In this subtitle the following words have the meanings indicated. “Returnable container” means a device made of any material: that is used to hold, contain, or convert goods into a package, either by necessity or for convenience of delivery or sale; that is suitable for repeated use; and 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. “Returnable container” includes: 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 a bag, box, basket, or any other device: that is intended for repeated use; that is used to hold or contain goods that are being: transported to a laundry, dry cleaning, or dyeing establishment to be washed, laundered, dry cleaned, or dyed; or returned to the person entitled to the return; and the title to which the seller does not intend to pass by the transport or return of the goods. “Returnable textile” means a garment, towel, table linen, or bed linen with an identifying name, mark, or device woven, impressed, or produced on it, that is regularly supplied clean, and periodically exchanged for a similar soiled textile.

In this subtitle, requiring or accepting a deposit on a registered returnable container, whether optional, conditional, or otherwise, does not constitute a sale of the container. The owner of a returnable container or returnable textile may bring a civil action, including an action for injunctive relief, to preserve the rights of the owner, to recover damages, or to recover the returnable container or returnable textile, from a person who unlawfully possesses the returnable container or returnable textile of the owner. In an action brought under this subsection, the owner of a returnable container or returnable textile may recover up to three times the value of the actual damages, plus reasonable attorney’s fees. This subtitle does not prohibit a prosecution for theft under § 7–104 of the Criminal Law Article.

A person may register: a class of returnable containers if: the person owns or deals in goods handled or delivered in a returnable container; and the returnable container has an identifying name, mark, or device securely attached, impressed, or imprinted; or a class of returnable textiles, if the person: is in the business of regularly supplying clean laundered returnable textiles; and periodically exchanges the clean returnable textiles for soiled returnable textiles. A person who has registered a returnable container or returnable textile under State law is not required to reregister the returnable container or returnable textile. To register a returnable container or returnable textile a person shall: prepare a clear statement of the character of the returnable container or returnable textile; and prepare a comprehensive description of the identifying name, mark, or device attached, impressed, imprinted, woven, or produced; sign and acknowledge the comprehensive description before an officer qualified to take an acknowledgment to deeds in the State; publish the signed and acknowledged comprehensive description: in two successive issues, in different weeks, of a newspaper published in the county in which the principal office, place of business, or agency of the person is located; or twice a week for 2 successive weeks in a daily newspaper published in Baltimore City if the principal office, place of business, or agency of the person is located in Baltimore City; and file with the Secretary of State the comprehensive description and a certificate of publication, certified by the owner or manager of the newspaper in which the comprehensive description was published. A person may transfer a registration by filing a copy of the assignment or transfer with the Secretary of State. The Secretary of State shall record each: comprehensive description filed under subsection (b) of this section; certificate of publication filed under subsection (b) of this section; and transfer filed under subsection (c) of this section. On application, the Secretary of State shall provide to the applicant a certified copy of a recorded filing. The Secretary of State shall establish reasonable fees: for recording under this section; and for providing copies of records filed under this section. A certified copy of a comprehensive description and a certificate of publication or of a transfer with the seal of the Secretary of State attached is: evidence that the person complied with this subtitle; and prima facie evidence of: title to or right to use, collect, or deliver the corresponding returnable containers; and title to the corresponding returnable textiles.

