TITLE 10
COMMERCE AND TRADE
Section 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.
ARTICLE 14
SECONDARY METALS RECYCLERS
10-1-352. Requirements for purchase of burial objects.
No secondary metals recycler shall purchase a burial object unless it is purchased from:
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A funeral director licensed pursuant to Chapter 18 of Title 43 or by another state who provides a copy of his or her valid license at the time of the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler;
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A cemetery owner registered pursuant to Code Section 10-14-4 or with another state that provides a copy of such valid registration at the time of the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied registration is on file with the secondary metals recycler;
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A manufacturer or distributor of burial objects that provides a copy of a valid business license at the time of the purchase transaction that is scanned or photocopied by the secondary metals recycler;
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A seller with verifiable documentation, such as a receipt from or contract with a licensed funeral director, registered cemetery owner, or manufacturer or distributor of burial objects, evidencing that such person is the rightful owner of the burial object; or
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A secondary metals recycler who provides proof of registration pursuant to Code Section 10-1-359.1 and a signed statement stating that the required information concerning the purchase transaction involving such burial object was provided by such secondary metals recycler to the Georgia Bureau of Investigation pursuant to Code Section 10-1-359.5.
(Code 1981, §10-1-352, enacted by Ga. L. 2012, p. 112, § 1-1/HB 872; Ga. L. 2015, p. 588, § 3/HB 461.)
The 2015 amendment,
effective July 1, 2015, in paragraph (1), substituted "pursuant to" for "under the provisions of" near the beginning and substituted "the purchase transaction" for "sale" near the middle; in paragraph (2), substituted "that provides a copy of such valid registration at the time of the purchase transaction" for "who provides a copy of his or her valid registration at the time of sale" near the middle; and rewrote paragraphs (3) and (5).
Editor's notes.
- Ga. L. 2012, p. 112,
§
1/HB 872, effective July 1, 2012, redesignated former Code Section 10-1-352 as present Code Section 10-1-354.
Ga. L. 2012, p. 112,
§
4-1(a)/HB 872, not codified by the General Assembly, provides that this Code section shall apply to all offenses committed on or after July 1, 2012.
Law reviews.
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For article on the 2012 enactment of this Code section, see 29 Ga. St. U.L. Rev. 238 (2012).
OPINIONS OF THE ATTORNEY GENERAL
Fingerprinting required.
- Misdemeanor offenses arising under O.C.G.A.
§
10-1-352 are offenses for which those charged are to be fingerprinted. 2012 Op. Att'y Gen. No. 12-6.