N.Y. GBS Law § 399-Q — New York Code / Act GBS / Article 26 / Section 399-Q
Use of carts, cases, trays, baskets, boxes and other containers
Status: in_force

§ 399-q. Use of carts, cases, trays, baskets, boxes and other\ncontainers. 1. As used in this section, the following terms shall have\nthe following meanings given by this subdivision:\n  a. "Bakery basket". A wire or plastic container which holds bread or\nother baked goods and is used by a distributor or retailer, or his\nagent, as a means to transport, store or carry bakery products.\n  b. "Bakery tray". A wire or plastic container which holds bread or\nother baked goods and is used by a distributor or retailer, or his\nagent, as a means to transport, store or carry bakery products.\n  c. "Container". A bakery basket, bakery tray, dairy case, egg basket,\npoultry box, laundry cart or shopping cart.\n  d. "Dairy case". A wire or plastic container which holds sixteen\nquarts or more of beverage and is used by distributors or retailers, or\ntheir agents, as a means to transport, store or carry dairy products.\n  e. "Egg basket". Any permanent type of container which contains four\ndozen or more shell eggs and is used by distributors or retailers, or\ntheir agents, as a means to transport, store or carry eggs.\n  f. "Laundry cart". A basket which is mounted on wheels and used in a\ncoin-operated laundry or dry cleaning establishment by a customer or an\nattendant for the purpose of transporting laundry and laundry supplies.\n  g. "Name or mark". Any permanently affixed or permanently stamped name\nor mark which is used for the purpose of identifying the owner of\nshopping carts, laundry carts, dairy cases, egg baskets, poultry boxes,\nbakery trays or bakery boxes.\n  h. "Parking area". A lot or other property provided by a retail\nestablishment for the use of customers to park automobiles or other\nvehicles while doing business in that establishment.\n  i. "Poultry box". Any permanent type of container which is used by\nprocessors, distributors, retailers or food service establishments, or\ntheir agents, as a means to transport, store or carry poultry.\n  j. "Shopping cart". A basket which is mounted on wheels, or a similar\ndevice, generally used in a retail establishment by a customer for the\npurpose of transporting goods of any kind.\n  2. An owner of containers may adopt a name or mark to be permanently\naffixed to such containers. The secretary of state shall promulgate\nrules and regulations regulating the adoption, use and registration of a\nname or mark on containers.\n  3. It is unlawful to willingly or knowingly with the intent to deprive\nthe owner of a container of possession:\n  a. remove a container from the premises or parking area of any retail\nestablishment, or to be in possession of a container that has been\nremoved from the premises or parking area of a retail establishment, if\na container has the name or mark prominently displayed and permanently\naffixed to it that identifies the owner of the container, notifies the\npublic that the unauthorized removal of the container from the premises\nor parking area, or the unathorized possession of the container, is a\nviolation of state law, and lists a telephone number or address for\nreturning the container to the owner; or\n  b. alter, deface, obliterate, destroy, cover up or otherwise remove or\nconceal a name or mark on a container, or be in possession of any\ncontainer whose name or mark has been altered, defaced, obliterated,\ndestroyed, covered up or otherwise removed or concealed, without the\nconsent of the owner of the container.\n  4. The requiring, taking or accepting of any deposit, upon delivery of\na container, shall not be deemed a sale thereof, optional or otherwise.\n  5. This section shall not apply to the owner of a container, or to any\nperson having the consent of the owner of the container to remove it\nfrom the premises or the parking area of the retail establishment.  For\npurposes of this section, "consent" shall include tokens or other\nindicia of consent which may be established by the owner of the\ncontainer.\n  6. A knowing violation of this section shall be punishable by a civil\npenalty of not more than one hundred dollars. Each violation shall\nconstitute a separate offense.\n