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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Weights and Measures Act is amended by | ||||||
5 | changing Section 8.1 as follows:
| ||||||
6 | (225 ILCS 470/8.1) (from Ch. 147, par. 108.1)
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7 | Sec. 8.1.
Registration of servicepersons, service agents, | ||||||
8 | and
special sealers. No person,
firm, or corporation shall | ||||||
9 | sell, install, service, recondition or repair a
weighing or | ||||||
10 | measuring device used in trade or commerce without first | ||||||
11 | obtaining
a certificate of registration. Applications by | ||||||
12 | individuals for a certificate
of registration shall be made to | ||||||
13 | the Department, shall be in writing on forms
prescribed by the | ||||||
14 | Department, and shall be accompanied by the required fee.
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15 | Each application shall provide such information that will | ||||||
16 | enable the
Department to pass on the qualifications of the | ||||||
17 | applicant for the
certificate of registration. The information | ||||||
18 | requests shall
include
present residence, location of the | ||||||
19 | business to be licensed under this Act,
whether the applicant | ||||||
20 | has had any previous registration under this Act or
any | ||||||
21 | federal, state, county, or local law, ordinance, or regulation
| ||||||
22 | relating
to servicepersons and service Agencies, whether the | ||||||
23 | applicant has
ever had
a registration suspended or revoked, |
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1 | whether the applicant has been
convicted of a felony, and such | ||||||
2 | other information as the Department deems
necessary to | ||||||
3 | determine if the applicant is qualified to receive a
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4 | certificate of registration.
| ||||||
5 | Before any certificate of registration is issued, the | ||||||
6 | Department shall
require the registrant to meet the following | ||||||
7 | qualifications:
| ||||||
8 | (1) Has possession of or available for use weights and
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9 | measures, standards,
and testing equipment appropriate in | ||||||
10 | design and adequate in amount to provide
the services for | ||||||
11 | which the person is requesting registration.
| ||||||
12 | (2) Passes a qualifying examination for each type of | ||||||
13 | weighing
or measuring
device he intends to install, | ||||||
14 | service, recondition, or repair.
| ||||||
15 | (3) Demonstrates a working knowledge of weighing and | ||||||
16 | measuring
devices
for which he intends to be registered.
| ||||||
17 | (4) Has a working knowledge of all appropriate weights | ||||||
18 | and
measures laws
and their rules and regulations.
| ||||||
19 | (5) Has available a current copy of National Institute | ||||||
20 | of Standards and
Technology Handbook 44.
| ||||||
21 | (6) Pays the prescribed registration fee for the type | ||||||
22 | of
registration:
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23 | (A) The annual fee for a Serviceperson Certificate | ||||||
24 | of
Registration shall be
$30 $25 .
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25 | (B) The annual fee for a Special Sealer Certificate | ||||||
26 | of
Registration shall
be
$100 $50 .
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1 | (C) The annual fee for a Service Agency Certificate | ||||||
2 | of
Registration shall
be
$100 $50 .
| ||||||
3 | "Registrant" means any individual, partnership, | ||||||
4 | corporation, agency, firm,
or company registered by the | ||||||
5 | Department who installs, services, repairs,
or reconditions, | ||||||
6 | for hire, award, commission, or any other payment of
any
kind, | ||||||
7 | any commercial weighing or measuring device.
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8 | "Commercial weighing and measuring device" means any | ||||||
9 | weight or measure
or weighing or measuring device commercially | ||||||
10 | used or employed (i) in
establishing
size, quantity, extent, | ||||||
11 | area, or measurement of quantities, things, produce,
or | ||||||
12 | articles for distribution or consumption which are purchased, | ||||||
13 | offered,
or submitted for sale, hire, or award, or (ii) in | ||||||
14 | computing any basic
charge
or payment for services rendered, | ||||||
15 | except as otherwise excluded by Section
2 of this Act, and | ||||||
16 | shall also include any accessory attached to or used
in | ||||||
17 | connection with a commercial weighing or measuring device when | ||||||
18 | the
accessory is so designed or installed that its operation | ||||||
19 | affects, or may
affect, the accuracy of the device.
| ||||||
20 | "Serviceperson" means any individual who sells, installs, | ||||||
21 | services,
repairs, or
reconditions, for hire, award, | ||||||
22 | commission, or any other payment of
kind,
a commercial weighing | ||||||
23 | or measuring device.
| ||||||
24 | "Service agency" means any individual, agency, firm, | ||||||
25 | company, or corporation
that, for hire, award, commission, or | ||||||
26 | any other payment of
any kind, sells, installs,
services, |
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| |||||||
1 | repairs, or reconditions a commercial weighing or measuring | ||||||
2 | device.
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3 | "Special sealer" means any serviceperson who is allowed to | ||||||
4 | service only one
service agency's liquid petroleum meters or | ||||||
5 | liquid petroleum measuring
devices.
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6 | Each registered service agency and serviceperson shall | ||||||
7 | have report forms,
known as "Placed in Service Reports". These | ||||||
8 | forms shall be
executed in
triplicate, shall include the | ||||||
9 | assigned registration number (in the case
where a registered | ||||||
10 | serviceperson is representing a registered service
agency both | ||||||
11 | assigned registration numbers shall be included), and shall be
| ||||||
12 | signed by a registered serviceperson or by a registered | ||||||
13 | serviceperson
representing a registered service agency for | ||||||
14 | each rejected or repaired
device restored to service and for | ||||||
15 | each newly installed device placed in
service.
Whenever a | ||||||
16 | registered serviceperson or special sealer places into service | ||||||
17 | a
weighing or
measuring device, there shall be affixed to the | ||||||
18 | device indicator a decal
provided by the Department that | ||||||
19 | indicates the device accuracy.
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20 | Within 5 days after a device is restored to service or | ||||||
21 | placed in service,
the original of a properly executed "Placed | ||||||
22 | in Service Report", together
with any official rejection tag or | ||||||
23 | seal removed from the device, shall be
mailed to the | ||||||
24 | Department. The duplicate copy of the report shall be handed
to | ||||||
25 | the owner or operator of the device and the triplicate copy of | ||||||
26 | the report
shall be retained by the service agency or |
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1 | serviceperson.
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2 | A registered service agency and a registered serviceperson | ||||||
3 | shall submit,
at least once every 2 years to the Department for | ||||||
4 | examination
and
certification, any standards and testing | ||||||
5 | equipment that are used, or are to
be used, in the performance | ||||||
6 | of the service and testing functions with
respect to weighing | ||||||
7 | and measuring devices for which competence is
registered. A | ||||||
8 | registered serviceperson or agency shall not use in
servicing | ||||||
9 | commercial weighing and measuring devices any standards or
| ||||||
10 | testing equipment that have not been certified by the | ||||||
11 | Department.
| ||||||
12 | When a serviceperson's or service agency's weights and | ||||||
13 | measures are carried
to a National Institute of Standards and | ||||||
14 | Technology approved
out-of-state weights and measures
| ||||||
15 | laboratory for inspection and testing, the serviceperson
or | ||||||
16 | service agency
shall be responsible for providing the | ||||||
17 | Department a copy of the current
certification of all weights | ||||||
18 | and measures used in the repair, service, or
testing of | ||||||
19 | weighing or measuring devices within the State of Illinois.
