Tex. Bus. & Com. Code § 17.30 · Subchapter D. COUNTERFEITING OR CHANGING A REQUIRED MARK; MISUSE OF CONTAINER BEARING MARK
MISUSING DAIRY CONTAINER BEARING PROPRIETARY MARK.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this section, unless the context requires a different definition, "dairy container" includes butter box, ice cream can, ice cream tub, milk bottle, milk bottle case, milk can, and milk jar.
(b) Without the owner's consent, no person may
(1) fill with milk, cream, butter, or ice cream; damage; mutilate; or destroy a dairy container bearing the owner's commonly used proprietary mark; or
(2) wilfully refuse to return on request to the owner a dairy container bearing his commonly used proprietary mark.
(c) Without the owner's written consent, no person may
(1) deface or remove an owner's proprietary mark from a dairy container; or
(2) substitute on a dairy container his proprietary mark for that of the owner.
(d) A person's commonly used proprietary mark on a dairy container is prima facie evidence of that person's ownership of the container.
(e) A person who violates a provision of Subsection (b) or (c) of this section is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $10 nor more than $100.
Notes and commentary — not statutory text
History
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.17.htm
- Text hash
- sha256 10d2d47d2f80826725a48bdf1c6163e34d339ce33c992448a7e0d5495402462b
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.