Registration

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

    (d)    (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)    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.


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