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20 | All registered servicepersons placing into service
scales | ||||||
21 | in excess of
30,000 pounds shall have a minimum of 10,000 | ||||||
22 | pounds of State approved
certified test weights to accurately | ||||||
23 | test a scale.
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24 | Persons working as apprentices are not subject to | ||||||
25 | registration if they
work with and under the supervision of a | ||||||
26 | registered serviceperson.
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1 | The Director is authorized to promulgate, after public | ||||||
2 | hearing, rules
and regulations necessary to enforce the | ||||||
3 | provisions of this Section.
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4 | For good cause and after a hearing upon reasonable notice, | ||||||
5 | the Director
may deny any application for registration or any | ||||||
6 | application for renewal
of registration, or may revoke or | ||||||
7 | suspend the registration of any registrant.
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8 | The Director may publish from time to time as he deems | ||||||
9 | appropriate, and
may supply upon request, lists of registered | ||||||
10 | servicepersons and registered
service agencies.
| ||||||
11 | All final administrative decisions of the Director under | ||||||
12 | this Section shall
be subject to judicial review under the | ||||||
13 | Administrative
Review Law. The term "administrative
decision"
| ||||||
14 | is defined as in Section 1 of the Administrative Review Law.
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15 | (Source: P.A. 93-32, eff. 7-1-03.)
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16 | Section 10. The Illinois Egg and Egg Products Act is | ||||||
17 | amended by changing Sections 6, 9, 10, 16, and 16.5 and by | ||||||
18 | adding Section 16.7 as follows:
| ||||||
19 | (410 ILCS 615/6) (from Ch. 56 1/2, par. 55-6)
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20 | Sec. 6.
Candling; labeling; sales by producers; retail | ||||||
21 | sales; temperature
requirements. All eggs sold at retail or | ||||||
22 | purchased by institutional
consumers must be candled for | ||||||
23 | quality and graded for size.
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24 | A producer may sell on his own premises where eggs are |
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1 | produced,
direct to household consumers, for the consumer's | ||||||
2 | personal use and
that consumer's
non-paying guests, nest run | ||||||
3 | eggs
without candling
or grading those eggs.
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4 | All eggs designated for sale off the premises where the | ||||||
5 | entire flock is located,
such as at farmers' markets, and at | ||||||
6 | retail or for institutional use must be
candled and graded and
| ||||||
7 | held in a place or room in which the temperature may not exceed | ||||||
8 | 45 degrees
Fahrenheit after processing. Nest run eggs shall be | ||||||
9 | held at 60 degrees
Fahrenheit or less at all times. During | ||||||
10 | transportation, the egg
temperature may not exceed 45 degrees | ||||||
11 | Fahrenheit.
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12 | Hatcheries buying eggs for hatching purposes from | ||||||
13 | producers under
contract may sell their surplus eggs to a | ||||||
14 | licensed packer or handler
provided that the hatchery shall | ||||||
15 | keep records which indicate the
number
of cases sold, the date | ||||||
16 | of sale and the name and address of the packer
or handler | ||||||
17 | making the purchase.
| ||||||
18 | All eggs candled or candled and graded outside the State | ||||||
19 | must meet
Federal standards before they can be sold or offered | ||||||
20 | for sale in the
State. No eggs may be offered for sale for | ||||||
21 | consumer use after the original
30-day candling date.
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22 | Each container of eggs offered for sale or sold at | ||||||
23 | wholesale or retail
must be
labeled in accordance with the | ||||||
24 | standards established by the Department
showing grade, size, | ||||||
25 | packer identification, and candling date,
and must may be | ||||||
26 | labeled with an
expiration date, or other similar language as |
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1 | specified by USDA standards,
that is
not later than 30 days | ||||||
2 | from the candling date
for
grade A eggs and not later than 15 | ||||||
3 | days after the candling date for grade AA
eggs.
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4 | The grade and size of eggs must be conspicuously marked in | ||||||
5 | bold face
type on all consumer-size containers.
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6 | The size and height of lettering or numbering requirement | ||||||
7 | shall be
set by regulation and shall conform as near as | ||||||
8 | possible to those
required by Federal law.
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9 | All advertising of shell eggs for sale at retail for a | ||||||
10 | stated price
shall contain the grade and size of the eggs. The | ||||||
11 | information
contained in such advertising shall not be | ||||||
12 | misleading or deceptive.
In cases of food-borne disease | ||||||
13 | outbreaks in which eggs are identified as the
source of the | ||||||
14 | disease, all eggs from the flocks from which those
| ||||||
15 | disease-causing eggs came shall be identified with a producer | ||||||
16 | identification or
flock code number to control the movement of | ||||||
17 | those eggs.
| ||||||
18 | (Source: P.A. 92-677, eff. 7-16-02.)
| ||||||
19 | (410 ILCS 615/9) (from Ch. 56 1/2, par. 55-9)
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20 | Sec. 9. Licenses; fees. The Department shall issue a | ||||||
21 | license to any
person upon
receipt and approval of a proper | ||||||
22 | application and the required fee. The
license fee and | ||||||
23 | classification of the license shall be established by
rule.
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24 | A license must be obtained for each separate business | ||||||
25 | location and
this license shall be posted in a conspicuous |
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1 | place at the
location for
which it was purchased. Licenses are | ||||||
2 | non-transferable.
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3 | The application for an initial license may be filed at any | ||||||
4 | time prior to
beginning business as an egg handler. The | ||||||
5 | licensing year for an egg license
shall be July 1 through June | ||||||
6 | 30. The egg license shall expire at the end of
the licensing | ||||||
7 | year.
| ||||||
8 | A penalty of $50 shall be assessed for any renewal license | ||||||
9 | not renewed by July 1 of the year in which the license renewal | ||||||
10 | is due. This penalty shall be assessed in addition to the | ||||||
11 | license fee. | ||||||
12 | The application for renewal of a license shall be filed | ||||||
13 | with the Department
annually by May 1.
| ||||||
14 | Any license that is in effect on the effective date of this | ||||||
15 | Act shall remain
in effect until the date of required renewal | ||||||
16 | as set forth in the Act.
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17 | (Source: P.A. 89-154, eff. 7-19-95.)
| ||||||
18 | (410 ILCS 615/10) (from Ch. 56 1/2, par. 55-10)
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19 | Sec. 10. Inspection fee. The Director shall
set, by
| ||||||
20 | regulation, a per case inspection fee which shall
cover
the | ||||||
21 | administrative and inspection costs of the program required by | ||||||
22 | the
Act. In no case shall the rate exceed 11¢ 6¢ per each 30 | ||||||
23 | dozen eggs or
fraction thereof.
| ||||||
24 | The inspection fee as set shall be imposed upon eggs | ||||||
25 | bearing a
designated size and grade sold or offered for sale in |
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| |||||||
1 | Illinois. The first
handler in Illinois who packed and sold the | ||||||
2 | eggs must pay the prescribed
inspection fee on those eggs. If | ||||||
3 | eggs are shipped into Illinois, the
handler who invoiced the | ||||||
4 | eggs to Illinois must pay the fee. When
the
handler sells the | ||||||
5 | eggs,
the inspection fee shall be charged in addition to the | ||||||
6 | sale price of the eggs
and shall be remitted to the seller by | ||||||
7 | the purchaser.
