H830: The Rolling Ink Act. Latest Version

Session: 2025 - 2026

House
Passed 1st Reading


AN ACT allowing mobile tattoo parlors.



The General Assembly of North Carolina enacts:



SECTION 1.  Part 11 of Article 8 of Chapter 130A of the General Statutes is amended by adding a new section to read:



§ 130A‑283.1.  Mobile tattoo parlors.



(a)        Purpose and Authorization. – A motor vehicle, as defined in Article 1 of Chapter 20 of the General Statutes, may be used as a mobile tattoo parlor for the practice of tattooing, as defined in G.S. 130A‑283, as long as it meets the requirements of this section and all applicable rules adopted by the Commission.



(b)        Permitting Process. – The Department, through local health departments, shall issue a permit to operate a mobile tattoo parlor to any applicant who meets all of the following criteria:



(1)        Submits a completed application on a form provided by the Department.



(2)        Pays an initial permit fee of five thousand dollars ($5,000) or an annual renewal fee of two thousand five hundred dollars ($2,500), as appropriate.



(3)        Passes an inspection conducted by the local health department confirming compliance with this section, laws pertaining to fixed‑location tattoo parlors under G.S. 130A‑283, regulations pertaining to fixed‑location tattoo parlors under 15A NCAC 18A .3200, and rules adopted by the Commission under subsection (c) of this section.



Permits issued under this section are valid for one year and may be renewed annually upon payment of the renewal fee and a satisfactory reinspection by the Department.



(c)        Additional Compliance. – In addition to the requirements of this Part, individuals operating mobile tattoo parlors shall comply with all of the following:



(1)        Chapter 20 of the General Statutes (Motor Vehicles).



(2)        Occupational Safety and Health Administration standards, including 29 C.F.R. § 1910.1030 (Bloodborne Pathogens).



(3)        All local ordinances regulating business operations, parking, and the practice of tattooing.



(4)        Federal regulations set forth in 40 C.F.R. Part 261 regarding the disposal of hazardous waste.



(d)       Facility and Equipment Requirements. – A mobile tattoo parlor shall comply with all the following requirements:



(1)        Be equipped with a functional sink with hot and cold running water, soap, and single‑use towels.



(2)        Include a separate, accessible toilet facility or written agreement with a nearby facility for client and operator use.



(3)        Maintain an adequate supply of clean water of not less than 20 gallons and a wastewater storage tank of not less than 25 gallons.



(4)        Contain a sharps container and biohazard waste receptacle compliant with State and federal law.



(5)        Be equipped with an autoclave or other Department‑approved sterilization device for reusable instruments.



(e)        Operational Restrictions. – No tattooing or related services may be performed in a mobile tattoo parlor while the vehicle is in motion. The operator of a mobile tattoo parlor shall remain parked in a legal parking space, in compliance with local zoning and parking laws, at all times while clients are present. Each operator shall maintain a log of all tattoo procedures, including client names, dates, and descriptions of services, that is available for inspection by the local health department upon request of the local health department.



(f)        Permanent Address. – The permanent address of the owner of a mobile tattoo parlor shall serve as the location for receipt of all correspondence from the Department or local health department.



(g)        Recordkeeping. – The owner of a mobile tattoo parlor shall maintain a permanent physical business address in North Carolina where the following records shall be kept and made available for inspection by the Department or local health department upon request:



(1)        Appointment logs.



(2)        Weekly itineraries of the mobile parlor's locations.



(3)        Permit numbers.



(4)        Vehicle identification numbers (VINs) for each operating mobile tattoo parlor.



(5)        Proof of biohazard waste disposal contracts.



(h)        Rules. – The Commission, in consultation with the Department, shall adopt rules to regulate the operation, permitting, and inspection of mobile tattoo parlors. These rules shall include, but are not limited to, all of the following:



(1)        Minimum standards for facilities, including ventilation, lighting, and sterilization equipment.



(2)        Personnel requirements, including training in bloodborne pathogens and infection control.



(3)        Safety and sanitary requirements, including proper handling and disposal of needles, inks, and biohazardous waste.



(4)        Procedures for documenting compliance with local zoning and parking regulations.



All requirements applicable to fixed‑location tattoo parlors under G.S. 130A‑283 and 15A NCAC 18A .3200 apply to mobile tattoo parlors unless they conflict with this section or rules adopted under this section.



(i)         Penalties and Enforcement. – Any person that violates this section or rules adopted under this section is subject to all of the following:



(1)        The Secretary of Health and Human Services may assess a civil penalty, not to exceed five hundred dollars ($500.00) for each violation. Each day of a continuing violation shall constitute a separate violation. The clear proceeds of civil penalties provided for in this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.



(2)        The Department may suspend or revoke a mobile tattoo parlor permit issued by the local health department for a violation of this section. Repeated violations, defined as three or more within a 12‑month period, may result in permanent revocation of the permit and a prohibition on reapplication for a period of two years after notice and opportunity for a hearing under Chapter 150B of the General Statutes.



(3)        A willful and knowing violation of this Part constitutes a Class 1 misdemeanor.



(j)         Appeals. – Appeals concerning the enforcement of rules adopted by the Commission, concerning the suspension and revocation of permits by the Department, and concerning the imposition of administrative penalties by the Secretary shall be governed by Chapter 150B of the General Statutes, the Administrative Procedure Act.



SECTION 2.  G.S. 130A‑29(c)(8) reads as rewritten:



(8)      Establishing permit requirements for the sanitation of premises, utensils, equipment, and procedures to be used by a person engaged in tattooing, tattooing under G.S. 130A‑283 or G.S. 130A‑283.1, as provided in Part 11 of Article 8 of this Chapter.



SECTION 3.  The Commission for Public Health shall begin rulemaking to implement G.S. 130A‑283.1(h), as enacted by this act, and G.S. 130A‑29(c)(8), as amended by this act. The Department of Health and Human Services shall notify the Revisor of Statutes when the rules adopted pursuant to G.S. 130A‑283.1, as enacted by this act, and G.S. 130A‑29(c)(8), as amended by this act, become effective.



SECTION 4.  Section 3 of this act is effective when it becomes law. The remainder of this act becomes effective July 1, 2026.