NY State Senate Bill 2009-S3323

Senate Bill S3323

2009-2010 Legislative Session

Authorizes and directs the department of health to promulgate regulations to govern the use of chemicals in connection with the practice of nail specialty

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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 06, 2010	referred to consumer protection
Jun 01, 2009	print number 3323a
Jun 01, 2009	amend (t) and recommit to consumer protection
Mar 16, 2009	referred to consumer protection

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2009-S3323 - Details

See Assembly Version of this Bill:: A2104
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §404, Gen Bus L

2009-S3323 - Summary

Authorizes and directs the department of health to promulgate regulations to govern the use of chemicals in connection with the practice of nail specialty, including, but not limited to, health and safety concerns and the use of appropriate ventilation.

2009-S3323 - Sponsor Memo

                                 BILL NUMBER:  S3323

 TITLE OF BILL :

An act to amend the general business law, in relation to authorizing
and directing the secretary of state to promulgate regulations to
govern the use of chemicals in connection with the practice of nail
specialty


 PURPOSE OR GENERAL IDEA OF BILL :

This legislation directs the Secretary of State to promulgate
regulations to govern the use of chemicals used in nail salons
throughout New York State.

 SUMMARY OF SPECIFIC PROVISIONS :

Section One of the measure amends Section 404 of the General Business
Law, as amended by Chapter 341 of the Laws of 1998 directing the
Secretary of State to promulgate rules and regulations governing the
use of chemicals, including, but not limited to, health and safety
concerns implicated by the topical applications of such chemicals to
the body and the inhalation of the fumes there from, and fire hazards
due to such fumes.

The measure additionally requires the display of signs in a prominent
place where such chemicals are used, in clearly legible type and
printed letters describing such potential health and safety concerns
and may require the use of appropriate ventilation where such
chemicals are used.

 JUSTIFICATION :

Manicures and Pedicures performed at nail specialty shops and salons
are very popular and patronized by many New Yorkers. However, the
chemicals and the fumes there from, are toxic and flammable and
potentially pose a risk to the health and safety of both the employees
and patrons. As such, it is imperative that the use of toxic and
flammable chemicals be regulated and that consumers are informed on
the risks they take utilizing manicure and pedicure services and
products. This legislation meets that goal.

 FISCAL IMPLICATIONS :

Undetermined at this time.

 LEGISLATIVE HISTORY :

New Bill - 2009

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become a law, provided however, that effective immediately,
the addition, amendment and/or repeal of any rules or regulations
necessary for the implementation of the foregoing section of this act
on its effective date are authorized and directed to be made and
complete on or before such effective date.

2009-S3323 - Bill Text download pdf

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

                                  3323

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced by Sens. STEWART-COUSINS, DIAZ, HASSELL-THOMPSON, MONTGOMERY,
  STAVISKY  --  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 authorizing and
  directing the secretary of state to promulgate regulations  to  govern
  the use of chemicals in connection with the practice of nail specialty

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 404 of the general business  law,  as  amended  by
chapter 341 of the laws of 1998, is amended to read as follows:
  S 404. Rules and regulations. The secretary shall promulgate rules and
regulations  which  establish  standards  for  practice and operation by
licensees under this article in order to ensure the health,  safety  and
welfare of the public. Such rules and regulations shall include, but not
be  limited  to,  the  sanitary conditions and procedures required to be
maintained, a minimum standard of training appropriate to the duties  of
nail  specialists,  waxers,  natural  hair  stylists,  estheticians, and
cosmetologists and the provision of service by nail specialists, waxers,
natural  hair  stylists,  estheticians  or  cosmetologists   at   remote
locations other than the licensee's home provided that such practitioner
holds  an  appearance enhancement business license to operate at a fixed
location or is employed by the holder of an appearance enhancement busi-
ness license. Regulations setting forth the educational requirements for
nail specialists shall include  education  in  the  area  of  causes  of
infection and bacteriology.  IN ADDITION, THE SECRETARY SHALL PROMULGATE
RULES  AND REGULATIONS GOVERNING THE USE OF CHEMICALS IN CONNECTION WITH
THE PRACTICE OF NAIL SPECIALTY, INCLUDING, BUT NOT  LIMITED  TO,  HEALTH
AND SAFETY CONCERNS IMPLICATED BY THE TOPICAL APPLICATION OF SUCH CHEMI-
CALS  TO  THE  BODY  AND  THE INHALATION OF THE FUMES THEREFROM AND FIRE
HAZARDS DUE TO SUCH FUMES; SUCH RULES AND REGULATIONS SHALL REQUIRE: THE
DISPLAY OF SIGNS IN A PROMINENT PLACE WHERE SUCH CHEMICALS ARE USED,  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02928-02-9

S. 3323                             2

CLEARLY  READABLE  TYPE  AND  PRINTED  IN BLOCK LETTERS, DESCRIBING SUCH
POTENTIAL HEALTH AND SAFETY CONCERNS IMPLICATED BY THE TOPICAL  APPLICA-
TION  OF  SUCH  CHEMICALS AND THE INHALATION OF FUMES THEREFROM; AND THE
USE  OF APPROPRIATE VENTILATION, WHICH MAY INCLUDE EXHAUST FANS WHENEVER
SUCH CHEMICALS ARE USED. In promulgating such rules and regulations  the
secretary  shall  consult with the state education department, the advi-
sory committee established pursuant to this  article,  any  other  state
agencies  and  private industry representatives as may be appropriate in
determining minimum training requirements.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided however, that effective  immediate-
ly,  the  addition,  amendment and/or repeal of any rules or regulations
necessary for the implementation of the foregoing section of this act on
its effective date are authorized and directed to be made and  completed
on or before such effective date.

co-Sponsors

View additional co-sponsors

2009-S3323A (ACTIVE) - Details

See Assembly Version of this Bill:: A2104
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §404, Gen Bus L

2009-S3323A (ACTIVE) - Summary

2009-S3323A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3323A

 TITLE OF BILL :

An act to amend the general business law, in relation to authorizing
and directing the department of health to promulgate regulations to
govern the use of chemicals in connection with the practice of nail
specialty


 PURPOSE OR GENERAL IDEA OF BILL :

This legislation directs the Department of Health to promulgate
regulations to govern the use of chemicals used in nail salons
throughout New York State.