Each sales
invoice shall indicate the amount of | ||||||
8 | inspection fee for the transaction.
Eggs sold and shipped out | ||||||
9 | of the State of Illinois by Illinois packers
are exempt from | ||||||
10 | the inspection fee.
| ||||||
11 | The inspection fee shall be paid only once on the same | ||||||
12 | quantity
of
eggs so long as those eggs maintain their identity | ||||||
13 | by remaining in
their
original case, carton or package.
All | ||||||
14 | inspection fees shall be paid
into the "Agricultural Master | ||||||
15 | Fund" to the credit of a special account
designated as the | ||||||
16 | "Auxiliary Egg Inspection Fund". All amounts credited to
the
| ||||||
17 | "Auxiliary Egg Inspection Fund" shall be used for the | ||||||
18 | enforcement of the
provisions of this Act. The method and | ||||||
19 | manner of collecting the inspection
fee levied, whether it be | ||||||
20 | by the use of stamps, monthly reporting and
collecting from | ||||||
21 | dealers or any other method shall be prescribed by the
Director | ||||||
22 | of Agriculture, pursuant to rules and regulations adopted for
| ||||||
23 | this purpose as authorized under the provisions of this Act.
| ||||||
24 | (Source: P.A. 92-677, eff. 7-16-02.)
| ||||||
25 | (410 ILCS 615/16) (from Ch. 56 1/2, par. 55-16)
|
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1 | Sec. 16.
Effective November 1, 1975, no person shall engage | ||||||
2 | in the business
of removing eggs from their shells, in the | ||||||
3 | manufacture of or preparation of
frozen, liquid, desiccated or | ||||||
4 | any other forms of whole eggs, yolks, whites or
any mixture of | ||||||
5 | yolks and whites for food purposes, with or without the | ||||||
6 | addition
of any other wholesome ingredients, without first | ||||||
7 | obtaining an Egg Breaker's
License from the Department. The | ||||||
8 | Department shall inspect the establishment
and the equipment to | ||||||
9 | be used in the egg breaking establishment and shall
also | ||||||
10 | ascertain if the establishment complies in method, equipment | ||||||
11 | and the rules
and regulations in regard to sanitation, which | ||||||
12 | shall from time to time be
established by the Department to | ||||||
13 | govern these establishments. If, after such
inspection, it | ||||||
14 | appears that such establishment complies with the provisions of
| ||||||
15 | the rules and regulations in regard to sanitation governing egg | ||||||
16 | breaking
establishments, the Department shall issue an Egg | ||||||
17 | Breaker's License to the
establishment, upon payment of the | ||||||
18 | required fee. Beginning on November 1, 2010, the license year | ||||||
19 | shall begin on November 1 and expire on June 30, 2011. | ||||||
20 | Thereafter, the license year shall begin on July 1 of each | ||||||
21 | year, and all licenses shall expire on June 30 of the following | ||||||
22 | year. The license year shall begin
on November 1, of each year | ||||||
23 | and all licenses shall expire on October 31, of
each year. The | ||||||
24 | license fee shall be $200 for a year or fraction thereof.
| ||||||
25 | All liquid, frozen or dried egg products sold or offered | ||||||
26 | for sale
shall be processed under continuous supervision of an |
| |||||||
| |||||||
1 | inspector of the
Department or the United States Department of | ||||||
2 | Agriculture in an Official
Plant as specified in the Egg | ||||||
3 | Products Inspection Act.
| ||||||
4 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
5 | (410 ILCS 615/16.5)
| ||||||
6 | Sec. 16.5. Violations; administrative monetary penalties. | ||||||
7 | The Director is
authorized to hold administrative hearings to | ||||||
8 | determine violations of this Act
or the Department's rules and | ||||||
9 | regulations adopted under this Act. After
finding that a | ||||||
10 | violation has occurred, the Director may impose administrative
| ||||||
11 | monetary penalties as follows:
| ||||||
12 | (1) Against a licensee who sells or offers for sale | ||||||
13 | non-inspected frozen,
liquid, or dried egg products:
| ||||||
14 | (A) $500 for a first violation.
| ||||||
15 | (B) $1,000 for a second violation within 2 years | ||||||
16 | after the first
violation.
| ||||||
17 | (C) $2,000 for a third or subsequent violation | ||||||
18 | within 2 years after the
immediately preceding | ||||||
19 | violation.
| ||||||
20 | (2) Against a licensee who makes a false, deceptive, or | ||||||
21 | misleading
statement, representation, or assertion | ||||||
22 | concerning the quality, size, weight,
or condition of, or | ||||||
23 | any other matter relating to advertising and selling, eggs
| ||||||
24 | and egg products : , $200. | ||||||
25 | (A) $200 for a first violation.
|
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| |||||||
1 | (B) $500 for a second violation within 2 years | ||||||
2 | after the first
violation. | ||||||
3 | (C) $1,000 for a third or subsequent violation | ||||||
4 | within 2 years after the
immediately preceding | ||||||
5 | violation.
| ||||||
6 | (3) Against a licensee who furnishes an invoice, | ||||||
7 | statement, or bill
showing
a standard of size, standard of | ||||||
8 | quality, representation of freshness, or any
other | ||||||
9 | description of eggs or egg products that is false, | ||||||
10 | deceptive, or
misleading in any particular : , $200.
| ||||||
11 | (A) $200 for a first violation.
| ||||||
12 | (B) $500 for a second violation within 2 years | ||||||
13 | after the first
violation. | ||||||
14 | (C) $1,000 for a third or subsequent violation | ||||||
15 | within 2 years after the
immediately preceding | ||||||
16 | violation.
| ||||||
17 | (4) Against any person who resists, hinders, | ||||||
18 | obstructs, or in any way
interferes with any officer, | ||||||
19 | inspector, or employee of the Department in the
discharge | ||||||
20 | of his or her duties under the provisions of this Act, | ||||||
21 | $300.
| ||||||
22 | (5) Against any person who buys, sells, trades, or | ||||||
23 | barters eggs in this
State without having obtained a | ||||||
24 | license, $300.
| ||||||
25 | (6) For all other violations:
| ||||||
26 | (A) $200 $100 for a first violation.
|
| |||||||
| |||||||
1 | (B) $400 $200 for a second violation within 2 years | ||||||
2 | after the first
violation.
| ||||||
3 | (C) $600 $400 for a third or subsequent violation | ||||||
4 | within 2 years after the
immediately preceding | ||||||
5 | violation.
| ||||||
6 | A penalty not paid within 60 days after it is due may be | ||||||
7 | submitted to the Attorney General's office or an approved | ||||||
8 | private collection agency for collection. | ||||||
9 | (Source: P.A. 89-154, eff. 7-19-95.)
