California Business and Professions Code § 21610

Business and Professions Code
Open in Lexace · Ask the AI about this section
(a) For the purposes of this section, the following terms have the following meanings: (1) For the purposes of this section, the term “core recycler” means a person or business, including a recycler or junk dealer, that buys used individual catalytic converters, transmissions, or other parts previously removed from a vehicle. A person or business that buys a vehicle that may contain these parts is not a core recycler. (2) “Commercial enterprise” includes any of the following: (A) An automobile dismantler licensed pursuant to Chapter 3 (commencing with Section 11500) of Division 5 of the Vehicle Code. (B) A core recycler that maintains a fixed place of business for the purpose of obtaining catalytic converters pursuant to this section. (C) A motor vehicle manufacturer, dealer, or lessor-retailer licensed pursuant to Division 5 (commencing with Section 11100) of the Vehicle Code. (D) An automotive repair dealer licensed pursuant to Chapter 20.3 (commencing with Section 9880) of Division 3. (E) Any other licensed business that may reasonably generate, possess, or sell used catalytic converters. (b) A core recycler who accepts a catalytic converter for recycling shall maintain a written record that contains all of the following: (1) The place and date of each sale or purchase of a catalytic converter made in the conduct of their business as a core recycler. (2) The name, valid driver’s license number, and state of issue, or California-issued identification number, of the seller of the catalytic converter and the vehicle license number, including state of issue of a motor vehicle used in transporting the catalytic converter to the core recycler’s place of business. If the seller is a commercial enterprise, the written record shall include the name, physical business address, business telephone number, and the business license number or tax identification number of the commercial enterprise. (3) A description of the catalytic converters purchased or sold, including the item type and quantity, amount paid for the catalytic converter, and identification number, if any, and the year, make, model, and vehicle identification number of the vehicle from which the catalytic converter was removed. (4) A statement indicating either that the seller of the catalytic converter is the owner of the catalytic converter, or the name of the person from whom the seller obtained the catalytic converter, including the business, if applicable, as shown on a signed transfer document. (5) If applicable, a copy of the title of the vehicle from which the catalytic converter accepted was removed that shows the vehicle identification number matches the number permanently marked on the catalytic converter. (c) A core recycler engaged in the selling or shipping of used catalytic converters to other recyclers or smelters shall retain information on the sale that includes all of the following: (1) The name and address of each person to whom the catalytic converter is sold or disposed of. (2) The quantity of catalytic converters being sold or shipped. (3) The amount that was paid for the catalytic converters sold in the transaction. (4) The date of the transaction. (d) A core recycler shall not provide payment for a catalytic converter unless all of the following requirements are met: (1) The payment is made by check, credit card, or any other traceable form of payment other than cash, and provided to the seller by either of the following: (A) (i) Except as provided in clause (ii), mailed to the seller at the address provided pursuant to paragraph (3). (ii) For a seller that is a commercial enterprise, mailed to the seller’s business address. (B) (i) Except as provided in clause (ii), collected by the seller from the recycler on the third business day after the date of sale. (ii) A seller that is a commercial enterprise may receive immediate payment by check or by debit card or credit card. (2) At the time of sale, the core recycler obtains a clear ph

‹ Prev All California sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.