As used in this chapter, unless the context otherwise requires:

Terms Used In North Dakota Code 51-35-01

  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37

1.    “Alloy” means a combination of a metal and carbon or other metals.

2.    “Business records” means records of any purchase or transaction that involves the receipt of scrap metals made in the ordinary course of business and includes written receipts, books or similar records, or electronically stored records, but does not include correspondence, tax returns, or financial statements.

3.    “Catalytic converter” means a motor vehicle exhaust system component attached to the motor vehicle which reduces vehicle emissions by breaking down harmful exhaust emissions.

4.    “Detached used catalytic converter” means a catalytic converter previously removed from a motor vehicle, or any nonferrous part of a catalytic converter previously removed from a motor vehicle. The term does not include a catalytic converter incidentally included in a mixed load of ferrous or nonferrous scrap metal.

5.    “Ferrous metals” means those metals that will attract a magnet, and includes alloys of those metals.

6.    “Law enforcement officer” or “peace officer” means a public servant authorized by law or by a government agency or branch to enforce the law and to conduct or engage in investigations or prosecutions for violations of law.

7.    “Nonferrous metals” means those metals that will not normally attract a magnet, including copper, brass, aluminum, bronze, lead, zinc, platinum, and nickel; alloys of those metals; and metals contained within detached used catalytic converters.

8.    “Scrap metal” means ferrous or nonferrous metals purchased primarily for reuse or recycling, including metals combined with other materials at the time of purchase or acquisition; insulated and uninsulated wire and cable; and detached used catalytic converters. Scrap metal does not include automobiles, automobile hulks, or any aluminum food or beverage containers.

9.    “Scrap metal dealer” means a person engaged in the business of purchasing, trading, or bartering scrap metal, and includes all employees of the scrap metal dealer. A scrap metal dealer must have a fixed business premises, shall obtain a sales and use tax permit from the tax commissioner, and shall register with the attorney general as a scrap metal dealer under section 51-35-05.