Utah Code 58-37c-19.9. Anhydrous ammonia is a precursor — Requirements regarding purposes and containers
Current as of: 2023 | Check for updates
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(1) | A person is guilty of a class A misdemeanor 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-3(11)(k) or 58-37d-4(1)(a). |
Class | Prison | Fine |
---|---|---|
class A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 58-37c-19.9
- Land: includes :Utah Code 68-3-12.5
- Person: means any individual, group of individuals, proprietorship, partnership, joint venture, corporation, or organization of any type or kind. See Utah Code 58-37c-3
- Regulated transaction: means any actual, constructive or attempted:
(a) transfer, distribution, delivery, or furnishing by a person within the state to another person within or outside of the state of a threshold amount of a listed precursor chemical; or (b) purchase or acquisition by any means by a person within the state from another person within or outside the state of a threshold amount of a listed precursor chemical. See Utah Code 58-37c-3 - Retail distributor: means a grocery store, general merchandise store, drug store, or other entity or person whose activities as a distributor are limited almost exclusively to sales for personal use:
(a) in both number of sales and volume of sales; and (b) either directly to walk-in customers or in face-to-face transactions by direct sales. See Utah Code 58-37c-3 (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 its business activities. Amended by Chapter 262, 2013 General Session
Amended by Chapter 413, 2013 General Session - Retail distributor: means a grocery store, general merchandise store, drug store, or other entity or person whose activities as a distributor are limited almost exclusively to sales for personal use: