Secondhand GoodsJunk
Section § 21600
This law defines what is considered 'junk' and 'scrap metals and alloys.' 'Junk' covers used machinery, metals, alloys, furniture, pallets, and other personal property except livestock. 'Scrap metals and alloys' include items like construction materials, farm equipment, and railroad gear, but not scrap iron, household waste, or certain aluminum cans.
Section § 21601
This law defines what it means to be a 'junk dealer' in California. Basically, if you're buying, selling, or dealing with junk, whether by gathering, collecting, or running a place that stores or transfers junk, you're considered a junk dealer according to this section.
Section § 21602
This section explains that a 'junk yard' can be any space, like a yard, building, or area, where junk is gathered and kept.
Section § 21603
Section § 21604
This section describes certain exceptions to the rules regarding junk dealers and recyclers. Specifically, this law doesn't apply to people dealing with junk in businesses not primarily focused on junk dealing. Additionally, if a junk dealer or recycler buys scrap metal and pays by check to the company owning the scrap, they're generally exempt, unless covered by another specific rule. Also, scrap metal transactions between registered and compliant junk dealers or recyclers are exempt if proper documentation is given, and the seller assures compliance with holding and reporting requirements. The seller bears responsibility if these requirements aren't met.
Section § 21605
This law requires every junk dealer and recycler in California to maintain a written record of all their sales and purchases. The term 'recycler' refers to processors, recycling centers, or non-certified recyclers dealing with scrap metal that is considered junk.
Section § 21606
If you're a junk dealer or recycler in California, you need to keep a detailed written record every time you buy or sell junk. This record must include the date and place of the transaction, details about the seller's identification, and the vehicle's license number used for transport. You also need to note the buyer's information, a description of the junk items, and a statement claiming the seller owns the junk or got it from someone else. If you lie about any of this information, you could be charged with a misdemeanor. Furthermore, you're required to report these records to local law enforcement as specified elsewhere.
Section § 21606.5
If you're a junk dealer or recycler in California, you need to let certain officials check your premises and examine your sales records and purchased items during normal business hours. Officials who might inspect include police officers with a warrant, those appointed by a sheriff or police chief, and officers with a court order. This is mainly to ensure you're following recordkeeping rules. These rules have been in place since December 1, 2008.
Section § 21607
This law requires that every junk dealer and recycler keep a written record of their transactions involving junk or scrap metals for at least two years after the last transaction entry.
Section § 21608
If junk dealers or recyclers don’t keep proper records or refuse to show them when asked, they’re committing a misdemeanor. Destroying records less than two years old also counts. If someone knowingly breaks this law, penalties start at a $1,000 fine or 30 days in jail, getting stricter with each offense. Repeat offenders might lose their right to do business for some time. These rules have been in place since December 1, 2008.
Section § 21608.3
Section § 21608.5
This law sets specific requirements for how junk dealers and recyclers in California must conduct transactions involving nonferrous metals like copper and aluminum. They can't pay for these materials with cash immediately; instead, payment can be made via check, cash after a 3-day wait, or a prepaid card. If using a prepaid card, any fees for issuing it must be covered by the dealer or recycler. They must also capture the seller's photograph, ID, and a thumbprint, and keep these records for two years. Exceptions include regular sellers with five or more transactions per month, transactions under $20 primarily for recycling beverage containers, and certain businesses like coin dealers and auto dismantlers. Local ordinances could apply if they meet strict criteria.
Section § 21608.6
This law requires junk dealers and recyclers in California to make payments for newspapers and CRV containers by check or electronic transfer, unless they've frequently transacted with the seller. They must record the seller's valid address using an ID and keep this information for two years. Payments can be made by voucher for CRV containers if rules permit. If the junk dealer or recycler has the seller's business information on file, they don't need to follow these specific payment methods. Personal identification information collected from sellers must be kept confidential, with violations leading to fines. However, these rules don't apply to transactions of $50 or less for newspapers, or $100 or less for CRV containers, and are only applicable in areas with curbside pickup for these materials.
Section § 21608.7
If you run a junkyard or recycle metals, you should sign up for alerts about metal theft in your area through a system run by the Institute of Scrap Recycling Industries. But if they charge for these alerts, you don't have to sign up.
Section § 21609
This law allows a peace officer to place a hold on property suspected to be stolen that is found with a junk dealer or recycler. Instead of seizing it, the officer can hold it for up to 90 days, giving the dealer or recycler a notice. During this time, the property can't be released unless authorized by a court or officer. If the property is needed for investigation, the dealer must produce it. If it's no longer needed and not flagged as stolen, it's released. If flagged as stolen, the owner is notified to reclaim it. Upon theft conviction, the thief must pay storage costs to the dealer and damages to the victim.
Section § 21609.1
This law says that junk dealers or recyclers can't have parts like fire hydrants, manhole covers, or backflow devices that a government or utility agency owns without a written note from the agency. If they accidentally get these parts mixed in with other items, they need to tell the police by the next business day. Having the written note protects them from fines or charges, and they must keep the parts aside until the police figure out what to do. Certain terms, like 'agency,' 'law enforcement,' and 'written certification,' have specific definitions in this context.
Section § 21609.5
This law states that junk dealers and recyclers are not allowed to buy or accept beer kegs made of stainless steel or aluminum alloy if they are marked with the owner's name or symbol unless they are getting them directly from the owner. If the person selling the keg is not the owner, the dealer can only buy or accept it if the seller has a receipt or document proving they are allowed to sell or transfer the keg by the owner. Junk dealers must keep these documents as part of their transaction records.
Section § 21609.7
This law outlines rules for buying bulk merchandise pallets that have markings showing who owns them. Generally, junk dealers or recyclers can't buy these pallets unless they're buying them from the person or company that owns them. However, they can buy from someone else if that person provides proof, like a receipt or authorization, showing they have permission to sell the pallets. For large transactions, payments need to be handled in specific ways by check or cash. If the owner can't be found or doesn't collect the pallets on time, a recycler can take them in good faith and must notify the owner within 35 days. After this period, they can sell the pallets or charge storage fees if the owner wants them back. Notifications need to include certain details and be sent to the owner's known physical or email address.
Section § 21610
This law sets rules for 'core recyclers'—people or businesses that buy used car parts like catalytic converters. Core recyclers must keep detailed records of transactions, including the buyer's and seller's information and details about the parts. They can only pay for catalytic converters using traceable methods like checks, not cash, and must follow specific guidelines if they have ongoing agreements with sellers. Violating these rules can lead to fines and restrictions on conducting business. Records must be kept for at least two years and are subject to inspection by law enforcement. Falsifying information or breaking the rules is a criminal offense.