CHAPTER 169

An Act to amend the Code of Virginia by adding in Chapter 8 of Title
63 an article numbered 4, containing sections numbered 68-204.25
through 68-204.80, so as to promote and regulate the sale and dts-
tribution of goods and articles made by blind persons; providing a
penalty for violations. CH 549]

Approved March 15, 1966

Be it enacted by the General Assembly of Virginia: — :

1. That the Code of Virginia be amended by adding in Chapter 8 of
Title 63 an article numbered 4, containing sections numbered 63-204.25
through 68-204.80, as follows: ,

Article 4

§ 63-204.25. As used in this article: oo

(a) “Blind person” means a person whose vision in his better eye
with proper correction does not exceed 20/200 or who has a field defect in
his better eye with proper correction which contracts the peripheral field
so that the diameter of the visual field subtends an angle no greater than
twenty degrees.

(b) “Goods or articles made by blind persons” shall be construed to
mean goods or articles in the manufacture of which not less than seventy-
five per centum of the total hours of direct labor is performed by a blind
person or persons.

(c) “Direct labor’ means all work required for the preparation.
processing and assembling goods or articles including the packaging and
packing thereof, but not including time spent in the supervision, admin-
istration, inspection and shipping of such operations, or in the production
of component materials by other than blind persons.

§ 63-204.26. To facilitate ready and authoritative identification of
goods or articles made by blind persons, any person and any public
or private institution or agency, firm, association or corporation engaged
in the manufacture or distribution of goods or articles made by a blind
person or persons shall apply to the Commission for the Visually Handi-
capped for a registration and authorization to use an official imprint,
stamp, symbol or label, designed or approved by the Commission, to iden-
tify goods and articles as made by blind persons. Nothing in this article
shall authorize the identification of goods or articles as made by blind
persons when the direct labor performed by blind persons in connection
therewith shall consist solely of the packaging or packing thereof as dis-
tinguished from the preparation, processing or assembling of such goods
or articles; provided, that the contents of such package shall not contain
goods which are blind-made, and provided further that such package shall
not carry the label “packaged by the blind” or words of similar import.
The Commission shall investigate each application, under rules and regu-
lations it shall adopt for the administration of this article, to assure that
such person or organization is actually engaged in the manufacture or
distribution of blind-made goods or articles. The Commission may register,
without investigation, nonresident individuals and out-of-State agencies,
firms, associations or corporations upon proof that they are recognized and
by the State of their residence or organization pursuant to a law

such State imposing requirements substantially similar to those pre-

scribed pursuant to this article. All registrations shall be valid for one

hea from date of issue. Nothing in this article shall be deemed to pro-

ibit the offering for sale or sale by a blind person of an article or articles

made by such blind person without application for registration or to
require the labeling of such article or articles.

§ 63-204.27. No goods or articles made in this or any other State
may be displayed, advertised, offered for sale or sold in this State upon a
representation that the same are made by blind persons unless the same

are identified as such by label, imprint, stamp or symbol, and no such
goods or articles may be so identified unless at least seventy-five per
centum of the total hours of direct labor of producing such goods or:
articles shall have been performed by a blind person or persons.

§ 63-204.28. Any blind workman, or any public or private institution
or agency, corporation, firm or association, registered with the Commis-
sion pursuant to this article, engaged in the manufacture or distribution
of article of merchandise, made or manufactured by a blind person or

ns, shall imprint or stamp upon such articles of merchandise or
affix. thereto labels containing the words, “made by a blind workman or
made by the blind, or blind-made,” to which shall be added the name of
the manufacturer, ‘the place of manufacture and such other information
as the Commission may prescribe.

§$ 63-204.29. No person, association, or corporation engaged in the
sale of blind-made products may use the words “State”, “Commonwealth”,
or “Virginia” in its company or corporate title unless such person, associa-
of Viesis or corporation is actually an instrumentality of the Commonwealth

5 63 63-204. 80. Any person, firm, corporation, institution or associa-
tion, who (a) shall use or employ an imprint, stamp, symbol or label issued
or approved by the Commission for the Visually Handicapped or an imita-
tion thereof without having registered with the Commission, or (b) who
shall directly or indirectly by any means indicate or tend to indicate or
represent that the goods or articles were made by a blind person or persons
when in fact such goods or articles were not so made, or (c) who violates
any provision of § 63-204.29 shall be guilty of a misdemeanor.