58-37c-206. Anhydrous ammonia is a precursor -- Penalty -- Requirements regarding purposes and containers.
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Effective 5/6/2026
58-37c-206. Anhydrous ammonia is a precursor -- Penalty -- Requirements regarding purposes and containers.
(1)A person who is not licensed to engage in a regulated transaction and is not excepted from licensure or exempted under Subsection
(2), and who possesses any amount of anhydrous ammonia under circumstances not amounting to a violation of Subsection 58-37c-101(11)(k) or 76-18-506(2)(a) , is guilty of a class A misdemeanor.
(2)A person who possesses anhydrous ammonia has an affirmative defense to a charge under Subsection
(1)if the person is:
(a)directly involved in or actively operating land in agricultural use as defined in Section 59-2-502 ;
(b)a retail distributor, wholesaler, manufacturer, warehouseman, or common carrier, or an agent of any of these persons, who possesses anhydrous ammonia in the regular course of lawful business activities;
(c)directly involved in or actively operating a business or other lawful activity providing or using anhydrous ammonia for refrigeration applications; or
(d)directly involved in or actively operating a lawful business enterprise, including an industrial enterprise, that uses anhydrous ammonia in the regular course of the lawful business enterprise's business activities.
Renumbered and Amended by Chapter 362 , 2026 General Session