NY State Senate Bill 2019-S408A

Senate Bill S408A

2019-2020 Legislative Session

Provides for the registration and regulation of pet groomers; establishes standards of care, training and testing

download bill text pdf

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 08, 2020	referred to consumer protection
Jun 06, 2019	print number 408a
Jun 06, 2019	amend and recommit to consumer protection
Jan 09, 2019	referred to consumer protection

Bill Amendments

Original

A (Active)

2019-S408 - Details

See Assembly Version of this Bill:: A225
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 29-CCC §§539 - 545, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A8822
2011-2012: A239
2013-2014: A415
2015-2016: S5098, A1451
2017-2018: S5146, A284
2021-2022: S5688, A135
2023-2024: S4663

2019-S408 - Summary

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.

2019-S408 - Sponsor Memo

                                
 
BILL NUMBER: S408

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the general business law, in relation
to the registration and regulation of pet groomers

 
PURPOSE OR GENERAL IDEA OF BILL:

To require those who groom pets to obtain a certificate of registration
and to provide guidelines that will help ensure the safety of pets that
are being groomed.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the general business law by adding a new article
29-CCC which provides for the registration and regulation of pet groom-
ers.

Section 539 of article 29-CCC defines the terms to be used in the arti-
cle: "pet", "registered pet groomer", "pet groomer" and "pet grooming
facility."

Section 540 of article 29-CCC defines the standards of care for pets in
the care of registered pet groomers and those who work under their
direct supervision.

Section 541 of article 29-CCC outlines record keeping. Every pet groomer
must keep and maintain records of every pet he or she grooms for a peri-
od of one year from date of service.

Section 542 of article 29-CCC outlines the process for obtaining a
certificate of registration. The secretary of state, in cooperation with
the Department of Agriculture and Markets, shall establish a training
program and examination procedures for pet grooming applicants. The
secretary of state shall create and maintain a roster of registrants.
The secretary of state shall issue a certificate of registration to
qualified persons upon the payment of a forty dollar annual registration
fee. This section also outlines the registration process for pet groom-
ers already in operation.

Section 543 of article 29-CCC outlines certificate of registration
refusal, suspension or revocation. The secretary of state may decline to
grant or renew, or may suspend or revoke a pet groomer's certificate of
registration for material misstatement, improper record keeping, or for
a violation of any provision of law relating to the humane treatment of
animals. Prior to suspension or revocation of a certificate of registra-
tion, the secretary of state shall notify in writing the registered pet
groomer. Any action of the secretary of state shall be subject to judi-
cial review. A pet groomer may reapply after re-taking and re-passing
the training course if their certificate of registration was revoked,
denied or suspended.

Section 544 of article 29-CCC outlines inspections. The secretary of
state or his or her authorized agents shall make yearly inspections of
pet grooming facilities. Those making inspections shall receive training
in the provisions of this article and in the proper care of pets.

Section 545 of article 29-CCC outlines violations. In addition to
denial, revocation, suspension, or refusal of renewal of a certificate
of registration, any violation of a provision of this article is a civil
offense, which may carry a penalty of not less than $100 and no more
than $500 for each violation. Monies collected shall be retained by the
local municipality.

Section two provides the effective date.

 
JUSTIFICATION:

Currently, pet groomers are not required to obtain any kind of registra-
tion in order to practice their profession. This has led to unregulated
care and unfortunate outcomes for pets and their owners.  In recent
years, there have been several cases in New York of healthy dogs dying
while in the care of mobile grooming facilities. This bill is intended
to protect pets by requiring groomers to meet certain qualifications and
obtain a certificate of registration. The bill also specifies sanitary,
health and safety standards that must be met by pet groomers and pet
grooming facilities, which includes mobile groomers.

 
PRIOR LEGISLATIVE HISTORY:

2018: S.5146-C - Referred to Consumer Protection / A.284-C - Third Read-
ing A.284-A of 2017, passed Assembly.
A.1451-B, referred to rules in 2015 and advanced to a third reading in
2016. Same as S.5098-A,referred to consumer protection in both years.
A.415 of 2013 and 2014,referred to economic development.
A.239 of 2012 and 2011,referred to economic development.
A.8822 of 2009 and 2010,referred to economic development.
Same as S.5815, referred to consumer protection

 
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 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.

2019-S408 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    408
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (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
 
 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:
 
   Section 1. The general business law is amended by adding a new article
 29-CCC to read as follows:
 
                              ARTICLE 29-CCC
                 REGISTRATION AND REGULATION OF PET GROOMERS
 
 SECTION 539. DEFINITIONS.
         540. STANDARD OF CARE.
         541. RECORD KEEPING.
         542. CERTIFICATE OF REGISTRATION.
         543. CERTIFICATE OF REGISTRATION REFUSAL, SUSPENSION OR  REVOCA-
                TION.
         544. INSPECTIONS.
         545. VIOLATIONS.
 
