Is Taking a Milk Crate a Crime in Massachusetts?
Massachusetts wrote a statute for milk cases. M.G.L. c. 266, sec. 144 covers carrying away or converting to your own use a plastic or wire milk case, or a plastic or wire container for milk products, that has been indelibly stamped with the name of a milk dealer or an association of milk dealers, without the owner’s permission. The fine is not less than $10 and not more than $100.
The stamped name is the whole hinge
Section 144 is not a general rule about crates. The text requires that the case be indelibly stamped with a dealer’s name or the name of an association of milk dealers. That marking is the element that brings a crate inside the section, and a crate with no such marking is outside it.
This is why the video says it only counts if a dairy’s name is stamped. Without the stamp, section 144 is not the provision in play.
A small penalty, stated plainly
The range is $10 to $100. That is what the Legislature attached to this conduct, and it is worth stating without inflation: this is a fine-only provision with a modest ceiling, not a serious criminal exposure on its own terms.
A neighboring provision
Chapter 266 also contains section 128, which addresses defacing a dealer’s name or mark on a milk can. It is a separate section with separate elements. Section 144 is about taking the case; section 128 is about obscuring the mark.
What this page is not
Whether some other provision of chapter 266 could apply to a real set of facts is not something a general page can answer, and asserting a specific additional charge would be guesswork. Section 144 is the statute the video cites, and the description above is what its text says.
Full transcript of this video
Cold open: Hey. That crate has a dairy's name on it.
Voice over: Three minutes earlier, it was a free crate.
Voice over: Taking that crate is a crime in Massachusetts. Chapter 266, Section 144.
Jim Glaser: This only counts if a dairy's name is stamped. The fine runs ten to a hundred dollars. Look it up at jimmyknows.ai.
Voice over: Send this to the friend whose crate has a name.
The actual law
M.G.L. c.266 s.144 (Carrying away or conversion of certain milk containers without permission of owners) on malegislature.gov
Taking away or converting to your own use a plastic or wire milk case, or a plastic or wire container for milk products, that has been indelibly stamped with the name of a milk dealer or an association of milk dealers, without the owner's permission. The stamped dealer name is the operative element: an unmarked crate is outside this section. Massachusetts also separately punishes defacing a dealer's name or mark on a milk can under c. 266, sec. 128.
carries away or converts to his own use a plastic or wire milk case ... shall be punished by a fine of not less than ten and not more than one hundred dollars.
Penalty as written: A fine of not less than $10 and not more than $100.
Common questions
Does the crate have to be marked for section 144 to apply?
Yes. The statute reaches a plastic or wire milk case, or a plastic or wire container for milk products, that has been indelibly stamped with the name of a milk dealer or an association of milk dealers. The stamped name is the operative element, which puts an unmarked crate outside this section.
What is the penalty under the Massachusetts milk crate statute?
A fine of not less than $10 and not more than $100. The range is small, and the statute does not attach jail time to it.
Is there a related statute about defacing the dealer's name?
Yes. M.G.L. c. 266, sec. 128 separately addresses defacing a dealer's name or mark on a milk can. It is a distinct provision from section 144 with its own text.
Could taking a crate lead to a different charge?
Depending on the facts, conduct involving someone else's property can implicate other provisions of chapter 266. This page describes what section 144 says and nothing more; whether any other charge fits a real situation is a question for a lawyer looking at that situation.
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This video and the text on this page are general legal information, not legal advice, and do not create an attorney-client relationship. Massachusetts law is fact-specific; telephone Jim Glaser Law about your particular situation. Past results do not guarantee future outcomes. Attorney advertising under Mass. R. Prof. C. 7.1 to 7.5. Responsible attorney: Jim Glaser, admitted in MA only, of counsel to Keches Law. Principal office: 77 Pond St., Sharon, MA. Most cases referred to other jurisdictionally licensed lawyers for principal liability. This video uses an AI-generated likeness and voice of Attorney Jim Glaser, with his permission.