Requires certain businesses licensed to practice appearance enhancement, cosmetology, and/or barbering provide adequate handwashing facilities and such facilities are used between clients; requires gloves be provided.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5909
SPONSOR: Jackson TITLE OF BILL:
An act to amend the general business law, in relation to requiring
certain businesses licensed to practice appearance enhancement, cosme-
tology, and/or barbering provide adequate handwashing facilities and
such facilities are used between clients
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of the bill is to enforce appearance enhancement businesses
to incorporate handwashing facilities for staff and client use.
SUMMARY OF PROVISION:
Section 1: (a) Establishes sanitary rules that all appearance enhance-
ment businesses must incorporate. (b) Requires hand washing facility
standards to maintain an adequate level of basic hand washing essen-
tials. (c) Gloves used within appearance enhancement businesses must be
disposable and replaceable. This section also prohibits the use of steam
mixing valves or common towels at handwashing stations.
Section 2: makes the same requirements of the previous section for
barbershops
Section 3: Sets effective date
JUSTIFICATION:
Businesses licensed to provide appearance enhancement, cosmetology
and/or barbering services are required to maintain a close distance to
clients. Especially after the COVID-19 pandemic, it is necessary to
maintain proper hygiene between providing services to each client in
order to prevent the spread of transferable germs and illnesses. A lack
of adequate hygiene during cosmetic services and procedures may result
in contamination, infection or the transfer of illness. Inadequate hand
washing facilities and the failure to change gloves when necessary can
further increase the risk of these potential consequences. This bill
would ensure that businesses providing these services provide adequate
hand washing facilities and that employees wash their hands between each
client in order to protect the health of the New Yorkers utilizing these
services.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD.
EFFECTIVE
THIS ACT SHALL TAKE EFFECT ON THE ONE HUNDRED EIGHTIETH DAY AFTER IT
SHALL HAVE BECOME A LAW. EFFECTIVE IMMEDIATELY, THE ADDITION, AMENDMENT
AND/OR REPEAL OF ANY RULE OR REGULATION NECESSARY FOR THE IMPLEMENTATION
OF THIS ACT ON ITS EFFECTIVE DATE ARE AUTHORIZED TO BE MADE AND
COMPLETED' ON OR BEFORE SUCH EFFECTIVE DATE.
STATE OF NEW YORK
________________________________________________________________________
5909
2025-2026 Regular Sessions
IN ASSEMBLY
February 24, 2025
___________
Introduced by M. of A. JACKSON -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the general business law, in relation to requiring
certain businesses licensed to practice appearance enhancement, cosme-
tology, and/or barbering provide adequate handwashing facilities and
such facilities are used between clients
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 404-d to read as follows:
3 § 404-d. Sanitary rules. 1. All businesses licensed under this article
4 shall:
5 (a) be maintained and operated in accordance with the provisions of
6 the state sanitary code, except in the city of New York where the city
7 health code shall apply, and all licensees or persons employed or
8 engaged therein or in connection therewith shall comply with the
9 provisions of such rules.
10 (b) ensure adequate handwashing facilities are provided and maintained
11 and keep in good repair in or adjacent to toilet rooms. Such handwashing
12 facilities shall include: (i) running hot and cold or tempered potable
13 water; (ii) where self-closing or metering faucets are used, such
14 faucets provide a flow of water for at least fifteen seconds without
15 need to reactivate the faucet; (iii) steam mixing valves are prohib-
16 ited; (iv) in new construction or extensively altered installations, a
17 mixing valve or combination faucet with hot and cold or tempered water;
18 (v) hand cleaning soap or detergent with a sanitary storage receptacle;
19 (vi) individual single-service towels, warm air blowers or clean indi-
20 vidual sections of continuous cloth; (vii) waste receptacles; and (viii)
21 signage developed by the department in conjunction with the department
22 of health in English, Spanish, and Chinese which indicates that hand
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03424-01-5
A. 5909 2
1 washing is mandatory before returning to work. Such handwashing facili-
2 ties shall be used between clients.
3 (c) provide gloves approved by the department in conjunction with the
4 department of health to employees. Such gloves shall be discarded and
5 replaced when switching clients or when punctured, torn, or damaged.
6 2. No business licensed under this article shall have handwashing
7 facilities which use steam mixing valves or common towels.
8 § 2. Section 436 of the general business law, as amended by chapter
9 499 of the laws of 1961, is amended to read as follows:
10 § 436. Sanitary rules. 1. All barber shops shall:
11 (a) be maintained and operated in accordance with the provisions of
12 the state sanitary code, except in the city of New York where the city
13 health code shall apply, and all licensees or persons employed or
14 engaged therein or in connection therewith shall comply with the
15 provisions of such rules.
16 (b) ensure adequate handwashing facilities are provided and maintained
17 and keep in good repair in or adjacent to toilet rooms. Such handwashing
18 facilities shall include: (i) running hot and cold or tempered potable
19 water; (ii) where self-closing or metering faucets are used, such
20 faucets provide a flow of water for at least fifteen seconds without
21 need to reactivate the faucet; (iii) steam mixing valves are prohib-
22 ited; (iv) in new construction or extensively altered installations, a
23 mixing valve or combination faucet with hot and cold or tempered water;
24 (v) hand cleaning soap or detergent with a sanitary storage receptacle;
25 (vi) individual single-service towels, warm air blowers or clean indi-
26 vidual sections of continuous cloth; (vii) waste receptacles; and (viii)
27 signage developed by the department in conjunction with the department
28 of health in English, Spanish, and Chinese which indicates that hand
29 washing is mandatory before returning to work. Such handwashing facili-
30 ties shall be used between clients.
31 (c) provide gloves approved by the department in conjunction with the
32 department of health to employees. Such gloves shall be discarded and
33 replaced when switching clients or when punctured, torn, or damaged.
34 2. No barber shop shall have handwashing facilities which use steam
35 mixing valves or common towels.
36 § 3. This act shall take effect on the one hundred eightieth day after
37 it shall have become a law. Effective immediately, the addition, amend-
38 ment and/or repeal of any rule or regulation necessary for the implemen-
39 tation of this act on its effective date are authorized to be made and
40 completed on or before such effective date.
