§ 14-72.4. Unauthorized taking or sale of labeled dairy milk cases or milk crates bearing the name or label of owner.
§14‑72.4. Unauthorized taking or sale of labeled dairy milk cases or milkcrates bearing the name or label of owner.
(a) A person is guiltyof the unauthorized taking or sale of a dairy milk case or milk crate on orafter January 1, 1990, if he:
(1) Takes, buys, sellsor disposes of any dairy milk case or milk crate, bearing the name or label ofthe owner, without the express or implied consent of the owner or hisdesignated agent; or
(2) Refuses upon demandof the owner or his designated agent to return to the owner or his designatedagent any dairy milk case or milk crate, bearing the name or label of theowner; or
(3) Defaces,obliterates, erases, covers up, or otherwise removes or conceals any name,label, registered trademark, insignia, or other business identification of anowner of a dairy milk case or milk crate, for the purpose of destroying orremoving from the milk case or milk crate evidence of its ownership.
(b) For purposes ofthis section dairy milk cases or milk crates shall be deemed to bear a name orlabel of an owner when there is imprinted or attached on the case or crate aname, insignia, mark, business identification or label showing ownership orsufficient information to ascertain ownership. For purposes of this section,the term "dairy case" shall be defined as a wire or plastic containerwhich holds 16 quarts or more of beverage and is used by distributors orretailers, or their agents, as a means to transport, store, or carry dairyproducts.
(c) A violation of thissection is a Class 2 misdemeanor.
(d) Nothing in thissection shall preclude the prosecution of any misdemeanor or felony offensethat is applicable under any other statute or common law. (1989,c. 303; 1994, Ex. Sess., c. 14, s. 3.2.)