   § 539. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "PET"  MEANS  AN  ANIMAL AS DEFINED BY SUBDIVISION FIVE OF SECTION
 THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
   2. "REGISTERED PET GROOMER" MEANS AN INDIVIDUAL, REGISTERED AS  A  PET
 GROOMER  WHO BATHES, BRUSHES, DRIES, CLIPS OR STYLES A PET FOR FINANCIAL
 REMUNERATION.
   3. "PET GROOMER" MEANS AN INDIVIDUAL, WORKING UNDER THE SUPERVISION OF
 A REGISTERED PET GROOMER AT THE GROOMING FACILITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00600-02-9

 S. 408                              2

   4. "PET GROOMING FACILITY" MEANS A BUSINESS PERMANENTLY  OPERATING  IN
 NEW  YORK  STATE  INCLUDING MOBILE AND HOME-BASED FACILITIES WHERE A PET
 MAY BE BATHED, DRIED, BRUSHED, CLIPPED OR STYLED, AND (I)  PET  GROOMING
 IS THE ESTABLISHMENT'S PREDOMINANT SOURCE OF SALES, OR (II) PET GROOMING
 SERVICES  ARE  OFFERED  WITHIN A RETAIL STORE.   A PET GROOMING FACILITY
 SHALL NOT INCLUDE ANY SELF-SERVICE PET  GROOMING  FACILITIES,  INCLUDING
 BUT  NOT  LIMITED  TO  BUSINESSES  SUCH AS CAR WASH FACILITIES WHERE PET
 GROOMING IS ANCILLARY TO THE PRIMARY BUSINESS OF THE FACILITY  OR  BUSI-
 NESSES  THAT  PROVIDE  CUSTOMERS  WITH  PET  GROOMING  EQUIPMENT  AND/OR
 SUPPLIES FOR CUSTOMERS TO USE TO  GROOM  THEIR  OWN  PERSONAL  PETS  AND
 EMPLOYEES  AT  SUCH  SELF-SERVICE  PET  GROOMING FACILITIES ONLY PROVIDE
 ASSISTANCE DEMONSTRATING HOW TO OPERATE EQUIPMENT PROPERLY  AND  SAFELY.
 IF  A  SELF-SERVICE  PET  GROOMING  FACILITY  ALSO  OFFERS  PET GROOMING
 SERVICES, THEN SUCH FACILITY SHALL BE CONSIDERED A PET GROOMING FACILITY
 AND A REGISTERED PET GROOMER WOULD BE REQUIRED TO BE ON PREMISES.
   § 540. STANDARD OF CARE. 1. THE PRIMARY CONCERN OF EVERY PERSON REGIS-
 TERED PURSUANT TO THIS ARTICLE, AND THOSE WORKING UNDER THE  SUPERVISION
 OF  SUCH  PERSON, SHALL BE THE SAFETY AND WELL-BEING OF THE PET IN THEIR
 CARE. NO PET SHALL BE LEFT RESTRAINED OR UNRESTRAINED WHILE ON A  GROOM-
 ING  TABLE,  IN  A  BATHING  AREA OR IN A DRYER. PETS SHALL BE CARED FOR
 ACCORDING TO THE MINIMUM STANDARDS OF SUBDIVISIONS ONE, TWO,  THREE  AND
 FOUR OF SECTION FOUR HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW, AND
 ANY  OTHER  SECTIONS  OF THE AGRICULTURE AND MARKETS LAW RELATING TO THE
 CARE OF PETS.
   2. EVERY LOCATION WHERE PETS ARE GROOMED SHALL DISPLAY CONTACT  INFOR-
 MATION  FOR  THE  SECRETARY  OF STATE AND A COPY OF THEIR CERTIFICATE OF
 REGISTRATION AS REQUIRED BY SECTION FIVE HUNDRED FORTY-TWO OF THIS ARTI-
 CLE.
   § 541. RECORD KEEPING. 1. EACH PET GROOMER  SHALL  KEEP  AND  MAINTAIN
 RECORDS  REGARDING  EACH  ANIMAL  CARED FOR AND THE OWNER THEREOF.  SUCH
 RECORDS SHALL INCLUDE THE NAME,  CONTACT  NUMBER,  AND  ADDRESS  OF  THE
 OWNER, THE SERVICES PROVIDED, AND THE DATE SUCH SERVICES WERE PROVIDED.
   2. RECORDS FOR EACH ANIMAL SHALL BE MAINTAINED FOR A MINIMUM PERIOD OF
 ONE  YEAR  FROM  THE DATE OF SERVICE. DURING NORMAL BUSINESS HOURS, SUCH
 RECORDS SHALL BE MADE AVAILABLE TO PERSONS AUTHORIZED BY LAW TO  ENFORCE
 THE PROVISIONS OF THIS ARTICLE.
   §  542. CERTIFICATE OF REGISTRATION. 1. ANY PERSON INTENDING TO OWN OR
 OPERATE A PET GROOMING BUSINESS AS DEFINED IN THIS ARTICLE SHALL HOLD  A
 CERTIFICATE OF REGISTRATION ISSUED BY THE SECRETARY OF STATE AS REQUIRED
 BY THIS ARTICLE.
   2.  THE  SECRETARY  OF STATE, IN COOPERATION AND CONSULTATION WITH THE
 DEPARTMENT OF  AGRICULTURE  AND  MARKETS,  SHALL  ESTABLISH  A  TRAINING
 PROGRAM AND EXAMINATION PROCEDURE FOR APPLICANTS INTERESTED IN OBTAINING
 SUCH REGISTRATION.  THE OBJECTIVES OF THE TRAINING AND EXAMINATION SHALL
 BE  TO  ENSURE  THE  APPLICANTS  HAVE SUFFICIENT SKILLS TO SAFEGUARD THE
 HEALTH AND SAFETY OF THE ANIMAL, AND TO ENSURE THAT THE APPLICANTS  HAVE
 ATTAINED ADEQUATE LEVELS OF SKILL TO COMPETENTLY ENGAGE IN PET GROOMING.
 THE  TRAINING  AND EXAMINATION SHALL BE AVAILABLE THROUGH AN EDUCATIONAL
 COURSE OR PROGRAM APPROVED BY THE  DEPARTMENT  AND  SHALL  BE  AVAILABLE
 ONLINE  OR ON-SITE, AND SHALL BE HELD AT LEAST QUARTERLY BY THE STATE OR
 AN AUTHORITY APPROVED BY THE SECRETARY OF STATE.
   3. THE SECRETARY OF STATE SHALL CREATE AND MAINTAIN A ROSTER OF REGIS-
 TRANTS. SUCH RECORD SHALL INCLUDE  DISCIPLINARY  ACTION,  SUSPENSION  OF
 REGISTRATION AND REVOCATION.

