from the inside and this bill is no exception. Sign please! We got this!

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@hogg Cheers! :)

@polliwog totally! At least with ink caps, they come in various sizes and you can meter the amount of pigment you'll need for each application, minimizing waste of both pigment and packaging.

@Graeme yeah, I mean the health department isn't completely useless, but dynamics like this have been discussed around the tattoo community for at least 20 years. I definitely remember reading old and new articles in tattoo magazines on the importance of sanitary standards and the responsibility of the tattoo community to work with the health department to impart only necessary regulations. Although to be fair, it's not the most attractive responsibility on account of the fact that every person working for the government pretty much just wants money and thinks that because they hold a position in the state that they know what they're doing. Personally, I prefer the door to be more closed than open.

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imagine also what a waste of governement the enforcing of such laws entails - what is it gonna be someone's full time job snooping around for those hidden ink bottles

what a waste

and of course how ridiuclous in the first

i wonder if shops and tattooers will just ignore the law anyway

i saw one prominent tattooer I follow on IG said he'd go underground before complying with this law

anyway - hopefully more rational heads prevail and this gets properly sorted out

i work in education so i'm way too used to the uniformed political decision makers destroying my industry just to serve their own agendas in a quest for increased wealth and power

as always follow the money trail

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Chris ODonnell just posted that he and 2 other artists are physically working with the legislature on fixing the wording. The Govt seems to be open to adjustments that would make sense.

Haha O'Donnell just reposted something that Seth Ciferri reposted that the petition starter is working with legislators. I don't think either of those artists are directly involved, although it is killer that someone is actually stepping up to work with the politicians.

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  • 2 weeks later...
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  • 3 months later...

An update.

I got an email from Bridget Punsalang today stating that the bill was amended to not require single-use caps.

Here's the actual bill, in case anyone wants to read the fine print. The parts in brackets are to be removed from the bill.

Section 1. Subdivisions 10 and 11 of section 460 of the public health

law, as added by chapter 230 of the laws of 2015, are amended to read as

follows:

10. ["Single use ink" shall mean a sealed and pre-filled package of

ink that is only intended for a single use] "APPROVED INK HANDLING

PROCEDURE" SHALL MEAN TATTOO INK STORAGE AND USE PROCEDURES THAT ARE

APPROVED AND DEEMED PROTECTIVE BY THE DEPARTMENT.

11. "Single use needle" shall mean a [sealed and sterile package of a

disposable needle] NEEDLE THAT IS STERILE AND THAT HAS NEVER BEEN USED

ON ANOTHER PERSON.

S 2. Section 467 of the public health law, as added by chapter 230 of

the laws of 2015, is amended to read as follows:

S 467. Single use tattoo and body piercing equipment.

1. All tattoo studios and body piercing studios [must ensure that

single use inks and] SHALL USE ONLY single use needles [are used] AND

APPROVED INK HANDLING PROCEDURES in all tattoo and body piercing proce-

dures performed in such establishments.

2. Prior to a person receiving a tattoo or body piercing from a

licensed tattooist or body piercing specialist, such person and licensed

tattooist or body piercing specialist must sign a form confirming that

the tattooist or body piercing specialist:

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD13287-06-6

A. 8671--A 2

[a.] (A) Presented all single use [materials] NEEDLES in a sterile and

sealed package, that are to be used during the tattoo or body piercing

procedure, to the person receiving such tattoo or body piercing, AND

EXPLAINED THAT ONLY APPROVED INK HANDLING PROCEDURES WOULD BE USED; and

[b.] (B) Opened all single use [materials] NEEDLES that are to be used

during the tattoo or body piercing procedure [including needles, inks

and other instruments] in the presence of the person receiving such

tattoo or body piercing.

3. A copy of the [consent] CONFIRMATION form shall be given to the

person receiving a tattoo or body piercing. The tattoo studio or body

piercing studio shall retain a copy of such [consent] CONFIRMATION form

for a period not less than seven years.

4. THE COMMISSIONER SHALL MAKE REGULATIONS UNDER THIS SECTION.

S 3. Section 3 of chapter 230 of the laws of 2015 amending the public

health law relating to requiring tattoo studios and body piercing

studios to use single use needles and inks, to obtain consent forms from

customers and to maintain customer consent forms for a period of not

less than seven years, is amended to read as follows:

S 3. This act shall take effect [on the one hundred twentieth day] ONE

YEAR after it shall have become a law; PROVIDED, HOWEVER, THAT THE

COMMISSIONER OF HEALTH MAY MAKE REGULATIONS AND TAKE ANY OTHER ACTIONS

NECESSARY FOR THE IMPLEMENTATION OF THIS ACT ON ITS EFFECTIVE DATE

BEFORE SUCH DATE.

S 4. The commissioner of health shall periodically review the regu-

lations authorized by section 467 of the public health law to determine

if the standards set forth therein are appropriate.

S 5. This act shall take effect on the same date and in the same

manner as chapter 230 of the laws of 2015, takes effect.

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