N.Y. General Business Law § 399-q: Use of carts, cases, trays, baskets, boxes and other containers

§ 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.