 S. 408                              3
 
   4.  NO  INDIVIDUAL SHALL BE PERMITTED TO TAKE AN EXAMINATION FOR A PET
 GROOMER'S REGISTRATION UNLESS SUCH APPLICANT IS AT LEAST EIGHTEEN  YEARS
 OF AGE.
   5.  (A)  IF  THE APPLICANT PROVIDES THE NECESSARY BUSINESS INFORMATION
 AND HAS COMPLETED THE TRAINING AND PASSED THE EXAMINATION, THE SECRETARY
 OF STATE SHALL ISSUE SUCH APPLICANT A CERTIFICATE OF REGISTRATION  AS  A
 PET  GROOMER  UPON PAYMENT OF A FORTY DOLLAR ANNUAL REGISTRATION FEE. AT
 MINIMUM, EACH REGISTRANT SHALL PROVIDE:
   (I) THE NAME OF THE PET GROOMING BUSINESS;
   (II) THE PRINCIPAL ADDRESS, CONTACT  NUMBER,  AND  NAMES  OF  ALL  THE
 OWNERS OF THE BUSINESS;
   (III)  EVIDENCE  OF  APPROPRIATE TRAINING, SUCH AS: (1) HAVING BEEN IN
 THE FIELD OF PET GROOMING EITHER AS AN  APPRENTICE  PROGRAM  OR  FROM  A
 SCHOOL  OR  INSTITUTION  APPROVED  BY  THE  DEPARTMENT AND THAT PROVIDES
 INSTRUCTION IN PET GROOMING; OR (2) HAS SUCCESSFULLY COMPLETED A  GROOM-
 ING  CERTIFICATION  COURSE THROUGH A PROFESSIONAL PET GROOMERS AND STYL-
 ISTS ALLIANCE COMPLIANT MEMBERSHIP ORGANIZATION IN GOOD STANDING AT  THE
 TIME OF COMPLETION AND SUCH PROGRAM IS APPROVED BY THE DEPARTMENT; AND
   (IV)  ANY  OTHER  INFORMATION  THAT THE DEPARTMENT DEEMS NECESSARY AND
 APPROPRIATE.
   (B) INDIVIDUALS CURRENTLY ENGAGED IN PET  GROOMING  ON  THE  EFFECTIVE
 DATE  OF  THIS  ARTICLE  MAY  APPLY FOR A CERTIFICATE OF REGISTRATION BY
 PROVIDING:
   (I) PAYMENT OF THE SAME REGISTRATION FEE AS REQUIRED IN PARAGRAPH  (A)
 OF THIS SUBDIVISION;
   (II) THE NAME OF THE PET GROOMING BUSINESS;
   (III)  THE  PRINCIPAL  ADDRESS,  CONTACT  NUMBER, AND NAMES OF ALL THE
 OWNERS OF THE BUSINESS;
   (IV) EVIDENCE OF COMPLETION OF A  TRAINING  PROGRAM  APPROVED  BY  THE
 DEPARTMENT; AND
   (V)  ANY  OTHER  INFORMATION  THAT  THE DEPARTMENT DEEMS NECESSARY AND
 APPROPRIATE.
   (C) THE DEPARTMENT SHALL PROVIDE EACH PET GROOMING BUSINESS WHICH  HAS
 COMPLIED  WITH  THE  REGISTRATION  REQUIREMENTS  AS PROVIDED FOR IN THIS
 ARTICLE WITH A CERTIFICATE OF REGISTRATION AND AN IDENTIFICATION CARD OR
 CERTIFICATE, WHICH SHALL HAVE AN IDENTIFICATION  NUMBER  AND  EXPIRATION
 DATE.
   6.  A  REGISTERED PET GROOMER MAY EMPLOY INDIVIDUALS, UNDER HIS OR HER
 DIRECT SUPERVISION. A REGISTERED PET GROOMER MUST BE ON PREMISES AT  ALL
 TIMES  THAT  A PET IS BEING GROOMED. THE NAME OF THE PERSON IN CHARGE OF
 ANY PET GROOMING FACILITY SHALL BE POSTED IN A CONSPICUOUS PLACE IN SUCH
 FACILITY AND THE CERTIFICATE OF REGISTRATION OF  SUCH  PERSON  SHALL  BE
 PROMINENTLY DISPLAYED.
   §  543. CERTIFICATE OF REGISTRATION REFUSAL, SUSPENSION OR REVOCATION.
 1. THE SECRETARY OF STATE MAY DECLINE TO GRANT OR RENEW, OR MAY  SUSPEND
 OR REVOKE A PET GROOMER'S CERTIFICATE OF REGISTRATION FOR A FALSE STATE-
 MENT  AS TO A MATERIAL MATTER IN THE APPLICATION FOR SUCH CERTIFICATE OF
 REGISTRATION, FOR PERSISTENT IMPROPER RECORD KEEPING OR  BUSINESS  PRAC-
 TICES, OR FOR A VIOLATION OF ANY PROVISION OF THIS LAW OR ANY LAW RELAT-
 ING TO THE HUMANE TREATMENT OF ANIMALS.
   2.  THE  SECRETARY OF STATE SHALL CONDUCT A HEARING BEFORE REVOKING OR
 SUSPENDING ANY CERTIFICATE OF REGISTRATION OR BEFORE ISSUING  ANY  ORDER
 DIRECTING  THE  CESSATION  OF UNAUTHORIZED ACTIVITIES. AT LEAST TEN DAYS
 PRIOR TO THE DATE SET FOR THE HEARING, THE HOLDER OF SUCH CERTIFICATE OF
 REGISTRATION SHALL BE NOTIFIED IN WRITING, OR THE PERSON ALLEGED TO HAVE
 ENGAGED IN UNAUTHORIZED ACTIVITIES, OF ANY CHARGES MADE AND SHALL AFFORD

