NY State Senate Bill 2017-S1569A

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to consumer protection
Jun 07, 2017	print number 1569a
Jun 07, 2017	amend (t) and recommit to consumer protection
Jan 10, 2017	referred to consumer protection

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S1569 - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 35-G §§759-b - 759-h, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:: S7088

2017-S1569 - Summary

Relates to the registration and certification of pet groomers and pet grooming businesses; defines terms; provides for record keeping, animal management, health and safety standards, and penalties for violations.

2017-S1569 - Sponsor Memo

                                 BILL NUMBER:  S1569

 TITLE OF BILL :  An act to amend the general business law, in
relation to the licensing and regulation of pet groomers and pet
grooming facilities

 PURPOSE :

To establish the state licensing and regulation of pet groomers and
pet grooming facilities in New York State.

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends the general business law by adding a new
article 29-CCC concerning the licensing and the regulation pet
groomers and pet grooming facilities.

Section 539 of this article defines "pet", "pet grooming", "pet
groomer", ''pet grooming facility", "house call", "student", "school",
"crate", "continuing education", "pet first aid", "pet friendly", and
"pet restraint".

Section 540 of this article describes required facility standards,
including pet housing, bathing areas, grooming areas, and other
general matters.

Subdivision 1 states that pet housing shall be in good repair, safe,
secure, stable, durable, well protected, comfortable and escape-free.
Pets should be able to turn around comfortably and no more than one
pet may be housed in each enclosure, unless by owner's consent.

Subdivision 2 states that bathing areas shall he in good repair and
safe operating condition. Products or chemicals used shall comply,
with all applicable local, state and federal guidelines, rule and
regulations and be pet friendly. Tubs shall have a non-slip surface
and water temperatures shall be set at an appropriate level.

Subdivision 3 states that grooming areas shall be safe, sturdy and in
good operating condition. Table tops shall have non-slip surfaces and
grooming arms shall be pet friendly and secure. Pet restraints shall
be safe and humane.

Subdivision 4 states that all facilities shall be equipped with a
first aid kit, ventilated to provide good air quality, and be at an
appropriate air temperature. When pets are present, at least one
person trained in pet first aid shall also be present. Emergency
action protocols shall be in place for emergency situations. Each
facility must have the name of a local emergency veterinarian posted
and readily available. All facilities shall carry general and
professional liability insurance and be in compliance with all local,
state, and federal laws, rules and regulations.

Section 541 of this article details required recording keeping.

Subdivision 1 states that all facilities must keep and maintain
records for all clients and their respective pets.

Subdivision 2 states that records shall be maintained for a minimum
period of one year from the date of service.

Subdivision 3 states that incident reports shall be created when
incidents occurs and shall be kept on file for a minimum of three
years.

Subdivision 4 states that personnel records shall be maintained.

Section 542 of this article describes required animal management, such
and handling and safety standards.

Subdivision 1 states general profession standards, including that all
pets shall be treated and handled safely, humanely and compassionately
at all times; no pets shall be left unsupervised while on a grooming
table or in a bathing tub; pet groomers shall be knowledgeable in the
safe handling of pets and students must work under the supervision of
a groomer licensed under this article.

Subdivision 2 states work standards, including that all pet groomers
be in compliance with accepted industry standard and conduct
themselves in a manner that promotes the safe, humane, and
compassionate handling and management of pets; all products, tools,
and equipment must be safe and humane; workstations must be cleaned
between each pet; and all pet groomers shall he knowledgeable in the
handling and management of pets.

Section 543 of this article creates licensing regulations for pet
groomers.

Subdivision 1 states that the secretary of state, in cooperation with
the department of agriculture and markets, shall establish a training
program and testing procedure for pet groom applicants.

Subdivision 2 states that the secretary of state shall create and
maintain a list of licensed groomers; issue a license to qualified
individuals, after payment of a licensing fee to be determined by the
secretary of state; and conduct proper background checks on applicants
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.

Subdivision 3 states that licensed groomers shall be on the premises
at all times and may employ individuals under his or her direct
supervision, who are training for the groomer examinations.

Subdivision 4 states that licenses shall be displayed in a conspicuous
place.

Subdivision 5 states that licenses can be refused, suspended, or
revoked by the secretary of state.

Section 544 of this article describes enforcement mechanisms.

Subdivision 1 states that the secretary of state or his or her
authorized agents to shall make annual inspections of pet grooming
facilities.

Subdivision 2 states that the secretary of state shall create a
complaint review board where consumers can file complaints and that
such complaints shall be investigated by the secretary of state or his
or her authorized agents. Section 545 of this article references
current practitioners and allows individuals engage in pet grooming on
the effective gate of this article to 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.

