NY State Assembly Bill 2015-A1451B

Assembly Bill A1451B

2015-2016 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 - On Floor Calendar

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
May 12, 2016	advanced to third reading cal.572
May 10, 2016	reported
Mar 08, 2016	reported referred to ways and means
Feb 09, 2016	reported referred to codes
Jan 06, 2016	referred to economic development
Jun 11, 2015	reported referred to rules
Jun 08, 2015	reported referred to ways and means
May 28, 2015	print number 1451b
May 28, 2015	amend and recommit to codes
Apr 28, 2015	reported referred to codes
Apr 21, 2015	print number 1451a
Apr 21, 2015	amend and recommit to economic development
Jan 12, 2015	referred to economic development

Bill Amendments

Original

B (Active)

co-Sponsors

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multi-Sponsors

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2015-A1451 - Details

See Senate Version of this Bill:: S5098
Law Section:: General Business Law
Laws Affected:: Add Art 29-CCC §§539 - 546, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A8822
2011-2012: A239
2013-2014: A415
2017-2018: A284, S5146
2019-2020: A225, S408
2021-2022: A135, S5688
2023-2024: S4663

2015-A1451 - Summary

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

2015-A1451 - Bill Text download pdf

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

                                  1451

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A.  PAULIN,  COOK, ZEBROWSKI, HOOPER, McDONOUGH,
  ROSENTHAL -- Multi-Sponsored by -- M. of A. DINOWITZ, PERRY, ROBINSON,
  SKARTADOS, TITONE -- read  once  and  referred  to  the  Committee  on
  Economic Development

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.
                                                           LBD04855-01-5

A. 1451                             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. 1451                             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.

co-Sponsors

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multi-Sponsors

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2015-A1451A - Details

See Senate Version of this Bill:: S5098
Law Section:: General Business Law
Laws Affected:: Add Art 29-CCC §§539 - 546, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A8822
2011-2012: A239
2013-2014: A415
2017-2018: A284, S5146
2019-2020: A225, S408
2021-2022: A135, S5688
2023-2024: S4663

2015-A1451A - Summary

2015-A1451A - Bill Text download pdf

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

                                 1451--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A.  PAULIN,  COOK, ZEBROWSKI, HOOPER, McDONOUGH,
  ROSENTHAL, MURRAY -- Multi-Sponsored by -- M. of A.  DINOWITZ,  PERRY,
  ROBINSON, SKARTADOS, TITONE -- read once and referred to the Committee
  on Economic Development -- 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 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  AN  ANIMAL AS DEFINED BY SUBDIVISION FIVE OF SECTION
THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
  2. "LICENSED PET GROOMER" MEANS  AN  INDIVIDUAL,  LICENSED  AS  A  PET
GROOMER  WHO BATHES, BRUSHES, CLIPS OR STYLES A PET FOR FINANCIAL REMUN-
ERATION.
  3. "PET GROOMER" MEANS AN INDIVIDUAL, WORKING UNDER THE SUPERVISION OF
A LICENSED PET GROOMER AT THE GROOMING FACILITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD04855-03-5

A. 1451--A                          2

  4. "PET GROOMING FACILITY" MEANS A BUSINESS INCLUDING A MOBILE FACILI-
TY WHERE A PET MAY BE BATHED, 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.
  S  540.  STANDARD  OF  CARE.  1.  THE  PRIMARY CONCERN OF EVERY PERSON
LICENSED PURSUANT TO THIS ARTICLE, AND THOSE WORKING  UNDER  THE  SUPER-
VISION  OF SUCH PERSON, SHALL BE THE SAFETY AND WELL-BEING OF THE PET IN
THEIR CARE. PETS SHALL NOT BE LEFT  UNATTENDED  WHILE  AT  THE  GROOMING
FACILITY.  IN  THE EVENT A PET IS LEFT UNATTENDED, THE PET SHALL BE KEPT
IN A STRUCTURALLY SOUND, CLEAN CAGE. 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.
  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 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.
  S 542. LICENSES. 1. ANY PERSON INTENDING  TO  OWN  OR  OPERATE  A  PET
GROOMING BUSINESS AS DEFINED IN THIS ARTICLE SHALL HOLD A LICENSE ISSUED
BY THE SECRETARY OF STATE.
  2.  THE  SECRETARY  OF STATE, IN COOPERATION AND CONSULTATION WITH THE
DEPARTMENT OF  AGRICULTURE  AND  MARKETS,  SHALL  ESTABLISH  A  TRAINING
PROGRAM  AND  TESTING  PROCEDURE  FOR APPLICANTS INTERESTED IN OBTAINING
SUCH LICENSE.  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  PROGRAM  SHALL  BE  AVAILABLE BOTH ONLINE AND 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 LICEN-
SEES.  SUCH  RECORD  SHALL  INCLUDE  DISCIPLINARY  ACTION, SUSPENSION OF
LICENSE AND REVOCATION.
  4. 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.
  5. 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  FORTY
DOLLAR ANNUAL REGISTRATION FEE.
  6.  A  LICENSED  PET  GROOMER MAY EMPLOY INDIVIDUALS, UNDER HIS OR HER
DIRECT SUPERVISION. A LICENSED PET GROOMER MUST BE ON  PREMISES  AT  ALL
TIMES.  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  FALSE STATEMENT AS TO MATERIAL MATTER IN THE
APPLICATION FOR SUCH LICENSE, FOR PERSISTENT IMPROPER RECORD KEEPING  OR

