N.Y. General Business Law § 396-f: Sale of blind made products

§ 396-f. Sale of blind made products. (1) Declaration of policy and

statement of purpose. The protection of blind persons and organizations

established to aid blind persons in the sale of blind made products and

the prevention of misrepresentations in connection with the sale of

blind made products are declared to be a matter of state concern.

(2) Definitions. The following words or phrases, as used in this

section shall have the following meanings, unless the context otherwise

requires:

(a) "Blind" shall mean a person having central visual acuity not to

exceed 20/200 in the better eye, with correcting lenses, or visual

acuity greater than 20/200, but with a limitation in the field of

vision, such that the widest diameter of the visual field subtends an

angle no greater than twenty degrees.

(b) "Blind made products" shall mean the goods, wares and merchandise

in the manufacture of which not less than seventy-five per cent of the

total hours of direct labor is performed by a blind person or persons.

(c) "Manufacture" shall mean the preparation, processing and

assemblying of goods, wares or merchandise intended for resale and shall

include the manufacture of component materials.

(d) "Direct labor" shall mean all work required for the manufacture of

blind made products, but shall not include time spent in the

supervision, administration, inspection and shipping of such product,

nor shall it include work by blind persons consisting solely of the

packaging of goods, wares and merchandise not manufactured by blind

persons. However, nothing in this section shall preclude preferred bid

status for the value added portion of any product that has been in part

or solely packaged or assembled by blind or other severely handicapped

persons.

(e) "Commission" shall mean the New York State commission for the

visually handicapped.

(3) Registration requirement. Any person engaged in the manufacture or

distribution of blind made products shall apply to the commission on

forms provided by it for a registration and authorization to use an

official imprint, stamp, symbol or label, designed or approved by the

commission, to identify goods and articles as being blind made products.

The commission shall investigate each application, to assure that such

person is actually engaged in the manufacture or distribution of blind

made products. The commission may register, without investigation,

nonresident persons upon proof that they are recognized and approved by

the state of their residence or organization pursuant to a law of such

state imposing requirements substantially similar to those prescribed

pursuant to this section.

(4) Identification of blind made products. No goods or articles made

in this or any other state shall be displayed, advertised, offered for

sale or sold in this state upon a representation that the same are blind

made products unless the same are identified as such by label, imprint,

stamp or symbol designed or approved by the commission.

(5) Violations. Any person who shall willfully either:

(a) use or employ an imprint, stamp, symbol or label designed or

approved by the commission or an imitation thereof without having

registered with the commission or

(b) who shall directly or indirectly by any means represent that the

goods, wares or merchandise are blind made products when in fact such is

not the case, shall be guilty of a misdemeanor.