South Dakota Metal Scrap Statute

"Nonferrous Metal Property," any metal property for which the value of the metal property is derived from the property's content of copper, brass, aluminum, bronze, lead, zinc, platinum, rhodium, palladium, or nickel, or any of their alloys. Aluminum does not include any food or beverage containers, except for a beer keg.

Metal Beer Kegs are subject to special purchase restrictions.

"Scrap Metal Business," any scrap metal supplier, scrap metal recycling center, or scrap metal processor.

"Industrial or Commercial Account," any person or business, including a Scrap Metal Business, operating from a fixed location, that sells Nonferrous Metal to a scrap metal recycler pursuant to a contractual arrangement or agreement.

"Transaction," a pledge to buy, the purchase of, or the trade for any Nonferrous Metal Property by a Scrap Metal Business from any person. A transaction does not include a sale or trade involving any Industrial or Commercial Account.

A Scrap Metal Business must keep records of each Transaction involving the purchase of Nonferrous Metal Property exceeding $100. Records must be a paper, electronic, or other method of storing information and include the following information:

• The date and location of the transaction;
• The value of the transaction;
• The Seller's signature;
• The Seller's name, street address, city, and state;
• The identification number from, or if no number is available, a copy of the Seller's government-issued photo ID card;
• A description of the predominant types of Nonferrous Metal Property involved in the transaction, including the weight, quantity, or volume;
• The name of the employee representing the Scrap Metal Business.

A sale or trade with an Industrial or Commercial Account is exempt from recordkeeping.

Records must be retained for 1 year at the location that the business is conducted.

Records shall be open inspection by any law enforcement officer during all ordinary hours of business or at reasonable times if ordinary business hours are not kept.

Upon request by a law enforcement officer, a Scrap Metal Business must report a requested copy of a transaction record within 2 business days.

A Scrap Metal Business with good cause to believe any Nonferrous Metal in its possession is lost or stolen must promptly report the following to a law enforcement officer:

• The fact that the Scrap Metal Business believes the metal was lost or stolen;
• The name of the owner of the Nonferrous Metal, if known;
• The date of the transaction;
• The Seller's name.

Up to a 10 business day tag and hold by request of a law enforcement officer that reasonably suspects an item of Nonferrous Metal Property has been lost or stolen, or if a law enforcement officer has notified the business that an item has been stolen. The business must hold the property safe from alteration, damage, or commingling, and place an identifying tag or other suitable identification on it. If the property is determined not to be lost or stolen it must be returned to the owner or released.

If a metal beer keg, whether damaged or not, is clearly marked as the property of a brewery manufacturer, or if the identification markings were made illegible, a Scrap Metal Business may not purchase the keg except from the brewer or its authorized representative. Violation of the purchase restriction on beer kegs is a Class 2 misdemeanor.