PRIOR PRINTER'S NOS. 1795, 1904, 1992 PRINTER'S NO. 2037
No. 1346 Session of 1986
INTRODUCED BY HELFRICK, O'PAKE, MADIGAN, ROSS, STAPLETON AND
SHUMAKER, JANUARY 29, 1986
AS AMENDED ON THIRD CONSIDERATION, APRIL 15, 1986
AN ACT
1 Providing for identification, POSSESSION AND UNLAWFUL USE of <--
2 shopping carts, laundry carts, dairy cases, egg baskets,
3 poultry boxes, bakery trays and bakery baskets and for their <--
4 illegal use; providing a penalty for unlawful possession of
5 shopping carts, laundry carts, dairy cases, egg baskets,
6 poultry boxes, bakery trays and bakery baskets; requiring
7 bills of lading when transporting dairy cases, egg baskets,
8 poultry boxes, bakery trays and bakery baskets; providing
9 criteria for the unlawful removal of dairy cases; providing
10 for designation of owners of egg baskets and poultry boxes;
11 providing for the unlawful removal of egg baskets and poultry
12 boxes; providing criteria for the illegal use of shopping
13 carts and laundry carts; providing for the effect of
14 deposits; providing a penalty; and providing for the scope of
15 this act.; AND PROVIDING A PENALTY. <--
16 TABLE OF CONTENTS
17 Section 1. Short title.
18 Section 2. Definitions.
19 Section 3. Illegal use of dairy cases, egg baskets, poultry <--
20 boxes, bakery trays or bakery baskets.
21 USE OF CONTAINERS. <--
22 Section 4. Possession of shopping carts, laundry carts, dairy <--
23 cases, egg baskets, poultry boxes, bakery trays
24 or bakery baskets. OR CONTAINERS. <--
1 Section 5. Transportation of dairy cases, egg baskets, <--
2 poultry boxes, bakery trays and bakery baskets
3 CONTAINERS; bill of lading. <--
4 Section 6. Unlawful removal of dairy cases, bakery trays or <--
5 bakery baskets. CONTAINERS. <--
6 Section 7. Egg baskets; designation of owner. <--
7 Section 8. Poultry boxes; designation of owners.
8 Section 9. Unlawful removal of egg baskets and poultry boxes.
9 Section 10 7. Illegal use of shopping carts and laundry carts. <--
10 Section 11 8. Deposits. <--
11 Section 12 9. Penalty. <--
12 Section 13 10. Scope of act. <--
13 Section 14 11. Initial period for return. <--
14 Section 15 12. Effective date. <--
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Short title.
18 This act shall be known and may be cited as the Carts, Cases,
19 Trays, Baskets and Boxes Act.
20 Section 2. Definitions.
21 The following words and phrases when used in this act shall
22 have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 "Bakery basket." A wire or plastic container which holds
25 bread or other baked goods and is used by a distributor or
26 retailer, or his agent, as a means to transport, store or carry
27 bakery products.
28 "Bakery tray." A wire or plastic container which holds bread
29 or other baked goods and is used by a distributor or retailer,
30 or his agent, as a means to transport, store or carry bakery
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1 products.
2 "CONTAINER." A BAKERY BASKET, BAKERY TRAY, DAIRY CASE, OR <--
3 EGG BASKET OR POULTRY BOX.
4 "Dairy case." A wire or plastic container which holds 16
5 quarts or more of beverage and is used by distributors or
6 retailers, or their agents, as a means to transport, store or
7 carry dairy products.
8 "Department." The Department of Agriculture of the <--
9 Commonwealth.
10 "Egg basket." Any permanent type of container which contains
11 four dozen or more shell eggs and is used by distributors or
12 retailers, or their agents, as a means to transport, store or
13 carry eggs.
14 "Laundry cart." A basket which is mounted on wheels and used
15 in a coin-operated laundry or drycleaning establishment by a
16 customer or an attendant for the purpose of transporting laundry
17 and laundry supplies.
18 "Name" or "mark." Any permanently affixed or permanently
19 stamped name or mark which is used for the purpose of
20 identifying the owner of shopping carts, laundry carts, dairy
21 cases, egg baskets, poultry boxes, bakery trays or bakery boxes.
22 "Parking area." A lot or other property provided by a retail
23 establishment for the use of customers to park automobiles or
24 other vehicles while doing business in that establishment.
25 "Poultry box." Any permanent type of container which is used
26 by processors, distributors, retailers or food service
27 establishments, or their agents, as a means to transport, store
28 or carry poultry.
29 "Shopping cart." A basket which is mounted on wheels, or a
30 similar device, generally used in a retail establishment by a
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1 customer for the purpose of transporting goods of any kind.
2 Section 3. Illegal use of dairy cases, egg baskets, poultry <--
3 boxes, bakery trays or bakery baskets. USE OF <--
4 CONTAINERS.
5 (A) GENERAL RULE.--A PERSON OWNING SHOPPING CARTS, LAUNDRY
6 CARTS OR CONTAINERS MAY ADOPT AND USE A NAME OR MARK ON THE
7 CARTS OR CONTAINERS.
8 (B) PROHIBITED USES.--No person, other than the owner of
9 such name or mark, shall use for any purpose any container which
10 is identified with or by any name or mark UNLESS AUTHORIZED TO <--
11 DO SO BY THE OWNER. No person shall deface, obliterate, destroy,
12 cover up or otherwise remove or conceal any such name or mark
13 without the written consent of the owner.
