California Scrap Metal Laws

Payment Restrictions:

Fingerprinting:

Video Recording:

Tag and Hold:

License Scanning:

Vehicle Descriptions:

Taking Photographs of Materials:

Taking Photographs of Customers Faces:

Notify Law Enforcement:

NMVTIS Reporting:

Legal Mandates

Updated January 2014

***Effective January 1, 2014

State Requirements

In order to sell scrap metal, sellers will be required to:

         ·            Agree to allow photocopy of driver's license or state ID card;

         ·            Sign a statement indicating that they are the owner of or are authorized to sell the metal;

         ·            Sign a statement that they have not been convicted of metal theft; 

         ·            Allow the buyer to take a thumbprint;

Buyer’s must:

• Record state and license plate number of sellers vehicle used to transport scrap;
• Keep a record of sellers name, address, and date of sale;
• A video or photograph of the seller and the material being sold, including a description and weight of the material.
• All sales tickets must have date and time and place of the sale, as well as the name of the clerk completing the sale.
  • Must also show the weight, quantity and/or volume of the material.
  • Sales tickets must also show the dollar amount paid for the material.
  • Sales tickets must be signed by the seller.  Seller will receive a copy of the receipt and buyer will retain a copy.

         ·            Buyer must report purchased vehicle information to NMVTIS

         ·            Tag and hold policies are in effect for a minimum of 90 days

NOTE:  Know your City and County laws.  They may differ from the state laws.

Scrap recyclers must maintain a record of all purchases for a minimum of 2 years and is subject to inspection by any law enforcement at any time. There is a 90-day tag-and-hold policy when notified by law enforcement to do so. (Not applicable for non-ferrous metals or beverage containers when transaction is less than $20).

Any purchases must be paid for with a non-transferrable check which will be mailed to the seller’s home or can be picked up in person after a holding period of 3 days. (The 3 business day waiting period shall not apply if the seller completes 5 or more transactions on 5 or more different days each month for 3 consecutive months starting December 1, 2008. The seller must continue to complete 5 or more transactions on 5 or more different days each month in order to continue receiving immediate payment.)

No scrap metal business may purchase or receive beer kegs from anyone except a distributor or manufacturer of beer kegs or licensed brewery.

It is unlawful to purchase parts or vehicles that have had the VIN number removed and/or made unreadable.

It is unlawful to purchase manhole covers, brass or bronze valves or fittings, water meters, aluminum trenches or ramps, street light poles or fittings, guard rails, street signs, air conditioners (unless seller is HVAC certified) or any material owned by the government or utility. 

Links to Other Important Information for California Salvage/Recycling

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=21001-22000&file=21600-21610

http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0451-0500/sb_485_bill_20131003_chaptered.html 

Auto-Parts Salvage/Recycling

• Catalytic converter – see http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=50839920181+2+0+0&WAISaction=retrieve under Core Recycler

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