1, eff. We also use third-party cookies that help us analyze and understand how you use this website. Please take this short survey. 229.261: Assessment of Administrative or Civil Penalties. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 7, eff. 1226, Sec. Best Answer Copy Tattooing a minor without parental consent is a class B misdemeanor in Texas, so the criminal punishment would not exceed a 180-day jail term and/or a $2000 fine. Amended by Acts 1995, 74th Leg., ch. 146.0124. The license fees are as follows: (1) $450 per tattoo only studio or temporary location license for a specified length of time not to exceed seven days; (2) $600 for a tattoo and body piercing studio or temporary location license for a specified length of time not to exceed seven days, (allocated $450 for the tattoo Sec. (a) The department may refuse to issue an original or renewal tattoo studio or body piercing studio license if it has reasonable grounds to believe and finds that any of the following circumstances exist: (1) the applicant has been convicted of a violation of this chapter during the two years immediately preceding the filing of the application; (2) three years have not elapsed since the termination, by pardon or otherwise, of a sentence imposed on the applicant for a conviction associated with tattooing or body piercing; (3) the applicant violated or caused to be violated a provision of this chapter or a rule adopted under this chapter involving moral turpitude during the six months immediately preceding the filing of the application; (4) the applicant failed to answer or falsely or incorrectly answered a question in an original or renewal application; (5) the applicant is indebted to the state for a fee or penalty imposed by this chapter or by rule adopted under this chapter; (7) the applicant does not provide an adequate building available at the address for which the license is sought before conducting any activity authorized by the license. TATTOO AND CERTAIN BODY PIERCING STUDIOS . 8, eff. 580, Sec. ADMINISTRATIVE PENALTY. Stat. 865 (S.B. With implants, the skin is prepared with a germicidal skin preparation before an opening is made. (c) Repealed by Acts 1999, 76th Leg., ch. The information included in the article has been based on official sources, such as the Texas Department of State Health Services. d/b/a House of Tattoos Pharr/San Juan, Respondent may return to regular work with standard precautions required Uses instruments that are either disposable or are routinely sterilized. If it's your third conviction for the same offense, you could be fined up to $500 and spend 6 months in jail. 146.005. 3.0442, eff. Sec. (d) If a license holder cannot be located for any notice required under this section, the department shall provide notice by posting a copy of the order on the front door of the licensed premises. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1999. The minor brings a notarized consent to the studio that contains the name, address and phone number of the minor and parent, managing conservator or guardian; the location of the body that may be pierced; and signatures of the minor and the parent, managing conservator or guardian. You can face fines of up to $200 if it's your first infraction, and more, if you are a repeat offender. 6, eff. Most of these crimes carry misdemeanor penalties, punishable by fines and possible jail time. Felony fines can exceed $5,000 or more. The department may issue a license for a tattoo or body piercing studio after determining that the studio is in compliance with applicable statutes, rules, and building and zoning codes. Sept. 1, 1993. (b) The department may refuse to issue or renew, for a period of one year from the date of application for the initial or renewal license, a tattoo studio or body piercing studio license for a premises where a shooting, stabbing, or other violent act or an offense involving drugs occurred that involved a license applicant, license holder, or registrant under this chapter or a patron or employee of the studio. (b) A person may not perform tongue splitting. 2, eff. Also ear piercings can be performed on a minor as an exception without a parental consent. This cookie is set by GDPR Cookie Consent plugin. 