Code of Virginia

Code of Virginia
Title 51.5. Persons with Disabilities
5/29/2020

Chapter 12. Persons Who Are Blind and Vision Impaired.

Article 1. General Provisions.

§ 51.5-60. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Blind person" means a person who has central visual acuity of 20/200 or less in the better eye, as measured with best correction, or a limitation in the field of vision of the better eye, such that the widest diameter of the visual field subtends an angle of 20 degrees or less.

"Board" means the Board for the Blind and Vision Impaired.

"Business enterprise" means any business other than a vending stand.

"Commissioner" means the Commissioner of the Department for the Blind and Vision Impaired.

"Custodian" means any person or group of persons having the authority to grant permission for the installation and operation of vending stands and other business enterprises.

"Department" means the Department for the Blind and Vision Impaired.

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

"Goods or articles made by blind persons" means goods or articles in the manufacture of which not less than seventy-five percent of the total hours of direct labor is performed by a blind person or persons.

"Nominee" means any nonprofit corporation familiar with work for the blind and in the placement of the blind.

"Public and private buildings and other properties throughout the Commonwealth" means (i) buildings, land, or other property owned by or leased to the Commonwealth other than rights-of-way for interstate highways or (ii) buildings, land, or other property owned by or leased to a political subdivision, including a municipality, or a corporation or individual.

"Vending machine" means a coin or currency operated machine that dispenses articles or services, except that those machines operated by the United States Postal Service for the sale of postage stamps or other postal products and services, machines providing services of a recreational nature, and telephones shall not be considered to be vending machines.

"Vending stand" means an installation in any public or private building for the sale of newspapers, periodicals, confections, tobacco products, soft drinks, ice cream, wrapped foods and such other articles as may be approved by the custodian thereof and the Department.

Code 1950, §§ 63-204.1, 63-204.25; 1954, c. 71; 1966, c. 169; 1968, c. 578, §§ 63.1-142, 63.1-166; 1970, c. 50; 1980, c. 4, § 63.1-69.1; 1984, c. 498; 1985, c. 255; 1988, c. 126; 1990, c. 385, § 63.1-75.1; 1992, c. 755; 1993, c. 923; 2000, c. 498; 2002, c. 747; 2019, c. 88.

Article 2. Board for the Blind and Vision Impaired.

§ 51.5-61. Appointment, terms and qualifications of members of Board; eligibility for reappointment; quorum.

The Board for the Blind and Vision Impaired is continued. The Board shall consist of seven members who shall be appointed by the Governor for terms of four years. No person shall be eligible to serve more than two successive terms, provided that a person heretofore or hereafter appointed to fill a vacancy may serve two additional successive terms. Vacancies occurring on the Board shall be filled by the Governor for the unexpired term. All appointments hereunder shall be made without reference to party affiliations, but solely on account of the fitness of the appointees to discharge their duties as members of the Board. The membership of the Board, however, shall at all times include four persons who are blind. Four members of the Board shall constitute a quorum for the transaction of any lawful business. Annually, the Board shall elect one of its blind members as chairman, who shall preside at its meetings and shall have power to call meetings when he deems it advisable.

Code 1950, §§ 63-162, 63-163; 1954, c. 71; 1962, c. 161; 1966, c. 43; 1968, c. 578, §§ 63.1-68, 63.1-69; 1980, c. 4; 1984, c. 498; 1988, c. 125; 1995, c. 392; 2000, c. 498; 2002, c. 747.

§ 51.5-62. Powers and duties of Board; form of materials.

A. The Board shall exercise the following general powers and duties:

1. Advise the Governor, the Secretary of Health and Human Resources, the Commissioner, and the General Assembly on the delivery of public services to and the protection of the rights of persons with disabilities on matters relating to this title, and on such other matters as the Governor, Secretary, Commissioner, or the General Assembly may request; and

2. Review and comment on policies, budgets and requests for appropriations for the Department prior to their submission to the Secretary of Health and Human Resources and the Governor and on applications for federal funds.

B. Material submitted by the Commissioner for review and comment by the Board, when practicable, shall be in the medium or format suitable for review by each member of the Board.

