SECTIONS 22750-22754 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 22750-22754

22750. 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, approximately 48 inches by 40 inches with a four-way
forklift entry, used by a manufacturer or distributor to transport
merchandise to retail outlets, which has a notice permanently affixed
to it that does all of the following: (1) identifies the company
name of the owner of the pallet; (2) notifies the public that the
unauthorized possession of the pallet is a violation of state law;
and (3) lists a telephone number or address for returning the pallet
to the owner.

22751. 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.

22752. 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.

22753. 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,
bakery basket, or merchandise pallet, except by the owner.

22754. 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.