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.