Utah Department of Administrative Services Division of Administrative Rules

Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since November 1, 2014, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R152. Commerce, Consumer Protection.

Rule R152-32a. Pawnshop and Secondhand Merchandise Transaction Information Act Rules.

As in effect on November 1, 2014

Table of Contents

R152-32a-1. Authority.

These rules are promulgated pursuant to Utah Code 13-2-5(1) and 13-32a-102.5(1) to facilitate the orderly administration of the Pawnshop and Secondhand Merchandise Transaction Information Act, Utah Code Title 13, Section 32a.

R152-32a-2. Exempt Businesses.

(1) The owner or operator of a business that is not a pawnbroker is exempt from the requirements of Title 13, Chapter 32a if the owner or operator deals exclusively in one or more of the following consumer products:

(a) scrap metal acquired by a scrap metal processor pursuant to Section 76-6-1402(10);

(b) antique items as defined in Section 13-32a-102(2);

(c) used furniture;

(d) used appliances;

(e) used games (i.e., card games, table-top games, and magic tricks), except as specified in this Subsection (3); and

(f) used children's products, except as specified in this Subsection (3).

(2) The owner or operator of a business that is not a pawnbroker shall comply with Title 13, Chapter 32a if the owner or operator buys or sells a used or secondhand item that is other than an exempt item pursuant to this Subsection (1).

(3) Notwithstanding the exemptions listed in this Subsection (1), the following consumer products are not exempt from the registration, uploading, retention, and other requirements of Title 13, Chapter 32a:

(a) sports trading cards;

(b) electronic games, video games, and gaming systems;

(c) electronic and acoustic musical instruments (non-toys);

(d) motorized ride-on scooters/vehicles, whether titled or non-titled;

(e) bicycles/scooters designed for use on a public street;

(f) golfing, snow skiing, snowboarding, or water skiing equipment (non-toys);

(g) rare or collectible toys (i.e., trading cards, original issue versions of classic games, and dolls or decorations that are signed or numbered);

(h) child transport devices, including:

(i) strollers and jogging strollers;

(ii) bicycle trailers;

(iii) car seats; and

(iv) baby backpacks, frontpacks, and similar strap-on carriers; and

(i) any item reasonably similar to a consumer product listed in this Subsection (3).

KEY

pawnshops, consumer protection, secondhand merchandise dealers

Date of Enactment or Last Substantive Amendment

October 16, 2014

Notice of Continuation

August 5, 2013

Authorizing, Implemented, or Interpreted Law

13-2-5; 13-32a-102(23); 13-32a-112.5


Additional Information

Contact

For questions regarding the content or application of rules under Title R152, please contact the promulgating agency (Commerce, Consumer Protection). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.