Governor Phil Murphy (D) conditionally vetoed A4331 earlier this month. As previously reported, the bill would provide for licensed “cosmetic retail service establishments” as present law requires cosmetic retailers offering paid services to meet the same space requirements as a full-service salon. Under the measure, a limited cosmetic retail service establishment would be allowed one chair for every 750 square feet of retail space.
“Cosmetic retail services” that appropriately licensed professionals can offer in such establishments include: (1) applying cosmetic preparations, antiseptics, tonics, lotions, creams or makeup to the hair, scalp, face or neck; (2) massaging, cleansing or stimulating the face, neck or upper part of the body, with or without cosmetic preparations, either by hand, mechanical or electrical appliances; (3) removing superfluous hair from the face, neck, arms, legs or abdomen by the use of depilatories, waxing or tweezers. Governor Murphy stated, “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.”
Why this is important: The conditional veto returns the bill to the Assembly to consider adopting – or rejecting – the Governor’s recommendations. A4331 did not receive a dissenting vote in the either the Assembly or Senate prior to being sent to Governor Murphy. |
