WILLIAM DONALD SCHAEFER, Governor

Ch. 747

WHO HAS RECEIVED THE CONTAINERS WITH BAKERY PRODUCTS OF THE OWNER
OF THE CONTAINERS AND HAS NOT RETAINED THE CONTAINERS FOR THE
PERSON'S OWN USE, SHALL BE PRIMA FACIE EVIDENCE THAT THE PERSON
IS GUILTY OF THE OFFENSES CHARGED.

478.

A returnable container as used in this subtitle is hereby
defined to be any device made of any material whatsoever, used
for the purpose of holding, containing or converting into a
package, goods, wares or merchandise, or packages thereof, either
of necessity or for convenience of delivery or sale, INCLUDING
BASKETS, TRAYS AND ANY OTHER TYPE OF CONTAINER WHICH IS USED BY A
BAKERY, DISTRIBUTER DISTRIBUTOR, RETAILER, FOOD SERVICE
ESTABLISHMENT, OR ITS AGENT TO TRANSPORT, STORE, OR CARRY BAKERY
PRODUCTS, and which container is, by its very nature, susceptible
of repeated use for such purpose, and the title to which
container the vendor does not intend to pass with the sale of the
contents; or any bag, box, basket or any other device made of any
material whatsoever, used for the purpose of holding or
containing any article, material or thing being sent, conveyed or
transported to any laundry, dry cleaning or dyeing establishment
to be washed, laundered, dry cleaned or dyed, or holding or
containing any such article, material or thing being returned to
the person, partnership or body corporate entitled to the return
thereof, and which container is by its very nature susceptible of
or intended for repeated use for such purposes, and the title to
which the owner thereof does not intend to pass by its use as
aforesaid; and for the purpose of this subtitle requiring, taking
or accepting of any deposit for any purpose upon any registered
returnable container shall not be deemed to constitute a sale of
such container, whether optional, conditional or otherwise, in
any proceeding had under this subtitle.

480A.

(A) THE OWNER OF BAKERY TRAYS, BASKETS, AND ANY OTHER TYPE
OF BAKERY CONTAINER, AS DESCRIBED IN § 478 OF THE SUBTITLE, MAY
BRING A CIVIL ACTION TO RECOVER DAMAGES OR TO TAKE AND RECOVER

THE OWNER'S BAKERY CONTAINERS FROM ANY PERSON UNLAWFULLY

POSSESSING THE OWNER'S EQUIPMENT AND MAY MAINTAIN ANY APPROPRIATE
ACTION TO PRESERVE THE OWNER'S RIGHTS.

(B) THE COURT MAY GRANT AN INJUNCTION RESTRAINING A PERSON
FROM DOING ANY OF THE ACTS DESCRIBED AS UNLAWFUL UNDER § 474 OF
THIS SUBTITLE. UPON THE GRANTING OF AN INJUNCTION RESTRAINING A
PERSON, THE COURT SHALL ASSESS ALL COSTS OF THE PROCEEDING,
INCLUDING ATTORNEY FEES, AGAINST THAT PERSON.

(A) NOTHING CONTAINED IN THIS SUBTITLE SHALL BE CONSTRUED
AS PROHIBITING THE OWNER OF ANY TYPE OF RETURNABLE CONTAINER OR
ARTICLE DESCRIBED IN THIS SUBTITLE FROM BRINGING A CIVIL ACTION,
INCLUDING AN ACTION FOR INJUNCTIVE RELIEF, TO PRESERVE THE

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