Cook, Zebrowski, McDonough, Rosenthal L, Abinanti, Seawright, Vanel, Ortiz, Gottfried
MLTSPNSR
Dinowitz, Perry
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.
STATE OF NEW YORK
________________________________________________________________________
225--A
Cal. No. 316
2019-2020 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2019
___________
Introduced by M. of A. PAULIN, COOK, ZEBROWSKI, McDONOUGH, L. ROSENTHAL,
ABINANTI, SEAWRIGHT, VANEL, ORTIZ, GOTTFRIED -- Multi-Sponsored by --
M. of A. DINOWITZ, PERRY -- read once and referred to the Committee
on Economic Development -- reported and referred to the Committee on
Codes -- reported and referred to the Committee on Ways and Means --
reported from committee, advanced to a third reading, amended and
ordered reprinted, retaining its place on the order of third reading
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00600-05-9
A. 225--A 2
1 2. "Registered pet groomer" means an individual, registered as a pet
2 groomer who bathes, brushes, dries, clips or styles a pet for financial
3 remuneration.
4 3. "Pet groomer" means an individual, working under the supervision of
5 a registered pet groomer at the grooming facility.
6 4. "Pet grooming facility" means a business permanently operating in
7 New York state, including mobile facilities, where a pet may be bathed,
8 dried, brushed, clipped or styled, and (i) pet grooming is the estab-
9 lishment's predominant source of sales, or (ii) pet grooming services
10 are offered within a retail store. A pet grooming facility shall not
11 include any self-service pet grooming facilities, including but not
12 limited to businesses such as car wash facilities where pet grooming is
13 ancillary to the primary business of the facility or businesses that
14 provide customers with pet grooming equipment and/or supplies for
15 customers to use to groom their own personal pets and employees at such
16 self-service pet grooming facilities only provide assistance demonstrat-
17 ing how to operate equipment properly and safely. If a self-service pet
18 grooming facility also offers pet grooming services, then such facility
19 shall be considered a pet grooming facility and a registered pet groomer
20 would be required to be on premises. For purposes of this section,
21 locations used for temporary events, such as pet shows and exhibitions,
22 are not considered a pet grooming facility. Further, a pet grooming
23 facility shall not include a home-based breeder as defined by paragraph
24 (a) of subdivision four of section four hundred of the agriculture and
25 markets law.
26 § 540. Standard of care. 1. The primary concern of every person regis-
27 tered pursuant to this article, and those working under the supervision
28 of such person, shall be the safety and well-being of the pet in their
29 care. No pet shall be left unaccompanied while restrained or unres-
30 trained on a grooming table, in a bathing area or in a dryer. Pets shall
31 be cared for according to the minimum standards of subdivisions one,
32 two, three and four of section four hundred one of the agriculture and
33 markets law, and any other sections of the agriculture and markets law
34 relating to the care of pets.
35 2. Every pet grooming facility where pets are groomed shall display
36 contact information for the secretary of state and a copy of their
37 certificate of registration as required by section five hundred forty-
38 two of this article.
39 § 541. Record keeping. 1. Each pet groomer shall keep and maintain
40 records regarding each animal cared for and the owner thereof. Such
41 records shall include the name, contact number, and address of the
42 owner, the services provided, and the date such services were provided.
43 Further, each pet grooming facility shall request from pet owners proof
44 of annual vaccinations and a record of any known medical issues, condi-
45 tions or injuries for each pet groomed.
46 2. Records for each animal shall be maintained for a minimum period of
47 one year from the date of service. During normal business hours, such
48 records shall be made available to persons authorized by law to enforce
49 the provisions of this article.
50 § 542. Certificate of registration. 1. Any person intending to own or
51 operate a pet grooming facility as defined in this article shall hold a
52 certificate of registration issued by the secretary of state as required
53 by this article.
54 2. The secretary of state, in cooperation and consultation with the
55 department of agriculture and markets, shall establish a training
56 program for applicants interested in obtaining such registration. The
A. 225--A 3
1 objectives of the training shall be to ensure the applicants have suffi-
2 cient skills to safeguard the health and safety of the animal. The
3 training shall be available through an educational course or program
4 developed by the department and/or offered through a groomer certif-
5 ication school, organization or program approved by the department.
6 Such educational training programs or courses shall, at a minimum,
7 include basic health, safety, animal first aid, best sanitation prac-
8 tices and general care and grooming for animals. Such training shall
9 also be available online by the state or an organization approved by the
10 secretary of state.
11 3. The secretary of state shall create and maintain an online roster
12 of registrants. Such record shall include disciplinary action, suspen-
13 sion of registration and revocation.
14 4. No individual shall be permitted to register as a pet groomer
15 unless such applicant is at least eighteen years of age.