3.0451, eff. 25 TAC 229.407(i) and 25 TAC 229.409(m), 25 TAC 229.406(j), 25 TAC 229.407(a), 25 TAC 229.407(d) and 25 TAC 229.407(f), Myra T. Barrera Side Note: intoxicated, impaired individuals cannot be tattooed, branded, or pierced Law Penalty: violations of Texas tattoo & body piercing laws are a class B misdemeanor, punishable by a fine of up to $5000 Added by Acts 1993, 73rd Leg., ch. Research, Funding, & Educational Resources, Laws and Rules - Tattoo and Body Piercing Studios. Added by Acts 1993, 73rd Leg., ch. How long does it take to get a tattoo license in Texas? An artist may not tattoo a person younger than 18 without meeting the requirements of 25 Texas Administrative Code, 229.406(c), whose parent or guardian determines it to be in the best interest of the minor child to cover an existing tattoo. These are administrative violations of the Code or Rules, like improper advertising or prohibited relationships between the three tiers of the alcohol industry. Is operating without a business license illegal? (2) steam pressure treatment in an autoclave. Based on the findings of fact, conclusions of law, and proposal for a decision, the department by order may find that a violation has occurred and impose a penalty or may find that no violation occurred. This cookie is set by GDPR Cookie Consent plugin. (e) A civil penalty recovered in a suit instituted by a local government under this chapter shall be paid to the local government. The implant is inserted under the skin and the opening is held closed to heal. Sept. 1, 1999. Added by Acts 1993, 73rd Leg., ch. (6) "Temporary location" means a fixed location at which an individual operator performs tattooing or body piercing for a specified period of not more than seven days in conjunction with a single event or celebration, where the primary function of the event or celebration is tattooing or body piercing. 580, Sec. Option to plea bargain penalties. The . Sanitation is extremely important in the tattoo industry, and studios are required to follow very strict rules when it comes to keeping their facilities clean. First Time Offense. Added by Acts 1993, 73rd Leg., ch. (a-1) A tattooist may tattoo a person younger than 18 years of age if: (1) the tattoo will cover a tattoo that contains: (A) obscene or offensive language or symbols; (B) gang-related names, symbols, or markings; (C) drug-related names, symbols, or pictures; or, (D) other words, symbols, or markings that the person's parent or guardian considers would be in the best interest of the person to cover; and. For compliance questions or concerns, contact: Tattoo and Body Piercing Studios Disciplinary Actions, 25 TAC 229.407(f) states, 25 TAC 229.407(d) and TAC 229.407(h), Justin Headstone Added by Acts 1993, 73rd Leg., ch. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. As of now, all states in the US allow tattoos, with most placing certain regulations on the industry. To the extent, if any, that a physician may delegate microneedling to a licensee, please contact the Texas Medical Board at 512-305-7030 or 1-800-248-4062. Failure to comply with your state's licensing and safety regulations may lead to a revocation of your license. In some jurisdictions, operating a business without a license can be considered fraud, so the parties responsible might be arrested. 3.0449, eff. SANITATION REQUIREMENTS. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. A provision within the California Vehicle Code absolutely prohibits a parent to cause or knowingly permit a minor to drive unless licensed under the California Vehicle Code. 1, Sec. 580, Sec. April 2, 2015. d/b/a Ink & Iron, Lovodges Heggins and Tavarus Tennyson LICENSE APPLICATION. 516, Sec. Amended by Acts 1995, 74th Leg., ch. 1226, Sec. That makes Texas one of few states that punish clients for trying to circumvent the law. (b) A person who conducts, operates, or maintains a facility, office, or clinic described by Subsection (a)(1), (2), or (4) is not required to obtain a license under this chapter to operate that facility. In many states, it is a crime to give someone else a tattoo without having a proper state or local license, training, or supervision. COMPLIANCE WITH CHAPTER AND RULES. 936, Sec. Amended by Acts 1999, 76th Leg., ch. LICENSE DENIAL, SUSPENSION, OR REVOCATION. This article will review common state and local laws regulating tattooing and the criminal penalties for violating these laws. How to report illegal tattooing in Texas? 1, eff. 3.0443, eff. 936, Sec. Acts 2015, 84th Leg., R.S., Ch. Can Physical Therapists Have Tattoos in 2022? Renegade Ink LLC Texas tattoo laws require studio owners to host out the state license. (a) If it appears that a person has violated or is violating this chapter or an order issued or a rule adopted under this chapter, the commissioner may request the attorney general or the district attorney, county attorney, or municipal attorney in the jurisdiction where the violation is alleged to have occurred, is occurring, or may occur to institute a civil suit for: (2) a permanent or temporary injunction, a temporary restraining order, or other appropriate remedy, if the department shows that the person has engaged in or is engaging in a violation; (3) the assessment and recovery of a civil penalty; or. by the Department, Diane Castillo Consult with your doctor beforehand to make sure its safe for you to get a tattoo. (b) The penalty for a violation may be in an amount not to exceed $5,000. TATTOOS PROHIBITED FOR CERTAIN PERSONS. Some people love the state for its great climate and others for its friendly and down-to-earth residents. Anyone who tattoos a minor in violation of these laws faces criminal penalties. 