2-1119.Tampering with anhydrous ammonia equipment, containers, or storage facilities.
Article II. Civil Practice · Part 11. Trial · Last amended 2000 · Last verified July 20, 2026
In one sentenceImmunizes anhydrous ammonia owners, sellers, and lawful users from civil liability, and bars derivative lawsuits, when someone is hurt after tampering with the equipment -- unless the owner or operator acted with willful and wanton negligence.
(a)A person tampering with anhydrous ammonia equipment,
containers, or storage facilities does not have a cause of action against the owner of the equipment, containers, or storage facilities, any person responsible for the installation or operation of the equipment, containers, or storage facilities, the person lawfully selling anhydrous ammonia, the person who lawfully purchases anhydrous ammonia for agricultural purposes, or the person who operates or uses anhydrous ammonia equipment, containers, or storage facilities when lawfully applying anhydrous ammonia for agricultural purposes.
(b)No person may commence a derivative action against the owner of anhydrous ammonia equipment, containers, or storage facilities, any person responsible for the installation or operation of the equipment, containers, or storage facilities, the person lawfully selling anhydrous ammonia, the person who lawfully purchases anhydrous ammonia for agricultural purposes, or the person who operates or uses anhydrous ammonia equipment, containers, or storage facilities when lawfully applying anhydrous ammonia for agricultural purposes when the injured person has tampered with anhydrous ammonia equipment, containers, or storage facilities.
(c)Tampering with anhydrous ammonia equipment, containers, or storage facilities occurs when any person who is not authorized by the owner of the anhydrous ammonia or anhydrous ammonia equipment, containers, or storage facilities transfers or attempts to transfer anhydrous ammonia to another container or causes damage to anhydrous ammonia equipment, containers, or storage facilities.
(d)For purposes of this Section: "Anhydrous ammonia" means the compound defined in paragraph (d) of Section 3 of the Illinois Fertilizer Act of 1961.
"Anhydrous ammonia equipment", "anhydrous ammonia storage containers", and "anhydrous ammonia storage facilities" are defined in the rules adopted under the Illinois Fertilizer Act of 1961.
(e)The immunity to civil liability provided in this Section does not apply to any act or omission caused by the willful and wanton negligence of any person.
Plain-English Summary
Subsection (a) grants immunity to several actors -- the owner of the anhydrous ammonia equipment, containers, or storage facilities; whoever installs or operates them; the lawful seller of anhydrous ammonia; the lawful agricultural buyer; and whoever lawfully applies it for agricultural purposes -- against a cause of action brought by a person who tampered with that equipment, those containers, or those storage facilities.
Subsection (b) extends that protection to derivative claims: no one may bring a derivative action against those same actors when the injured person tampered with the equipment, containers, or storage facilities.
Subsection (c) defines tampering as an unauthorized person transferring or attempting to transfer anhydrous ammonia to another container, or causing damage to the equipment, containers, or storage facilities.
Subsection (d) cross-references the Illinois Fertilizer Act of 1961 for the technical definitions of anhydrous ammonia and the related equipment, containers, and facilities. Subsection (e) makes clear the immunity does not cover any act or omission caused by willful and wanton negligence, so reckless conduct falls outside the protection this section otherwise grants.
Frequently Asked Questions
Who is protected from liability under this section?
The owner of the equipment, those who install or operate it, lawful sellers and agricultural buyers of anhydrous ammonia, and lawful users applying it for agriculture.
What counts as tampering under this section?
An unauthorized person transferring or attempting to transfer anhydrous ammonia to another container, or damaging the equipment, containers, or storage facilities.
Can someone bring a derivative claim tied to an injured tamperer?
No. Subsection (b) bars derivative actions against the protected parties when the injured person tampered with the equipment.
Is the immunity absolute?
No. It doesn't cover acts or omissions caused by willful and wanton negligence.
Where are anhydrous ammonia and related terms defined?
In the Illinois Fertilizer Act of 1961 and the rules adopted under it.
Amendment History
(Source: P.A. 91-263, eff. 1-1-00.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as:anhydrous ammonia tampering immunity illinoisillinois fertilizer act civil liabilityagricultural equipment tampering lawsuit illinois