S T A T E   O F   N E W   Y O R K
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                                  225--A
                                                         Cal. No. 316
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. PAULIN, COOK, ZEBROWSKI, McDONOUGH, L. ROSENTHAL,
   ABINANTI,  SEAWRIGHT, VANEL, ORTIZ, GOTTFRIED -- Multi-Sponsored by --
   M. of A.  DINOWITZ, PERRY -- read once and referred to  the  Committee
   on  Economic  Development -- reported and referred to the Committee on
   Codes -- reported and referred to the Committee on Ways and  Means  --
   reported  from  committee,  advanced  to  a third reading, amended and
   ordered reprinted, retaining its place on the order of third reading
 
 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.
                                                            LBD00600-05-9

 A. 225--A                           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 FACILITIES, WHERE A PET MAY BE  BATHED,
 DRIED,  BRUSHED,  CLIPPED  OR STYLED, AND (I) PET GROOMING IS THE ESTAB-
 LISHMENT'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 DEMONSTRAT-
 ING  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. FOR PURPOSES OF THIS SECTION,
 LOCATIONS USED FOR TEMPORARY EVENTS, SUCH AS PET SHOWS AND  EXHIBITIONS,
 ARE  NOT  CONSIDERED  A  PET  GROOMING FACILITY. FURTHER, A PET GROOMING
 FACILITY SHALL NOT INCLUDE A HOME-BASED BREEDER AS DEFINED BY  PARAGRAPH
 (A)  OF  SUBDIVISION FOUR OF SECTION FOUR HUNDRED OF THE AGRICULTURE AND
 MARKETS LAW.
   § 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  UNACCOMPANIED  WHILE  RESTRAINED  OR  UNRES-
 TRAINED ON A GROOMING 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 PET GROOMING FACILITY WHERE PETS ARE  GROOMED  SHALL  DISPLAY
 CONTACT  INFORMATION  FOR  THE  SECRETARY  OF  STATE AND A COPY OF THEIR
 CERTIFICATE OF REGISTRATION AS REQUIRED BY SECTION FIVE  HUNDRED  FORTY-
 TWO OF THIS ARTICLE.
   §  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.
 FURTHER,  EACH PET GROOMING FACILITY SHALL REQUEST FROM PET OWNERS PROOF
 OF ANNUAL VACCINATIONS AND A RECORD OF ANY KNOWN MEDICAL ISSUES,  CONDI-
 TIONS OR INJURIES FOR EACH PET GROOMED.
   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 FACILITY 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  FOR  APPLICANTS INTERESTED IN OBTAINING SUCH REGISTRATION.  THE

 A. 225--A                           3
 
 OBJECTIVES OF THE TRAINING SHALL BE TO ENSURE THE APPLICANTS HAVE SUFFI-
 CIENT SKILLS TO SAFEGUARD THE HEALTH  AND  SAFETY  OF  THE  ANIMAL.  THE
 TRAINING  SHALL  BE  AVAILABLE  THROUGH AN EDUCATIONAL COURSE OR PROGRAM
 DEVELOPED  BY  THE  DEPARTMENT  AND/OR OFFERED THROUGH A GROOMER CERTIF-
 ICATION SCHOOL, ORGANIZATION OR  PROGRAM  APPROVED  BY  THE  DEPARTMENT.
 SUCH  EDUCATIONAL  TRAINING  PROGRAMS  OR  COURSES  SHALL, AT A MINIMUM,
 INCLUDE BASIC HEALTH, SAFETY, ANIMAL FIRST AID,  BEST  SANITATION  PRAC-
 TICES  AND  GENERAL  CARE AND GROOMING FOR ANIMALS.  SUCH TRAINING SHALL
 ALSO BE AVAILABLE ONLINE BY THE STATE OR AN ORGANIZATION APPROVED BY THE
 SECRETARY OF STATE.
   3. THE SECRETARY OF STATE SHALL CREATE AND MAINTAIN AN  ONLINE  ROSTER
 OF  REGISTRANTS.  SUCH RECORD SHALL INCLUDE DISCIPLINARY ACTION, SUSPEN-
 SION OF REGISTRATION AND REVOCATION.
   4. NO INDIVIDUAL SHALL BE PERMITTED  TO  REGISTER  AS  A  PET  GROOMER
 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  RECEIVED  A  CERTIFICATE,  THEN  THE
 SECRETARY OF STATE SHALL ISSUE SUCH APPLICANT A CERTIFICATE OF REGISTRA-
 TION  AS  A REGISTERED PET GROOMER UPON PAYMENT OF A FORTY DOLLAR ANNUAL
 REGISTRATION FEE. AT MINIMUM, EACH REGISTRANT SHALL PROVIDE:
   (I) THE NAME OF THE PET GROOMING FACILITY;
   (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 AN
 ORGANIZATION INSTRUCTION  IN  PET  GROOMING;  OR  (2)  HAS  SUCCESSFULLY
 COMPLETED  A  GROOMING  CERTIFICATION  COURSE THROUGH A PROFESSIONAL PET
 GROOMERS AND STYLISTS 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 FACILITY;
   (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 FACILITY 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 ACTIVELY GROOMED. THE GROOMING FACILITY SHALL
 DISPLAY IN A CONSPICUOUS PLACE  IN  SUCH  FACILITY  THE  CERTIFICATE  OF
 REGISTRATION.

 A. 225--A                           4
 
   §  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
 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  FACILITY  OR
 PET  GROOMER  WHOSE  CERTIFICATE  OF REGISTRATION IS REVOKED, DENIED, OR
 SUSPENDED MAY REAPPLY AFTER RE-TAKING A TRAINING COURSE AS  APPROVED  BY
 THE  DEPARTMENT  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 OR IF A COMPLAINT WARRANTS  SUCH  INSPECTION.    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,

 A. 225--A                           5
 
 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.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.