1528, Sec. After preparing the skin with a germicidal soap, the artist dips the needles into a small amount of pigment or ink. Amended by Acts 1995, 74th Leg., ch. If the person gave a supersedeas bond and if the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the amount. There are certain situations when you shouldnt get a tattoo, such as when youre pregnant, have diabetes, are taking blood thinners, or have a skin condition. Added by Acts 1993, 73rd Leg., ch. Save my name, email, and website in this browser for the next time I comment. 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1, eff. Thus, the majority of the license request is standard: your or your company's name, address, business hours, and website address. The artist is required to provide the customer with oral and written instructions on how to care for a newly applied tattoo. Can you get a tattoo at 14 with parental consent in Texas? (a) Except as permitted in subsections (d) and (e) of this section, a client must be a minimum of 18 years of age and shall present at the time of tattooing or body piercing a valid, government issued, positive identification card including, but not limited to, a driver's license, passport, or military identification. Class C - $25-$500. In the last decade or so, The Lone Star State has also become a hotspot for tattoo enthusiasts from all over the country. d/b/a Velvet Spa Salon, 25 TAC 229.401(d), HSC 431.112(a)(1), and HSC 431.112(e)(1) and 25 TAC 229.407(h), Zale Delaware Inc. Most state misdemeanors have a maximum penalty of up to a year in jail, although minor offenses (especially first-time offenses) would likely be eligible for sentencing alternatives that avoid jail time, such as probation or diversion. A person who owns, operates, or maintains a tattoo or body piercing studio shall report to the department any infection resulting from tattooing or body piercing as soon as it becomes known. 219), Sec. 3.0447, eff. The best way to make an electronic signature for a PDF in Chrome tattoo licenseit possible to keep all the tools you need a click away. Criminal penalty violations are Class A Misdemeanors. (1) A person may not tattoo the body of a minor child younger than 16 years of age unless the tattooing is performed for medical or dental purposes by a person licensed to practice medicine or dentistry under chapter 458, chapter 459, or chapter 466." The notice must include a brief summary of the alleged violation and a statement of the amount of the recommended penalty and must inform the person that the person has a right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty. 3.0441, eff. The fine should be about $200.00 but what troubles me is they wish to obtain her . Por favor, responda a esta breve encuesta. Acts 2015, 84th Leg., R.S., Ch. Texas Department of Health State Services (DSHS) Investigators perform inspections of tattoo and body piercing studios on a regular basis by means of routine and compliance inspections and by complaint investigations. 1226, Sec. Added by Acts 1993, 73rd Leg., ch. 146.0042. Texas Health and Safety Code Ann. Sec. The Health Department strongly encourages you get a Hepatitis B vaccine. Denos su opinin sobre sus experiencias con las instalaciones, el personal, la comunicacin y los servicios del DSHS. If the person paid the amount of the penalty and if that amount is reduced or is not upheld by the court, the court shall order that the appropriate amount plus accrued interest be remitted to the person. Body Art. How old do you have to be to get a tattoo in Texas with a parent? CHANGE OF LOCATION. Please take this short survey. The permanent makeup is generally applied to the eyebrows, eyelids and lips. Sept. 1, 1993. d/b/a Above Ground Tattoo Studio, 25 TAC 229.407(f), 25 TAC 229.408(b) and 25 TAC 229.408(c), Research, Funding, & Educational Resources, Compliance Actions - Tattoo and Body Piercing Studios. We require any business in the practice of producing an indelible mark or figure on the human body by scarring or inserting pigments under the skin using needles, scalpels or other related equipment to license with the Department of State Health Services. 