TITLE 3

Agriculture

Marketing of Agricultural Products

CHAPTER 31. MILK, CREAM AND OTHER MILK PRODUCTS; CONTAINERS

Subchapter IV. Containers for Dairy Products


(a) Any person engaged in manufacturing, bottling or selling milk, cream or other dairy products in bottles, boxes, tins, cans or other receptacles or containers, with such person's name or names or other mark or marks, or device or devices, branded, stamped, engraved, etched, blown, impressed or otherwise produced upon such bottles, boxes, tins, cans or other receptacles or containers used by such person in the same or delivery of milk, cream or other dairy products, may file in the office of the Secretary of State a description of the name or names, marks or devices so used by such person, and cause such description to be printed once a week for 2 weeks successively in a newspaper published in the county in which the principal office or place of business of the owner shall be located.

(b) Upon legal proof being furnished the Secretary of State, a certificate shall be issued by the Secretary of State which certificate shall be competent evidence in any court of law of the State of the right of such person to the absolute use of such bottles, boxes, tins, cans, or other receptacles or containers, with such devices marked thereon, and of the publication and registration of the same. If such person has obtained a certificate from the Secretary of State and thereafter retires from business, such person shall have the right to legally transfer the certificate to such person's successor in the business.

27 Del. Laws, c. 178; Code 1915, § 3594; 40 Del. Laws, c. 221, § 1; Code 1935, § 4086(a); 3 Del. C. 1953, § 3141; 70 Del. Laws, c. 186, § 1.;

(a) No person shall fill with milk, cream or other dairy products, or other beverages, oils, compounds or mixtures, any bottles, boxes, tins, cans or other receptacles or containers, marked or distinguished by or with any name, mark or device, of which a description has been filed and published as provided for in this subchapter; or deface, erase, obliterate, cover up, or otherwise remove or conceal, any such name, mark or device thereon; or sell, buy, give, take, retain, or break, mutilate or destroy, or otherwise dispose of, or traffic in the same; without the written consent of the owner or owners thereof being first obtained.

(b) The fact of any person other than the rightful owner or owners thereof using any such bottles, boxes, tins, cans, or other receptacles or containers for the sale or storage therein of any milk, cream or other dairy products, or other beverages, oils, compounds or mixtures, without the written consent of such owner or owners, of which a description of the names, marks, or devices thereon has been filed and published in the manner provided for in this subchapter; or the buying, selling, using, disposing of, destroying, retaining, or trafficking in such bottles, boxes, tins, cans, or other receptacles or containers, by any person other than the owner or owners thereof, without written consent; or having in his possession, by any junk dealer or other dealer in secondhand articles, of any bottles, boxes, tins, cans, or other receptacles or containers, of which a description of the names, marks, or devices thereon has been filed and published without written consent, shall be prima facie evidence of the unlawful use, retention, possession of, or trafficking in such bottles, boxes, tins, cans, or other receptacles or containers.

Code 1915, §§ 3594A, 3594B; 40 Del. Laws, c. 221, § 1; Code 1935, § 4086(b), (c); 3 Del. C. 1953, § 3142.;

The requiring, taking, or accepting of any deposit upon the delivery of any bottle, box, tin, can or other receptacles or containers, the name, mark, or device upon which has been filed and published as provided for in this subchapter, shall not constitute a sale thereof, either optional or otherwise.

Code 1915, § 3594C; 40 Del. Laws, c. 221, § 1; Code 1935, § 4086(d); 3 Del. C. 1953, § 3143.;

The owner or proprietor, or his or her or its agent or agents, may take possession of any bottles, boxes, tins, cans, or other receptacles or containers, used in violation of this subchapter, whether the receptacles or containers be full or partly full of any liquid, beverage or other substance, or empty, and shall not be liable in damages therefor, or for any trespass arising out of taking possession. Should the party or parties having possession of the receptacles or containers refuse to empty the same of the contents contained therein immediately, upon notice and demand by the owner or proprietor, or his or her or its agent or agents, then the owner, proprietor or agent may empty the receptacles or containers and shall not be liable therefor.

Code 1915, § 3594D; 40 Del. Laws, c. 221, § 1; Code 1935, § 4086(e); 3 Del. C. 1953, § 3144; 70 Del. Laws, c. 186, § 1.;

Glass bottles used in the sale and delivery of milk, cream and other dairy products shall be sterilized before each and every filling, and shall not be used by the owner or owners thereof, or by any other person for any other purpose whatsoever.

Code 1915, § 3594F; 40 Del. Laws, c. 221, § 1; Code 1935, § 4086(g), 3 Del. C. 1953, § 3147; 70 Del. Laws, c. 283, § 4.;

Whoever violates this subchapter shall be fined not more than $10 for each offense, unless a different penalty is prescribed by the section violated.

Code 1915, § 3594E; 40 Del. Laws, c. 221, § 1; Code 1935, § 4086(f); 3 Del. C. 1953, § 3146; 70 Del. Laws, c. 283, § 4.;

Justices of the peace shall have jurisdiction of offenses under this subchapter.

Code 1915, §§ 3594G, H; 40 Del. Laws, c. 221, § 1; Code 1935, § 4086(h), (i); 3 Del. C. 1953, § 3149; 70 Del. Laws, c. 283, § 4.;

Any person convicted of violating this subchapter shall have the right of an appeal to the Court of Common Pleas upon giving bond with surety satisfactory to the justice of the peace or judge before whom such person was convicted. The appeal shall be taken and bond given within 5 days from the time of conviction.

Code 1915, § 3594J; 40 Del. Laws, c. 221, § 1; Code 1935, § 4086(j); 3 Del. C. 1953, § 3150; 69 Del. Laws, c. 423, § 3; 70 Del. Laws, c. 283, § 4.;

Transferred.