NY Gen Bus L § 396-F (2021)
2021 New York Laws GBS - General Business Article 26 - 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.