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S01569 Summary:

BILL NOS01569A
 
SAME ASNo Same As
 
SPONSORAVELLA
 
COSPNSRBOYLE, SERRANO
 
MLTSPNSR
 
Add Art 35-G §§759-b - 759-h, Gen Bus L
 
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.
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S01569 Actions:

BILL NOS01569A
 
01/10/2017REFERRED TO CONSUMER PROTECTION
06/07/2017AMEND (T) AND RECOMMIT TO CONSUMER PROTECTION
06/07/2017PRINT NUMBER 1569A
01/03/2018REFERRED TO CONSUMER PROTECTION
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S01569 Text:



 
                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.
                                                                   LBD01264-02-7

        S. 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; or

        S. 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.
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