Section 19-303 - Registration. - Maryland Statutes

§ 19-303. Registration.
 

(a)  In general.-  

(1) A person may register: 

(i) a class of returnable containers if: 

1. the person owns or deals in goods handled or delivered in a returnable container; and 

2. the returnable container has an identifying name, mark, or device securely attached, impressed, or imprinted; or 

(ii) a class of returnable textiles, if the person: 

1. is in the business of regularly supplying clean laundered returnable textiles; and 

2. periodically exchanges the clean returnable textiles for soiled returnable textiles. 

(2) A person who has registered a returnable container or returnable textile under State law is not required to reregister the returnable container or returnable textile. 

(b)  Procedure.- To register a returnable container or returnable textile a person shall: 

(1) (i) prepare a clear statement of the character of the returnable container or returnable textile; and 

(ii) prepare a comprehensive description of the identifying name, mark, or device attached, impressed, imprinted, woven, or produced; 

(2) sign and acknowledge the comprehensive description before an officer qualified to take an acknowledgment to deeds in the State; 

(3) publish the signed and acknowledged comprehensive description: 

(i) in two successive issues, in different weeks, of a newspaper published in the county in which the principal office, place of business, or agency of the person is located; or 

(ii) twice a week for 2 successive weeks in a daily newspaper published in Baltimore City if the principal office, place of business, or agency of the person is located in Baltimore City; and 

(4) file with the Secretary of State the comprehensive description and a certificate of publication, certified by the owner or manager of the newspaper in which the comprehensive description was published. 

(c)  Transfer.- A person may transfer a registration by filing a copy of the assignment or transfer with the Secretary of State. 

(d)  Recording.-  

(1) The Secretary of State shall record each: 

(i) comprehensive description filed under subsection (b) of this section; 

(ii) certificate of publication filed under subsection (b) of this section; and 

(iii) transfer filed under subsection (c) of this section. 

(2) On application, the Secretary of State shall provide to the applicant a certified copy of a recorded filing. 

(3) The Secretary of State shall establish reasonable fees: 

(i) for recording under this section; and 

(ii) for providing copies of records filed under this section. 

(e)  Evidence.- A certified copy of a comprehensive description and a certificate of publication or of a transfer with the seal of the Secretary of State attached is: 

(1) evidence that the person complied with this subtitle; and 

(2) prima facie evidence of: 

(i) title to or right to use, collect, or deliver the corresponding returnable containers; and 

(ii) title to the corresponding returnable textiles. 
 

[An. Code 1957, art. 27, §§ 471, 472, 473, 479; 2002, ch. 26, § 4.]