Section 546 of this article details violations.

Subdivision 1 states that any violation of any provision of this
article is a civil offense, which may carry a penalty of not less than
two hundred and fifty dollars.


Subdivision 2 states that violations causing animals pain or death
shall be referred immediately to the appropriate district attorney's
office for criminal prosecution.

Section 547 of this article states that 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.

Section 2 of this bill states that this act shall take effect on the
one hundred eightieth day after it shall have become a law; provided,
however, that effective immediately, 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.

 JUSTIFICATION :

It should be the goal of every pet groomer to treat all animals
entrusted to their care with kindness, patience, respect and
compassion, ensuring their safety, health and wellbeing. Pet groomers
should also exhibit professional behavior and maintain their
businesses with honesty and integrity toward their clients at all
times while encouraging professionalism, compassion and participation
in continuing education within the industry.

Unfortunately, there continue to be incidents of animal cruelty and
neglect committed against New York State pets by uncertified and
untrained individuals holding themselves out to the public as a pet
groomers. At their worse these incidents have resulted in the death of
loved ones, while others have resulted in permanent injuries that
require expensive veterinary visits-the cost of which is then becomes
a burden on the unsuspecting consumer of these services.

For example, in early 2016 a longtime foster father on Long Island who
worked as a dog groomer was charged with sexually abusing five boys,
all of them his adopted sons, and sexual misconduct involving a dog.
See http://www.nytimes.com /2016/03/19/nyregion /foster-father
charged-with-sexually-abusing- 5-boys-on-long-island.html?

In the summer of 2015 an English bulldog, Bella, was badly burned at a
Thornwood pet groomer that was operating without a required health
permit. Bella needed to be on a three-week regimen of antibiotics and
medicated baths because an infection associated with the burn wounds.
See http://www.lohud.conilstory /news/local/2015/07/14/
hawthorne-womanwants-pets-grooming-
law-dog-burned-thornwood-shop/30169407/.

In 2012 two beagles were founds dead in a mobile grooming van. The
groomer stated he experienced a hypoglycemic episode and blacked out.
When he woke up both the dogs were dead. Chest radiographs and
necropsies were preformed on dogs and submitted to Cornell University
Animal Health Diagnostic Center in Ithaca, N.Y. The presumptive causes
of death included strangulations, electrocution, carbon monoxide
poisoning and drowning. The veterinarian states that this was the most
horrific, tragic, and avoidable death of two beloved family pets that
she had ever experienced. See http://www.silive.conVnews/
index.ssf/2013/03/ statenislandpetsdiemvsteri.html .

States across the country are now considering laws to finally put
rules in place to regulate the $6 billion pet grooming industry.
Connecticut and New Jersey already have laws in place regulating the
licensure of both a groomer and a grooming facility.


This bill would establish the licensing and regulation of pet groomers
and pet grooming facilities in New York State. The bill was modeled
after the PPGSA Standards of Care, Safety, and Sanitation for
Professional Pet Groomers and Stylists developed by members of the
Professional Pet Groomers and Stylists Alliance-a coalition of
industry organizations whose members have combined to educate, train
and certify tens of thousands of professional pet groomers and
stylists across the country.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that effective
immediately, 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.

2017-S1569 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1569
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sens.  AVELLA,  BOYLE, SERRANO -- 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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01264-01-7

 S. 1569                             2
 
 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,
 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.
   § 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.

 S. 1569                             3
 
   (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.
   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.
   §  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.
   § 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.

 S. 1569                             4
 
   (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.
   (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.
   § 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.
   §  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.
   § 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. 1569                             5
 
   §  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.
   § 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.
   § 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.

co-Sponsors

2017-S1569A (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 35-G §§759-b - 759-h, Gen Bus L
Versions Introduced in 2015-2016 Legislative Session:: S7088

2017-S1569A (ACTIVE) - Summary

2017-S1569A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1569A

 TITLE OF BILL :  An act to amend the general business law, in
relation to the registration and certification of pet groomers and pet
grooming businesses

 PURPOSE :

To establish the state registration and certification of pet groomers
and pet grooming facilities in New York State.

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends the general business law by adding a new
article 35-g concerning the registration and certification of pet
groomers and pet grooming facilities.

Section 759-b sets forth the legislative intent of the bill.

Section 759-c defines "apprentice", "box dryer", "cage or crate",
"continuing education", "Department", "grooming", "incident", "pet",
"pet groomer", "pet grooming business", and "pet restraint".

