2-1201c.   Ammonium nitrate dealers; registration;storage, security; records of sale; right to refuse sale.(a) Ammonium nitrate dealers shall register with thesecretary of agriculture. Registration shall be required for each businesslocation selling ammonium nitrate. Each registration shall expire on December31 following issuance unless the registration is renewed annually. Aregistration fee not to exceed $25 shall accompany the application forregistration for any ammonium nitrate dealer that is not registered as a customblender, if the fee is fixed by the secretary in rules and regulations.

      (b)   Ammonium nitrate storage shall be secured to provide reasonableprotection against vandalism, theft and unauthorized access.

      (c)   Ammonium nitrate dealers shall obtain the following regarding anysale of ammonium nitrate:

      (1)   Date of sale;

      (2)   quantity purchased;

      (3)   license number of the purchaser's valid state or federal driver's licenseor other picture identification card number deemed acceptable by the secretaryin rules and regulations;

      (4)   the purchaser's name, current physical address and telephone number;

      (5)   if the ammonium nitrate is received to a person other than the purchaser,the name, current physical address, telephone number and license number of thatperson's valid state or federal driver's license or other pictureidentification card number deemed acceptable by the secretary in rules andregulations; and

      (6)   the physical address of the person to whom the ammonium nitrate isdelivered if differentthan the physical address of the purchaser.

      (d)   Ammonium nitrate dealers shall maintain records of all informationrequired to be obtained pursuant to subsection (c) for a minimum of threeyears. The records shall be subject to inspection upon request by thesecretary of agriculture or the secretary's designee.

      (e)   Ammonium nitrate dealers may refuse to sell to any person attemptingto purchase ammonium nitrate out of season, in unusual quantities or undersuspect purchase patterns.

      (f)   In addition to any other penalties provided by law, each ammoniumnitrate dealer registration shall be subject to denial, suspension orrevocation pending a hearing in accordance with the provisions of the Kansasadministrative procedure act for any violation of this act whether committed bythe dealer or by the dealer's officers, agents or employees.

      (g)   The provisions of this section are part of and supplemental to article12 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto.

      History:   L. 2007, ch. 136, § 2; July 1.