New Hampshire Metal Scrap Statute

New Hampshire's law covers the following as specified commodities: "old junk, old or scrap metals, old or second-hand bottles, cotton or woolen mill waste, unfinished cloth, cotton or woolen mill yarns in an unfinished state, not of family manufacture, or second-hand articles, excepting furniture and books."

Local governments may license dealers, shopkeepers, accumulators, and bailees dealing in specified commodities and may determine and designate business locations and locations where such items may be accumulated, stored, or handled. Licenses shall be effective until April 1st of the next year. License fees shall be fixed by the local licensing board and must be the same for all similar licenses in the same city or town. Licensees and their employees must carry a photocopy of the license on their person.

Local licensing boards may revoke a license after a hearing, and may establish rules, regulations, and restrictions to be incorporated in the license. Local licenses shall contain a condition that Licensees may not purchase or barter specified commodities from a Seller under 16 years old without the written consent of the Seller's parent or guardian. An unlicensed person may not purchase specified commodities unless acting as a helper to, and accompanied by, a licensee.

A licensee transporting specified commodities in any wagon or vehicle shall place upon the outside "and upon each side of the same" the license number in plain, legible, 3 inch figures.

Licensees must keep records with the following (record retention period is not specified):

• An account and description of the specified commodities purchased;
• The Date and Time of the purchase;
• The Seller's name and residence, verified by their government-issued photo ID.

Any officer with jurisdiction may enter a licensee's business premises to ascertain how the licensee conducts business and examine all specified commodities purchased, obtained, kept, or stored in or upon the premises, and all books and inventories relating thereto. The licensee and their employees or agents must exhibit all such to the officer on demand.

Licensees may not purchase a metal keg for malt beverages or pieces of such keg unless the Seller is the brewer whose name or marking appears on the keg. Licensees may not purchase kegs where the brewer's name or marking has been removed or obliterated.

Licensees may not purchase or barter specified commodities from a Seller under 16 years old without the written consent of the Seller's parent or guardian.

A person operating without a license is guilty of a violation for each day such offense continues. The superior court may enjoin a person from operating a business in old or secondhand commodities and/or for carrying on said business at any place other than designated in their license. A licensee or their agent or employee who refuses to admit an officer authorized to enter their premises or fails to exhibit requested materials on demand, or any person who willfully hinders, obstructs, or prevents the officer from entering and inspecting the premises is guilty of a misdemeanor.

A violation for which no other punishment is provided is a misdemeanor.

The Commission will examine reporting by junk or scrap metal dealers, focusing on the occurrence of metal theft and arrest records under the current system, what tools exist currently to curb metal theft, and effective models in other states and their funding, and report on their findings and the advisability of creating a statewide database by November 1, 2016 to the governor and legislative leaders. The Commission will include 2 representatives of the scrap metal industry and 1 member of the Auto and Truck Recyclers of New Hampshire in addition to state legislators, law enforcement, and other stakeholders.