| ||||||
10 | (410 ILCS 615/16.7 new) | ||||||
11 | Sec. 16.7. Suspension and revocation of license. | ||||||
12 | (a) The Director may suspend a license if the Department | ||||||
13 | has reason to believe that any one or more of the following has | ||||||
14 | occurred: | ||||||
15 | (1) A licensee has made a material misstatement in an | ||||||
16 | application for an original or renewal license under this | ||||||
17 | Act. | ||||||
18 | (2) A licensee has violated this Act or any rules | ||||||
19 | adopted under this Act, and the violation or pattern of | ||||||
20 | violations indicates a danger to public health. | ||||||
21 | (3) A licensee has aided or abetted another in the | ||||||
22 | violation of this Act or any rule adopted under this Act, | ||||||
23 | and the violation or pattern of violations indicates a | ||||||
24 | danger to public health. | ||||||
25 | (4) A licensee has allowed his or her license to be |
| |||||||
| |||||||
1 | used by an unlicensed person. | ||||||
2 | (5) A licensee has been convicted of a felony violation | ||||||
3 | of this Act or any crime an essential element of which is | ||||||
4 | misstatement, fraud, or dishonesty. | ||||||
5 | (6) A licensee has made a false, deceptive, or | ||||||
6 | misleading statement, representation, or assertion | ||||||
7 | concerning the quality, size, weight, or condition of, or | ||||||
8 | any other matter relating to advertising and selling of, | ||||||
9 | eggs and egg products. | ||||||
10 | (7) A licensee has failed to possess the necessary | ||||||
11 | qualifications or to meet the requirements of this Act for | ||||||
12 | the issuance or holding of a license. | ||||||
13 | (b) Within 10 days after suspending a person's license, the | ||||||
14 | Department must commence an administrative hearing to | ||||||
15 | determine whether to reinstate or revoke the license. After the | ||||||
16 | Department schedules the administrative hearing, but no later | ||||||
17 | than 5 days before the scheduled hearing date, the Department | ||||||
18 | shall serve on the licensee written notice of the date, place, | ||||||
19 | and time of the hearing. The Department may serve this notice | ||||||
20 | by personal service on the licensee or by registered or | ||||||
21 | certified mail, return receipt requested, to the licensee's | ||||||
22 | place of business. After the hearing, the Director shall issue | ||||||
23 | an order either reinstating or revoking the license. | ||||||
24 | Section 15. The Illinois Pesticide Act is amended by | ||||||
25 | changing Sections 6, 11, 11.1, and 12 and by adding Section |
| |||||||
| |||||||
1 | 13.3 as follows:
| ||||||
2 | (415 ILCS 60/6) (from Ch. 5, par. 806)
| ||||||
3 | Sec. 6. Registration.
| ||||||
4 | 1. Every pesticide which is distributed, sold,
offered for | ||||||
5 | sale within this State, delivered for transportation or
| ||||||
6 | transported in interstate commerce or between points within the | ||||||
7 | State
through any point outside the State, shall be registered | ||||||
8 | with the Director
or his designated agent, subject to | ||||||
9 | provisions of this Act. Such
registration shall be renewed | ||||||
10 | annually with registrations expiring December
31 each year. | ||||||
11 | Registration is not required if a pesticide is shipped from
one | ||||||
12 | plant or warehouse to another plant or warehouse by the same | ||||||
13 | person and
is used solely at such plant or warehouse as a | ||||||
14 | constituent part to make a
pesticide which is registered under | ||||||
15 | provisions of this Act and FIFRA.
| ||||||
16 | 2. Registration applicant shall file a statement with the | ||||||
17 | Director which
shall include:
| ||||||
18 | A. The name and address of the applicant and the name | ||||||
19 | and address of the
person whose name will appear on the | ||||||
20 | label if different from the applicant's.
| ||||||
21 | B. The name of the pesticide.
| ||||||
22 | C. A copy of the labeling accompanying the pesticide | ||||||
23 | under customary conditions
of distribution, sale and use, | ||||||
24 | including ingredient statement, direction
for use, use | ||||||
25 | classification, and precautionary or warning statements.
|
| |||||||
| |||||||
1 | 3. The Director may require the submission of complete | ||||||
2 | formula data.
| ||||||
3 | 4. The Director may require a full description of tests | ||||||
4 | made and the results
thereof, upon which the claims are based, | ||||||
5 | for any pesticide not registered
pursuant to FIFRA, or on any | ||||||
6 | pesticide under consideration
to be classified for restricted | ||||||
7 | use.
| ||||||
8 | A. The Director will not consider data he required of | ||||||
9 | the initial
registrant of a pesticide in support of another | ||||||
10 | applicants' registration
unless the subsequent applicant | ||||||
11 | has obtained written permission to use such data.
| ||||||
12 | B. In the case of renewal registration, the Director | ||||||
13 | may accept a
statement only with respect to information | ||||||
14 | which is different from that
furnished previously.
| ||||||
15 | 5. The Director may prescribe other requirements to support | ||||||
16 | a pesticide
registration by regulation.
| ||||||
17 | 6. For the years preceding the year 2004, any registrant | ||||||
18 | desiring to
register a pesticide product at any
time during one | ||||||
19 | year shall pay the annual registration fee of
$100 per product | ||||||
20 | registered for that applicant.
For the years 2004 through 2010 | ||||||
21 | and thereafter , the annual product registration
fee is $200 per | ||||||
22 | product. For the years 2011 and thereafter, the annual product | ||||||
23 | registration fee shall be $300 per product.
| ||||||
24 | In addition, for the years preceding the year 2004 any | ||||||
25 | business
registering a pesticide product at any time
during one | ||||||
26 | year shall pay the annual business registration
fee of $250. |
| |||||||
| |||||||
1 | For the years 2004 and thereafter, the annual business
| ||||||
2 | registration fee shall be $400. Each legal entity of the | ||||||
3 | business
shall pay
the
annual business registration fee.
| ||||||
4 | For the years preceding the year 2004, any applicant | ||||||
5 | requesting an
experimental use permit shall pay the annual
fee | ||||||
6 | of $100 per permit and all special local need
pesticide
| ||||||
7 | registration
applicants shall pay an annual fee of $100 per | ||||||
8 | product. For the
years 2004 through 2010 and thereafter , the | ||||||
9 | annual
experimental use permit fee and special local need | ||||||
10 | pesticide registration fee
is $200 per permit. For the years | ||||||
11 | 2011 and thereafter, the annual experimental use permit and | ||||||
12 | special local need pesticide registration fee shall be $300 per | ||||||
13 | product. Subsequent
SLN
registrations for a pesticide already | ||||||
14 | registered shall be exempted from the
registration fee.
| ||||||
15 | A. All registration accepted and approved by the | ||||||
16 | Director shall expire
on the 31st day of December in any | ||||||
17 | one year unless cancelled.
