NY Gen Bus L § 399-Q (2021)
2021 New York Laws GBS - General Business Article 26 - Miscellaneous 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; orb. 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.