S T A T E O F N E W Y O R K
________________________________________________________________________
7088
I N S E N A T E
March 23, 2016
___________
Introduced by Sen. AVELLA -- 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 licensing
and regulation of pet groomers and pet grooming facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new article
29-CCC to read as follows:
ARTICLE 29-CCC
LICENSING AND REGULATION OF PET GROOMERS AND PET
GROOMING FACILITIES
SECTION 539. DEFINITIONS.
540. FACILITIES STANDARDS.
541. RECORD KEEPING.
542. ANIMAL MANAGEMENT, HANDLING AND SAFETY STANDARDS.
543. LICENSING REGULATIONS.
544. INSPECTIONS.
545. CURRENT PRACTITIONERS.
546. VIOLATIONS.
547. OTHER PROTECTIONS.
S 539. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "PET" SHALL MEAN ANY DOG, CAT OR OTHER ANIMAL ACCEPTED FOR GROOMING
OR STYLING.
2. "PET GROOMING", "PET STYLING", "GROOMING" OR "STYLING" SHALL MEAN
CLIPPING, TRIMMING, STYLING, OR BATHING A PET FOR FINANCIAL REMUNERA-
TION.
3. "PET GROOMER", "PET STYLIST", "GROOMER", "STYLIST" OR
"BATHER/BRUSHER" SHALL MEAN AN INDIVIDUAL WHO CLIPS, TRIMS, STYLES, OR
BATHES A PET FOR FINANCIAL REMUNERATION AND WHO ADHERES TO THESE INDUS-
TRY STANDARDS OF CARE FOR SAFETY AND SANITATION.
4. "PET GROOMING OR STYLING FACILITY", "GROOMING SALON" OR "FACILITY"
SHALL MEAN A COMMERCIAL ESTABLISHMENT WHERE A PET MAY BE BATHED,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13769-03-6
S. 7088 2
BRUSHED, CLIPPED, TRIMMED AND/OR STYLED. THIS MAY BE A BRICK-AND-MORTAR
FACILITY, A MOBILE UNIT, OR HOME GROOMING FACILITY.
5. "HOUSE CALL" OR "HOUSE CALL GROOMER" SHALL MEAN A PERSON WHO CLIPS,
TRIMS, STYLES, OR BATHES A PET WITHIN THE CONFINES OF THE CUSTOMER'S
PRIVATE HOME, GROUNDS, OR BUSINESS.
6. "STUDENT", "TRAINEE" OR "APPRENTICE" SHALL MEAN A PERSON WHO IS
ENGAGED IN LEARNING AND ACQUIRING KNOWLEDGE OF PET GROOMING OR STYLING,
EITHER UNDER THE DIRECTION AND SUPERVISION OF A PET GROOMER OR STYLIST
OR WHILE ENROLLED IN A GROOMING OR STYLING SCHOOL, ACADEMY OR TRAINING
PROGRAM.
7. "SCHOOL", "ACADEMY" OR "TRAINING PROGRAM" SHALL MEAN AN ESTABLISH-
MENT OR PROGRAM THAT TEACHES PET GROOMING AND/OR STYLING IN A COURSE OF
INSTRUCTION WHICH INCORPORATES THESE INDUSTRY STANDARDS OF CARE FOR
SAFETY AND SANITATION.
8. "CRATE" OR "CAGE" SHALL MEAN A SAFE AND HUMANE CONTAINMENT METHOD
OF KEEPING AND/OR HOUSING PETS IN THE FACILITY.
9. "CONTINUING EDUCATION" SHALL MEAN ANY PROGRAM OR COURSE OF STUDY
INTENDED TO ENHANCE KNOWLEDGE OF SUBJECTS RELEVANT TO ONE'S PROFESSION.
10. "PET FIRST AID" SHALL MEAN RECOGNITION OF INJURY OR ILLNESS AND
PROTOCOL FOR ENSURING THE PET RECEIVES APPROPRIATE CARE.
11. "PET FRIENDLY" SHALL MEAN ANY PRODUCT, CHEMICAL, TOOL OR PIECE OF
EQUIPMENT WHICH IS SAFE FOR USE FOR PETS.
12. "PET RESTRAINT" SHALL MEAN ANY PET FRIENDLY RESTRAINT USED OR
ATTACHED TO A GROOMING ARM, TUB, OR OTHER FACILITY FIXTURE OR EQUIPMENT
TO HOLD THE PET SAFELY AND UNDER CONTROL.