16 5. (a) If the applicant provides the necessary business information
17 and has completed the training and received a certificate, then the
18 secretary of state shall issue such applicant a certificate of registra-
19 tion as a registered pet groomer upon payment of a forty dollar annual
20 registration fee. At minimum, each registrant shall provide:
21 (i) the name of the pet grooming facility;
22 (ii) the principal address, contact number, and names of all the
23 owners of the business;
24 (iii) evidence of appropriate training, such as: (1) having been in
25 the field of pet grooming either as an apprentice program or from a
26 school or institution approved by the department and that provides an
27 organization instruction in pet grooming; or (2) has successfully
28 completed a grooming certification course through a professional pet
29 groomers and stylists alliance compliant membership organization in good
30 standing at the time of completion and such program is approved by the
31 department; and
32 (iv) any other information that the department deems necessary and
33 appropriate.
34 (b) Individuals currently engaged in pet grooming on the effective
35 date of this article may apply for a certificate of registration by
36 providing:
37 (i) payment of the same registration fee as required in paragraph (a)
38 of this subdivision;
39 (ii) the name of the pet grooming facility;
40 (iii) the principal address, contact number, and names of all the
41 owners of the business;
42 (iv) evidence of completion of a training program approved by the
43 department; and
44 (v) any other information that the department deems necessary and
45 appropriate.
46 (c) The department shall provide each pet grooming facility which has
47 complied with the registration requirements as provided for in this
48 article with a certificate of registration and an identification card or
49 certificate, which shall have an identification number and expiration
50 date.
51 6. A registered pet groomer may employ individuals, under his or her
52 direct supervision. A registered pet groomer must be on premises at all
53 times that a pet is being actively groomed. The grooming facility shall
54 display in a conspicuous place in such facility the certificate of
55 registration.
A. 225--A 4
1 § 543. Certificate of registration refusal, suspension or revocation.
2 1. The secretary of state may decline to grant or renew, or may suspend
3 or revoke a pet groomer's certificate of registration for a false state-
4 ment as to a material matter in the application for such certificate of
5 registration, for persistent improper record keeping or business prac-
6 tices, or for a violation of any provision of this law or any law relat-
7 ing to the humane treatment of animals.
8 2. The secretary of state shall conduct a hearing before revoking or
9 suspending any certificate of registration or before issuing any order
10 directing the cessation of unauthorized activities. At least ten days
11 prior to the date set for the hearing, the holder of such certificate of
12 registration shall be notified in writing, or the person alleged to have
13 engaged in unauthorized activities, of any charges made and shall afford
14 such person an opportunity to be heard in person or by counsel in refer-
15 ence hereto. The hearing on such charges shall be at such time and
16 place as the department shall prescribe. Any pet grooming facility or
17 pet groomer whose certificate of registration is revoked, denied, or
18 suspended may reapply after re-taking a training course as approved by
19 the department as well as demonstrate to the secretary of state their
20 ability to provide for the humane and appropriate care and safety of
21 pets in their care.
22 3. Any action of the secretary of state pursuant to this section shall
23 be subject to judicial review in a proceeding pursuant to article seven-
24 ty-eight of the civil practice law and rules.
25 § 544. Inspections. The secretary of state or his or her authorized
26 agents shall be authorized to jointly coordinate with the commissioner
27 of agriculture and markets or his or her authorized agents to inspect
28 pet grooming facilities to ensure compliance with the provisions of this
29 article or if a complaint warrants such inspection. Nothing herein
30 shall limit the ability of the department of agriculture and markets to
31 enforce the provisions of the agriculture and markets law as applicable
32 to such facility. Authority to conduct such inspections to enforce the
33 provisions of this article and report thereon may be delegated by the
34 secretary of state to a municipality.
35 § 545. Violations. 1. In addition to denial, revocation, suspension or
36 refusal of renewal of a certificate of registration, as otherwise
37 provided in this article, any violation of a provision of this article
38 is a civil offense, for which a penalty of not less than one hundred
39 dollars nor more than five hundred dollars for each violation may be
40 imposed, provided however for violations not affecting the health and
41 safety of a person or a pet at the pet grooming facility, the secretary
42 of state may allow for a cure period or other opportunity for ameliora-
43 tive action, the successful completion of which will prevent the imposi-
44 tion of penalties on the party or parties subject to enforcement. The
45 secretary of state shall implement an appeals process for such regis-
46 tered pet groomer who wishes to contest the imposition of a penalty
47 related to a civil offense.
48 2. The provisions of this article may be concurrently enforced by the
49 secretary of state and by any municipality to which the secretary of
50 state has delegated authority. Moneys collected thereunder shall be
51 retained by the local municipality.
52 3. Nothing in this article shall be construed to limit or restrict any
53 municipality with a population of one million or more from enacting or
54 enforcing a local law, rule, regulation or ordinance governing pet
55 groomers, provided however, that any such local law, rule, regulation,
A. 225--A 5
1 or ordinance shall be no less stringent than the applicable provisions
2 of this article.
3 § 2. This act shall take effect on the one hundred eightieth day after
4 it shall have become a law. Effective immediately, the addition, amend-
5 ment and/or repeal of any rule or regulation necessary for the implemen-
6 tation of this act on its effective date are authorized to be made and
7 completed on or before such effective date.