Registration for a special local | ||||||
18 | need may be granted for a specific
period of time with the | ||||||
19 | approval date and expiration date specified.
| ||||||
20 | B. If a registration for special local need granted by | ||||||
21 | the Director does
not receive approval of the Administrator | ||||||
22 | of USEPA, the registration shall
expire on the date of the | ||||||
23 | Administrator's disapproval.
| ||||||
24 | 7. Registrations approved and accepted by the Director and | ||||||
25 | in effect on
the 31st day of December, for which renewal | ||||||
26 | application is made, shall continue
in full force and effect |
| |||||||
| |||||||
1 | until the Director notifies the registrant that
the renewal has | ||||||
2 | been approved and accepted or the registration is denied
under | ||||||
3 | this Act. Renewal registration forms will be provided to | ||||||
4 | applicants
by the Director.
| ||||||
5 | 8. If the renewal of a pesticide registration is not filed | ||||||
6 | within 30
days of the date of expiration, a penalty late | ||||||
7 | registration assessment of
$400 $300 per product shall apply in | ||||||
8 | lieu of the normal annual product
registration fee. The late | ||||||
9 | registration assessment shall not
apply if the applicant | ||||||
10 | furnishes an affidavit certifying that no
unregulated | ||||||
11 | pesticide was distributed or sold during the period of
| ||||||
12 | registration. The late assessment is not a bar to prosecution | ||||||
13 | for doing
business without proper registry.
| ||||||
14 | 9. The Director may prescribe by regulation to allow | ||||||
15 | pesticide use for
a special local need, pursuant to FIFRA.
| ||||||
16 | 10. The Director may prescribe by regulation the provisions | ||||||
17 | for and
requirements of registering a pesticide intended for | ||||||
18 | experimental use.
| ||||||
19 | 11. The Director shall not make any lack of essentiality a | ||||||
20 | criterion for
denial of registration of any pesticide. Where 2 | ||||||
21 | pesticides meet the
requirements, one should not be registered | ||||||
22 | in preference to the other.
| ||||||
23 | 12. It shall be the duty of the pesticide registrant to | ||||||
24 | properly
dispose of any pesticide the registration of which has | ||||||
25 | been suspended,
revoked or cancelled or which is otherwise not | ||||||
26 | properly registered
in the State.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-32, eff. 7-1-03.)
| ||||||
2 | (415 ILCS 60/11) (from Ch. 5, par. 811)
| ||||||
3 | Sec. 11. Certified Pesticide Applicators. No person shall | ||||||
4 | use or supervise
the use of pesticides classified for | ||||||
5 | restricted use without a license
issued by the Director. | ||||||
6 | Persons licensed or desiring to be licensed as
certified | ||||||
7 | pesticide applicators shall comply with the certification
| ||||||
8 | requirements as set forth in Section 9 of this Act in order to | ||||||
9 | protect
public health and the environment, including injury to | ||||||
10 | the applicator or
other persons using these pesticides.
| ||||||
11 | An applicant for certification as a private pesticide | ||||||
12 | applicator shall
meet qualification requirements prescribed by | ||||||
13 | regulation. The application
for certification shall be made in | ||||||
14 | writing to the Director, on forms available
from the Director | ||||||
15 | or the local county agricultural extension adviser's
office and | ||||||
16 | be accompanied by payment of a $10 license fee in the years
| ||||||
17 | preceding the year 2001. During the years
2001, 2002, 2003, | ||||||
18 | 2004, 2005, and 2006, the private pesticide applicator
license | ||||||
19 | fee shall be $15. During the years 2007 through 2010 and | ||||||
20 | thereafter , the private
pesticide applicator license fee shall | ||||||
21 | be $20. For the years 2011 and thereafter, the private | ||||||
22 | pesticide applicator license fee shall be $30. A
private
| ||||||
23 | pesticide applicator shall be assessed a fee of $5 for a | ||||||
24 | duplicate license.
Such application shall include:
| ||||||
25 | A. The full name of the applicant.
|
| |||||||
| |||||||
1 | B. The mailing address of the applicant.
| ||||||
2 | C. The documents required as evidence
of competence and | ||||||
3 | knowledge regarding the use of pesticides.
| ||||||
4 | Certification, as a private pesticide applicator, issued | ||||||
5 | by the
Director shall be valid for a period prescribed by | ||||||
6 | regulation. The Director
shall develop regulatory standards to | ||||||
7 | ensure that certified private pesticide
applicators continue | ||||||
8 | to meet the requirements of a changing technology and
assure a | ||||||
9 | continued level of competence and ability.
| ||||||
10 | (Source: P.A. 90-205, eff. 1-1-98.)
| ||||||
11 | (415 ILCS 60/11.1) (from Ch. 5, par. 811.1)
| ||||||
12 | Sec. 11.1. Public and Commercial Not-for-Hire License. No | ||||||
13 | public or
commercial not-for-hire applicator shall use or | ||||||
14 | supervise the use of any
pesticide without a license issued by | ||||||
15 | the Director.
For the years 2011 and thereafter, the public or | ||||||
16 | commercial not-for-hire pesticide applicator license fee shall | ||||||
17 | be $20. The late application fee for a public or commercial | ||||||
18 | not-for-hire applicator
license shall be $20 in addition to the | ||||||
19 | normal license fees . A public or commercial not-for-hire | ||||||
20 | applicator shall be assessed
a fee of $5 for a duplicate | ||||||
21 | license.
| ||||||
22 | 1. Application for certification as a commercial | ||||||
23 | not-for-hire pesticide
applicator shall be made in writing on | ||||||
24 | designated forms available from the
Director. Each application | ||||||
25 | shall contain information regarding the
qualifications
of the |
| |||||||
| |||||||
1 | applicant, classification of certification being sought, and | ||||||
2 | shall
include the following:
| ||||||
3 | A. The full name of the applicant.
| ||||||
4 | B. The name of the applicant's employer.
| ||||||
5 | C. The address at the applicant's place of employment.
| ||||||
6 | D. Any other information prescribed by the Director on | ||||||
7 | the designated
form.
| ||||||
8 | 2. The Director shall not issue a certification to a | ||||||
9 | commercial not-for-hire
pesticide applicator until the | ||||||
10 | individual identified has demonstrated his
competence and | ||||||
11 | knowledge regarding pesticide use in accordance with
Section 9 | ||||||
12 | of this Act.
| ||||||
13 | 3. The Director shall not renew a certification as a | ||||||
14 | commercial not-for-hire
pesticide applicator until the | ||||||
15 | applicant
reestablishes his qualifications in accordance
with | ||||||
16 | Section 9 of this Act
or has met other requirements imposed by | ||||||
17 | regulation in order to ensure that
the applicant meets the | ||||||
18 | requirements of changing technology and to assure
a continued | ||||||
19 | level of competence and ability.
| ||||||
20 | 4. Application for certification as a public pesticide | ||||||
21 | applicator shall
be made in writing on designated forms | ||||||
22 | available from the Director. Each
application shall contain | ||||||
23 | information regarding qualifications of applicant,
| ||||||
24 | classification of certification being sought, and shall | ||||||
25 | include the following:
| ||||||
26 | A. The full name of the applicant.
|
| |||||||
| |||||||
1 | B. The name of the applicant's employer.
| ||||||
2 | C. Any other information prescribed by the Director on | ||||||
3 | the designated
form.
| ||||||
4 | 5. The Director shall not issue a certificate to a public | ||||||
5 | pesticide
applicator
until the individual identified has | ||||||
6 | demonstrated his competence and knowledge
regarding pesticide | ||||||
7 | use in accordance with Section 9 of this Act.
