TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 211
SOIL AMENDMENTS
SECTION 211.10 REGISTRATION
Section 211.10 Registration
a) Each separately identified product shall be registered before
being distributed in this State. The application for registration shall be
submitted to the Department on the form furnished by the Director and shall be
accompanied by a non-refundable fee of $250 per product. Each person who
registers a soil amendment shall submit to the Department a copy of labels and
advertising literature with the registration request for each soil amendment.
The Department shall require the applicant to make affirmative label and
advertising disclosures if, in the absence of the disclosures, the Department
determines that the label or advertising of a soil amendment is deceptive or
misleading.
b) A distributor shall not be required to register any brand of
soil amendment which is already registered under this Act by another person,
providing the label does not differ in any respect.
c) If the Department finds that the applicant has fulfilled the
requirements of Section 211.10, 211.20 and 211.40 of this Part and Sections 15
and 20 of the Soil Amendment Act (P.A. 87-0394, effective September 10, 1991),
a registration shall be issued.
d) If the Department finds that the applicant has failed to
fulfill the requirements of Section 211.10, 211.20 and 211.40 of this Part and Sections
15 and 20 of the Soil Amendment Act, or the soil amendment is in violation of
Sections 25 and 35 of the Act, the Department shall issue a notice of denial or
cancellation of the registration.
e) Any person who wishes to change the active ingredient contents
or the recommended amount or frequency of application of a soil amendment for
which the person has received a registration shall apply to the Department for
an amended registration.
f) Any person who wishes to revise the label of a soil amendment
for which the person has received registration shall file the revised label
with the Department prior to distributing the soil amendment bearing the
revised label.
g) No person who has been issued a registration or amended
registration shall:
1) Transfer the registration or amended registration to another
person.
2) Distribute or promote the distribution of the soil amendment
using any performance, use or efficacy claim which exceeds that allowed by
registration or amended registration or which is inconsistent with the approved
product label.
h) Issuance of registration or amended registration is neither an
endorsement nor a warranty by the Department.
 | TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 211
SOIL AMENDMENTS
SECTION 211.20 SUBSTANTIATION REQUIREMENTS
Section 211.20
Substantiation Requirements
As a condition to the issuance
of a registration or amended registration the Department shall require that the
applicant substantiate by scientific evidence:
a) The efficacy and usefulness of the soil amendment if applied
in this State at the amount and frequency recommended by the applicant.
b) The truthfulness of any statement made on the proposed soil
amendment label or in a registration or amended registration application.
c) The Department shall require that the substantiation include
replicable results of controlled experimental studies using the soil amendment,
the names and qualifications of the researchers performing the studies and a
complete description of the conditions and additional information concerning
procedures of the studies.
d) The Department may request assistance from any source in
evaluating any substantiating evidence.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 211
SOIL AMENDMENTS
SECTION 211.30 REPORTS AND RECORDS
Section 211.30 Reports and
Records
a) Every person who registers a soil amendment in this State
shall file with the Department on forms furnished by the Department semi-annual
statements for periods ending June 30 and December 31 setting forth the number
of tons of each soil amendment distributed in the State during such semi-annual
period.
b) When more than one registrant is involved in the distribution
of a soil amendment product, the last registrant who distributes to a
non-registrant (e.g., dealer or consumer) is responsible for reporting the
tonnage, unless the reporting has been made by a prior registrant of the soil
amendment product. Tonnage reports shall be filed within 30 days following
each semi-annual period.
c) Persons responsible for tonnage reporting shall maintain the
distribution records upon which the tonnage report is based for a period of 2
years following the date the tonnage report was filed. Such records shall be
available for inspection, copying and audit by the Department in accordance
with Section 30 of the Soil Amendment Act.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 211
SOIL AMENDMENTS
SECTION 211.40 LABEL REQUIREMENTS
Section 211.40 Label
Requirements
a) Soil amendments containing active or inert ingredients shall
be labeled as follows:
1) The soil amendment label shall contain the information
required by Section 20 (a) of the Soil Amendment Act.
2) The name and percentage by weight of each active ingredient,
listed under the heading "ACTIVE INGREDIENTS". For microbiological
products, the statement of active ingredients shall state the number and kind
of viable microorganisms per milliliter of liquid product, or per gram of
nonliquid product.
3) The genus of each microbiological product shall be stated. If
identifiable and the product's benefits are unique to the species, a
microbiological product's species shall also be stated.