1992, c. 755, § 63.1-68.1; 1995, c. 392; 2002, c. 747.

§ 51.5-63. Board to administer institutional fund.

The Board is authorized to create and hold an institutional fund for its exclusive use and purposes into which it may deposit the proceeds of any gift, grant, bequest, allotment, or devise of any nature received from private sources. Such fund shall be subject to the Uniform Prudent Management of Institutional Funds Act (§ 64.2-1100 et seq.). The fund and the income from such fund shall not be subject to the provisions of § 2.2-1802. The availability of such fund shall not be taken into consideration in, nor used to reduce, state appropriations or payments, but such funds shall be used in accordance with the wishes of the donors thereof to strengthen the services rendered to the blind and vision impaired of this Commonwealth.

Code 1950, § 63-167.1; 1966, c. 259; 1968, c. 578, § 63.1-74; 1980, c. 4; 1989, c. 267; 1992, c. 755; 2002, c. 747; 2008, c. 184.

Article 3. Department for the Blind and Vision Impaired.

§ 51.5-64. Commissioner of Department; personnel.

The supervision of the Department shall be the responsibility of the Commissioner of the Department under the direction and control of the Governor. The Commissioner shall be appointed by the Governor, subject to confirmation by the General Assembly, to serve at the pleasure of the Governor. The Commissioner of the Department shall employ such personnel as may be required to carry out the purposes of this chapter.

Code 1950, §§ 63-162, 63-163; 1954, c. 71; 1962, c. 161; 1966, c. 43; 1968, c. 578, §§ 63.1-68, 63.1-69; 1980, c. 4; 1984, c. 498; 1988, c. 125; 1995, c. 392; 2000, c. 498; 2002, c. 747.

§ 51.5-65. Functions, duties and powers of Commissioner.

In addition to the functions, duties and powers conferred and imposed upon the Commissioner by other provisions of law, he shall:

1. Ensure that the provisions of this chapter are properly administered;

2. Assist and cooperate with local authorities in the administration of this chapter;

3. Prescribe the form of applications, reports, affidavits and such other forms as shall be required in the administration of this chapter and the required schedule for submission thereof;

4. Cooperate with the federal Department of Education and other agencies of the United States in relation to matters set forth in this chapter; and

5. Adopt regulations to carry out the applicable provisions of this chapter.

Code 1950, § 63-178; 1968, c. 578, § 63.1-85; 1975, c. 524; 1980, c. 4; 1984, cc. 498, 781; 1992, c. 755; 2002, c. 747.

§ 51.5-66. Authority to receive grants-in-aid and gifts.

The Department is authorized to receive, for and on behalf of the Commonwealth and its subdivisions, from the United States and agencies thereof, and from any and all other sources, gifts and grants-in-aid, made for the purpose of providing, or to assist in providing, services to the blind or vision impaired, including expenses of administration.

The Department is designated as a state agency for the purpose of cooperating with the federal government in carrying out the provisions and purposes of federal laws providing for the vocational rehabilitation and other rehabilitation of eligible blind and vision impaired persons. The Department is authorized and directed to cooperate with the federal government in the administration of such laws of Congress; to prescribe and provide such courses of career and technical education and other services as may be necessary for the rehabilitation of blind and vision impaired persons and provided for the supervision of such training and services; and to direct the disbursement and administer the use of all funds provided by the federal government to this Commonwealth for the vocational rehabilitation and other rehabilitation of such persons. All such funds shall be paid into the state treasury.

Code 1950, §§ 63-167.1, 63-176; 1966, c. 259; 1968, c. 578, §§ 63.1-74, 63.1-83; 1975, c. 524; 1979, c. 130; 1980, c. 4; 1984, c. 781; 1989, c. 267; 1992, c. 755; 2002, c. 747.

§ 51.5-67. Donation of equipment.