 S. 408                              4
 
 SUCH PERSON AN OPPORTUNITY TO BE HEARD IN PERSON OR BY COUNSEL IN REFER-
 ENCE HERETO.  THE HEARING ON SUCH CHARGES SHALL  BE  AT  SUCH  TIME  AND
 PLACE  AS  THE  DEPARTMENT SHALL PRESCRIBE. ANY PET GROOMING BUSINESS OR
 PET  GROOMER  WHOSE  CERTIFICATE  OF REGISTRATION IS REVOKED, DENIED, OR
 SUSPENDED MAY REAPPLY AFTER RE-TAKING A TRAINING COURSE  AND  RE-PASSING
 AN  EXAMINATION  AS  WELL AS DEMONSTRATE TO THE SECRETARY OF STATE THEIR
 ABILITY TO PROVIDE FOR THE HUMANE AND APPROPRIATE  CARE  AND  SAFETY  OF
 PETS IN THEIR CARE.
   3. ANY ACTION OF THE SECRETARY OF STATE PURSUANT TO THIS SECTION SHALL
 BE SUBJECT TO JUDICIAL REVIEW IN A PROCEEDING PURSUANT TO ARTICLE SEVEN-
 TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   §  544.  INSPECTIONS.  THE SECRETARY OF STATE OR HIS OR HER AUTHORIZED
 AGENTS SHALL BE AUTHORIZED TO JOINTLY COORDINATE WITH  THE  COMMISSIONER
 OF  AGRICULTURE  AND  MARKETS OR HIS OR HER AUTHORIZED AGENTS TO INSPECT
 PET GROOMING FACILITIES TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS
 ARTICLE.  NOTHING HEREIN SHALL LIMIT THE ABILITY OF  THE  DEPARTMENT  OF
 AGRICULTURE AND MARKETS TO ENFORCE THE PROVISIONS OF THE AGRICULTURE AND
 MARKETS  LAW  AS APPLICABLE TO SUCH FACILITY.  AUTHORITY TO CONDUCT SUCH
 INSPECTIONS TO ENFORCE THE PROVISIONS OF THIS ARTICLE AND REPORT THEREON
 MAY BE DELEGATED BY THE SECRETARY OF STATE TO A MUNICIPALITY.
   § 545. VIOLATIONS. 1. IN ADDITION TO DENIAL, REVOCATION, SUSPENSION OR
 REFUSAL OF RENEWAL  OF  A  CERTIFICATE  OF  REGISTRATION,  AS  OTHERWISE
 PROVIDED  IN  THIS ARTICLE, ANY VIOLATION OF A PROVISION OF THIS ARTICLE
 IS A CIVIL OFFENSE, FOR WHICH A PENALTY OF NOT  LESS  THAN  ONE  HUNDRED
 DOLLARS  NOR  MORE  THAN  FIVE HUNDRED DOLLARS FOR EACH VIOLATION MAY BE
 IMPOSED, PROVIDED HOWEVER FOR VIOLATIONS NOT AFFECTING  THE  HEALTH  AND
 SAFETY  OF A PERSON OR A PET AT THE PET GROOMING FACILITY, THE SECRETARY
 OF STATE MAY ALLOW FOR A CURE PERIOD OR OTHER OPPORTUNITY FOR  AMELIORA-
 TIVE ACTION, THE SUCCESSFUL COMPLETION OF WHICH WILL PREVENT THE IMPOSI-
 TION  OF  PENALTIES ON THE PARTY OR PARTIES SUBJECT TO ENFORCEMENT.  THE
 SECRETARY OF STATE SHALL IMPLEMENT AN APPEALS PROCESS  FOR  SUCH  REGIS-
 TERED  PET  GROOMER  WHO  WISHES  TO CONTEST THE IMPOSITION OF A PENALTY
 RELATED TO A CIVIL OFFENSE.
   2. THE PROVISIONS OF THIS ARTICLE MAY BE CONCURRENTLY ENFORCED BY  THE
 SECRETARY  OF  STATE  AND  BY ANY MUNICIPALITY TO WHICH THE SECRETARY OF
 STATE HAS DELEGATED AUTHORITY.  MONEYS  COLLECTED  THEREUNDER  SHALL  BE
 RETAINED BY THE LOCAL MUNICIPALITY.
   3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY
 MUNICIPALITY  WITH  A POPULATION OF ONE MILLION OR MORE FROM ENACTING OR
 ENFORCING A LOCAL LAW,  RULE,  REGULATION  OR  ORDINANCE  GOVERNING  PET
 GROOMERS,  PROVIDED  HOWEVER, THAT ANY SUCH LOCAL LAW, RULE, REGULATION,
 OR ORDINANCE SHALL BE NO LESS STRINGENT THAN THE  APPLICABLE  PROVISIONS
 OF THIS ARTICLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

2019-S408A (ACTIVE) - Details

See Assembly Version of this Bill:: A225
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add Art 29-CCC §§539 - 545, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A8822
2011-2012: A239
2013-2014: A415
2015-2016: S5098, A1451
2017-2018: S5146, A284
2021-2022: S5688, A135
2023-2024: S4663

2019-S408A (ACTIVE) - Summary

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.

