134.405 Purchase and sale of certain scrap material.

772 words·~4 min read·/wi/chapter-134/134-405

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Commercial account” means a commercial enterprise with which a scrap dealer maintains an ongoing and documented business relationship.

(b)“Commercial enterprise” means a corporation, partnership, limited liability company, business operated by an individual, association, state agency, political subdivision, or other government or business entity, including a scrap dealer.

(c)“Ferrous scrap” means scrap metal, other than scrap metal described in pars.

(d)to

(f), consisting primarily of iron or steel, including large manufactured articles that may contain other substances to be removed and sorted during normal operations of scrap metal dealers.

(d)“Metal article” means a manufactured item that consists of metal, is usable for its original intended purpose without processing, repair, or alteration, and is offered for sale for the value of the metal it contains, except that “metal article” does not include antique or collectible articles, including jewelry, coins, silverware, and watches.

(e)“Nonferrous scrap” means scrap metal consisting primarily of metal other than iron or steel, but does not include any of the following:

1. Aluminum beverage cans.

2. Used household items.

3. Items removed from a structure during renovation or demolition.

4. Small quantities of nonferrous metals contained in large manufactured items.

(em)“Plastic bulk merchandise container” means a plastic crate, pallet, or shell used by a product producer, distributor, or retailer for the bulk transport or storage of retail containers of bottled beverages.

(f)“Proprietary article” means any of the following:

1. A metal article stamped, engraved, stenciled, or otherwise marked to identify the article as the property of a governmental entity, telecommunications provider, public utility, cable operator, as defined in s. 66.0420

(d), or an entity that produces, transmits, delivers, or furnishes electricity, or transportation, shipbuilding, ship repair, mining, or manufacturing company.

2. A copper conductor, bus bar, cable, or wire, whether stranded or solid.

3. An aluminum conductor, cable, or wire, whether stranded or solid.

4. A metal beer keg.

5. A manhole cover.

6. A metal grave marker, sculpture, plaque, or vase, if the item’s appearance suggests the item has been obtained from a cemetery.

7. A rail, switch component, spike, angle bar, tie plate, or bolt used to construct railroad track.

8. A plastic bulk merchandise container.

9. A catalytic converter.

(fm)“Scrap dealer” means a scrap plastic dealer or scrap metal dealer.

(g)“Scrap metal” means a metal article; metal removed from or obtained by cutting, demolishing, or disassembling a building, structure, or manufactured item; or other metal that is no longer used for its original intended purpose and that can be processed for reuse in a mill, foundry, or other manufacturing facility.

(h)“Scrap metal dealer” means a person engaged in the business of buying or selling scrap metal.

(j)“Scrap plastic dealer” means a person engaged in the business of buying or selling plastic to be processed for reuse in a mill or other manufacturing facility.

(2)Purchases of ferrous scrap. A scrap metal dealer may purchase scrap metal other than nonferrous scrap, a metal article, or a proprietary article from any person over the age of 18.

(3)Purchases of nonferrous scrap, metal articles, proprietary articles.

(a)Subject to par.

(b), a scrap dealer may purchase nonferrous scrap, metal articles, or proprietary articles from any person who is over the age of 18 if all of the following apply:

1. If the seller of nonferrous scrap, metal articles, or proprietary articles is an individual, at the time of the sale, the seller provides to the scrap dealer the seller’s motor vehicle operator’s license, tribal identification card, as defined in s. 134.695

(cm), or other government-issued, current photographic identification that includes the seller’s full name, current address, date of birth, and recognized identification number. If the seller is not an individual, at the time of the sale, the individual who delivers the seller’s nonferrous scrap, metal articles, or proprietary articles provides to the dealer the deliverer’s motor vehicle operator’s license, tribal identification card, as defined in s. 134.695

(cm), or other government-issued, current photographic identification that includes the deliverer’s full name, current address, date of birth, and recognized identification number.

2. The scrap dealer records and maintains at the scrap dealer’s place of business the seller’s or deliverer’s identification information described in subd. 1. , the time and date of the purchase, the number and state of issuance of the license plate on the seller’s or deliverer’s vehicle, and a description of the items received, including all of the following:

a. The weight of the scrap or articles.