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HD 3558

An Act relative to the theft of bulk merchandise containers

194th Legislature (2025-2026) Introduced by Colleen Garry

The bill creates a new offense for removing bulk merchandise containers from a retailer’s premises without consent, with penalties escalating by offense count and container value.

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Bill Summary · HD 3558

Summary: An Act relative to the theft of bulk merchandise containers (HD 3558)

Overview

This is a proposed Massachusetts bill that would create new penalties for the theft of bulk merchandise containers used by product producers, distributors, or retailers (and their agents) to transport, store, or carry retail goods. The bill adds a specific offense to Chapter 266, §128, targeting thefts of bulk containers such as those used for milk, eggs, bottled beverages, and bakery products.

What the bill does

  • Establishes a new offense for the intentional removal of a bulk merchandise container from the premises of a store or other retail mercantile establishment without the merchant’s consent, with the aim of permanently depriving the merchant of the container or its use.
  • Applies to containers used in bulk transport, storage, or carrying of retail products (examples include milk, eggs, bottled beverages, bakery items).

Key provisions

  • Adds a new paragraph at the end of the first paragraph of Chapter 266, §128.
  • Elements of the offense: removal of a bulk container from a merchant’s premises without consent, with intent to permanently deprive the merchant of the container.
  • Penalties tiered by offense count:
    • First offense: Fine ≤ $100.
    • Second offense: Fine between $100 and $250.
    • Third or subsequent offenses: Fine up to $500 or imprisonment in a jail for up to 6 months, or both.
  • Enhanced penalties if the retail value of the containers obtained is $100 or more:
    • Fine up to $1,000 or imprisonment in the house of correction for up to 1 year, or both.

Who is affected

  • Primary targets: individuals who remove bulk merchandise containers from retail establishments without permission, with the intent to deprive.
  • Affected parties include product producers, distributors, retailers, and their agents who use these containers to handle bulk goods.

Procedural/Timeline notes

  • Bill number: HD 3558; House Docket No. 3558; filed January 17, 2025 (House No. 1717).
  • Introduced in the 2025-2026 General Court session (One Hundred Ninety-Fourth General Court).
  • The bill references a prior, similar measure filed in the 2023-2024 session (House No. 1520).
  • Status in the provided information is not explicitly listed; this is a proposed bill that would amend existing law if enacted.

Potential impact

  • Creates a clear legal remedy and deterrent for theft of bulk containers.
  • Establishes escalating penalties based on offense count and container value, potentially impacting enforcement priorities for retailers and law enforcement.
  • Helps protect retailers’ logistics infrastructure by reducing losses from container theft.

Compiled from official sources — confirm details with the bill’s official record.

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