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§ 1943.3. Identification requirements for sale of scrap materials to scrap processors and recyc...

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 73 P.S. Trade and CommerceEffective: December 8, 2008

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 73 P.S. Trade and Commerce (Refs & Annos)
Chapter 27A. Scrap Material Theft Prevention Act
Effective: December 8, 2008
73 P.S. § 1943.3
§ 1943.3. Identification requirements for sale of scrap materials to scrap processors and recycling facility operators
Currentness
(a) General rule.--A scrap processor and recycling facility operator shall collect the following information for all transactions by a seller of restricted material under section 51 and from any other seller when the purchase of scrap material from the seller exceeds $100:
(1) A photocopy of the driver's license of the seller.
(2) The seller's and buyer's signature for each transaction.
(3) The license plate number of the motor vehicle the seller operates at the time of the transaction.
(4) Written permission of the seller's parent or legal guardian, if the seller is under 18 years of age.
(5) The date and time of the transaction.
(6) A description of the scrap material included in the transaction, including the weight of the scrap material and the amount paid to the seller.
(b) Tracking the transaction.--A scrap processor and recycling facility operator shall, when payment is made in cash, develop methods of tracking a transaction that obtains the seller's signature on a receipt for the transaction. The receipt shall include a certification that the seller is the owner or authorized seller of the scrap material.
(c) Holding period.--
(1)(i) Following notification, either verbally or in writing, from a law enforcement officer that certain scrap materials have been reported as stolen, a scrap processor or recycling facility operator that is in possession of the scrap material in question shall hold that scrap material intact and safe from alteration, damage or commingling and shall place an identifying tag or other suitable identification upon the scrap material.
(ii) A law enforcement officer making a verbal request shall provide the scrap processor or recycling facility operator, upon request, with the officer's name, badge number and department contact telephone number so that the scrap processor or recycling facility operator may call back to confirm the identity of the law enforcement officer.
(2) Within 24 hours of notification by the law enforcement officer or 24 hours of the receipt of the material, whichever is later, the scrap processor or recycling facility operator shall notify the law enforcement officer that scrap material matching the law enforcement officer's description is on the premises.
(3) The scrap processor or recycling facility shall hold the scrap material for a period of time as directed by the applicable law enforcement agency, up to a maximum of 48 hours following notification, unless extended pursuant to paragraph (5).
(4) A law enforcement officer shall not place a hold on any scrap material unless that law enforcement officer reasonably suspects that the scrap material is lost or stolen. The request to hold scrap material shall be as specific as possible by using descriptive language, including, but not limited to, the type and the style of the material, length or weight or any other such description to identify the material to be held. Any hold that is placed on scrap material shall not exceed 48 hours, and the scrap material must be returned to the owner or released when the hold has been released or has expired.
(5) A holding period may be extended beyond 48 hours only upon the order of a magisterial district judge after the magisterial district judge has determined that probable cause exists that the scrap material is lost or stolen.
(6) A scrap processor or recycling facility operator that receives material that does not meet the description of materials being sought by a law enforcement officer may dispose of that material at its discretion.
(d) Maintenance of records.--The information required by this section shall be maintained by the scrap processor or recycling facility operator for a minimum of two years from the date of the transaction.

Credits

2008, Oct. 9, P.L. 1408, No. 113, § 3, effective in 60 days [Dec. 8, 2008].

Footnotes

1
73 P.S. § 1943.5.
73 P.S. § 1943.3, PA ST 73 P.S. § 1943.3
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document