2019-S408A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S408A

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the general business law, in relation to the registra-
tion and regulation of pet groomers

 
PURPOSE OR GENERAL IDEA OF BILL:

To require those who groom pets to obtain a certificate of registration
and to provide guidelines that will help ensure the safety of pets that
are being groomed.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the general business law by adding a new article
29-CCC which provides for the registration and regulation of pet groom-
ers.

Section 539 of article 29-CCC defines the terms to be used in the arti-

cle: "pet," "registered pet groomer," "pet groomer" and "pet grooming
facility."

Section 540 defines the standards of care for pets in the care of regis-
tered pet groomers and those who work under their direct supervision.

Section 541 outlines record keeping. Every pet groomer must keep and
maintain records of every pet he or she grooms for a period of one year
from date of service. In addition, pet grooming facilities shall request
from pet owners proof of annual vaccinations, as well as a record of any
known medical issues, conditions or injuries for each pet being groomed.

Section 542 outlines the process for obtaining a certificate of regis-
tration. The Secretary of State, in cooperation with the Department of
Agriculture and Markets, shall establish a training program for pet
grooming applicants. The secretary of state shall create and maintain a
roster of registrants.  The Secretary of State shall issue a certificate
of registration to qualified persons upon the payment of a forty dollar
annual registration fee. This section also outlines the registration
process for pet groomers already in operation.

Section 543 outlines certificate of registration refusal, suspension or
revocation. The Secretary of State may decline to grant or renew, or may
suspend or revoke a pet groomer's certificate of registration for mate-
rial misstatement, improper record keeping, or for a violation of any
provision of law relating to the humane treatment of animals Prior to
suspension or revocation of a certificate of registration, the secretary
of state shall notify in writing the registered pet.groomer. Any action
of the secretary of state shall be subject to judicial review. A pet
groomer may reapply after re-taking a training course if their certif-
icate of registration was revoked, denied or suspended.

Section 544 relates to inspections. The Secretary of State or his or her
authorized agents shall be authorized to jointly coordinate with the
commissioner of Agriculture and Markets or his or her authorized agents,
to inspect pet grooming facilities.  Those making inspections to ensure
compliance with the provisions of this article, or if a complaint
warrants such inspection.
Section 545 pertains to violations. In addition to denial, revocation,
suspension, or refusal of renewal of a certificate of registration, any
violation of a provision of this article is a civil offense, which may
carry a penalty of not less than $100 and no more than $500 for each
violation. Monies collected shall be retained by the local municipality.

Section two provides the effective date.

 
JUSTIFICATION:

Currently, pet groomers are not required to obtain any kind of registra-
tion in order to practice their profession. This has led to unregulated
care and unfortunate outcomes for pets and their owners.  In recent
years, there have been several cases in New York of healthy dogs dying
while in the care of mobile grooming facilities. This bill is intended
to protect pets by requiring groomers to meet certain qualifications and
obtain a certificate of registration. It also specifies sanitary, health
and safety standards that must be met by pet groomers and pet grooming
facilities, which includes mobile groomers.

 
PRIOR LEGISLATIVE HISTORY:

2018: A.284c Third Reading / S.5146c Consumer Protection
2017: A.284a Passed Assembly / S.5146a Consumer Protection
2016: A.14513 Third Reading / S.5098a Consumer Protection
2015: A.14518 Rules / S.5098A Consumer Protection
2013-14: A.415 Economic Development
2011-12: A.239 Economic Development
2009-10: A.8822 Economic Development / S.815 Consumer Protection

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
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.

2019-S408A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  408--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (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:
 
   Section 1. The general business law is amended by adding a new article
 29-CCC to read as follows:
 
                              ARTICLE 29-CCC
                 REGISTRATION AND REGULATION OF PET GROOMERS
 
 SECTION 539. DEFINITIONS.
         540. STANDARD OF CARE.
         541. RECORD KEEPING.
         542. CERTIFICATE OF REGISTRATION.
         543. CERTIFICATE OF REGISTRATION REFUSAL, SUSPENSION OR  REVOCA-
                TION.
         544. INSPECTIONS.
         545. VIOLATIONS.

   § 539. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "PET"  MEANS  AN  ANIMAL AS DEFINED BY SUBDIVISION FIVE OF SECTION
 THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
   2. "REGISTERED PET GROOMER" MEANS AN INDIVIDUAL, REGISTERED AS  A  PET
 GROOMER  WHO BATHES, BRUSHES, DRIES, CLIPS OR STYLES A PET FOR FINANCIAL
 REMUNERATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00600-06-9

