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§ 19-304. Prohibited acts; penalties

West's Annotated Code of MarylandBusiness RegulationEffective: October 1, 2013

West's Annotated Code of Maryland
Business Regulation (Refs & Annos)
Title 19. Miscellaneous State Business Regulation (Refs & Annos)
Subtitle 3. Returnable Containers and Returnable Textiles (Refs & Annos)
Effective: October 1, 2013
MD Code, Business Regulation, § 19-304
Formerly cited as MD CODE Art. 27, § 474; MD CODE Art. 27, § 477; MD CODE Art. 27, § 479
§ 19-304. Prohibited acts; penalties
Improper use of registered container
(a)(1) After the recordation, a person may not:
(i) use a registered returnable container of another with contents of a nature different from that delivered; or
(ii) sell, buy, rent, or otherwise traffic in a registered returnable textile of another.
(2) A person who violates this subsection:
(i) is guilty of a misdemeanor and on conviction is subject to:
1. for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000; and
2. for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both; and
(ii) shall forfeit to the rightful owner possession of the property involved in the violation.
Defacing identification
(b)(1) After the recordation, a person may not willfully deface, remove, conceal, or destroy an identifying name, mark, or device attached, impressed, or imprinted on a returnable container or returnable textile of another.
(2) A person who violates this subsection:
(i) is guilty of a misdemeanor and on conviction is subject to:
1. for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000; and
2. for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both; and
(ii) shall forfeit to the rightful owner possession of the property involved in the violation.
Damaging registered items
(c)(1) After the recordation, a person may not willfully break, destroy, or otherwise injure a returnable container or returnable textile of another.
(2) A person who violates this subsection:
(i) is guilty of a misdemeanor and on conviction is subject to:
1. for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000; and
2. for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both; and
(ii) shall forfeit to the rightful owner possession of the property involved in the violation.
Improper transfer
(d)(1) After the recordation, a person may not buy, offer for sale, sell, use, give, receive, hire, rent, lend, transport, collect from ash or garbage receptacles, dumps, or premises, keep in stock or store, or dispose of a returnable container or returnable textile of another without an assignment from or the written consent of the registered owner.
(2) A person who violates this subsection:
(i) is guilty of a misdemeanor and on conviction is subject to:
1. for each first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000; and
2. for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both; and
(ii) shall forfeit to the rightful owner possession of the property involved in the violation.
Improper registration
(e) A person may not adopt and register under this subtitle a returnable container or returnable textiles, or a description, name, mark or device, that:
(1) has been previously registered by another; or
(2) is in use by another in good faith.
Failure to surrender to proper custodian
(f)(1) A person who receives a registered returnable container or registered returnable textile may not fail on demand to surrender promptly the container or textile to the person from whom the container or textile was received.
(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to:
(i) for each first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000; and
(ii) for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.
Failure to clean after contact with a dairy product
(g)(1) A person who receives a registered returnable container that has come into immediate contact with a dairy product shall thoroughly clean the inside of the container immediately after emptying the contents.
(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $500.

Credits

Added by Acts 2002, c. 26, § 4, eff. Oct. 1, 2002. Amended by Acts 2013, c. 146, § 1, eff. Oct. 1, 2013.
Formerly Art. 27, §§ 474, 477, 479.
MD Code, Business Regulation, § 19-304, MD BUS REG § 19-304
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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