8, eff. These include surgical implant-grade stainless steel (minimum of 316L or 316LVM), solid 14k or 18k gold, niobium, titanium (minimum of 6AL4V), or platinum, which is free of nicks, scratches or irregular surfaces and has been properly sterilized before use. Sec. Possible option to take driver safety course and get ticket dismissed/points reduced. This also includes studios that perform implants. Sept. 1, 1999. Criminal penalty violations are Class A misdemeanors. CIVIL PENALTY; INJUNCTION. Sec. 580, Sec. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. State Tattooing Laws. A temporary tattooing or body piercing location license is valid for a specified period not to exceed seven days. Can you get a tattoo when youre 15 in Texas? Different kinds of actions may be taken depending on the severity of the offense, the history of previous violations, efforts made to correct the violation, the harm to the victims, the likelihood of a repeat violation, and other matters related to each particular case. Can Investment Bankers Have Tattoos in 2022? If a parent isn't present, some states require a notarized written permission statement from them. 580, Sec. A Prohibited Act in Texas prohibits businesses from operating without a license, and it carries a fine of up to $25,000 per day, per violation, or referral to the Attorney General for injunctive relief to prohibit such businesses from operating. (4) a facility in which only ear piercing is performed. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sec. Learn more about. Table of contents. 2, eff. Manage Settings Sept. 1, 1999; Acts 2003, 78th Leg., ch. 10, eff. 11, eff. Whether 15 years old is too young or not is completely up to the artist. The tattooist reports any infection or adverse reaction to the Texas Department of State Health Services. Added by Acts 1993, 73rd Leg., ch. (c) The department may refuse to renew or, after notice and hearing, suspend for not more than 60 days or revoke a tattoo studio or body piercing studio license if the department finds that the license holder is shown on the records of the comptroller as being subject to a final determination of taxes due and payable under Chapter 151, Tax Code, or is shown on the records of the comptroller as being subject to a final determination of taxes due and payable under Chapter 321, Tax Code. While theres no clear regulation stating the minimum age requirement for getting a tattoo in Texas with the consent form, most artists refuse to provide their services to people they deem too young. 219), Sec. (b) The record shall be available for inspection on the request of the department. Effective January 1, 2013 any person operating an unlicensed tattoo establishment will be subject to administrative penalties. Sept. 1, 1999. The cookie is used to store the user consent for the cookies in the category "Other. (d) Venue for a suit brought under this section is in the county in which the violation occurred or in Travis County. 516, Sec. Acts 2021, 87th Leg., R.S., Ch. Added by Acts 1993, 73rd Leg., ch. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. 314-A:8: . Visit the TABC Violations page for more information about penalty rules, policies, calculations and processes. . A temporary tattooing or body piercing location license is valid for a specified period not to exceed seven days. As the machine is guided over the skin, the needle bar moves up and down allowing the needles to puncture the skin, depositing the ink. Acts 2015, 84th Leg., R.S., Ch. d/b/a Trufant Bros Tattoo, 25 TAC 229.404(f), 25 TAC 229.406(j) and 25 TAC 229.408(a), 25 TAC 229.408(b), 25 TAC 229.408(c), 25 TAC 229.407(d). (c) Notice under this section must be sent to the department's central office by certified mail, return receipt requested. (a) In Subsection (b), "license holder" includes each member of a partnership or association and, with respect to a corporation, each officer and the owner or owners of a majority of the corporate stock. 146.0025. Acts 2015, 84th Leg., R.S., Ch. 5, eff. 1. Sept. 1, 1993. Added by Acts 2003, 78th Leg., ch. Sept. 1, 1993. (4) keeping the tattoo or body piercing studio or temporary location in a sanitary condition. (d) A person younger than 18 years of age commits an offense if the person falsely states that the person is 18 years of age or older or presents any document that indicates that the person is 18 years of age or older to a person engaged in the operation of a body piercing studio. 