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Nail Salon Memo

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INTRODUCTION The Mayor of the City of Elizabeth has asked the City Attorney to look into nail salon regulations. This memo will address regulations the State of New Jersey has enacted in regards to nail salons and whether there is anything the City of Elizabeth can do to make sure that the appropriate protocols are being enforced.
ISSUE
Whether the City of Elizabeth can enact an ordinance to further strengthen state regulations on nail salons in New Jersey.
SHORT ANSWER Yes. The main objective of the City of Elizabeth is to protect the health, safety, and welfare of its residents. To achieve this goal, the City must administer the regulations that the State of New Jersey has set for nail salons. Furthermore, the City can apply stricter ordinances on enforcement, sanitation and product use to strengthen the regulations stated by the New Jersey Board of Cosmetology and Hairstyling.
DISCUSSION
In 1984, the State of New Jersey enacted the Cosmetology and Hairstyling Act which established new regulatory and licensing mechanisms for the practice of barbering, beauty culture, and cosmetology. N.J.S.A. 45:5B-1. With the authorization of the Act, the New Jersey State Board of Cosmetology and Hairstyling was created. Id. The board is given the power to distribute licenses to nail salons that …show more content…

N.J.A.C. 13:28-2.13 All licensed nail salons must contain: (1) at least one sink in the work area with hot and cold running water; (2) an area for disinfecting implements and tools; (3) an ultrasonic unit for cleaning metal implements and tools; (4) a clean, closed receptacle for storage of sanitized implements and tools at each work station; (5) a closed container for clean linens; (6) a closed container for soiled linens; (7) a closed waste container for each work station; and (8) dispensary or place where supplies are prepared and dispensed. N.J.A.C.

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