2013 Maryland Code
BUSINESS REGULATION
§ 19-302 - Rules of construction [Effective until October 1, 2013].


MD Bus Reg Code § 19-302 (2013) What's This?

§19-302.

(a) 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.

(b) This subtitle does not prohibit:

(1) the owner of a returnable container or returnable textile from bringing 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; or

(2) a prosecution for theft under § 7-104 of the Criminal Law Article.

§ 19-302 - Rules of construction [Effective October 1, 2013].

(a) Deposit. -- 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.

(b) Civil actions. --

(1) 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.

(2) 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.

(c) Criminal actions. -- This subtitle does not prohibit a prosecution for theft under § 7-104 of the Criminal Law Article.

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