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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