The Department shall retain title to items of nonexpendable equipment purchased by the Department for individuals or groups of individuals, in accordance with this chapter and the federal Rehabilitation Act, while such equipment has an undepreciated monetary value. Once the equipment has reached a depreciated value of zero, the Department may donate the equipment to the individual or group of individuals then authorized to use it by the Department. The donation shall be consistent with the public purpose of promoting the rehabilitation of persons with disabilities. The Department, in concert with the Department of Accounts, shall establish criteria for depreciation of such equipment in accordance with generally accepted principles and maintain depreciation records. The Department shall report a donation pursuant to this section to the Division of Purchases and Supply and to the Auditor of Public Accounts. Nothing in this section shall be construed to excuse the Department from complying with § 2.2-1124 except for equipment donated pursuant to this section.

1989, c. 267, § 63.1-83.1; 2002, c. 747.

§ 51.5-68. Repealed.

§§ 51.5-68, 51.5-69. Repealed by Acts 2014, c. 572, cl. 2.

§ 51.5-70. Establishment of standards of personnel and service.

The Department shall, as to matters relating to rehabilitation of the blind or vision impaired, establish minimum standards of service and personnel based upon training, experience and general ability for the personnel employed by the Department and the Commissioner in the administration of this chapter and adopt necessary regulations to maintain such standards, including such regulations as may be embraced in the development of a system of personnel administration meeting requirements of the federal Department of Education.

Code 1950, § 63-172; 1968, c. 578, § 63.1-79; 1975, c. 524; 1980, c. 4; 1984, cc. 498, 781; 1992, c. 755; 2002, c. 747.

§ 51.5-71. State Rehabilitation Council for the Blind and Vision Impaired created.

The State Rehabilitation Council for the Blind and Vision Impaired is hereby created to provide advice to the Department for the Blind and Vision Impaired regarding vocational services provided pursuant to Title I and Title VI of the federal Rehabilitation Act. Membership and duties shall be constructed according to federal provisions.

1994, c. 81, § 63.1-70.1; 2000, c. 498; 2002, cc. 46, 747.

§ 51.5-72. Establishment of rehabilitative manufacturing and service industries; expenditures.

The Department may (i) establish, equip and maintain rehabilitative manufacturing and service industries for the employment of suitable blind persons, (ii) pay its employees suitable wages and contribute five percent of the creditable compensation of those employees who elect to participate in a before-tax payroll deduction to a tax deferred retirement savings plan established under the United States Internal Revenue Code for nonprofit agencies, and (iii) devise means for the sale and distribution of the products thereof. However, any expenditures made under §§ 51.5-63, 51.5-66, and 51.5-72 through 51.5-76 shall not exceed the annual appropriation or the amount received by way of bequest or donation during any one year, and no part of the funds appropriated by the Commonwealth for the purposes of §§ 51.5-63, 51.5-66, and 51.5-72 through 51.5-76 shall be used for solely charitable purposes.

Code 1950, § 63-167; 1968, c. 578, § 63.1-73; 1980, c. 4; 1990, c. 740; 1996, cc. 711, 731; 2002, c. 747; 2004, c. 13; 2014, c. 572; 2018, c. 184.

§ 51.5-72.1. The State Advisory Board for the Virginia Industries for the Blind.

A. The State Advisory Board for the Virginia Industries for the Blind (the Board) is established as an advisory board in the executive branch of state government. The purpose of the Board is to provide advice for creating opportunities in career development and employment-related services to blind and visually impaired individuals.

B. The Board shall consist of 12 nonlegislative citizen members appointed by the Board for the Blind and Vision Impaired as follows: (i) three persons who shall be blind persons or parents of blind persons; (ii) three representatives of human service agencies; and (iii) six persons who represent local business and manufacturing entities and other employees. Members shall be appointed for a term of three years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. All members may be reappointed. However, no member shall serve more than two consecutive three-year terms. The remainder of any term to which a member is appointed to fill a vacancy shall not constitute a term in determining the member's eligibility for reappointment. Vacancies shall be filled in the same manner as the original appointments.

C. The Board shall elect a chairman and vice-chairman from among its membership. A majority of the voting members shall constitute a quorum. The meetings of the Board shall be held at the call of the chairman or whenever the majority of the members so request.

