20 ILCS 205/ Civil Administrative Code of Illinois. (Department of Agriculture Law)

(20 ILCS 205/Art. 205 heading) ARTICLE 205. DEPARTMENT OF AGRICULTURE

(20 ILCS 205/205-1)

Sec. 205-1. Article short title. This Article 205 of the Civil Administrative Code of Illinois may be cited as the Department of Agriculture Law.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-5)

Sec. 205-5. Definition. In this Law, "Department" means the Department of Agriculture.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-10) (was 20 ILCS 205/40)

Sec. 205-10. Powers, generally. The Department has the powers enumerated in the following Sections.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-15) (was 20 ILCS 205/40.7 and 205/40.8)

Sec. 205-15. Promotional activities.

(a) The Department has the power to encourage and promote, in every practicable manner, the interests of agriculture, including horticulture, the livestock industry, dairying, cheese making, poultry, bee keeping, forestry, the production of wool, and all other allied industries. In furtherance of the duties set forth in this Section, the Department may establish trust funds and bank accounts in adequately protected financial institutions to receive and disburse monies in connection with the conduct of food shows, food expositions, trade shows, and other promotional activities and to sell at cost, to qualified applicants, signs designating farms that have been owned for 100 years or more, 150 years or more, or 200 years or more by lineal or collateral descendants of the same family as "Centennial Farms", "Sesquicentennial Farms", or "Bicentennial Farms" respectively. The Department shall provide applications for the signs, which shall be submitted with the required fee. "Centennial Farms", "Sesquicentennial Farms", and "Bicentennial Farms" signs shall not contain within their design the name, picture, or other likeness of any elected public official or any appointed public official.

(b) The Department has the power to promote improved methods of conducting the several industries described in subsection (a) with a view to increasing the production and facilitating the distribution thereof at the least cost.

(c) The Department may sell at cost, to qualified applicants, signs designating an agribusiness that has been operated for 100 years or more or more than 150 years or more as the same agribusiness. As used in this subsection (c), "agribusiness" means a business or businesses under the same name or ownership that are collectively associated with the production, processing, or distribution of agricultural products, or an organization that promotes the economic well-being and expansion of this State's agriculture industry. The Department shall provide applications for the signs, which shall be submitted with the required fee.

(Source: P.A. 99-823, eff. 1-1-17; 99-824, eff. 8-16-16; 100-201, eff. 8-18-17; 100-846, eff. 8-14-18.)

(20 ILCS 205/205-20) (was 20 ILCS 205/40.7a)

Sec. 205-20. State Fair promotion. The Department has the power to encourage and promote agriculture and related industries and activities associated with the Illinois State Fair. The Department may establish State Fair and treasury held funds to receive and disburse moneys in connection with the conduct and promotion of activities held at the Illinois State Fair.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-23)

Sec. 205-23. State Fair; exhibits. The Department shall rename the Ethnic Village exhibit at the Illinois State Fair to the Village of Cultures.

(Source: P.A. 101-216, eff. 1-1-20.)

(20 ILCS 205/205-25) (was 20 ILCS 205/40.14)

Sec. 205-25. Institutes, societies, fairs, and exhibits. The Department has the power to assist, encourage, and promote the organization of farmers' institutes, horticultural and agricultural societies, the holding of fairs, fat stock shows, or other exhibits of the products of agriculture, and the breeding and racing of Illinois conceived and foaled horses.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-27)

Sec. 205-27. Livestock show promotion grants. The Department has the power to develop and implement a program of grants to promote National Junior Livestock Association production livestock shows that have been approved by the Department and are scheduled to be held at the Illinois State Fair or the DuQuoin State Fair. Grant applicants must be nonprofit organizations that organize or sponsor the shows and must submit information requested by the Department to verify their nonprofit nature and financial condition.

Criteria for awarding grants shall include, but need not be limited to, the following: (i) the length of the show; (ii) the estimated proceeds of the show; (iii) the number of entries in the show; and (iv) the economic impact of the show upon the State.

Grants shall be awarded from funds appropriated for this purpose to a maximum of $100,000 per fiscal year. Any number of grants may be awarded, but no single grant may exceed $25,000 and no more than one grant may be awarded for the promotion of one show.

(Source: P.A. 90-641, eff. 1-1-99; 91-239, eff. 1-1-00.)

