NY State Assembly Bill 2009-A8822

Assembly Bill A8822

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Assembly 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to economic development
Jun 10, 2009	referred to economic development

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2009-A8822 (ACTIVE) - Details

See Senate Version of this Bill:: S815
Current Committee:: Assembly Economic Development
Law Section:: General Business Law
Laws Affected:: Add Art 29-CCC §§539 - 546, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A239, S3156
2013-2014: A415
2015-2016: A1451
2017-2018: A284
2019-2020: A225
2021-2022: A135

2009-A8822 (ACTIVE) - Summary

Provides for the licensing and regulation of pet groomers; establishes standards of care, training and testing; applicant must be at least sixteen years of age and have completed at least the tenth grade; current practitioners may continue but must be licensed within one year from effective date of legislation.

2009-A8822 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8822

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

PURPOSE OR GENERAL IDEA OF BILL: To require those who groom pets to
obtain a license 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 licensing and
regulation of pet groomers. Section 539 defines the terms to be used in
the article: "pet"; "pet groomer"; and "pet grooming facility." Section
540 defines standards of care for pets in the care of pet groomers. This
section provides that enclosures for pets shall be structurally sound,
clean, in good repair and large enough to allow each pet to make normal
postural adjustments. Proper temperature, lighting and sanitary condi-
tions are to be maintained.  Groomers shall inquire as to the veterinary
needs of every pet, and shall provide adequate water. Every location
shall display a telephone number of the state bureau where a pet owner
may report alleged violations. Pets shall not be left unattended and a
drying cage shall never be used. Every person licensed to be a pet
groomer shall provide proof that he or she is insured to cover liability
for negligent acts. Section 541 outlines record keeping. Every pet
groomer must keep and maintain records of every pet he or she grooms for
a period of two years from date of service. Section 542 outlines

licenses. The secretary of state shall establish:  a bureau or office
for the licensing of individuals as pet groomers; a training program;
and testing procedures for pet grooming applicants. The bureau or office
shall create and maintain a roster of licensees. No individual shall be
permitted to take a licensing exam unless she is at least sixteen years
of age, of good moral character, and has completed at least tenth grade.
The secretary of state shall issue a license to qualified persons upon
the payment of a twenty dollar biennial registration fee. A licensed
groomer may employ individuals, under his or her direct supervision, who
are in training for the pet groomer's examination. The licensed groomer
shall display his or her license in a conspicuous place. Section 543
outlines license refusal, suspension or revocation. The secretary of
state may decline to grant or renew, or may suspend or revoke a pet
groomer's license 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 license, a hearing
shall be held. Any action of the secretary of state shall be subject to
judicial review. Section 544 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 outlines violations. In addition to denial, revocation,
suspension, or refusal of renewal of a license, 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 $1000 for each violation. Monies
collected shall be retained by the local municipality. Section 546

provides that individuals engaged in pet grooming on the effective date
of this article must make application for a license as provided in this
article within one year.

Section two provides the effective date.

JUSTIFICATION: Currently, those who groom pets are not required to hold
a license, and there is no procedure in place to obtain a license in New
York State. This has led to unregulated care and unfortunate outcomes
for pets and their owners. Specifically, there have been a few instances
where pets have died in drying cages. This bill is intended to protect
pets that have been brought to a groomer by requiring groomers to meet
certain qualifications and obtain a license. The bill also specifies
sanitary, health and safety standards that must be met by pet groomers
and pet grooming facilities.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATION:  Unknown at present.

EFFECTIVE DATE: This act shall take effect on the ninetieth 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.

2009-A8822 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8822

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 10, 2009
                               ___________

Introduced  by  M. of A. PAULIN, COOK, ZEBROWSKI, MILLMAN -- Multi-Spon-
  sored by -- M. of A.  CHRISTENSEN, DINOWITZ, GABRYSZAK,  MENG,  PERRY,
  PHEFFER, ROBINSON, TITONE, WEISENBERG -- read once and referred to the
  Committee on Economic Development, Job Creation, Commerce and Industry

AN  ACT  to amend the general business law, in relation to the licensing
  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
                 LICENSING AND REGULATION OF PET GROOMERS

SECTION 539. DEFINITIONS.
        540. STANDARD OF CARE.
        541. RECORD KEEPING.
        542. LICENSES.
        543. LICENSE REFUSAL, SUSPENSION OR REVOCATION.
        544. INSPECTIONS.
        545. VIOLATIONS.
        546. CURRENT PRACTITIONERS.