S 540. FACILITIES STANDARDS. 1. PET HOUSING STANDARDS. ALL PETS
ENTRUSTED TO THE CARE OF A PET GROOMER OR STYLIST SHALL BE TREATED
HUMANELY AND COMPASSIONATELY, INCLUDING BUT NOT LIMITED TO:
(A) ALL PET HOUSING PROVIDED BY THE FACILITY SHALL BE IN GOOD REPAIR,
SAFE, SECURE, STABLE, DURABLE, WELL PROTECTED, COMFORTABLE AND IN AN
ESCAPE CONTROLLED ENVIRONMENT.
(B) PETS SHOULD BE ABLE TO SIT, STAND AND TURN AROUND COMFORTABLY IN
THE PROVIDED CRATE OR ENCLOSURE.
(C) IF CRATES ARE UTILIZED, SUCH CRATES AND/OR ENCLOSURES SHALL BE:
(I) ADEQUATELY VENTILATED FOR THE PET'S HEALTH, SAFETY AND COMFORT;
(II) OF MATERIAL THAT IS EASY TO CLEAN; AND
(III) ARRANGED SO PERSONNEL CAN SAFELY SEE AND ACCESS ALL AREAS OF THE
CRATES AND ENCLOSURES.
(D) UNLESS BY OWNER'S CONSENT, NO MORE THAN ONE PET MAY BE HOUSED PER
CRATE OR ENCLOSURE.
(E) PETS CONFINED FOR MORE THAN THIRTY MINUTES SHALL BE OFFERED FRESH
WATER.
(F) EVERY FACILITY SHOULD PROVIDE A SAFE AND HEALTHY WORKING ENVIRON-
MENT FOR ALL PERSONNEL AND THE PETS LEFT IN THEIR CARE.
2. BATHING AREAS. (A) ALL BATHING AREAS SHALL BE IN GOOD REPAIR AND
SAFE OPERATING CONDITION.
(B) PRODUCTS AND/OR CHEMICALS USED IN THE PROCESS OF GROOMING AND
STYLING SHALL COMPLY WITH ALL APPLICABLE LOCAL, STATE AND FEDERAL GUIDE-
LINES, RULES AND REGULATIONS AND BE PET FRIENDLY.
(C) TUBS FOR THE BATHING OF DOGS SHALL HAVE A NON-SLIP BOTTOM SURFACE.
(D) WATER TEMPERATURE SHALL BE SET AT AN APPROPRIATE LEVEL FOR THE PET
AND CARE SHALL BE TAKEN TO PREVENT DISCOMFORT OR INJURY FROM EXCESSIVELY
HOT OR COLD WATER.
(E) THERE SHALL BE A NON-SLIP SURFACE ON THE FLOOR BY EACH TUB FOR
GROOMERS AND STYLISTS.
S. 7088 3
3. GROOMING AREAS. (A) GROOMING TABLES SHALL BE SAFE, STURDY AND IN
GOOD OPERATING CONDITION.
(B) TABLE TOPS FOR DOGS SHALL BE EQUIPPED WITH A NON-SLIP SURFACE THAT
IS EASY TO CLEAN.
(C) GROOMING ARMS, BY WHICH THE PET IS RESTRAINED, SHALL BE PET
FRIENDLY AND SECURE.
(D) ALL OTHER PRODUCTS, TOOLS AND EQUIPMENT USED IN THE PERFORMANCE OF
THE WORK SHALL BE MAINTAINED IN GOOD WORKING CONDITION AND USED IN A
SAFE, PROFESSIONAL MANNER.
(E) PET RESTRAINTS SHALL BE SAFE AND HUMANE AND FOLLOW CURRENT STAND-
ARDS OF PRACTICE FOR ALL PETS.
(F) THE FACILITY SHALL BE CLEANED AS NECESSARY FOR PET AND HUMAN
HEALTH.
(G) CRATES, ENCLOSURES, TUBS AND TABLES SHALL BE CLEANED BETWEEN EACH
PET.
4. GENERAL FACILITY STANDARDS. (A) A FIRST AID KIT FOR THE BENEFIT OF
PETS AND ALL PERSONNEL, INCLUDING EYE WASH PRODUCTS AND EQUIPMENT, SHALL
BE ON SITE.
(B) THE FACILITY SHALL BE VENTILATED TO PROVIDE FOR GOOD AIR QUALITY.
(C) AIR TEMPERATURE SHALL PROVIDE FOR THE SAFETY, HEALTH AND COMFORT
OF ALL PERSONNEL AND ALL PETS.
