2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 396-G - Sale of Products Processed by the Blind.

§  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.