| ||||||
8 | 6. The Director shall not renew a certification as a public
| ||||||
9 | pesticide applicator
until the applicant reestablishes his
| ||||||
10 | qualifications in accordance with Section 9 of this Act or has | ||||||
11 | met other
requirements imposed by regulation in order to ensure | ||||||
12 | that the applicant
meets the requirements of changing | ||||||
13 | technology and to assure a continued
level of competence and | ||||||
14 | ability.
| ||||||
15 | 7. Persons applying general use pesticides, approved by the
| ||||||
16 | Inter-Agency Committee on the Use of Pesticides, to scrap tires | ||||||
17 | for the
control of mosquitoes shall be exempt from the license | ||||||
18 | requirements of this
Section.
| ||||||
19 | (Source: P.A. 90-205, eff. 1-1-98.)
| ||||||
20 | (415 ILCS 60/12) (from Ch. 5, par. 812)
| ||||||
21 | Sec. 12. Licensed Operator. No pesticide operator shall use | ||||||
22 | any pesticides
without a pesticide operator license issued by | ||||||
23 | the Director.
| ||||||
24 | 1. Application for an operator license shall be made in | ||||||
25 | writing on
designated
forms available from the Director. Each |
| |||||||
| |||||||
1 | application shall contain information
regarding the nature of | ||||||
2 | applicants pesticide use, his qualifications, and
such other | ||||||
3 | facts as prescribed on the form. The application shall also
| ||||||
4 | include the following:
| ||||||
5 | A. The full name of applicant.
| ||||||
6 | B. The address of the applicant.
| ||||||
7 | C. The name of and license/certification number of the | ||||||
8 | pesticide
applicator
under whom the applicant will work.
| ||||||
9 | 2. The Director shall not issue a pesticide operator | ||||||
10 | license until the
individual identified has demonstrated his | ||||||
11 | competence and knowledge regarding
pesticide use in accordance | ||||||
12 | with Section 9 of this Act.
| ||||||
13 | 3. The Director shall not issue an operator license to any | ||||||
14 | person who
is unable to provide the name and | ||||||
15 | license/certification number of an applicator
under whom the | ||||||
16 | operator will work.
| ||||||
17 | 4. For the years preceding the year 2001, a licensed | ||||||
18 | commercial operator working
for or under the supervision of a | ||||||
19 | certified
licensed commercial pesticide applicator shall pay | ||||||
20 | an annual fee of $25.
For the years 2001, 2002, and 2003, the | ||||||
21 | annual fee for a commercial operator
license is $30. For the | ||||||
22 | years 2004, 2005, and 2006, the annual fee for a
commercial | ||||||
23 | operator license is $35. For the years 2007 and thereafter, the
| ||||||
24 | annual fee for a commercial operator license is $40.
The late | ||||||
25 | application fee for an operator license shall be $20 in
| ||||||
26 | addition to the normal license fee. A licensed operator shall |
| |||||||
| |||||||
1 | be assessed a
fee of $5 for a duplicate license.
| ||||||
2 | 5. For the years 2011 and thereafter, the public or | ||||||
3 | commercial not-for-hire pesticide operator license fee shall | ||||||
4 | be $15. The late application fee for a public or commercial | ||||||
5 | not-for-hire applicator license shall be $20 in addition to the | ||||||
6 | normal license fees. A public or commercial not-for-hire | ||||||
7 | operator shall be assessed a fee of $5 for a duplicate license. | ||||||
8 | (Source: P.A. 89-94, eff. 7-6-95; 90-205, eff. 1-1-98.)
| ||||||
9 | (415 ILCS 60/13.3 new) | ||||||
10 | Sec. 13.3. Agrichemical facility containment permits. An | ||||||
11 | agrichemical containment permit issued by the Department shall | ||||||
12 | be obtained for each existing and new agrichemical facility and | ||||||
13 | non-commercial agrichemical facility as defined by rules | ||||||
14 | promulgated by the Department. A permit fee of $100 shall be | ||||||
15 | submitted to the Department with each permit application or | ||||||
16 | permit renewal application. All moneys collected under this | ||||||
17 | Section must be deposited into the Pesticide Control Fund. | ||||||
18 | Section 20. The Lawn Care Products Application and Notice | ||||||
19 | Act is amended by changing Section 5 as follows:
| ||||||
20 | (415 ILCS 65/5) (from Ch. 5, par. 855)
| ||||||
21 | Sec. 5. Containment of spills, wash water, and rinsate | ||||||
22 | collection.
| ||||||
23 | (a) No loading of lawn care products for distribution to a |
| |||||||
| |||||||
1 | customer or
washing or rinsing of pesticide residues from | ||||||
2 | vehicles,
application equipment, mixing equipment, floors or | ||||||
3 | other items used for the
storage, handling, preparation for | ||||||
4 | use, transport, or application of
pesticides to lawns shall be | ||||||
5 | performed at a facility except in designated
containment areas | ||||||
6 | in accordance with the requirements of this
Section.
A lawn | ||||||
7 | care containment permit, issued by the Department, shall be
| ||||||
8 | obtained prior to the operation of the containment area. The
| ||||||
9 | Department shall issue a lawn care containment permit when the | ||||||
10 | containment
area or facility complies with the provisions of | ||||||
11 | this Section and the rules
and regulations adopted under | ||||||
12 | Sections 5 and 6. A permit fee of $100 shall be submitted to | ||||||
13 | the Department with each permit application or permit renewal
| ||||||
14 | application. All moneys collected pursuant to this Section
| ||||||
15 | shall be deposited into the Pesticide Control Fund.
| ||||||
16 | (b) No later than January 1, 1993, containment areas
shall | ||||||
17 | be
in use in any facility as defined in this Act and no wash | ||||||
18 | water or rinsates
may be released into the environment except | ||||||
19 | in accordance with applicable
law. Containment areas shall | ||||||
20 | include the following
requirements:
| ||||||
21 | (1) The containment area shall be constructed of | ||||||
22 | concrete,
asphalt or
other impervious materials which | ||||||
23 | include, but are not limited to,
polyethylene containment | ||||||
24 | pans and synthetic membrane liners. All containment
area | ||||||
25 | materials shall be compatible with the lawncare products to | ||||||
26 | be
contained.
|
| |||||||
| |||||||
1 | (2) The containment area shall be designed to capture | ||||||
2 | spills,
washwaters,
and rinsates generated in the loading | ||||||
3 | of application devices, the lawncare
product-related | ||||||
4 | servicing
of vehicles, and the triple rinsing of pesticide
| ||||||
5 | containers and to prevent the release of such spills, | ||||||
6 | washwaters, or
rinsates
to the environment other than as | ||||||
7 | described in paragraph (3) of this subsection
(b).
| ||||||
8 | (3) Spills, washwaters, and rinsates captured in the
| ||||||
9 | containment area may
be used in accordance with the label | ||||||
10 | rates of the lawncare products,
reused as makeup water for | ||||||
11 | dilution of pesticides in preparation of
application, or | ||||||
12 | disposed in accordance with applicable local, State and
| ||||||
13 | federal regulations.
