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New Jersey could be the first state to require licenses for pet groomers, a move that the legislature has been considering for years but that has taken on new urgency amid reports of animals dying at grooming businesses.

Assembly Bill 3044, more commonly called Bijou’s Law — named after a Shih Tzu that died at a PetSmart in 2012 — would establish the Pet Groomers Licensing Act and with it a list of new requirements for the pet-grooming and pet-boarding industry.

“The misnomer here is that everybody already thinks dog groomers are licensed, that’s the caveat,” said Rosemary Marchetto, Bijou’s owner and a frequent advocate of the pet groomer’s license. “Everybody, as soon as I tell them my story, the first thing they say is ‘oh, dog groomers aren’t licensed?’ So everybody’s under the assumption that they’re licensed.”

Supporters of licensing, like Marchetto, argue that the pet grooming business is too big to go unregulated. Opponents in the industry say they already meet standards set by trade groups and the certifications issued by those organizations should suffice. The Assembly approved A3044 on Oct. 29, 2018 in a 68-5 vote with two abstentions. It was then referred to the Senate Commerce Committee on Dec. 3, 2018 and is awaiting action there.

Exams and credentials

Americans love their pets. In 2018, pet owners spent an estimated $72.13 billion on their animal companions, according to the American Pet Products Association. That includes expenses such as medical supplies, pet food and veterinary care.

About 6,000 pet groomers work in New Jersey, a number provided by the New Jersey Professional Pet Groomers Association which the nonpartisan Office of Legislative Services cited in a November 2018 fiscal analyses.

But the nationwide pet-grooming industry is largely unregulated by the states. Colorado requires grooming facilities and private groomers to register with the state.

“This is not to say all pet groomers are not diligent in their work, but … when you’re looking at a [multi-billion dollar] business and it’s not regulated, it raises some concerns,” said Assemblywoman Valerie Vainieri Huttle, D-37th District. “We look at manicurists, we look at hair stylists, and they all seem to have some sort of licensure.”

A3044 calls for the creation of a nine-member “Board of Pet Groomers” within the Division of Consumer Affairs to handle oversight and credentials. Four of those members will be pet groomers and another two will be veterinarians.

The board would issue licenses, outline examination and continuing education requirements, and establish a directory of all pet grooming businesses in the state.

Groomers would have to be at least 18 years old, be “of good moral character” and pass whatever exams the board establishes. Licenses would have to be renewed every two years, and cost $75 for a first-time application and $50 for renewal.

Pet grooming businesses hoping to take on students and apprentices would need to obtain a “school license” from the board, and that board would in turn be tasked with developing a pet grooming curriculum.

A3044 includes carve-outs for people preparing animals for competitive events, such as dog or cat shows. The bill also includes exemptions for pet-grooming students, or non-students working under the direct supervision of a licensed pet groomer in preparation for an exam.

The pet groomer would have 10 days to file any incident report with the board in the event of an injury, illness, pet escape or death.

An incident, according to the legislation, would be “any event in which the skin of any pet or person is broken, a pet sustains an injury of any kind during the course of a grooming session, or a pet has an allergic reaction during the course of a grooming session.”

The legislation had been years in the making, having been first introduced by Huttle in 2014. Marchetto said the push for the pet groomer’s license could not have come soon enough.

“My problem with that is that if my bill would have passed sooner, perhaps some of those deaths could have been prevented,” Marchetto said.

The PetSmart cases

A 2018 investigation by NJ.com and The Star-Ledger found 47 cases of dogs dying either at a PetSmart or shortly after a visit to an outlet.

The report sparked renewed interest in beefing up the requirements for pet groomers. Many employees alleged inadequate training, and an emphasis on meeting high turnout and sales-quota expectations.

PetSmart, which operates roughly 1,600 locations across the U.S. including 48 in New Jersey, defended its track record.

“As a company of pet lovers who are dedicated to the health and happiness of all pets, we empathize with these grieving families,” the company said in a September 2018 statement. “Nevertheless, we are not aware of any evidence suggesting that PetSmart services caused the deaths of these pets.”

PetSmart disputed several aspects of the investigation, arguing that it had no record of some of the complaints mentioned in the report. PetSmart also pointed to pre-existing health conditions in many of the pets as the main cause of their demise.

In fact, many in the pet industry are either opposed to the legislation or seeking alterations to the bill. They are worried they could be found at fault for the death of a pet, or an emergency medical incident stemming from a pet’s unknown health condition.

“Due to the impact this legislation will have on pet owners and groomers alike, PetSmart believes a holistic and more effective licensing program should include additional amendments to address incident triggers, reporting and details regarding enforcement,” PetSmart President and CEO JK Symancyk said in a statement.

“Per the current wording regarding incidents, there’s no difference between a nicked cut, minor skin irritation, an allergic reaction possibly due to an allergy undisclosed to the groomer, a cut requiring veterinary attention, or something more serious. All of these injuries are put into the same category,” said Chris Anthony, a long-time pet groomer in New Jersey, at a Senate Commerce Committee hearing on Feb. 7.

“Was the skin irritation merely uncovered during the course of shaving down a matted pelt? Was the dog’s fur so matted due to owner neglect that those nicks happened in trying to remove this pelt safely?” Anthony added.

Many proponents of the legislation envision a “public-private partnership” to handle examination and continuing education, in that a professional organization, potentially the American Kennel Club according to Marchetto, would administer a state-approved exam, courses and training.

“The AKC believes that health and safety should always be primary considerations when grooming a dog,” the club said  in February 2019 statement on A3044. “In addition to other appropriate training, AKC recommends that professional groomers should pass a course and exam on basic health and safety … prior to being licensed as a professional groomer.”

‘Rigorous testing’

Several other international, nationwide and local professional pet-grooming associations could serve as an administrator.

For dogs, the National Dog Groomers Association of America, the International Society of Canine Cosmetologists and the International Professional Groomers are possibilities. The analogous organizations for cats include the National Cat Groomers Institute and the Professional Cat Groomers Association of America.

Each organization has its own certification and credential system, each of which brings with it legitimacy in the pet-grooming industry.

“They include very rigorous testing. There’s multiple written exams and multiple practical exams,” said Lynn Paolillo, a cat groomer and owner of the Hamilton-based Cat Naps Cattery. “All the people who are certified, we pour money, time and practice and our heart and soul into passing. That’s because they’re so rigorous.”

“If the state is going to require licensing, why can’t my certification count? Because they are seen throughout the industry as an industry standard,” added Paolillo, who attained the credential of certified feline master groomer within the NCGI.

Traci Wittenberg, the owner of Tracy’s Grooming Palace, who also testified at the Senate committee in early February, said she also spends a significant amount of time, money and energy on her craft.

“Many of my colleagues have the similar credentials. Certified groomers are skilled in their professions and abide by a code of ethics,” she said.

Huttle pointed to those kinds of caveats and complexities as the reason for the state to need a board with expertise on pet care and pet grooming.

“If they have been grooming for 20 years, they feel they don’t need to go back to school, they should be grandfathered in,” she said. “That is why we established an advisory committee.”