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The Florida Senate

1999 Florida Statutes

506.35  Containers; illegal use.--No person or corporation other than the owner or proprietor of such name, mark or device shall fill or cause to be filled with milk, cream, ice cream, coated ice cream, imitation ice cream, ice-cream mixtures or compounds or any other similar product frozen substantially to the consistency of ice cream, or shall sell, buy, give, take, possess, use, dispose of or traffic in any box, siphon, tin, ice-cream container, package, wrapper, cabinet, refrigerator, equipment or other receptacle or container which is so marked or distinguished with or by any name, mark or device, a description of which shall have been filed as provided in s. 506.31; or shall deface, obliterate, destroy, cover up or otherwise remove or conceal any such name, mark or device thereon, without the written consent of, or unless the same shall have been purchased from, the owner or proprietor thereof; provided, however, that no person or corporation to whom such milk, cream, ice cream, coated ice cream, imitation ice cream, ice-cream mixtures or compounds or any other similar product frozen substantially to the consistency of ice cream, shall have been delivered in bottles, boxes, tins, ice-cream containers, packages, wrappers, cabinets, refrigerators, equipment or other receptacles or containers by the owners or proprietors thereof, shall be deemed to have violated the provisions of this law by having in his or her possession any such marked receptacles, unless such person or corporation, willfully and with the intention of unlawfully converting, retains such receptacles for a period longer than is reasonably necessary after the contents placed therein by the owner or proprietor thereof have been removed therefrom.

History.--s. 7, ch. 21969, 1943; s. 662, ch. 97-103.