Assembly Bill A5909

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5909
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Economic Development
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   certain businesses licensed to practice appearance enhancement, cosme-
   tology,  and/or  barbering provide adequate handwashing facilities and
   such facilities are used between clients
 
   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 section
 404-d to read as follows:
   § 404-D. SANITARY RULES. 1. ALL BUSINESSES LICENSED UNDER THIS ARTICLE
 SHALL:
   (A)  BE  MAINTAINED  AND OPERATED IN ACCORDANCE WITH THE PROVISIONS OF
 THE STATE SANITARY CODE, EXCEPT IN THE CITY OF NEW YORK WHERE  THE  CITY
 HEALTH  CODE  SHALL  APPLY,  AND  ALL  LICENSEES  OR PERSONS EMPLOYED OR
 ENGAGED THEREIN  OR  IN  CONNECTION  THEREWITH  SHALL  COMPLY  WITH  THE
 PROVISIONS OF SUCH RULES.
   (B) ENSURE ADEQUATE HANDWASHING FACILITIES ARE PROVIDED AND MAINTAINED
 AND KEEP IN GOOD REPAIR IN OR ADJACENT TO TOILET ROOMS. SUCH HANDWASHING
 FACILITIES  SHALL INCLUDE: (I) RUNNING HOT AND COLD OR TEMPERED  POTABLE
 WATER;   (II) WHERE SELF-CLOSING OR  METERING  FAUCETS  ARE  USED,  SUCH
 FAUCETS  PROVIDE  A  FLOW  OF WATER FOR AT LEAST FIFTEEN SECONDS WITHOUT
 NEED  TO REACTIVATE THE FAUCET; (III) STEAM  MIXING  VALVES ARE  PROHIB-
 ITED;  (IV)  IN NEW CONSTRUCTION OR EXTENSIVELY ALTERED INSTALLATIONS, A
 MIXING VALVE OR COMBINATION FAUCET WITH HOT AND COLD OR TEMPERED  WATER;
 (V)  HAND CLEANING SOAP OR DETERGENT WITH A SANITARY STORAGE RECEPTACLE;
 (VI) INDIVIDUAL SINGLE-SERVICE TOWELS, WARM AIR BLOWERS OR  CLEAN  INDI-
 VIDUAL SECTIONS OF CONTINUOUS CLOTH; (VII) WASTE RECEPTACLES; AND (VIII)
 SIGNAGE  DEVELOPED  BY THE DEPARTMENT IN CONJUNCTION WITH THE DEPARTMENT
 OF HEALTH IN ENGLISH, SPANISH, AND CHINESE  WHICH  INDICATES  THAT  HAND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03424-01-5
 A. 5909                             2
              

 
 WASHING IS MANDATORY BEFORE RETURNING TO WORK.  SUCH HANDWASHING FACILI-
 TIES SHALL BE USED BETWEEN CLIENTS.
   (C)  PROVIDE GLOVES APPROVED BY THE DEPARTMENT IN CONJUNCTION WITH THE
 DEPARTMENT OF HEALTH TO EMPLOYEES.  SUCH GLOVES SHALL BE  DISCARDED  AND
 REPLACED WHEN SWITCHING CLIENTS OR WHEN PUNCTURED, TORN, OR DAMAGED.
   2.  NO  BUSINESS  LICENSED  UNDER  THIS ARTICLE SHALL HAVE HANDWASHING
 FACILITIES WHICH USE STEAM MIXING VALVES OR COMMON TOWELS.
   § 2. Section 436 of the general business law, as  amended  by  chapter
 499 of the laws of 1961, is amended to read as follows:
   § 436. Sanitary rules. 1. All barber shops shall:
   (A)  be  maintained  and operated in accordance with the provisions of
 the state sanitary code, except in the city of New York where  the  city
 health  code  shall  apply,  and  all  licensees  or persons employed or
 engaged therein  or  in  connection  therewith  shall  comply  with  the
 provisions of such rules.
   (B) ENSURE ADEQUATE HANDWASHING FACILITIES ARE PROVIDED AND MAINTAINED
 AND KEEP IN GOOD REPAIR IN OR ADJACENT TO TOILET ROOMS. SUCH HANDWASHING
 FACILITIES  SHALL INCLUDE: (I) RUNNING HOT AND COLD OR TEMPERED  POTABLE
 WATER;   (II) WHERE SELF-CLOSING OR  METERING  FAUCETS  ARE  USED,  SUCH
 FAUCETS  PROVIDE  A  FLOW  OF WATER FOR AT LEAST FIFTEEN SECONDS WITHOUT
 NEED  TO REACTIVATE THE FAUCET; (III) STEAM  MIXING  VALVES ARE  PROHIB-
 ITED;  (IV)  IN NEW CONSTRUCTION OR EXTENSIVELY ALTERED INSTALLATIONS, A
 MIXING VALVE OR COMBINATION FAUCET WITH HOT AND COLD OR TEMPERED  WATER;
 (V)  HAND CLEANING SOAP OR DETERGENT WITH A SANITARY STORAGE RECEPTACLE;
 (VI) INDIVIDUAL SINGLE-SERVICE TOWELS, WARM AIR BLOWERS OR  CLEAN  INDI-
 VIDUAL SECTIONS OF CONTINUOUS CLOTH; (VII) WASTE RECEPTACLES; AND (VIII)
 SIGNAGE  DEVELOPED  BY THE DEPARTMENT IN CONJUNCTION WITH THE DEPARTMENT
 OF HEALTH IN ENGLISH, SPANISH, AND CHINESE  WHICH  INDICATES  THAT  HAND
 WASHING  IS MANDATORY BEFORE RETURNING TO WORK. SUCH HANDWASHING FACILI-
 TIES SHALL BE USED BETWEEN CLIENTS.
   (C) PROVIDE GLOVES APPROVED BY THE DEPARTMENT IN CONJUNCTION WITH  THE
 DEPARTMENT  OF  HEALTH TO EMPLOYEES.  SUCH GLOVES SHALL BE DISCARDED AND
 REPLACED WHEN SWITCHING CLIENTS OR WHEN PUNCTURED, TORN, OR DAMAGED.
   2. NO BARBER SHOP SHALL HAVE HANDWASHING FACILITIES  WHICH  USE  STEAM
 MIXING VALVES OR COMMON TOWELS.
   § 3. 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.