329.035. Person employed in retail cosmetic sales, definition--board, rules, inspection.
Person employed in retail cosmetic sales, definition--board, rules,inspection.
329.035. 1. For the purposes of this section, "person employed inretail cosmetic sales" means any person who assists customers to selectcosmetics by allowing the customer to apply samples of demonstrationcosmetics, assisting the customer to apply cosmetics, or applying thecosmetic to the customer. There shall be no skin-to-skin contact betweenthe salesperson and the customer. Assisted cosmetic applications by thecustomer or the person employed in retail cosmetic sales shall be performedwith single-use applicators, except for perfume or cologne, samples appliedto the hand or the arm or dispensed from a tube, pump, spray or shakercontainer, or samples or applicators that have been cleansed before eachuse or application. No person employed in retail cosmetic sales asprovided in this section shall accept any remuneration from the customerfor performing any of the acts described in this section or make suchassistance or application conditioned on any sale.
2. A license as required under section 329.030 is not required forpersons who are employed in retail cosmetic sales if such persons do nothold themselves out to have a license, permit, certificate of registrationor any other authority authorizing such person to practice the professionslicensed by the board.
3. The board may promulgate rules establishing minimum sanitationstandards for persons employed in retail cosmetic sales, but such rulesshall not require a sink at the cosmetic counter for a source and drainageof water or any other electrical sanitation equipment required inhairdressing or cosmetologist's or manicurist's shops licensed pursuant tothis chapter. The board may inspect retail cosmetic sales establishmentsto ensure compliance with this section and rules promulgated thereunder.
(L. 1995 S.B. 292, A.L. 2005 S.B. 280)