Preliminary Draft Text
REGULATIONS GOVERNING THE SALE AND DISTRIBUTION OF GOODS AND ARTICLES MADE BY BLIND PERSONS
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
In implementing this policy, this chapter shall govern
and form the basis for enforcing the policy under §§
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
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.
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
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
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
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
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
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
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.