DHS GIVES TEMPORARY EXTENSION TO AG PRODUCERS
The Department of Homeland Security (DHS) announced in a letter dated December 21, 2007 that ag producers will be exempt from registering and completing Top-Screen requirements outlined in the Chemical Facility Anti-Terrorism Standards or CFATS for short. The letter signed by DHS Assistant Secretary Robert Stephan states that until further notice the Top Screens will not be required for any facility for use in preparation or treatment of crops, feed, land, livestock or other areas of an agricultural production facility or during application to or treatment of crops, feed, land livestock or other areas of an agricultural production facility. In the letter, DHS clearly states the extension applies to facilities such as farms (e.g., crop, fruit, nut, and vegetable) ranches and rangeland; poultry, dairy, and equine facilities; turf grass growers, golf courses; nurseries; floricultural operations; and public and private parks.
According to DHS, this extension does not apply to chemical distribution facilities, or commercial chemical application services. The main reason cited for exempting farm operations was also in the letter from DHS. Since DHS is authorized to regulate the sale and transfer of ammonium nitrate, then many farmers and other agricultural operations will fall under this new ammonium nitrate regulation and therefore should be exempt from CFATS. IFCA has submitted a letter to DHS asking that since ag retail operations will also fall under DHS regulation for the sale and transfer of ammonium nitrate, then ag retailers also should get an extension/exemption from registering and submitting the Top-Screen information as well as suggesting not exempting farm operations from this regulation. DHS did state this is a temporary extension of the deadline and farmers can be covered under the regulation anytime DHS sees fit. At this time, the deadline to register your facility and complete the Top-Screen process is January 22, 2008.
If you have any questions about registering your facility or need help completing the Top-Screen procedure, please contact Kevin at the IFCA office.
According to DHS, this extension does not apply to chemical distribution facilities, or commercial chemical application services. The main reason cited for exempting farm operations was also in the letter from DHS. Since DHS is authorized to regulate the sale and transfer of ammonium nitrate, then many farmers and other agricultural operations will fall under this new ammonium nitrate regulation and therefore should be exempt from CFATS. IFCA has submitted a letter to DHS asking that since ag retail operations will also fall under DHS regulation for the sale and transfer of ammonium nitrate, then ag retailers also should get an extension/exemption from registering and submitting the Top-Screen information as well as suggesting not exempting farm operations from this regulation. DHS did state this is a temporary extension of the deadline and farmers can be covered under the regulation anytime DHS sees fit. At this time, the deadline to register your facility and complete the Top-Screen process is January 22, 2008.
If you have any questions about registering your facility or need help completing the Top-Screen procedure, please contact Kevin at the IFCA office.
