compensation paid to an employee whose duties include the manufacture

of an explosive, or the use, processing, handling, on-site movement or

storage of an explosive that is related to its manufacture, must be based

solely on the number of hours the employee works. The provisions of this

subsection do not apply to persons employed in the mining industry.

1. 2. Any person who violates the provisions of subsection 1:

1. (a) For the first violation, shall be punished by a fine of not less than

1. $10,000 nor more than $20,000.

1. (b) For the second or any subsequent violation, shall be punished by a

1. fine of not less than $20,000 nor more than $50,000.

1. 3. Except as otherwise provided in subsection 4, as used in this

1. cause an explosion.

(a) Ammunition for small arms, or any component thereof;

(b) Black powder commercially manufactured in quantities that do

not exceed 50 pounds, percussion caps, safety and pyrotechnic fuses,

quills, quick and slow matches, and friction primers that are intended to

be used solely for sporting, recreation or cultural purposes:

(1) In an antique firearm, as that term is defined in 18 U.S.C. §

921(a)(16), as that section existed on January 1, 1999; or

(2) In an antique device which is exempted from the definition of

"destructive device" pursuant to 18 U.S.C. § 921(a)(4), as that section

existed on January 1, 1999; or

(c) Any explosive that is manufactured under the regulation of a

military department of the United States, or that is distributed to, or

possessed or stored by, the military or naval service or any other agency

of the United States, or an arsenal, a navy yard, a depot or any other

establishment owned by or operated on behalf of the United States.