(20 ILCS 205/205-30) (was 20 ILCS 205/40.9)

Sec. 205-30. Production and marketing statistics. The Department has the power to collect and publish statistics relating to crop production and marketing and to the production of and marketing of beef, pork, poultry, mutton, wool, butter, cheese, and other agricultural products so far as that statistical information may be of value to the agricultural and allied interests of the State.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-35) (was 20 ILCS 205/40.10)

Sec. 205-35. Market news and bulletins. The Department has the power to collect, analyze, and publish market news and to establish facilities and publish bulletins and news reports that may be necessary and proper in order to keep producers and handlers informed concerning supply, demand, and other economic conditions affecting and related to the sale of livestock and other agricultural products produced in the State of Illinois.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-40) (was 20 ILCS 205/40.31)

Sec. 205-40. Export consulting service and standards. The Department and, upon request, the Department of Commerce and Economic Opportunity, shall (1) provide a consulting service to those who desire to export farm products, commodities, and supplies and guide them in their efforts to improve trade relations; (2) cooperate with agencies and instrumentalities of the federal government to develop export grade standards for farm products, commodities, and supplies produced in Illinois and adopt reasonable rules and regulations to ensure that exports of those products, commodities, and supplies comply with those standards; (3) upon request and after inspection of any such farm product, commodity, or supplies, certify compliance or noncompliance with those standards; (4) provide an informational program to existing and potential foreign importers of farm products, commodities, and supplies; (5) qualify for U. S. Department of Agriculture matching funds for overseas promotion of farm products, commodities, and supplies according to the federal requirements regarding State expenditures that are eligible for matching funds; and (6) provide a consulting service to persons who desire to export processed or value-added agricultural products and assist those persons in ascertaining legal and regulatory restrictions and market preferences that affect the sale of value-added agricultural products in foreign markets.

(Source: P.A. 103-363, eff. 7-28-23.)

(20 ILCS 205/205-42)

Sec. 205-42. Certification. The Department may develop and implement organic, identity preserved, and value-added certification processes and programs that guarantee a buyer that the certified Illinois products have traits and qualities that warrant a premium price or an increase in added value. The Department may adopt rules setting certification and licensing standards for persons to certify products under this Section.

(Source: P.A. 100-844, eff. 8-14-18.)

(20 ILCS 205/205-43)

Sec. 205-43. Market access. The Department may (i) identify international and domestic consumer preferences, (ii) identify the new markets those preferences indicate, particularly for value-added products, (iii) identify preserved products, (iv) underwrite demonstrations on foreign soils, and (v) provide market analyses and trend projections to farmers and other interested persons.

(Source: P.A. 100-844, eff. 8-14-18.)

(20 ILCS 205/205-45) (was 20 ILCS 205/40.36)

Sec. 205-45. "Illinois Product" label program. The Department has the power to administer the "Illinois Product" label program, whereby a label with the words "Illinois Product" on it may be placed on food and agribusiness commodities produced, processed, or packaged in Illinois.

(Source: P.A. 100-844, eff. 8-14-18.)

(20 ILCS 205/205-46)

Sec. 205-46. (Repealed).

(Source: P.A. 96-579, eff. 8-18-09. Repealed by P.A. 100-844, eff. 8-14-18.)

(20 ILCS 205/205-47)

Sec. 205-47. (Repealed).

(Source: P.A. 91-560, eff. 8-14-99; 92-16, eff. 6-28-01. Repealed by P.A. 92-346, eff. 8-14-01.)

(20 ILCS 205/205-50) (was 20 ILCS 205/40.40)

Sec. 205-50. Ginseng marketing program. The Department has the power to develop a ginseng marketing program for domestic and international markets.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-55) (was 20 ILCS 205/40.27)

Sec. 205-55. Gasohol and other alcohol fuels promotion. The Department has the power to promote the use of gasohol and other alcohol fuels and to promote the utilization of agricultural crops for the production of alcohol fuels, particularly the use of by-products of such crops without diminishing the primary utilization of such crops.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-60) (was 20 ILCS 205/40.35)

Sec. 205-60. (Repealed).

(Source: P.A. 92-16, eff. 6-28-01. Repealed by P.A. 102-555, eff. 1-1-22.)

(20 ILCS 205/205-62)

Sec. 205-62. State agriculture planning agency. The Department is the State agriculture planning agency. The Department may accept and use planning grants or other financial assistance from the federal government (i) for statewide comprehensive planning work, including research and coordination activity directly related to agriculture needs; and (ii) for State and interstate comprehensive planning and research and coordination activity related to that planning. Grants shall be subject to the terms and conditions prescribed by the federal government.

(Source: P.A. 100-844, eff. 8-14-18.)

