Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 396-G
Sale of products processed by the blind
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 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.