59.1-136.3 - Purchases of nonferrous scrap, metal articles, and proprietary articles.
§ 59.1-136.3. Purchases of nonferrous scrap, metal articles, and proprietaryarticles.
A. Except as provided in § 59.1-136.4, scrap metal processors may purchasenonferrous scrap, metal articles, and proprietary articles from any personwho is not an authorized scrap seller or the authorized agent and employee ofan authorized scrap seller only in accordance with the following requirementsand procedures:
1. At the time of sale, the seller of any nonferrous scrap, metal article, orproprietary article shall provide a driver's license or othergovernment-issued current photographic identification including the seller'sfull name, current address, date of birth, and social security or otherrecognized identification number; and
2. The scrap metal processor shall record the seller's identificationinformation, as well as the time and date of the transaction, the licensenumber of the seller's vehicle, and a description of the items received fromthe seller, in a permanent ledger maintained at the scrap metal processor'splace of business. The ledger shall be made available upon request to anylaw-enforcement official, conservator of the peace, or special conservator ofthe peace appointed pursuant to § 19.2-13, in the performance of his dutieswho presents his credentials at the scrap metal processor's normal businesslocation during regular business hours. Records required by this subdivisionshall be maintained by the scrap metal dealer at its normal place of businessor at another readily accessible and secure location for at least five years.
B. Upon compliance with the other requirements of this section and §59.1-136.4, a scrap metal processor may purchase proprietary articles from aperson who is not an authorized scrap seller or the authorized agent andemployee of an authorized scrap seller if the scrap metal processor complieswith one of the following:
1. The scrap metal processor receives from the person seeking to sell theproprietary articles documentation, such as a bill of sale, receipt, letterof authorization or similar evidence, establishing that the person lawfullypossesses the proprietary articles to be sold; or
2. The scrap metal processor shall document a diligent inquiry into whetherthe person selling or delivering the same has a legal right to do so, and,after purchasing a proprietary article from a person without obtaining thedocumentation described in subdivision 1, shall submit a report to the localpolice or sheriff's department, by the close of the following business day,describing the proprietary article and including a copy of the seller'sidentifying information, and hold the proprietary article for not less than15 days following purchase.
C. Scrap metal processors may purchase nonferrous scrap, metal articles, andproprietary articles directly from an authorized scrap seller and from theauthorized agent or employee of an authorized scrap seller.
(2007, c. 917.)