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Ch. 207
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2005 LAWS OF MARYLAND
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Agriculture
6-209.1.
(A) A DISTRIBUTOR SHALL MAINTAIN, FOR AT LEAST 2 YEARS, A RECORD OF
ALL SALES OR DISTRIBUTIONS OF AMMONIUM NITRATE FERTILIZER INCLUDING:
(1) THE DATE OF SALE OR DELIVERY OF THE FERTILIZER;
(2) THE NAME, ADDRESS, AND COPY OF THE DRIVER'S LICENSE OR
PICTURE IDENTIFICATION CARD OF THE BUYER OR RECIPIENT;
(3) THE AMOUNT QUANTITY OF THE FERTILIZER SOLD OR DELIVERED;
AND
(4) ANY OTHER INFORMATION REQUIRED BY THE SECRETARY.
(B) A DISTRIBUTOR MAY REFUSE TO SELL OR DISTRIBUTE AMMONIUM
NITRATE FERTILIZER TO A BUYER OR RECIPIENT WHO ATTEMPTS TO PURCHASE
ACQUIRE AMMONIUM NITRATE OUT OF SEASON, IN UNUSUAL QUANTITIES, OR
UNDER SUSPECT PURCHASE ACQUISITION PATTERNS.
(C) EACH PERSON WHO REGISTERS AMMONIUM NITRATE IN ACCORDANCE
WITH § 6-207 OF THIS SUBTITLE SHALL FURNISH THE SECRETARY WITH A
SEMIANNUAL STATEMENT OF THE INFORMATION REQUIRED UNDER SUBSECTION (A)
OF THIS SECTION.
(C) (B) RECORDS MAINTAINED PURSUANT TO SUBSECTION (A) OF THIS
SECTION SHALL BE MADE AVAILABLE TO THE SECRETARY UPON REQUEST.
(D) THE SECRETARY MAY NOT REGISTER A DISTRIBUTOR WHO FAILS TO
COMPLY WITH THE REPORTING REQUIREMENTS IN ACCORDANCE WITH SUBSECTION
(C) OF THIS SECTION.
(D) (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
THE SECRETARY SHALL MAINTAIN ALL RECORDS OR REPORTS REQUESTED UNDER
SUBSECTION (C) (B) OF THIS SECTION IN A MANNER THAT PROTECTS THE IDENTITY
AND LOCATION OF THE DISTRIBUTOR AND BUYER OR RECIPIENT.
(2) IF THE SECRETARY DETERMINES THAT THE DISCLOSURE IS
NECESSARY TO PROTECT THE PUBLIC, THE SECRETARY MAY DISCLOSE THE
IDENTITY AND LOCATION OF THE DISTRIBUTOR AND BUYER OR RECIPIENT TO A
FEDERAL, STATE, OR LOCAL GOVERNMENT OR UNIT OF GOVERNMENT THAT
REQUESTS THE INFORMATION IN THE COURSE OF PERFORMING ITS DUTIES
RELATED TO PUBLIC SAFETY.
(E) (D) IN CONSULTATION WITH THE OFFICE OF HOMELAND SECURITY, THE
SECRETARY SHALL ADOPT REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS
SECTION.
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- 1184 -
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