SF 2402

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; prohibiting the unauthorized 
  1.3             possession of, or damage to, merchandise pallets; 
  1.4             providing remedies; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 325F. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [325F.795] [UNAUTHORIZED POSSESSION OF 
  1.8   MERCHANDISE PALLETS.] 
  1.9      Subdivision 1.  [DEFINITIONS.] (a) "Merchandise" means 
  1.10  objects, wares, goods, or commodities. 
  1.11     (b) "Merchandise pallet" means a plastic carrier or plastic 
  1.12  container, ranging in size from 36 inches to 54 inches with a 
  1.13  forklift entry, used by a manufacturer or distributor to 
  1.14  transport merchandise, which has a notice permanently affixed to 
  1.15  it by the owner that does all of the following: 
  1.16     (1) identifies the company name of the owner of the pallet; 
  1.17     (2) notifies the public that the unauthorized possession of 
  1.18  the pallet is a violation of state law; and 
  1.19     (3) lists a telephone number or address for the owner. 
  1.20     (c) With respect to possession of a merchandise pallet, 
  1.21  "unauthorized person" includes anyone in possession of one or 
  1.22  more merchandise pallets, except the following: 
  1.23     (1) the company owner; 
  1.24     (2) a person in lawful possession of the merchandise 
  1.25  pallet; or 
  2.1      (3) a person who has temporary possession of the 
  2.2   merchandise pallet as a result of the purchase of the products 
  2.3   or merchandise transported using the merchandise pallet. 
  2.4      Subd. 2.  [LIABILITY.] An unauthorized person in possession 
  2.5   of a merchandise pallet, or a person, other than the owner, who 
  2.6   maliciously, with intent to damage, obliterates, removes, or 
  2.7   distorts the owner's name on a merchandise pallet, shall be 
  2.8   liable to the injured party as set forth in subdivision 4. 
  2.9      Subd. 3.  [EVIDENCE OF OWNERSHIP OR RIGHTFUL POSSESSION.] A 
  2.10  person who purchases or leases a merchandise pallet shall retain 
  2.11  a copy of the bill of sale or other evidence that supports the 
  2.12  purchase or lease. 
  2.13     Subd. 4.  [REMEDY.] A person injured by a violation of this 
  2.14  section may recover damages equal to three times the cost of the 
  2.15  merchandise pallet, together with costs and disbursements, 
  2.16  including a reasonable attorney's fee.