 S. 408--A                           2
 
   3. "PET GROOMER" MEANS AN INDIVIDUAL, WORKING UNDER THE SUPERVISION OF
 A REGISTERED PET GROOMER AT THE GROOMING FACILITY.
   4.  "PET  GROOMING FACILITY" MEANS A BUSINESS PERMANENTLY OPERATING IN
 NEW YORK STATE, INCLUDING MOBILE FACILITIES, WHERE A PET MAY BE  BATHED,
 DRIED,  BRUSHED,  CLIPPED  OR STYLED, AND (I) PET GROOMING IS THE ESTAB-
 LISHMENT'S PREDOMINANT SOURCE OF SALES, OR (II)  PET  GROOMING  SERVICES
 ARE  OFFERED  WITHIN  A RETAIL STORE.  A PET GROOMING FACILITY SHALL NOT
 INCLUDE ANY SELF-SERVICE PET  GROOMING  FACILITIES,  INCLUDING  BUT  NOT
 LIMITED  TO BUSINESSES SUCH AS CAR WASH FACILITIES WHERE PET GROOMING IS
 ANCILLARY TO THE PRIMARY BUSINESS OF THE  FACILITY  OR  BUSINESSES  THAT
 PROVIDE  CUSTOMERS  WITH  PET  GROOMING  EQUIPMENT  AND/OR  SUPPLIES FOR
 CUSTOMERS TO USE TO GROOM THEIR OWN PERSONAL PETS AND EMPLOYEES AT  SUCH
 SELF-SERVICE PET GROOMING FACILITIES ONLY PROVIDE ASSISTANCE DEMONSTRAT-
 ING  HOW TO OPERATE EQUIPMENT PROPERLY AND SAFELY. IF A SELF-SERVICE PET
 GROOMING FACILITY ALSO OFFERS PET GROOMING SERVICES, THEN SUCH  FACILITY
 SHALL BE CONSIDERED A PET GROOMING FACILITY AND A REGISTERED PET GROOMER
 WOULD  BE  REQUIRED  TO  BE  ON  PREMISES. FOR PURPOSES OF THIS SECTION,
 LOCATIONS USED FOR TEMPORARY EVENTS, SUCH AS PET SHOWS AND  EXHIBITIONS,
 ARE  NOT  CONSIDERED  A  PET  GROOMING FACILITY. FURTHER, A PET GROOMING
 FACILITY SHALL NOT INCLUDE A HOME-BASED BREEDER AS DEFINED BY  PARAGRAPH
 (A)  OF  SUBDIVISION FOUR OF SECTION FOUR HUNDRED OF THE AGRICULTURE AND
 MARKETS LAW.
   § 540. STANDARD OF CARE. 1. THE PRIMARY CONCERN OF EVERY PERSON REGIS-
 TERED PURSUANT TO THIS ARTICLE, AND THOSE WORKING UNDER THE  SUPERVISION
 OF  SUCH  PERSON, SHALL BE THE SAFETY AND WELL-BEING OF THE PET IN THEIR
 CARE. NO PET SHALL BE LEFT  UNACCOMPANIED  WHILE  RESTRAINED  OR  UNRES-
 TRAINED ON A GROOMING TABLE, IN A BATHING AREA OR IN A DRYER. PETS SHALL
 BE  CARED  FOR  ACCORDING  TO THE MINIMUM STANDARDS OF SUBDIVISIONS ONE,
 TWO, THREE AND FOUR OF SECTION FOUR HUNDRED ONE OF THE  AGRICULTURE  AND
 MARKETS  LAW,  AND ANY OTHER SECTIONS OF THE AGRICULTURE AND MARKETS LAW
 RELATING TO THE CARE OF PETS.
   2. EVERY PET GROOMING FACILITY WHERE PETS ARE  GROOMED  SHALL  DISPLAY
 CONTACT  INFORMATION  FOR  THE  SECRETARY  OF  STATE AND A COPY OF THEIR
 CERTIFICATE OF REGISTRATION AS REQUIRED BY SECTION FIVE  HUNDRED  FORTY-
 TWO OF THIS ARTICLE.
   §  541.  RECORD  KEEPING.  1. EACH PET GROOMER SHALL KEEP AND MAINTAIN
 RECORDS REGARDING EACH ANIMAL CARED FOR  AND  THE  OWNER  THEREOF.  SUCH
 RECORDS  SHALL  INCLUDE  THE  NAME,  CONTACT  NUMBER, AND ADDRESS OF THE
 OWNER, THE SERVICES PROVIDED, AND THE DATE SUCH SERVICES WERE  PROVIDED.
 FURTHER,  EACH PET GROOMING FACILITY SHALL REQUEST FROM PET OWNERS PROOF
 OF ANNUAL VACCINATIONS AND A RECORD OF ANY KNOWN MEDICAL ISSUES,  CONDI-
 TIONS OR INJURIES FOR EACH PET GROOMED.
   2. RECORDS FOR EACH ANIMAL SHALL BE MAINTAINED FOR A MINIMUM PERIOD OF
 ONE  YEAR  FROM  THE DATE OF SERVICE. DURING NORMAL BUSINESS HOURS, SUCH
 RECORDS SHALL BE MADE AVAILABLE TO PERSONS AUTHORIZED BY LAW TO  ENFORCE
 THE PROVISIONS OF THIS ARTICLE.
   §  542. CERTIFICATE OF REGISTRATION. 1. ANY PERSON INTENDING TO OWN OR
 OPERATE A PET GROOMING FACILITY AS DEFINED IN THIS ARTICLE SHALL HOLD  A
 CERTIFICATE OF REGISTRATION ISSUED BY THE SECRETARY OF STATE AS REQUIRED
 BY THIS ARTICLE.
   2.  THE  SECRETARY  OF STATE, IN COOPERATION AND CONSULTATION WITH THE
 DEPARTMENT OF  AGRICULTURE  AND  MARKETS,  SHALL  ESTABLISH  A  TRAINING
 PROGRAM  FOR  APPLICANTS INTERESTED IN OBTAINING SUCH REGISTRATION.  THE
 OBJECTIVES OF THE TRAINING SHALL BE TO ENSURE THE APPLICANTS HAVE SUFFI-
 CIENT SKILLS TO SAFEGUARD THE HEALTH  AND  SAFETY  OF  THE  ANIMAL.  THE
 TRAINING  SHALL  BE  AVAILABLE  THROUGH AN EDUCATIONAL COURSE OR PROGRAM

