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§ 19-308. Records relating to plastic secondary packaging

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, § 19-308
§ 19-308. Records relating to plastic secondary packaging
Currentness
Plastic secondary packaging defined
(a)(1) In this section, “plastic secondary packaging” means a plastic crate or shell used for the bulk transportation, storage, or carrying of retail items.
(2) “Plastic secondary packaging” includes milk crates, bakery and soft drink trays, and other commercial plastic secondary packaging.
Recycling, shredding, or destruction of items prohibited
(b) Other than a manufacturer of plastic secondary packaging, a person may not purchase four or more items of plastic secondary packaging for the purpose of recycling, shredding, or destroying the items.
Recordkeeping requirements
(c)(1) Each person that purchases an item of plastic secondary packaging, including a person that is in the business of recycling, shredding, or destroying plastic secondary packaging, shall make a written record of each transaction in which a person sells four or more items of plastic secondary packaging, that shows that the person selling the plastic secondary packaging has lawful possession or ownership of the plastic secondary packaging.
(2) For each transaction subject to paragraph (1) of this subsection, the purchaser shall:
(i) verify the seller's identity by a driver's license or other government-issued identification; and
(ii) make a record of each transaction that includes:
1. the name, address, telephone number, and signature of the seller or the seller's authorized representative;
2. the name and address of the purchaser;
3. the registration number and license tag number of any vehicle used in the delivery of the plastic secondary packaging;
4. a description of the items sold, including the number of units; and
5. the date of the transaction.
Retention of records
(d) The purchaser shall keep the records required by this section for at least 1 year after the date of purchase.
Fines and penalties
(e) A person that violates this section 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.

Credits

Added by Acts 2010, c. 7, § 1, eff. Oct. 1, 2010; Acts 2010, c. 8, § 1, eff. Oct. 1, 2010. Amended by Acts 2013, c. 146, § 1, eff. Oct. 1, 2013.
MD Code, Business Regulation, § 19-308, MD BUS REG § 19-308
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document