D. Members shall not receive compensation for their service or travel expenses.

E. The Board shall have the following powers and duties:

1. Advise managers of the manufacturing plants on business trends, product development, contract opportunities, and other business matters;

2. Review and comment on fiscal and budgetary matters concerning the operations of the manufacturing and service industries; and

3. Perform such other advisory acts that are in accord with the purposes of this section.

F. The Department for the Blind and Vision Impaired shall provide staff support to the Board. All agencies of the Commonwealth shall provide assistance to the Board, upon request.

2004, c. 13.

§ 51.5-73. Rehabilitation Center for the Blind and Vision Impaired; operation and maintenance.

The Department shall have the authority and responsibility for the operation and maintenance of the Virginia Rehabilitation Center for the Blind and Vision Impaired for the purpose of providing services to eligible blind and vision impaired individuals.

1978, c. 143, § 63.1-73.1; 1980, c. 4; 1998, c. 112; 2000, c. 498; 2002, c. 747.

§ 51.5-74. Operation of library service for persons with disabilities; agreement with The Library of Virginia.

The Department is hereby authorized to maintain and operate a library service for persons who are blind, vision impaired, and disabled who are eligible for such services pursuant to the Pratt-Smoot Act (P.L. 89-522). Special materials that are provided through this program may include but are not limited to sound reproduction machines such as tape players and record players; talking book records; magnetic tapes; large print books; Braille books; book holders; page turners; captioned films for the deaf; and special electronic devices used as reading aids. The Department may enter into an agreement or agreements with The Library of Virginia for the purpose of receiving federal funds for the operation of this program.

Code 1950, § 63-167.2; 1968, c. 19, § 63.1-74.1; 1980, c. 4; 1992, c. 755; 1994, c. 64; 2002, c. 747.

§ 51.5-75. Use of earnings of rehabilitative manufacturing and service industries; record of receipts and expenditures.

In furtherance of the purposes of §§ 51.5-63, 51.5-66, and 51.5-72 through 51.5-76, the Department shall have authority to use any receipts or earnings that accrue from the operation of rehabilitative manufacturing and service industries as provided in such sections, but a detailed statement of receipts or earnings and expenditures shall be carefully kept.

Code 1950, § 63-168; 1968, c. 578, § 63.1-75; 1980, c. 4; 2002, c. 747; 2004, c. 58; 2014, c. 572; 2018, c. 184.

§ 51.5-76. Cooperation with other state agencies.

The Department shall cooperate with the State Board of Health and other state agencies in the adoption and enforcement of blindness prevention efforts.

Code 1950, § 63-166; 1968, c. 578, § 63.1-72; 1980, c. 4; 2002, c. 747.

§ 51.5-77. Cooperation with federal agencies.

The Department shall cooperate with the federal Department of Education and any other agencies of the United States, in any reasonable manner that may be necessary for this Commonwealth to qualify for and to receive grants or aid from such agencies for social services, rehabilitation, personal adjustment, library and education services to the blind or vision impaired in conformity with the provisions of this chapter, including the making of such reports in such form and containing such information as such agencies of the United States may require, and to comply with such provisions as such agencies of the United States may require to assure the correctness and verification of such reports.

Code 1950, § 63-174; 1968, c. 578, § 63.1-81; 1975, c. 524; 1980, c. 4; 1984, c. 781; 1992, c. 755; 2002, c. 747.

Article 4. Business Enterprises for the Blind.

§ 51.5-78. Operation by Department.

The Department is hereby authorized to operate vending stands and other business enterprises in public and private buildings for the purpose of providing blind persons with employment, enlarging the economic opportunities of the blind, and stimulating the blind to make themselves self-supporting.

Code 1950, § 63-204.2; 1968, c. 578, § 63.1-143; 2002, c. 747.

§ 51.5-79. Operation by blind persons.

Blind persons under the provisions of this article shall be authorized to operate vending stands and other business enterprises on any property where, in the discretion of the owner or custodian of the property, vending stands and other business enterprises may be properly and satisfactorily operated. No fee shall be charged to any blind person for operating a vending stand in or on any buildings, land or other property owned by or leased to the Commonwealth other than rights-of-way for interstate highways and property of community colleges; provided, however, that such blind vendors shall be responsible to the Commonwealth for the charges they incur for utilities.

Code 1950, § 63-204.3; 1968, c. 578, § 63.1-144; 1994, c. 906; 2002, c. 747.