Section 759-d and 759-e set forth pet grooming registration
requirements including continuing education requirements

Section 759-f sets forth health and safety standards. Section 759-g
sets forth penalties for violations

Section 759-h sets forth rule making authority of the department

Section 2 of this bill states that this act shall take effect on the
one hundred eightieth day after it shall have become a law

 JUSTIFICATION :

It should be the goal of every pet groomer to treat all animals
entrusted to their care with kindness, patience, respect and
compassion, ensuring their safety, health and wellbeing. Pet groomers
should also exhibit professional behavior and maintain their
businesses with honesty and integrity toward their clients at all
times while encouraging professionalism, compassion and participation
in continuing education within the industry.

Unfortunately, there continue to be incidents of animal cruelty and
neglect committed against New York State pets by uncertified and
untrained individuals holding themselves out to the public as a pet
groomers. At their worse these incidents have resulted in the death of
loved ones, while others have resulted in permanent injuries that
require expensive veterinary visits-the cost of which is then becomes
a burden on the unsuspecting consumer of these services.

For example, in early 2016 a longtime foster father on Long Island who
worked as a dog groomer was charged with sexually abusing five boys,
all of them his adopted sons, and sexual misconduct involving a dog.
See http://www.nytimes.comJ20 16/03/19/nyregion/foster-father-
charged-with-sexually -abusing-5- boys-on-long-island. html? r=0.

In the summer of 2015 an English bulldog, Bella, was badly burned at a
Thornwood pet groomer that was operating without a required health
permit. Bella needed to be on a three-week regimen of antibiotics and
medicated baths because an infection associated with the burn wounds.
See http://www.lohu d.com/story/news/loca1/20 15/07/14/hawt
horne-womanwants- pets-grooming-law- dog-burned
-thornwood-shop/30169407/.

In 2012 two beagles were founds dead in a mobile grooming van. The
groomer stated he experienced a hypoglycemic episode and blacked out.
When he woke up both the dogs were dead. Chest radiographs and
necropsies were preformed on dogs and submitted to Cornell University
Animal Health Diagnostic Center in Ithaca, N.Y. The presumptive causes
of death included strangulations, electrocution, carbon monoxide
poisoning and drowning. The veterinarian states that this was the most
horrific, tragic, and avoidable death of two beloved family pets that
she had ever experienced. See http://www .s il ived.comJ
news/index.ssf/2 013/0 3/stat enislandpetsdi e mysteri.html .

States across the country are now considering laws to finally put
rules in place to regulate the $6 billion pet grooming industry.
Connecticut and New Jersey already have laws in place regulating the
licensure of both a groomer and a grooming facility.

This bill would establish the registration and certification of pet
groomers and pet grooming facilities in New York State.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law

2017-S1569A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1569--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sens.  AVELLA,  BOYLE, SERRANO -- 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 certification of pet groomers and pet grooming businesses
 
   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
 35-G to read as follows:
                               ARTICLE 35-G
          REGISTRATION AND CERTIFICATION OF PET GROOMERS AND PET
                            GROOMING FACILITIES
 SECTION 759-B. LEGISLATIVE INTENT.
         759-C. DEFINITIONS.
         759-D. PET GROOMING REGISTRATION REQUIRED.
         759-E. PET GROOMER REGISTRATION.
         759-F. HEALTH AND SAFETY STANDARDS.
         759-G. PENALTIES FOR VIOLATIONS.
         759-H. RULES AND REGULATIONS.
   § 759-B. LEGISLATIVE INTENT. THE LEGISLATURE HEREBY FINDS  AND  DETER-
 MINES  THAT  PETS  ARE AN INTEGRAL PART OF MANY FAMILIES IN THE STATE OF
 NEW YORK. THE LEGISLATURE FURTHER FINDS AND  DETERMINES  THAT  MANY  PET
 OWNERS  CHOOSE  TO  USE  PET GROOMING FACILITIES TO MAINTAIN THEIR PET'S
 APPEARANCE, HEALTH OR WELL-BEING AND, BY DOING SO, THESE INDIVIDUALS ARE
 ENTRUSTING THEIR PET TO THE CARE OF PROFESSIONALS SKILLED IN THE  GROOM-
 ING, CLEANING AND STYLING OF ANIMALS. THE LEGISLATURE DETERMINES THAT IT
 IS IMPORTANT TO ESTABLISH SAFE AND SANITARY PRACTICES FOR THOSE INDIVID-
 UAL  PROFESSIONALS  WHO  ARE  PROVIDING  FOR  THE  CARE AND TREATMENT OF
 ANIMALS THROUGH THEIR GROOMING, CLEANING AND  STYLING.  THE  LEGISLATURE
 FURTHER  FINDS  THAT  THESE PROFESSIONALS SHOULD BE REQUIRED TO REGISTER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01264-02-7

