Public Act 0219 95TH GENERAL ASSEMBLY

HB1741 Enrolled LRB095 08707 CMK 28890 b

Public Act 095-0219

AN ACT concerning agriculture.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Fertilizer Act of 1961 is amended by changing Section 12 as follows:

(505 ILCS 80/12) (from Ch. 5, par. 55.12)

Sec. 12. Tonnage reports; records.

(a) Any person distributing fertilizer to a non-registrant in this State shall provide the Director with a summary report of tonnage on a form, provided by the Director, for that purpose. The person transacting, distributing or selling commercial fertilizer or custom mix to a non-registrant will mail the Director a summary report on or before the 10th day of each month covering shipments made during the preceding month showing the following information: Name and county of the consignee and amount (tons) by grades and analysis of commercial fertilizer or custom mix. This report may be made on a special summary form provided by the Director or other forms as approved by the Director. Specialty fertilizer sold in packages weighing 5 pounds or less or in container of 4000 cubic centimeters or less, shall be reported but no inspection fee will be charged. No information furnished under this Section shall be disclosed by the Department in such a way as to divulge the operation of any person.

(b) Persons engaged in the sale of ammonium nitrate shall obtain the following information upon its distribution:

(1) the date of distribution;

(2) the quantity purchased;

(3) the license number of the purchaser's valid State or federal driver's license, or an equivalent number taken from another form of picture identification approved for purchaser identification by the Director; and

(4) the purchaser's name, current physical address, and telephone number.

Any retailer of ammonium nitrate may refuse to sell ammonium nitrate to any person attempting to purchase ammonium nitrate (i) out of season, (ii) in unusual quantities, or (iii) under suspect purchase patterns.

(c) Records created under subsection (b) of this Section shall be maintained for a minimum of 2 years. Such records shall be available for inspection, copying, and audit by the Department as provided under this Act.

(Source: P.A. 80-520.)

Section 99. Effective date. This Act takes effect July 1, 2007.