N.Y. General Business Law § 396-g: Sale of products processed by the blind

§ 396-g. Sale of products processed by the blind. (1) Declaration of

policy and statement of purpose. To broaden the protection of blind

persons and organizations established to aid blind persons so as to

include products processed by the blind, as well as blind made products,

and to prevent misrepresentation in connection with the sale of such

products, and such broadened protection is declared to be a matter of

state concern.

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

section, shall have the following meaning, 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) "Processed" shall mean any singly identifiable process, capable of

being certified by the commission as having been performed by the blind,

occurring after the manufacture of a product and before its ultimate

purchase by the consumer, including but not limited to packaging and

inspection of a product.

(c) "Commission" shall mean the New York State Commission for the

visually handicapped.

(d) "Person" shall mean any person, firm, partnership, association or

corporation.

(3) Registration requirement.

(a) Any person engaged in the processing of products processed by the

blind shall apply to the commission on forms provided by it for a

registration and authorization to use a statement approved by the

commission, to identify goods and articles as being processed in a

particular manner by the blind. The commission shall investigate each

application, to assure that such person is actually engaged in the

processing by the blind in the particular manner as represented by said

person. The commission may register, without investigation, non-resident

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.

(b) To be eligible to register with the commission pursuant to

paragraph (a) of this subdivision, a person who represents that blind

persons are involved in a particular manner of processing must show that

the percentage of blind employees engaged in such processing satisfies

the percentage requirements established by the commission. However the

percentage requirements by the commission shall not exceed the schedule

of maximums as follows:

until December 31, 1973 not to exceed 15%;

until December 31, 1974 not to exceed 30%;

until December 31, 1975 not to exceed 45%;

until December 31, 1976 not to exceed 60%;

and thereafter not to exceed 75%.

The commission may establish a percentage less than the allowable

maximum, if it finds after study that such lower percentage will have

the effect of increasing the overall employment opportunities of blind

persons.

(4) Identification of products processed by the blind. No products

processed in this or any other state shall be displayed, advertised, or

offered for sale or sold in this state upon a representation that the

same are processed in a particular manner by the blind unless the same

are identified by a written statement, the text of which is approved by

the commission.

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

(a) use or employ a written statement, the text of which has been

approved by the commission or an imitation thereof without having

registered with the commission or

(b) affix to, or accompany with, the goods, wares or merchandise, any

written statement representing that such items are processed by the

blind when in fact such is not the case, shall be guilty of a

misdemeanor.

(6) In addition to any other action authorized by law, the attorney

general may bring an action in the supreme court, in the name and in

behalf of the people of the state of New York to enjoin and restrain the

continuance of any violation of this section or to cancel any

registration previously filed with the commission, whenever the attorney

general shall have reason to believe that a person, firm, partnership,

association or corporation:

(a) is operating in violation of the provisions of this section;

(b) has refused or failed, after notice from the commission, to

produce any of its records;

(c) is employing or about to employ in the sales promotion of its

goods or articles, any device, scheme or artifice to defraud based on

false pretense, representation or promise;

(d) has made a material false statement to the commission in an

application, registration or statement required to be filed.

In connection with such proposed action, the attorney general is

authorized to take proof, issue subpoenas and administer oaths in the

manner provided in the civil practice law and rules.