Ch. 266

1993 LAWS OF MARYLAND

476.

If any owner or dealer so registering any returnable container or any clean
laundered article, or his or its officer, agent or employee, or the assignee of any such or
his, or its officer, agent or employee, shall make an affidavit before any District Court
judge, averring that he has reason to believe and does believe that the provisions of § 474
hereof have been violated, and that evidence of such violation may be obtained by a
search of premises specified by him, the said District Court judge shall issue his search
warrant to any sheriff, deputy sheriff, or other officer of the law to whom such warrant
may be properly directed and thereby cause the premises so to be designated in the
warrant to be searched; and if any one or more of any such, registered returnable
containers, or any parts of the same, or of any one or more of any clean laundered or
soiled articles, shall be found in, upon or about the premises so designated, the officer
executing such search warrant shall thereupon report the same under his oath to the said
District Court judge, who shall upon the said report, and upon charging a violation of
such § 474 issue his warrant for the arrest of such person against whom such charge or
charges shall be so made, and cause him to be brought before him for trial.

477.

If any person or persons shall be found guilty of a violation of any of the provisions
of § 474 hereof, the court imposing the punishment therein prescribed shall also award to
the rightful owner or dealer possession of all of the property involved in such violation.

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, milk crates, and
any type of container which is used by a bakery, dairy, distributor, retailer, food service
establishment, or its agent to transport, store, or carry goods, wares, or merchandise,
including but not limited to, bakery products and dairy 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.

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