(a) Any person engaged in the business of buying or selling unattached catalytic converters as a single item and not as part of a scrapped motor vehicle shall give written notification to the chief of police and sheriff of each city and county in which the activity is carried on.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 62-9-115

  • Person: means an individual, association, partnership, corporation, or any other legally cognizable organization or entity. See Tennessee Code 62-9-101
  • 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
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) Any person purchasing a used, detached catalytic converter must be registered as a scrap metal dealer pursuant to § 62-9-102.
(c) This section does not apply to a used, detached catalytic converter that has been tested, certified, and labeled, or otherwise approved for reuse, and being bought or sold for purposes of reuse, in accordance with the federal Clean Air Act (42 U.S.C. §§ 7401 et seq.) and regulations under the Clean Air Act, as they may, from time to time, be amended.
(d) A scrap metal dealer shall not purchase or otherwise acquire a used, detached catalytic converter, or any nonferrous metal part of such converter unless:

(1) The used, detached catalytic converter is purchased at the fixed site of the scrap metal dealer in an in-person transaction; or
(2) The scrap metal dealer:

(A) Maintains a fixed site;
(B) Obtains, verifies, and maintains all identification and documentation required by §§ 62-9-103 and 62-9-104; and
(C) Obtains and maintains a copy of the seller’s license or a copy of the documentation and vehicle registration.
(e) A used, detached catalytic converter or any part of such converter must not be shipped, unless the converter or part of such converter is being shipped between licensed entities.
(f) A scrap metal dealer shall note in the scrap metal dealer’s records any obvious markings on the used, detached catalytic converter, including paint, labels, and engravings, that would aid in the identification of such catalytic converter.
(g) Only the following persons who provide notice pursuant to subsection (a) may possess or sell used, detached catalytic converters:

(1) A motor vehicle dismantler and recycler required to be licensed pursuant to § 55-17-109;
(2) A scrap metal dealer registered pursuant to § 62-9-102;
(3) A licensed motor vehicle dealer;
(4) A licensed mechanic or licensed automotive repair facility;
(5) Any other licensed business that may reasonably generate, possess, or sell used, detached catalytic converters; or
(6) An individual who possesses documentation indicating that the catalytic converter in the individual’s possession is the result of a replacement of a catalytic converter from a vehicle registered in that individual’s name.
(h)

(1) A person commits an offense who possesses a used, detached catalytic converter that the person did not have authorization to possess under subsection (g). Such person is presumed to be in possession of contraband, subject to seizure by a member of a state or local law enforcement agency and subject to forfeiture in the same manner as is provided by law for the forfeiture of other contraband items.
(2) A violation of subdivision (h)(1) is a Class A misdemeanor, punishable only by fine. Each unlawfully obtained or possessed used, detached catalytic converter subjects the person to a separate charge for each violation. The seller of a used, detached catalytic converter that has been stolen is also liable to the victim for the repair and replacement of the catalytic converter as may be ordered by the court or as otherwise provided by law.
(i) Notwithstanding this section to the contrary, this section does not prohibit a motor vehicle dismantler and recycler that is properly licensed pursuant to § 55-17-109, or a registered scrap metal dealer, from transporting and selling used, detached catalytic converters to a processor, smelter, or refiner, for the recovery of the contained metals or other components in the converters.
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