S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    135
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. PAULIN, COOK, ZEBROWSKI, L. ROSENTHAL, McDONOUGH,
   ABINANTI,  SEAWRIGHT,  VANEL, GOTTFRIED -- Multi-Sponsored by -- M. of
   A. DINOWITZ, PERRY -- read once  and  referred  to  the  Committee  on
   Economic Development

 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.
   2.  "REGISTERED  PET GROOMER" MEANS AN INDIVIDUAL, REGISTERED AS A PET
 GROOMER WHO BATHES, BRUSHES, DRIES, CLIPS OR STYLES A PET FOR  FINANCIAL
 REMUNERATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01797-01-1

 A. 135                              2
 
   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
 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

 A. 135                              3
 
 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.
   § 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

 A. 135                              4
 
 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,
 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-

 A. 135                              5
 
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.