219), Sec. 580, Sec. Start here to find criminal defense lawyers near you. These cookies track visitors across websites and collect information to provide customized ads. The needle bar moves up and down through a tube or barrel, which serves two purposes to keep the needle bar from moving side to side and as a handle for the tattooist to grip. (b) A civil penalty may not exceed $5,000 a day for each violation. (m) If the person does not pay the amount of the penalty and the enforcement of the penalty is not stayed, the department may refer the matter to the attorney general for collection of the amount of the penalty. d/b/a Laura Beauty Salon & Permanent Makeup, 25 TAC 229.407(d), 25 TAC 229.407(h), 25 TAC 229.407(f) and 25 TAC 229.407(g), Jeremy Anderson In addition, the person must submit evidence from the appropriate zoning officials in the municipality or county in which the studio is proposed to be located that confirms that the studio is in compliance with existing zoning codes applicable to the studio. Provide feedback on your experience with DSHS facilities, staff, communication, and services. ASEPTIC TECHNIQUES. (s) Repealed by Acts 2015, 84th Leg., R.S., Ch. (5) "Tattoo studio" means an establishment or facility in which tattooing is performed. (r) All proceedings under this section are subject to Chapter 2001, Government Code. In this chapter: (1) "Body piercing" means the creation of an opening in an individual's body, other than in an individual's earlobe, to insert jewelry or another decoration. The maximum penalty is: $71,875.00 for a first offence $100,625.00 or 6 months in prison for a second offence $143,750.00 or 18 months in prison for a third or later offence. (b) An offense under this section is a Class A misdemeanor. Sept. 1, 1999. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Pay the $927 fee (Checks and money orders made out to Texas Department of State Health Services, Food & Drug Licensing). 219), Sec. This includes studios that perform traditional tattooing, permanent cosmetics and scarification. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. September 1, 2021. 936, Sec. The artist practices universal precautions to prevent the spread of infection, such as: Wears clean clothing and single-use gloves. 1, eff. If you want to report illegal tattooing in Texas, you can do so by calling the Texas Department of State Health Services at (512) 834-6600. 146.020. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Theres no definite answer since the time needed to get a tattoo license in Texas can vary depending on the county youre applying in. 580, Sec. Sec. (e) The department shall give written notice of the order to the person. An artist may not perform body piercing on a person younger than 18 without the consent of a parent, managing conservator, or guardian and meeting the requirements of 25 Texas Administrative Code, 229.406(d). 1 (S.B. For example, there is no age restriction in . Stick with us for the next few moments as we dive into the latest Texas tattoo laws for clients and artists alike. Sept. 1, 1995; Acts 1999, 76th Leg., ch. An offense under this subsection is a Class B misdemeanor. 219), Sec. d/b/a Hub Citys Finest Tattoos, 25 TAC 229.401(c) and HSC 146.018, 25 TAC 229.406(c), 25 TAC 229.406(i), 25 TAC 229.408(a), 25 TAC 229.404(b), 25 TAC 229.404(c), 25 TAC 229.404(f), 25 TAC 229.406(j), 25 TAC 229.407(d) and25 TAC 229.407(i), 25 TAC 229.407(d) & (h) and 25 TAC 229.407(f), Alex Trufant & Aubrey Trufant (c) The department shall inform the person who owns, operates, or maintains a tattoo or body piercing studio of any violation discovered by the department under this section and shall give the person a reasonable period in which to take necessary corrective action. (l) The department on receipt of a copy of an affidavit under Subsection (k)(2) may file, with the court within five days after the date the copy is received, a contest to the affidavit. As for the artists rights, its worth mentioning that they are allowed to refuse service to anyone for any reason. (c) Tools and equipment shall be sterilized by: (1) the use of a dry heat sterilizer; or. 1528, Sec. 5, eff. However, the whole process shouldnt take more than a few weeks. The penalty for tattooing without a license in Texas is a fine of up to $2,000 and/or 180 days in jail. 5. Performing tattoos without a license is a Class A misdemeanor in Oregon, and carries a maximum sentence of 1 year in jail and a maximum penalty of $6250. (b) A person who owns, operates, or maintains a tattoo or body piercing studio shall comply with the rules adopted under this section. (f) Within 20 days after the date the person receives the notice, the person in writing may accept the determination and recommended penalty of the department or may make written request for a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (q) A penalty collected under this section shall be remitted to the comptroller for deposit in the general revenue fund. Sept. 1, 1993. Sept. 1, 1993. Additionally, the adult responsible for giving their permission must be present at the tattoo shop when the procedure is taking place, as well as provide proof of parentage or guardianship. (2) is under the substantial evidence rule. Sec. Sec. Acts 2015, 84th Leg., R.S., Ch. Where are tattoos illegal? 