| ||||||
14 | (c) The requirements of this Section shall not apply to | ||||||
15 | situations
constituting an emergency where washing or rinsing | ||||||
16 | of pesticide residues
from equipment or other items is | ||||||
17 | necessary to prevent imminent harm to human
health or the | ||||||
18 | environment.
| ||||||
19 | (d) The requirements of this Section shall not apply to | ||||||
20 | persons subject
to the containment requirements of the Illinois | ||||||
21 | Pesticide Act or the
Illinois Fertilizer Act of 1961
and any | ||||||
22 | rules or regulations adopted thereunder.
| ||||||
23 | (Source: P.A. 92-113, eff. 7-20-01.)
| ||||||
24 | Section 25. The Illinois Commercial Feed Act of 1961 is | ||||||
25 | amended by changing Sections 4 and 6 as follows:
|
| |||||||
| |||||||
1 | (505 ILCS 30/4) (from Ch. 56 1/2, par. 66.4)
| ||||||
2 | Sec. 4. Product Registration and Firm License.
| ||||||
3 | (a) No person who manufactures feed in this State or whose | ||||||
4 | name appears
on the label shall distribute a commercial feed | ||||||
5 | unless the person has
secured a license under this Act on forms | ||||||
6 | provided by the Department which
identify the name and address | ||||||
7 | of the firm and the location of each
manufacturing facility of | ||||||
8 | that firm within this State. An
application for the license | ||||||
9 | shall be accompanied by a fee of $30 $25 for each
year or any | ||||||
10 | portion thereof. All firm licenses shall expire December
31 of | ||||||
11 | each year. Each commercial feed shall be registered before | ||||||
12 | being
distributed in this State, provided, however, that | ||||||
13 | customer-formula feeds
are exempt from registration. The | ||||||
14 | application for registration shall be
submitted to the Director | ||||||
15 | on forms furnished or acceptable to the Director.
The | ||||||
16 | registration shall be accompanied by a label and such other | ||||||
17 | information
as the Director may require describing the product. | ||||||
18 | All registrations are
permanent unless amended or cancelled by | ||||||
19 | the registrant.
| ||||||
20 | (b) A distributor shall not be required to register any
| ||||||
21 | product which is already registered under this Act by another
| ||||||
22 | person, unless the product has been repackaged or relabelled.
| ||||||
23 | (c) Changes in the guarantee of either chemical or | ||||||
24 | ingredient
composition of a registered product may be permitted | ||||||
25 | provided that such
changes would not result in a lowering of |
| |||||||
| |||||||
1 | the feeding value of the product
for the purpose for which | ||||||
2 | designed.
| ||||||
3 | (d) The Director is empowered to refuse a product
| ||||||
4 | registration or a firm license not in compliance with the | ||||||
5 | provisions of
this Act and to suspend or revoke any product | ||||||
6 | registration or firm license
subsequently found not to be in | ||||||
7 | compliance with any provision of this Act;
provided, however, | ||||||
8 | that no product registration or firm license shall be
refused | ||||||
9 | or revoked until an opportunity has been afforded the | ||||||
10 | respondent to
be heard before the Director.
| ||||||
11 | (Source: P.A. 87-664.)
| ||||||
12 | (505 ILCS 30/6) (from Ch. 56 1/2, par. 66.6)
| ||||||
13 | Sec. 6. Inspection fees and reports.
| ||||||
14 | (a) An inspection fee at the rate of 30 20 cents per ton | ||||||
15 | shall be
paid to
the Director on commercial feed distributed in | ||||||
16 | this State by the person who
first distributes the commercial | ||||||
17 | feed subject to the following:
| ||||||
18 | (1) The inspection fee is not required on the first | ||||||
19 | distribution, if
made to an Exempt Buyer, who with approval | ||||||
20 | from the Director, will become
responsible for the fee.
| ||||||
21 | (2) Customer-formula feeds are hereby exempted if the | ||||||
22 | inspection fee is
paid on the commercial feeds which they | ||||||
23 | contain.
| ||||||
24 | (3) A fee shall not be paid on a commercial feed if the | ||||||
25 | payment has been
made by a previous distributor.
|
| |||||||
| |||||||
1 | (4) In the case of pet food and specialty pet food | ||||||
2 | which are distributed
in the State in packages of 10 pounds | ||||||
3 | or less, an annual fee of $90 $75
shall be paid in lieu of | ||||||
4 | an inspection fee. The inspection fee required by
| ||||||
5 | subsection (a) shall apply to pet food and specialty pet | ||||||
6 | food distribution
in packages exceeding 10 pounds. All fees | ||||||
7 | collected pursuant to this
Section shall be paid into the | ||||||
8 | Feed Control Fund in the State Treasury.
| ||||||
9 | (b) The minimum inspection fee shall be $25 every 6 months.
| ||||||
10 | (c) Each person who is liable for the payment of the | ||||||
11 | inspection fee shall:
| ||||||
12 | (1) File, not later than the last day of January and | ||||||
13 | July of each year,
a statement setting forth the number of | ||||||
14 | net tons of
commercial feeds distributed in this State | ||||||
15 | during the preceding calendar
6 months period; and upon | ||||||
16 | filing such statement shall pay the inspection
fee at the | ||||||
17 | rate stated in paragraph (a) of this Section. This report
| ||||||
18 | shall be made on a summary form provided by the Director or | ||||||
19 | on other forms
as approved by the Director. If the tonnage | ||||||
20 | report is not filed and the
inspection fee is not paid | ||||||
21 | within 15 days after the end of the filing date
a | ||||||
22 | collection fee amounting to 10% of the inspection fee that | ||||||
23 | is due
or $50 whichever is greater, shall be assessed | ||||||
24 | against the person who is
liable for the payment of the | ||||||
25 | inspection fee in addition to the
inspection fee that is | ||||||
26 | due.
|
| |||||||
| |||||||
1 | (2) Keep such records as may be necessary or required | ||||||
2 | by the Director to
indicate accurately the tonnage of | ||||||
3 | commercial feed distributed in this
State, and the Director | ||||||
4 | shall have the right to examine such records to
verify | ||||||
5 | statements of tonnage. Failure to make an accurate | ||||||
6 | statement of
tonnage or to pay the inspection fee or comply | ||||||
7 | as provided herein shall
constitute sufficient cause for | ||||||
8 | the cancellation of all registrations
or firm licenses on | ||||||
9 | file for the manufacturer or distributor.
| ||||||
10 | (Source: P.A. 93-32, eff. 7-1-03.)
| ||||||
11 | Section 30. The Animal Disease Laboratories Act is amended | ||||||
12 | by changing Section 1 as follows:
| ||||||
13 | (510 ILCS 10/1) (from Ch. 8, par. 105.11)
| ||||||
14 | Sec. 1. Laboratory services.
| ||||||
15 | (a) The Department of Agriculture is authorized to | ||||||
16 | establish such
additional number of animal disease | ||||||
17 | laboratories, not exceeding five, as may be
necessary to serve | ||||||
18 | the livestock and poultry industry of the State.
| ||||||
19 | (b) Such laboratories each shall be in charge of a licensed
| ||||||
20 | veterinarian, who in addition to making serological blood | ||||||
21 | tests, shall be
competent to make diagnoses of such cases of | ||||||
22 | livestock and poultry diseases as
may be submitted to such | ||||||
23 | laboratories.
