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S06963 Summary:

BILL NOS06963
 
SAME ASNo Same As
 
SPONSORLANZA
 
COSPNSRMURRAY
 
MLTSPNSR
 
Add Art 29-CCC §§539 - 545, Gen Bus L
 
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.
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S06963 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6963
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     March 27, 2025
                                       ___________
 
        Introduced by Sens. LANZA, MURRAY -- 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 registra-
          tion 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                  REGISTRATION AND REGULATION OF PET GROOMERS
 
     5  Section 539. Definitions.
     6          540. Standard of care.
     7          541. Record keeping.
     8          542. Certificate of registration.
     9          543. Certificate  of registration refusal, suspension or revoca-
    10                 tion.
    11          544. Inspections.
    12          545. Violations.
 
    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.  "Registered  pet groomer" means an individual, registered as a pet
    18  groomer who bathes, brushes, dries, clips or styles a pet for  financial
    19  remuneration.
    20    3. "Pet groomer" means an individual, working under the supervision of
    21  a registered pet groomer at the grooming facility.
    22    4.  "Pet  grooming facility" means a business permanently operating in
    23  New York state, including mobile facilities, where a pet may be  bathed,
    24  dried,  brushed,  clipped  or styled, and (i) pet grooming is the estab-
    25  lishment's predominant source of sales, or (ii)  pet  grooming  services

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11089-01-5

        S. 6963                             2
 
     1  are  offered  within  a retail store.  A pet grooming facility shall not
     2  include any self-service pet  grooming  facilities,  including  but  not
     3  limited  to businesses such as car wash facilities where pet grooming is
     4  ancillary  to  the  primary  business of the facility or businesses that
     5  provide customers  with  pet  grooming  equipment  and/or  supplies  for
     6  customers  to use to groom their own personal pets and employees at such
     7  self-service pet grooming facilities only provide assistance demonstrat-
     8  ing how to operate equipment properly and safely. If a self-service  pet
     9  grooming  facility also offers pet grooming services, then such facility
    10  shall be considered a pet grooming facility and a registered pet groomer
    11  would be required to be on  premises.  For  purposes  of  this  section,
    12  locations  used for temporary events, such as pet shows and exhibitions,
    13  are not considered a pet grooming  facility.  Further,  a  pet  grooming
    14  facility  shall not include a home-based breeder as defined by paragraph
    15  (a) of subdivision four of section four hundred of the  agriculture  and
    16  markets law.
    17    § 540. Standard of care. 1. The primary concern of every person regis-
    18  tered  pursuant to this article, and those working under the supervision
    19  of such person, shall be the safety and well-being of the pet  in  their
    20  care.  No  pet  shall  be  left unaccompanied while restrained or unres-
    21  trained on a grooming table, in a bathing area or in a dryer. Pets shall
    22  be cared for according to the minimum  standards  of  subdivisions  one,
    23  two,  three  and four of section four hundred one of the agriculture and
    24  markets law, and any other sections of the agriculture and  markets  law
    25  relating to the care of pets.
    26    2.  Every  pet  grooming facility where pets are groomed shall display
    27  contact information for the secretary of  state  and  a  copy  of  their
    28  certificate  of  registration as required by section five hundred forty-
    29  two of this article.
    30    § 541. Record keeping. 1. Each pet groomer  shall  keep  and  maintain
    31  records  regarding  each  animal  cared  for and the owner thereof. Such
    32  records shall include the name,  contact  number,  and  address  of  the
    33  owner,  the services provided, and the date such services were provided.
    34  Further, each pet grooming facility shall request from pet owners  proof
    35  of  annual vaccinations and a record of any known medical issues, condi-
    36  tions or injuries for each pet groomed.
    37    2. Records for each animal shall be maintained for a minimum period of
    38  one year from the date of service. During normal  business  hours,  such
    39  records  shall be made available to persons authorized by law to enforce
    40  the provisions of this article.
    41    § 542. Certificate of registration. 1. Any person intending to own  or
    42  operate  a pet grooming facility as defined in this article shall hold a
    43  certificate of registration issued by the secretary of state as required
    44  by this article.
    45    2. The secretary of state, in cooperation and  consultation  with  the
    46  department  of  agriculture  and  markets,  shall  establish  a training
    47  program for applicants interested in obtaining such registration.    The
    48  objectives of the training shall be to ensure the applicants have suffi-
    49  cient  skills  to  safeguard  the  health  and safety of the animal. The
    50  training shall be available through an  educational  course  or  program
    51  developed  by  the  department  and/or offered through a groomer certif-
    52  ication school, organization or  program  approved  by  the  department.
    53  Such  educational  training  programs  or  courses  shall, at a minimum,
    54  include basic health, safety, animal first aid,  best  sanitation  prac-
    55  tices  and  general  care and grooming for animals.  Such training shall

