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SB1927 Engrossed |
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LRB095 14694 CMK 40612 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 |
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| 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" |
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| include colonial bentgrass, creeping bentgrass, Kentucky |
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| bluegrass, red fescue, tall fescue, chewings fescue, hard |
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| fescue, annual ryegrass, intermediate ryegrass, and perennial |
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| 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 |
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| purposes shall include:
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| (1) The word "Mixed" or "Mixture" shall be stated with the |
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| name of the mixture.
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| (2) The heading "Pure Seed" and "Germination" shall be used |
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| in the proper places.
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| (3) Commonly accepted name of kind or kind and variety of |
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| each
agricultural seed component in excess of 5% of the whole, |
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| and the
percentage by weight of pure seed in order of its |
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| predominance and in columnar form.
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LRB095 14694 CMK 40612 b |
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| (4) Lot number or other lot identification.
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| (5) Percentage by weight of agricultural seed other than |
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| 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 |
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| 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 |
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| determine such
percentages. Oldest test date shall be used.
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| (9) Name and address of the person who labeled that seed, |
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| or who sells,
offers or exposes that seed for sale within the |
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| State.
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| (10) For cool weather grasses and mixtures of cool weather |
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| grasses, a "sell by" date that is no more than 15 months, |
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| exclusive of the calendar month in which the test was |
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| completed, after the date of the applicable test required under |
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| this Act. |
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| (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 |
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| sell, offer for sale, expose for sale
or transport for sale any |
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| agricultural, vegetable or other seeds designated
by the |
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| Department of Agriculture within this State:
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LRB095 14694 CMK 40612 b |
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| (1) Without an annual permit from the Department of |
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| Agriculture of the
State of Illinois to engage in such |
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| business. All permits shall expire
annually as set by |
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| regulation.
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| (2) Unless the test to determine the percentage of |
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| germination required
by Sections 4.2 through 4.5 shall have |
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| been completed
within a 12-month period
(or 15-month period for |
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| cool weather grasses) exclusive of the calendar month in which |
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| the test was completed,
immediately prior to sale, exposure for |
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| sale, or offering for sale or
transportation unless the seed is |
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| in hermetically sealed packages or
containers.
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| (3) Within a 36 month period, exclusive of the calendar |
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| month in which
the test was completed, immediately prior to |
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| sale, exposure for sale, or
offering for sale or |
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| transportation, if the seed is in hermetically sealed
packages |
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| or containers.
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| (4) If such agricultural, vegetable or other seeds |
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| designated by the
Department are not labeled in accordance with |
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| this Act or having a false or
misleading labeling.
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| (5) Pertaining to which there has been false or misleading |
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| 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 |
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| seed, a stop sale order shall be issued.
Within 10 days |
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| following the issuance of the stop sale order, the
Department |
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| 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 |
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| removed.
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| (7) Consisting of or containing restricted noxious weed |
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| seeds per pound
in excess of the number prescribed by rules and |
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| regulations
promulgated under this Act, or in excess of the |
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| number declared on the
label attached to the container of the |
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| seed or associated with the seed.
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| (8) Containing more than 1.5% by weight of all weed seeds |
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| in
chaffy seeds and native grasses or 1% by weight of weed seed |
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| in all other
agricultural seed. Chaffy grasses shall be those |
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| that are recognized by
the Association of Official Seed |
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| Analysts and native grasses shall be
designated by regulation.
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| (9) If any labeling, advertising, or other representations |
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| subject to
this Act represents the seed to be certified or |
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| registered seed unless (a)
it has been determined by a seed |
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| certifying agency that such seed was
produced, processed, and |
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| packaged, and conforms to standards of purity as
to kind or |
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| variety, in compliance with rules and regulations of such |
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| agency
pertaining to such seed; and (b) the seed bears an |
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| official label issued
for such seed by a seed certifying agency |
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| stating that the seed is
certified or registered.
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| (10) Labeled with a brand, trademark or term taken from a |
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| brand or
trademark unless such is clearly identified with the |
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| 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 |
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| one variety or blend of soybean, wheat, oats, or barley.
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