516, Sec. There are now more than a thousand professional tattoo shops operating in Texas, and that number is only growing. April 2, 2015. In a single motion, the artist places the jewelry to be inserted behind the needle and as the needle passes through the skin, the jewelry follows. Added by Acts 1993, 73rd Leg., ch. State : Texas. DEFINITIONS. Make checks payable to State of Hawaii. If you have no experience as a tattoo artist, youll need to take the online course as well as a two-day hands-on tattoo removal training which costs a total of $1,995. (a) A person who owns, operates, or maintains a tattoo or body piercing studio or practices tattooing or body piercing at a temporary location shall comply with this chapter, Chapter 431, and rules adopted under this chapter and Chapter 431. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()); Disclaimer: The information published on TattooRules.com is for informational purposes only. (4) "Tattooist" means a person who performs tattooing. The building is well maintained and clean. Sept. 1, 1999. In Texas, however, there are a few other things you need to take into consideration before getting inked. 146.012. Sec. A tattoo machine can puncture the skin 50-3,000 times per minute. FEES. (a) A tattooist shall maintain a permanent record of each person tattooed by the tattooist for a period established by department rule. These cookies ensure basic functionalities and security features of the website, anonymously. This isnt clearly stated and will likely depend on the preferences of the artist. (a) To receive a tattoo studio license, body piercing studio license, or temporary location license, a person must submit a signed, verified license application to the department on a form prescribed by the department and must submit an application fee. d/b/a Coven Crafted Ink, Joshua Lynn Johnson, d/b/a Texas Tattoo & Company, 25 TAC 229.406(b) and 25 TAC 229.406(j), 25 TAC 229.407(f), 25 TAC 229.408(b)&(c), Rebecca S. Barajas, Above Ground, LLC. 146.021. While some states impose only minor penalties for someone who tattoos without a license, the penalties in other states and in some circumstances can be more severe. This website uses cookies to improve your experience while you navigate through the website. 219), Sec. (d) Tattooing and body piercing are permitted only at a location that is in compliance with this chapter and rules adopted under this chapter. The latter is only valid for seven days. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. (p) When the judgment of the court becomes final, the court shall proceed under this subsection. (4) presenting evidence of the person's status as parent or guardian of the individual who will receive the body piercing. By the Department temporary tattooing or body piercing record of each person tattooed by the reports! Does it take to get a tattoo machine can puncture the skin and the opening is.., staff, communication, and that number is only growing violations page for information! Notice under this section is in the county youre applying in your license makes Texas one of few that! 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Youre 15 in Texas with a germicidal skin preparation before an opening penalty for tattooing without a license in texas held closed to heal not to $!, there are a few weeks studio owners to host out the state its! D ) Venue for a specified period not to exceed $ 5,000 occurs is a fine up. And the opening is held closed to heal ( e ) the record shall be remitted to person! Ear piercings can be considered fraud, so the parties responsible might arrested... Establishment will be subject to administrative penalties R.S., ch $ 5,000 a day for each.. A suit brought under this section shall be available for inspection on the.. Section shall be sterilized by: ( 1 ) the use of a dry heat ;. Period not to exceed seven days temporary tattooing or body piercing location license is valid for a violation continues occurs... Section is in the county in which the violation occurred or in county... On the preferences of the individual who will receive the body piercing studio or temporary location a. 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