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A05909 Summary:

BILL NOA05909
 
SAME ASNo Same As
 
SPONSORJackson
 
COSPNSR
 
MLTSPNSR
 
Add §404-d, amd §436, Gen Bus L
 
Requires certain businesses licensed to practice appearance enhancement, cosmetology, and/or barbering provide adequate handwashing facilities and such facilities are used between clients; requires gloves be provided.
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A05909 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5909
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 24, 2025
                                       ___________
 
        Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
          tee on Economic Development
 
        AN ACT to amend the general  business  law,  in  relation  to  requiring
          certain businesses licensed to practice appearance enhancement, cosme-
          tology,  and/or  barbering provide adequate handwashing facilities and
          such facilities are used between clients
 
          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 section
     2  404-d to read as follows:
     3    § 404-d. Sanitary rules. 1. All businesses licensed under this article
     4  shall:
     5    (a)  be  maintained  and operated in accordance with the provisions of
     6  the state sanitary code, except in the city of New York where  the  city
     7  health  code  shall  apply,  and  all  licensees  or persons employed or
     8  engaged therein  or  in  connection  therewith  shall  comply  with  the
     9  provisions of such rules.
    10    (b) ensure adequate handwashing facilities are provided and maintained
    11  and keep in good repair in or adjacent to toilet rooms. Such handwashing
    12  facilities  shall include: (i) running hot and cold or tempered  potable
    13  water;   (ii) where self-closing or  metering  faucets  are  used,  such
    14  faucets  provide  a  flow  of water for at least fifteen seconds without
    15  need  to reactivate the faucet; (iii) steam  mixing  valves are  prohib-
    16  ited;  (iv)  in new construction or extensively altered installations, a
    17  mixing valve or combination faucet with hot and cold or tempered  water;
    18  (v)  hand cleaning soap or detergent with a sanitary storage receptacle;
    19  (vi) individual single-service towels, warm air blowers or  clean  indi-
    20  vidual sections of continuous cloth; (vii) waste receptacles; and (viii)
    21  signage  developed  by the department in conjunction with the department
    22  of health in English, Spanish, and Chinese  which  indicates  that  hand
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03424-01-5

        A. 5909                             2
 
     1  washing is mandatory before returning to work.  Such handwashing facili-
     2  ties shall be used between clients.
     3    (c)  provide gloves approved by the department in conjunction with the
     4  department of health to employees.  Such gloves shall be  discarded  and
     5  replaced when switching clients or when punctured, torn, or damaged.
     6    2.  No  business  licensed  under  this article shall have handwashing
     7  facilities which use steam mixing valves or common towels.
     8    § 2. Section 436 of the general business law, as  amended  by  chapter
     9  499 of the laws of 1961, is amended to read as follows:
    10    § 436. Sanitary rules. 1. All barber shops shall:
    11    (a)  be  maintained  and operated in accordance with the provisions of
    12  the state sanitary code, except in the city of New York where  the  city
    13  health  code  shall  apply,  and  all  licensees  or persons employed or
    14  engaged therein  or  in  connection  therewith  shall  comply  with  the
    15  provisions of such rules.
    16    (b) ensure adequate handwashing facilities are provided and maintained
    17  and keep in good repair in or adjacent to toilet rooms. Such handwashing
    18  facilities  shall include: (i) running hot and cold or tempered  potable
    19  water;   (ii) where self-closing or  metering  faucets  are  used,  such
    20  faucets  provide  a  flow  of water for at least fifteen seconds without
    21  need  to reactivate the faucet; (iii) steam  mixing  valves are  prohib-
    22  ited;  (iv)  in new construction or extensively altered installations, a
    23  mixing valve or combination faucet with hot and cold or tempered  water;
    24  (v)  hand cleaning soap or detergent with a sanitary storage receptacle;
    25  (vi) individual single-service towels, warm air blowers or  clean  indi-
    26  vidual sections of continuous cloth; (vii) waste receptacles; and (viii)
    27  signage  developed  by the department in conjunction with the department
    28  of health in English, Spanish, and Chinese  which  indicates  that  hand
    29  washing  is mandatory before returning to work. Such handwashing facili-
    30  ties shall be used between clients.
    31    (c) provide gloves approved by the department in conjunction with  the
    32  department  of  health to employees.  Such gloves shall be discarded and
    33  replaced when switching clients or when punctured, torn, or damaged.
    34    2. No barber shop shall have handwashing facilities  which  use  steam
    35  mixing valves or common towels.
    36    § 3. This act shall take effect on the one hundred eightieth day after
    37  it  shall have become a law. Effective immediately, the addition, amend-
    38  ment and/or repeal of any rule or regulation necessary for the implemen-
    39  tation of this act on its effective date are authorized to be  made  and
    40  completed on or before such effective date.
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