Bakery Trays, Bakery Baskets, And Merchandise Pallets - - CA Business And Professions

Section § 22750

This section defines what 'bakery trays', 'bakery baskets', and 'merchandise pallets' are for legal purposes. A 'bakery tray' or 'basket' is a container used for transporting baked goods and must clearly show the owner's name, warn that unauthorized possession is illegal, and provide contact information for its return. A 'merchandise pallet' is a carrier used for moving goods in bulk, which must display symbols, words, or trademarks indicating ownership.

For purposes of this chapter:

(a) “Bakery tray” or “bakery basket” is a plastic or metal container that holds bread or other baked goods and is used by a distributor, retailer, or an agent of the distributor or retailer as a means to transport, store, or carry those products, which has a notice permanently affixed to it that does all of the following: (1) identifies the company name of the owner of the item; (2) notifies the public that the unauthorized possession of the item is a violation of state law; and (3) lists an address or telephone number for returning the item to the owner.

(b) “Merchandise pallet” is a wooden or plastic carrier or container, used by a manufacturer or distributor for bulk transport of merchandise to wholesale or retail outlets marked with an indicia of ownership. For purposes of this chapter, “indicia of ownership” means words, symbols, or registered trademarks printed, stamped, etched, attached, or otherwise displayed on the exterior surface of the merchandise pallet that reasonably identify the owner.

bakery tray bakery basket merchandise pallet transport baked goods distributor retailer indicia of ownership ownership identification unauthorized possession public notification contact information bulk transport wholesale outlets retail outlets container ownership

(Amended by Stats. 2012, Ch. 300, Sec. 4. (AB 1583) Effective January 1, 2013.)

Section § 22751

If you buy or lease items like a bakery tray, bakery basket, or merchandise pallet, you need to keep a copy of the bill of sale or some proof of your purchase.

Any person who purchases or leases a bakery tray, bakery basket, or merchandise pallet shall retain a copy of the bill of sale or other evidence that supports the purchase.

bakery tray bakery basket merchandise pallet purchase proof bill of sale leasing bakery items purchase documentation evidence of purchase retain receipt property rental record

(Amended by Stats. 1995, Ch. 456, Sec. 4. Effective January 1, 1996.)

Section § 22752

This law defines what it means to be in 'unauthorized possession' of bakery trays, baskets, or pallets. If you're not the owner, don't have legal permission, or haven't been given temporary permission by the owner after buying their products, you're considered unauthorized to have these items.

As used in this chapter, an “unauthorized person” with respect to possession of a bakery tray, bakery basket, or merchandise pallet includes anyone in possession of one or more of these items, except the following:

(a) The company owner.

(b) A person in lawful possession of the item.

(c) A person who, with the consent of the company owner or the company’s agent, has temporary possession of the item as a result of the purchase of the products or merchandise transported using the item.

unauthorized possession bakery tray bakery basket merchandise pallet lawful possession company owner company agent temporary possession consent purchase of products merchandise transportation

(Amended by Stats. 1995, Ch. 456, Sec. 5. Effective January 1, 1996.)

Section § 22753

This law section states that it's illegal for someone who isn't authorized to possess a bakery tray, basket, or merchandise pallet. It also makes it illegal for anyone other than the owner to remove or deface the name of the company or ownership markings on these items. These actions can lead to penalties under specific sections of the Penal Code.

The following acts are punishable as provided in subdivision (b) of Section 489 or in Section 490 of the Penal Code as to any bakery tray, bakery basket, or merchandise pallet described in Section 22750:

(a) Possession of a bakery tray, bakery basket, or merchandise pallet by an unauthorized person.

(b) Obliteration of the company owner’s name on the bakery tray or bakery basket, or obliteration of the indicia of ownership on a merchandise pallet, except by the owner.

unauthorized possession bakery tray bakery basket merchandise pallet obliteration of owner's name indicia of ownership Penal Code penalty Section 489 Section 490 company owner possession violation unauthorized person markings removal

(Amended by Stats. 2012, Ch. 300, Sec. 5. (AB 1583) Effective January 1, 2013.)

Section § 22754

If someone illegally has a bakery tray, basket, or pallet, they can be sued. If the person who owns these items wins the lawsuit, they can get extra money called punitive damages, along with other costs.

An unauthorized person who possesses a bakery tray, bakery basket, or merchandise pallet is subject to civil action. Punitive damages under Section 3294 of the Civil Code and costs shall be awarded to a person who is awarded actual damages arising from a violation of this chapter.

unauthorized possession bakery tray bakery basket merchandise pallet civil action punitive damages actual damages violation Section 3294 Civil Code costs awarded lawsuit possession violation property dispute monetary compensation

(Added by Stats. 1995, Ch. 456, Sec. 7. Effective January 1, 1996.)