Section 329.035

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 329

Effective - 28 Aug 2005   

  329.035.  Person employed in retail cosmetic sales, definition — board, rules, inspection. — 1.  For the purposes of this section, "person employed in retail cosmetic sales" means any person who assists customers to select cosmetics by allowing the customer to apply samples of demonstration cosmetics, assisting the customer to apply cosmetics, or applying the cosmetic to the customer.  There shall be no skin-to-skin contact between the salesperson and the customer.  Assisted cosmetic applications by the customer or the person employed in retail cosmetic sales shall be performed with single-use applicators, except for perfume or cologne, samples applied to the hand or the arm or dispensed from a tube, pump, spray or shaker container, or samples or applicators that have been cleansed before each use or application.  No person employed in retail cosmetic sales as provided in this section shall accept any remuneration from the customer for performing any of the acts described in this section or make such assistance or application conditioned on any sale.

  2.  A license as required under section 329.030 is not required for persons who are employed in retail cosmetic sales if such persons do not hold themselves out to have a license, permit, certificate of registration or any other authority authorizing such person to practice the professions licensed by the board.

  3.  The board may promulgate rules establishing minimum sanitation standards for persons employed in retail cosmetic sales, but such rules shall not require a sink at the cosmetic counter for a source and drainage of water or any other electrical sanitation equipment required in hairdressing or cosmetologist's or manicurist's shops licensed pursuant to this chapter.  The board may inspect retail cosmetic sales establishments to ensure compliance with this section and rules promulgated thereunder.

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(L. 1995 S.B. 292, A.L. 2005 S.B. 280)