 S. 1569--A                          2
 
 WITH THE STATE OF NEW YORK AND FOLLOW CERTAIN  BASIC  RULES  TO  PROVIDE
 SAFE  GROOMING  SERVICES  TO  THOSE INDIVIDUALS WHO SEEK THEIR SERVICES.
 THEREFORE, THE PURPOSE OF THIS LAW IS TO REQUIRE PET GROOMERS TO  REGIS-
 TER  WITH  THE  STATE  AND  TO FOLLOW COMMON SENSE CARE AND SAFETY REGU-
 LATIONS WHEN PROVIDING THEIR SERVICES.
   § 759-C. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "APPRENTICE" MEANS A PERSON WHO IS ENGAGED IN LEARNING AND ACQUIR-
 ING KNOWLEDGE OF PET GROOMING OR STYLING UNDER THE DIRECTION AND  SUPER-
 VISION OF A PET GROOMER.
   2.  "BOX  DRYER"  MEANS  A  PIECE OF EQUIPMENT THAT IS ATTACHED TO, OR
 NEAR, A CAGE OR ENCLOSURE FOR THE PURPOSE OF DRYING  OR  AIDING  IN  THE
 DRYING  OF  A PET CONTAINED IN A CAGE OR ENCLOSURE, AND WHICH IS CAPABLE
 OF FUNCTIONING WITHOUT A PERSON MANUALLY HOLDING A DRYER.
   3. "CAGE OR CRATE" MEANS A SAFE AND HUMANE CONTAINER FOR  THE  KEEPING
 AND/OR HOUSING OF PETS IN A FACILITY.
   4.  "CONTINUING  EDUCATION"  MEANS  ANY  PROGRAM  OR  COURSE  OF STUDY
 INTENDED TO ENHANCE KNOWLEDGE AND SKILLS IN SUBJECTS RELEVANT  TO  ONE'S
 PROFESSION.
   5. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
   6. "GROOMING" MEANS ANY ACT OF PREPARING, CLEANING, TRIMMING, OR STYL-
 ING ANIMAL HAIR BY AN INDIVIDUAL FOR FINANCIAL REMUNERATION.
   7. "INCIDENT" MEANS WHEN THE SKIN OF ANY PET OR PERSON IS BROKEN, WHEN
 A  PET  SUSTAINS  AN  INJURY OF ANY KIND DURING THE COURSE OF A GROOMING
 SESSION, OR A PET HAS AN ALLERGIC REACTION DURING THE COURSE OF A GROOM-
 ING SESSION.
   8. "PET" MEANS ANY DOG, CAT OR OTHER ANIMAL ACCEPTED FOR  GROOMING  OR
 STYLING.
   9. "PET GROOMER" MEANS ANY INDIVIDUAL WHO CLIPS, TRIMS, STYLES, BATHES
 OR DRIES A PET FOR FINANCIAL REMUNERATION.
   10.  "PET  GROOMING  BUSINESS"  MEANS ANY PERSON, CORPORATION, FIRM OR
 PROPRIETORSHIP OR OTHER ENTITY OR BUSINESS ORGANIZATION THAT ENGAGES  IN
 A  BUSINESS  THAT  PROVIDES PET GROOMING OR STYLING SERVICES. THIS SHALL
 INCLUDE BUSINESSES THAT PROVIDE THEIR SERVICES AT A COMMERCIAL BUILDING,
 FROM A MOBILE UNIT, FROM THE BUSINESS OWNER'S HOME, OR ARE PROVIDED AT A
 CUSTOMER'S HOME, GROUNDS OR BUSINESS USING EQUIPMENT PROVIDED BY  A  PET
 GROOMER.
   11.  "PET RESTRAINT" SHALL MEAN ANY TOOL OR PIECE OF EQUIPMENT USED OR
 ATTACHED TO A GROOMING ARM, TUB OR OTHER FACILITY, FIXTURE OR  EQUIPMENT
 TO HOLD A PET SAFELY AND UNDER CONTROL.
   §  759-D. PET GROOMING REGISTRATION REQUIRED. 1. NO PET GROOMING BUSI-
 NESS SHALL OPERATE WITHIN THE STATE OF NEW YORK UNLESS IT HAS REGISTERED
 WITH THE DEPARTMENT IN ACCORDANCE WITH THE PROVISIONS OF  THIS  SECTION.
 THE  INITIAL APPLICATION FEE FOR REGISTRATION OF A PET GROOMING BUSINESS
 SHALL BE FIFTY DOLLARS. REGISTRATION SHALL BE FILED BIENNIALLY FOR A FEE
 OF ONE HUNDRED DOLLARS.
   2. EACH REGISTRANT SHALL PROVIDE THE FOLLOWING INFORMATION AND  APPRO-
 PRIATE SUPPORTING DOCUMENTATION TO THE DEPARTMENT:
   (A) THE NAME OF THE PET GROOMING BUSINESS;
   (B) THE PRINCIPAL ADDRESS AND THE NAMES OF ALL OWNERS OF THE BUSINESS;
 AND
   (C)  DOCUMENTS  PROVIDING  PROOF OF PROFESSIONAL AND GENERAL LIABILITY
 AND PROPERTY DAMAGE INSURANCE AND WORKERS' COMPENSATION INSURANCE.
   3. THE DEPARTMENT SHALL CONDUCT A BACKGROUND CHECK TO VERIFY APPLICANT
 HAS NOT BEEN CONVICTED OF ANIMAL CRUELTY  OR  NEGLECT  OR  INTERPERSONAL
 VIOLENCE.