 S. 408--A                           3
 
 DEVELOPED BY THE DEPARTMENT AND/OR OFFERED  THROUGH  A  GROOMER  CERTIF-
 ICATION  SCHOOL,  ORGANIZATION  OR  PROGRAM  APPROVED BY THE DEPARTMENT.
 SUCH EDUCATIONAL TRAINING PROGRAMS  OR  COURSES  SHALL,  AT  A  MINIMUM,
 INCLUDE  BASIC  HEALTH,  SAFETY, ANIMAL FIRST AID, BEST SANITATION PRAC-
 TICES AND GENERAL CARE AND GROOMING FOR ANIMALS.   SUCH  TRAINING  SHALL
 ALSO BE AVAILABLE ONLINE BY THE STATE OR AN ORGANIZATION APPROVED BY THE
 SECRETARY OF STATE.
   3.  THE  SECRETARY OF STATE SHALL CREATE AND MAINTAIN AN ONLINE ROSTER
 OF REGISTRANTS. SUCH RECORD SHALL INCLUDE DISCIPLINARY  ACTION,  SUSPEN-
 SION OF REGISTRATION AND REVOCATION.
   4.  NO  INDIVIDUAL  SHALL  BE  PERMITTED  TO REGISTER AS A PET GROOMER
 UNLESS SUCH APPLICANT IS AT LEAST EIGHTEEN YEARS OF AGE.
   5. (A) IF THE APPLICANT PROVIDES THE  NECESSARY  BUSINESS  INFORMATION
 AND  HAS  COMPLETED  THE  TRAINING  AND RECEIVED A CERTIFICATE, THEN THE
 SECRETARY OF STATE SHALL ISSUE SUCH APPLICANT A CERTIFICATE OF REGISTRA-
 TION AS A REGISTERED PET GROOMER UPON PAYMENT OF A FORTY  DOLLAR  ANNUAL
 REGISTRATION FEE. AT MINIMUM, EACH REGISTRANT SHALL PROVIDE:
   (I) THE NAME OF THE PET GROOMING FACILITY;
   (II)  THE  PRINCIPAL  ADDRESS,  CONTACT  NUMBER,  AND NAMES OF ALL THE
 OWNERS OF THE BUSINESS;
   (III) EVIDENCE OF APPROPRIATE TRAINING, SUCH AS: (1)  HAVING  BEEN  IN
 THE  FIELD  OF  PET  GROOMING  EITHER AS AN APPRENTICE PROGRAM OR FROM A
 SCHOOL OR INSTITUTION APPROVED BY THE DEPARTMENT AND  THAT  PROVIDES  AN
 ORGANIZATION  INSTRUCTION  IN  PET  GROOMING;  OR  (2)  HAS 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 AND SUCH PROGRAM IS APPROVED BY THE
 DEPARTMENT; AND
   (IV) ANY OTHER INFORMATION THAT THE  DEPARTMENT  DEEMS  NECESSARY  AND
 APPROPRIATE.
   (B)  INDIVIDUALS  CURRENTLY  ENGAGED  IN PET GROOMING ON THE EFFECTIVE
 DATE OF THIS ARTICLE MAY APPLY FOR  A  CERTIFICATE  OF  REGISTRATION  BY
 PROVIDING:
   (I)  PAYMENT OF THE SAME REGISTRATION FEE AS REQUIRED IN PARAGRAPH (A)
 OF THIS SUBDIVISION;
   (II) THE NAME OF THE PET GROOMING FACILITY;
   (III) THE PRINCIPAL ADDRESS, CONTACT NUMBER,  AND  NAMES  OF  ALL  THE
 OWNERS OF THE BUSINESS;
   (IV)  EVIDENCE  OF  COMPLETION  OF  A TRAINING PROGRAM APPROVED BY THE
 DEPARTMENT; AND
   (V) ANY OTHER INFORMATION THAT  THE  DEPARTMENT  DEEMS  NECESSARY  AND
 APPROPRIATE.
   (C)  THE DEPARTMENT SHALL PROVIDE EACH PET GROOMING FACILITY WHICH HAS
 COMPLIED WITH THE REGISTRATION REQUIREMENTS  AS  PROVIDED  FOR  IN  THIS
 ARTICLE WITH A CERTIFICATE OF REGISTRATION AND AN IDENTIFICATION CARD OR
 CERTIFICATE,  WHICH  SHALL  HAVE AN IDENTIFICATION NUMBER AND EXPIRATION
 DATE.
   6. A REGISTERED PET GROOMER MAY EMPLOY INDIVIDUALS, UNDER HIS  OR  HER
 DIRECT  SUPERVISION. A REGISTERED PET GROOMER MUST BE ON PREMISES AT ALL
 TIMES THAT A PET IS BEING ACTIVELY GROOMED. THE GROOMING FACILITY  SHALL
 DISPLAY  IN  A  CONSPICUOUS  PLACE  IN  SUCH FACILITY THE CERTIFICATE OF
 REGISTRATION.
   § 543. CERTIFICATE OF REGISTRATION REFUSAL, SUSPENSION OR  REVOCATION.
 1.  THE SECRETARY OF STATE MAY DECLINE TO GRANT OR RENEW, OR MAY SUSPEND
 OR REVOKE A PET GROOMER'S CERTIFICATE OF REGISTRATION FOR A FALSE STATE-
 MENT AS TO A MATERIAL MATTER IN THE APPLICATION FOR SUCH CERTIFICATE  OF

