§ 396-G — Sale of products processed by the blind

§ 396-g. Sale of products processed by the blind. (1) Declaration of\npolicy and statement of purpose. To broaden the protection of blind\npersons and organizations established to aid blind persons so as to\ninclude products processed by the blind, as well as blind made products,\nand to prevent misrepresentation in connection with the sale of such\nproducts, and such broadened protection is declared to be a matter of\nstate concern.\n (2) Definitions. The following words or phrases, as used in this\nsection, shall have the following meaning, unless the context otherwise\nrequires.\n (a) "Blind" shall mean a person having central visual acuity not to\nexceed 20/200 in the better eye, with correcting lenses, or visual\nacuity greater than 20/200, but with a limitation in the field of\nvision, such that the widest diameter of the visual field subtends an\nangle no greater than twenty degrees.\n (b) "Processed" shall mean any singly identifiable process, capable of\nbeing certified by the commission as having been performed by the blind,\noccurring after the manufacture of a product and before its ultimate\npurchase by the consumer, including but not limited to packaging and\ninspection of a product.\n (c) "Commission" shall mean the New York State Commission for the\nvisually handicapped.\n (d) "Person" shall mean any person, firm, partnership, association or\ncorporation.\n (3) Registration requirement.\n (a) Any person engaged in the processing of products processed by the\nblind shall apply to the commission on forms provided by it for a\nregistration and authorization to use a statement approved by the\ncommission, to identify goods and articles as being processed in a\nparticular manner by the blind. The commission shall investigate each\napplication, to assure that such person is actually engaged in the\nprocessing by the blind in the particular manner as represented by said\nperson. The commission may register, without investigation, non-resident\npersons upon proof that they are recognized and approved by the state of\ntheir residence or organization pursuant to a law of such state imposing\nrequirements substantially similar to those prescribed pursuant to this\nsection.\n (b) To be eligible to register with the commission pursuant to\nparagraph (a) of this subdivision, a person who represents that blind\npersons are involved in a particular manner of processing must show that\nthe percentage of blind employees engaged in such processing satisfies\nthe percentage requirements established by the commission. However the\npercentage requirements by the commission shall not exceed the schedule\nof maximums as follows:\n until December 31, 1973 not to exceed 15%;\n until December 31, 1974 not to exceed 30%;\n until December 31, 1975 not to exceed 45%;\n until December 31, 1976 not to exceed 60%;\n and thereafter not to exceed 75%.\n The commission may establish a percentage less than the allowable\nmaximum, if it finds after study that such lower percentage will have\nthe effect of increasing the overall employment opportunities of blind\npersons.\n (4) Identification of products processed by the blind. No products\nprocessed in this or any other state shall be displayed, advertised, or\noffered for sale or sold in this state upon a representation that the\nsame are processed in a particular manner by the blind unless the same\nare identified by a written statement, the text of which is approved by\nthe commission.\n (5) Violations. Any person who shall willfully either:\n (a) use or employ a written statement, the text of which has been\napproved by the commission or an imitation thereof without having\nregistered with the commission or\n (b) affix to, or accompany with, the goods, wares or merchandise, any\nwritten statement representing that such items are processed by the\nblind when in fact such is not the case, shall be guilty of a\nmisdemeanor.\n (6) In addition to any other action authorized by law, the attorney\ngeneral may bring an action in the supreme court, in the name and in\nbehalf of the people of the state of New York to enjoin and restrain the\ncontinuance of any violation of this section or to cancel any\nregistration previously filed with the commission, whenever the attorney\ngeneral shall have reason to believe that a person, firm, partnership,\nassociation or corporation:\n (a) is operating in violation of the provisions of this section;\n (b) has refused or failed, after notice from the commission, to\nproduce any of its records;\n (c) is employing or about to employ in the sales promotion of its\ngoods or articles, any device, scheme or artifice to defraud based on\nfalse pretense, representation or promise;\n (d) has made a material false statement to the commission in an\napplication, registration or statement required to be filed.\n In connection with such proposed action, the attorney general is\nauthorized to take proof, issue subpoenas and administer oaths in the\nmanner provided in the civil practice law and rules.\n