HB4936 96TH GENERAL ASSEMBLY

LRB096 16569 JDS 31842 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4936

Introduced 1/15/2010, by Rep. Naomi D. Jakobsson

SYNOPSIS AS INTRODUCED:

505 ILCS 80/3	from Ch. 5, par. 55.3
505 ILCS 80/19	from Ch. 5, par. 55.19
505 ILCS 80/20.5 new
505 ILCS 80/20.10 new
505 ILCS 80/20.15 new

Amends the Illinois Fertilizer Act of 1961. Prohibits, except in certain circumstances, any person from intentionally applying to turf any product that (i) contains fertilizer material and (ii) is labeled as containing phosphorous or available phosphoric acid. Prohibits any person from intentionally applying to frozen turf or impervious surfaces any manipulated animal or vegetable manure, finished sewage sludge, or product that (i) contains fertilizer material and (ii) is labeled as containing phosphorous or available phosphoric acid. Prohibits, except in certain circumstances, any person from selling at retail any product that (i) contains fertilizer material and (ii) is labeled as containing phosphorous or available phosphoric acid. Prohibits, except in certain circumstances, the retail display of any any product that (i) contains fertilizer material and (ii) is labeled as containing phosphorous or available phosphoric acid. Creates penalties for violations. Defines "finished sewage sludge product", "processed", and "turf".

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 by changing Sections 3 and 19 and adding Sections 20.5, 20.10, and 20.15 as follows:

(505 ILCS 80/3) (from Ch. 5, par. 55.3)

Sec. 3. Definitions of words and terms. When used in this Act unless the context otherwise requires:

(a) The term "fertilizer material" means any substance containing nitrogen, phosphorus, potash or any other recognized plant nutrient element or compound which is used primarily for its plant nutrient content or for compounding mixed fertilizers except unmanipulated animal and vegetable manures.

(b) The term "mixed fertilizer" means any combination or mixture of fertilizer materials designed for use or claimed to have value in promoting plant growth.

(c) The term "commercial fertilizer" means mixed fertilizer and/or fertilizer materials except the following natural products: agricultural limestone, marl, sea solids and unprocessed animal manure, which have not been manipulated so as to alter or change them chemically and burnt or hydrated lime, and sewage sludge produced by any sanitary district shall not be subject to the provisions of this Act, except the provisions of Section 20.5 of this Act. Such term does not include "custom mixes" as defined herein.

(d) The term "anhydrous ammonia" means the compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the proportion of one part of nitrogen to three parts of hydrogen (NH 3) by volume. Anhydrous ammonia is a commercial fertilizer of ammonia gas in compressed and liquified form. It is not aqueous ammonia which is a solution of ammonia gas in water and which is considered a low pressure nitrogen solution.

(e) The term "specialty fertilizer" means a commercial fertilizer distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, green houses and nurseries, and may include commercial fertilizer used for research or experimental purposes.

(f) The term "bulk fertilizers" means commercial fertilizer or custom mix distributed in a non-packaged form.

(g) The term "custom mix" means a mixture of 2 or more commercial fertilizers mixed at time of shipment to the specific order of the consumer.

(h) The term "custom mixer" means a person who produces and sells custom mixes.

(i) The term "brand" means a term, design, or trade mark used in connection with one or several grades of commercial fertilizers.

(j) The term "guaranteed analysis" means the minimum percentages of plant nutrients claimed in the following order and form:

A. Total Nitrogen (N)..............................%

Available Phosphoric Acid (P2O5)...................%

Soluble Potash (K2O)....................................%

B. For unacidulated mineral phosphatic materials and basic slag, both total and available phosphoric acid and the degree of fineness. For bone, tankage, and other organic phosphatic materials, total phosphoric acid.

C. Additional plant nutrients expressed as the elements, when permitted by regulation.

D. Potential basicity or acidity expressed in terms of calcium carbonate equivalent in multiples of 100 pounds per ton, when required by regulation.

(k) The term "grade" means the minimum percentage of total nitrogen, available phosphoric acid (P2O5) and soluble potash (K2O) stated in the order given in this definition.

(l) The term "official sample" means any sample of commercial fertilizer or custom mix taken by the Director or his agent and designated as "official" by the Director.

(m) The term "ton" means a net weight of 2000 pounds avoirdupois.

(n) The term "per cent" or "percentage" means the percentage by weight.

(o) The term "person" means any individual, partnership, association, firm and corporation.

(p) The term "distribute" means to offer for sale, sell, barter, store, handle, transport or otherwise supply commercial fertilizers or custom mix. The term "distributor" means any person who distributes.

(q) Words importing the singular number may extend and be applied to several persons or things and words importing the plural number may include the singular.

(r) The term "registrant" means the person who registers commercial fertilizer or custom mix under the provisions of this Act.

(s) The term "nitrogen solution" means a low pressure solution containing 2 per cent or more by weight of free ammonia and/or having vapor pressure of 5 pounds or more per square inch gauge at 104° F.

(t) The term "Department" means the Illinois Department of Agriculture.

(u) The term "Director" means the Director of the Illinois Department of Agriculture or a duly authorized representative.

