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Public Act 096-0394
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| HB2442 Enrolled |
LRB096 06648 JDS 16732 b |
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AN ACT concerning agriculture.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Seed Law is amended by adding |
Section 2.144 and changing Sections 4.2b and 5 as follows:
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(505 ILCS 110/2.144 new)
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Sec. 2.144. Cool weather grasses. "Cool weather grasses" |
include colonial bent grass, creeping bent grass, Kentucky |
bluegrass, red fescue, tall fescue, chewings fescue, hard |
fescue, annual ryegrass, intermediate ryegrass, and perennial |
ryegrass.
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(505 ILCS 110/4.2b) (from Ch. 5, par. 404.2b)
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Sec. 4.2b. Labeling for seed mixtures for lawn or turf |
purposes shall include:
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(1) The word "Mixed" or "Mixture" shall be stated with the |
name of the mixture.
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(2) The heading "Pure Seed" and "Germination" shall be used |
in the proper places.
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(3) Commonly accepted name of kind or kind and variety of |
each
agricultural seed component in excess of 5% of the whole, |
and the
percentage by weight of pure seed in order of its |
predominance and in columnar form.
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(4) Lot number or other lot identification.
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(5) Percentage by weight of agricultural seed other than |
those required
to be named on the label.
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(6) Percentage by weight of inert matter.
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(7) Percentage by weight of all weed seeds.
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(8) For each agricultural seed named under (3) above:
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(a) Percentage of germination, exclusive of hard or |
dormant seed;
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(b) Percentage of hard or dormant seed, if present;
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(c) Calendar month and year the test was completed to |
determine such
percentages. Oldest test date shall be used.
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(9) Name and address of the person who labeled that seed, |
or who sells,
offers or exposes that seed for sale within the |
State.
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(10) For cool weather grasses and mixtures of cool weather |
grasses, a "sell by" date that is no more than 15 months, |
exclusive of the calendar month in which the test was |
completed, after the date of the applicable test required under |
this Act. |
(Source: P.A. 85-717.)
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(505 ILCS 110/5) (from Ch. 5, par. 405)
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Sec. 5. Prohibitions. It is unlawful for any person to |
sell, offer for sale, expose for sale
or transport for sale any |
agricultural, vegetable or other seeds designated
by the |
Department of Agriculture within this State:
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(1) Without an annual permit from the Department of |
Agriculture of the
State of Illinois to engage in such |
business. All permits shall expire
annually as set by |
regulation.
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(2) Unless the test to determine the percentage of |
germination required
by Sections 4.2 through 4.5 shall have |
been completed
within a 12-month period
(or 15-month period for |
cool weather grasses) exclusive of the calendar month in which |
the test was completed,
immediately prior to sale, exposure for |
sale, or offering for sale or
transportation unless the seed is |
in hermetically sealed packages or
containers.
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(3) Within a 36 month period, exclusive of the calendar |
month in which
the test was completed, immediately prior to |
sale, exposure for sale, or
offering for sale or |
transportation, if the seed is in hermetically sealed
packages |
or containers.
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(4) If such agricultural, vegetable or other seeds |
designated by the
Department are not labeled in accordance with |
this Act or having a false or
misleading labeling.
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(5) Pertaining to which there has been false or misleading |
advertising.
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(6) Consisting of or containing prohibited noxious weed
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seeds. If prohibited noxious
weed seed is found in a sample of |
seed, a stop sale order shall be issued.
Within 10 days |
following the issuance of the stop sale order, the
Department |
shall take another sample of the seed, and if no prohibited
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noxious weed seed is found, the stop sale order shall be |
removed.
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(7) Consisting of or containing restricted noxious weed |
seeds per pound
in excess of the number prescribed by rules and |
regulations
promulgated under this Act, or in excess of the |
number declared on the
label attached to the container of the |
seed or associated with the seed.
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(8) Containing more than 1.5% by weight of all weed seeds |
in
chaffy seeds and native grasses or 1% by weight of weed seed |
in all other
agricultural seed. Chaffy grasses shall be those |
that are recognized by
the Association of Official Seed |
Analysts and native grasses shall be
designated by regulation.
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(9) If any labeling, advertising, or other representations |
subject to
this Act represents the seed to be certified or |
registered seed unless (a)
it has been determined by a seed |
certifying agency that such seed was
produced, processed, and |
packaged, and conforms to standards of purity as
to kind or |
variety, in compliance with rules and regulations of such |
agency
pertaining to such seed; and (b) the seed bears an |
official label issued
for such seed by a seed certifying agency |
stating that the seed is
certified or registered.
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(10) Labeled with a brand, trademark or term taken from a |
brand or
trademark unless such is clearly identified with the |
word brand and as
being other than part of the variety name.
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(11) If the same brand designation is assigned to more
than |
one variety or blend of soybean, wheat, oats, or barley.
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