 S. 1569--A                          3
 
   4. NO APPLICANT FOR REGISTRATION OR RENEWAL SHALL HAVE ANY OUTSTANDING
 JUDGMENT FOR CHILD SUPPORT AGAINST HIM OR HER, OR BE IN ARREARS IN CHILD
 SUPPORT  PAYMENTS  AS  DETERMINED  BY OFFICIAL COURT RECORDS OR OFFICIAL
 GOVERNMENT RECORDS, AT THE TIME AN APPLICATION IS FILED FOR SUCH  REGIS-
 TRATION  OR  RENEWAL. IF AN APPLICANT HAS SUCH A JUDGMENT AGAINST HIM OR
 HER, OR IS IN ARREARS, BUT  IS  CURRENT  IN  PAYMENTS  ON  A  JUDICIALLY
 APPROVED,  OR SUPPORT COLLECTION UNIT SANCTIONED PAYMENT SCHEDULE TO PAY
 OFF OR REDUCE SUCH JUDGMENT OR ARREARS, THEN SUCH INDIVIDUAL  SHALL  NOT
 BE  DEEMED INELIGIBLE FOR REGISTRATION OR RENEWAL ON THE GROUNDS OF SUCH
 JUDGMENT OR ARREARS. AT LEAST THIRTY DAYS PRIOR TO THE EXPIRATION  OF  A
 REGISTRATION, THE DEPARTMENT SHALL SEND A WRITTEN NOTICE TO A REGISTRANT
 INFORMING  SAID  REGISTRANT  OF HIS OR HER OBLIGATION TO COMPLY WITH THE
 PROVISIONS OF THIS SECTION PERTAINING TO COMPLIANCE WITH  CHILD  SUPPORT
 OBLIGATIONS.  IF NECESSARY, A SECOND WRITTEN NOTICE SHALL BE SENT BY THE
 DEPARTMENT TO A REGISTRANT SIXTY DAYS AFTER THE REGISTRATION HAS LAPSED,
 INFORMING SAID REGISTRANT OF HIS OR HER OBLIGATION TO  COMPLY  WITH  THE
 PROVISIONS  OF  THIS  SECTION  PERTAINING  TO  COMPLIANCE WITH THE CHILD
 SUPPORT  OBLIGATIONS.  IN  ADDITION,  THE  LOCAL  DEPARTMENT  OF  SOCIAL
 SERVICES,  THROUGH ITS SUPPORT COLLECTION UNIT, SHALL NOTIFY ALL CURRENT
 NONCUSTODIAL PARENTS OF THE OBLIGATIONS CONTAINED IN THIS SECTION.
   5. BIENNIAL REGISTRATION  SHALL  BE  CONTINGENT  UPON  THE  REGISTRANT
 DEMONSTRATING  SUCCESSFUL COMPLETION OF EIGHT HOURS OF CONTINUING EDUCA-
 TION ON SAFETY AND SANITATION FROM A PROFESSIONAL PET GROOMERS AND STYL-
 ISTS ALLIANCE COMPLIANT ADMINISTRATOR. THIS REQUIREMENT MAY BE SATISFIED
 THROUGH IN PERSON TRAINING, PERSONALIZED  COACHING,  WEBINARS,  DISTANCE
