Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
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
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
Official Publication of the State of Minnesota
Revisor of Statutes