        S. 6963                             3
 
     1  also be available online by the state or an organization approved by the
     2  secretary of state.
     3    3.  The  secretary of state shall create and maintain an online roster
     4  of registrants. Such record shall include disciplinary  action,  suspen-
     5  sion of registration and revocation.
     6    4.  No  individual  shall  be  permitted  to register as a pet groomer
     7  unless such applicant is at least eighteen years of age.
     8    5. (a) If the applicant provides the  necessary  business  information
     9  and  has  completed  the  training  and received a certificate, then the
    10  secretary of state shall issue such applicant a certificate of registra-
    11  tion as a registered pet groomer upon payment of a forty  dollar  annual
    12  registration fee. At minimum, each registrant shall provide:
    13    (i) the name of the pet grooming facility;
    14    (ii)  the  principal  address,  contact  number,  and names of all the
    15  owners of the business;
    16    (iii) evidence of appropriate training, such as: (1)  having  been  in
    17  the  field  of  pet  grooming  either as an apprentice program or from a
    18  school or institution approved by the department and  that  provides  an
    19  organization  instruction  in  pet  grooming;  or  (2)  has successfully
    20  completed a grooming certification course  through  a  professional  pet
    21  groomers and stylists alliance compliant membership organization in good
    22  standing  at  the time of completion and such program is approved by the
    23  department; and
    24    (iv) any other information that the  department  deems  necessary  and
    25  appropriate.
    26    (b)  Individuals  currently  engaged  in pet grooming on the effective
    27  date of this article may apply for  a  certificate  of  registration  by
    28  providing:
    29    (i)  payment of the same registration fee as required in paragraph (a)
    30  of this subdivision;
    31    (ii) the name of the pet grooming facility;
    32    (iii) the principal address, contact number,  and  names  of  all  the
    33  owners of the business;
    34    (iv)  evidence  of  completion  of  a training program approved by the
    35  department; and
    36    (v) any other information that  the  department  deems  necessary  and
    37  appropriate.
    38    (c)  The department shall provide each pet grooming facility which has
    39  complied with the registration requirements  as  provided  for  in  this
    40  article with a certificate of registration and an identification card or
    41  certificate,  which  shall  have an identification number and expiration
    42  date.
    43    6. A registered pet groomer may employ individuals, under their direct
    44  supervision. A registered pet groomer must be on premises at  all  times
    45  that  a  pet  is  being  actively  groomed.  The grooming facility shall
    46  display in a conspicuous place  in  such  facility  the  certificate  of
    47  registration.
    48    §  543. Certificate of registration refusal, suspension or revocation.
    49  1. The secretary of state may decline to grant or renew, or may  suspend
    50  or revoke a pet groomer's certificate of registration for a false state-
    51  ment  as to a material matter in the application for such certificate of
    52  registration, for persistent improper record keeping or  business  prac-
    53  tices, or for a violation of any provision of this law or any law relat-
    54  ing to the humane treatment of animals.
    55    2.  The  secretary of state shall conduct a hearing before revoking or
    56  suspending any certificate of registration or before issuing  any  order

        S. 6963                             4
 
     1  directing  the  cessation  of unauthorized activities. At least ten days
     2  prior to the date set for the hearing, the holder of such certificate of
     3  registration shall be notified in writing, or the person alleged to have
     4  engaged in unauthorized activities, of any charges made and shall afford
     5  such person an opportunity to be heard in person or by counsel in refer-
     6  ence  hereto.    The  hearing  on such charges shall be at such time and
     7  place as the department shall prescribe. Any pet  grooming  facility  or
     8  pet  groomer  whose  certificate  of registration is revoked, denied, or
     9  suspended may reapply after re-taking a training course as  approved  by
    10  the  department  as  well as demonstrate to the secretary of state their
    11  ability to provide for the humane and appropriate  care  and  safety  of
    12  pets in their care.
    13    3. Any action of the secretary of state pursuant to this section shall
    14  be subject to judicial review in a proceeding pursuant to article seven-
    15  ty-eight of the civil practice law and rules.
    16    § 544. Inspections. The secretary of state or such secretary's author-
    17  ized  agents  shall be authorized to jointly coordinate with the commis-
    18  sioner of agriculture and  markets  or  such  commissioner's  authorized
    19  agents  to inspect pet grooming facilities to ensure compliance with the
    20  provisions of this article or if a complaint warrants  such  inspection.
    21  Nothing  herein shall limit the ability of the department of agriculture
    22  and markets to enforce the provisions of the agriculture and markets law
    23  as applicable to such facility.  Authority to conduct  such  inspections
    24  to  enforce  the  provisions  of  this article and report thereon may be
    25  delegated by the secretary of state to a municipality.
    26    § 545. Violations. 1. In addition to denial, revocation, suspension or
    27  refusal of renewal  of  a  certificate  of  registration,  as  otherwise
    28  provided  in  this article, any violation of a provision of this article
    29  is a civil offense, for which a penalty of not  less  than  one  hundred
    30  dollars  nor  more  than  five hundred dollars for each violation may be
    31  imposed, provided however for violations not affecting  the  health  and
    32  safety  of a person or a pet at the pet grooming facility, the secretary
    33  of state may allow for a cure period or other opportunity for  ameliora-
    34  tive action, the successful completion of which will prevent the imposi-
    35  tion  of  penalties on the party or parties subject to enforcement.  The
    36  secretary of state shall implement an appeals process  for  such  regis-
    37  tered  pet  groomer  who  wishes  to contest the imposition of a penalty
    38  related to a civil offense.
    39    2. The provisions of this article may be concurrently enforced by  the
    40  secretary  of  state  and  by any municipality to which the secretary of
    41  state has delegated authority.  Moneys  collected  thereunder  shall  be
    42  retained by the local municipality.
    43    3. Nothing in this article shall be construed to limit or restrict any
    44  municipality  with  a population of one million or more from enacting or
    45  enforcing a local law,  rule,  regulation  or  ordinance  governing  pet
    46  groomers,  provided  however, that any such local law, rule, regulation,
    47  or ordinance shall be no less stringent than the  applicable  provisions
    48  of this article.
    49    § 2. This act shall take effect on the one hundred eightieth day after
    50  it shall have become a law.  Effective immediately, the addition, amend-
    51  ment and/or repeal of any rule or regulation necessary for the implemen-
    52  tation  of  this act on its effective date are authorized to be made and
    53  completed on or before such effective date.
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