600.2976 Seller or end user who stores, secures, uses, transports, or protects anhydrous ammonia; immunity from tort liability; applicability; definitions.
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600.2976 Seller or end user who stores, secures, uses, transports, or protects anhydrous ammonia; immunity from tort liability; applicability; definitions.
Sec. 2976.
(1)A seller or end user who stores, secures, uses, transports, or protects anhydrous ammonia in compliance with AASSPs is immune from tort liability for injury to a person, damage to property, or death that results from the larceny or attempted larceny of anhydrous ammonia, or from a person obtaining or using, or attempting to obtain or use, anhydrous ammonia in a manner contrary to law. The immunity from tort liability under this subsection includes immunity from liability for an injury to, damage to the property of, or the death of a person who is not the person committing or attempting to commit a larceny of, or obtaining, using, or attempting to obtain or use, anhydrous ammonia in a manner contrary to law.
(2)Failure of a seller or end user to store, secure, use, transport, or protect anhydrous ammonia in compliance with AASSPs does not, by itself, create tort liability for injury to person, damage to property, or death caused by the storing, securing, using, transporting, or protecting of anhydrous ammonia.
(3)This section applies to a cause of action that accrues after the effective date of the amendatory act that added this section and after AASSPs are established under section 5 of the anhydrous ammonia security act.
(4)As used in this section, "AASSPs", "anhydrous ammonia", "end user", and "seller" mean those terms as defined in section 3 of the anhydrous ammonia security act.
History: Add. 2006, Act 418 , Imd. Eff. Sept. 29, 2006