HOUSE DOCKET, NO. 881        FILED ON: 1/13/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 328

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act Relative  to Scrap Metal Dealers..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 140 of the General Laws is hereby amended by inserting after section 54A the following section:-

 Section 54B. Applies to any activity licensed under Sections 54 and 54A

A dealer licensed under section 54 shall comply with the following procedures when purchasing any metal product. Excluding metal recyclers or metal refiners who purchase used, spent or encapsulated metals by means of a purchase order and invoicing.

(a) The Dealer shall keep a daily transaction log, in the English language, an account and description of all materials purchased (i.e. copper wire, copper tubing, aluminum windows, etc.), the quantity purchased (i.e. pounds, tons etc.) the material grade (i.e. #1 copper, etc.) and any unique distinguishing characteristic observed, if any, along with the name and residence of the person selling the metal. The record file shall be retained by the Dealer for a period of one (1) year from the date of the transaction. Accompanying documentation may be destroyed following the one year period. If documentation is stored electronically said documents must be stored or backed-up by any current electronic means and may be deleted at the completion of the one year period.

 (b)  The Dealer shall ascertain the identity of the seller of the metals by requiring him to produce a Massachusetts photo identification, and maintaining a copy of the same in the record of transaction.

            (c)  During the one year period, the log shall be open for inspection by the state and local police.

            (d)  Failure to comply with the above procedures shall be cause for the revocation of the dealer’s license.