Unwanted household items, collection of deemed unfair business practice, when
This law is about those big donation or drop-off boxes people see in parking lots where others leave used household stuff. If a business puts out one of these boxes, it has to put a big, clear sign on the box telling people exactly who gets the money — whether it is the business itself, a charity, or both. The sign letters must be a primary color on a white background and at least two inches tall and wide. The box also has to show the name, address, and phone number of whoever owns and runs it. The owner of the box also needs written permission from the property owner to place it there. If the box has no contact info on it, it is considered abandoned and the property owner can keep or destroy it. This law does not apply to recycling boxes for paper, glass, or aluminum.
407.485. Unwanted household items, collection of , when — s, requirements. — 1. It shall be an unfair business practice in violation of for a or to collect unwanted household items via a public receptacle and resell the deposited items for profit unless the deposited item receptacle prominently displays a statement in bold letters at least two inches high and two inches wide stating: "DEPOSITED ITEMS ARE NOT FOR AND WILL BE RESOLD FOR PROFIT. DEPOSITED ITEMS ARE NOT .".
2. It shall be an unfair business practice in violation of section 407.020 for a for-profit entity or natural person to collect donations of unwanted household items via a public receptacle and resell the donated items where some or all of the from the sale are directly given to a unless the donation receptacle prominently displays a statement in bold letters at least two inches high and two inches wide stating: "DONATIONS TO THE FOR-PROFIT COMPANY: (name of the company) ARE SOLD FOR PROFIT AND (% of proceeds donated to the ) % OF ALL PROCEEDS ARE DONATED TO (name of the nonprofit organization's name).".
3. It shall be an unfair business practice in violation of section 407.020 for a for-profit entity or natural person to collect donations of unwanted household items via a public receptacle and resell the donated items, where such for-profit entity is paid a flat fee, not the proceeds generated by the sale of the collected goods, and one hundred percent of the proceeds from the sale of the items are given directly to the not-for-profit, unless the donation receptacle prominently displays a statement in bold letters at least two inches high and two inches wide stating: "THIS DONATION RECEPTACLE IS OPERATED BY THE FOR-PROFIT ENTITY: (name of the for-profit/individual) ON BEHALF OF (name of the nonprofit beneficiary organization's name).".
4. It shall be an unfair business practice in violation of section 407.020 for a not-for-profit entity to collect donations of unwanted household items via a public receptacle and resell the donated items unless the donation receptacle prominently displays a statement in bold letters at least two inches high and two inches wide stating: "THIS RECEPTACLE IS OWNED AND OPERATED BY THE NOT-FOR-PROFIT ENTITY: (name of the not-for-profit/charity) AND (% of proceeds donated to the not-for-profit) % OF THE PROCEEDS FROM THE SALE OF ANY DONATIONS SHALL BE USED FOR THE CHARITABLE MISSION OF (charity name/charitable cause).".
5. The term "bold letters" as used in subsections 1, 2, and 3 of this section shall mean a primary color on a white background so as to be clearly visible to the public.
6. Nothing in this section shall apply to paper, glass, or aluminum products that are donated for the purpose of being recycled in the of other products.
7. All receptacles described in this section shall display the name, address, and telephone number of the owner and of the receptacle. The owner or operator of the receptacle shall maintain permission to place the receptacle on the property from the property owner or his or her where the receptacle is located. Such permission shall be in writing and clearly identify the owner of the receptacle and property owner or his or her agent in addition to the nature of the collections and where proceeds will be . Failure to secure such permission shall constitute an unfair business practice in addition to any other statutory conditions. Unless otherwise agreed upon in writing, the property owner or his or her agent may remove the receptacle. Any charges incurred in such removal shall be the responsibility of the owner of the receptacle. Unless the receptacle owner pays such charges within thirty days of the sending of a written from the property owner stating his or her intent to remove the receptacle, the receptacle owner shall any right to the receptacle. If the receptacle does not conspicuously display the name, address, and telephone number of the owner and operator of the receptacle, the receptacle shall be considered and may be destroyed or permanently possessed by the property owner or their agent.
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Source & history notes
(L. 2007 S.B. 384, A.L. 2009 H.B. 698, A.L. 2013 S.B. 157 and S.B. 102, A.L. 2014 H.B. 1298 Revision, A.L. 2018 S.B. 975 & 1024 Revision)
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.