File #: Res 0535-2015    Version: * Name: Amending the General Business Law to authorize the NYC DOHMH to enforce State health and safety regulations against appearance enhancement establishments and to allow the Dept to create a letter grading system for these establishments.
Type: Resolution Status: Filed (End of Session)
Committee: Committee on Health
On agenda: 1/7/2015
Enactment date: Law number:
Title: Resolution calling upon the New York State Legislature to pass, and the Governor to sign, legislation amending the General Business Law to authorize the New York City Department of Health and Mental Hygiene to enforce State health and safety regulations against appearance enhancement establishments and to allow the Department to create a letter grading system for these establishments.
Sponsors: Rafael L. Espinal, Jr., Costa G. Constantinides, Andrew Cohen, Rory I. Lancman, Mark Levine, Ritchie J. Torres, David G. Greenfield, Vanessa L. Gibson, Helen K. Rosenthal, Andy L. King, Annabel Palma, (by request of the Bronx Borough President)
Council Member Sponsors: 12
Attachments: 1. Committee Report 5/1/15, 2. Hearing Testimony 5/1/15, 3. Hearing Transcript 5/1/15
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/31/2017*Rafael L. Espinal, Jr. City Council Filed (End of Session)  Action details Meeting details Not available
5/1/2015*Rafael L. Espinal, Jr. Committee on Consumer Affairs Laid Over by Committee  Action details Meeting details Not available
5/1/2015*Rafael L. Espinal, Jr. Committee on Consumer Affairs Hearing Held by Committee  Action details Meeting details Not available
5/1/2015*Rafael L. Espinal, Jr. Committee on Health Laid Over by Committee  Action details Meeting details Not available
5/1/2015*Rafael L. Espinal, Jr. Committee on Health Hearing Held by Committee  Action details Meeting details Not available
1/7/2015*Rafael L. Espinal, Jr. City Council Referred to Comm by Council  Action details Meeting details Not available
1/7/2015*Rafael L. Espinal, Jr. City Council Introduced by Council  Action details Meeting details Not available
Res. No. 535
 
 
Resolution calling upon the New York State Legislature to pass, and the Governor to sign, legislation amending the General Business Law to authorize the New York City Department of Health and Mental Hygiene to enforce State health and safety regulations against appearance enhancement establishments and to allow the Department to create a letter grading system for these establishments.
 
 
By Council Members Espinal, Constantinides, Cohen, Lancman, Levine, Torres, Greenfield, Gibson, Rosenthal, King and Palma (by request of Bronx Borough President)
 
      Whereas, New York State law authorizes the licensure of persons engaged in the practice of appearance enhancement which includes nail specialty, waxing, natural hair styling, esthetics and cosmetology as defined in the State General Business law; and  
      Whereas, The Secretary of State has promulgated rules for appearance enhancement businesses related to owner responsibility, hygienic practices, sanitary dress, sanitary facilities, and safety training; and      
      Whereas, According to the U.S. Bureau of Statistics, appearance enhancement is a high growth industry and New York State is home to the second largest number of appearance enhancement workers in the United States; and
      Whereas, There are growing health and safety concerns in the appearance enhancement industry, in particular, with respect to the toxic chemicals used in many beauty products and the danger of infections to costumers from insufficient sanitary practices; and
      Whereas, The most recent concern comes from  an advisory from the Occupational Safety and Health Administration warning of dangerously high levels of formaldehyde in many hair smoothing treatments; and
      Whereas, There are also concerns about exposures to the "toxic trio" (formaldehyde, dibutyl phthalate, and toluene) commonly found in many nail products; and
      Whereas, These health concerns apply to  both consumers and workers, particularly to pregnant women, as toluene has been linked to birth defects and was banned by the European Union; and
      Whereas, Concerns of infection resulting from manicures and pedicures have been raised by medical and health professionals, including the potential for serious fungal, viral and bacterial infections, such as MRSA and Hepatitis, if proper hygienic precautions are not taken; and  
      Whereas, The New York Department of State's brochure, "Consumer Guide To Beauty Salons and Spas," acknowledges the dangers from toxic chemicals and infection; and
      Whereas, According to the 2012 New York State Appearance Enhancement Advisory Meeting Summary, 11.5% of  the State's appearance enhancement establishments inspected over the previous four years received violations and of these, 56% were referred for discipline for serious violations; and
      Whereas, It is not clear that the State Department has a sufficient number of inspectors to address the thousands of hair and nail salons across the state; and
      Whereas, Authorizing the New York City  Department of Health and Mental Hygiene to enforce State regulations against appearance enhancement establishments would increase inspection and enforcement at the local level; and
      Whereas, Empowering the New York City Department of Health and Mental Hygiene to create a letter grading system for appearance enhancement establishments would help to educate otherwise unwitting consumers to make more deliberative and informed decisions; and
      Whereas, The City of New York is not responsible for inspecting businesses engaged in the practice of appearance enhancement for purposes of health and safety because the authority lies solely with the State; now, therefore, be it
      Resolved, That the Council of the City of New York calls upon the New York State Legislature to pass, and the Governor to sign, legislation amending the General Business Law to authorize the New York City Department of Health and Mental Hygiene to enforce State health and safety regulations against appearance enhancement establishments and to allow the Department to create a letter grading system for these establishments.
 
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LS# 3425
Date 11/14/14
Time 3:12pm
Initials I.M.