Bill Text: NY S05114 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Relates to defining natural hair braiding and threading and exempting natural hair braiding and threading from certain licensing requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CONSUMER PROTECTION [S05114 Detail]

Download: New_York-2021-S05114-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          5114

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 24, 2021
                                       ___________

        Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection

        AN ACT to amend the  general  business  law,  in  relation  to  defining
          natural hair braiding and threading, and exempting natural hair braid-
          ing and threading from certain licensing requirements

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 5 of section 400 of the general  business  law,
     2  as  amended  by  chapter 343 of the laws of 1998, is amended and two new
     3  subdivisions 5-a and 5-b are added to read as follows:
     4    5. The practice of "natural hair styling" means providing for  a  fee,
     5  or any consideration or exchange, whether direct or indirect, any of the
     6  following  services to the hair of a human being: shampooing, arranging,
     7  or dressing[, twisting, wrapping, weaving, extending, locking or  braid-
     8  ing]  the  hair  or  beard by either hand or mechanical appliances. Such
     9  practice shall not include cutting, shaving or trimming hair except that
    10  such activities are permissible to the extent that such  activities  are
    11  incidental  to the practice of natural hair styling. Such practice shall
    12  not include the application of dyes, reactive chemicals, or other prepa-
    13  rations to alter the color or to straighten, curl, or alter  the  struc-
    14  ture of the hair. [Techniques which result in tension on hair roots such
    15  as  certain  types of braiding, weaving, wrapping, locking and extending
    16  of the hair may only be performed by a natural hair styling or cosmetol-
    17  ogy licensee who has successfully completed an approved course of  study
    18  in such techniques.]
    19    5-a.  The  practice  of  "natural hair braiding" means providing for a
    20  fee, or any consideration or exchange, whether direct or  indirect,  any
    21  of the following services to the hair of a human being:  twisting, wrap-
    22  ping,  weaving,  extending,  locking,  or  braiding hair by hand or with
    23  mechanical devices, including  clips,  combs,  crochet  hooks,  curlers,
    24  curling   irons,  hairpins,  rollers,  scissors,  blunt-tipped  needles,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05857-01-1
        S. 5114                             2

     1  thread, and hair binders. Natural hair  braiding  includes  the  use  of
     2  natural  or  synthetic  hair  extensions,  natural or synthetic hair and
     3  fibers, decorative beads, and other hair accessories; minor trimming  of
     4  natural  hair or hair extensions incidental to twisting, wrapping, weav-
     5  ing, extending, locking, or braiding  hair;  the  making  of  wigs  from
     6  natural hair, natural fibers, synthetic fibers, and hair extensions; and
     7  the  use  of  topical  agents  such as conditioners, gels, moisturizers,
     8  oils, pomades, and shampoos in conjunction with performing the  practice
     9  of  natural  hair  braiding.  Natural hair braiding is commonly known as
    10  "African-style hair braiding" but  is  not  limited  to  any  particular
    11  cultural,  ethnic,  racial,  or  religious forms of hair styles. Natural
    12  hair braiding is distinct from the practice of cosmetology  and  natural
    13  hair  styling. Natural hair braiding does not include the application of
    14  dyes, reactive chemicals, or other preparations to alter  the  color  of
    15  the  hair or to straighten, curl, or alter the structure of the hair; or
    16  the use of chemical hair joining agents such as synthetic tape,  keratin
    17  bonds, or fusion bonds.
    18    5-b.  The practice of "threading" means a method of removing hair from
    19  the eyebrows, upper lip, or other body parts by using cotton  thread  to
    20  pull  hair  from  follicles.  Threading may include the use of over-the-
    21  counter astringents, gels and powders, and the use of tweezers and scis-
    22  sors incidental to threading. Such practice shall not include the use of
    23  chemicals, heat or any type of wax.
    24    § 2. Section 416 of the general business law is amended  by  adding  a
    25  new subdivision 3 to read as follows:
    26    3.  This  article  shall  not  apply  to the practices of natural hair
    27  braiding or threading.
    28    § 3. This act shall take effect immediately.