Title 6 — Domestic SecurityRelease 119-73not60

§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 Apr 3, 2026|Official source

Summary

You must not buy ammonium nitrate unless you are registered under section 488a(c) or 488a(d), or you are an agent of someone who is registered. A facility owner must not give ammonium nitrate to anyone who is not registered under section 488a(c) or 488a(d) or to an agent acting for an unregistered purchaser. You also must have any registration number required under section 488a(c) or 488a(d) to purchase or to own or run an ammonium nitrate facility, and you must follow all other rules in this part. The buying and selling rules above start 6 months after the Secretary issues the final implementing rule. The Secretary can fine a person up to $50,000 for each violation. When deciding the fine, the Secretary will look at the nature of the violation, any past violations, the person’s ability to pay, how the fine would affect the business, and any other fair reasons. No fine can be imposed until the person gets notice and a chance for a hearing in the county, parish, or incorporated city where they live.

Full Legal Text

Title 6, §488e

Domestic Security — Source: USLM XML via OLRC

(a)(1)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)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)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)A person that violates this part may be assessed a civil penalty by the Secretary of not more than $50,000 per violation.

(c)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)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)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

Apr 3, 2026

Release point: 119-73not60