§ 399-q. Use of carts, cases, trays, baskets, boxes and other containers. 1. As used in this section, the following terms shall have the following meanings given by this subdivision:

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

a. "Bakery basket". A wire or plastic container which holds bread or other baked goods and is used by a distributor or retailer, or his agent, as a means to transport, store or carry bakery products.

b. "Bakery tray". A wire or plastic container which holds bread or other baked goods and is used by a distributor or retailer, or his agent, as a means to transport, store or carry bakery products.

c. "Container". A bakery basket, bakery tray, dairy case, egg basket, poultry box, laundry cart or shopping cart.

d. "Dairy case". A wire or plastic container which holds sixteen quarts or more of beverage and is used by distributors or retailers, or their agents, as a means to transport, store or carry dairy products.

e. "Egg basket". Any permanent type of container which contains four dozen or more shell eggs and is used by distributors or retailers, or their agents, as a means to transport, store or carry eggs.

f. "Laundry cart". A basket which is mounted on wheels and used in a coin-operated laundry or dry cleaning establishment by a customer or an attendant for the purpose of transporting laundry and laundry supplies.

g. "Name or mark". Any permanently affixed or permanently stamped name or mark which is used for the purpose of identifying the owner of shopping carts, laundry carts, dairy cases, egg baskets, poultry boxes, bakery trays or bakery boxes.

h. "Parking area". A lot or other property provided by a retail establishment for the use of customers to park automobiles or other vehicles while doing business in that establishment.

i. "Poultry box". Any permanent type of container which is used by processors, distributors, retailers or food service establishments, or their agents, as a means to transport, store or carry poultry.

j. "Shopping cart". A basket which is mounted on wheels, or a similar device, generally used in a retail establishment by a customer for the purpose of transporting goods of any kind.

2. An owner of containers may adopt a name or mark to be permanently affixed to such containers. The secretary of state shall promulgate rules and regulations regulating the adoption, use and registration of a name or mark on containers.

3. It is unlawful to willingly or knowingly with the intent to deprive the owner of a container of possession:

a. remove a container from the premises or parking area of any retail establishment, or to be in possession of a container that has been removed from the premises or parking area of a retail establishment, if a container has the name or mark prominently displayed and permanently affixed to it that identifies the owner of the container, notifies the public that the unauthorized removal of the container from the premises or parking area, or the unathorized possession of the container, is a violation of state law, and lists a telephone number or address for returning the container to the owner; or

b. alter, deface, obliterate, destroy, cover up or otherwise remove or conceal a name or mark on a container, or be in possession of any container whose name or mark has been altered, defaced, obliterated, destroyed, covered up or otherwise removed or concealed, without the consent of the owner of the container.

4. The requiring, taking or accepting of any deposit, upon delivery of a container, shall not be deemed a sale thereof, optional or otherwise.

5. This section shall not apply to the owner of a container, or to any person having the consent of the owner of the container to remove it from the premises or the parking area of the retail establishment. For purposes of this section, "consent" shall include tokens or other indicia of consent which may be established by the owner of the container.

6. A knowing violation of this section shall be punishable by a civil penalty of not more than one hundred dollars. Each violation shall constitute a separate offense.