Bill Text: NY S01569 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to the registration and certification of pet groomers and pet grooming businesses; defines terms; provides for record keeping, animal management, health and safety standards, and penalties for violations.
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CONSUMER PROTECTION [S01569 Detail]
Download: New_York-2017-S01569-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1569--A 2017-2018 Regular Sessions IN SENATE January 10, 2017 ___________ Introduced by Sens. AVELLA, BOYLE, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to the registra- tion and certification of pet groomers and pet grooming businesses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new article 2 35-G to read as follows: 3 ARTICLE 35-G 4 REGISTRATION AND CERTIFICATION OF PET GROOMERS AND PET 5 GROOMING FACILITIES 6 Section 759-b. Legislative intent. 7 759-c. Definitions. 8 759-d. Pet grooming registration required. 9 759-e. Pet groomer registration. 10 759-f. Health and safety standards. 11 759-g. Penalties for violations. 12 759-h. Rules and regulations. 13 § 759-b. Legislative intent. The legislature hereby finds and deter- 14 mines that pets are an integral part of many families in the state of 15 New York. The legislature further finds and determines that many pet 16 owners choose to use pet grooming facilities to maintain their pet's 17 appearance, health or well-being and, by doing so, these individuals are 18 entrusting their pet to the care of professionals skilled in the groom- 19 ing, cleaning and styling of animals. The legislature determines that it 20 is important to establish safe and sanitary practices for those individ- 21 ual professionals who are providing for the care and treatment of 22 animals through their grooming, cleaning and styling. The legislature 23 further finds that these professionals should be required to register EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01264-02-7S. 1569--A 2 1 with the state of New York and follow certain basic rules to provide 2 safe grooming services to those individuals who seek their services. 3 Therefore, the purpose of this law is to require pet groomers to regis- 4 ter with the state and to follow common sense care and safety regu- 5 lations when providing their services. 6 § 759-c. Definitions. For the purposes of this article, the following 7 terms shall have the following meanings: 8 1. "Apprentice" means a person who is engaged in learning and acquir- 9 ing knowledge of pet grooming or styling under the direction and super- 10 vision of a pet groomer. 11 2. "Box dryer" means a piece of equipment that is attached to, or 12 near, a cage or enclosure for the purpose of drying or aiding in the 13 drying of a pet contained in a cage or enclosure, and which is capable 14 of functioning without a person manually holding a dryer. 15 3. "Cage or crate" means a safe and humane container for the keeping 16 and/or housing of pets in a facility. 17 4. "Continuing education" means any program or course of study 18 intended to enhance knowledge and skills in subjects relevant to one's 19 profession. 20 5. "Department" means the department of state. 21 6. "Grooming" means any act of preparing, cleaning, trimming, or styl- 22 ing animal hair by an individual for financial remuneration. 23 7. "Incident" means when the skin of any pet or person is broken, when 24 a pet sustains an injury of any kind during the course of a grooming 25 session, or a pet has an allergic reaction during the course of a groom- 26 ing session. 27 8. "Pet" means any dog, cat or other animal accepted for grooming or 28 styling. 29 9. "Pet groomer" means any individual who clips, trims, styles, bathes 30 or dries a pet for financial remuneration. 31 10. "Pet grooming business" means any person, corporation, firm or 32 proprietorship or other entity or business organization that engages in 33 a business that provides pet grooming or styling services. This shall 34 include businesses that provide their services at a commercial building, 35 from a mobile unit, from the business owner's home, or are provided at a 36 customer's home, grounds or business using equipment provided by a pet 37 groomer. 38 11. "Pet restraint" shall mean any tool or piece of equipment used or 39 attached to a grooming arm, tub or other facility, fixture or equipment 40 to hold a pet safely and under control. 41 § 759-d. Pet grooming registration required. 1. No pet grooming busi- 42 ness shall operate within the state of New York unless it has registered 43 with the department in accordance with the provisions of this section. 44 The initial application fee for registration of a pet grooming business 45 shall be fifty dollars. Registration shall be filed biennially for a fee 46 of one hundred dollars. 47 2. Each registrant shall provide the following information and appro- 48 priate supporting documentation to the department: 49 (a) The name of the pet grooming business; 50 (b) The principal address and the names of all owners of the business; 51 and 52 (c) Documents providing proof of professional and general liability 53 and property damage insurance and workers' compensation insurance. 