  S 539. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1.  "PET"  MEANS  ANY  ANIMAL  PLACED IN THE CARE OF A PET GROOMER FOR
GROOMING OR STYLING.
  2. "PET GROOMER" MEANS AN INDIVIDUAL, LICENSED AS A  PET  GROOMER  WHO
BATHES, BRUSHES, CLIPS OR STYLES A PET FOR FINANCIAL REMUNERATION.
  3.  "PET  GROOMING  FACILITY" MEANS A COMMERCIAL ESTABLISHMENT WHERE A
PET MAY BE BATHED, BRUSHED, CLIPPED OR STYLED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06114-01-9

A. 8822                             2

  S 540. STANDARD OF CARE.  1.  THE  PRIMARY  CONCERN  OF  EVERY  PERSON
LICENSED  PURSUANT TO THIS ARTICLE SHALL BE THE SAFETY AND WELL-BEING OF
THE PET IN THEIR CARE. PETS NOT IN THE GROOMING PROCESS SHALL BE KEPT IN
STRUCTURALLY SOUND CLEAN CAGES. SUCH ENCLOSURES SHALL BE IN GOOD  REPAIR
AND  LARGE  ENOUGH TO ALLOW EACH PET TO MAKE NORMAL POSTURAL ADJUSTMENTS
SUCH AS SITTING, STANDING AND TURNING AROUND. EACH PET  SHALL  BE  CAGED
SEPARATELY.
  2.  OUTDOOR  FACILITIES  SHALL  NOT  BE UTILIZED IN INCLEMENT WEATHER.
INDOOR FACILITIES SHALL BE MAINTAINED AT A  HEALTHY  TEMPERATURE.  THERE
SHALL  BE  SUFFICIENT  LIGHTING  TO FACILITATE CLEANING OF BOTH PETS AND
FACILITIES.  SANITARY CONDITIONS SHALL BE MAINTAINED AT ALL TIMES.
  3. UPON RECEIVING A PET FOR GROOMING, THE GROOMER SHALL INQUIRE AS  TO
THE PET'S VETERINARIAN AND ANY SPECIAL NEEDS OF SUCH PET. ADEQUATE WATER
SUPPLY SHALL BE AVAILABLE FOR DRINKING AS WELL AS BATHING.
  4.  EVERY  LOCATION  WHERE  PETS ARE GROOMED SHALL DISPLAY A TELEPHONE
NUMBER OF THE STATE BUREAU OR OFFICE WHERE  THE  PET'S  OWNER  MAY  MAKE
KNOWN THEIR FEELINGS REGARDING THE SERVICES RECEIVED AT THE PET GROOMING
FACILITY.
  5.  PETS  SHALL NOT BE LEFT UNATTENDED WHILE AT THE GROOMING FACILITY,
AND A DRYING CAGE SHALL NEVER BE USED.
  6. EVERY PERSON LICENSED AS A PET GROOMER SHALL PROVE TO THE SATISFAC-
TION OF THE SECRETARY OF STATE OR A  REPRESENTATIVE  THEREOF  THAT  SUCH
PERSON IS INSURED COVERING THEIR LIABILITY FOR NEGLIGENT ACTS ASSOCIATED
WITH THEIR ACTIVITY AS A PET GROOMER.
  S  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  AND  ADDRESS OF THE OWNER, THE PET'S
VETERINARIAN AND THE DATE OF PROVIDING SERVICE.
  2. RECORDS FOR EACH ANIMAL SHALL BE MAINTAINED FOR  A  PERIOD  OF  TWO
YEARS  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.
  S 542. LICENSES. 1. THE SECRETARY OF STATE SHALL ESTABLISH A BUREAU OR
OFFICE  FOR THE LICENSING OF INDIVIDUALS AS PET GROOMERS. SUCH BUREAU OR
OFFICE SHALL HAVE BRANCHES LOCATED IN VARIOUS  AREAS  OF  THE  STATE  IN
SUFFICIENT  NUMBER  TO  MEET  THE NEEDS OF THE PEOPLE OF THE STATE.  THE
SECRETARY OF STATE, IN COOPERATION AND CONSULTATION WITH  THE  EDUCATION
AND  HEALTH  DEPARTMENTS, SHALL ESTABLISH A TRAINING PROGRAM AND TESTING
PROCEDURE FOR APPLICANTS INTERESTED IN OBTAINING SUCH LICENSE.
  2. THE BUREAU OR OFFICE SHALL CREATE AND MAINTAIN A ROSTER  OF  LICEN-
SEES  BASED  ON  INFORMATION OBTAINED FROM APPLICANTS AND THE RESULTS OF
THEIR TRAINING AND  TESTING.  SUCH  RECORD  SHALL  INCLUDE  DISCIPLINARY
ACTION, SUSPENSION OF LICENSE AND REVOCATION.
  3.  NO  INDIVIDUAL SHALL BE PERMITTED TO TAKE AN EXAMINATION FOR A PET
GROOMER'S LICENSE UNLESS SUCH APPLICANT IS AT  LEAST  SIXTEEN  YEARS  OF
AGE, IS OF GOOD MORAL CHARACTER AND HAS COMPLETED AT LEAST A TENTH GRADE
EDUCATION.
  4.  IF THE APPLICANT MEETS THE NECESSARY QUALIFICATIONS, HAS COMPLETED
THE TRAINING AND PASSED THE EXAMINATION, THE SECRETARY  OF  STATE  SHALL
ISSUE SUCH APPLICANT A LICENSE AS A PET GROOMER UPON PAYMENT OF A TWENTY
DOLLAR  BIENNIAL  REGISTRATION  FEE. AN APPLICANT WHO HAS NOT PASSED THE
EXAMINATION BUT WHO IS OTHERWISE QUALIFIED, MAY CONTINUE TO TAKE FURTHER
EXAMINATIONS UPON PAYMENT OF A  TEN  DOLLAR  FEE  FOR  EACH  EXAMINATION
TAKEN.
  5.  A  LICENSED  PET  GROOMER MAY EMPLOY INDIVIDUALS, UNDER HIS OR HER
DIRECT SUPERVISION, WHO ARE IN TRAINING FOR THE PET  GROOMER'S  EXAMINA-

