§ 325f-795

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,

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