54 3. The department shall conduct a background check to verify applicant 55 has not been convicted of animal cruelty or neglect or interpersonal 56 violence.S. 1569--A 3 1 4. No applicant for registration or renewal shall have any outstanding 2 judgment for child support against him or her, or be in arrears in child 3 support payments as determined by official court records or official 4 government records, at the time an application is filed for such regis- 5 tration or renewal. If an applicant has such a judgment against him or 6 her, or is in arrears, but is current in payments on a judicially 7 approved, or support collection unit sanctioned payment schedule to pay 8 off or reduce such judgment or arrears, then such individual shall not 9 be deemed ineligible for registration or renewal on the grounds of such 10 judgment or arrears. At least thirty days prior to the expiration of a 11 registration, the department shall send a written notice to a registrant 12 informing said registrant of his or her obligation to comply with the 13 provisions of this section pertaining to compliance with child support 14 obligations. If necessary, a second written notice shall be sent by the 15 department to a registrant sixty days after the registration has lapsed, 16 informing said registrant of his or her obligation to comply with the 17 provisions of this section pertaining to compliance with the child 18 support obligations. In addition, the local department of social 19 services, through its support collection unit, shall notify all current 20 noncustodial parents of the obligations contained in this section. 21 5. Biennial registration shall be contingent upon the registrant 22 demonstrating successful completion of eight hours of continuing educa- 23 tion on safety and sanitation from a professional pet groomers and styl- 24 ists alliance compliant administrator. This requirement may be satisfied 25 through in person training, personalized coaching, webinars, distance 26 learning, industry shows, seminars, events, workshops or any combination 27 thereof. 28 6. The department shall provide each pet grooming business which has 29 complied with the registration requirements provided in this section 30 with a registration certificate and an identification card, which shall 31 have a registration number and expiration date. 32 7. Pet grooming businesses shall display their registration number on 33 all vehicles and identification used by employees. 34 8. Pet grooming businesses shall comply with all local, state and 35 federal laws, rules and regulations. 36 § 759-e. Pet groomer registration. 1. No natural person shall provide 37 services as a pet groomer in the state of New York unless they have 38 registered with the department in accordance with the provisions of this 39 section. The initial application fee for registration as a pet groomer 40 shall be twenty-five dollars. Registration shall be filed biennially for 41 a fee of fifty dollars. Registrants who are owners of a registered pet 42 grooming business shall be exempt from the pet groomer registration fees 43 provided for in this section. 44 2. Registrants must be at least eighteen years of age. 45 3. The department shall conduct a background check to verify applicant 46 has not been convicted of animal cruelty or neglect or interpersonal 47 violence. 48 4. Each registrant must provide the following information and appro- 49 priate documentation to the department: 50 (a) Proof of age; and 51 (b) Documents demonstrating that the applicant has either: 52 (i) Received training in the field of pet grooming for at least one 53 hundred fifty hours, either as an apprentice or from a school or insti- 54 tution that provides instruction in pet grooming and is compliant with 55 the professional pet groomers and stylists alliance standards of care 56 for safety and sanitation; orS. 1569--A 4 1 (ii) Successfully completed a grooming certification course through a 2 professional pet groomers and stylists alliance compliant membership 3 organization in good standing at the time of completion; or 4 (iii) Has continually operated a business providing pet grooming 5 services or has been employed as a pet groomer in good standing for a 6 period of at least one year prior to the effective date of this article. 7 5. The department shall provide each pet groomer who has complied with 8 the registration requirements a registration certificate and an iden- 9 tification card, which shall have a registration number and expiration 10 date. 11 6. Natural persons who are employed by only one pet grooming business 12 shall be exempt from the individual pet groomer registration require- 13 ments set forth in this article. 14 7. Natural persons engaged in grooming a dog or cat for a specific 15 exhibition or competition shall be exempt from the individual pet groom- 16 er registration requirements set forth in this article. 17 8. Biennial registration shall be contingent upon the registrant 18 providing proof of successful completion of eight hours of continuing 19 education on safety and sanitation from a professional pet groomers and 20 stylists alliance compliant administrator. This requirement may be 21 satisfied through in person training, personalized coaching, webinars, 22 distance learning, industry shows, seminars, events, workshops or any 23 combination thereof. 