State of Illinois
2021 and 2022


Introduced 2/26/2021, by Sen. Neil Anderson


505 ILCS 120/Act title
505 ILCS 120/1  from Ch. 5, par. 2801-1
505 ILCS 120/10  from Ch. 5, par. 2801-10
505 ILCS 120/15  from Ch. 5, par. 2801-15
505 ILCS 120/20  from Ch. 5, par. 2801-20
505 ILCS 120/25  from Ch. 5, par. 2801-25
505 ILCS 120/30  from Ch. 5, par. 2801-30
505 ILCS 120/35  from Ch. 5, par. 2801-35
505 ILCS 120/40  from Ch. 5, par. 2801-40
505 ILCS 120/45  from Ch. 5, par. 2801-45
505 ILCS 120/50  from Ch. 5, par. 2801-50

    Amends the Soil Amendment Act. Provides that the Act may be cited as the Soil, Plant, and Additive Act. Changes references in the Act from soil amendment to additive or amendment. Defines "active ingredient", "additive", "amendment", "inert ingredient", and "plant amendment". Makes other changes.

LRB102 14441 KMF 19793 b





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1    AN ACT concerning agriculture.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Soil Amendment Act is amended by changing
5changing the title of the Act and Sections 1, 10, 15, 20, 25,
630, 35, 40, 45, and 50 as follows:
7    (505 ILCS 120/Act title)
8An Act in relation to agriculture soil amendments.
9    (505 ILCS 120/1)  (from Ch. 5, par. 2801-1)
10    Sec. 1. Short title. This Act may be cited as the Soil,
11Plant, and Additive Amendment Act.
12(Source: P.A. 87-394.)
13    (505 ILCS 120/10)  (from Ch. 5, par. 2801-10)
14    Sec. 10. Definitions. As used in this Act:
15    "Active ingredient" means a substance in a product,
16whether a bacterial agent, mineral element, or chemical
17compound that performs the claim or purpose for which the
18product is intended but is not a fertilizer material or any
19chemical registered with FIFRA.
20    "Additive" means a substance or a mixture of substances
21incorporated with or on a fertilizer or fertilizer material or



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1parts thereof including anhydrous ammonia and low-pressure
2nitrogen solutions as defined in Title 8, part 215 of the
3Illinois Administrative Code for an enhanced efficiency
4fertilizer; or (2) un-manipulated animal or vegetable manure,
5or both, or organic by-products or organic products intended
6for nutrient management; but is not a fertilizer material or
7any chemical registered with FIFRA.
8    "Amendment" means either a soil amendment or plant
10    "Brand" means a term, design, trademark, product name, or
11other specific designation under which individual additives or
12soil amendments are distributed.
13    "Bulk" means in a nonpackaged form.
14    "Department" means the Department of Agriculture.
15    "Director" means the Director of the Department of
17    "Distribute" means offer or hold for sale, sell, barter,
18give away, ship, deliver for shipment, receive and then
19deliver, or offer to deliver an additive or a soil amendment in
20this State.
21    "Distributor" means any person who distributes an additive
22or a soil amendment in this State.
23    "FIFRA" means the Federal Insecticide, Fungicide, and
24Rodenticide Act.
25    "Inert ingredient" means the non-active substance present
26in an additive or amendments.



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1    "Investigational allowance" means an allowance for
2variations in analytical determination inherent in the taking,
3preparation, and analysis of an official sample of an
4addictive or a soil amendment.
5    "Label" means all written, printed, or graphic material on
6or attached to the immediate container or wrapping or the
7statement accompanying an additive or a soil amendment.
8    "Labeling" means the label and all other written, printed,
9or graphic material accompanying an additive or a soil
10amendment or referring to it in any other media including web
11sites and e-mails used to disseminate information to the
12public in promoting the sale of an additive or a soil
14    "Minimum percentage" means the percent of active
15ingredient or the soil amending ingredient that must be
16present in a product before the product will be accepted for
17registration or offered for sale.
18    "Official sample" means any sample of an additive or a
19soil amendment taken by the Director or his or her agent or
20designee and designated as "official" by the Director.
21    "Other ingredient" means the non-soil amending substance
22present in soil amendment products.
23    "Percent" or "percentage" means a part of the whole by
25    "Person" means an individual, partnership, association,
26fiduciary, corporation, or other organized group of persons



