§ 19-303. Registration

   (a) In general. --

   (1) A person may register:

      (i) a class of returnable containers if:

         1. the person owns or deals in goods handled or delivered in a returnable container; and

         2. the returnable container has an identifying name, mark, or device securely attached, impressed, or imprinted; or

      (ii) a class of returnable textiles, if the person:

         1. is in the business of regularly supplying clean laundered returnable textiles; and

         2. periodically exchanges the clean returnable textiles for soiled returnable textiles.

   (2) A person who has registered a returnable container or returnable textile under State law is not required to reregister the returnable container or returnable textile.

(b) Procedure. -- To register a returnable container or returnable textile a person shall:

   (1) (i) prepare a clear statement of the character of the returnable container or returnable textile; and

      (ii) prepare a comprehensive description of the identifying name, mark, or device attached, impressed, imprinted, woven, or produced;

   (2) sign and acknowledge the comprehensive description before an officer qualified to take an acknowledgment to deeds in the State;

   (3) publish the signed and acknowledged comprehensive description:

      (i) in two successive issues, in different weeks, of a newspaper published in the county in which the principal office, place of business, or agency of the person is located; or

      (ii) twice a week for 2 successive weeks in a daily newspaper published in Baltimore City if the principal office, place of business, or agency of the person is located in Baltimore City; and

   (4) file with the Secretary of State the comprehensive description and a certificate of publication, certified by the owner or manager of the newspaper in which the comprehensive description was published.

(c) Transfer. -- A person may transfer a registration by filing a copy of the assignment or transfer with the Secretary of State.

(d) Recording. --

   (1) The Secretary of State shall record each:

      (i) comprehensive description filed under subsection (b) of this section;

      (ii) certificate of publication filed under subsection (b) of this section; and

      (iii) transfer filed under subsection (c) of this section.

   (2) On application, the Secretary of State shall provide to the applicant a certified copy of a recorded filing.

   (3) The Secretary of State shall establish reasonable fees:

      (i) for recording under this section; and

      (ii) for providing copies of records filed under this section.

(e) Evidence. -- A certified copy of a comprehensive description and a certificate of publication or of a transfer with the seal of the Secretary of State attached is:

   (1) evidence that the person complied with this subtitle; and

   (2) prima facie evidence of:

      (i) title to or right to use, collect, or deliver the corresponding returnable containers; and

      (ii) title to the corresponding returnable textiles.

HISTORY: An. Code 1957, art. 27, § 471, 472, 473, 479; 2002, ch. 26, § 4.