S00408 Summary:

BILL NOS00408A
 
SAME ASSAME AS A00225-A
 
SPONSORLANZA
 
COSPNSR
 
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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S00408 Actions:

BILL NOS00408A
 
01/09/2019REFERRED TO CONSUMER PROTECTION
06/06/2019AMEND AND RECOMMIT TO CONSUMER PROTECTION
06/06/2019PRINT NUMBER 408A
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S00408 Committee Votes:

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S00408 Floor Votes:

There are no votes for this bill in this legislative session.
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S00408 Memo:

Memo not available
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S00408 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         408--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced  by  Sen.  LANZA  -- 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 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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00600-06-9

        S. 408--A                           2
 
     1    3. "Pet groomer" means an individual, working under the supervision of
     2  a registered pet groomer at the grooming facility.
     3    4.  "Pet  grooming facility" means a business permanently operating in
     4  New York state, including mobile facilities, where a pet may be  bathed,
     5  dried,  brushed,  clipped  or styled, and (i) pet grooming is the estab-
     6  lishment's predominant source of sales, or (ii)  pet  grooming  services
     7  are  offered  within  a retail store.  A pet grooming facility shall not
     8  include any self-service pet  grooming  facilities,  including  but  not
     9  limited  to businesses such as car wash facilities where pet grooming is
    10  ancillary to the primary business of the  facility  or  businesses  that
    11  provide  customers  with  pet  grooming  equipment  and/or  supplies for
    12  customers to use to groom their own personal pets and employees at  such
    13  self-service pet grooming facilities only provide assistance demonstrat-
    14  ing  how to operate equipment properly and safely. If a self-service pet
    15  grooming facility also offers pet grooming services, then such  facility
    16  shall be considered a pet grooming facility and a registered pet groomer
    17  would  be  required  to  be  on  premises. For purposes of this section,
    18  locations used for temporary events, such as pet shows and  exhibitions,
    19  are  not  considered  a  pet  grooming facility. Further, a pet grooming
    20  facility shall not include a home-based breeder as defined by  paragraph
    21  (a)  of  subdivision four of section four hundred of the agriculture and
    22  markets law.
    23    § 540. Standard of care. 1. The primary concern of every person regis-
    24  tered pursuant to this article, and those working under the  supervision
    25  of  such  person, shall be the safety and well-being of the pet in their
    26  care. No pet shall be left  unaccompanied  while  restrained  or  unres-
    27  trained on a grooming table, in a bathing area or in a dryer. Pets shall
    28  be  cared  for  according  to the minimum standards of subdivisions one,
    29  two, three and four of section four hundred one of the  agriculture  and
    30  markets  law,  and any other sections of the agriculture and markets law
    31  relating to the care of pets.
    32    2. Every pet grooming facility where pets are  groomed  shall  display
    33  contact  information  for  the  secretary  of  state and a copy of their
    34  certificate of registration as required by section five  hundred  forty-
    35  two of this article.
    36    §  541.  Record  keeping.  1. Each pet groomer shall keep and maintain
    37  records regarding each animal cared for  and  the  owner  thereof.  Such
    38  records  shall  include  the  name,  contact  number, and address of the
    39  owner, the services provided, and the date such services were  provided.
    40  Further,  each pet grooming facility shall request from pet owners proof
    41  of annual vaccinations and a record of any known medical issues,  condi-
    42  tions or injuries for each pet groomed.
    43    2. Records for each animal shall be maintained for a minimum period of
    44  one  year  from  the date of service. During normal business hours, such
    45  records shall be made available to persons authorized by law to  enforce
    46  the provisions of this article.
    47    §  542. Certificate of registration. 1. Any person intending to own or
    48  operate a pet grooming facility as defined in this article shall hold  a
    49  certificate of registration issued by the secretary of state as required
    50  by this article.
    51    2.  The  secretary  of state, in cooperation and consultation with the
    52  department of  agriculture  and  markets,  shall  establish  a  training
    53  program  for  applicants interested in obtaining such registration.  The
    54  objectives of the training shall be to ensure the applicants have suffi-
    55  cient skills to safeguard the health  and  safety  of  the  animal.  The
    56  training  shall  be  available  through an educational course or program