A. 1451--A                          3

BUSINESS  PRACTICES,  OR FOR A VIOLATION OF ANY PROVISION OF THIS LAW OR
ANY LAW RELATING TO THE HUMANE TREATMENT OF ANIMALS.
  2.  THE  SECRETARY OF STATE SHALL CONDUCT A HEARING BEFORE REVOKING OR
SUSPENDING ANY LICENSE OR BEFORE ISSUING ANY ORDER DIRECTING THE  CESSA-
TION  OF  UNLICENSED ACTIVITIES. AT LEAST TEN DAYS PRIOR TO THE DATE SET
FOR THE HEARING, THE HOLDER OF SUCH LICENSE SHALL BE NOTIFIED  IN  WRIT-
ING,  OR THE PERSON ALLEGED TO HAVE ENGAGED IN UNLICENSED ACTIVITIES, OF
ANY CHARGES MADE AND SHALL AFFORD SUCH PERSON AN OPPORTUNITY TO BE HEARD
IN PERSON OR BY COUNSEL IN REFERENCE HERETO.  THE HEARING ON SUCH CHARG-
ES SHALL BE AT SUCH TIME AND PLACE AS THE DEPARTMENT SHALL PRESCRIBE.
  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. 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.
  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 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  AMELIORATIVE ACTION, THE SUCCESSFUL
COMPLETION OF WHICH WILL PREVENT THE  IMPOSITION  OF  PENALTIES  ON  THE
PARTY  OR  PARTIES SUBJECT TO ENFORCEMENT.  THE SECRETARY OF STATE SHALL
IMPLEMENT AN APPEALS PROCESS FOR SUCH LICENSED 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.
  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 PROVIDED THAT ALL  REGULATIONS  ARE  IN  PLACE,  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 THER-
EAFTER.
  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.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2015-A1451B (ACTIVE) - Details

See Senate Version of this Bill:: S5098
Law Section:: General Business Law
Laws Affected:: Add Art 29-CCC §§539 - 546, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A8822
2011-2012: A239
2013-2014: A415
2017-2018: A284, S5146
2019-2020: A225, S408
2021-2022: A135, S5688
2023-2024: S4663

2015-A1451B (ACTIVE) - Summary

2015-A1451B (ACTIVE) - Bill Text download pdf

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

                                 1451--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A.  PAULIN,  COOK, ZEBROWSKI, HOOPER, McDONOUGH,
  ROSENTHAL, MURRAY -- Multi-Sponsored by -- M. of A.  DINOWITZ,  PERRY,
  ROBINSON, SALADINO, SKARTADOS, TITONE -- read once and referred to the
  Committee  on  Economic  Development  --  committee  discharged,  bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  reported  and referred to the Committee on Codes -- 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  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 AN ANIMAL AS DEFINED BY  SUBDIVISION  FIVE  OF  SECTION
THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04855-05-5

