124.401F - PROHIBITIONS ON TAMPERING WITH, POSSESSING, OR TRANSPORTING ANHYDROUS AMMONIA OR ANHYDROUS AMMONIA EQUIPMENT.
124.401F PROHIBITIONS ON TAMPERING WITH, POSSESSING,
OR TRANSPORTING ANHYDROUS AMMONIA OR ANHYDROUS AMMONIA EQUIPMENT.
1. A person shall not intentionally tamper with anhydrous ammonia
equipment. Tampering occurs when a person who is not authorized by
the owner of anhydrous ammonia equipment uses the equipment in
violation of a provision of this section. A person shall not in any
manner or for any purpose sell, fill, refill, deliver, permit to be
delivered, or use an anhydrous ammonia container or receptacle,
including for the storage of any gas or compound, unless the person
owns the container or receptacle or is authorized to do so by the
owner. A person shall not possess or transport anhydrous ammonia in
a container or receptacle which is not authorized by the secretary of
agriculture to hold anhydrous ammonia.
2. A person violating this section commits a serious misdemeanor.
In addition to the imposition of the serious misdemeanor penalty, a
person shall be subject to a civil penalty of not more than one
thousand five hundred dollars, if the person does any of the
following:
a. Intentionally tampers with anhydrous ammonia equipment.
b. Possesses or transports anhydrous ammonia in a container
or receptacle which is not authorized to hold anhydrous ammonia
according to rules adopted by the secretary of agriculture.
3. A person tampering with anhydrous ammonia equipment in
violation of this section shall not have a cause of action against
the owner of the equipment, any person responsible for the
installation and maintenance of the equipment, or the person lawfully
selling the anhydrous ammonia for damages arising out of the
tampering. Section History: Recent Form
99 Acts, ch 12, §6; 99 Acts, ch 208, §48; 2000 Acts, ch 1058, §13
Referred to in §200.18