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Legislation being considered in Congress would require anyone who produces, sells or purchases ammonium nitrate to register with the Department of Homeland Security.

The bills introduced in both the House and Senate aim to ensure that farmers can keep using the popular fertilizer while keeping it out of the hands of terrorists, lawmakers said. The chemical, which was used in the 1995 Oklahoma City bombing that killed 168 people, has been called the "weapon of choice for terrorists" by Rep. Peter King, R-NY, chairman of the House Committee on Homeland Security.

In April, the House Homeland Security Committee unanimously approved the Secure Handling of Ammonium Nitrate Act and Sen. Mark Pryor, D-Ark., introduced companion legislation in the Senate last month.

While Farm Bureau has not taken a formal position on the bills, it does not object to an identification check requirement or a requirement that sellers retain the names and addresses of purchasers of ammonium nitrate, said Adam Sharp, Ohio Farm Bureau’s senior director of national and regulatory policy.

"We support ammonium nitrate legislation as long as the requirements are reasonable for farmers, fertilizer distributors and dealers. We would be concerned about unreasonable costs and paperwork for farmers," he said.

The proposed bills would secure the legitimate use of ammonium nitrate by tracking its sale and distribution. Last year 2.2 million tons of the fertilizer was used in the United States for agriculture, Pryor said while introducing his Senate bill.

Facilities would only be allowed to sell or transfer possession of ammonium nitrate to registered purchasers and would have the right to refuse to sell to suspicious purchasers. They also would be required to keep sales records for at least two years.

Only purchasers who "take possession/ownership" of ammonium nitrate at the point of sale would be required to register with the Department of Homeland Security. That means that anybody who buys ammonium nitrate but has it "custom applied" to a field or crop by the distributor/retailer would not have to register since that purchaser has not taken actual possession/ownership of the fertilizer. Most ammonium nitrate is custom applied by distributors and retailers, according to AFBF.

The bills, which do not pre-empt state laws, require all thefts or unexplained losses to be reported to federal officials within 24 hours.

"Farm Bureau is not opposed to the current versions of ammonium nitrate legislation because they may help counter attempts to completely outlaw the chemical," Sharp said. "We want to make sure the fertilizer is not limited for farmers and that the requirements aren’t too burdensome for our members."