SECTIONS 34561-34568 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 34561-34568

34561. Except as otherwise provided in this article, every person
that finds or receives any container, cabinet, or other dairy
equipment which is marked with a brand which is registered pursuant
to this chapter shall, return it to the owner or his or her agent. If
the finder is unable to locate the owner or his or her agent, he or
she shall, notify the director in writing that he or she has in his
or her possession the container, cabinet, or other dairy equipment
and particularly describe in the notice the trademark or brand which
is upon the container, cabinet, or other dairy equipment.

34562. Any person that acquires any container, cabinet, or other
dairy equipment which is marked with a brand that is registered
pursuant to this chapter, by purchase or by other lawful means, and
that has the written consent of the registrant of such brand to use
it on the particular container, cabinet, or other dairy equipment
which is acquired, or to use such brand on containers generally,
shall so notify the department. He shall not thereafter be required
again to file and publish the description but shall acquire as a part
of such purchase all such benefit as the vendor had under this code
as to the particular containers, cabinets, or other dairy equipment
so acquired or as to containers generally, dependent on the form of
such written consent.

34563. Any person that purchases any container, cabinet, or other
dairy equipment which is marked with a brand registered pursuant to
this chapter shall submit to the director a copy of the bill of sale
or other documentary evidence which supports such purchase.

34564. An "unauthorized person" with respect to possession of
containers (including milk cases), cabinets, or other dairy equipment
marked with a brand that is registered pursuant to this chapter
includes any person in possession of this equipment except the
following:
(a) The brand registrant or owner.
(b) A person in possession in compliance with the provisions of
Sections 34561 or 34562.
(c) A person who, with the consent of the brand registrant or any
other authorized person, has temporary possession of branded
containers (including milk cases) as a result of the purchase of milk
or milk products packaged and transported in the containers.
As to any containers (including milk cases), cabinets, or other
dairy equipment marked with a brand registered pursuant to this
chapter, the following acts are punishable under the provisions of
Chapter 12.6 (commencing with Section 565) of Title 13 of Part 1 of
the Penal Code:
(a) Possession or use of the branded containers, cabinets, or
other dairy equipment by an unauthorized person.
(b) Obliteration of the registered brand on the containers,
cabinets or other dairy equipment, except by the owner thereof or the
brand registrant.

34565. If the owner of any container, cabinet, or other dairy
equipment which is marked or branded, or any other person that is
lawfully entitled to use the container, cabinet, or other dairy
equipment, requires a deposit for security for its safekeeping and
return, it does not constitute a sale, optional or otherwise, of the
container, cabinet, or other dairy equipment.

34568. Any distributor in possession of a milk case having another
distributor's registration shall notify the registered owner, and
make the case available to the registered owner for pickup, upon
receipt of payment for any case deposit which the distributor in
possession may have paid for the case.