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 alert system, maintained by the institute of scrap recycling industries or its successor organization; and
(4) keep all employees who are involved in the purchasing or receiving of regulated material apprised of alerts received on theft of regulated material in the geographic area.
B. A secondhand metal dealer who becomes aware that the dealer is in possession of regulated material that was stolen or unlawfully obtained shall not remove the material from the dealer's premises and shall report the same to a local law enforcement agency within twenty-four hours.
History: Laws 2012, ch. 29, § 15 and Laws 2012, ch. 33, § 15.
Effective dates. — Laws 2012, ch. 33, § 17 made Laws 2012, ch. 33, § 15 effective July 1, 2012.
Compiler's notes. — Laws 2012, ch. 29, § 15 and Laws 2012, ch. 33, § 15 enacted identical new sections. The section was set out as enacted by Laws 2012, ch. 33, § 15. See 12-1-8 NMSA 1978.
Structure 2021 New Mexico Statutes
Chapter 57 - Trade Practices and Regulations
Article 30 - Sale of Recycled Metals
Section 57-30-1 - Short title.
Section 57-30-2 - Definitions.
Section 57-30-2.1 - Issuance of registration; period of registration.
Section 57-30-2.2 - Secondhand metal dealers; registration required; application; fee.
Section 57-30-2.3 - Duties of secondhand metal dealers.
Section 57-30-2.4 - Restricted transactions; additional documentation required.
Section 57-30-3 - Notice to sellers.
Section 57-30-4 - Information provided by seller.
Section 57-30-5 - Record of purchase.
Section 57-30-6 - Preservation of records.
Section 57-30-7 - Inspection of records by peace officers; holds on property.
Section 57-30-8 - Furnishing of report to department.
Section 57-30-10 - Powers and duties of superintendent.
Section 57-30-11 - Waiting period for disposal of regulated material.
Section 57-30-12 - Prohibited acts.
Section 57-30-13 - Civil penalty; suspension or revocation of registration.