Court Opinions

State Laws

US Code

US Constitution

Use of carts, cases, trays, baskets, boxes and other containers - 18 Pa. Cons. Stat. § 6712

Legal Research Home > Pennsylvania Statutes

     § 6712.  Use of carts, cases, trays, baskets, boxes and other
                containers.
        (a)  General rule.--A person owning shopping carts, laundry
     carts or containers may adopt and use a name or mark on the
     carts or containers and may register the same pursuant to 54
     Pa.C.S. Ch. 15 (relating to reusable marked articles and
     receptacles).
        (b)  Prohibited uses of containers.--A person may not do any
     of the following:
            (1)  Use for any purpose, when not on the premises of the
        owner or an adjacent parking area, a container of another
        which is identified with or by any name or mark unless the
        use is authorized by the owner.
            (2)  Sell, or offer for sale, a container of another
        which is identified with or by a name or mark unless the sale
        is authorized by the owner.
            (3)  Deface, obliterate, destroy, cover up or otherwise
        remove or conceal a name or mark on a container of another
        without the written consent of the owner.
        (c)  Presumption of possession.--Any person who is in
     possession of any shopping cart, laundry cart or container which
     has a name or mark and is not on the premises of the owner or an
     adjacent parking area shall be presumed to be in possession of
     stolen property.
        (d)  Transportation of containers; bill of lading.--It shall
     be unlawful for any common carrier or private carrier for hire,
     except those engaged in the transporting of dairy products, eggs
     and poultry to and from farms where they are produced, to
     receive or transport any container marked with a name or mark
     unless the carrier has in his possession a bill of lading or
     invoice therefor.
        (e)  Unlawful removal of containers.--It is a violation of
     this section for any person to remove a container from the
     premises, parking area or any other area of any processor,
     distributor or retail establishment, or from any delivery
     vehicle, unless legally authorized to do so, if:
            (1)  The container is marked on at least one side with a
        name or mark.
            (2)  A notice to the public, warning that use by any
        person other than the owner is punishable by law, is visibly
        displayed on the container.
        (f)  Illegal use of shopping carts and laundry carts.--It is
     a violation of this section:
            (1)  To remove any shopping cart or laundry cart from the
        premises or parking area of a retail establishment with
        intent to temporarily or permanently deprive the owner of the
        cart, or the retailer, of possession of the cart.
            (2)  To remove a shopping cart or laundry cart, without
        written authorization from the owner of the cart, from the
        premises or parking area of any retail establishment.
            (3)  To possess, without the written permission of the
        owner or retailer in lawful possession thereof, any shopping
        cart or laundry cart off the premises or parking lot of the
        retailer whose name or mark appears thereon.
            (4)  To remove, obliterate or alter any serial number,
        name or mark affixed to a shopping cart or laundry cart.
        (g)  Deposits.--The requiring, taking or accepting of any
     deposit, upon delivery of a container, shopping cart or laundry
     cart, shall not be deemed a sale thereof, optional or otherwise.
        (h)  Penalty.--A person who violates this section commits a
     summary offense and shall, upon conviction, be sentenced to pay
     a fine not exceeding $300 or to imprisonment for not more than
     90 days. Each violation shall constitute a separate offense.
        (i)  Scope of section.--This section shall not apply to the
     owner of a shopping cart, laundry cart or container, or to a
     customer or any other person who has written consent from the
     owner of a shopping cart, laundry cart or container, or from a
     retailer, in lawful possession thereof, to remove it from the
     premises or the parking area of the retail establishment. For
     the purposes of this section, the term "written consent"
     includes tokens and other indicia of consent which may be
     established by the owner of the carts or the retailer.
        (j)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Bakery basket."  A wire or plastic container which holds
     bread or other baked goods and is used by a distributor or
     retailer, or his agent, as a means to transport, store or carry
     bakery products.
        "Bakery tray."  A wire or plastic container which holds bread
     or other baked goods and is used by a distributor or retailer,
     or his agent, as a means to transport, store or carry bakery
     products.
        "Container."  A bakery basket, bakery tray, dairy case, egg
     basket, poultry box or any other container used to transport,
     store or carry any product.
        "Dairy case."  A wire or plastic container which holds 16
     quarts or more of beverage and is used by distributors or
     retailers, or their agents, as a means to transport, store or
     carry dairy products.
        "Egg basket."  Any permanent type of container which contains
     four dozen or more shell eggs and is used by distributors or
     retailers, or their agents, as a means to transport, store or
     carry eggs.
        "Laundry cart."  A basket which is mounted on wheels and used
     in a coin-operated laundry or drycleaning establishment by a
     customer or an attendant for the purpose of transporting laundry
     and laundry supplies.
        "Name" or "mark."  Any permanently affixed or permanently
     stamped name or mark which is used for the purpose of
     identifying the owner of shopping carts, laundry carts, dairy
     cases, egg baskets, poultry boxes, bakery trays or bakery boxes.
        "Parking area."  A lot or other property provided by a retail
     establishment for the use of customers to park automobiles or
     other vehicles while doing business in that establishment.
        "Poultry box."  Any permanent type of container which is used
     by processors, distributors, retailers or food service
     establishments, or their agents, as a means to transport, store
     or carry poultry.
        "Shopping cart."  A basket which is mounted on wheels, or a
     similar device, generally used in a retail establishment by a
     customer for the purpose of transporting goods of any kind.
     (July 9, 1987, P.L.215, No.37, eff. 90 days)

        1987 Amendment.  Act 37 added section 6712.

Last modified: November 27, 2007