Kansas Statutes 65-3428. Plastic bulk merchandise container sales; definitions; requirements
Terms Used In Kansas Statutes 65-3428
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fund: means the drycleaning facility release trust fund. See Kansas Statutes 65-34,142
- Person: means individual, partnership, firm, trust, company, association, corporation, individual or individuals having controlling or majority interest in a corporation, institution, political subdivision, state agency or federal department or agency. See Kansas Statutes 65-3402
- Retailer: means any business that: (1) Is registered for purposes of the Kansas retailers sales tax act and provides drycleaning, or drycleaning and laundry, services to final consumers; or (2) has provided a drycleaning, or drycleaning and laundry, facility with a resale exemption certificate and is responsible for charging and collecting retailers' sales tax from final consumers of drycleaning or laundry services. See Kansas Statutes 65-34,142
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) As used in this section:
(1) “Plastic bulk merchandise container” means a plastic crate, pallet or shell used by a product producer, distributor or retailer for the bulk transportation or storage of retail containers of milk, eggs, bakery items or bottled beverage products.
(2) “Proof of ownership” includes a bill of sale or other evidence showing that an item has been sold to the person possessing the item.
(b) A person who is in the business of recycling, shredding or destroying plastic bulk merchandise containers:
(1) Shall not pay for the purchase of any plastic bulk merchandise container with cash; and
(2) shall, for each transaction in which the person purchases one or more plastic bulk merchandise containers, make or obtain a record of the method of payment used to purchase the containers.
(c) A person who is in the business of recycling, shredding or destroying plastic bulk merchandise containers, before purchasing five or more plastic bulk merchandise containers from the same person, shall:
(1) Obtain from that person proof of ownership for the containers;
(2) make or obtain a record that contains:
(A) The name, address, telephone number and the identifying number from the seller’s driver’s license, military identification card, passport or personal identification card of the person or the person’s authorized representative. For the purpose of this subsection, the identifying number from an official governmental document for a country other than the United States may be used to meet this requirement only if a legible fingerprint is also obtained from the seller;
(B) a copy of the identification card or document containing such identifying number;
(C) the name and address of the buyer of the containers or any consignee of the containers;
(D) a description of the containers, including the number of the containers to be sold; and
(E) the date of the transaction;
(3) verify the identity of the individual selling the containers or representing the seller from a driver’s license or other government-issued identification card that includes the individual’s photograph, and record the verification; and
(4) attach the record made or obtained pursuant to subsection (b)(2) to the record made or obtained pursuant to this subsection.
(d) Any person who violates the provisions of this section shall be liable for the payment of a civil penalty not to exceed $10,000 for each violation, recoverable in an individual action brought by the attorney general or county or district attorney. Each cash transaction made in violation of this section is a separate violation for purposes of imposing a penalty pursuant to this section.
(e) Any civil penalty sued for and recovered by the attorney general shall be paid into the state general fund. Any civil penalty sued for and recovered by a county or district attorney shall be paid into the general fund of the county in which the proceedings are instigated.