State Codes and Statutes

Statutes > Utah > Title-58 > Chapter-37c > 58-37c-19-9

58-37c-19.9. Anhydrous ammonia is a precursor -- Requirements regardingpurposes and containers.
(1) A person is guilty of a class A misdemeanor who is not licensed to engage in aregulated transaction and is not excepted from licensure or exempted under Subsection (2), andwho possesses any amount of anhydrous ammonia under circumstances not amounting to aviolation of Subsection 58-37c-3(12)(k) or 58-37d-4(1)(a).
(2) A person who possesses anhydrous ammonia has an affirmative defense to a chargeunder Subsection (1) if the person is:
(a) directly involved in or actively operating land in agricultural use as defined in Section59-2-502;
(b) a retail distributor, wholesaler, manufacturer, warehouseman, or common carrier, oran agent of any of these persons, who possesses anhydrous ammonia in the regular course oflawful business activities;
(c) directly involved in or actively operating a business or other lawful activity providingor using anhydrous ammonia for refrigeration applications; or
(d) directly involved in or actively operating a lawful business enterprise, including anindustrial enterprise, that uses anhydrous ammonia in the regular course of its business activities.

Enacted by Chapter 272, 2000 General Session