S05688 Summary:

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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S05688 Actions:

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S05688 Committee Votes:

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S05688 Floor Votes:

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S05688 Memo:

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S05688 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                     March 16, 2021
        Introduced  by  Sen.  LANZA  -- 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
     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.

        S. 5688                             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. 5688                             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 his  or  her
    44  direct  supervision. A registered pet groomer must be on premises at all
    45  times 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. 5688                             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 his or her authorized
    17  agents shall be authorized to jointly coordinate with  the  commissioner
    18  of  agriculture  and  markets or his or her authorized agents to inspect
    19  pet grooming facilities to ensure compliance with the provisions of this
    20  article or if a complaint warrants  such  inspection.    Nothing  herein
    21  shall  limit the ability of the department of agriculture and markets to
    22  enforce the provisions of the agriculture and markets law as  applicable
    23  to  such facility.  Authority to conduct such inspections to enforce the
    24  provisions of this article and report thereon may be  delegated  by  the
    25  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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