New NYS Ammonium Nitrate Fertilizer Security Law and Regulations

Due to concerns over the potential for the use of ammonium nitrate fertilizer in the manufacture of explosive devices, legislation was passed and signed into law regulating the sale of ammonium nitrate to limit the potential for it to fall into the hands of those who would misuse it. Although ammonium   nitrate is a highly beneficial fertilizer, it has been identified by the National Academy of Sciences as the most likely material to be misused as an explosive, as it was in the Oklahoma City bombing.

The new law (AML Section 146-f), changed the New York State Department of Agriculture and Markets, in consultation with the New York State Office of Homeland Security, with establishing procedures that better ensure the safe use and handling of ammonium nitrate and ammonium nitrate materials.  Effective November 28, 2005, the law and department regulations provide:                     

* Any person or entity in New York State that sells, offers for sale, or otherwise makes available, ammonium nitrate or regulated ammonium nitrate materials is required to annually register with NYSDAM for a fee of $50.00.  Persons and entities who already pay fees pursuant to Agriculture and Markets Law Article 10 are exempt from an additional fee, but not from registration.

* A "regulated ammonium nitrate material" is defined as "a fertilizer in solid form, comprising a mixture of components, one of which is ammonium nitrate, in circumstances where the nitrogen content derived from ammonium nitrate is more than 28 percent of the material by weight."

* All purchasers of ammonium nitrate and ammonium nitrate materials must provide proper identification on intended use before purchasing ammonium nitrate or regulated ammonium nitrate materials.  A record of sale must be completed for each purchase on the form prescribed in the regulations.

* All sales must be retained for a two-year period and be available for inspection by the New York  State Department of Agriculture and Markets or New York State Office of Homeland Security.  

* Ammonium nitrate and ammonium nitrate materials must be stored in a secure location.  The storage facility must be enclosed and locked when unattended. Suitable enclosure include sales buildings, warehouses or perimeter fences.  Daily inspections for attempted entry, vandalism and structural integrity are required. The Division of Plant Industry has initiated inspections to ensure compliance with the new law.  Fertilizer facilities and retail establishments will be inspected, and merchants should expect to see proper identification prior to allowing access to their facility.

Information concerning the new ammonium nitrate security law and regulations is posted on the NYSDAM website at www.agmkt.state.ny.us

Any questions concerning this program may be addressed to Bill Nastyn at the NYS Department of Ag and Markets (1-800-554-4501).  NYSDAM also requests anyone who purchases ammonium nitrate from a vendor who does not require proper identification to contact Nastyn.