§ 146-F — Ammonium nitrate security

§ 146-f. Ammonium nitrate security. (a) Ammonium nitrate retailers\nshall be registered with the department, and such registration shall be\nbased on criteria set forth by the commissioner in consultation with or\nupon the recommendation of the director of the office of homeland\nsecurity. Registration shall be required to sell or offer for sale\nammonium nitrate or regulated ammonium nitrate materials. The\ncommissioner shall charge an annual registration fee of no more than\nfifty dollars to ammonium nitrate retailers, provided, however, that\nretailers who pay fees under this article shall be exempt from such fee.\n (b) Ammonium nitrate and regulated ammonium nitrate materials, while\nat all registered facilities, shall be secured to provide reasonable\nprotection against vandalism, theft or other unauthorized access.\nReasonable protection may include, but not be limited to ensuring that\nstorage facilities are fenced and locked when unattended, and inspected\ndaily for signs of attempted entry, vandalism and structural integrity.\nThe commissioner in consultation with or upon the recommendation of the\ndirector of the office of homeland security, may suggest other security\nmeasures. The commissioner shall work in consultation with or upon the\nrecommendation of the director of the state office of homeland security\nto provide information to ammonium nitrate retailers on appropriate\nsecurity measures.\n (c)(1) Ammonium nitrate retailers shall record the date of sale and\nquantity purchased along with a valid state or federal driver license\nnumber, or other picture identification card number approved for\npurchaser identification by the commissioner in consultation with or\nupon the recommendation of the director of state office of homeland\nsecurity, as well as the name, current physical address, and telephone\nnumber for the purchaser of ammonium nitrate or regulated ammonium\nnitrate materials.\n (2) Such information and any additional records as set forth by the\ncommissioner in consultation with or upon the recommendation of the\ndirector of the office of homeland security must be maintained by the\nammonium nitrate retailer for a minimum of two years on a form or using\na format developed by the commissioner in consultation with or upon the\nrecommendation of the director of the office of homeland security.\n (3) Ammonium nitrate retailers shall, in compliance with any federal\nand state requirements regarding the dissemination of such information,\nprovide the commissioner and the director of the office of homeland\nsecurity access to such records.\n (d) For the purposes of this section, the following terms shall mean:\n (1) "Ammonium nitrate" means chiefly the ammonium salt of nitric acid.\nIt shall not contain less than thirty-three percent nitrogen, one-half\nof which is the ammonium form and one-half of which is the nitrate form.\n (2) "Regulated Ammonium nitrate materials" means regulated ammonium\nnitrate materials fertilizer products which have been determined by the\ncommissioner in consultation with or upon the recommendation of the\ndirector of the office of homeland security to warrant regulation based\non the potential explosive capacity of its ammonium nitrate content.\n (3) "Ammonium nitrate retailer" means any person or entity in this\nstate that sells, offers for sale, or otherwise makes available,\nammonium nitrate or regulated ammonium nitrate materials.\n