Administrative Code

Virginia Administrative Code
7/16/2024

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 Blind and Vision Impaired to assist persons who are blind and organizations established to aid persons who are blind in the sale of goods and articles that are the product of the 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 §§ 51.5-101 through 51.5-105 of the Code of Virginia.

Statutory Authority

§ 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 1, eff. February 1, 1967; amended, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

22VAC45-30-20. Application for registration .

A person, firm, or organization engaged in the manufacture, sale, or distribution in the Commonwealth of Virginia of any goods and articles purporting or in any manner represented to have been made by a person who is blind shall apply to the Department for the Blind and Vision Impaired (department) for registration 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 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 2, eff. February 1, 1967; amended, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

22VAC45-30-30. Application requirements.

The application shall disclose fully the identity and address of the applicant and include a descriptive list of goods and articles proposed to be made by a person who is blind and that may be labeled as "Made by a person who is blind." The applicant shall furnish additional information requested by the Department for the Blind and Vision Impaired (department) relevant to compliance by the applicant with the provisions of § 51.5-60 of the Code of Virginia, including a medical eye report documenting that the person making the goods is a blind person as described in § 51.5-60. 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. Persons who are blind shall perform at least 75% 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.

Statutory Authority

§ 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 3, eff. February 1, 1967; amended, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

22VAC45-30-40. Product requirements.

No organization representing itself as established for the purpose of selling products made by persons who are blind exclusively shall carry in stock or sell any merchandise where less than 75% of the direct labor to produce the product was performed by persons who are blind and so identified. An organization violating this section shall be ineligible for registration and permit under §§ 51.5-101 through 51.105 of the Code of Virginia. The registration of an organization shall be suspended upon a violation of this section, and it may not be reregistered as long as such violation continues.

Statutory Authority

§ 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 4, eff. February 1, 1967; amended, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

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 they are made by persons who are blind unless such goods or articles are identified as such by a label or symbol prescribed or approved by the Department for the Blind and Vision Impaired (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 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 5, eff. February 1, 1967; amended, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

22VAC45-30-60. Duration of  registration.

A registration issued under §§ 51.5-101 through 51.5-105 of the Code of Virginia and this chapter shall be valid for one year, but it may be renewed upon application in writing submitted to the Department for the Blind and Vision Impaired not less than 60 days prior to its expiration. If an application for registration renewal is not submitted at least 60 days prior to such expiration, the renewal may be withheld for 60 days following submission of the application.

Statutory Authority

§ 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 6, eff. February 1, 1967; amended, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

22VAC45-30-70. Suspension of registration .

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

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

Statutory Authority

§ 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 7, eff. February 1, 1967; amended, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

22VAC45-30-80. Soliciting prohibited.

Using the registration issued pursuant to §§ 51.5-101 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 of any person, firm, or organization found to be so soliciting contributions may be suspended by the Department for the Blind and Vision Impaired for not more than 90 days for an initial offense and indefinitely for a subsequent offense.

Statutory Authority

§ 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 8, eff. February 1, 1967; amended, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

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

Exploitation of the public by indicating or implying that a good or article is being sold on behalf of the Department for the Blind and Vision Impaired, or that the proceeds shall accrue to persons who are blind, when it is not true, shall be grounds for denying registration.

Statutory Authority

§ 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 9, eff. February 1, 1967; amended, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

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

The following statement shall appear on the face of a registration issued by the Department for the Blind and Vision Impaired to a business or organization that is essentially engaged in profit making: "This is a profit making enterprise."

Statutory Authority

§ 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 10, eff. February 1, 1967; amended, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

22VAC45-30-110. Applicability of chapter.

This chapter shall not apply to a person who is blind who manufactures and sells products of his own labor only, nor production facilities operated by the Department for the Blind and Vision Impaired.

Statutory Authority

§ 51.5-65 of the Code of Virginia.

Historical Notes

Derived from VR670-02-2 § 11, eff. February 1, 1967; amended, Virginia Register Volume 38, Issue 11, eff. February 16, 2022.

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