§ 51.5-80. Contract with nominee to provide equipment and merchandise.

The Department may contract with any nominee to provide all necessary equipment and merchandise for the operation of the vending stand and business enterprise program in the rehabilitation of the blind.

Code 1950, § 63-204.4; 1968, c. 578, § 63.1-145; 2002, c. 747.

§ 51.5-81. Contract with nominee to furnish services.

The Department may contract with the nominee, as agent of the Department, to furnish services, including the purchase of vending stand and other business enterprise equipment and stock, the collection of the funds required to be set aside for the purposes specified in § 51.5-97 and the keeping of accounts.

Code 1950, § 63-204.5; 1968, c. 578, § 63.1-146; 2002, c. 747.

§ 51.5-82. Contracts with federal agencies for installation and supervision.

The Department may contract with agencies of the federal government for the installation and supervision of vending stands and business enterprises on federal property in this Commonwealth.

Code 1950, § 63-204.6; 1968, c. 578, § 63.1-147; 2002, c. 747.

§ 51.5-83. Surveys of business enterprise opportunities.

The Department shall make surveys of vending stand and other business enterprise opportunities for blind persons in public and private buildings and other properties throughout the Commonwealth.

Code 1950, § 63-204.7; 1968, c. 578, § 63.1-148; 2002, c. 747.

§ 51.5-84. Licensure of blind adult residents as operators.

The Department shall be the agency to license blind persons who are residents of the Commonwealth and who are at least eighteen years of age for the operation of vending stands and other business enterprises.

In licensing operators, the Department shall give preference to those blind persons who are in need of employment. Persons licensed shall be qualified to operate such vending stands and other business enterprises.

Code 1950, §§ 63-204.8, 63-204.11; 1968, c. 578, §§ 63.1-149, 63.1-152; 1972, c. 824; 1989, c. 314; 2002, c. 747.

§ 51.5-85. Selection of location and operator of enterprise; supervision.

The Department shall be the agency to select the location of the vending stand and other business enterprise, to select the operator, and to provide all necessary supervision of the operator and the vending stand and other business enterprise.

Code 1950, § 63-204.9; 1968, c. 578, § 63.1-150; 2002, c. 747.

§ 51.5-86. Other general duties of the Department.

The Department shall perform such other duties as may be necessary and proper to carry out the provisions of this article.

Code 1950, § 63-204.10; 1968, c. 578, § 63.1-151; 2002, c. 747.

§ 51.5-87. Revocation of privilege to operate enterprise.

All such privileges to operate vending stands and other business enterprises shall be revocable by the Department in accordance with departmental regulations.

Code 1950, § 63-204.12; 1968, c. 578, § 63.1-153; 1992, c. 755; 2002, c. 747.

§ 51.5-88. Selection of location and type of enterprise with approval of custodian.

The Department, with the approval of the custodian having charge of the property on which the vending stand and other business enterprise is to be located, shall select the location for such vending stand and other business enterprise and the type of vending stand and other business enterprise to be provided.

Code 1950, § 63-204.13; 1968, c. 578, § 63.1-154; 2002, c. 747.

§ 51.5-89. Placement of blind persons in vacancies by Department; vending stands in Capitol; regulations.

When any vending stand or other business enterprise operated in a public building becomes vacant or a vacancy is created through the construction or acquisition of new public buildings or renovation or expansion of existing public buildings, the existence of such vacancies shall be made known to the Department. The Department acting on behalf of the blind shall have first priority in assuming the operation of such vending stand or business enterprise through placement of a properly trained blind person in such vacancy. This section shall not apply to vending stands or other business enterprises operated in (i) local government buildings, (ii) the State Capitol, or (iii) the legislative office buildings that shall be subject to the control of the Rules Committee of the House of Delegates and the Rules Committee of the Senate. Notwithstanding the provisions of this section, any locality may, by ordinance or resolution, provide for the Department to have first priority in assuming the operation of any vending stand or business enterprise located in a local government building.

Code 1950, § 63-204.14; 1950, p. 6; 1968, c. 578, § 63.1-155; 1978, c. 497; 1979, c. 528; 1992, c. 755; 2002, c. 747; 2012, cc. 805, 836.

