2023 New York Laws › AGM - Agriculture and Markets › Article 10 - Sale and Analysis of Commercial Fertilizer › 146-F - Ammonium Nitrate Security.

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