Rep. Naomi D. Jakobsson
Filed: 3/11/2010
 
 

 




 

 		












09600HB4936ham001

LRB096 16569 JDS 38747 a






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AMENDMENT TO HOUSE BILL 4936 




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    AMENDMENT NO. ______. Amend House Bill 4936 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Illinois Fertilizer Act of 1961 is amended  
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by changing Section 3 as follows:
 
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    (505 ILCS 80/3)  (from Ch. 5, par. 55.3)
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    Sec. 3. Definitions of words and terms. When used in this 
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Act unless the the context otherwise requires:
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    (a) The term "fertilizer material" means any substance 
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containing
nitrogen, phosphorus, potash or any other 
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recognized plant nutrient
element or compound which is used 
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primarily for its plant nutrient
content or for compounding 
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mixed fertilizers except unmanipulated animal
and vegetable 
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manures.
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    (b) The term "mixed fertilizer" means any combination or 
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mixture of
fertilizer materials designed for use or claimed to 
 


 






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have value in
promoting plant growth.
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    (c) The term "commercial fertilizer" means mixed 
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fertilizer and/or
fertilizer materials except the following 
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natural products: agricultural
limestone, marl, sea solids and 
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unprocessed animal manure, which have
not been manipulated so 
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as to alter or change them chemically and burnt
or hydrated 
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lime, and sewage sludge produced by any sanitary district
shall 
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not be subject to the provisions of this Act. Such term does 
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not
include "custom mixes" as defined herein.
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    (d) The term "anhydrous ammonia"
means the compound formed 
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by the combination of two gaseous elements, nitrogen
and 
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hydrogen, in the proportion of one part of nitrogen to three 
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parts of
hydrogen (NH 3) by volume. Anhydrous ammonia is a 
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commercial fertilizer
of ammonia gas in compressed and 
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liquified form.
It is not aqueous ammonia which is a solution 
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of ammonia
gas in water and which is considered a low pressure 
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nitrogen solution.
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    (e) The term "specialty fertilizer" means a commercial 
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fertilizer
distributed primarily for nonfarm use, such as home 
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gardens, lawns, shrubbery,
flowers, golf courses, municipal 
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parks, cemeteries, green houses and nurseries,
and may include 
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commercial fertilizer used for research or experimental 
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purposes.
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    (f) The term "bulk fertilizers" means commercial 
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fertilizer or
custom mix distributed in a non-packaged form.
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    (g) The term "custom mix" means a mixture of 2 or more 
 


 






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commercial
fertilizers mixed at time of shipment to the 
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specific order of the
consumer.
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    (h) The term "custom mixer" means a person who produces and 
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sells
custom mixes.
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    (i) The term "brand" means a term, design, or trade mark 
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used in
connection with one or several grades of commercial 
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fertilizers.
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    (j) The term "guaranteed analysis" means the minimum 
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percentages of
plant nutrients claimed in the following order 
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and form:
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    A. Total Nitrogen (N)..............................%

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

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    Soluble Potash (K2O)....................................%
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    B. For unacidulated mineral phosphatic materials and basic 
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slag,
both total and available phosphoric acid and the degree 
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of fineness. For
bone, tankage, and other organic phosphatic 
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materials, total phosphoric
acid.
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    C. Additional plant nutrients expressed as the elements, 
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when
permitted by regulation.
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    D. Potential basicity or acidity expressed in terms of 
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calcium
carbonate equivalent in multiples of 100 pounds per 
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ton, when required
by regulation.
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    (k) The term "grade" means the minimum percentage of total 
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nitrogen,
available phosphoric acid (P2O5) and soluble potash 
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(K2O) stated in the
order given in this definition.
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    (l) The term "official sample" means any sample of 
 


 






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commercial
fertilizer or custom mix taken by the Director or 
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his agent and
designated as "official" by the Director.
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    (m) The term "ton" means a net weight of 2000 pounds 
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avoirdupois.
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    (n) The term "per cent" or "percentage" means the 
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percentage by
weight.
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    (o) The term "person" means any individual, partnership,

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association, firm and corporation.
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    (p) The term "distribute" means to offer for sale, sell, 
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barter, store,
handle, transport or
otherwise supply 
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commercial fertilizers or custom mix. The term
"distributor" 
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means any person who distributes.
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    (q) Words importing the singular number may extend and be 
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applied to
several persons or things and words importing the 
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plural number may
include the singular.
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    (r) The term "registrant" means the person who registers 
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commercial
fertilizer or custom mix under the provisions of 
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this Act.
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    (s) The term "nitrogen solution" means a low pressure 
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solution containing
2 per cent or more by weight of free 
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ammonia and/or having vapor pressure
of 5 pounds or more per 
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square inch gauge at 104° F.
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    (t) The term "Department" means the Illinois Department of 
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Agriculture.
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    (u) The term "Director" means the Director of the Illinois 
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Department
of Agriculture or a duly authorized representative.
 


 






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