§ 51.5-90. Providing blind persons with equipment and merchandise.

The Department shall provide blind persons licensed under this article with such vending stand and other business enterprise equipment and a stock of suitable articles to be vended therefrom as may be necessary.

Code 1950, § 63-204.15; 1968, c. 578, § 63.1-156; 1989, c. 314; 2002, c. 747.

§ 51.5-91. Ownership of vending stands and other equipment.

The ownership of all vending stands and other business enterprise equipment provided under this article shall, however, remain in the Department, or in the nominee of the Department.

Code 1950, § 63-204.16; 1968, c. 578, § 63.1-157; 2002, c. 747.

§ 51.5-92. Reports by nominee.

The Department shall require the nominee to make such reports in such form and containing such information as the Department may from time to time require.

Code 1950, § 63-204.17; 1968, c. 578, § 63.1-158; 2002, c. 747.

§ 51.5-93. Requiring nominee to comply with provisions.

The Department shall require the nominee to comply with such provisions as the Department may from time to time find necessary.

Code 1950, § 63-204.18; 1968, c. 578, § 63.1-159; 2002, c. 747.

§ 51.5-94. Suspension of nominee; continued operation of program.

If the Department, after reasonable notice and opportunity for hearing to the nominee, finds that the nominee has failed to comply substantially with the provisions of this article or the regulations issued thereunder, it shall notify the nominee that its designation as nominee is suspended until the Department is satisfied that there will no longer be any such failure. Until the Department is so satisfied, or in the event the nominee shall cease to exist, the Department may make such provision as it deems proper for the continued operation of the program established under the provisions of this article.

Code 1950, § 63-204.19; 1968, c. 578, § 63.1-160; 2002, c. 747.

§ 51.5-95. Regulations for administration of article.

The Commissioner is authorized to adopt regulations for the administration of this article which shall, among other things, provide for the acquisition and disposition of the vending stand and other business enterprise equipment and other assets used in the operations pursuant to this article.

Code 1950, § 63-204.20; 1968, c. 578, § 63.1-161; 1992, c. 755; 2002, c. 747.

§ 51.5-96. Requiring performance of duties by officers and employees.

The Department may require of its officers and employees the performance of such duties to effectuate this article as it deems proper.

Code 1950, § 63-204.21; 1968, c. 578, § 63.1-162; 2002, c. 747.

§ 51.5-97. Funds set aside from proceeds of business enterprises.

The Department shall set aside or cause to be set aside from the net proceeds of the operations authorized by this article such funds as may be necessary for the purpose of (i) maintenance and replacement of equipment, (ii) purchase of new equipment, (iii) management services, (iv) assuring a fair minimum return to vendors and (v) the establishment and maintenance of retirement or pension funds, health insurance contributions and the provision for paid sick leave and vacation time in accordance with the Randolph-Sheppard Act Amendments of 1974 (P.L. 93-516).

Code 1950, § 63-204.22; 1968, c. 578, § 63.1-163; 1979, c. 96; 2002, c. 747.

§ 51.5-98. Exemption from taxation; collection and remittance of sales and meals taxes.

A. Except as hereinafter provided, the Department, its nominee, and blind persons operating vending stands or other business enterprises under the jurisdiction of the Department shall be exempt from all state and local taxes.

B. Notwithstanding the provisions of subsection A, blind persons operating vending stands or other business enterprises under the jurisdiction of the Department shall be liable for the collection and remittance of any state or local retail sales taxes imposed or authorized by Chapter 6 (§ 58.1-600 et seq.) of Title 58.1 and local meals taxes imposed or authorized by Chapter 38 (§ 58.1-3800 et seq.) of Title 58.1 that are actually collected or collectible from the purchaser unless the property on which such vending stands or other business enterprises are located has been acquired and used by the United States for any military or naval purpose within the Commonwealth and a post exchange or tax exempt concession is located and operated on such land, in which case such blind persons shall not be liable for the collection and remittance of such state or local retail sales tax or local meals tax.

