Los Angeles, CA asked in Business Law for California

Q: Is it currently illegal in California to sell milk crates? Refer to 2005 penal code Section 565-566.These are not dairy

These are not crates from dairies which may be stolen. They are other things on them, and are brought to a food pantry by food donators and they don't want them returned.

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: Based on the information provided, it does not appear to be illegal to sell the milk crates in question under California law. The 2005 California Penal Code Sections 565-566 specifically address dairy cases, which are defined as containers or other devices used for the transportation of milk, cream, or other dairy products.

Section 565 states that it is a misdemeanor to acquire or possess dairy cases without the written consent of the owner, if the cases have the owner's name or registered trademark prominently displayed on them.

However, you mentioned that the crates in question are not from dairies and are used by food donors to bring items to a food pantry. The donors do not want the crates returned. In this context, the milk crates do not seem to fall under the definition of "dairy cases" as described in the penal code.

Therefore, selling these specific milk crates, which are not dairy cases and do not have the owner's name or trademark displayed, would not be considered illegal under the 2005 California Penal Code Sections 565-566.

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