4) The name and percentage by weight of each inert ingredient
listed under the heading "INERT INGREDIENTS".
b) Soil amendment-fertilizer combinations shall be labeled in
accordance with both the Soil Amendment Act and the Illinois Fertilizer Act of
1961 (Ill. Rev. Stat. 1991, ch. 5, par. 55.1 et seq.) and the rules of this
Part and 8 Ill. Adm. Code 210.
c) Except for microbiological products, each active or inert
ingredient's common name, if any, and chemical name shall be stated as listed
in The Merck Index, Tenth Edition, 1983, published by Merck & Co., Inc.,
Rahway, New Jersey 07065. This incorporation by reference shall not include
any later amendments or additions.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 211
SOIL AMENDMENTS
SECTION 211.50 DEFICIENT ANALYSIS AND PENALTIES
Section 211.50 Deficient
Analysis and Penalties
a) If the official analysis shows that any soil amendment falls
short of the guaranteed analysis in any one soil amendment ingredient or in
total soil amendment ingredients, a penalty shall be assessed in accordance
with the following provisions:
1) A penalty of three times the value of the deficiency if such
deficiency in any one soil amending ingredient is more than:
A) 20% of the guarantee on any one soil amendment in which the
soil amending ingredient is guaranteed up to and including 20%.
B) 4% under guarantee on any one soil amendment in which the soil
amending ingredient is guaranteed 20.1% and above.
2) A penalty of three times the value of the total soil amending
ingredient deficiency shall be assessed when such total deficiency is more than
2% under the calculated total soil amending ingredient guarantee.
3) When a soil amendment is subject to penalties under both
subsections (a)(1) and (a)(2) of this Section, only the larger penalty shall be
assessed.
b) All penalties assessed under this Section shall be due and
payable to the Department within thirty days after the date of written notice
from the Director to the registrant. The Department shall deposit the amount
of the penalty in the General Revenue Fund.
c) For the purpose of determining commercial values to be applied
under the provisions of this Section, the Department shall determine from the
registrant's sales invoice the values charged for the soil amending
ingredients. If no invoice is available or if the invoice fails to provide
sufficient information, the Department shall use comparable products to
determine values. The values so determined shall be used in determining and
assessing penalties.
d) The methods of analysis and sampling shall be those as set
forth by the Association of Official Analytical Chemists, 15th
Edition − 1990, Suite 400, 2200 Wilson Boulevard, Arlington, Virginia
22201-3301. This incorporation by reference shall not include any later
amendments or additions.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 211
SOIL AMENDMENTS
SECTION 211.60 EXEMPTED PRODUCTS
Section 211.60 Exempted
Products
a) Composted or dried manures, mulches intended as a soil cover,
potting soils, peat moss, sand, tree bark, wood shavings, vermiculite and mixes
of these products are exempt from the soil amendment registration and
requirements if these ingredients are prominently stated on the label and no
claims of benefits deriving from use of the product are made other than
loosening the soil.
b) Adjuvants designed, labeled and promoted for improving the
mixing, handling or application of fertilizers or pesticides are exempt from
the soil amendment registration requirements of this Part if no statements of
benefit are made beyond a precautionary label statement that the adjuvant may
increase the fertilizer or pesticidal activity of products applied with it.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 211
SOIL AMENDMENTS
SECTION 211.70 ADULTERATION
Section 211.70 Adulteration
a) A soil amendment is adulterated if it contains weed seed or
unwanted crop seed. Weed seeds shall be those as determined by the Association
of Official Seed Analysts in Rules for Testing Seeds 1988, P.O. Box 27647, 216
West Jones Street, Raleigh, North Carolina 27611. This incorporation by
reference shall not include any later amendments or additions.
b) Unwanted crop seeds shall be any crop seed other than the crop
that is being planted.
c) Noxious weeds shall be those identified as such in the Rules for
the Illinois Seed Law (8 Ill. Adm. Code 230.20 and 230.30).
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER e: FERTILIZERS
PART 211
SOIL AMENDMENTS
SECTION 211.80 ADMINISTRATIVE HEARINGS
Section 211.80
Administrative Hearings
Persons adversely affected by
Department action may request an administrative hearing to review such action,
provided that a request for review is filed within 30 days after notification
of Department action. All decisions and actions of the Department are subject
to the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127,
par. 1001-1 et seq.) and the Department's Administrative Rules (8 Ill. Adm.
Code 1) which pertain to administrative proceedings, administrative hearings,
contested cases, petitions, and public disclosure of files.
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