§ 25-21,281.Tampering with anhydrous ammonia or anhydrous ammonia equipment; effect on liability.

Anhydrous ammonia is a common farm input, and also a substance some people illegally divert to manufacture methamphetamine, often by breaking into tanks or equipment not built to resist that tampering. Section 25-21,281 protects the lawful side of that equation. A person who owns, maintains, or installs anhydrous ammonia equipment, or who uses, sells, or transports the substance itself for a lawful purpose, is not liable to someone who tampers with the ammonia or the equipment, even if that tampering leads to the tamperer’s own personal injury, wrongful death, or other damages.

The protection is not absolute. It falls away if the liability results from the willful, wanton, reckless, or intentional acts or omissions of the person seeking the protection, meaning a farmer or supplier who stores ammonia so carelessly that it amounts to reckless disregard for safety cannot hide behind this section. The section also defines its two key terms: anhydrous ammonia equipment means application or storage equipment that meets applicable state and federal safety standards, and tampering means intentionally, knowingly, and unlawfully gaining or attempting to gain access to the ammonia or its equipment.