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Virginia Regulatory Town Hall

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Action:
Amend 22VAC45-30 to update agency name and align Admin Code to ...
Stage: NOIRA
 

CHAPTER 30
REGULATIONS GOVERNING THE SALE AND DISTRIBUTION OF GOODS AND ARTICLES MADE BY BLIND PERSONS

22VAC45-30-10. General.

It is the policy of the Commonwealth of Virginia through the Department for the Visually Handicapped Blind and Vision Impaired to assist blind persons and organizations established to aid blind persons in the sale of goods and articles which are the product of a blind craftsman'sthe labor of a person who is blind by providing a means of authenticating the source of such goods and articles and by preventing misrepresentation.

In implementing this policy, this chapter shall govern and form the basis for enforcing the policy under §§ 63.1-16751.5-101 through 51.5-105 of the Code of Virginia.

22VAC45-30-20. Application for registration and permit.

EveryA person, firm, or organization engaged in the manufacture, sale, or distribution in the Commonwealth of Virginia of any goods orand articles purporting or in any manner represented to have been made by a person who is blind persons shall apply to the Department for the Visually HandicappedBlind and Vision Impaired for registration and permit to use a label or symbol designed or approved by the department to identify such goods and articles as made by blind persons.

22VAC45-30-30. Application requirements.

Every suchThe application shall be made on forms prescribed by the department and shall disclose fully the identity and address of the applicant; and include a descriptive list of all goods and articles proposed to be manufactured, sold, or distributed by the applicant as "blind-made" products; and the proposed sale price of each such item.made by a person who is blind and that may be labeled as "Made by a person who is blind," EachThe applicant shall furnish any additional information requested by the department relevant to compliance by the applicant with the provisions of §51.5-60, including a medical eye report documenting that the person making the goods is a blind person as described in §51.5-60 of the Code of Virginia. This documentation shall be retained by the applicant for the duration the applicant wishes to sell the goods and shall be updated the earlier of every two years or when a significant change in the person's vision occurs.  Blind persons shall perform at least 75 percent of the labor to produce the product.

The department shall verify, or require verification of, all information submitted by the application; and to this end, may require the applicant to submit samples for examination and may cause its authorized representatives to visit the site of manufacture for inspection.

22VAC45-30-40. Product requirements.

No organization representing itself as established for the purpose of selling "blind-made" products made by persons who are blind exclusively shall carry in stock or sell any merchandise which is not made by blind personswhere less than 75 percent of the direct labor to produce the product was performed by persons who are blind and so identified. AnyAn organization violating this section shall be ineligible for registration and permit under §§ 63.1-16751.5-101 through 51.105 of the Code of Virginia. The registration and permit of an organization and issued a permit under said statute shall be suspended upon a violation of this section, and it may not be revalidatedreregistered as long as such violation continues.

22VAC45-30-50. Labeling.

No goods or articles made in this Commonwealth or elsewhere may be displayed, advertised, offered for sale, or sold in this Commonwealth upon the representation that the samethey are made by blind persons unless such goods or articles are identified as such by a label or symbol prescribed or approved by the department. The "Skilcraft" trademark registered by National Industries for the Blind is acceptable by the department as an approved identification.

All such goods shall be so labeled as to disclose the name of the manufacturer and the place of manufacture. Agencies manufacturing "Skilcraft" products approved by National Industries for the Blind may use the "shop identification code number" assigned by National Industries for the Blind in lieu of the name and address of the manufacturer.

22VAC45-30-60. Duration of registrations and permitsregistration.

AllA registrations and permitsregistration issued under §§ 63.1-16751.5-101 through 51.5-105 of the Code of Virginia and regulationsthis chapter shall be valid for one year only, but theyit may be renewed upon application in writing madesubmitted to the department not less than 60 days prior to theits expiration of such year. If an application for registration renewal is not madesubmitted at least 60 days prior to such expiration, the renewal may be withheld for 60 days following suchsubmission of the application.

22VAC45-30-70. Suspension of registration or permit.

Upon receipt of information indicating violation of any of the provisions of §§ 63.1-16751.5-101 through 51.5-105 of the Code of Virginia or of this chapter by anya person, firm, or organization registered and issued a permit, the department may suspend such registration and permit after giving such person, firm, or organization an opportunity, upon not less than 10 days' written notice in writing, to show cause why such registration and permit should not be suspended.

Unless and until such suspension is rescinded, the holder of the permitsuspended person, firm, or organization shall desist from the sale or distribution of any goods orand articles made or represented to be made by blind persons.

22VAC45-30-80. Soliciting prohibited.

The use of a permitUsing the registration issued pursuant to §§ 63.1-16751.5-101 through 51.5-105 of the Code of Virginia and this chapter as a means of soliciting contribution of money is expressly forbidden. The registration and permit of any person, firm, or organization found to be so soliciting contributions may be suspended by the department for not more than 90 days for an initial offense and indefinitely for a repeatedsubsequent offense.

22VAC45-30-90. Grounds for denying registration or permit.

Exploitation of the public by excessive prices, or by indicating or implying that anya goodsgood or articles arearticle is being sold on behalf of the department, or that the proceeds willshall accrue to blind peoplepersons who are blind, when suchit is not the casetrue, shall be grounds for denying registration and permit.

22VAC45-30-100. Profit-making statement.

There shall be writtenThe following statement shall appear on the face of every permita registration issued by the department to a business or organization that is essentially engaged in profit making the following statement: "This is a profit making enterprise."

22VAC45-30-110. Applicability of chapter.

This chapter shall not apply to a blind person who manufactures and sells products of his own labor only, nor to workshopsproduction facilities operated by the department, nor to the manufacturer of products for the Military Resale Program or other U.S. government sales made in accordance with the "Schedule of Blind-made Products" prepared by the General Services Administration, nor to any Lion's Club or other civic organization under a sales contract negotiated with the department for the sale of products manufactured by the workshops operated by the department.

Lions Clubs and other civic organizations engaging in the sale of "blind-made" products not produced by the workshops operated by the department shall comply with § 63.1-167 of the Code of Virginia and this chapter.

No distributor of goods at retail shall be required to register and obtain a permit for the sale of "blind-made" products if the manufacturer or wholesale distributor of such products has registered and obtained a permit pursuant to § 63.1-167 of the Code of Virginia and this chapter, and if such products are labeled and identified as required by § 63.1-167 of the Code of Virginia and this chapter.