aASSEMBLY BILL NO. 4331
(First Reprint)
To the General Assembly:
Pursuant to Article V, Section I, Paragraph 14 of the New Jersey Constitution, I am returning Assembly Bill No. 4331 (First Reprint) with my recommendations for reconsideration.
Assembly Bill No. 4331 (First Reprint) would create a “limited cosmetic retail service license” for cosmetic retailers who provide paid cosmetic and beauty services to consumers. The bill would require the State Board of Cosmetology and Hairstyling (“Board”) within the Division of Consumer Affairs (“DCA”) to issue a limited cosmetic retail service license to a cosmetic retail service establishment if the premises satisfies certain requirements, including having “a minimum of 750 square feet of floor space.” The license would allow a cosmetic retail service establishment to designate one workstation with a chair to perform cosmetic retail services for every 750 square feet of retail space that the shop occupies. Cosmetic retail services, according to the bill, would be limited to certain practices provided by a licensed skincare specialist such as applying makeup or creams to the face or neck, massaging or cleansing the face or neck with cosmetic preparations, and removing hair from the face or neck by depilatories, waxing, or tweezers. A licensed cosmetic retail service establishment that performs cosmetic retail services would be obligated to employ at least one licensed practicing professional that has at least three years of relevant experience, as required by law, to generally oversee and manage the shop.
I applaud the bill sponsors’ efforts to expand opportunities for licensed professionals to provide services to consumers in cosmetic retail establishments. The current standards that apply to businesses that wish to offer cosmetology or beauty-related services were originally developed to address full-serve salons where services like hair cutting, shampooing, and chemical hair treatments are performed. As a result, cosmetic retailers that seek to provide more limited services that often compliment retail sales, such as makeup and skincare-product application, are currently required to obtain a full shop license from the Board, which includes, among other things, meeting square-footage thresholds for designated areas within their establishments where those services will be provided. Assembly Bill No. 4331 (First Reprint) would address this issue by creating a new licensing category that relaxes the current standards for qualifying retail establishments, allowing them to employ more licensed professionals and provide consumers with more choices in deciding where to receive the services they offer.
While I support the goals of the bill, I also recognize that it is necessary to ensure that the law maintains appropriate standards to protect the health, safety, and welfare of consumers while expanding the availability of these more limited cosmetic retail services. Toward that end, I am recommending revisions to remove certain services that would be provided under this limited license that may implicate safety concerns, specifically the use of mechanical and electrical appliances and waxing services. My changes also remove the specific square footage requirements, allowing cosmetic retail service establishments of any size up to four workstations for cosmetic retail services so long as they are situated in proximity to one another. I am also recommending changes to better harmonize the definitional terms for “cosmetic retail service establishment” and “cosmetic retail services” to distinguish between the types of products an establishment may offer and the professional cosmetic services that licensed professionals in its employ may provide to consumers. These proposed revisions further retain the Board’s flexibility in engaging in rulemaking to implement additional standards as evolving circumstances may warrant.
Therefore, I herewith return Assembly Bill No. 4331 (First Reprint) and recommend that it be amended as follows:
Page 6, Section 1, Line_19: Delete “of at least 750 square feet,”
Page 6, Section 1, Lines_21-22: Delete “and which provides services”
Page 6, Section 1, Line_22: After “consumers” delete “to” and insert “, which products may”
Page 6, Section 1, Line_25: After “culture” insert “, and which provides cosmetic retail services to consumers”
Page 6, Section 1, Line_31: Delete “either”
Page 6, Section 1, Line_31: Delete “, mechanical or electrical appliances”
Page 6, Section 1, Line_33: Delete “, waxing”
Page 6, Section 1, Line_33: After “by” insert “waxing or”
Page 9, Section 6, Lines 41-42: Delete “one workstation with a chair” and insert “up to four workstations with chairs”
Page 9, Section 6, Lines 42-43: Delete “for every 750 square feet of retail space the establishment occupies” and insert “, provided that all of the workstations are situated in proximity to one another”
Page 9, Section 6, Lines_44-46: Delete in their entirety
Page 10, Section 6, Line 3: Insert “d. It shall be unlawful for: (1) a licensee to provide services beyond those within the definition of cosmetic retail services while on the premises of a cosmetic retail services establishment; and (2) a cosmetic retail establishment licensed by the board to permit any licensee to provide services beyond those within the definition of cosmetic retail establishment while on the premises of the cosmetic retail establishment.
e. The board may promulgate rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the provisions of this section.”
Respectfully,
[seal]
/s/ Philip D. Murphy
Governor
Attest:
/s/ Kate E. McDonnell
Chief Counsel to the Governor