 LEARNING, INDUSTRY SHOWS, SEMINARS, EVENTS, WORKSHOPS OR ANY COMBINATION
 THEREOF.
   6.  THE  DEPARTMENT SHALL PROVIDE EACH PET GROOMING BUSINESS WHICH HAS
 COMPLIED WITH THE REGISTRATION REQUIREMENTS  PROVIDED  IN  THIS  SECTION
 WITH  A REGISTRATION CERTIFICATE AND AN IDENTIFICATION CARD, WHICH SHALL
 HAVE A REGISTRATION NUMBER AND EXPIRATION DATE.
   7. PET GROOMING BUSINESSES SHALL DISPLAY THEIR REGISTRATION NUMBER  ON
 ALL VEHICLES AND IDENTIFICATION USED BY EMPLOYEES.
   8.  PET  GROOMING  BUSINESSES  SHALL  COMPLY WITH ALL LOCAL, STATE AND
 FEDERAL LAWS, RULES AND REGULATIONS.
   § 759-E. PET GROOMER REGISTRATION. 1. NO NATURAL PERSON SHALL  PROVIDE
 SERVICES  AS  A  PET  GROOMER  IN THE STATE OF NEW YORK UNLESS THEY HAVE
 REGISTERED WITH THE DEPARTMENT IN ACCORDANCE WITH THE PROVISIONS OF THIS
 SECTION. THE INITIAL APPLICATION FEE FOR REGISTRATION AS A  PET  GROOMER
 SHALL BE TWENTY-FIVE DOLLARS. REGISTRATION SHALL BE FILED BIENNIALLY FOR
 A  FEE  OF FIFTY DOLLARS. REGISTRANTS WHO ARE OWNERS OF A REGISTERED PET
 GROOMING BUSINESS SHALL BE EXEMPT FROM THE PET GROOMER REGISTRATION FEES
 PROVIDED FOR IN THIS SECTION.
   2. REGISTRANTS MUST BE AT LEAST EIGHTEEN YEARS OF AGE.
   3. THE DEPARTMENT SHALL CONDUCT A BACKGROUND CHECK TO VERIFY APPLICANT
 HAS NOT BEEN CONVICTED OF ANIMAL CRUELTY  OR  NEGLECT  OR  INTERPERSONAL
 VIOLENCE.
   4.  EACH  REGISTRANT MUST PROVIDE THE FOLLOWING INFORMATION AND APPRO-
 PRIATE DOCUMENTATION TO THE DEPARTMENT:
   (A) PROOF OF AGE; AND
   (B) DOCUMENTS DEMONSTRATING THAT THE APPLICANT HAS EITHER:
   (I) RECEIVED TRAINING IN THE FIELD OF PET GROOMING FOR  AT  LEAST  ONE
 HUNDRED  FIFTY HOURS, EITHER AS AN APPRENTICE OR FROM A SCHOOL OR INSTI-
 TUTION THAT PROVIDES INSTRUCTION IN PET GROOMING AND IS  COMPLIANT  WITH
 THE  PROFESSIONAL  PET  GROOMERS AND STYLISTS ALLIANCE STANDARDS OF CARE
 FOR SAFETY AND SANITATION; OR

