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This entry was published on 2014-09-22
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SECTION 396-F
Sale of blind made products
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 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.