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.
Last modified: February 3, 2019