(D) WHEN PETS ARE PRESENT, AT LEAST ONE PERSON TRAINED IN PET FIRST
AID SHALL BE IN THE FACILITY.
(E) EMERGENCY ACTION PROTOCOLS SHALL BE IN PLACE TO ASSURE ALL PETS
WITHIN THE FACILITY RECEIVE PROPER CARE IF AN EMERGENCY SITUATION
ARISES.
(F) EACH FACILITY SHALL HAVE THE NAME AND CONTACT INFORMATION OF A
LOCAL EMERGENCY VETERINARIAN POSTED AND READILY AVAILABLE.
(G) CLEANING PRODUCTS AND EQUIPMENT SHALL BE MADE READILY AVAILABLE TO
ALL PERSONNEL.
(H) THE FACILITY SHALL CARRY GENERAL AND PROFESSIONAL LIABILITY INSUR-
ANCE.
(I) THE FACILITY SHALL BE IN COMPLIANCE WITH ALL LOCAL, STATE, AND
FEDERAL LAWS, RULES AND REGULATIONS.
S 541. RECORD KEEPING. 1. RECORDS. THE FACILITY SHALL KEEP AND MAIN-
TAIN RECORDS OF ALL CLIENTS AND THEIR RESPECTIVE PETS. SUCH RECORDS
SHALL INCLUDE THE NAME, ADDRESS AND PHONE NUMBERS OF THE OWNER, THE
SERVICES PROVIDED, AND THE DATE SUCH SERVICES WERE PROVIDED.
2. MINIMUM PERIOD. RECORDS FOR EACH PET SHALL BE MAINTAINED FOR A
MINIMUM PERIOD OF ONE YEAR FROM THE DATE OF SERVICE.
3. INCIDENT REPORTS. PET INCIDENT REPORTS SHALL BE CREATED IN THE
EVENT OF ANY INCIDENT THAT OCCURS AND KEPT ON FILE FOR A MINIMUM OF
THREE YEARS.
4. PERSONNEL RECORDS. ACCURATE SAFETY AND HEALTH RECORDS FOR ALL
PERSONNEL SHALL BE MAINTAINED IN ACCORDANCE WITH LOCAL, STATE AND FEDER-
AL REQUIREMENTS.
S 542. ANIMAL MANAGEMENT, HANDLING AND SAFETY STANDARDS. 1. GENERAL
PROFESSIONAL STANDARDS.
(A) ALL PETS SHALL BE TREATED AND HANDLED SAFELY, HUMANELY AND COMPAS-
SIONATELY AT ALL TIMES.
(B) NO PET SHALL BE LEFT UNSUPERVISED WHILE ON THE GROOMING TABLE OR
IN THE BATHING TUB.
(C) PET GROOMERS AND STYLISTS SHALL BE KNOWLEDGEABLE IN THE SAFE AND
HEALTHY HANDLING OF PETS. STUDENTS, TRAINEES OR APPRENTICES WORKING IN A
FACILITY MUST BE UNDER THE SUPERVISION OF A PET GROOMER LICENSED UNDER
THIS ARTICLE.
S. 7088 4
(D) WHEN BRUSHING, COMBING, DEMATTING, BATHING, TOPICALLY CONDITIONING
SKIN AND COAT, GROOMING OR STYLING THE PET, ALL PRODUCTS, TOOLS AND
EQUIPMENT SHALL PROVIDE FOR THE SAFETY AND HEALTH OF THE PET.
2. WORK STANDARDS. (A) ALL PET GROOMERS AND STYLISTS SHALL BE IN
COMPLIANCE WITH ACCEPTED INDUSTRY STANDARDS.
(B) STUDENTS, TRAINEES OR APPRENTICES WORKING IN A FACILITY MUST BE
UNDER THE SUPERVISION OF A PET GROOMER LICENSED UNDER THIS ARTICLE.
(C) ALL PERSONNEL SHALL CONDUCT THEMSELVES IN A MANNER THAT PROMOTES
THE SAFE, HUMANE AND COMPASSIONATE HANDLING AND MANAGEMENT OF PETS.
(D) PRODUCTS, TOOLS AND EQUIPMENT USED IN PERFORMANCE OF THE WORK
SHALL BE SAFE AND HUMANE.
(E) THE PET CARE FACILITY AND THEIR STAFF SHALL PRESENT A CLEAN, NEAT
APPEARANCE.
(F) WORKSTATIONS SHALL BE CLEANED BETWEEN EACH PET.
