§ 51-35-02 — Records of purchase, trade, barter, or transaction required

North Dakota § 51-35-02

• Jurisdiction: North Dakota
• Title 51: Sales and Exchanges
• Ch. 51-35: Purchases by Scrap Metal Dealers

Text

1. Every scrap metal dealer shall keep business records of any purchase, trade, barter,
or other transaction that involves the receipt of scrap metals worth over fifty dollars.
The business records must include the following information:
a. The date, time, and place of each purchase or transaction;
b. A description of the scrap metal received and the weight and type of scrap metal
received;
c. The amount paid to the person selling or delivering the scrap metal and the
manner of payment, including check or electronic transfer;
d. The name and address of the person selling or delivering the scrap metal; and
e. A photocopy of a valid government-issued identification card or driver's license
and which must include the seller's or deliverer's full name, photograph, date of
birth, and signature.
f. For a detached used catalytic converter, either:
(1) Written evidence of ownership of the catalytic converter purchased from the
person, including a bill of sale, a receipt for repair of the vehicle the catalytic
converter was removed from, or the title, registration, or other ownership
documentation for the vehicle from which the catalytic converter was
removed; or
(2) A signed statement of ownership by the seller.

2. Every scrap metal dealer shall keep the business records required under this section
at the business premises of the scrap metal dealer or other reasonably available
location within this state for seven years after the date of each purchase or transaction
for which business records are required under this section.
3. A scrap metal dealer may not pay cash for scrap metal purchases or transactions over
one thousand dollars or for any purchase or transaction over one hundred dollars for a
detached used catalytic converter, but may only pay by check or electronic transfer.
4. Each scrap metal dealer's premises must be kept open during regular business hours
for inspection by a law enforcement officer and each scrap metal dealer's business
records and business inventory must be made available for inspection by a law
enforcement officer at all times during reasonable business hours or at reasonable
times if ordinary hours of business are not kept. All business records required under
this section for transactions involving a detached used catalytic converter must be
made available for inspection by a law enforcement officer upon request.
5. Before a law enforcement officer may conduct an inspection under this section, the law
enforcement officer shall inform the scrap metal dealer that the individual is a law
enforcement officer and shall inform the scrap metal dealer of the purpose of the
inspection. The law enforcement officer shall comply with all reasonable and
customary safety requirements of the scrap metal dealer on the business premises.
6. The scrap metal dealer may require a law enforcement officer to sign an inspection log
that includes the officer's name and serial or badge number and the date, time, and
purpose for the inspection.
7. The provisions of this chapter shall take precedence over and supersede any local
ordinance adopted by a political subdivision that regulates scrap metal transactions.