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Section 4737.041 | Special purchase articles and bulk merchandise containers.

 
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(A) A scrap metal dealer or bulk merchandise container dealer shall do all of the following with respect to each special purchase article or catalytic converter the scrap metal dealer purchases or receives or with respect to each bulk merchandise container a bulk merchandise container dealer purchases or receives that is subject to division (A) of section 4737.012 of the Revised Code:

(1) Comply with the requirements of this section in addition to complying with the applicable requirements of section 4737.012 or 4737.04 of the Revised Code;

(2) Take a photograph of each special purchase article or bulk merchandise container;

(3) Obtain from the seller or provider of the special purchase article, catalytic converter, or bulk merchandise container proof that the seller or provider owns the special purchase article, catalytic converter, or bulk merchandise container. Subject to division (C) of this section, if the item is a catalytic converter, only the following items constitute proof of ownership:

(a) If the seller or provider is the owner of the motor vehicle from which the catalytic converter was removed, either of the following:

(i) Title to or registration of the vehicle from which the catalytic converter was removed;

(ii) A bill, invoice, or receipt from a motor vehicle collision repair operator as defined in section 4775.01 of the Revised Code or a motor vehicle dealer as defined in section 4517.01 of the Revised Code that clearly indicates both of the following:

(I) The removal and replacement of the catalytic converter;

(II) The make, model, year, and vehicle identification number of the motor vehicle that was repaired.

(b) If the seller or provider is the motor vehicle collision repair operator or motor vehicle dealer that repaired the motor vehicle from which the catalytic converter was removed, both of the following:

(i) The motor vehicle collision repair operator's registration certificate or motor vehicle dealer's license number;

(ii) A bill, invoice, or receipt that clearly indicates both of the following:

(I) The removal and replacement of the catalytic converter;

(II) The make, model, year, and vehicle identification number of the motor vehicle that was repaired.

(4) If payment is rendered for the special purchase articles, catalytic converters, or bulk merchandise containers, issue a check or some other traceable payment device, as defined by the department of public safety in rule, which shall not include cash payments, for the purchase of the special purchase articles, catalytic converters, or bulk merchandise containers;

(5) Withhold payment for the purchase of the special purchase articles or bulk merchandise containers for a period of two days after the day the special purchase articles or bulk merchandise containers are purchased;

(6) If an asserted owner of stolen special purchase articles or bulk merchandise containers or that owner's agent provides proof of having filed a stolen property report with the appropriate law enforcement agency, make records describing special purchase articles or bulk merchandise containers the dealer purchased or received after the alleged date of theft available for inspection to the asserted owner or owner's agent for a period of six months after the alleged date of theft of the articles, except that the dealer shall withhold the name of the person from whom the special purchase articles or bulk merchandise containers were purchased or received and the amount paid for the special purchase articles or bulk merchandise containers.

(B) A person, other than a scrap metal dealer or a motor vehicle dealer licensed under Chapter 4517. of the Revised Code, when receiving a used catalytic converter in the ordinary course of business, including a person licensed or registered under Chapter 4737., 4738., or 4775. of the Revised Code, shall meet the requirements of divisions (A)(1), (3), and (4) of this section with respect to each used catalytic converter the person purchases or receives as if the person were a scrap metal dealer, including the requirements of divisions (C), (E), and (F) of section 4737.04 of the Revised Code. No person described in this division shall recklessly fail to comply with this division.

(C)(1) Not later than ninety days after the effective date of this amendment, the director of public safety shall create an affidavit form and publish the form on a publicly available web site maintained by the department of public safety.

(2) The affidavit form shall include the name and contact information of the seller or provider, a statement of the reasons the seller or provider is unable to produce the items described in division (A)(3) of this section, and any other information and documents required by the director.

(3) A scrap metal dealer, bulk merchandise container dealer, or person described in division (B) of this section may accept an affidavit form that is completed and signed by a seller or provider who is a natural person in lieu of the items otherwise required to establish ownership of a catalytic converter under division (A)(3) of this section.

(4) Whoever knowingly makes a false statement on an affidavit described in division (C) of this section is guilty of the offense of falsification under section 2921.13 of the Revised Code.

Last updated July 16, 2026 at 4:21 PM

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