(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.