A. 1451--B                          2

  2.  "LICENSED  PET  GROOMER"  MEANS  AN  INDIVIDUAL, LICENSED AS A PET
GROOMER WHO BATHES, BRUSHES, CLIPS OR STYLES A PET FOR FINANCIAL  REMUN-
ERATION.
  3. "PET GROOMER" MEANS AN INDIVIDUAL, WORKING UNDER THE SUPERVISION OF
A LICENSED PET GROOMER AT THE GROOMING FACILITY.
  4. "PET GROOMING FACILITY" MEANS A BUSINESS INCLUDING A MOBILE FACILI-
TY  WHERE  A  PET MAY BE BATHED, 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.
  S 540. STANDARD OF CARE.  1.  THE  PRIMARY  CONCERN  OF  EVERY  PERSON
LICENSED  PURSUANT  TO  THIS ARTICLE, AND THOSE WORKING UNDER THE SUPER-
VISION OF SUCH PERSON, SHALL BE THE SAFETY AND WELL-BEING OF THE PET  IN
THEIR  CARE.  PETS  SHALL  NOT  BE LEFT UNATTENDED WHILE AT THE GROOMING
FACILITY. IN THE EVENT A PET IS LEFT UNATTENDED, THE PET SHALL  BE  KEPT
IN  A  STRUCTURALLY SOUND, CLEAN CAGE. 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.
  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  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.
  S  542.  LICENSES.  1.  ANY  PERSON  INTENDING TO OWN OR OPERATE A PET
GROOMING BUSINESS AS DEFINED IN THIS ARTICLE SHALL HOLD A LICENSE ISSUED
BY THE SECRETARY OF STATE.
  2. THE SECRETARY OF STATE, IN COOPERATION AND  CONSULTATION  WITH  THE
DEPARTMENT  OF  AGRICULTURE  AND  MARKETS,  SHALL  ESTABLISH  A TRAINING
PROGRAM AND TESTING PROCEDURE FOR  APPLICANTS  INTERESTED  IN  OBTAINING
SUCH  LICENSE.   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 PROGRAM SHALL BE AVAILABLE BOTH ONLINE AND  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 LICEN-
SEES. SUCH RECORD  SHALL  INCLUDE  DISCIPLINARY  ACTION,  SUSPENSION  OF
LICENSE AND REVOCATION.
  4.  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.
  5.  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 FORTY
DOLLAR ANNUAL REGISTRATION FEE.
  6. A LICENSED PET GROOMER MAY EMPLOY INDIVIDUALS,  UNDER  HIS  OR  HER
DIRECT  SUPERVISION.  A  LICENSED PET GROOMER MUST BE ON PREMISES AT ALL
TIMES. THE NAME OF THE PERSON IN CHARGE OF  ANY  PET  GROOMING  FACILITY

A. 1451--B                          3

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 FALSE STATEMENT AS TO A MATERIAL MATTER IN THE
APPLICATION FOR SUCH LICENSE, FOR PERSISTENT IMPROPER RECORD KEEPING  OR
BUSINESS  PRACTICES,  OR FOR A VIOLATION OF ANY PROVISION OF THIS LAW OR
ANY LAW RELATING TO THE HUMANE TREATMENT OF ANIMALS.
  2. THE SECRETARY OF STATE SHALL CONDUCT A HEARING BEFORE  REVOKING  OR
SUSPENDING  ANY LICENSE OR BEFORE ISSUING ANY ORDER DIRECTING THE CESSA-
TION OF UNLICENSED ACTIVITIES. AT LEAST TEN DAYS PRIOR TO THE  DATE  SET
FOR  THE  HEARING, THE HOLDER OF SUCH LICENSE SHALL BE NOTIFIED IN WRIT-
ING, OR THE PERSON ALLEGED TO HAVE ENGAGED IN UNLICENSED ACTIVITIES,  OF
ANY CHARGES MADE AND SHALL AFFORD SUCH PERSON AN OPPORTUNITY TO BE HEARD
IN PERSON OR BY COUNSEL IN REFERENCE HERETO.  THE HEARING ON SUCH CHARG-
ES SHALL BE AT SUCH TIME AND PLACE AS THE DEPARTMENT SHALL PRESCRIBE.
  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.  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.
  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  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  AMELIORATIVE  ACTION,  THE  SUCCESSFUL
COMPLETION  OF  WHICH  WILL  PREVENT  THE IMPOSITION OF PENALTIES ON THE
PARTY OR PARTIES SUBJECT TO ENFORCEMENT.  THE SECRETARY OF  STATE  SHALL
IMPLEMENT AN APPEALS PROCESS FOR SUCH LICENSED 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.
  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  THE  TIME  REGULATIONS  ARE FINALIZED, 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.

A. 1451--B                          4

  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 A1451B

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Sponsored By

PAULIN

Archive: Last Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

Vivian Cook

Kenneth Zebrowski

Earlene Hooper

David McDonough

multi-Sponsors

Jeffrey Dinowitz

N. Nick Perry

Annette Robinson

Frank Skartados

2015-A1451 - Details

2015-A1451 - Summary

2015-A1451 - Bill Text download pdf

co-Sponsors

Vivian Cook

Kenneth Zebrowski

Earlene Hooper

David McDonough

multi-Sponsors

Jeffrey Dinowitz

N. Nick Perry

Annette Robinson

Joseph Saladino

2015-A1451A - Details

2015-A1451A - Summary

2015-A1451A - Bill Text download pdf

co-Sponsors

Vivian Cook

Kenneth Zebrowski

Earlene Hooper

David McDonough

multi-Sponsors

John Ceretto

Jeffrey Dinowitz

N. Nick Perry

Annette Robinson

2015-A1451B (ACTIVE) - Details

2015-A1451B (ACTIVE) - Summary

2015-A1451B (ACTIVE) - Bill Text download pdf

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