· 5 min read
Los Angeles adult production compliance guide.
Before an adult shoot in Los Angeles, producers should review five areas: federal 18 U.S.C. 2257 records, film permits through FilmLA or the local city, the County public health permit under Measure B where it applies, Cal/OSHA workplace safety rules, and performer testing. Each area is explained below with links to the official source.
This is general information, not legal advice. Rules change and depend on the shoot and the city, so confirm your obligations with the agency or your attorney. Adult Content Locations provides locations only: we do not hire, contract with, manage or arrange performers, we do not produce content, and we do not keep records for performers. Every production that books a home is responsible for its own compliance.
At a glance
| Area | What to check | Who to ask |
|---|---|---|
| Performer records | Age checked with ID, records kept, statement of where records are kept | Your attorney |
| Film permit | Whether the shoot needs a permit where the home is, and insurance on file | FilmLA or the city's permit office |
| Public health permit | Whether the County Adult Film Production Public Health Permit applies | LA County Department of Public Health |
| Workplace safety | Bloodborne pathogens standard, Title 8, Section 5193 | Cal/OSHA guidance, your attorney |
| Testing | Performer clearance, if your production uses PASS | Free Speech Coalition, PASS |
| The home | Crew limit, neighbors, rooms and dates in your approval | Us, in your written approval |
1. Federal records: 18 U.S.C. 2257
Under federal law, 18 U.S.C. 2257, anyone who produces visual depictions of actual sexually explicit conduct must check each performer's age with an identification document, keep individually identifiable records for every performer, and include a statement saying where those records are kept. The detailed rules are in the regulations at 28 C.F.R. Part 75.
These duties belong to the producer. Adult Content Locations does not hire, contract with, manage or arrange performers and does not produce content. Every production that books a home is responsible for its own 2257 records, and under our booking terms we may ask for confirmation before or during a booking.
2. Film permits and FilmLA
FilmLA processes film permits for the City of Los Angeles, unincorporated Los Angeles County and several other cities. FilmLA says permits are required for commercial filming in most areas it serves, and calls it a myth that no permit is needed when a production is entirely on private property. Under its permit terms, a FilmLA permit is not effective until the permittee submits evidence of general liability insurance. Check FilmLA's requirements for the area and allow more than three business days.
Outside Los Angeles County the rules differ. NBC4 reported in 2016 that Ventura County requires a permit for every film production and that filming without one is a misdemeanor.
3. Adult film permits in the City of Los Angeles
In the City of Los Angeles, a film permit for an adult film may not be issued unless the producer provides proof of a public health permit obtained under Los Angeles County Code Title 11, Section 11.39.005 and following. This comes from City Ordinance 182,607, effective August 6, 2013, now in the Los Angeles Municipal Code.
4. Measure B and the County public health permit
In November 2012, Los Angeles County voters approved Measure B, the "Safer Sex in the Adult Film Industry Act." It is codified in the Los Angeles County Code, Title 11, Chapter 11.39. The County Department of Public Health says adult film producers filming in unincorporated county areas, or in a city that has adopted Chapter 11.39, must get an Adult Film Production Public Health Permit.
Permit conditions include proof of bloodborne pathogen training for owners, principals, management level employees and directors, a Department approved Exposure Control Plan, displaying the permit where performers can see it, and requiring condoms for vaginal or anal intercourse. Contact the Department of Public Health for current fees and requirements.
The scope has been argued in court, in Vivid Entertainment v. Fielding. The Free Speech Coalition has said that producers shooting only solo or girl-girl content may be outside the measure, and it advised producers to consult counsel. Treat that as the industry group's view, and ask your own attorney how the permit applies to your shoot.
5. Workplace safety: Cal/OSHA
Cal/OSHA's bloodborne pathogens standard, California Code of Regulations Title 8, Section 5193, applies to employers whose workers can be exposed to blood or other potentially infectious materials. After its Standards Board declined to adopt adult film specific amendments in February 2016, Cal/OSHA stated that "barrier protection including condoms is still required to protect adult film workers" under the existing standard, which it said has applied since 1993. Employers should review the standard and Cal/OSHA guidance.
6. Performer testing: PASS
Many professional productions use PASS (Performer Availability Screening Services), the testing and clearance system run with the Free Speech Coalition. Under PASS protocols, a performer's clearance lasts 14 days from the date of testing. The standard panel covers chlamydia, gonorrhea, trichomoniasis, syphilis, hepatitis B, hepatitis C and HIV, with Mycoplasma genitalium required once every 30 days. The PASS database stores only a yes or no work clearance, not test results, and clearance is checked online.
PASS is an industry system. This guide does not say it is required by law.
7. The home and the neighbors
Every booking through Adult Content Locations also comes with house rules in writing: stay within the crew limit, cast and crew together; use only the rooms, areas, dates and times in your approval; keep noise down and park considerately; no scene visible to neighbors or from the street without written approval; no smoking and nothing illegal on the property. Send us your certificate of insurance and a copy of any permit before the first shoot day.
Producer checklist
- Every performer is 18 or older, with age checked against an identification document.
- 2257 records are created and kept, with the required statement of where they are kept.
- The film permit question is answered for the city where the home is, with insurance on file.
- The County public health permit question is answered with your attorney or the Department of Public Health.
- Your Cal/OSHA obligations as an employer are reviewed.
- Your testing protocol is set, if your production uses PASS.
- Certificate of insurance and any permit are sent to us before the first shoot day.
Related: what productions need before booking and the Los Angeles shoot location checklist.
Find a home for your shoot.
Sources
- 18 U.S.C. 2257, statute text (Cornell LII)
- 28 C.F.R. Part 75, record keeping regulations (Cornell LII)
- LA County Department of Public Health, Adult Film Industry
- Measure B ballot text, November 2012
- Free Speech Coalition, Measure B explainer (2017)
- Vivid Entertainment v. Fielding (C.D. Cal. 2013)
- Los Angeles Municipal Code, adult film permits
- City of Los Angeles Ordinance 182,607
- FilmLA: five mistakes to avoid for first time permit applicants
- FilmLA permit terms and conditions
- NBC4 Los Angeles: porn industry uses Airbnb rental houses for filming (2016)
- Cal/OSHA statement, February 19, 2016
- California Code of Regulations, Title 8, Section 5193
- Free Speech Coalition: PASS
- PASS clearance database