S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3058

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
  tee on Agriculture

AN  ACT to amend the agriculture and markets law, in relation to storage
  of certain caustic substances

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The  legislature hereby finds and
declares that the illegal siphoning of ammonium hydroxide  or  anhydrous
ammonia  from  privately  owned storage tanks located primarily on farms
across the state of New York is both a crime and a public health hazard.
The anhydrous ammonia is used as an  ingredient  in  the  production  of
methamphetamine,  an  illegal  dangerous stimulant drug. The legislature
further finds that too many of these storage tanks are unlocked to unau-
thorized persons. Therefore, requiring the storage tanks to be retrofit-
ted to lock to prevent unauthorized access is in the public interest.
  S 2. The agriculture and markets law is amended by adding a new  arti-
cle 14-B to read as follows:
                               ARTICLE 14-B
                  STORAGE OF CERTAIN CAUSTIC SUBSTANCES
SECTION 172-M. DEFINITIONS.
        172-N. CAUSTIC SUBSTANCE STORAGE REQUIREMENTS.
        172-O. POWER OF COMMISSIONER TO INSPECT.
        172-P. ENFORCEMENT OF ARTICLE.
        172-Q. PENALTIES FOR VIOLATIONS.
        172-R. RULES AND REGULATIONS.
        172-S. CONSTRUCTION OF ARTICLE.
  S  172-M.  DEFINITIONS.  THE  FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  1. "ANHYDROUS AMMONIA" MEANS THE  DEHYDRATED  VERSION  OF  THE  LIQUID
FERTILIZER  AMMONIUM  HYDROXIDE  (NH3),  AS  DEFINED IN PARAGRAPH (1) OF
SUBDIVISION ONE OF SECTION ONE HUNDRED SEVENTY-ONE OF THIS CHAPTER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05567-01-9
              

A. 3058                             2

  2. "NURSE TANKS" MEANS ONE TYPE OF CONTAINER SYSTEM CURRENTLY USED  TO
STORE ANHYDROUS AMMONIA ON FARMS.
  3.  "TANK  LOCK"  MEANS  ANY OF SEVERAL TYPES OF VALVE LOCKING DEVICES
CURRENTLY AVAILABLE TO PREVENT UNAUTHORIZED ACCESS TO ANHYDROUS  AMMONIA
STORAGE TANKS.
  S 172-N. CAUSTIC SUBSTANCE STORAGE REQUIREMENTS. 1. IT SHALL BE UNLAW-
FUL TO STORE THE FOLLOWING CAUSTIC SUBSTANCES IN A NURSE TANK OR STORAGE
TANK  WITHOUT  AN  APPROVED  TANK  LOCK  TO PREVENT UNAUTHORIZED ACCESS:
ANHYDROUS AMMONIA OR AMMONIUM HYDROXIDE.
  2. THE DEPARTMENT SHALL ESTABLISH A PROCEDURE FOR APPROVING TANK LOCKS
EFFECTIVE  IN  PREVENTING  UNAUTHORIZED  SIPHONING   OF   SUCH   CAUSTIC
SUBSTANCES.
  S 172-O. POWER OF COMMISSIONER TO INSPECT. THE COMMISSIONER SHALL HAVE
POWER  TO INSPECT ANY SITE UTILIZING A STORAGE TANK CONTAINING THE CAUS-
TIC SUBSTANCES AS PROVIDED IN SECTION ONE HUNDRED SEVENTY-TWO-N OF  THIS
ARTICLE,  FOR  THE  PURPOSE  OF  ASSESSING THE EFFECTIVENESS OF THE TANK
LOCKS, AND INVESTIGATING SUSPECTED VIOLATIONS OF THIS ARTICLE.
  S 172-P. ENFORCEMENT OF ARTICLE.  THE  DEPARTMENT  SHALL  ENFORCE  THE
PROVISIONS OF THIS ARTICLE, AND IT IS HEREBY AUTHORIZED AND EMPOWERED TO
APPROVE  AND  REGISTER SUCH BRANDS AND LABELS INTENDED FOR USE UNDER THE
PROVISIONS OF THIS ARTICLE AS MAY BE SUBMITTED TO IT  FOR  THAT  PURPOSE
AND  AS MAY IN ITS JUDGMENT CONFORM TO THE REQUIREMENTS OF THIS ARTICLE;
PROVIDED, HOWEVER, THAT IN ANY PROSECUTION UNDER THIS ARTICLE  THE  FACT
THAT  ANY  BRAND  OR  LABEL  INVOLVED  IN  SAID PROSECUTION HAS NOT BEEN
SUBMITTED TO SUCH BOARD FOR APPROVAL, OR  IF  SUBMITTED,  HAS  NOT  BEEN
APPROVED BY IT, SHALL BE IMMATERIAL.
  S  172-Q.  PENALTIES  FOR VIOLATIONS. ANY PERSON FOUND IN VIOLATION OF
THE PROVISIONS OF THIS ARTICLE SHALL BE GUILTY  OF  A  MISDEMEANOR  AND,
UPON  CONVICTION  THEREOF,  BE  PUNISHED  BY A FINE OF NOT MORE THAN TWO
HUNDRED DOLLARS, OR BY IMPRISONMENT FOR NOT MORE THAN NINETY DAYS, OR BY
BOTH SUCH FINE AND IMPRISONMENT, IN THE DISCRETION OF THE COURT.
  S 172-R. RULES AND  REGULATIONS.  THE  COMMISSIONER  SHALL  ADOPT  AND
PROMULGATE SUCH RULES AND REGULATIONS TO SUPPLEMENT AND GIVE FULL EFFECT
TO THE PROVISIONS OF THIS ARTICLE AS HE OR SHE MAY DEEM NECESSARY.
  S  172-S. CONSTRUCTION OF ARTICLE. THIS ARTICLE IS NOT TO BE CONSTRUED
AS APPLYING TO ANY SUBSTANCE, SUBJECT TO THIS ARTICLE, SOLD AT WHOLESALE
OR RETAIL FOR USE BY A RETAIL DRUGGIST IN FILLING, OR IN  DISPENSING  IN
PURSUANCE OF, A PRESCRIPTION BY A PHYSICIAN, DENTIST OR VETERINARIAN; OR
FOR USE BY OR UNDER THE DIRECTION OF A PHYSICIAN, DENTIST OR VETERINARI-
AN;  OR  FOR  USE BY A CHEMIST IN THE PRACTICE OR TEACHING OF HIS OR HER
PROFESSION; OR FOR ANY INDUSTRIAL OR PROFESSIONAL USE OR FOR USE IN  ANY
OF THE ARTS AND SCIENCES.
  S  3.  Reporting  requirements.  The  commissioner  of agriculture and
markets shall make a report to the legislature within two years  of  the
effective date of this act assessing the effectiveness of the provisions
of  article 14-B of the agriculture and markets law, as added by section
two of this act, in deterring the unlawful siphoning of ammonium hydrox-
ide or anhydrous ammonia from  storage  tanks  and  recommendations  for
future legislation.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.