(G) ALL PET GROOMERS AND STYLISTS SHALL BE KNOWLEDGEABLE IN SAFE
HANDLING AND MANAGEMENT OF PETS TO INCLUDE, BUT NOT BE LIMITED TO:
(I) ACCEPTING ANIMALS FROM AND RETURNING THEM TO OWNERS;
(II) SAFE AND HUMANE APPROACH AND RETRIEVAL TECHNIQUES;
(III) SAFE AND HUMANE HANDLING TECHNIQUES;
(IV) SAFE AND HUMANE USE OF PET RESTRAINTS; AND
(V) SAFE AND HUMANE MANAGEMENT OF BEHAVIORAL ISSUES.
S 543. LICENSING REGULATIONS. 1. TRAINING PROGRAM AND TESTING PROCE-
DURES. THE SECRETARY OF STATE, IN COOPERATION WITH THE DEPARTMENT OF
AGRICULTURE AND MARKETS, SHALL ESTABLISH A TRAINING PROGRAM AND TESTING
PROCEDURE FOR PET GROOMING APPLICANTS.
2. SECRETARY OF STATE. THE SECRETARY OF STATE SHALL:
(A) CREATE AND MAINTAIN A LIST OF LICENSED GROOMERS.
(B) ISSUE A LICENSE TO QUALIFIED INDIVIDUALS, AFTER PAYMENT OF A
LICENSING FEE TO BE DETERMINED BY THE SECRETARY OF STATE.
(C) CONDUCT A PROPER BACKGROUND CHECK TO VERIFY THAT THE APPLICANT HAS
NOT BEEN CONVICTED OF ANY ANIMAL CRUELTY OR NEGLECT CHARGES AND DOES NOT
HAVE A HISTORY OF INTERPERSONAL VIOLENCE.
3. LICENSED GROOMERS. LICENSED GROOMERS SHALL BE ON THE PREMISES AT
ALL TIMES AND MAY EMPLOY INDIVIDUALS UNDER HIS OR HER DIRECT SUPER-
VISION, WHO ARE IN TRAINING FOR GROOMER EXAMINATION.
4. DISPLAY. LICENSES SHALL BE DISPLAYED IN A CONSPICUOUS PLACE.
5. REFUSAL. LICENSES CAN BE REFUSED, SUSPENDED OR REVOKED BY THE
SECRETARY OF STATE.
S 544. INSPECTIONS. 1. ANNUAL INSPECTIONS. THE SECRETARY OF STATE OR
HIS OR HER AUTHORIZED AGENTS SHALL MAKE ANNUAL INSPECTIONS OF PET GROOM-
ING FACILITIES.
2. COMPLAINT REVIEW BOARD. THE SECRETARY OF STATE SHALL CREATE A
COMPLAINT REVIEW BOARD WHERE CONSUMERS CAN FILE COMPLAINTS. SUCH
COMPLAINTS SHALL BE INVESTIGATED BY SUCH SECRETARY OR HIS OR HER AUTHOR-
IZED AGENTS.
S 545. CURRENT PRACTITIONERS. INDIVIDUALS ENGAGED IN PET GROOMING ON
THE EFFECTIVE DATE OF THIS ARTICLE MAY CONTINUE IN SUCH CAPACITY FOR ONE
YEAR FROM SUCH DATE, BUT SHALL, WITHIN SUCH YEAR, APPLY FOR A LICENSE
THROUGH A PROCESS TO BE DETERMINED BY THE SECRETARY OF STATE AND SHALL
BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE THEREAFTER.
S 546. VIOLATIONS. 1. CIVIL OFFENSE. VIOLATIONS OF ANY PROVISION OF
THIS ARTICLE IS A CIVIL OFFENSE WHICH MAY CARRY A PENALTY OF NOT LESS
THAN TWO HUNDRED FIFTY DOLLARS.
2. CRIMINAL OFFENSE. VIOLATIONS CAUSING ANIMALS PAIN OR DEATH SHALL BE
REFERRED IMMEDIATELY TO THE APPROPRIATE DISTRICT ATTORNEY'S OFFICE FOR
CRIMINAL PROSECUTION.
S. 7088 5
S 547. OTHER PROTECTIONS. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED
TO AFFECT ANY PROTECTION AFFORDED TO PETS UNDER ANY OTHER PROVISION OF
LAW OR IN ANYWAY PRECLUDE CHARGES PURSUANT TO ARTICLE TWENTY-SIX OF THE
AGRICULTURE AND MARKETS LAW RELATING TO CRUELTY TO ANIMALS.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.