Are you buying compliant cosmetic tattoo pigments for your salon?
⏱ 2 Min Read
did you know Cosmetic Tattoo Pigment is Regulated in Australia?
Australian Cosmetic Tattoo artists are increasingly sourcing their products and supplies from international exporters, however, there are an overwhelmingly large number of salons that are unaware of the need to comply with Australian Regulations.
In Australia, if you Import or manufacture a Cosmetic Tattoo Pigment or other for client services, resale or other business-related activities you are known as 'introducer of industrial chemicals'. Importing cosmetic products from overseas to use in your salon passes on all liability to you for the use of that product. What that means for example, if one of your clients has an issue with the treatment and it is determined it was related to the product, the liability lies with you - the importer.
specific caution when purchasing cosmetic tattoo pigments
Importing From Offshore Suppliers: If you import cosmetic tattoo pigments for use in providing client services then most likely you need to register with AICIS as a chemical introducer and check that the product is in full compliance with Australian laws, as an importer it is also advisable to ensure that you hold product liability insurance as well as your standard professional indemnity insurance.
Purchase From Australian Suppliers: If you purchase from a local supplier take responsibility to ensure that the local supplier is registered with AICIS and is in full compliance. You can check the register of introducers via this link.
If a local supplier is not complying with regulatory requirements then it is possible that their product liability insurance may also be in jeopardy, in the event of a claim both the supplier and their technician customers might find that they are taking substantial personal financial risks.
If your local supplier claims to be Registered with AICIS and you discover that they are not registered then under consumer law you may be entitled to a refund and possibly compensation for any consequential loss (if in doubt check with your legal advisor).
what are my responsibilities a an Australian Cosmetic Tattoo Technician?
If You Purchase Cosmetic Tattoo Pigment from Offshore Suppliers
You need to Register with AICIS.
Conduct a full audit of the pigments and their ingredients that you intend to import and check for compliance
Check with your insurer as an importer (chemical Introducer) you may need to arrange additional cover for product liability.
Ask for a copy of the pigment Safety Data Sheets.
If You Purchase Cosmetic Tattoo Pigment from Australian Suppliers
Check to see if the supplier is Registered with AICIS - If needed Contact AICIS and ask for confirmation that your supplier is registered.
Ask your supplier for written confirmation that they are registered with AICIS and have audited all of their pigments for compliance with Australian regulations.
Ask your supplier for written confirmation that they hold product liability insurance.
Ask for a copy of the pigment Safety Data Sheets.
If you purchase from a local supplier take responsibility to ensure that the local supplier is legally registered with NICNAS and is in full compliance. You can check the register of introducers via this link. By supporting your local supplier you are working directly with an organisation that has the necessary insurance, knowledge and experience with products that fall under the Poisons and Therapeutic Act Australia. If a local supplier is not complying with regulatory requirements then their product liability insurance may also be in jeopardy, in the event of a claim both the supplier and their technician customers might find that they are taking substantial personal financial risks.
What is NICNAS?
The NICNAS helps protect Australians and the environment by assessing the risks of industrial-based chemicals by providing information to promote their safe use. All individual ingredients within each Cosmetic Tattoo Pigment must be checked to see if the chemicals used in the tattoo or PMU ink are listed on the Australian Inventory of Chemical Substances (AICS), checked also for compliance with the Poisons Standards Act. In addition, if a chemical within a Cosmetic Tattoo pigment is not on the AICS, or is listed on AICS with specific conditions, it needs to be assessed by NICNAS before it can be introduced in Australia even by those who are registered. Also under Work Health and Safety Regulations administered by SafeWork Australia, Safety Data Sheets (SDS) should be available to pigment handlers in the workplace, these should be present and available to pigment purchasers at the point of sale.
As described by NICNAS1;
"Chemicals used in tattoo and PMU inks are classified as industrial chemicals in Australia. Their introduction is subject to the same requirements as any other industrial chemical under the Industrial Chemicals (Notification and Assessment) Act 1989."
What penalties apply for the bReach of act
Penalties
In addition to the risk of the potential loss of insurance coverage, there are some hefty penalties associated with non-compliance with regulations.
Insurance: Most technicians that we have spoken with are aware of the importance of holding professional indemnity insurance however very few seem aware that these types of policies frequently have specific exclusions related to non-compliance with Australian laws and Regulations. In other words, if something goes wrong you are insured provided that you have complied with the law, if you have not complied with the law your insurer may decline to cover a claim against you via escape clauses.
Based on our own interactions with insurers and compensation lawyers there seem to be varying levels of knowledge of the regulatory requirements mentioned above, however, it is safe to assume that a compensation lawyer acting for their client will make every effort to establish negligence and failure to comply with regulatory requirements would be a starting point for their investigation and requests during discovery.
How can you stay up to date with Future Developments?
The European Union have acted on their proposal to restrict certain chemicals in tattoo inks and permanent make-up (Cosmetic Tattoo Pigments) under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), the restrictions were voted on by the EU members and adopted by member countries as of 04/01/2022. Naturally, countries outside of the EU are free to apply their own regulations, however now that restrictions on chemicals used in tattoo inks and permanent makeup pigments have been adopted by the EU we anticipate that similar restrictions will be adopted by many countries outside of the EU via harmonised legislation/regulations.
Cosmetic Tattoo technicians may care to make enquiries with their suppliers now as to their intention (or not) to comply with the EU restrictions list as well as local AICIS requirements as compliance with both standards provides the safest level of colourant restrictions for your clients.
Are you and your pigment supplier complying with Australian law?
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