(v) The term "finished sewage sludge product" means a product consisting in whole or in part of sewage sludge that is distributed to the public and that is disinfected by means of composting, pasteurization, wet air oxidation, heat treatment, or other means.

(w) The term "processed" means ground, pelletized, mechanically dried, packaged, supplemented with substances, including plant nutrients, that do not contain phosphorous, or otherwise treated in a manner designed to facilitate sale or distribution as a fertilizer material.

(x) The term "turf" means land, including residential property and publicly owned land, that is planted in closely mowed or managed grass, except that "turf" does not include (i) land used as a golf course or (ii) pasture, land used to grow grass for sod, or any other land used for agricultural production.

(Source: P.A. 83-586.)

(505 ILCS 80/19) (from Ch. 5, par. 55.19)

Sec. 19. Violations. (a) If it appears from the examination of any commercial fertilizer or custom mix that any of the provisions of this Act or the rules and regulations issued thereunder have been violated, the Director or his or her authorized agent shall cause notice of the violations to be given to the registrant, distributor or possessor from whom the sample was taken. Any person so notified shall be given opportunity to be heard under such rules and regulations as may be prescribed by the Director. If it appears after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this Act or rules and regulations issued thereunder have been violated, the Director may certify the facts to the proper prosecuting attorney.

It shall be unlawful for any person to distribute, store, transport or use anhydrous ammonia or nitrogen solutions in violation of this Act or the rules and regulations promulgated thereunder or to violate a stop use order issued by the Director.

(b) Except as otherwise provided in this Act, any Any person convicted of violating any provisions of this Act or any of the rules or regulations issued thereunder, or who impedes, obstructs, hinders or otherwise prevents or attempts to prevent the Director, or his or her duly authorized agent, in the performance of his or her duty in connection with the provisions of this Act, shall be guilty of a business offense punishable by a fine not to exceed $1,000. In all prosecutions under this Act involving the composition of a commercial fertilizer or custom mix, a certified copy of the official analysis signed by the Director shall be accepted as prima facie evidence of the composition.

(c) Nothing in this Act shall be construed as requiring the Director or his or her representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of the Act if he or she believes that the public interests will be served by a suitable notice of warning in writing.

(d) It shall be the duty of each State's attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in the circuit court without delay.

(e) The Director is authorized to apply for and the court is authorized to grant a temporary restraining order or a preliminary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this Act or any rule or regulation promulgated under the Act notwithstanding the existence of other remedies. The injunction shall be entered without bond.

(Source: P.A. 83-1362.)

(505 ILCS 80/20.5 new)

Sec. 20.5. Restrictions on use and application.

(a) Except as provided in subsection (b) of this Section, a person may not intentionally apply to turf a product that (i) contains fertilizer material and (ii) is labeled as containing phosphorous or available phosphoric acid.

(b) Subsection (a) of this Section does not apply to:

(1) persons who apply the product to establish grass, using seed or sod, during the growing season in which the person began establishing the grass; and

(2) persons who apply the product to an area if the soil in the area is deficient in phosphorous, as shown by a soil test performed by a laboratory no earlier than 36 months before the application of the product.

(c) A person may not intentionally apply to frozen turf any processed animal or vegetable manure, finished sewage sludge product, or product that (i) contains fertilizer material and (ii) is labeled as containing phosphorous or available phosphoric acid.

(d) A person may not intentionally apply to an impervious surface any processed animal or vegetable manure, finished sewage sludge product, or product that (i) contains a fertilizer material and (ii) is labeled as containing phosphorous or available phosphoric acid. A person who accidentally applies these materials to an impervious surface shall immediately remove them.

(e) A person who violates this Section is subject to a civil penalty, imposed by the Department, of not more than $50 for a first violation and not less than $200 nor more than $500 for a second or subsequent violation.

(505 ILCS 80/20.10 new)

Sec. 20.10. Restrictions on retail sale.

(a) A person may not sell at retail a product that (i) contains fertilizer material and (ii) is labeled as containing phosphorous or available phosphoric acid, unless the person knows that the purchaser intends to use the product for one or more of the following purposes:

(1) For establishing grass, using seed or sod, during the growing season in which the purchaser began establishing the grass.

(2) For application to an area if the soil in the area is deficient in phosphorus, as shown by a soil test performed by a laboratory no earlier than 36 months before the application of the product.

(3) For application to pasture, land used to grow grass for sod, or any other land used for agricultural production.

(4) For application to land used as a golf course.

(b) A person who violates this Section is subject to a civil penalty, imposed by the Department, of not more than $50 for a first violation and not less than $200 nor more than $500 for a second or subsequent violation.

(505 ILCS 80/20.15 new)

Sec. 20.15. Restrictions on retail display.

(a) A person who sells products at retail may not display a product that (i) contains fertilizer material and (ii) is labeled as containing phosphorus or available phosphoric acid. However, a person who sells such a product at retail may post a sign advising customers that the product is available upon request for uses not prohibited by Section 20.5.

(b) A person who violates this Section is subject to a civil penalty, imposed by the Department, of not more than $50 for a first violation and not less than $200 nor more than $500 for a second or subsequent violation.