| ||||||
24 | (c) The Department may enter into an arrangement with the |
| |||||||
| |||||||
1 | College of
Veterinary Medicine of the University of Illinois | ||||||
2 | whereby any cases
submitted to such laboratories which are not | ||||||
3 | susceptible of diagnosis in
the field or by common laboratory | ||||||
4 | procedure, or upon which research is
required, may be submitted | ||||||
5 | to such College of Veterinary Medicine for
diagnosis or | ||||||
6 | research.
| ||||||
7 | (d) The Department may establish and collect reasonable | ||||||
8 | fees for diagnostic
services performed by such animal disease | ||||||
9 | laboratories. However, no fees
may be collected for diagnostic | ||||||
10 | tests required by Illinois law.
| ||||||
11 | (e) The Department may establish and collect reasonable | ||||||
12 | fees for providing
analyses of research samples, out-of-state | ||||||
13 | samples, non-agricultural
samples, and survey project
samples. | ||||||
14 | These samples shall be defined by rule. The fees shall be
| ||||||
15 | deposited into the Illinois Department of
Agriculture | ||||||
16 | Laboratory Services Revolving Fund. The fees collected shall | ||||||
17 | not
exceed the Department's actual cost to provide these | ||||||
18 | services.
| ||||||
19 | (f) Moneys collected under subsection (e) shall be | ||||||
20 | appropriated from the
Illinois Department of Agriculture | ||||||
21 | Laboratory Services Revolving Fund
solely for the purposes of | ||||||
22 | (1) testing specimens submitted in support of
Department | ||||||
23 | programs established for animal health, welfare, and safety, | ||||||
24 | and the
protection of Illinois consumers of Illinois | ||||||
25 | agricultural
products, and (2) testing specimens submitted by | ||||||
26 | veterinarians and agency
personnel to determine whether |
| |||||||
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1 | chemically hazardous or biologically
infectious substances or | ||||||
2 | other disease causing conditions are present.
| ||||||
3 | (g) The Director may issue rules, consistent with the | ||||||
4 | provisions of this
Act, for the administration and enforcement | ||||||
5 | of this Act. These rules shall be
approved by the Advisory | ||||||
6 | Board of Livestock Commissioners.
| ||||||
7 | (Source: P.A. 90-403, eff. 1-1-98.)
| ||||||
8 | Section 35. The Livestock Management Facilities Act is | ||||||
9 | amended by changing Section 30 as follows:
| ||||||
10 | (510 ILCS 77/30)
| ||||||
11 | Sec. 30. Certified Livestock Manager. The Department shall | ||||||
12 | establish a Certified Livestock Manager program in
conjunction | ||||||
13 | with the livestock industry that will enhance management skills | ||||||
14 | in
critical areas, such as environmental awareness, safety | ||||||
15 | concerns, odor control
techniques and technology, neighbor | ||||||
16 | awareness, current best management
practices, and the | ||||||
17 | developing and implementing of manure management plans.
| ||||||
18 | (a) Applicability.
A livestock waste handling facility | ||||||
19 | serving 300 or greater animal
units shall be operated only | ||||||
20 | under the supervision of a certified livestock
manager. Not | ||||||
21 | withstanding the before-stated provision, a livestock waste
| ||||||
22 | handling facility may be operated on an interim basis,
but not | ||||||
23 | to exceed 6 months, to allow for the owner or operator of the | ||||||
24 | facility
to become certified.
|
| |||||||
| |||||||
1 | (b) A certification program shall include the following:
| ||||||
2 | (1) A general working knowledge of best management | ||||||
3 | practices.
| ||||||
4 | (2) A general working knowledge of livestock waste | ||||||
5 | handling
practices and procedures.
| ||||||
6 | (3) A general working knowledge of livestock | ||||||
7 | management
operations and related safety issues.
| ||||||
8 | (4) An awareness and understanding of the | ||||||
9 | responsibility of the
owner or operator for all employees | ||||||
10 | who may be involved with waste handling.
| ||||||
11 | (c) Any certification issued shall be valid for 3 years and | ||||||
12 | thereafter
be subject to renewal. A renewal shall be valid for | ||||||
13 | a 3 year period and the
procedures set forth in this Section | ||||||
14 | shall be followed. The Department may
require anyone who is | ||||||
15 | certified to be
recertified in less than 3 years for just cause | ||||||
16 | including but not limited to
repeated complaints where | ||||||
17 | investigations reveal the need to improve management
| ||||||
18 | practices.
| ||||||
19 | (d) Methods for obtaining certified livestock manager | ||||||
20 | status.
| ||||||
21 | (1) The owner or operator of a livestock waste handling | ||||||
22 | facility
serving 300 or greater animal units but less than | ||||||
23 | 1,000 animal units shall
become a certified livestock | ||||||
24 | manager by:
| ||||||
25 | (A) attending a training session conducted by the
| ||||||
26 | Department of Agriculture, Cooperative Extension |
| |||||||
| |||||||
1 | Service, or any agriculture
association, which has | ||||||
2 | been approved by or is in cooperation with the
| ||||||
3 | Department; or
| ||||||
4 | (B) in lieu of attendance at a training session,
| ||||||
5 | successfully completing a written competency | ||||||
6 | examination.
| ||||||
7 | (2) The owner or operator of a livestock waste handling | ||||||
8 | facility
serving 1,000 or greater animal units shall become | ||||||
9 | a certified livestock
manager by attending a training | ||||||
10 | session conducted by the Department of
Agriculture, | ||||||
11 | Cooperative Extension Service, or any agriculture | ||||||
12 | association,
which has been approved by or is in | ||||||
13 | cooperation with the Department and
successfully | ||||||
14 | completing a written competency examination.
| ||||||
15 | (e) The certified livestock manager certificate shall be | ||||||
16 | issued by the
Department and shall indicate that the person | ||||||
17 | named on the certificate is
certified as a livestock management | ||||||
18 | facility manager, the dates of
certification, and when renewal | ||||||
19 | is due.
| ||||||
20 | (f) For the years prior to 2011, the The Department shall | ||||||
21 | charge $10 for the issuance or renewal of a
certified
livestock | ||||||
22 | manager certificate.
For the years 2011 and thereafter, the | ||||||
23 | Department shall charge $30 for the issuance or renewal of a | ||||||
24 | certified livestock manager certificate. The Department may, | ||||||
25 | by rule, establish fees to cover the costs of materials and
| ||||||
26 | training for training sessions given by the Department.
|
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1 | (g) The owner or operator of a livestock waste handling | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | facility operating
in violation of the provisions of subsection
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (a) of this Section shall be issued a warning letter for the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | first violation
and
shall be required to have a certified | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | manager for the livestock waste handling
facility within 30 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | working days. For failure to comply with the warning
letter | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | within the 30 day period, the person shall
be fined an | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | administrative penalty of up to
$1,000 by the Department and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | shall be required to enter into an
agreement to have
a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | certified manager for the livestock waste handling facility | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | within 30 working
days. For continued failure to comply, the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Department may issue an
operational
cease and desist order | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | until compliance is attained.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | becoming law.
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