Marked Containers for Milk and Milk Products.

Ala. Code tit. 8, ch. 12, art. 4

in effect

Ala. Code § 8-12-40 Purchase, Sale, Etc., of Container Upon Which Name Appears.

8-12-40. Purchase, Sale, Etc., of Container Upon Which Name Appears. It shall be unlawful for any person, firm, or corporation, other than the owner thereof, to purchase, offer to purchase, sell, offer to sell, or transport for sale any bottle, can, crate, or other container upon which or in which, appears in permanent form, the name, trade name, or trademark of the owner thereof, in which milk or milk products are sold and delivered with the understanding at the time of such sale and delivery of the contents thereof that such bottle, can, crate, or container is the property of the person, firm, or corporation whose name, trade name, or trademark is designated in permanent form thereon or therein; provided, that this section shall not apply to the manufacturers of such bottles, cans, crates, or like containers, nor shall it apply to purchasers at execution sales or other judicial sales; provided further, that any person, firm, or corporation who may sell or otherwise dispose of his, their, or its business in bulk may transfer his, their, or its bottles, cans, crates, or containers to his, their, or its vendee by bill of sale; provided further, that the provisions of this section shall not apply to bottle exchanges which are operated by or patronized by the owners of such bottles, cans, crates, or like containers. (Acts 1931, No. 703, p. 827; Code 1940, T. 2, §402.)

Ala. Code § 8-12-41 Presumption of Ownership.

8-12-41. Presumption of Ownership. Whenever the name, trade name, or trademark of any person, firm, or corporation appears in permanent form upon, or in, any milk bottle, can, crate, or container of any kind in which milk or milk products are sold and delivered, such fact shall create a rebuttable presumption that such person, firm, or corporation is the owner thereof. (Acts 1931, No. 703, p. 827; Code 1940, T. 2, §403.)

Ala. Code § 8-12-42 Possession by Secondhand or Junk Dealer Prima Facie Evidence of Violation.

8-12-42. Possession by Secondhand or Junk Dealer Prima Facie Evidence of Violation. The use, possession, or control by any person, firm, or corporation engaged in the business of buying, selling, renting, receiving, storing, transporting, or dealing in secondhand merchandise or junk of any milk bottle, can, crate, carton, or container which has marked thereon or therein, in permanent form, the name of any dairy, dairyman, milk producer, milk distributor, milk vendor, or milk dealer shall be prima facie evidence of the violation of Section 8-12-40. (Acts 1931, No. 703, p. 827; Code 1940, T. 2, §404.)

Ala. Code § 8-12-43 Enforcement of Article.

8-12-43. Enforcement of Article. (a) The Commissioner of Agriculture and Industries shall enforce the provisions of this article. (b) The provisions of Article 2, Chapter 2 of Title 2 shall be applicable to this article.

Ala. Code § 8-12-44 Penalty for Violation of Article.

8-12-44. Penalty for Violation of Article. Any person violating any provision of this article, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500, and may also be sentenced to hard labor for not more than six months. (Ag. Code 1927, §611; Code 1940, T. 2, §12.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026