Title 21Food and DrugsRelease 119-73

§864a Grants to reduce production of methamphetamines from anhydrous ammonia

Title 21 › Chapter CHAPTER 13— - DRUG ABUSE PREVENTION AND CONTROL › Subchapter SUBCHAPTER I— - CONTROL AND ENFORCEMENT › Part Part D— - Offenses and Penalties › § 864a

Last updated Apr 6, 2026|Official source

Summary

Provides grants so farmers and related businesses can add a physical lock or a chemical to anhydrous ammonia fertilizer nurse tanks to make the ammonia harder to use for making methamphetamine. Eligible recipients are: a producer of agricultural commodities; a cooperative whose majority members produce or process agricultural commodities; or a business that mostly sells farm supplies to farmers and ranchers or that applies agricultural chemicals by air or ground. A "nurse tank" is treated as a cargo tank under 49 CFR 173.315(m) as of the law’s enactment date. Each grant pays a per-tank amount set by the Secretary between $40 and $60, multiplied by the number of the entity’s nurse tanks. Up to $15,000,000 was authorized for these grants for fiscal years 2008 through 2012.

Full Legal Text

Title 21, §864a

Food and Drugs — Source: USLM XML via OLRC

(a)In this section:
(1)The term “eligible entity” means—
(A)a producer of agricultural commodities;
(B)a cooperative association, a majority of the members of which produce or process agricultural commodities; or
(C)a person in the trade or business of—
(i)selling an agricultural product (including an agricultural chemical) at retail, predominantly to farmers and ranchers; or
(ii)aerial and ground application of an agricultural chemical.
(2)The term “nurse tank” shall be considered to be a cargo tank (within the meaning of section 173.315(m) of title 49, Code of Federal Regulations, as in effect as of the date of the enactment of this Act).
(b)The Secretary may make a grant to an eligible entity to enable the eligible entity to obtain and add to an anhydrous ammonia fertilizer nurse tank a physical lock or a substance to reduce the amount of methamphetamine that can be produced from any anhydrous ammonia removed from the nurse tank.
(c)The amount of a grant made under this section to an eligible entity shall be the product obtained by multiplying—
(1)an amount not less than $40 and not more than $60, as determined by the Secretary; and
(2)the number of fertilizer nurse tanks of the eligible entity.
(d)There is authorized to be appropriated to the Secretary to make grants under this section $15,000,000 for the period of fiscal years 2008 through 2012.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of this Act, referred to in subsec. (a)(2), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. Codification Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and not as part of the Controlled Substances Act which comprises this subchapter.

Statutory Notes and Related Subsidiaries

Effective Date

Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. Definition of “Secretary” “Secretary” as meaning the Secretary of Agriculture, see section 8701 of Title 7, Agriculture.

Reference

Citations & Metadata

Citation

21 U.S.C. § 864a

Title 21Food and Drugs

Last Updated

Apr 6, 2026

Release point: 119-73