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

(5) steel material in excess of one ton, except that a written record shall be kept of each purchase of a stainless steel beer keg.

B. The record shall be in English and shall include:

(1) the place and date of the purchase;

(2) the name and address of each person from whom the regulated material is purchased or obtained;

(3) the identifying number of the personal identification document of each person from whom the regulated material is purchased or obtained;

(4) the year, make, model and license plate number of the motor vehicle used to transport the regulated material;

(5) a description made in accordance with the custom of the trade of the type and quantity of regulated material purchased;

(6) the statement required by Paragraph (2) of Subsection A of Section 57-30-4 NMSA 1978; and

(7) the written documentation required for certain transactions pursuant to Section 57-30-2.4 NMSA 1978, if applicable.

C. A secondhand metal dealer may take a digital photograph, with a date and time stamp, of:

(1) the seller of the regulated material; and

(2) the regulated material in the form in which it was purchased or obtained by the secondhand metal dealer.

History: Laws 2008, ch. 29, § 5; 2012, ch. 29, § 4; 2012, ch. 33, § 4; 2016, ch. 51, § 2.

The 2016 amendment, effective May 18, 2016, amended the Sale of Recycled Metals Act to include "lead material"; in Subsection A, added new Paragraph (3) and redesignated the succeeding paragraphs accordingly; and in Subsection B, Paragraph (7), after "Section", deleted "16 of this 2012 act" and added "57-30-2.4 NMSA 1978".

The 2012 amendment, effective July 1, 2012, required secondhand metal dealers to maintain written documentation indicating that the seller is the owner of or has permission from the owner to sell certain regulated material; authorized secondhand metal dealers to take photographs of sellers and the regulated material; in Subsection A, after "dealer's business", deleted "from a person"; in Subsection B, added Paragraph (7); and added Subsection C.