Bill Text: NY S05146 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides for the registration and regulation of pet groomers; establishes standards of care, training and testing; provides such applicant must be at least eighteen years of age.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-05-18 - PRINT NUMBER 5146C [S05146 Detail]
Download: New_York-2017-S05146-Introduced.html
Bill Title: Provides for the registration and regulation of pet groomers; establishes standards of care, training and testing; provides such applicant must be at least eighteen years of age.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-05-18 - PRINT NUMBER 5146C [S05146 Detail]
Download: New_York-2017-S05146-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5146 2017-2018 Regular Sessions IN SENATE March 9, 2017 ___________ Introduced by Sen. LANZA -- 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 the licensing and regulation of pet groomers 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 29-CCC to read as follows: 3 ARTICLE 29-CCC 4 LICENSING AND REGULATION OF PET GROOMERS 5 Section 539. Definitions. 6 540. Standard of care. 7 541. Record keeping. 8 542. Licenses. 9 543. License refusal, suspension or revocation. 10 544. Inspections. 11 545. Violations. 12 546. Current practitioners. 13 § 539. Definitions. As used in this article, the following terms shall 14 have the following meanings: 15 1. "Pet" means an animal as defined by subdivision five of section 16 three hundred fifty of the agriculture and markets law. 17 2. "Licensed pet groomer" means an individual, licensed as a pet 18 groomer who bathes, brushes, clips or styles a pet for financial remun- 19 eration. 20 3. "Pet groomer" means an individual, working under the supervision of 21 a licensed pet groomer at the grooming facility. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01080-01-7S. 5146 2 1 4. "Pet grooming facility" means a business including a mobile facili- 2 ty where a pet may be bathed, brushed, clipped or styled, and (i) pet 3 grooming is the establishment's predominant source of sales, or (ii) pet 4 grooming services are offered within a retail store. 5 § 540. Standard of care. 1. The primary concern of every person 6 licensed pursuant to this article, and those working under the super- 7 vision of such person, shall be the safety and well-being of the pet in 8 their care. Pets shall not be left unattended while at the grooming 9 facility. In the event a pet is left unattended, the pet shall be kept 10 in a structurally sound, clean cage. Pets shall be cared for according 11 to the minimum standards of subdivisions one, two, three and four of 12 section four hundred one of the agriculture and markets law, and any 13 other sections of the agriculture and markets law relating to the care 14 of pets. 15 2. Every location where pets are groomed shall display contact infor- 16 mation for the secretary of state. 17 § 541. Record keeping. 1. Each pet groomer shall keep and maintain 18 records regarding each animal cared for and the owner thereof. Such 19 records shall include the name and address of the owner, the services 20 provided, and the date such services were provided. 21 2. Records for each animal shall be maintained for a minimum period of 22 one year from the date of service. During normal business hours, such 23 records shall be made available to persons authorized by law to enforce 24 the provisions of this article. 25 § 542. Licenses. 1. Any person intending to own or operate a pet 26 grooming business as defined in this article shall hold a license issued 27 by the secretary of state. 28 2. The secretary of state, in cooperation and consultation with the 29 department of agriculture and markets, shall establish a training 30 program and testing procedure for applicants interested in obtaining 31 such license. The objectives of the training and examination shall be 32 to ensure the applicants have sufficient skills to safeguard the health 33 and safety of the animal, and to ensure that the applicants have 34 attained adequate levels of skill to competently engage in pet grooming. 35 The program shall be available both online and on-site, and shall be 36 held at least quarterly by the state or an authority approved by the 37 secretary of state. 38 3. The secretary of state shall create and maintain a roster of licen- 39 sees. Such record shall include disciplinary action, suspension of 40 license and revocation. 41 4. No individual shall be permitted to take an examination for a pet 42 groomer's license unless such applicant is at least sixteen years of 43 age. 44 5. If the applicant meets the necessary qualifications, has completed 45 the training and passed the examination, the secretary of state shall 46 issue such applicant a license as a pet groomer upon payment of a forty 47 dollar annual registration fee. 48 6. A licensed pet groomer may employ individuals, under his or her 49 direct supervision. A licensed pet groomer must be on premises at all 50 times. The name of the person in charge of any pet grooming facility 51 shall be posted in a conspicuous place in such facility and the license 52 of such person shall be prominently displayed. 53 § 543. License refusal, suspension or revocation. 1. The secretary of 54 state may decline to grant or renew, or may suspend or revoke a pet 55 groomer's license for a false statement as to a material matter in the 56 application for such license, for persistent improper record keeping orS. 5146 3 1 business practices, or for a violation of any provision of this law or 2 any law relating to the humane treatment of animals. 3 2. The secretary of state shall conduct a hearing before revoking or 4 suspending any license or before issuing any order directing the cessa- 5 tion of unlicensed activities. At least ten days prior to the date set 6 for the hearing, the holder of such license shall be notified in writ- 7 ing, or the person alleged to have engaged in unlicensed activities, of 8 any charges made and shall afford such person an opportunity to be heard 9 in person or by counsel in reference hereto. The hearing on such charg- 10 es shall be at such time and place as the department shall prescribe. 11 3. Any action of the secretary of state pursuant to this section shall 12 be subject to judicial review in a proceeding pursuant to article seven- 13 ty-eight of the civil practice law and rules. 14 § 544. Inspections. The secretary of state or his or her authorized 15 agents shall be authorized to jointly coordinate with the commissioner 16 of agriculture and markets or his or her authorized agents to inspect 17 pet grooming facilities to ensure compliance with the provisions of this 18 article. Nothing herein shall limit the ability of the department of 19 agriculture and markets to enforce the provisions of the agriculture and 20 markets law as applicable to such facility. Authority to conduct such 21 inspections to enforce the provisions of this article and report thereon 22 may be delegated by the secretary of state to a municipality. 23 § 545. Violations. 1. In addition to denial, revocation, suspension or 24 refusal of renewal of a license, as otherwise provided in this article, 25 any violation of a provision of this article is a civil offense, for 26 which a penalty of not less than one hundred dollars nor more than five 27 hundred dollars for each violation may be imposed, provided however for 28 violations not affecting the health and safety of a person or a pet at 29 the pet grooming facility, the secretary of state may allow for a cure 30 period or other opportunity for ameliorative action, the successful 31 completion of which will prevent the imposition of penalties on the 32 party or parties subject to enforcement. The secretary of state shall 33 implement an appeals process for such licensed pet groomer who wishes to 34 contest the imposition of a penalty related to a civil offense. 35 2. The provisions of this article may be concurrently enforced by the 36 secretary of state and by any municipality to which the secretary of 37 state has delegated authority. Moneys collected thereunder shall be 38 retained by the local municipality. 39 3. Nothing in this article shall be construed to limit or restrict any 40 municipality with a population of one million or more from enacting or 41 enforcing a local law, rule, regulation or ordinance governing pet 42 groomers, provided however, that any such local law, rule, regulation, 43 or ordinance shall be no less stringent than the applicable provisions 44 of this article. 45 § 546. Current practitioners. Individuals engaged in pet grooming on 46 the effective date of this article may continue in such capacity for one 47 year from the time regulations are finalized, but must, within said 48 year, make application for a license as provided in this article and 49 will be subject to the provisions of this article thereafter. 50 § 2. This act shall take effect on the ninetieth day after it shall 51 have become a law; provided, however, that effective immediately the 52 addition, amendment or repeal of any rule or regulation necessary for 53 the implementation of this act on its effective date are authorized and 54 directed to be made and completed on or before such effective date.
