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)
Structure Missouri Revised Statutes
Title XXII - Occupations and Professions
Chapter 329 - Cosmetologists, Hairdressers and Manicurists
Section 329.010 - Definitions.
Section 329.025 - Powers of the board, meetings — rulemaking authority.
Section 329.028 - Board of cosmetology and barber examiners fund created, use of moneys.
Section 329.030 - License required.
Section 329.032 - Exemption from requirements, when.
Section 329.033 - Duplicate license, issued when.
Section 329.034 - Shampooing — no license required, when.
Section 329.035 - Person employed in retail cosmetic sales, definition — board, rules, inspection.
Section 329.050 - Applicants for examination or licensure — qualifications — denial, when.
Section 329.060 - Individual license, application, fee, temporary license.
Section 329.070 - Registration of apprentices and students, fee, qualifications, application.
Section 329.080 - Instructor trainee license, qualifications, application, fee.
Section 329.085 - Instructor license, qualifications, fees, exceptions.
Section 329.090 - Admission to examination.
Section 329.100 - Conduct of examinations.
Section 329.110 - Board to issue license.
Section 329.120 - License, renewal, fee — reinstatement after expiration, fee.
Section 329.123 - Duplicate license issued, when.
Section 329.127 - Certification of licenses, or hours and grades, fee.
Section 329.130 - Reciprocity with other states, fee.
Section 329.140 - Denial, revocation or suspension of license, grounds for — discipline.
Section 329.170 - Emergency service.
Section 329.250 - Violation of law — penalty.
Section 329.255 - Violation of law — penalty.
Section 329.265 - Cosmetologists may be licensed as esthetician.
Section 329.275 - Hair braiding, registration requirements, fee — duties of board.