Section 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:
    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.