RSA 318-D:5 · Anhydrous Ammonia; Prohibited Conduct

318-D:5 Anhydrous Ammonia; Prohibited Conduct. –

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I.

In this section, "tamper" means action taken by a person not authorized to take that action by law, or by the owner or authorized custodian of an anhydrous ammonia container, or of equipment where anhydrous ammonia is used, stored, distributed, or transported.

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II.

No person shall:

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(a)

Steal or unlawfully take or carry away any amount of anhydrous ammonia.

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(b)

Purchase, possess, transfer, or distribute any amount of anhydrous ammonia, knowing, or having reason to know, that it will be used to unlawfully manufacture a controlled substance or explosive device.

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(c)

Place, have placed, or possess anhydrous ammonia in a container that is not designed, constructed, maintained, and authorized to contain or transport anhydrous ammonia.

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(d)

Transport anhydrous ammonia in a container that is not designed, constructed, maintained, and authorized to transport anhydrous ammonia.

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(e)

Use, deliver, receive, sell, or transport a container designed and constructed to contain anhydrous ammonia without the express consent of the owner or authorized custodian of the container.

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(f)

Tamper with any equipment or facility used to contain, store, or transport anhydrous ammonia.

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III.

The department of safety shall adopt rules, pursuant to RSA 541-A, in order to implement and enforce the provisions of this section.

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IV.

Except as provided in paragraph V, a person who tampers with anhydrous ammonia containers or equipment under this section shall have no cause of action for damages arising out of the tampering against:

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(a)

The owner or lawful custodian of the container or equipment;

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(b)

A person responsible for the installation or maintenance of the container or equipment; or

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(c)

A person lawfully selling or offering for sale the anhydrous ammonia.

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V.

Paragraph IV shall not apply to a cause of action against a person who unlawfully obtained the anhydrous ammonia or anhydrous ammonia container or who possesses the anhydrous ammonia or anhydrous ammonia container for any unlawful purpose.

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VI.

A person who knowingly violates paragraph II may be sentenced to imprisonment for not more than 5 years or a fine of not more than $50,000, or both. Source. 2006, 241:1, eff. Jan. 1, 2007.

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