14 Section 4. Possession of shopping carts, laundry carts, dairy <--
15 cases, egg baskets, poultry boxes, bakery trays
16 or bakery baskets. OR CONTAINERS. <--
17 Any person who is in possession of any shopping cart, laundry
18 cart, dairy case, egg basket, poultry box, bakery tray or bakery <--
19 basket OR CONTAINER with a name or mark shall be presumed to be <--
20 in possession of stolen property. and commits a summary offense <--
21 and shall, upon conviction, be sentenced to pay a fine not
22 exceeding $300 or to imprisonment for a term not exceeding 90
23 days.
24 Section 5. Transportation of dairy cases, egg baskets, poultry <--
25 boxes, bakery trays and bakery baskets
26 CONTAINERS; bill of lading. <--
27 It shall be unlawful for any common carrier or private
28 carrier for hire, except those engaged in the transporting of
29 dairy products, eggs and poultry to and from farms where they
30 are produced, to receive or transport any container marked with
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1 a name or mark unless the carrier has in his possession a bill
2 of lading or invoice therefor.
3 Section 6. Unlawful removal of dairy cases, bakery trays or <--
4 bakery baskets. CONTAINERS. <--
5 It is a violation of this act for any person not in lawful
6 possession of a dairy case, bakery tray or bakery basket to <--
7 remove a dairy case, bakery tray or bakery basket CONTAINER TO <--
8 REMOVE IT from the premises, parking area or any other area of
9 any PROCESSOR, DISTRIBUTOR OR retail establishment, or from any <--
10 delivery vehicle, if:
11 (1) The dairy case, bakery tray or bakery basket <--
12 CONTAINER is marked on at least one side with a name or mark. <--
13 (2) A notice to the public, warning that use by any
14 person other than the owner is punishable by law, is visibly
15 displayed on the dairy case, bakery tray or bakery basket <--
16 CONTAINER. <--
17 Section 7. Egg baskets; designation of owner. <--
18 Any person engaged in receiving, packing, handling or selling
19 eggs in permanent baskets which contain four dozen or more shell
20 eggs may adopt, own and use any name or mark and may permanently
21 affix or stamp the name or mark on any egg basket, except
22 cardboard, fiberboard or corrugated containers, owned by such
23 person, in order to designate the ownership of the baskets or
24 distinguish the baskets from other similar baskets.
25 Section 8. Poultry boxes; designation of owners.
26 Any person engaged in receiving, packing, handling or selling
27 poultry in permanent boxes may adopt, own and use any name or
28 mark and may permanently affix or stamp the name or mark on any
29 poultry box, except cardboard, fiberboard or wood containers,
30 owned by the person, in order to designate the ownership of the
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1 boxes or distinguish the boxes from other similar boxes.
2 Section 9. Unlawful removal of egg baskets and poultry boxes.
3 It is a violation of this act for any person not in lawful
4 possession of an egg basket or poultry box to remove an egg
5 basket or poultry box from the premises, parking area or any
6 other area of any processor, distributor, retailer or food
7 service establishment.
8 Section 10 7. Illegal use of shopping carts and laundry carts. <--
9 It is a violation of this act:
10 (1) To remove any shopping cart or laundry cart from the
11 premises or parking area of a retail establishment with
12 intent to temporarily or permanently deprive the owner of the
13 cart, or the retailer, of possession of the cart.
14 (2) To remove a shopping cart or laundry cart, without
15 written authorization from the owner of the cart, from the
16 premises or parking area of any retail establishment.
17 (3) To remove, obliterate or alter any serial number or <--
18 sign, NAME OR MARK affixed to a shopping cart or laundry <--
19 cart.
20 Section 11 8. Deposits. <--
21 The requiring, taking or accepting of any deposit, upon
22 delivery of any dairy case, egg basket, poultry box, bakery <--
23 tray, bakery basket A CONTAINER, shopping cart or laundry cart, <--
24 shall not be deemed a sale thereof, optional or otherwise.
25 Section 12 9. Penalty. <--
26 A person who violates any of the provisions of this act
27 commits a summary offense and shall, upon conviction thereof, be
28 sentenced to pay a fine not exceeding $300 or to imprisonment
29 for a term not exceeding 90 days. Each violation shall
30 constitute a separate offense.
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1 Section 13 10. Scope of act. <--
2 This act shall not apply to the owner of a shopping cart,
3 laundry cart, dairy case, egg basket, poultry box, bakery tray, <--
4 or bakery basket OR CONTAINER, or to a retailer, or to the <--
5 agents or employees of the owner or retailer, or to a customer
6 who has written consent from the owner of a shopping cart,
7 laundry cart, dairy case, egg basket, poultry box, bakery tray, <--
8 or bakery basket OR CONTAINER, or from a retailer, to possess <--
9 the cart, case, tray, basket or box OR CONTAINER, or to remove <--
10 it from the premises or the parking area of the retail
11 establishment.
12 Section 14 11. Initial period for return. <--
13 No person who returns a shopping cart, laundry cart, dairy <--
14 case, egg basket, poultry box, bakery tray or bakery basket OR <--
15 CONTAINER to the owner thereof within 60 days after the
16 effective date of this act shall be prosecuted under the
17 provisions of this act.
18 Section 15 12. Effective date. <--
19 This act shall take effect in 90 days.
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