2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
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.