Ammonium Nitrate Security Requirements for Fertilizer Manufacturers, Distributors and Retailers

Ammonium nitrate security legislation (Public Act 68) was signed into Michigan law on July 11, 2005.  It amends the Michigan fertilizer law, Act 451, Part 85, Fertilizers to do the following:

• Requires retailers to secure ammonium nitrate fertilizer at all times against vandalism, theft, or unauthorized access.
• Requires retailers to keep records of ammonium nitrate sales for at least two years and make them available for inspection or audit by the Michigan Department of Agriculture & Rural Development (MDARD).  Records are exempt from disclosure under the Freedom of Information Act.
• Allows retailers the authority to refuse to sell ammonium nitrate fertilizer to any person attempting to purchase it out of season, in unusual patterns or circumstances, or in unusual amounts as determined by the retailer.  MDARD will not suspend or revoke a license of a distributor or manufacturer who refuses to sell the fertilizer under such circumstances.

Michigan retailers must obtain the following information regarding any sale of ammonium nitrate fertilizer:

• Date of sale
• Quantity purchased
• Number of the purchaser's valid State operator's license with the appropriate endorsement, if applicable, or other number from a photo ID approved by MDARD.
• The purchaser's name, current address, and telephone number.
• The agency relationship, if any, between the purchaser and the person picking up or accepting delivery of the fertilizer.

Recordkeeping Form (Prints on 11x14 paper)
Michigan Fertilizer Law - Sections 8515 and 8518 discuss the new security requirements.

NOTE:  The new security requirements only apply to ammonium nitrate as a single nutrient fertilizer (33-34% Nitrogen).  Use of ammonium nitrate fertilizer in blends, e.g. 12-12-12, is not included.