55-5a - Blind Products Sales

Title 55 > 55-5a

Sections (6)

55-5a-1 - Legislative purpose.

The purpose of this act is to further the policy of this state to prohibit the sale, distribution, exhibition, advertisement or marketing of any products or services which are falsely represented to be blind-made and to prohibit solicitations which give the false impression of helping or representing the blind of Utah.

55-5a-2 - Definitions.

As used in this chapter: 55-5a-2(1) “Blind” means an individual, or class of individuals, whose central acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees. 55-5a-2(2) “Direct labor” means work required for preparation, processing and packing, other than supervision, administration, inspection, or shipping. 55-5a-2(3) “Office” means the Utah State Office of Rehabilitation created in Section 35A-1-202.

55-5a-3 - Permit required to sell blind-made products or services or to make sales to help the blind and visually impaired.

55-5a-3(1) A person, group of persons, or organization may not by any means, sell, transfer, or otherwise dispose of goods, articles, or products to the public in this state that are labeled as made by the blind or sold as products of the blind without first securing a permit in writing from the office for each person selling or soliciting the sale of those goods, articles, or products. 55-5a-3(2) A person, group of persons, or organization may not conduct or engage in any business in this state, if the word “blind” is used to designate its product’s origin or manufacture or if it is used in such a manner as to indicate the services, goods, articles, or products that it provides are blind-made or provide help for the blind or visually impaired, unless a written permit is obtained from the office to do so. 55-5a-3(3) A person, group of persons, or organization may not conduct any of the activities designated in this section using a name, trade name, logo, or other identifying mark or name that implies that the person, group of persons, or organization using the name is affiliated with or sponsored by the state or any of its agencies or subdivisions, when the person, group of persons, or organization is not sponsored or supported by the state or one of its agencies or subdivisions.

55-5a-4 - Issuance of permits — Eligibility — Fee — Local license or permit.

55-5a-4(1) The office may adopt rules and regulations, prescribe procedures, adopt forms and applications, review applications for permits, and issue permits as required by Section 55-5a-3 subject to the following:

A product shall be considered “blind-made” if 75% or more of the direct labor hours required for its manufacture are provided by the blind. A person or organization shall be considered to be selling blind-made products if 60% or more of the wholesale cost of the seller’s average inventory of products is blind-made and the seller clearly differentiates by the use of labels or other markings between blind-made products and other products. Individuals or businesses are conducting sales by the blind if 75% or more of the direct labor hours in packaging, marketing, soliciting and making sales are provided by the blind. Upon receipt of appropriate documentation indicating qualification of a person or organization seeking a license under this act, the office shall issue permits for any one or combination of the following: sale of products manufactured by the blind; sale of blind-made products by the blind; or sale by the blind of products not made by the blind. No permit shall be issued by the office if the business name, trade name, or logo of the organization seeking the permit is similar to the name of or in any way implies an affiliation with or support of the state or one of its agencies or subdivisions if the organization is not so affiliated. 55-5a-4(2) A fee of not more than $5 shall be charged for the issuance and renewal of each permit that shall be valid for a period of one year unless earlier revoked for good cause shown. 55-5a-4(3) No political subdivision of this state shall issue a license or permit to sell blind-made goods, articles, or products unless the person applying for that license or permit has first obtained a valid permit issued by the office.

55-5a-5 - Application for permit — Investigation — Exception — Appeal of denial.

55-5a-5(1) The office shall investigate each application for a permit to ensure that the person, group of persons, or organization is actually engaged in the manufacture or distribution of goods, articles, or products made by blind persons within the meaning of this act. 55-5a-5(2) Notwithstanding Subsection (1), the office may issue permits without investigation to nonresident persons, groups of persons, or organizations upon proof that they are recognized and approved by the state in which they reside as authorized to sell such goods, articles, or products pursuant to a law of that state imposing requirements substantially similar to those prescribed by this act. 55-5a-5(3) Anyone denied a permit may appeal the decision of the office to the executive director of the Department of Workforce Services or the executive director’s designated agent.

55-5a-6 - Violations — Misdemeanor.

55-5a-6(1) The willful violation of this chapter by any officer, employee or agent of any political subdivision of this state, while acting in that capacity, is a class B misdemeanor. 55-5a-6(2) The violation of Section 55-5a-3 is a class B misdemeanor.