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24.121.1517    PREPARATION STORAGE, HANDLING, AND PROHIBITED ITEMS – SALONS, SHOPS, MOBILE SALONS OR SHOPS, AND SCHOOLS

(1) All salon, shop, mobile salon or shop, and school preparations must be:

(a) stored, handled, and applied to protect against contamination; and

(b) dispensed from containers to prevent contamination of the unused portion, either by use of pump, spray, or single-service spatulas.

(2) Safety Data Sheets (SDS) relative to product ingredients, proper use, storage, disposal, and hazards for products in use at salons, shops, mobile salons or shops, and schools shall be kept on the premises and available upon need or request by the public, the board, or the board-designated inspector.

(3) Liquid or powder astringent must be stored and applied with a separate clean sterilized gauze or cotton pad.

(4) All acids for use in chemical exfoliation must be used in concentrations of 30 percent or less, a pH level of not less than 3.0, and shall be applied in a manner and for a duration as recommended by the manufacturer.

(5) Only commercially available products may be used for chemical exfoliation purposes. The mixing or combining of skin exfoliation products or services is strictly prohibited.

(6) When using bulk products poured into another or smaller storage container, the new storage container must be labeled with the same product name, ingredients, and warnings as the original container.

(7) Possession or use of the following items by a licensee and/or on the premises of a salon, shop, or mobile salon or shop, or school is prohibited:

(a) pumice stones;

(b) natural sponges;

(c) styptic pencils or lump alum;

(d) methyl methacrylate monomers for artificial nails;

(e) for chemical exfoliation:

(i) phenol;

(ii) resorcinol;

(iii) trichloroacetic acid (TCA); and

(iv) Jessner's solution; and

(f) cosmetic products containing hazardous substances which have been banned by the U.S. Food and Drug Administration (FDA) for use in cosmetic products.

(8) If the board inspector obtains evidence that a product or item prohibited by this rule is being used in a salon, shop, mobile salon or shop, or school, the inspector may seize the product or item and remove it from the facility immediately. If a prohibited product or item is seized by an inspector, the licensee will be responsible for the costs of disposing of the product or item. The licensee will be mailed a notice that sets forth the disposal costs incurred by the board in relation to the product or item, and the licensee shall pay such costs within 30 days of the date the notice is mailed to the licensee.

 

History: 37-31-203, 37-31-204, MCA; IMP, 37-31-204, MCA; NEW, 2004 MAR p. 2813, Eff. 11/19/04; AMD, 2008 MAR p. 382, Eff. 2/29/08; AMD, 2010 MAR p. 1402, Eff. 6/11/10; AMD, 2012 MAR p. 616, Eff. 3/23/12; AMD, 2015 MAR p. 1198, Eff. 8/14/15; AMD, 2015 MAR p. 2034, Eff. 11/13/15; AMD, 2021 MAR p. 1773, Eff. 12/11/21.

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