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Back to Scrap Laws Indiana Metal Scrap Statute
Current as of September 14, 2015

The State Metals Theft Laws summaries are not intended to provide or be relied as a legal advice. This material is provided to serve as a reasonable compilation of the most current state scrap laws and is intended to be a resource or supplement to, and provide ideas for, compliance with all applicable laws. The ISRI State Scrap Laws are subject to change and readers should visit http://www.isri.org/metalstheftdb to make certain they are reading the most recent version of ISRI's summaries of the State Metals Theft Laws

Please Note: 2015 Indiana HB 1396 makes a minor correctional amendment to the law's definition of "disposal facility" that does not impact this summary

Materials Covered and Other Definitions

"Valuable Metal" means any product made of metal that readily may be resold. The term includes metal bossies and small component motor vehicle parts. The term does not include a beverage can, used jewelry regulated under IC 24-4-13, or precious metal regulated under IC 24-4-19.

"Metal Bossie" means a metal 4 wheel cart used to transport or sell food products that are stored in crates, shells, or trays.

"Valuable Metal Dealer" means any entity engaged in the business of purchasing and reselling Valuable Metal either at a permanently established place of business or in connection with a business of an itinerant nature. The term does not include a person who purchases a vehicle and obtains title to the vehicle.

 

Exemptions

Exempts the following Sellers if the Seller provides the Dealer with a bill of sale or other written evidence of title to the Valuable Metal at the time of purchase:

  • Manufacturers of Valuable Metals;
  • Entities engaged in the business of selling Valuable Metals at retail or wholesale;
  • Other Valuable Metal Dealers;
  • Entities engaged in the generation, transmission or distribution of electric energy or in telephone, telegraph and other communications.

Exempts transactions between scrap metal processing facilities as defined in IC 8-23-1-36.

The HVAC and Catalytic Converter - Additional Recordkeeping provisions do not apply to commercial transactions between 2 or more of the following:

  • An entity licensed under IC 9-22-4 as an automotive salvage rebuilder; a disposal facility; or a used parts dealer;
  • A Valuable Metal Dealer.
  • An Automobile Scrapyard (as defined by IC 9-13-2-8).
  • A Scrap Metal Processor (as defined by IC 9-13-2-162).
Recordkeeping

Every Dealer must record the following on forms provided by the State Police Department for purchases of Valuable Metal:

  • The Dealer's name and address;
  • The Date and Place of each purchase;
  • The Seller(s)'s name, address, age, and driver's license or Social Security number;
  • License number from the vehicle used to deliver the Valuable Metal;
  • The price paid;
  • A description and weight of the Valuable Metal;
  • The source of the Valuable Metal;
  • A photograph of the Seller;
  • A photograph of the Valuable Metal;
  • The Seller's signature verifying that the record is accurate.

From a government-issued photo ID used to verify the Seller's identity:

  • The type, name of the issuing agency, and identification number; and
  • A copy of the ID, unless the Dealer has a copy on file already;
HVAC - Additional Recordkeeping

A Dealer may only purchase an air conditioner evaporator coil or condenser, in whole or in part, from a Seller who:

  • Provides a bill of sale or other written documentation that shows the item lawfully came into the Seller's possession;

Acquired the item in the performance of business as one of the following and provides reasonable documentation that they are:

  • An authorized agent of a heating, ventilation, or air conditioning contractor;
  • A person engaged in heating, ventilation, or air conditioning repair.

The Dealer must record a copy of the Seller's documentation in addition to the transaction record. Exempts purchases of window air conditioning units.

Catalytic Converter - Additional Recordkeeping

A Dealer may only purchase or attempt to purchase a catalytic converter, in whole or in part, that is not attached to a motor vehicle from a Seller that presents the Dealer with a:

  • An affidavit executed by a law enforcement officer attesting to the officer's reasonable belief that the item lawfully came into the Seller's possession.

One of the following for the motor vehicle the catalytic converter was taken from:

  • Certificate of title;
  • Certificate of registration;
  • Certificate of authority under IC 9-22-5; or
  • Receipt from a transaction of repair; or

The Dealer must record a copy of the Seller's documentation in addition to the transaction record. Exempts purchases from a used parts dealer or automotive repair company.

Retention

Records shall be retained for 2 years.

Inspection

Records and Valuable Metal subject to the Hold provision shall be made available for inspection by any law enforcement official at any time.

Metal Beer Kegs

A Dealer may not accept a metal beer keg if the keg is clearly marked as the property of a brewery manufacturer or the keg's identification markings have been made illegible.

Hold

5 working day hold "from the date of notification" on any Valuable Metal "requiring notification".

State Police Responsibilities

The State Police shall publish on the State Police web site:

  • The Recordkeeping forms;
  • A list describing Valuable Metal products that are particularly susceptible to theft;
  • Statutes as well as such rules adopted by the Superintendent of the State Police as are necessary to administer and enforce the provisions and intent of the law.
Penalties

A Dealer or Seller who fails to comply commits a Class A infraction.

©2016. The Institute of Scrap Recycling Industries, Inc. All rights reserved.

This summary of State Metals Theft Laws is being viewed on this website under license and is owned and copyrighted by Institute of Scrap Recycling Industries, Inc. ("ISRI"),1615 L Street, N.W., Suite 600, Washington, DC 20036.