C. Nothing in this section shall be construed to relieve any blind person operating vending stands or other business enterprises under the jurisdiction of the Department from the imposition of (i) local income taxes, (ii) state income taxes or (iii) other taxes imposed that are unrelated to the operation of such vending stands or other business enterprises.

Code 1950, § 63-204.23; 1968, c. 578, § 63.1-164; 1970, c. 198; 1989, c. 314; 2002, c. 747.

§ 51.5-99. Appeal.

Any person aggrieved by any act of the Department or of its agents or employees or of its nominee in the administration of this article may appeal such act in accordance with Article 5 (§ 2.2-4025 et seq.) of the Administrative Process Act.

Code 1950, § 63-204.24; 1968, c. 578, § 63.1-165; 1996, c. 573; 2002, c. 747.

§ 51.5-100. Operation of vending machines at rest areas on interstate highways.

A. The Department, in cooperation with the Department of Transportation, is authorized to operate vending machines at rest areas on the interstate highways in the Commonwealth and to use the net proceeds from such operations to establish and operate vending stands and other business enterprises as defined in Article 1 (§ 51.5-60 et seq.) and to provide health insurance for blind vendors.

B. The Department of General Services shall conduct the procurement process for contracts for goods or services authorized by the Department under subsection A, including (i) preparing the solicitation document that will be used, (ii) the evaluating of responses to the issued solicitation, and (iii) making the award decision on the basis of the final scoring of bids or proposals.

1990, c. 385, § 63.1-75.1; 1992, c. 755; 1993, c. 923; 2002, c. 747; 2016, c. 596.

Article 5. Sale of Goods Made by the Blind.

§ 51.5-101. Registration of manufacturers and distributors of goods made by blind persons; authorization to use official stamp, label, etc.

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 Department for a registration and authorization to use an official imprint, stamp, symbol or label, designed or approved by the Department, to identify 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 labor performed by blind persons in connection therewith shall consist solely of the packaging or packing thereof as distinguished from the preparation, processing or assembling of such goods or articles; nor shall any package the contents of which are not blind-made carry the label "packaged by the blind" or words of similar import. The Department shall investigate each application, under regulations 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 Department may register, without investigation, nonresident individuals and out-of-state agencies, firms, associations or corporations upon proof that they are recognized and approved by the state of their residence or organization pursuant to a law of such state imposing requirements substantially similar to those prescribed pursuant to this article. All registrations shall be valid for one year from date of issue. Nothing in this article shall be deemed to prohibit 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.

Code 1950, § 63-204.26; 1966, c. 169; 1968, c. 578, § 63.1-167; 2002, c. 747.

§ 51.5-102. Goods not to be represented as made by blind persons unless identified as such by label, stamp, etc.; what goods may be so identified.

No goods or articles made in this or any other state may be displayed, advertised, offered for sale or sold in this Commonwealth 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.

Code 1950, § 63-204.27; 1966, c. 169; 1968, c. 578, § 63.1-168; 2002, c. 747.

§ 51.5-103. How goods made by blind persons to be stamped or labeled.

Any blind workman, or any public or private institution or agency, corporation, firm or association, registered with the Department pursuant to this article, engaged in the manufacture or distribution of articles of merchandise, made or manufactured by a blind person or persons, 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 Department may prescribe.

Code 1950, § 63-204.28; 1966, c. 169; 1968, c. 578, § 63.1-169; 2002, c. 747.

§ 51.5-104. Use of words "State," "Commonwealth," or "Virginia.".

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, association, or corporation is actually an instrumentality of the Commonwealth.

Code 1950, § 63-204.29; 1966, c. 169; 1968, c. 578, § 63.1-170; 2002, c. 747.

§ 51.5-105. Certain acts declared misdemeanors.

Any person, firm, corporation, institution or association, who (i) shall use or employ an imprint, stamp, symbol or label issued or approved by the Department for the Blind and Vision Impaired or an imitation thereof without having registered with the Department, or (ii) 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 (iii) who violates any provision of § 51.5-104 shall be guilty of a misdemeanor.

Code 1950, § 63-204.30; 1966, c. 169; 1968, c. 578, § 63.1-171; 2002, c. 747.

The chapters of the acts of assembly referenced in the historical citation at the end of these sections may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.

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