Please Note: Amendments by 2016 Utah HB 269 to the Penalties provision, effective May 10, 2016, are included and noted in this summary.
"Regulated Metal" includes any item composed primarily of nonferrous metal as well as following, but excludes ferrous metals not listed, household-generated recyclables, items composed wholly of light iron or sheet steel, aluminum beverage containers, or containers used solely for containing food:
"Ferrous Metal" means a metal that contains significant quantities of iron or steel.
"Nonferrous Metal" means a metal that does not contain significant quantities of iron or steel, including copper, brass, aluminum, bronze, lead, zinc, nickel, and their alloys.
"Suspect Metal Items" are the following items made of regulated metal:
"Catalytic Converter" means a motor vehicle exhaust system component that reduces vehicle emissions by breaking down harmful exhaust emissions.
A Manhole cover or sewer grate, an electric light pole, or a guard rail is subject to special recordkeeping requirements and payment restrictions.
"Dealer" means any scrap metal processor, secondary metals dealer or recycler, or a metals refiner, but does not include:
"Scrap Metal Processor" means any person who, from a fixed location, utilizes machinery and equipment for processing and manufacturing iron, steel, or nonferrous scrap into prepared grades; and whose principal product is scrap iron, scrap steel, or nonferrous metallic scrap, not including precious metals, for sale for remelting purposes.
"Secondary Metals Dealer or Recycler" means any person who is engaged in the business of purchasing, collecting, or soliciting regulated metal; or operates or maintains a facility where regulated metal is purchased or kept for shipment, sale, transfer, or salvage.
"Metals Refiner" means an individual or business that refines or melts any Regulated Metal, but does not include an individual or business that primarily uses ore, concentrate, or other primary materials in refining, melting, or producing any Regulated Metal.
"Junk Dealer" means all persons, firms, or corporations engaged in the business of purchasing or selling secondhand or castoff material, including ropes, cordage, bottles, bagging, rags, rubber, paper, and other like materials, but not including Regulated Metal.
"Identification" means a United States' state or federal government issued form of ID with a numerical identifier, photograph, and date of birth of the person identified.
From the Recordkeeping provision and the Special Recordkeeping and Payment Requirements provision (covering certain government property or "Suspect Metal"), the law exempts a business with an established account if the business has a valid business license and one of the following apply:
Dealers must record the following in English in a written or electronic log for each transaction of regulated metal:
One of the following:
For repeat Sellers using the same delivery vehicle, A Dealer may maintain the record information provided above from an initial transaction and relate subsequent transactions to that initial record, except for each transaction the Dealer must also record:
For purchases of Suspect Metal Items, Dealers must also obtain the following information in writing provided by the owner of the item:
For purchases of a manhole cover or sewer grate, an electric light pole, or a guard rail, in addition to the recordkeeping requirements for Regulated Metals, a Dealer must either:
Records must be retained for at least 3 years from the date of entry.
Records must be open to inspection during regular business hours by the following officers with jurisdiction over the Dealer's business area: county sheriff or deputies; any law enforcement agency; and any constable or other state, municipal, or county official in the county in which the dealer does business. Upon request, the Dealer shall make records available for inspection by any law enforcement agency during regular business hours.
Dealers must maintain at their place of business the following clearly legible notice in 2 inch high lettering in a prominent place in open view to a Seller of Regulated Metal:
A PERSON ATTEMPTING TO SELL ANY REGULATED METAL MUST PROVIDE IDENTIFICATION AS REQUIRED BY STATE LAW.
A Dealer may not purchase Regulated Metal from a person who is younger than 18 or who fails to provide the information required under the Recordkeeping provision.
A Dealer may only purchase Regulated Metal between 6 AM and 7 PM.
A Dealer must hold Regulated Metal for 60 days after receiving a written hold notice from a law enforcement agency that identifies the items alleged stolen and subject to the hold and informs the dealer of the hold requirements. The hold may be released earlier by the law enforcement agency or by order of a court of competent jurisdiction. On the expiration of the hold notice period the hold is automatically released, and the Dealer may dispose of the Regulated Metal unless otherwise directed by a court of competent jurisdiction.
Any Dealer who violates the law is guilty of a class C misdemeanor and subject to a mandatory fine of no less than $750 if convicted, or a class A misdemeanor for a subsequent violation and a mandatory fine of no less than $2,500 if convicted.
Any Seller who, in providing the information required, willfully makes a false statement or provides untrue information is guilty of a class B misdemeanor and subject to a mandatory fine of no less than $1,000 if convicted, or a class A misdemeanor for a subsequent violation and a mandatory fine of no less than $2,500 if convicted.
A Seller or Dealer may be charged with any other criminal offense related to obtaining, possessing, or selling stolen Regulated Metals.
Under Section 76-6-412.5, a person who commits or attempts a theft of Regulated Metal and causes damage to any person's real or personal property other than the Regulated Metal in the course of the theft is liable for restitution of all costs incurred due to the damage.
The law does not impair the authority of a county or municipality:
©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.