Sec. 17.30. MISUSING DAIRY CONTAINER BEARING PROPRIETARY MARK. (a) In this section, unless the context requires a different definition, "dairy container" includes butter box, ice cream can, ice cream tub, milk bottle, milk bottle case, milk can, and milk jar.
(b) Without the owner's consent, no person may
(1) fill with milk, cream, butter, or ice cream; damage; mutilate; or destroy a dairy container bearing the owner's commonly used proprietary mark; or
(2) wilfully refuse to return on request to the owner a dairy container bearing his commonly used proprietary mark.
(c) Without the owner's written consent, no person may
(1) deface or remove an owner's proprietary mark from a dairy container; or
(2) substitute on a dairy container his proprietary mark for that of the owner.
(d) A person's commonly used proprietary mark on a dairy container is prima facie evidence of that person's ownership of the container.
(e) A person who violates a provision of Subsection (b) or (c) of this section is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $10 nor more than $100.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
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