A. 8822                             3

TION.  THE  NAME  OF  THE  PERSON IN CHARGE OF ANY PET GROOMING FACILITY
SHALL BE POSTED IN A CONSPICUOUS PLACE IN SUCH FACILITY AND THE  LICENSE
OF SUCH PERSON SHALL BE PROMINENTLY DISPLAYED.
  S  543. LICENSE REFUSAL, SUSPENSION OR REVOCATION. 1. THE SECRETARY OF
STATE MAY DECLINE TO GRANT OR RENEW, OR MAY  SUSPEND  OR  REVOKE  A  PET
GROOMER'S  LICENSE  FOR  A  MATERIAL MISSTATEMENT IN THE APPLICATION FOR
SUCH LICENSE, FOR IMPROPER RECORD KEEPING OR BUSINESS PRACTICES OR FOR A
VIOLATION OF ANY PROVISION OF LAW RELATING TO THE  HUMANE  TREATMENT  OF
ANIMALS.
  2.  PRIOR TO SUSPENSION OR REVOCATION OF A LICENSE AND UPON DUE NOTICE
TO THE LICENSEE, A HEARING SHALL BE HELD AS PROVIDED IN  ARTICLES  THREE
AND FOUR OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
  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.
  S 544. INSPECTIONS. 1. THE SECRETARY OF STATE OR HIS OR HER AUTHORIZED
AGENTS  SHALL  MAKE  YEARLY  INSPECTIONS  OF  PET GROOMING FACILITIES TO
ENSURE COMPLIANCE WITH THE PROVISIONS  OF  THIS  ARTICLE.  AUTHORITY  TO
CONDUCT  SUCH  INSPECTIONS  AND  REPORT  THEREON MAY BE DELEGATED BY THE
SECRETARY OF STATE TO A COUNTY, CITY OR TOWN.
  2. ANY PERSON MAKING SUCH INSPECTIONS SHALL BE FIRST PROVIDED TRAINING
IN THE PROVISIONS OF THIS ARTICLE AND THE PROPER CARE OF PETS IN  GENER-
AL.
  S 545. VIOLATIONS. 1. IN ADDITION TO DENIAL, REVOCATION, SUSPENSION OR
REFUSAL  OF RENEWAL OF A LICENSE, 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 ONE
THOUSAND DOLLARS FOR EACH VIOLATION MAY BE IMPOSED.
  2. THE PROVISIONS OF THIS ARTICLE MAY BE CONCURRENTLY ENFORCED BY  THE
SECRETARY  OF  STATE AND BY ANY COUNTY, CITY OR TOWN TO WHICH THE SECRE-
TARY OF STATE HAS DELEGATED AUTHORITY. MONEYS COLLECTED THEREUNDER SHALL
BE RETAINED BY THE LOCAL MUNICIPALITY.
  S 546. 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 MUST, WITHIN SAID YEAR, MAKE APPLICATION FOR A
LICENSE AS  PROVIDED  IN  THIS  ARTICLE  AND  WILL  BE  SUBJECT  TO  THE
PROVISIONS OF THIS ARTICLE THEREAFTER.
  S  2.  This  act shall take effect on the ninetieth 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.

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Assembly Bill A8822

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Sponsored By

PAULIN

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Vivian Cook

Kenneth Zebrowski

Joan Millman

multi-Sponsors

Joan Christensen

Jeffrey Dinowitz

Dennis H. Gabryszak

Grace Meng

2009-A8822 (ACTIVE) - Details

2009-A8822 (ACTIVE) - Summary

2009-A8822 (ACTIVE) - Sponsor Memo

2009-A8822 (ACTIVE) - Bill Text download pdf

Comments