Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 282-S.F.No. 2402 
                  An act relating to commerce; prohibiting the 
                  unauthorized possession of, or damage to, merchandise 
                  pallets; providing remedies; proposing coding for new 
                  law in Minnesota Statutes, chapter 325F. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [325F.795] [UNAUTHORIZED POSSESSION OF 
        MERCHANDISE PALLETS.] 
           Subdivision 1.  [DEFINITIONS.] (a) "Merchandise" means 
        objects, wares, goods, or commodities. 
           (b) "Merchandise pallet" means a plastic carrier or plastic 
        container, ranging in size from 36 inches to 54 inches with a 
        forklift entry, used by a manufacturer or distributor to 
        transport merchandise, which has a notice permanently affixed to 
        it by the owner that does all of the following: 
           (1) identifies the company name of the owner of the pallet; 
           (2) notifies the public that the unauthorized possession of 
        the pallet is a violation of state law; and 
           (3) lists a telephone number or address for the owner. 
           (c) With respect to possession of a merchandise pallet, 
        "unauthorized person" includes anyone in possession of one or 
        more merchandise pallets, except the following: 
           (1) the company owner; 
           (2) a person in lawful possession of the merchandise 
        pallet; or 
           (3) a person who has temporary possession of the 
        merchandise pallet as a result of the purchase of the products 
        or merchandise transported using the merchandise pallet. 
           Subd. 2.  [LIABILITY.] An unauthorized person in possession 
        of a merchandise pallet, or a person, other than the owner, who 
        maliciously, with intent to damage, obliterates, removes, or 
        distorts the owner's name on a merchandise pallet, shall be 
        liable to the injured party as set forth in subdivision 4. 
           Subd. 3.  [EVIDENCE OF OWNERSHIP OR RIGHTFUL POSSESSION.] A 
        person who purchases or leases a merchandise pallet shall retain 
        a copy of the bill of sale or other evidence that supports the 
        purchase or lease. 
           Subd. 4.  [REMEDY.] A person injured by a violation of this 
        section may recover damages equal to three times the cost of the 
        merchandise pallet, together with costs and disbursements, 
        including a reasonable attorney's fee. 
           Presented to the governor March 13, 1998 
           Signed by the governor March 16, 1998, 9:58 a.m.