(20 ILCS 205/205-65)

Sec. 205-65. Municipal Urban Agricultural Areas. The Department shall adopt rules consistent with the purposes of Division 15.4 of the Illinois Municipal Code. The Department shall adopt, at a minimum, rules defining "small or medium sized farmer", "beginning farmer", "limited resource farmer", and "socially-disadvantaged farmer" as used in Section 11-15.4-5 of the Illinois Municipal Code and shall consider definitions of these terms set forth in the Agricultural Act of 2014 or the most recent federal Agricultural Act and the use of those terms by the United States Department of Agriculture. Upon request from a municipality, the Department shall issue opinions regarding the consistency of applicants covered under these definitions.

(Source: P.A. 100-1133, eff. 1-1-19.)

(20 ILCS 205/205-100) (was 20 ILCS 205/40.11)

Sec. 205-100. Trees and shrubs; insect pests and plant diseases. The Department has the power to encourage the planting of trees and shrubs and the improvement of farm homes generally and to provide for the suppression and control of insect pests and plant diseases.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-103)

Sec. 205-103. (Repealed).

(Source: P.A. 98-24, eff. 6-19-13. Repealed by P.A. 100-844, eff. 8-14-18.)

(20 ILCS 205/205-105) (was 20 ILCS 205/40.24)

Sec. 205-105. County soil surveys. The Department shall provide funds sufficient to pay 25% of the cost of conducting county soil surveys conducted pursuant to Part 611 of Subchapter B, Chapter VI, Title 7 of the Code of Federal Regulations.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-110) (was 20 ILCS 205/40.28)

Sec. 205-110. Forestry management; farmland preservation. The Department has the power to provide information and assistance to farmland owners in this State regarding the economic and soil and water conservation benefits that can be attained through forestry management on marginal lands and to promote farmland preservation.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-115) (was 20 ILCS 205/40.38)

Sec. 205-115. Revegetation of post-mining land. The Department has the power: to develop data used in the Agricultural Lands Productivity Formula that is used in determining the success of revegetation of post-mining land for row-crop agricultural purposes in accordance with the Surface Coal Mining Land Conservation and Reclamation Act; to cooperate with the Department of Natural Resources in determining the success of the cropland revegetation under the Surface Coal Mining Land Conservation and Reclamation Act; and to publish annually a Soil Master and County Cropped Acreage Manual, which is data derived from and used in the formula. The manual is exempt from the rule-making requirements of the Illinois Administrative Procedure Act.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-200) (was 20 ILCS 205/40.16)

Sec. 205-200. Animal welfare. The Department has the power to execute and administer acts and rules relating to animal welfare.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-205) (was 20 ILCS 205/40.13)

Sec. 205-205. Contagious and infectious diseases among domestic animals. The Department has the power to inquire into the causes of contagious, infectious, and communicable diseases among domestic animals and the means for the prevention and cure of those diseases.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-300) (was 20 ILCS 205/40.4)

Sec. 205-300. Inspection of apiaries. The Department has the power to exercise the rights, powers, and duties vested by law in the State inspector of apiaries and the inspector's assistants and employees.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-305) (was 20 ILCS 205/40.12)

Sec. 205-305. Veterinary biologics. The Department has the power to approve the use of licensed veterinary biologics in the State and approve field trials of veterinary biologics in accordance with the standards provided for in the Code of Federal Regulations, Title 9, Subpart E.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-310) (was 20 ILCS 205/40.33)

Sec. 205-310. Laboratory services. The Department has the power to provide laboratory services for the diagnosis of animal diseases and for the analysis of feeds, fertilizers, seeds, and pesticides and to perform related laboratory services.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-315) (was 20 ILCS 205/40.17)

Sec. 205-315. Warehouses; buying and selling grain. The Department has the power to exercise the rights, powers, and duties vested by law in the Department in regulating grain warehouses, personal property warehouses, and persons engaged in the business of buying and selling grain.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-320) (was 20 ILCS 205/40.18)

Sec. 205-320. Weights and measures. The Department has the power to execute and administer all laws and regulations now or hereafter enacted relating to weights and measures.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-325) (was 20 ILCS 205/40.19)

Sec. 205-325. Commodities; standards and quality. The Department has the power to execute and administer all laws and regulations now or hereafter enacted relating to standards and quality of and for commodities.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-330) (was 20 ILCS 205/40.32)

Sec. 205-330. Meat and poultry. The Department has the power to execute and administer the laws and rules pertaining to the slaughter, processing, and sale of meat and poultry and products thereof.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-335) (was 20 ILCS 205/40.21)