 S. 408--A                           4
 
 REGISTRATION,  FOR  PERSISTENT IMPROPER RECORD KEEPING OR BUSINESS PRAC-
 TICES, OR FOR A VIOLATION OF ANY PROVISION OF THIS LAW OR ANY LAW RELAT-
 ING TO THE HUMANE TREATMENT OF ANIMALS.
   2.  THE  SECRETARY OF STATE SHALL CONDUCT A HEARING BEFORE REVOKING OR
 SUSPENDING ANY CERTIFICATE OF REGISTRATION OR BEFORE ISSUING  ANY  ORDER
 DIRECTING  THE  CESSATION  OF UNAUTHORIZED ACTIVITIES. AT LEAST TEN DAYS
 PRIOR TO THE DATE SET FOR THE HEARING, THE HOLDER OF SUCH CERTIFICATE OF
 REGISTRATION SHALL BE NOTIFIED IN WRITING, OR THE PERSON ALLEGED TO HAVE
 ENGAGED IN UNAUTHORIZED ACTIVITIES, OF ANY CHARGES MADE AND SHALL AFFORD
 SUCH PERSON AN OPPORTUNITY TO BE HEARD IN PERSON OR BY COUNSEL IN REFER-
 ENCE HERETO.  THE HEARING ON SUCH CHARGES SHALL  BE  AT  SUCH  TIME  AND
 PLACE  AS  THE  DEPARTMENT SHALL PRESCRIBE. ANY PET GROOMING FACILITY OR
 PET GROOMER WHOSE CERTIFICATE OF REGISTRATION  IS  REVOKED,  DENIED,  OR
 SUSPENDED  MAY  REAPPLY AFTER RE-TAKING A TRAINING COURSE AS APPROVED BY
 THE DEPARTMENT AS WELL AS DEMONSTRATE TO THE SECRETARY  OF  STATE  THEIR
 ABILITY  TO  PROVIDE  FOR  THE HUMANE AND APPROPRIATE CARE AND SAFETY OF
 PETS IN THEIR CARE.
   3. ANY ACTION OF THE SECRETARY OF STATE PURSUANT TO THIS SECTION SHALL
 BE SUBJECT TO JUDICIAL REVIEW IN A PROCEEDING PURSUANT TO ARTICLE SEVEN-
 TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   § 544. INSPECTIONS. THE SECRETARY OF STATE OR HIS  OR  HER  AUTHORIZED
 AGENTS  SHALL  BE AUTHORIZED TO JOINTLY COORDINATE WITH THE COMMISSIONER
 OF AGRICULTURE AND MARKETS OR HIS OR HER AUTHORIZED  AGENTS  TO  INSPECT
 PET GROOMING FACILITIES TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS
 ARTICLE  OR  IF  A  COMPLAINT WARRANTS SUCH INSPECTION.   NOTHING HEREIN
 SHALL LIMIT THE ABILITY OF THE DEPARTMENT OF AGRICULTURE AND MARKETS  TO
 ENFORCE  THE PROVISIONS OF THE AGRICULTURE AND MARKETS LAW AS APPLICABLE
 TO SUCH FACILITY.  AUTHORITY TO CONDUCT SUCH INSPECTIONS TO ENFORCE  THE
 PROVISIONS  OF  THIS  ARTICLE AND REPORT THEREON MAY BE DELEGATED BY THE
 SECRETARY OF STATE TO A MUNICIPALITY.
   § 545. VIOLATIONS. 1. IN ADDITION TO DENIAL, REVOCATION, SUSPENSION OR
 REFUSAL OF RENEWAL  OF  A  CERTIFICATE  OF  REGISTRATION,  AS  OTHERWISE
 PROVIDED  IN  THIS ARTICLE, ANY VIOLATION OF A PROVISION OF THIS ARTICLE
 IS A CIVIL OFFENSE, FOR WHICH A PENALTY OF NOT  LESS  THAN  ONE  HUNDRED
 DOLLARS  NOR  MORE  THAN  FIVE HUNDRED DOLLARS FOR EACH VIOLATION MAY BE
 IMPOSED, PROVIDED HOWEVER FOR VIOLATIONS NOT AFFECTING  THE  HEALTH  AND
 SAFETY  OF A PERSON OR A PET AT THE PET GROOMING FACILITY, THE SECRETARY
 OF STATE MAY ALLOW FOR A CURE PERIOD OR OTHER OPPORTUNITY FOR  AMELIORA-
 TIVE ACTION, THE SUCCESSFUL COMPLETION OF WHICH WILL PREVENT THE IMPOSI-
 TION  OF  PENALTIES ON THE PARTY OR PARTIES SUBJECT TO ENFORCEMENT.  THE
 SECRETARY OF STATE SHALL IMPLEMENT AN APPEALS PROCESS  FOR  SUCH  REGIS-
 TERED  PET  GROOMER  WHO  WISHES  TO CONTEST THE IMPOSITION OF A PENALTY
 RELATED TO A CIVIL OFFENSE.
   2. THE PROVISIONS OF THIS ARTICLE MAY BE CONCURRENTLY ENFORCED BY  THE
 SECRETARY  OF  STATE  AND  BY ANY MUNICIPALITY TO WHICH THE SECRETARY OF
 STATE HAS DELEGATED AUTHORITY.  MONEYS  COLLECTED  THEREUNDER  SHALL  BE
 RETAINED BY THE LOCAL MUNICIPALITY.
   3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY
 MUNICIPALITY  WITH  A POPULATION OF ONE MILLION OR MORE FROM ENACTING OR
 ENFORCING A LOCAL LAW,  RULE,  REGULATION  OR  ORDINANCE  GOVERNING  PET
 GROOMERS,  PROVIDED  HOWEVER, THAT ANY SUCH LOCAL LAW, RULE, REGULATION,
 OR ORDINANCE SHALL BE NO LESS STRINGENT THAN THE  APPLICABLE  PROVISIONS
 OF THIS ARTICLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-

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

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