• (a) As used in this section, “scrap metal transaction record” includes the information required to be obtained by §§ 62-9-103(b) and 62-9-104(b)(2).

  • Terms Used In Tennessee Code 62-9-105

    • Commissioner: means the commissioner of commerce and insurance or the commissioner's designee or, in the event of the commissioner's or designee's absence or vacancy in the office of the commissioner, the deputy commissioner. See Tennessee Code 62-9-101
    • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
    • Scrap metal: means any ferrous or nonferrous metal that is no longer used for its original purpose and is capable of being processed for reuse by a metal recycling facility, including, but not limited to, iron, brass, wire, cable, copper, bronze, aluminum, platinum, lead, solder, steel, stainless steel, catalytic converters or other similar obsolete ferrous or nonferrous metals, but shall not include recyclable aluminum cans. See Tennessee Code 62-9-101
    • Scrap metal dealer: means a person who buys, exchanges or deals in scrap metal or an employee or agent of that dealer who has the express or implied authority to buy, exchange or deal in scrap metal on behalf of the dealer. See Tennessee Code 62-9-101
    • Subpoena: A command to a witness to appear and give testimony.

    (b) A dealer shall be required to maintain each scrap metal transaction record for a period of three (3) years following the transaction.

  • (c)

    • (1) During the usual and customary business hours of a scrap metal dealer, a law enforcement officer or the commissioner shall have the right to inspect, without a warrant or subpoena, either of the following:

      • (A) Any purchased scrap metals in the possession of the dealer; and

      • (B) Any records required to be maintained by the dealer pursuant to this chapter.

    • (2) Notwithstanding subdivision (c)(1), a search warrant or judicial subpoena may be executed at any time for inspection of the items set out in subdivision (c)(1).

    • (3) All records required to be made available pursuant to subdivision (c)(2) shall be maintained on the site where the transaction occurred for a period of three (3) years from the date of the transaction.