Sec. 205-335. Pesticides. The Department has the power to execute and administer laws and regulations relating to the distribution, sale, use, and registration of pesticides and the regulation and certification of persons applying pesticides and pesticide dealers. The Department also has the power to promote the proper handling and use of pesticide containers through the operation of pesticide container recycling programs and to make business development loans from moneys granted to the Department by the United States Department of Agriculture for those purposes, subject to terms and conditions the Department deems necessary to ensure repayment of the loans.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-340) (was 20 ILCS 205/40.39)

Sec. 205-340. Pesticide contamination at agrichemical facilities. In accordance with constitutional limitations and to the extent necessary to carry out the Department's powers and duties under paragraph 8 of Section 19 of the Illinois Pesticide Act, the Department has the power to enter at all reasonable times upon any private or public property.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-345) (was 20 ILCS 205/40.6)

Sec. 205-345. Fertilizers. The Department has the power to execute and administer the Acts and rules regulating the manufacture, sale, and distribution of fertilizers.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-350) (was 20 ILCS 205/40.25)

Sec. 205-350. Fuel sold as gasohol; penalty. The Department has the power to test fuel that is sold as gasohol or is claimed to be gasohol under the Use Tax Act, the Service Occupation Tax Act, or the Retailers' Occupation Tax Act in order to determine whether the fuel contains at least 10% alcohol.

Any person who knowingly sells or represents as gasohol any fuel that does not qualify as gasohol under any of the above named Acts is guilty of a business offense and shall be fined not more than $100 for each day that the sale or representation takes place after notification from the Department that the fuel in question does not qualify as gasohol.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-355) (was 20 ILCS 205/40.26)

Sec. 205-355. Motor fuel alcohol; water test. The Department has the power to test alcohol to be used as a motor fuel component to ensure that it contains no more than 1.25% water by weight.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-400) (was 20 ILCS 205/40.20)

Sec. 205-400. Transfer of realty; acquisition of federal lands. The Department has the power to transfer jurisdiction of any realty under the control of the Department to any other department of the State government or to acquire or accept federal lands when the transfer, acquisition, or acceptance is advantageous to the State and is approved in writing by the Governor.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-405) (was 20 ILCS 205/40.22)

Sec. 205-405. State Fairgrounds property. The Department has the power to be the custodian of buildings, structures, and property located on the State Fairgrounds and to maintain those buildings and structures and that property.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-408)

Sec. 205-408. John R. Block Building. The Department of Agriculture administration building location at 801 E. Sangamon Avenue, Springfield, Illinois at the State Fairgrounds shall be known as the John R. Block Building.

(Source: P.A. 97-961, eff. 8-15-12.)

(20 ILCS 205/205-410) (was 20 ILCS 205/40.23)

Sec. 205-410. Surety bonds; trust funds and accounts; bank accounts.

(a) In this Section:

"Claimant" means a person who is unable to secure satisfaction of financial obligations due from a person subject to regulation by the Department, in accordance with the applicable statute or regulation and the time limits provided for in that statute or regulation, if any, under any of the following Acts:

(1) The Illinois Egg and Egg Products Act.

(2) The Personal Property Storage Act.

(3) The Livestock Auction Market Law.

(4) The Illinois Pesticide Act.

(5) The Weights and Measures Act.

(6) The Illinois Livestock Dealer Licensing Act.

(7) The Slaughter Livestock Buyers Act.

(8) The Illinois Feeder Swine Dealer Licensing Act.

"Failure" under the Acts cited in the definition of "claimant" contained in this Section means any of the following:

(1) An inability to financially satisfy claimants in accordance with the applicable statute or regulation and the time limits provided for in that statute or regulation, if any.

(2) A public declaration of insolvency.

(3) A revocation of a license and the leaving of an outstanding indebtedness to claimants.

(4) A failure to pay claimants in the ordinary course of business and when a bonafide dispute does not exist between the licensee and the customer.

(5) A failure to apply for renewal of a license.

(6) A denial of a request for renewal of a license.

(7) A voluntary surrendering of a license.

(b) The Department has the power to control surety bonds and trust funds and to establish trust accounts and bank accounts in adequately protected financial institutions, to hold monies received by the Director of Agriculture when acting as trustee, to protect the assets of licensees for the benefit of claimants, to accept security from licensees to collateralize licensees' financial deficiencies (and that security shall be secondary to surety bonds in the collection process), to accept collateral and security in lieu of or in addition to a commercial surety bond, and to collect and disburse the proceeds of those bonds and trust funds when acting as trustee on behalf of claimants without responsibility for the management and operation of discontinued or insolvent businesses, those funds, or additions to those funds in which the State of Illinois has no right, title, or interest.

