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PARRIS N. GLENDENING, Governor
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Ch. 26
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SUBTITLE 3. RETURNABLE CONTAINERS AND RETURNABLE TEXTILES.
19-301. DEFINITIONS.
(A) IN GENERAL.
IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.
REVISOR'S NOTE: Chapter 26, Acts of 2002, which enacted the Criminal Law
Article, also enacted this subsection, which is new language added as the
standard introductory language to a definition section.
(B) RETURNABLE CONTAINER
(1) "RETURNABLE CONTAINER" MEANS A DEVICE MADE OF ANY
MATERIAL:
(I) THAT IS USED TO HOLD, CONTAIN, OR CONVERT GOODS INTO A
PACKAGE, EITHER BY NECESSITY OR FOR CONVENIENCE OF DELIVERY OR SALE;
(II) THAT IS SUITABLE FOR REPEATED USE; AND
(III) THE TITLE TO WHICH THE SELLER DOES NOT INTEND TO PASS
WITH THE SALE OF THE GOODS OR THE TRANSPORT OR RETURN OF THE GOODS, AS
PROVIDED IN ITEM (2)(II) OF THIS SECTION.
(2) "RETURNABLE CONTAINER" INCLUDES:
(I) A BASKET, TRAY, MILK CRATE, OR ANY TYPE OF CONTAINER
THAT IS USED BY A BAKERY, DAIRY, DISTRIBUTOR, RETAILER, FOOD SERVICE
ESTABLISHMENT, OR ITS AGENT, TO TRANSPORT, STORE, OR CARRY GOODS
INCLUDING BAKERY OR DAIRY PRODUCTS; AND
(II) A BAG, BOX, BASKET, OR ANY OTHER DEVICE:
1. THAT IS INTENDED FOR REPEATED USE;
2. THAT IS USED TO HOLD OR CONTAIN GOODS THAT ARE
BEING:
A. TRANSPORTED TO A LAUNDRY, DRY CLEANING, OR
DYEING ESTABLISHMENT TO BE WASHED, LAUNDERED, DRY CLEANED, OR DYED; OR
B. RETURNED TO THE PERSON ENTITLED TO THE RETURN;
AND
3. THE TITLE TO WHICH THE SELLER DOES NOT INTEND TO
PASS BY THE TRANSPORT OR RETURN OF THE GOODS.
REVISOR'S NOTE: Chapter 26, Acts of 2002, which enacted the Criminal Law
Article, also added this subsection, which is new language derived without
substantive change from the first clause of former Art. 27, § 478, which
defined "returnable container".
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Throughout this subsection, the references to "goods that are" transported
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- 1049 -
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