Chapter 139

2007 -- H 6134 SUBSTITUTE B

Enacted 06/28/07

 

A N A C T

RELATING TO CRIMINAL OFFENSES - GROCERY AND LAUNDRY CARTS, MILK CASES, EGG BASKET, AND BAKERY CONTAINERS

     

     Introduced By: Representatives Palumbo, Malik, and McNamara

     Date Introduced: March 08, 2007

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 11-41.1-1, 11-41.1-2, 11-41.1-3, 11-41.1-4, 11-41.1-5, 11-41.1-6,

11-41.1-9, 11-41.1-10, 11-41.1-11 and 11-41.1-13 of the General Laws in Chapter 11-41.1

entitled "Grocery and Laundry Carts, Milk Cases, Egg Baskets, and Bakery Containers" are

hereby amended to read as follows:

 

     11-41.1-1. Definitions. -- For the purpose of this chapter:

      (1) "Bakery container" means any permanent type of container which is used by a

bakery, distributor, retailer, or food service establishment or the agent of any of them as a means

to transport, store, or carry bakery products.

      (2) "Dairy case" means a wire or plastic container which holds 16 quarts or more of

beverages and is used by distributors, retailers, or their agents as a means to transport, store, or

carry dairy products.

      (3) "Dispenser case" means a plastic container which holds up to twenty-four (24) quarts

of beverage and is used by distributors, retailers, or their agents as a means to transport, store, or

carry dairy products for use in individual serving dispenser machines.

      (4) "Egg basket" means any permanent type of container which contains four (4) dozen

or more shell eggs and is used by distributors, retailers, or their agents as a means to transport,

store, or carry eggs.

      (5) "Laundry cart" means a basket which is mounted on wheels and used in a coin-

operated laundry or drycleaning establishment by a customer or an attendant for the purpose of

transporting laundry and laundry supplies.

      (6) "Name or mark" means any permanently affixed or permanently stamped name or

mark which has been registered with the secretary of state pursuant to section 11-41.1-2 and is

used for the purpose of identifying the registered owner of dairy cases, egg baskets, poultry

boxes, or bakery containers, or plastic bulk merchandise containers.

      (7) "Parking area" means 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.

     (8) "Plastic bulk merchandise container" means a plastic crate or shell used by a product

producer, distributor, or retailer, or an agent of the product producer, distributor, or retailer as a

means for the bulk transportation, storage or carrying of retail containers of milk, eggs, bakery, or

bottled beverage products.

     (8)(9) "Poultry box" means any permanent type of container which is used by processors,

distributors, retailers, food service establishments, or their agents as a means to transport, store, or

carry poultry.

      (9)(10) "Registered owner" means any person, firm, corporation, or association

registered with the secretary of state as the owner of an identifying name or mark described in

subdivisions (6) and (10) of this section.

      (10)(11) "Secretary" means the secretary of state.

      (11)(12) "Shopping cart" means 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.

 

     11-41.1-2. Shopping carts, laundry carts, dairy cases, dispenser cases, egg baskets,

bakery containers, and poultry boxes. -- Shopping carts, laundry carts, dairy cases,

dispenser cases, egg baskets, bakery containers, poultry boxes, and plastic bulk

merchandise containers. -- Any person, firm, corporation, or association owning shopping carts,

laundry carts, dairy cases, dispenser cases, egg baskets, bakery containers, or poultry boxes ,or

plastic bulk merchandise containers may register with the secretary of state a description of the

name or mark affixed or stamped on those cases, baskets, containers or boxes for identification

purposes. If the secretary of state determines that the name or mark is not a duplication of any

name or mark previously recorded in its files and does not so closely resemble any other recorded

name or mark as to be misleading or deceiving, the secretary of state shall register and record the

name or mark in a file to be provided and kept by the secretary of state for that purpose, along

with the name and address of the registering owner of the name or mark. If the secretary of state

determines that the name or mark so applied for is a duplication of any name or mark previously

recorded by the secretary of state or so closely resembles a name or mark as to be misleading or

deceiving, the application shall be denied and the applicant may register some other name or

mark in the manner described in this section.

 

     11-41.1-3. Illegal use of shopping carts, laundry carts, dairy cases, dispenser cases,

egg baskets, bakery containers, or poultry boxes. -- Illegal use of shopping carts, laundry

carts, dairy cases, dispenser cases, egg baskets, bakery containers, poultry boxes, or plastic

bulk merchandise containers. -- No person, firm, corporation, or association other than the

registered owner of the name or mark shall use for any purpose any container which is identified

with or by any name or mark registered with the secretary of state as provided by section 11-41.1-

2. No person, firm, corporation, or association shall deface, obliterate, destroy, cover up, or

otherwise remove or conceal any name or mark without the written consent of the registered

owner.

 

     11-41.1-4. Possession of shopping carts, laundry carts, dairy cases, dispenser cases,

egg baskets, bakery containers or poultry boxes. -- Possession of shopping carts, laundry

carts, dairy cases, dispenser cases, egg baskets, bakery containers, poultry boxes, or plastic

bulk merchandise containers. -- Any person who is in possession of any shopping cart, laundry

cart, dairy case, dispenser case, egg basket, bakery container, or poultry box ,or plastic bulk

merchandise container with a registered name or mark shall be presumed to be in possession of

stolen property and shall be guilty of larceny and punished as provided in section 11-41-5.