        S. 408--A                           3
 
     1  developed by the department and/or offered  through  a  groomer  certif-
     2  ication  school,  organization  or  program  approved by the department.
     3  Such educational training programs  or  courses  shall,  at  a  minimum,
     4  include  basic  health,  safety, animal first aid, best sanitation prac-
     5  tices and general care and grooming for animals.   Such  training  shall
     6  also be available online by the state or an organization approved by the
     7  secretary of state.
     8    3.  The  secretary of state shall create and maintain an online roster
     9  of registrants. Such record shall include disciplinary  action,  suspen-
    10  sion of registration and revocation.
    11    4.  No  individual  shall  be  permitted  to register as a pet groomer
    12  unless such applicant is at least eighteen years of age.
    13    5. (a) If the applicant provides the  necessary  business  information
    14  and  has  completed  the  training  and received a certificate, then the
    15  secretary of state shall issue such applicant a certificate of registra-
    16  tion as a registered pet groomer upon payment of a forty  dollar  annual
    17  registration fee. At minimum, each registrant shall provide:
    18    (i) the name of the pet grooming facility;
    19    (ii)  the  principal  address,  contact  number,  and names of all the
    20  owners of the business;
    21    (iii) evidence of appropriate training, such as: (1)  having  been  in
    22  the  field  of  pet  grooming  either as an apprentice program or from a
    23  school or institution approved by the department and  that  provides  an
    24  organization  instruction  in  pet  grooming;  or  (2)  has successfully
    25  completed a grooming certification course  through  a  professional  pet
    26  groomers and stylists alliance compliant membership organization in good
    27  standing  at  the time of completion and such program is approved by the
    28  department; and
    29    (iv) any other information that the  department  deems  necessary  and
    30  appropriate.
    31    (b)  Individuals  currently  engaged  in pet grooming on the effective
    32  date of this article may apply for  a  certificate  of  registration  by
    33  providing:
    34    (i)  payment of the same registration fee as required in paragraph (a)
    35  of this subdivision;
    36    (ii) the name of the pet grooming facility;
    37    (iii) the principal address, contact number,  and  names  of  all  the
    38  owners of the business;
    39    (iv)  evidence  of  completion  of  a training program approved by the
    40  department; and
    41    (v) any other information that  the  department  deems  necessary  and
    42  appropriate.
    43    (c)  The department shall provide each pet grooming facility which has
    44  complied with the registration requirements  as  provided  for  in  this
    45  article with a certificate of registration and an identification card or
    46  certificate,  which  shall  have an identification number and expiration
    47  date.
    48    6. A registered pet groomer may employ individuals, under his  or  her
    49  direct  supervision. A registered pet groomer must be on premises at all
    50  times that a pet is being actively groomed. The grooming facility  shall
    51  display  in  a  conspicuous  place  in  such facility the certificate of
    52  registration.
    53    § 543. Certificate of registration refusal, suspension or  revocation.
    54  1.  The secretary of state may decline to grant or renew, or may suspend
    55  or revoke a pet groomer's certificate of registration for a false state-
    56  ment as to a material matter in the application for such certificate  of

        S. 408--A                           4
 
     1  registration,  for  persistent improper record keeping or business prac-
     2  tices, or for a violation of any provision of this law or any law relat-
     3  ing to the humane treatment of animals.
     4    2.  The  secretary of state shall conduct a hearing before revoking or
     5  suspending any certificate of registration or before issuing  any  order
     6  directing  the  cessation  of unauthorized activities. At least ten days
     7  prior to the date set for the hearing, the holder of such certificate of
     8  registration shall be notified in writing, or the person alleged to have
     9  engaged in unauthorized activities, of any charges made and shall afford
    10  such person an opportunity to be heard in person or by counsel in refer-
    11  ence hereto.  The hearing on such charges shall  be  at  such  time  and
    12  place  as  the  department shall prescribe. Any pet grooming facility or
    13  pet groomer whose certificate of registration  is  revoked,  denied,  or
    14  suspended  may  reapply after re-taking a training course as approved by
    15  the department as well as demonstrate to the secretary  of  state  their
    16  ability  to  provide  for  the humane and appropriate care and safety of
    17  pets in their care.
    18    3. Any action of the secretary of state pursuant to this section shall
    19  be subject to judicial review in a proceeding pursuant to article seven-
    20  ty-eight of the civil practice law and rules.
    21    § 544. Inspections. The secretary of state or his  or  her  authorized
    22  agents  shall  be authorized to jointly coordinate with the commissioner
    23  of agriculture and markets or his or her authorized  agents  to  inspect
    24  pet grooming facilities to ensure compliance with the provisions of this
    25  article  or  if  a  complaint warrants such inspection.   Nothing herein
    26  shall limit the ability of the department of agriculture and markets  to
    27  enforce  the provisions of the agriculture and markets law as applicable
    28  to such facility.  Authority to conduct such inspections to enforce  the
    29  provisions  of  this  article and report thereon may be delegated by the
    30  secretary of state to a municipality.
    31    § 545. Violations. 1. In addition to denial, revocation, suspension or
    32  refusal of renewal  of  a  certificate  of  registration,  as  otherwise
    33  provided  in  this article, any violation of a provision of this article
    34  is a civil offense, for which a penalty of not  less  than  one  hundred
    35  dollars  nor  more  than  five hundred dollars for each violation may be
    36  imposed, provided however for violations not affecting  the  health  and
    37  safety  of a person or a pet at the pet grooming facility, the secretary
    38  of state may allow for a cure period or other opportunity for  ameliora-
    39  tive action, the successful completion of which will prevent the imposi-
    40  tion  of  penalties on the party or parties subject to enforcement.  The
    41  secretary of state shall implement an appeals process  for  such  regis-
    42  tered  pet  groomer  who  wishes  to contest the imposition of a penalty
    43  related to a civil offense.
    44    2. The provisions of this article may be concurrently enforced by  the
    45  secretary  of  state  and  by any municipality to which the secretary of
    46  state has delegated authority.  Moneys  collected  thereunder  shall  be
    47  retained by the local municipality.
    48    3. Nothing in this article shall be construed to limit or restrict any
    49  municipality  with  a population of one million or more from enacting or
    50  enforcing a local law,  rule,  regulation  or  ordinance  governing  pet
    51  groomers,  provided  however, that any such local law, rule, regulation,
    52  or ordinance shall be no less stringent than the  applicable  provisions
    53  of this article.
    54    § 2. This act shall take effect on the one hundred eightieth day after
    55  it shall have become a law.  Effective immediately, the addition, amend-
    56  ment and/or repeal of any rule or regulation necessary for the implemen-

        S. 408--A                           5
 
     1  tation  of  this act on its effective date are authorized to be made and
     2  completed on or before such effective date.
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