New York § 396-F - 396-FSale of blind made products

§ 396-F. 396-FSale 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.