NY State Senate Bill 2017-S5146C

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 18, 2018	print number 5146c
May 18, 2018	amend (t) and recommit to consumer protection
Jan 10, 2018	print number 5146b
Jan 10, 2018	amend and recommit to consumer protection
Jan 03, 2018	referred to consumer protection
Mar 24, 2017	print number 5146a
Mar 24, 2017	amend and recommit to consumer protection
Mar 09, 2017	referred to consumer protection

2017-S5146 - Details

See Assembly Version of this Bill:: A284
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
2019-2020: S408, A225
2021-2022: S5688, A135
2023-2024: S4663

2017-S5146 - 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.

2017-S5146 - Sponsor Memo

                                 BILL NUMBER:  S5146

 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 of article 29-CCC defines the terms to be used in the
article: "pet", "licensed 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 licensed 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 period of one year from date of service.

Section 542 of article 29-CCC outlines licenses. The secretary of
state, in cooperation with the Department of Agriculture and Markets,
shall establish a training program and testing procedures for pet
grooming applicants. The secretary of state shall create and maintain
a roster of licensees. The secretary of state shall issue a license to
qualified persons upon the payment of a forty dollar annual
registration fee. A licensed groomer must be on the premises at all
times and 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 of article 29-CCC 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, the secretary of state shall
notify in writing the licensed pet groomer. Any action of the
secretary of state shall be subject to judicial review.

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 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 $500 for
each violation. Monies collected shall be retained by the local
municipality. Section 546 of article 29-CCC 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, pet groomers are not required to hold a license to practice
their profession. This has led to unregulated care and unfortunate
outcomes for pets and their owners: in 2012, two healthy dogs were
accidentally strangulated while in a mobile grooming facility. 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, which
includes mobile groomers.

 PRIOR LEGISLATIVE HISTORY :

A.1451-8 referred to rules in 2015 and advanced to a third reading in
2016.
Same as S.5098-A of 2015 and 2016, referred to consumer protection.
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.
S.5815 of 2009 and 2010, referred to consumer protection.

 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.

2017-S5146 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5146
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2017
                                ___________
 
 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  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.
 
   § 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.
                                                            LBD01080-01-7

 S. 5146                             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.
   §  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.
   §  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.
   § 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.
   §  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

 S. 5146                             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.
   § 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 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.
   §  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.
   § 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.

2017-S5146A - Details

See Assembly Version of this Bill:: A284
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
2019-2020: S408, A225
2021-2022: S5688, A135
2023-2024: S4663

2017-S5146A - 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.

2017-S5146A - Sponsor Memo

                                 BILL NUMBER:  S5146A

 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 of article 29-CCC defines the terms to be used in the
article: "pet", "licensed 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 licensed 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 period of one year from date of service.

Section 542 of article 29-CCC outlines licenses. The secretary of
state, in cooperation with the Department of Agriculture and Markets,
shall establish a training program and testing procedures for pet
grooming applicants. The secretary of state shall create and maintain
a roster of licensees. The secretary of state shall issue a license to
qualified persons upon the payment of a forty dollar annual
registration fee. A licensed groomer must be on the premises at all
times and 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 of article 29-CCC 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, the secretary of state shall
notify in writing the licensed pet groomer. Any action of the
secretary of state shall be subject to judicial review.

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 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 $500 for
each violation. Monies collected shall be retained by the local
municipality. Section 546 of article 29-CCC 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, pet groomers are not required to hold a license to practice
their profession. This has led to unregulated care and unfortunate
outcomes for pets and their owners: in 2012, two healthy dogs were
accidentally strangulated while in a mobile grooming facility. 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, which
includes mobile groomers.

 PRIOR LEGISLATIVE HISTORY :

2016: S.5098-A - Referred to Consumer Protection / A.1451-B - 3rd
Reading Calendar.
2015: S.5098-A - Referred to Consumer Protection / A.1451-B - Referred
to Rules.
2014: A.415 - Referred to Economic Development.
2013: A.415 - Referred to Economic Development.
2012: A.239 - Referred to Economic Development.
2011: A.239 - Referred to Economic Development.

 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.

