Chapter 266 of the General Laws, as appearing, is hereby amended in section 128, by adding at the end of the first paragraph the following new paragraph:

“Any person who intentionally removes a bulk merchandise container that is used by a product producer, distributor or retailer or agent thereof which is used as a means for the bulk transportation, storage or carrying of retail products such as milk, eggs, bottled beverage products, bakery products from the premises of a store or other retail mercantile establishment, without the consent of the merchant given at the time of such removal, with the intention of permanently depriving the merchant of the possession, use or benefit of such container; shall be punished for a first offense by a fine not to exceed one hundred dollars, for a second offense by a fine of not less than one hundred nor more than two hundred fifty dollars and for a third or subsequent offense by a fine of not more than five hundred dollars or imprisonment in a jail for not more than six months, or by both such fine and imprisonment.  Where the retail value of the containers obtained equals or exceeds one hundred dollars, any violation of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment in the house of correction for not more than one year, or by both such fine and imprisonment.”