After the recordation, a person may not: use a registered returnable container of another with contents of a nature different from that delivered; or sell, buy, rent, or otherwise traffic in a registered returnable textile of another. A person who violates this subsection: is guilty of a misdemeanor and on conviction is subject to: for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000; and for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both; and shall forfeit to the rightful owner possession of the property involved in the violation. After the recordation, a person may not willfully deface, remove, conceal, or destroy an identifying name, mark, or device attached, impressed, or imprinted on a returnable container or returnable textile of another. A person who violates this subsection: is guilty of a misdemeanor and on conviction is subject to: for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000; and for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both; and shall forfeit to the rightful owner possession of the property involved in the violation. After the recordation, a person may not willfully break, destroy, or otherwise injure a returnable container or returnable textile of another. A person who violates this subsection: is guilty of a misdemeanor and on conviction is subject to: for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000; and for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both; and shall forfeit to the rightful owner possession of the property involved in the violation. After the recordation, a person may not buy, offer for sale, sell, use, give, receive, hire, rent, lend, transport, collect from ash or garbage receptacles, dumps, or premises, keep in stock or store, or dispose of a returnable container or returnable textile of another without an assignment from or the written consent of the registered owner. A person who violates this subsection: is guilty of a misdemeanor and on conviction is subject to: for each first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000; and for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both; and shall forfeit to the rightful owner possession of the property involved in the violation. A person may not adopt and register under this subtitle a returnable container or returnable textiles, or a description, name, mark or device, that: has been previously registered by another; or is in use by another in good faith. A person who receives a registered returnable container or registered returnable textile may not fail on demand to surrender promptly the container or textile to the person from whom the container or textile was received. A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to: for each first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000; and for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both. A person who receives a registered returnable container that has come into immediate contact with a dairy product shall thoroughly clean the inside of the container immediately after emptying the contents. A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $500.

A District Court judge shall issue a search warrant, authorizing a search of the premises specified in the warrant, to a sheriff, deputy sheriff, or other law enforcement officer to whom a warrant may be directed, if a person who has registered a returnable container or returnable textile, or the person’s agent, makes an affidavit before the judge, stating that: the affiant demonstrates probable cause to believe that a violation of § 19–304(a), (b), (c), or (d) of this subtitle has occurred; and evidence of the violation may be obtained by a search of premises specified by the affiant.

In a prosecution under this subtitle, a charging document is sufficient if it: describes the returnable container or returnable textile in a way that allows its identification; affirms that the returnable container or returnable textile is distinctly marked and registered under this subtitle; and gives the name of the owner of the returnable container or returnable textile, the person using the returnable container or returnable textile through registration, or, if applicable, the transferee. In a prosecution under this subtitle, a charging document need not: state or describe the name, mark, or device attached, impressed, or imprinted on a returnable container or returnable textile; or state the particulars of the registration of the returnable container or returnable textile or of the assignment or transfer of the registration.

In a prosecution under § 19-304(a), (b), (c), or (d) of this subtitle, possession by a person charged of all or part of the registered returnable container or returnable textile is prima facie evidence that the person is guilty of the charge. Subsection (a) of this section does not apply to: a garbage collector who collects a registered returnable container or returnable textile in the regular course of business; the possession of a registered returnable container by a person who received the container with its contents; or the possession of a registered returnable textile.

In this section, “plastic secondary packaging” means a plastic crate or shell used for the bulk transportation, storage, or carrying of retail items. “Plastic secondary packaging” includes milk crates, bakery and soft drink trays, and other commercial plastic secondary packaging. Other than a manufacturer of plastic secondary packaging, a person may not purchase four or more items of plastic secondary packaging for the purpose of recycling, shredding, or destroying the items. Each person that purchases an item of plastic secondary packaging, including a person that is in the business of recycling, shredding, or destroying plastic secondary packaging, shall make a written record of each transaction in which a person sells four or more items of plastic secondary packaging, that shows that the person selling the plastic secondary packaging has lawful possession or ownership of the plastic secondary packaging. For each transaction subject to paragraph (1) of this subsection, the purchaser shall: verify the seller’s identity by a driver’s license or other government–issued identification; and make a record of each transaction that includes: the name, address, telephone number, and signature of the seller or the seller’s authorized representative; the name and address of the purchaser; the registration number and license tag number of any vehicle used in the delivery of the plastic secondary packaging; a description of the items sold, including the number of units; and the date of the transaction. The purchaser shall keep the records required by this section for at least 1 year after the date of purchase. A person that violates this section is guilty of a misdemeanor and on conviction is subject to: for each first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000; and for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.