New York Laws
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; or

b. 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.

Structure New York Laws