 S. 1569--A                          4
 
   (II) SUCCESSFULLY COMPLETED A GROOMING CERTIFICATION COURSE THROUGH  A
 PROFESSIONAL  PET  GROOMERS  AND  STYLISTS ALLIANCE COMPLIANT MEMBERSHIP
 ORGANIZATION IN GOOD STANDING AT THE TIME OF COMPLETION; OR
   (III)  HAS  CONTINUALLY  OPERATED  A  BUSINESS  PROVIDING PET GROOMING
 SERVICES OR HAS BEEN EMPLOYED AS A PET GROOMER IN GOOD  STANDING  FOR  A
 PERIOD OF AT LEAST ONE YEAR PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.
   5. THE DEPARTMENT SHALL PROVIDE EACH PET GROOMER WHO HAS COMPLIED WITH
 THE  REGISTRATION  REQUIREMENTS  A REGISTRATION CERTIFICATE AND AN IDEN-
 TIFICATION CARD, WHICH SHALL HAVE A REGISTRATION NUMBER  AND  EXPIRATION
 DATE.
   6.  NATURAL PERSONS WHO ARE EMPLOYED BY ONLY ONE PET GROOMING BUSINESS
 SHALL BE EXEMPT FROM THE INDIVIDUAL PET  GROOMER  REGISTRATION  REQUIRE-
 MENTS SET FORTH IN THIS ARTICLE.
   7.  NATURAL  PERSONS  ENGAGED  IN GROOMING A DOG OR CAT FOR A SPECIFIC
 EXHIBITION OR COMPETITION SHALL BE EXEMPT FROM THE INDIVIDUAL PET GROOM-
 ER REGISTRATION REQUIREMENTS SET FORTH IN THIS ARTICLE.
   8. BIENNIAL REGISTRATION  SHALL  BE  CONTINGENT  UPON  THE  REGISTRANT
 PROVIDING  PROOF  OF  SUCCESSFUL COMPLETION OF EIGHT HOURS OF CONTINUING
 EDUCATION ON SAFETY AND SANITATION FROM A PROFESSIONAL PET GROOMERS  AND
 STYLISTS  ALLIANCE  COMPLIANT  ADMINISTRATOR.  THIS  REQUIREMENT  MAY BE
 SATISFIED THROUGH IN PERSON TRAINING, PERSONALIZED  COACHING,  WEBINARS,
 DISTANCE  LEARNING,  INDUSTRY  SHOWS, SEMINARS, EVENTS, WORKSHOPS OR ANY
 COMBINATION THEREOF.
   § 759-F. HEALTH AND SAFETY STANDARDS. 1. PET GROOMING BUSINESSES SHALL
 PROVIDE TEMPORARY HOUSING FOR PETS THAT IS IN GOOD REPAIR, SAFE,  SECURE
 AND  STABLE.  PETS SHOULD BE ABLE TO SIT, STAND AND TURN AROUND COMFORT-
 ABLY IN ANY CRATE OR ENCLOSURE. ALL PET HOUSING  SHALL  BE  SUFFICIENTLY
 VENTILATED AND CLIMATE CONTROLLED FOR THE HEALTH AND SAFETY OF THE PET.
   2.  PET GROOMING BUSINESSES AND GROOMERS MUST OFFER FRESH WATER TO ANY
 PET CONFINED MORE THAN FOUR HOURS.
   3. NO PET SHALL BE LEFT UNSUPERVISED WHILE ON A GROOMING TABLE  OR  IN
 THE  BATHING  AREAS. BATHING AREAS USED BY GROOMING BUSINESSES SHOULD BE
 IN SAFE, OPERATIONAL CONDITION WITH NON-SLIP FLOORING FOR PETS  AND  PET
 GROOMERS. WATER TEMPERATURE SHOULD BE SET APPROPRIATELY TO PREVENT INJU-
 RY TO PETS.
   4.  ALL  EQUIPMENT, TOOLS AND PRODUCTS USED BY PET GROOMING BUSINESSES
 SHALL BE IN GOOD WORKING CONDITION AND USED IN  A  PROFESSIONAL  MANNER.
 ALL  PET  RESTRAINTS  USED SHALL BE BOTH SECURE AND SPECIES APPROPRIATE.
 PET GROOMING BUSINESSES AND PET GROOMERS SHALL ONLY USE PRODUCTS  AND/OR
 CHEMICALS IN THE GROOMING AND STYLING OF PETS THAT ARE SPECIES APPROPRI-
 ATE.  ANY PESTICIDE USED ON A PET SHALL BE APPROVED BY THE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION.
   5. PETS IN BOX DRYERS SHALL BE ATTENDED TO BY AT LEAST ONE  PERSON  IN
 THE ROOM AT ALL TIMES.
   6. THE FACILITIES USED BY PET GROOMING BUSINESSES SHALL BE CLEAN, NEAT
 AND  ORDERLY,  WITH  ENCLOSURES  AND WORK SPACES CLEANED BETWEEN USES BY
 DIFFERENT PETS. FACILITIES SHALL HAVE APPROPRIATE VENTILATION AND  FIRST
 AID KITS AVAILABLE FOR PETS AND PERSONNEL.
   7. ALL FACILITIES USED BY PET GROOMING BUSINESSES SHALL HAVE EMERGENCY
 PROCEDURES  TO  ASSURE  THE HEALTH AND SAFETY OF PETS IN THE EVENT OF AN
 EMERGENCY SITUATION. THIS SHALL INCLUDE, BUT SHALL NOT  BE  LIMITED  TO,
 THE NAME AND CONTACT INFORMATION OF A LOCAL EMERGENCY VETERINARIAN TO BE
 USED BY PET GROOMERS OR PET OWNERS IN THE EVENT OF A PET'S MEDICAL EMER-
 GENCY  AND/OR  PROTOCOLS  PROMOTING TRAINING IN CARDIOPULMONARY RESUSCI-
 TATION, FIRST AID, AND OTHER EMERGENCY CARE.