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1whether incorporated or not.
2    "Plant amendment" means any substance applied to plants or
3seeds that is intended to improve germination, growth, yield,
4product quality, reproduction, flavor, or other desirable
5characteristics of plants other than fertilizer, an additive,
6soil amendment, liming materials, animal and vegetable
7manures, or other materials which may be exempted by
8regulation, including, but not limited to, plant growth
9regulators or stimulants, silicates, or vitamins. A chemical
10registered as a pesticide under FIFRA is not a plant amendment
11for purposes of this Act.
12    "Registrant" means the person who registers additives or
13soil amendments under the provisions of this Act.
14    "Soil amendment" means any substance or material about
15which it is claimed that it will and is intended to improve the
16physical, chemical, biochemical, biological, or other
17characteristics of the soil or otherwise affect soil and
18therefore is claimed to enhance crop production capacity or
19increase crop yield. The term does not include fertilizer
20material, additive, plant amendment, agricultural limestone,
21marl, burnt or hydrated lime, sewage sludge produced by a
22sanitary district, or animal or vegetable manure that has not
23been processed or manipulated to chemically alter it. The term
24includes, but is not limited to, several soil and plant
25additive materials defined and referred to as soil
26conditioners, ; or wetting agents and surfactants, ; or



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1biological inoculants and activators; or plant growth
2regulators and stimulants. Any chemical registered with as a
3pesticide under FIFRA is not a soil amendment for purposes of
4this Act.
5    "Soil amending ingredient" means the substance in a soil
6amendment product, whether a bacterial agent, mineral element,
7or chemical compound, that acts to improve soil or enhance
8crop production but is not a fertilizing material.
9(Source: P.A. 87-394.)
10    (505 ILCS 120/15)  (from Ch. 5, par. 2801-15)
11    Sec. 15. Registration.
12    (a) Each On and after July 1, 1992, each separately
13identified additive or soil amendment shall be registered with
14the Director before being distributed in this State.
15Application for registration shall be submitted on forms
16furnished or approved by the Department and shall be
17accompanied by a fee of $250 per product. A registration shall
18expire on December 31 of the year it is issued.
19    (b) The registrant shall submit to the Director at the
20time of application for registration a copy of the label and
21any advertising literature for the additive or soil amendment.
22Upon approval by the Director, the registrant shall be
23furnished a certified copy of the registration.
24    Before registering any additive or soil amendment, the
25Director shall require evidence to substantiate the claims



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1made for the additive or soil amendment and proof of the value
2and usefulness of the additive or soil amendment ingredient.
3    (c) The Director may, by rule, set the minimum amount of an
4additive or a soil amendment ingredient and soil amendment
5ingredients that must be present before an additive or a soil
6amendment product can be registered and distributed in this
8    (d) A distributor shall not be required to register an
9additive or a soil amendment product that is already
10registered under this Act if the label does not differ in any
12    (e) If an application for renewal of registration for a an
13additive or soil amendment is not received within 30 days
14after the registration expiration date and the soil amendment
15product is found to be distributed in the State, a penalty of a
16$100 per product shall be assessed and added to the original
17fee and shall be paid before registration will be granted.
18(Source: P.A. 87-394.)
19    (505 ILCS 120/20)  (from Ch. 5, par. 2801-20)
20    Sec. 20. Labeling.
21    (a) Except for materials exempted by rule, On and after
22July 1, 1992, the following information shall appear on the
23face or display side in a readable and conspicuous form on
24every additive or soil amendment product container or shall
25accompany each bulk order of an additive or a soil amendment



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1product distributed in this State and shall be considered the
3        (1) Net weight.
4        (2) Brand (or product) name.
5        (3) Guaranteed analysis, which shall include the name
6    of all active soil amending and inert other ingredients
7    and the percentage of the whole product each ingredient
8    constitutes.
9        (4) Purpose of the product.
10        (5) Directions for use.
11        (6) Name and address of registrant or person
12    distributing the product in this State.
13    (b) The Director may require proof of claims made or
14usefulness or value of any additive or soil amendment product.
15The Director may rely on experimental data, evaluations, or
16advice from sources such as the Agricultural Experiment
17Station and other professionally trained scientists for the
18required proof.
19    (c) No additive or soil amending ingredient may be listed
20or guaranteed on the label without the permission of the
21Director. The Director shall allow ingredients to be listed if
22satisfactory proof of value and usefulness is provided that
23substantiates the usefulness and value of the ingredient and
24supports the claims made. When an additive or a soil amending
25ingredient is allowed to be listed or guaranteed, it must be
26determinable by laboratory methods unless otherwise exempted



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1by the Director and is subject to inspection and official
2sample analysis.
3    (d) The Director shall require the listing on the label of
4all substances included as other ingredients in each additive
5or soil amendment product.
6    (e) The Director may allow labeling by volume rather than
7by weight.
8    (f) If the Director finds that a registered additive or
9soil amendment product contains plant nutrient ingredients,
10regardless of amount, the Director he or she may require the
11label to so state.
12(Source: P.A. 87-394.)
13    (505 ILCS 120/25)  (from Ch. 5, par. 2801-25)
14    Sec. 25. Cancellation, suspension, or refusal of
16    (a) The Director may refuse to register an additive or a
17soil amendment or cancel or suspend an additive or a soil
18amendment registration if:
19        (1) the composition of the additive or soil amendment
20    does not warrant the claims made;
21        (2) the additive or soil amendment does not comply
22    with the provisions of this Act or its rules;
23        (3) the labeling or other materials required for
24    registration do not comply with the provisions of this Act
25    or its rules;