 

     11-41.1-5. Transportation of dairy cases, dispenser cases, egg baskets, bakery

containers, and poultry boxes -- Bill of lading. -- Transportation of shopping carts, dairy

cases, dispenser cases, egg baskets, bakery containers, poultry boxes, and plastic bulk

merchandise containers -- Bill of lading. -- It shall be unlawful for any common carrier or

private carrier for hire, except those engaged in the transporting of dairy products, eggs, poultry,

or bakery products to and from farms or bakeries where they are produced, to receive or transport

any container marked with a registered name or mark unless the carrier has in his or her

possession a bill of lading or invoice for the container.

 

     11-41.1-6. Unlawful removal of dairy cases, dispenser cases and bakery containers. -

Unlawful removal of shopping carts, dairy cases, dispenser cases, egg baskets, bakery

containers, and plastic bulk merchandise containers. -- It is a violation of this chapter for any

person not in lawful possession of a shopping cart, dairy case, dispenser case, or egg basket,

bakery container, or plastic bulk merchandise container to remove a shopping cart or dairy case or

dispenser case or egg basket or bakery container or plastic bulk merchandise container from the

premises, parking area, or any other area of any retail establishment, or from any dairy or bakery

delivery vehicle, if:

      (1) The shopping cart, dairy case, bakery container, or dispenser case, egg basket or

plastic bulk merchandise container is marked on at least two (2) sides with a registered name or

mark; and

      (2) A notice to the public, warning that use by any person other than the registered owner

is punishable by law, is visibly displayed on the dairy case.

 

     11-41.1-9. Unlawful removal of egg baskets and poultry boxes. -- Unlawful removal

of shopping carts, dairy cases, dispenser cases, egg baskets, poultry boxes, bakery

containers, and plastic bulk a shopping cart or dairy case or dispenser case or merchandise

containers. -- It is a violation of this chapter for any person not in lawful possession of an a

shopping cart or dairy case or dispenser case or egg basket or poultry box or bakery container ,or

plastic bulk merchandise container to remove an egg basket, or poultry box ,or plastic bulk

merchandise container from the premises, parking area or any other area of any processor,

distributor, retailer, or food service establishment.

 

     11-41.1-10. Illegal use of shopping carts and laundry carts. -- Illegal use of shopping

carts, laundry carts, dairy cases, dispenser cases, egg baskets, bakery containers and plastic

bulk merchandise containers. -- It is a violation of this chapter:

      (1) To remove any shopping cart, or laundry cart, dairy case, dispenser case, egg basket,

bakery container, or plastic bulk merchandise container from the premises or parking area of a

retail establishment with intent to temporarily or permanently deprive the owner of the cart, dairy

case, dispenser case, egg basket, bakery container, or plastic bulk merchandise container or the

retailer of possession of the cart, dairy case, dispenser case, egg basket, bakery container, or

plastic bulk merchandise container;

      (2) To remove a shopping cart, or laundry cart, dairy case, dispenser case, egg basket,

bakery container, or plastic bulk merchandise container without written authorization, from its

owner or from the premises or parking area of any retail establishment;

      (3) To remove, obliterate, or alter any serial number or sign affixed to a shopping cart or,

laundry cart, dairy case, dispenser case, egg basket, bakery container, or plastic bulk merchandise

container.

 

     11-41.1-11. Deposits. -- The requiring, taking, or accepting of any deposit upon delivery

of any dairy case, egg basket, poultry box, shopping cart, laundry cart, or bakery container,

dispenser case, or plastic bulk merchandise container shall not be deemed a sale of the case,

basket, box, cart, or container, optional or otherwise.

 

     11-41.1-13. Scope of chapter. -- This chapter shall not apply to the owner of a shopping

cart or laundry cart, or dairy case or egg basket or poultry box, or bakery container, dispenser

case, or plastic bulk merchandise container or to a retailer, or to their agents or employees, or to a

customer who has written consent from the owner of a shopping cart, laundry cart, dairy case,

dispenser case, egg basket, or poultry box, or bakery container or plastic bulk merchandise

container or from a retailer, to possess the cart, case, basket, or box bakery container ,or plastic

bulk merchandise container or to remove it from the premises or the parking area of the retail

establishment.

 

     SECTION 2. Chapter 11-41.1 of the General Laws entitled "Grocery and Laundry Carts,

Milk Cases, Egg Baskets, and Bakery Containers" is hereby amended by adding thereto the

following section:

 

     11-41.1-14. Purchase of plastic bulk merchandise containers for recycling,

shredding, or destruction - verification of seller's identity - proof of ownership record

Purchase of shopping carts, dairy cases, dispenser cases, egg baskets, bakery containers or

plastic bulk merchandise containers for recycling, shredding, or destruction - verification of

seller's identity - proof of ownership record. --

     (a) Any person or entity purchasing shopping carts, dairy cases, dispenser cases, egg

baskets, bakery containers or plastic bulk merchandise containers, who is in the business of

recycling, shredding, or destruction of shopping carts, dairy cases, dispenser cases, egg baskets,

bakery containers or plastic bulk merchandise containers shall obtain a proof of ownership record

from a person selling five (5) or more shopping carts, dairy cases, dispenser cases, egg baskets,

bakery containers or plastic bulk merchandise containers that shows that the person selling the

carts, cases, baskets, or containers has lawful possession or ownership of the carts, cases, baskets,

or containers, and shall also verify the seller's identity by a driver's license other government-

issued photo identification. The proof of ownership record shall include all of the following

information:

     (1) The name, address, telephone number, and signature of the seller or the seller's

authorized representative.

     (2) The name and address of the buyer or consignee if not sold.

     (3) A description of the product including number of units.

     (4) The date of the transaction.

     (b) The information required to be collected by this section shall be kept for one year

from the date of purchase or delivery, whichever is later.

 

     SECTION 3. This act shall take effect upon passage.

     

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LC02338/SUB B

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