 S. 1569--A                          5
 
   8. PET GROOMING BUSINESSES SHALL KEEP  AND  MAINTAIN  RECORDS  OF  ALL
 CLIENTS  AND  THEIR  RESPECTIVE PETS, INCLUDING, BUT NOT LIMITED TO: THE
 NAME OF THE PET, THE AGE OF THE PET (IF KNOWN), THE  NAME,  ADDRESS  AND
 PHONE NUMBER OF THE PET OWNER; ANY KNOWN ALLERGIES OR PREEXISTING CONDI-
 TIONS  OF  THE  PET;  THE  SERVICES  PROVIDED; AND THE DATES OF SERVICES
 RENDERED.  INCIDENT REPORTS SHALL BE CREATED IN THE EVENT OF AN INCIDENT
 OCCURRING WITH A PET. GENERAL RECORDS SHALL BE RETAINED FOR AT LEAST ONE
 CALENDAR YEAR FROM THE  DATE  OF  SERVICE.  INCIDENT  REPORTS  SHALL  BE
 RETAINED  FOR  AT  LEAST THREE YEARS FROM THE DATE OF SERVICE. INCIDENTS
 RESULTING IN PAIN OR SIGNIFICANT INJURY SHALL BE REPORTED TO THE  APPRO-
 PRIATE AUTHORITIES FOR INVESTIGATION.
   9.  APPRENTICES  WORKING  IN A PET GROOMING BUSINESS MUST BE UNDER THE
 SUPERVISION OF A PET GROOMER.
   § 759-G. PENALTIES FOR VIOLATIONS. 1. EXCEPT AS PROVIDED  IN  SUBDIVI-
 SION  TWO  OF THIS SECTION, ANY PET GROOMING BUSINESS WHICH VIOLATES ANY
 OF THE PROVISIONS OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY OF
 NO LESS THAN FIVE HUNDRED DOLLARS AND NO MORE THAN ONE THOUSAND  DOLLARS
 FOR EACH VIOLATION.
   2.VIOLATIONS OF THIS ARTICLE THAT DO NOT INVOLVE THE HEALTH AND SAFETY
 OF  A  PET,  SHALL  BE  SUBJECT TO A CIVIL PENALTY OF NO LESS THAN FIFTY
 DOLLARS AND NO MORE THAN ONE HUNDRED DOLLARS FOR EACH VIOLATION.
   3. THE DEPARTMENT IS HEREBY EMPOWERED TO REVOKE OR DENY A REGISTRATION
 CERTIFICATE TO ANY PET GROOMING BUSINESS OR PET GROOMER WHICH  FAILS  TO
 FILE  ALL  REQUIRED INFORMATION, FILES FALSIFIED INFORMATION OR IS FOUND
 RESPONSIBLE FOR MORE THAN THREE VIOLATIONS DURING ANY REGISTRATION PERI-
 OD OF TWO YEARS. ANY PET GROOMING BUSINESS OR PET GROOMER  WHOSE  REGIS-
 TRATION IS REVOKED OR DENIED MAY REAPPLY AFTER A PERIOD OF TWO YEARS.
   4. ANY CIVIL PENALTY, REVOCATION OR DENIAL OF REGISTRATION MAY ONLY BE
 ASSESSED  BY  THE  DEPARTMENT FOLLOWING A HEARING AND OPPORTUNITY FOR AN
 ALLEGED VIOLATOR TO BE HEARD.
   5. IN ADDITION TO ANY CIVIL PENALTIES IMPOSED BY THE DEPARTMENT PURSU-
 ANT TO THIS SECTION, ANY PERSON WHO SHALL CONDUCT A PET  GROOMING  BUSI-
 NESS  REQUIRING  REGISTRATION  UNDER THIS ARTICLE WITHOUT OBTAINING SUCH
 REGISTRATION OR WHO SHALL CONTINUE TO  ENGAGE  IN  SUCH  BUSINESS  AFTER
 HAVING A REGISTRATION REVOKED OR DENIED SHALL BE GUILTY OF A MISDEMEANOR
 AND,  UPON  CONVICTION, SHALL BE SUBJECT TO A FINE OF NOT MORE THAN FIVE
 THOUSAND DOLLARS OR IMPRISONMENT FOR UP TO ONE YEAR, OR BOTH. EACH  SUCH
 VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE.
   §  759-H.  RULES  AND REGULATIONS. THE DEPARTMENT IS HEREBY AUTHORIZED
 AND EMPOWERED TO ISSUE AND PROMULGATE  SUCH  RULES  AND  REGULATIONS  AS
 DEEMED NECESSARY FOR THE IMPLEMENTATION AND ENFORCEMENT OF THIS ARTICLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S1569A

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

co-Sponsors

2017-S1569 - Details

2017-S1569 - Summary

2017-S1569 - Sponsor Memo

2017-S1569 - Bill Text download pdf

co-Sponsors

2017-S1569A (ACTIVE) - Details

2017-S1569A (ACTIVE) - Summary

2017-S1569A (ACTIVE) - Sponsor Memo

2017-S1569A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1569A

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

co-Sponsors

Phil Boyle

Jose M. Serrano

2017-S1569 - Details

2017-S1569 - Summary

2017-S1569 - Sponsor Memo

2017-S1569 - Bill Text download pdf

co-Sponsors

Phil Boyle

Jose M. Serrano

2017-S1569A (ACTIVE) - Details

2017-S1569A (ACTIVE) - Summary

2017-S1569A (ACTIVE) - Sponsor Memo

2017-S1569A (ACTIVE) - Bill Text download pdf

Comments