(1) Each tattooist shall use colors, dyes, and pigments from reputable suppliers, designed for tattooing, stored in appropriate clean and sterile containers, and labeled with the manufacturer name and lot number.

(2) Pigments mixed or prepared in the tattoo establishment must be prepared and stored in accordance with the manufacturer's instructions.

(3) A tattooist who becomes aware of a client who has experienced an apparent reaction, allergy, or sensitivity to a pigment used in tattooing must report the condition and pigment information to the Department of Public Health and Human Services, Public Health and Safety Division, Food and Consumer Safety Section, 1400 Broadway, P.O. Box 202951, Helena, MT 59620-2951 or the local health officer. Adulterated pigments or those containing deleterious substances may be subject to voluntary hold, manufacturer recall, or other action under the Montana Food, Drug and Cosmetic Act, Title 50, chapter 31, MCA; the Federal Food, Drug and Cosmetic Act; or other federal, state, or local law.

(4) Pigments or dyes may not be used if they are disapproved of or under recall by the United States Food and Drug Administration or the department under the Montana Food, Drug and Cosmetic Act, Title 50, chapter 31, MCA.

(5) Individual pigment portions and ink cups must be used for one client, then disposed in accordance with ARM 37.112.137 pertaining to infectious waste.

(6) If additional pigment must be added to an ink cup during the tattooing, the tattooist shall wash hands and reglove, or use a single-use liner to handle the ink storage container.

History: 50-48-103, MCA; IMP, 50-48-103, MCA; NEW, 2007 MAR p. 351, Eff. 3/23/07.