New Jersey Metal Scrap Statute
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
Materials Covered and Other Definitions
"Scrap Metal" means used, discarded, or previously owned items that consist predominantly of ferrous metals, aluminum, brass, copper, lead, chromium, tin, nickel, or alloys.
"Scrap Metal Business" means a commercial establishment which, as one of its principal business purposes, purchases scrap metal for purposes of resale or processing.
Recordkeeping
The Operator of a scrap metal business shall, before receiving or purchasing any Scrap Metal from a Deliverer or Seller:
- Verify their identity by examining a valid government-issued photo ID, and
- Make a copy of the ID and record the identifying number.
For receipts or purchases in excess of 100 lbs. or $50, whichever is less, record:
- The date of receipt or purchase of the Scrap Metal;
- The name and address of the Deliverer or Seller;
- The type and number of the Deliverer or Seller's identification;
- A copy of the identification;
- A description of the Scrap Metal, including its type, amount, and form;
- The signature of the Deliverer or Seller; and
- Any other information required by the Attorney General.
Retention
Records for receipts or purchases in excess of 100 lbs. or $50 must be maintained for 5 years. The retention period for the identifying number and copy of photo ID collected for all transactions is not specified.
Inspection
An Operator must make any records maintained available, upon request, to any law enforcement agency or official investigating the possible theft or resale of scrap metals.
Reporting
An Operator shall immediately report to an appropriate law enforcement agency any delivery or sale of Scrap Metal under circumstances that would cause a reasonable person to believe the Scrap Metal was probably stolen or otherwise inappropriately obtained.
Any person who reports information to a law enforcement official or agency concerning the suspect delivery or sale of Scrap Metal shall be immune from any civil liability for the report unless they acted in bad faith or with malicious intent.
Penalties
Any violations are:
- 1st or 2nd offense: disorderly persons offenses;
- 3rd or subsequent: crimes of the fourth degree.