SECONDARY METALS RECYCLER FREQUENTLY

ASKED QUESTIONS

PROVIDED BY: GEORGIA SHERIFFS' ASSOCIATION & THE C.S.R.A. METAL THEFT TASK FORCE
REVISED 10/01/2012

1.     Who must register as a secondary metals recycler?

0.C.G.A.§10-1-359.1 states effective July 1,2012, any secondary metals recycler who purchases regulated metal property in any amount must register as a secondary metals recycler.

2.     Who is considered a secondary metals recycler?

A secondary metals recycler is any person who purchases secondary metals property which has served its original purpose. Therefore, this applies to the "metal recyclers" who purchase secondary metals, as well as individual businesses who buy old vehicles, 'scrap metal' from individuals businesses, etc.

'Secondary metals recycler' is any person who is engaged, from a fixed location or otherwise, in the
business in this state of paying compensation for regulated metal property that has served its original economic purpose, whether or not engaged in the business of performing the manufacturing process by which regulated metal property is converted into raw material products consisting of prepared grades and having an existing or potential economic value. O.C.G.A. § 10-1-350 (13).

3.     What is regulated metal?

Ferrous metals are any metals that contain significant quantities of iron or steel to include, but not limited to: mild steel (nuts, bolts, screws); carbon steel (drills, hammer head, chisel); cast iron (machine tool parts, brake drums, gear wheels); stainless steel (medical instruments, pipes, kitchen cutlery); wrought iron (ornamental gates, railings) Non-ferrous metals include stainless steel beer kegs and metals not containing significant quantities of iron or steel, including but not limited to: copper, brass, aluminum, bronze, lead, zinc, nickel and alloys. This statute does not include: batteries, aluminum beverage containers (soda cans), used beverage containers, or similar beverage containers.

Note: O.C.G.A. § 43-37-2 addresses registration of dealers of precious metals and gems such as gold.
Your sheriff's office is responsible for their registration IF the business is in the county (providing there is no county police). It is not the same registration form used for secondary metal recyclers.

4.     Does this include the individual who buys scrap metal and hauls it to the recycler to sale?

Yes, according to the statute. Therefore, even a one time purchase of a regulated metal by an individual requires registration.

5.     Are purchasers of vehicles for scrap or parts considered secondary metals recyclers?

Purchases of vehicles for scrap or parts are regulated under Code Section 40-3-36. IF the person buying junk cars has a state used car buyer's license, they do not have to register. Otherwise, the purchaser must register.

6.     How often does the metals recycler register?

The recycler must register annually. Each registration is valid for a twelve month period beginning with the effective date of registration established by the sheriffs' office once all registration requirements are met.

7.  Where are the registration documents maintained?

     All registration documents must be maintained by the sheriff’s office.  You may register at the Early County Jail located at

     18610 E. South Blvd.  For additional information call 229-723-3150. 

8.       Are secondary metals recycler businesses required to post or have their registration paperwork on
the premises?

No

9.  If an individual from out-of-state purchases regulated metal, in what county does he register?

The out-of-state recycler registers in the county where he plans to or is primarily engaging in business as a secondary metal recycler. Remember, the purpose of registration is to identify secondary metals
recyclers. Although the individual may be purchasing metals in several counties, once he has registered, he is on the database and viewers will be aware that he is operating in Georgia.

10.    As an individual secondary metal recycler, must he/she maintain a legible record of all purchase
transactions as cited in O.C.G.A. 10-1-353?

Yes. The 'recycler' must obtain the following information:

·         name and address of the secondary metals recycler

·         the date of the transaction

·         the weight, quantity or volume and a description of the purchased metal (wire, tubing castings, etc.)

·         a photograph or video showing the purchased metal clearly

·         the amount paid and a copy of the check or voucher or documentation of electronic funds transfer
given for purchase

·         a signed/sworn affidavit from the seller stating he is the rightful owner of the metal or is authorized to
sell the property

·         a scanned or photocopied copy of a valid personal identification card of the seller and or deliverer

·         photograph, videotape, or digital recording depicting a recognizable facial image of the seller and the
deliverer

·         the distinctive number from and type of personal identification card of the seller and deliverer

·         vehicle license tag number or VIN, state, and type of vehicle used to deliver the metal to the
secondary metal recycler

·         scanned or photocopies of the verifiable documentation, reports, licenses, and registration, required in
O.C.G.A. §1O-1-351 and §1O-1-352.

Upon the appropriation of state funds, the GBI will maintain a database for transactions by secondary
metals recyclers. The above information will populate the database.

11.     Who is covered under the business to business transaction exemption?

State law identified a business to business transaction as follows: A manufacturing, industrial or other
commercial vendor that generates or sells regulated metal property in the ordinary course of its business,
provided that such vendor is not a secondary metals recycler.

Example: If a licensed commercial business such as Busby's Heating and Air, is selling AIC coils, then
they are exempt.

Metals recyclers must follow these steps before purchasing the regulated metal:

·           Obtain a copy of the business license from the business owner selling the AIC coils at the time of
purchase; maintain on file.

·           An employee ofthe business arrives to sell the regulated metal must be in uniform andlor a marked
business vehicle.

·           All payment checks or vouchers must be made out to the business only. The only exception to this
is the check or voucher could be made out to the business owner whose name is on the business
license.

12.     What documents are needed to purchase or sell A/C coils from individuals?

An individual must have a State of Georgia Secretary of State issued Contractor's License. An EPA
Certification Card or a release letter from the business is NOT acceptable documents to scrap aluminum
AIC coils.