(c) The Department shall promulgate and file procedural rules and regulations to be followed concerning the establishment and segregation of trust accounts and bank accounts and the holding of administrative hearings to identify and verify claimants and claim amounts, to claim and collect the proceeds of surety bonds and other assets, and to distribute monies in trust funds and bank accounts to claimants. The trustee shall maintain and retain records and make available for audit or review by any person, firm, corporation, or government entity the trust accounts and bank accounts, check registers, cancelled claimants' checks, and records accumulated and used by the Department to ascertain the claimants and claims against surety bonds or trust funds.

(d) The Department may use monies in the trust accounts that are established to hold monies received in trust for disbursement to claimants for the benefit of claimants and for paying expenses incurred in pursuing those assets.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-415)

Sec. 205-415. State Cooperative Extension Service Trust Fund. The Department shall deposit into the State Cooperative Extension Service Trust Fund, a trust fund created outside the State treasury and held by the State Treasurer as custodian, all funds appropriated to the Department as matching funds and for the purpose of general support for cooperative extension programs as provided in the County Cooperative Extension Law. At the direction of the Treasurer of the University of Illinois, the Director of Agriculture shall direct the State Treasurer and the State Comptroller to transfer the trust funds to the University of Illinois as provided under subsection (d) of Section 8 of the County Cooperative Extension Law. The Department shall not have responsibility for or control over the cooperative extension service or its programs because of this trust fund.

(Source: P.A. 90-591, eff. 7-1-98; 91-239, eff. 1-1-00.)

(20 ILCS 205/205-420) (was 20 ILCS 205/40.15)

Sec. 205-420. Appropriations for county fairs and farmers' institutes. The Department has the power to investigate and ascertain that moneys appropriated for county fairs and farmers' institutes are faithfully applied to the purposes authorized by law.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-425) (was 20 ILCS 205/40.37)

Sec. 205-425. Criminal history record information from Illinois State Police. Whenever the Department is authorized or required by law to consider some aspect of criminal history record information for the purpose of carrying out its statutory powers and responsibilities, then, upon request and payment of fees in conformance with the requirements of Section 2605-400 of the Illinois State Police Law, the Illinois State Police is authorized to furnish, pursuant to positive identification, the information contained in State files that is necessary to fulfill the request.

(Source: P.A. 102-538, eff. 8-20-21.)

(20 ILCS 205/205-430) (was 20 ILCS 205/40.34)

Sec. 205-430. Cooperation with U.S. Department of Agriculture. The Department has the power to cooperate with and enter into agreements with the United States Department of Agriculture and with others in carrying out the powers and duties vested in the Department and to adopt guidelines, by reference, issued by federal agencies in carrying out its powers and duties.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 205/205-435)

Sec. 205-435. Badges. The Director must authorize to each Inspector of the Department and to any other employee of the Department exercising the powers of a peace officer a distinct badge that, on its face, (i) clearly states that the badge is authorized by the Department and (ii) contains a unique identifying number. No other badge shall be authorized by the Department. Nothing in this Section prohibits the Director from issuing shields or other distinctive identification to employees performing security or regulatory duties who are not peace officers if the Director determines that a shield or distinctive identification is needed by the employee to carry out his or her responsibilities.

(Source: P.A. 93-423, eff. 8-5-03.)

(20 ILCS 205/205-440)

Sec. 205-440. Tree buffer programs. The Department of Agriculture shall (i) give guidance to organized buffer initiatives regarding the State agencies and State resources of relevance to implementation of the programs and (ii) aid in the promotion of and public dissemination of information about organized buffer initiatives.

(Source: P.A. 91-907, eff. 1-1-01.)

(20 ILCS 205/205-445)

Sec. 205-445. Indirect cost reimbursements. Indirect cost reimbursements applied for by the Department of Agriculture may be allocated as State matching funds. Any indirect cost reimbursement applied for and received by the Department shall be deposited into the same fund as the direct cost reimbursement and may be expended, subject to appropriation, for support of programs administered by the Department of Agriculture.

(Source: P.A. 92-314, eff. 8-9-01.)

(20 ILCS 205/205-450)

Sec. 205-450. (Repealed).

(Source: P.A. 94-553, eff. 8-12-05. Repealed by P.A. 100-844, eff. 8-14-18.)