Title 6, Domestic SecurityRelease 119-110

§488e Prohibitions and Penalty

Title 6 › CHAPTER 1 — HOMELAND SECURITY ORGANIZATION › SUBCHAPTER VIII — COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS › Part J — Secure Handling of Ammonium Nitrate › § 488e

Last updated Sep 22, 2026|Official source

Summary

People may not buy ammonium nitrate unless they are registered under subsection (c) or (d) of section 488a, or are acting as an agent for someone who is registered. Owners of places that sell or store ammonium nitrate may not give it to anyone who is not so registered. These rules about buying and transferring will start 6 months after the Secretary issues the final rule that puts the requirements in effect. Someone who breaks these rules can be fined up to $50,000 for each violation. When deciding the fine, the Secretary will look at what happened, any past violations, the person’s ability to pay, how the fine will affect their business, and any other fair considerations. No fine can be charged unless the person is given notice and a chance for a hearing in their county, parish, or city of residence.

Full Legal Text

Title 6, §488e

Domestic Security, Source: USLM XML via OLRC

(a)Prohibitions

(1)Taking possession

No person shall purchase ammonium nitrate from an ammonium nitrate facility unless such person is registered under subsection (c) or (d) of section 488a of this title, or is an agent of a person registered under subsection (c) or (d) of that section.

(2)Transferring possession

An owner of an ammonium nitrate facility shall not transfer possession of ammonium nitrate from the ammonium nitrate facility to any ammonium nitrate purchaser who is not registered under subsection (c) or (d) of section 488a of this title, or to any agent acting on behalf of an ammonium nitrate purchaser when such purchaser is not registered under subsection (c) or (d) of section 488a of this title.

(3)Other prohibitions

No person shall—

(A)purchase ammonium nitrate without a registration number required under subsection (c) or (d) of section 488a of this title;

(B)own or operate an ammonium nitrate facility without a registration number required under section 488a(c) of this title; or

(C)fail to comply with any requirement or violate any other prohibition under this part.

(b)Civil penalty

A person that violates this part may be assessed a civil penalty by the Secretary of not more than $50,000 per violation.

(c)Penalty considerations

In determining the amount of a civil penalty under this section, the Secretary shall consider—

(1)the nature and circumstances of the violation;

(2)with respect to the person who commits the violation, any history of prior violations, the ability to pay the penalty, and any effect the penalty is likely to have on the ability of such person to do business; and

(3)any other matter that the Secretary determines that justice requires.

(d)Notice and opportunity for a hearing

No civil penalty may be assessed under this part unless the person liable for the penalty has been given notice and an opportunity for a hearing on the violation for which the penalty is to be assessed in the county, parish, or incorporated city of residence of that person.

(e)Delay in application of prohibition

Paragraphs (1) and (2) of subsection (a) shall apply on and after the date that is 6 months after the date that the Secretary issues a final rule implementing this part.

Reference

Citations & Metadata

Citation

6 U.S.C. § 488e

Title 6, Domestic Security

Last Updated

Sep 22, 2026

Release point: 119-110