Section 57-30-11 – Waiting period for disposal of regulated material.
A secondhand metal dealer shall not process or permit to be removed from the dealer’s premises regulated material until at least twenty-four hours have elapsed since the dealer acquired the regulated material. History: Laws 2008, ch. 29, § 11; 2012, ch. 29, § 10; 2012, ch. 33, § 10. ANNOTATIONS The 2012 amendment, effective July […]
Section 57-30-12 – Prohibited acts.
A person shall not, with the intent to deceive: A. display to a secondhand metal dealer a false or invalid personal identification document in connection with the person’s attempted sale of regulated material; B. make a false material statement or representation to a secondhand metal dealer in connection with: (1) that person’s execution of a […]
Section 57-30-13 – Civil penalty; suspension or revocation of registration.
A. A person who violates any provision of the Sale of Recycled Metals Act may be assessed a civil penalty by the superintendent not to exceed one thousand dollars ($1,000) per violation. B. The superintendent may suspend or revoke the registration of a secondhand metal dealer when the superintendent finds that the dealer has intentionally […]
Section 57-30-14 – Applicability.
The provisions of the Sale of Recycled Metals Act shall not apply to a purchase of regulated material from a manufacturing, industrial or other commercial vendor that sells regulated material in the ordinary course of the vendor’s business. History: Laws 2008, ch. 29, § 15. ANNOTATIONS Compiler’s notes. — Laws 2008, ch. 29, § 15 […]
Section 57-30-2.3 – Duties of secondhand metal dealers.
A. A secondhand metal dealer shall: (1) maintain a valid registration, issued by the department, and comply with the requirements of the Sale of Recycled Metals Act and rules promulgated pursuant to that act; (2) comply with all federal requirements for scrap metal dealers, including maintaining storm water permits; (3) register for the metal theft […]
Section 57-30-2.4 – Restricted transactions; additional documentation required.
A. A secondhand metal dealer shall not purchase any of the following without written documentation indicating that the seller is the rightful owner or has permission from the rightful owner or that the material was otherwise lawfully obtained: (1) infrastructure grade regulated material that has been burned to remove insulation, unless the seller can produce […]
Section 57-30-3 – Notice to sellers.
A. A secondhand metal dealer shall at all times maintain in a prominent place in the dealer’s place of business, in open view to a seller of regulated material, a notice in two-inch lettering that: (1) includes the following language: “A PERSON ATTEMPTING TO SELL REGULATED MATERIAL MUST PRESENT SUFFICIENT IDENTIFICATION AS REQUIRED BY STATE […]
Section 57-30-4 – Information provided by seller.
A. A person attempting to sell regulated material to a secondhand metal dealer shall: (1) display to the secondhand metal dealer the person’s personal identification document; (2) sign a written statement provided by the secondhand metal dealer that the person is the legal owner of or is lawfully entitled to sell the regulated material offered […]
Section 57-30-5 – Record of purchase.
A. A secondhand metal dealer in this state shall keep an accurate and legible written record, in a form approved by the department, of each purchase made in the course of the dealer’s business of: (1) copper or brass material; (2) bronze material; (3) lead material; (4) aluminum material in excess of ten pounds; or […]
Section 57-30-6 – Preservation of records.
A secondhand metal dealer shall preserve each record required by Section 57-30-5 NMSA 1978 until the first anniversary of the date the record was made. History: Laws 2008, ch. 29, § 6; 2012, ch. 29, § 5; 2012, ch. 33, § 5. ANNOTATIONS The 2012 amendment, effective July 1, 2012, changed the statutory reference to […]