24 § 759-f. Health and safety standards. 1. Pet grooming businesses shall 25 provide temporary housing for pets that is in good repair, safe, secure 26 and stable. Pets should be able to sit, stand and turn around comfort- 27 ably in any crate or enclosure. All pet housing shall be sufficiently 28 ventilated and climate controlled for the health and safety of the pet. 29 2. Pet grooming businesses and groomers must offer fresh water to any 30 pet confined more than four hours. 31 3. No pet shall be left unsupervised while on a grooming table or in 32 the bathing areas. Bathing areas used by grooming businesses should be 33 in safe, operational condition with non-slip flooring for pets and pet 34 groomers. Water temperature should be set appropriately to prevent inju- 35 ry to pets. 36 4. All equipment, tools and products used by pet grooming businesses 37 shall be in good working condition and used in a professional manner. 38 All pet restraints used shall be both secure and species appropriate. 39 Pet grooming businesses and pet groomers shall only use products and/or 40 chemicals in the grooming and styling of pets that are species appropri- 41 ate. Any pesticide used on a pet shall be approved by the department of 42 environmental conservation. 43 5. Pets in box dryers shall be attended to by at least one person in 44 the room at all times. 45 6. The facilities used by pet grooming businesses shall be clean, neat 46 and orderly, with enclosures and work spaces cleaned between uses by 47 different pets. Facilities shall have appropriate ventilation and first 48 aid kits available for pets and personnel. 49 7. All facilities used by pet grooming businesses shall have emergency 50 procedures to assure the health and safety of pets in the event of an 51 emergency situation. This shall include, but shall not be limited to, 52 the name and contact information of a local emergency veterinarian to be 53 used by pet groomers or pet owners in the event of a pet's medical emer- 54 gency and/or protocols promoting training in cardiopulmonary resusci- 55 tation, first aid, and other emergency care.S. 1569--A 5 1 8. Pet grooming businesses shall keep and maintain records of all 2 clients and their respective pets, including, but not limited to: the 3 name of the pet, the age of the pet (if known), the name, address and 4 phone number of the pet owner; any known allergies or preexisting condi- 5 tions of the pet; the services provided; and the dates of services 6 rendered. Incident reports shall be created in the event of an incident 7 occurring with a pet. General records shall be retained for at least one 8 calendar year from the date of service. Incident reports shall be 9 retained for at least three years from the date of service. Incidents 10 resulting in pain or significant injury shall be reported to the appro- 11 priate authorities for investigation. 12 9. Apprentices working in a pet grooming business must be under the 13 supervision of a pet groomer. 14 § 759-g. Penalties for violations. 1. Except as provided in subdivi- 15 sion two of this section, any pet grooming business which violates any 16 of the provisions of this article shall be subject to a civil penalty of 17 no less than five hundred dollars and no more than one thousand dollars 18 for each violation. 19 2.Violations of this article that do not involve the health and safety 20 of a pet, shall be subject to a civil penalty of no less than fifty 21 dollars and no more than one hundred dollars for each violation. 22 3. The department is hereby empowered to revoke or deny a registration 23 certificate to any pet grooming business or pet groomer which fails to 24 file all required information, files falsified information or is found 25 responsible for more than three violations during any registration peri- 26 od of two years. Any pet grooming business or pet groomer whose regis- 27 tration is revoked or denied may reapply after a period of two years. 28 4. Any civil penalty, revocation or denial of registration may only be 29 assessed by the department following a hearing and opportunity for an 30 alleged violator to be heard. 31 5. In addition to any civil penalties imposed by the department pursu- 32 ant to this section, any person who shall conduct a pet grooming busi- 33 ness requiring registration under this article without obtaining such 34 registration or who shall continue to engage in such business after 35 having a registration revoked or denied shall be guilty of a misdemeanor 36 and, upon conviction, shall be subject to a fine of not more than five 37 thousand dollars or imprisonment for up to one year, or both. Each such 38 violation shall be deemed a separate offense. 39 § 759-h. Rules and regulations. The department is hereby authorized 40 and empowered to issue and promulgate such rules and regulations as 41 deemed necessary for the implementation and enforcement of this article. 42 § 2. This act shall take effect on the one hundred eightieth day after 43 it shall have become a law.