 SUMMARY OF SPECIFIC PROVISIONS :

Section One of the measure amends Section 404 of the General Business
Law, as amended by Chapter 341 of the Laws of 1998 directing the
Department of Health to promulgate rules and regulations governing the
use of chemicals, including, but not limited to, health and safety
concerns implicated by the topical applications of such chemicals to
the body and the inhalation of the fumes there from, and fire hazards
due to such fumes.

The measure additionally requires the display of signs in a prominent
place where such chemicals are used, in clearly legible type and
printed letters describing such potential health and safety concerns
and may require the use of appropriate ventilation where such
chemicals are used.

 JUSTIFICATION :

Manicures and Pedicures performed at nail specialty shops and salons
are very popular and patronized by many New Yorkers. However, the
chemicals and the fumes there from, are toxic and flammable and
potentially pose a risk to the health and safety of both the employees
and patrons. As such, it is imperative that the use of toxic and
flammable chemicals be regulated and that consumers are informed on
the risks they take utilizing manicure and pedicure services and
products. This legislation meets that goal.

 FISCAL IMPLICATIONS :

Undetermined at this time.

 LEGISLATIVE HISTORY :

New Bill - 2009

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become a law, provided however, that effective immediately,
the addition, amendment and/or repeal of any rules or regulations
necessary for the implementation of the foregoing section of this act
on its effective date are authorized and directed to be made and
complete on or before such effective date.

2009-S3323A (ACTIVE) - Bill Text download pdf

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

                                 3323--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced by Sens. STEWART-COUSINS, DIAZ, HASSELL-THOMPSON, MONTGOMERY,
  PERKINS,  STAVISKY -- 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 authorizing and
  directing the department of health to promulgate regulations to govern
  the use of chemicals in connection with the practice of nail specialty

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 404 of the general business  law,  as  amended  by
chapter 341 of the laws of 1998, is amended to read as follows:
  S 404. Rules and regulations. The secretary shall promulgate rules and
regulations  which  establish  standards  for  practice and operation by
licensees under this article in order to ensure the health,  safety  and
welfare of the public. Such rules and regulations shall include, but not
be  limited  to,  the  sanitary conditions and procedures required to be
maintained, a minimum standard of training appropriate to the duties  of
nail  specialists,  waxers,  natural  hair  stylists,  estheticians, and
cosmetologists and the provision of service by nail specialists, waxers,
natural  hair  stylists,  estheticians  or  cosmetologists   at   remote
locations other than the licensee's home provided that such practitioner
holds  an  appearance enhancement business license to operate at a fixed
location or is employed by the holder of an appearance enhancement busi-
ness license. Regulations setting forth the educational requirements for
nail specialists shall include  education  in  the  area  of  causes  of
infection and bacteriology.  IN ADDITION, THE DEPARTMENT OF HEALTH SHALL
PROMULGATE  RULES  AND  REGULATIONS  GOVERNING  THE  USE OF CHEMICALS IN
CONNECTION WITH THE PRACTICE  OF  NAIL  SPECIALTY,  INCLUDING,  BUT  NOT
LIMITED  TO, HEALTH AND SAFETY CONCERNS IMPLICATED BY THE TOPICAL APPLI-
CATION OF SUCH CHEMICALS TO THE BODY AND THE  INHALATION  OF  THE  FUMES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02928-03-9

S. 3323--A                          2

THEREFROM AND FIRE HAZARDS DUE TO SUCH FUMES; SUCH RULES AND REGULATIONS
SHALL  REQUIRE:  THE  DISPLAY  OF  SIGNS IN A PROMINENT PLACE WHERE SUCH
CHEMICALS ARE USED, IN  CLEARLY  READABLE  TYPE  AND  PRINTED  IN  BLOCK
LETTERS, DESCRIBING SUCH POTENTIAL HEALTH AND SAFETY CONCERNS IMPLICATED
BY THE TOPICAL APPLICATION OF SUCH CHEMICALS AND THE INHALATION OF FUMES
THEREFROM;  AND  THE  USE  OF APPROPRIATE VENTILATION, WHICH MAY INCLUDE
EXHAUST FANS WHENEVER SUCH CHEMICALS  ARE  USED.  In  promulgating  such
rules  and regulations the secretary shall consult with the state educa-
tion department, the advisory committee  established  pursuant  to  this
article,  any  other state agencies and private industry representatives
as may be appropriate in determining minimum training requirements.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided however, that effective  immediate-
ly,  the  addition,  amendment and/or repeal of any rules or regulations
necessary for the implementation of the foregoing section 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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Senate Bill S3323

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Sponsored By

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

Bill Amendments

co-Sponsors

2009-S3323 - Details

2009-S3323 - Summary

2009-S3323 - Sponsor Memo

2009-S3323 - Bill Text download pdf

co-Sponsors

2009-S3323A (ACTIVE) - Details

2009-S3323A (ACTIVE) - Summary

2009-S3323A (ACTIVE) - Sponsor Memo

2009-S3323A (ACTIVE) - Bill Text download pdf

Comments