Administrative Code

Virginia Administrative Code
Title 22. Social Services
Agency 45. Department for the Blind and Vision Impaired
9/23/2020

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 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's labor 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 § 63.1-167 of the Code of Virginia.

Statutory Authority

§§ 51.5-65 and 51.5-101 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 1, eff. February 1, 1967.

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

Every person, firm, or organization engaged in the manufacture, sale, or distribution in the Commonwealth of Virginia of any goods or articles purporting or in any manner represented to have been made by blind persons shall apply to the Department for the Visually Handicapped 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.

Statutory Authority

§§ 51.5-65 and 51.5-101 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 2, eff. February 1, 1967.

22VAC45-30-30. Application requirements.

Every such application shall be made on forms prescribed by the department and shall disclose fully the identity and address of the applicant; 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. Each applicant shall furnish any additional information requested by the department relevant to compliance by the applicant with the provisions of said statute.

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.

Statutory Authority

§§ 51.5-65 and 51.5-101 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 3, eff. February 1, 1967.

22VAC45-30-40. Product requirements.

No organization representing itself as established for the purpose of selling "blind-made" products exclusively shall carry in stock or sell any merchandise which is not made by blind persons and so identified. Any organization violating this section shall be ineligible for registration and permit under § 63.1-167 of the Code of Virginia. The registration and permit of any organization which has been registered and issued a permit under said statute shall be suspended upon violation of this section and may not be revalidated as long as such violation continues.

Statutory Authority

§§ 51.5-65 and 51.5-101 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 4, eff. February 1, 1967.

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 same 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.

Statutory Authority

§§ 51.5-65 and 51.5-101 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 5, eff. February 1, 1967.

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

All registrations and permits issued under § 63.1-167 of the Code of Virginia and regulations shall be valid for one year only, but they may be renewed upon application in writing made to the department not less than 60 days prior to the expiration of such year. If application for renewal is not made at least 60 days prior to such expiration, the renewal may be withheld for 60 days following such application.

Statutory Authority

§§ 51.5-65 and 51.5-101 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 6, eff. February 1, 1967.

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

Upon receipt of information indicating violation of any of the provisions of § 63.1-167 of the Code of Virginia or of this chapter by any 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' 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 permit shall desist from the sale or distribution of any goods or articles made or represented to be made by blind persons.

Statutory Authority

§§ 51.5-65 and 51.5-101 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 7, eff. February 1, 1967.

22VAC45-30-80. Soliciting prohibited.

The use of a permit issued pursuant to § 63.1-167 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 repeated offense.

Statutory Authority

§§ 51.5-65 and 51.5-101 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 8, eff. February 1, 1967.

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

Exploitation of the public by excessive prices, or by indicating or implying that any goods or articles are being sold on behalf of the department, or that the proceeds will accrue to blind people, when such is not the case, shall be grounds for denying registration and permit.

Statutory Authority

§§ 51.5-65 and 51.5-101 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 9, eff. February 1, 1967.

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

There shall be written on the face of every permit issued to a business organization essentially engaged in profit making the following statement: "This is a profit making enterprise."

Statutory Authority

§§ 51.5-65 and 51.5-101 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 10, eff. February 1, 1967.

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 workshops 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.

Statutory Authority

§§ 51.5-65 and 51.5-101 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 11, eff. February 1, 1967.



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