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Industry News · Oct 25

California braiders: what the law actually says

California has exempted natural hair braiding from cosmetology licensing since 2000, but cutting, color, chemicals and washing still need a license. Here is the history, where the line sits, and the city, tax and booth rules that still apply.
Industry news

In California, you don't need a state cosmetology license to braid natural hair. That freedom has clear edges, and other business rules still apply.

What section 7316 says

Business and Professions Code section 7316 defines barbering, cosmetology and hairstyling. Subdivision (e) lists what they do not include: natural hair braiding, the mere sale, fitting or styling of wigs and hairpieces, and threading.

The law defines natural hair braiding as a service that results in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking or braiding, by hand or by mechanical device.

The exemption has limits. It applies only when the service does not include haircutting, or the application of dyes, reactive chemicals or other preparations that alter the color of the hair or straighten, curl or alter its structure.

Subdivision (f) closes the loop. Braiding combined with any barbering or cosmetology service is "natural hairstyling," and the person doing it must hold the matching barbering or cosmetology license.

The Board of Barbering and Cosmetology's FAQ agrees: braiding, threading and wig work "are not regulated by the Board."

How the law got here

According to a 2012 California Senate background paper on the Board, hairstyling was first regulated in 1930. A 1982 Attorney General opinion said African hair braiding was covered by cosmetology licensing.

In 1997, the Institute for Justice sued in federal court in San Diego on behalf of Dr. JoAnne Cornwell, creator of Sisterlocks, and other natural hair practitioners. At the time, a license required 1,600 hours of training at an approved cosmetology school plus an exam. The Institute for Justice notes that none of those classes taught braiding.

In 1999, the court ruled for the plaintiff in Cornwell v. Hamilton. The Senate paper says the court found the course and exam were not rationally related to the plaintiff's braiding. The Legislature then passed SB 235 (Haynes, Chapter 37, Statutes of 2000), which exempted hair braiding from licensure.

A separate law shaped the 2019-era conversation. The CROWN Act, SB 188 by Senator Holly Mitchell, was signed by Governor Gavin Newsom on July 3, 2019. It bars hair texture and hairstyle discrimination under the Fair Employment and Housing Act and the Education Code. It does not change who needs a license to braid.

Where the line sits

You do this License needed?
Braids, twists, locs, extensions, weaving No
Selling, fitting or styling wigs No
Braiding plus trimming or cutting Yes
Braiding plus color, relaxers or perms Yes
Shampooing a client as a service The Board says only a licensed barber, cosmetologist or apprentice can wash a consumer's hair

Shampooing and blow drying deserve a closer look. The Board's FAQ says it has no shampoo-only license and that only licensees can wash a consumer's hair. Section 7316 lists blow drying under hairstyling, and the 2012 Senate paper reported the Board's view that braiders who shampoo and blow dry fall under cosmetology. If washing or blow drying is part of your service, get an answer from the Board before you advertise it.

What still applies

City business license. The City of Riverside, for example, says all persons or companies doing business in the city must pay a business tax, and it names home-based businesses. Check your own city.

Home-based braiding. Many cities also regulate businesses run from a home. Moreno Valley requires a Home Occupation Permit plus a business license. Its rules limit signs, allow one non-resident employee at a time, ban selling or displaying merchandise on the premises, and expect residential-level traffic. Rules vary by city.

Selling products. The California Department of Tax and Fee Administration says anyone selling tangible goods in California, even temporarily, generally must register for a seller's permit and pay sales tax on taxable sales. Occasional sellers with no more than two sales in 12 months are generally exempt. If you sell gels, edge control or hair to clients, check whether this applies to you.

Renting a booth in a licensed salon. A booth renter cannot get their own establishment license. The Board issues one per address, to the owner. The Board's workers' rights brochure says booth renters typically set their own menu, collect their own payments, pay their own taxes and get their own city or county business permit. If a contract sets your hours, prices or products, the Board warns you could be considered an employee.

Sanitation. The Board doesn't inspect braiding-only services. Clean tools, clean stations and honest tension are on you.

How other states compare

California is in the majority. The Institute for Justice reports that 38 states completely exempt braiders from licensure, while 10 require a specialty braiding license, with training that ranges from several dozen to several hundred hours.

Your checklist

  • Keep services to braiding, twists, locs and extensions. Refer cuts, color, chemicals and washing to a licensed partner.
  • Get your city business license or business tax certificate.
  • Working from home? Ask your city about a home occupation permit.
  • Selling products? Register with CDTFA for a seller's permit.
  • Renting a booth? Get the terms in writing and keep your own business identity.
  • Traveling to braid? Check the other state's rules first.

THE BRAIDINGFEST ANGLE

No license required means no one checks your standards but you and your clients. That's why BraidingFest pushes for education, sanitation and continued training: standards are up to us as a community.

  • Know where your line is. If clients ask for a trim, color or a wash, refer them to a licensed partner.
  • Exempt from the Board is not exempt from your city. Business license first, then the chair.
  • Earn your badge. Client votes and verified reviews are how BraidingFest shows who holds the standard.

This is a summary of the law, not legal advice.

Sources: Barbering and Cosmetology Act (Bus. & Prof. Code section 7316), California Board of Barbering and Cosmetology · California Business and Professions Code section 7316 · Board of Barbering and Cosmetology FAQs · Board of Barbering and Cosmetology workers' rights brochure · California Senate background paper on the Board (2012) · Institute for Justice: California Hair Braiding · Institute for Justice: Natural Hair Braiding Opportunity and Freedom Act · CROWN Act (California) · City of Riverside Business Tax FAQ · City of Moreno Valley Home Occupation Packet · CDTFA Publication 107

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