TITLE 37

FOOD, DRUGS, AND OIL

CHAPTER 27

UNIFORM CONTROLLED SUBSTANCES

ARTICLE IV

37-2734C.  Prohibited acts f — Penalties.  (1) A person is guilty of the crime of unlawful storage of anhydrous ammonia in a container that:

(a)  Is not approved by the United States department of transportation to hold anhydrous ammonia; or

(b)  Was not constructed to meet state and federal industrial health and safety standards for holding anhydrous ammonia.

(2)  Violation of this section is a felony.

(3)  This section does not apply to public employees or private contractors authorized to clean up and dispose of hazardous waste or toxic substances pursuant to the provisions of chapter 22, title 49, Idaho Code.

(4)  Any damages arising out of the unlawful possession of, storage of, or tampering with anhydrous ammonia equipment shall be the sole responsibility of the person or persons unlawfully possessing, storing or tampering with the anhydrous ammonia. In no case shall liability for damages arising out of the unlawful possession of, storage of, or tampering with anhydrous ammonia or anhydrous ammonia equipment extend to the lawful owner, installer, maintainer, designer, manufacturer, possessor or seller of the anhydrous ammonia or anhydrous ammonia equipment, unless such damages arise out of the acts or omissions of the owner, installer, maintainer, designer, manufacturer, possessor or seller that constitute negligent misconduct to abide by the laws regarding anhydrous ammonia possession and storage.

History:

[37-2734C, added 2002, ch. 257, sec. 3, p. 748.]