2017-S5146A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5146--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2017
                                ___________
 
 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  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.
 
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01080-03-7

 S. 5146--A                          2
 
   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.    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  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 LICENSED PET GROOMER WOULD BE REQUIRED TO BE ON PREMISES.
   §  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.
   §  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.
   § 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.

 S. 5146--A                          3
 
   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.
   §  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.
   §  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 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,

 S. 5146--A                          4
 
 OR  ORDINANCE  SHALL BE NO LESS STRINGENT THAN THE APPLICABLE PROVISIONS
 OF THIS ARTICLE.
   §  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.
   § 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.

2017-S5146B - Details

See Assembly Version of this Bill:: A284
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
2019-2020: S408, A225
2021-2022: S5688, A135
2023-2024: S4663

2017-S5146B - 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.

2017-S5146B - Sponsor Memo

                                
 
BILL NUMBER: S5146B          REVISED MEMO 01/25/2018

SPONSOR: LANZA
 
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 of article 29-CCC defines the terms to be used in the arti-
cle: "pet", "licensed 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 licensed 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 licenses. The secretary of state,
in cooperation with the Department of Agriculture and Markets, shall
establish a training program and testing procedures for pet grooming
applicants. The secretary of state shall create and maintain a roster of
licensees. The secretary of state shall issue a license to qualified
persons upon the payment of a forty dollar annual registration fee. A
licensed groomer must be on the premises at all times and 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 of article 29-CCC 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, the secretary of state shall notify in writing
the licensed pet groomer. Any action of the secretary of state shall be
subject to judicial review.

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 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 $500 for each
violation. Monies collected shall he retained by the local municipality.
Section 546 of article 29-CCC 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, pet groomers are not required to hold a license to practice
their profession. This has led to unregulated care and unfortunate
outcomes for pets and their owners: in 2012, two healthy dogs were acci-
dentally strangulated while in a mobile grooming facility. This bill is
intended to protect pets that have been brought to a groomer by requir-
ing groomers to meet certain qualifications and obtain a license. The
bill also specifies sanitary, health and safety standards that must he
met by pet groomers and pet grooming facilities, which includes mobile
groomers.

 
PRIOR LEGISLATIVE HISTORY:

2017: S.5146-A - Referred to Consumer Protection / A.284-A - Passed
Assembly
2016: S.5098-A - Referred to Consumer Protection / A.1451-B - Died on
Third Reading Calendar
2015: S.5098-A - Referred to Consumer Protection / A.1451-B Referred to
Ways & Means

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law; provided, however, that effective immediately the addi-
tion, 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.

2017-S5146B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5146--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2017
                                ___________
 
 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  --  recommitted  to  the  Committee  on
   Consumer  Protection  in  accordance  with  Senate  Rule  6, sec. 8 --
   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.
 
   § 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.
                                                            LBD01080-05-8

 S. 5146--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.    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  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 LICENSED PET GROOMER WOULD BE REQUIRED TO BE ON PREMISES.
   §  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 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  AGRICUL-
 TURE 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.
   § 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.
   §  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.

 S. 5146--B                          3
 
   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.
   §  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.
   §  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 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,

 S. 5146--B                          4
 
 OR  ORDINANCE  SHALL BE NO LESS STRINGENT THAN THE APPLICABLE PROVISIONS
 OF THIS ARTICLE.
   §  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.
   § 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.

2017-S5146C (ACTIVE) - Details

See Assembly Version of this Bill:: A284
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
2019-2020: S408, A225
2021-2022: S5688, A135
2023-2024: S4663

2017-S5146C (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.

2017-S5146C (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5146C

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:

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 5.5815, 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.

2017-S5146C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5146--C
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2017
                                ___________
 
 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  --  recommitted  to  the  Committee  on
   Consumer  Protection  in  accordance  with  Senate  Rule  6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01080-09-8

 S. 5146--C                          2
 
   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.
   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.

 S. 5146--C                          3
 
   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.
   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

 S. 5146--C                          4
 
 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  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; provided, however, that effective immediate-
 ly 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.

Senate Bill S5146C

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Senate Bill S5146C

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Sponsored By

Andrew J. Lanza

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

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