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.
History: 1998 c 282 s 1