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1        (4) the registrant used fraudulent or deceptive
2    practices to secure registration; or
3        (5) it is determined that an additive or a soil
4    amendment poses a risk of unreasonable adverse effects to
5    man or the environment.
6(Source: P.A. 87-394.)
7    (505 ILCS 120/30)  (from Ch. 5, par. 2801-30)
8    Sec. 30. Inspection, sampling analysis.
9    (a) The Director shall inspect, sample, and make analyses
10or test additives or soil amendments distributed within this
11State at any time and place, and to the extent deemed
12necessary, to determine that additive or soil amendment
13products comply with the requirements of this Act or its
15    (b) The Director may enter upon public or private premises
16during regular business hours in order to have access to
17additives or soil amendments subject to this Act as well as
18records relating to their distribution.
19    (c) The methods of analysis and sampling shall be those
20adopted by the Director from sources such as the Association
21of Official Analytical Chemists (AOAC) or other comparable
22sources deemed appropriate by and acceptable to the Director.
23    (d) The Director may, by rule, establish inspection
24procedures and fees not to exceed 0.10 cents per pound for
25additives, soil amendment products, or both, distributed in



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1this State.
2(Source: P.A. 87-394.)
3    (505 ILCS 120/35)  (from Ch. 5, par. 2801-35)
4    Sec. 35. Misbranding or adulteration.
5    (a) An additive or A soil amendment is misbranded if:
6        (1) its labeling is misleading or false in any
7    particular;
8        (2) it is an imitation of or is distributed under the
9    name of another additive or soil amendment;
10        (3) it is not labeled as required by this Act or its
11    rules;
12        (4) it claims to be or is represented to be an additive
13    or amendment or contain an ingredient a soil amendment
14    unless the additive or soil amendment or ingredient
15    conforms to definitions of identity as prescribed by rule;
16    or
17        (5) it does not conform to ingredient form, minimum
18    label guarantee, and investigational allowance in rules
19    adopted by the Department.
20    (b) An additive or A soil amendment that contains any
21deleterious or harmful agent in amounts sufficient to render
22it injurious to man, animals, aquatic life, or beneficial
23plants when used in accordance with label directions shall be
24deemed adulterated.
25    (c) An additive or A soil amendment containing weed seed



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1or unwanted crop seed shall be deemed adulterated.
2    (d) An additive or A soil amendment that has a composition
3different from that claimed on its label shall be deemed
5(Source: P.A. 87-394.)
6    (505 ILCS 120/40)  (from Ch. 5, par. 2801-40)
7    Sec. 40. Stop sale; use or removal order.
8    (a) Whenever the Director has reason to believe an
9additive or a soil amendment is being distributed in violation
10of this Act or its rules, he or she may issue and serve a
11written order to stop sale, stop use, or regulate removal upon
12an owner, operator, manager, or agent in charge of the
13additive or soil amendment.
14    (b) The Director shall provide the registrant, if
15different from the person served under subsection (a), with a
16copy of any order when corrective action appears to be the
17responsibility of the registrant.
18    (c) If an owner, operator, manager, or agent is not
19available for service of an order upon him or her, the Director
20shall attach the order to the additive or soil amendment
21product and notify the registrant.
22    (d) The Director shall remove or vacate an order by
23written notice when the violated provisions of this Act or its
24rules have been complied with, the conditions specified have
25been met, or the violation has been otherwise disposed of by



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1either administrative or judicial action.
2    (e) When the Director has reason to believe that an
3additive or a soil amendment being distributed in this State
4may be injurious to plants, animals, or man when used in
5accordance with label directions, he or she may issue an order
6to remove the additive or soil amendment from the State and
7establish requirements to effect the expeditious removal of
8the additive or soil amendment without adverse effects to man
9or the environment.
10(Source: P.A. 87-394.)
11    (505 ILCS 120/45)  (from Ch. 5, par. 2801-45)
12    Sec. 45. Rules.
13    (a) The Director shall, after due notice and opportunity
14for public hearing according to the Illinois Administrative
15Procedure Act, adopt any rules necessary to administer,
16implement, and enforce this Act, including but not limited to,
17regulations for: (i) exempt material; (ii) inspection; (iii)
18labeling; (iv) sampling; (v) records; (vi) analytical methods;
19(vii) form, minimum percentages, and investigational allowance
20and penalties of either an additive or a soil amendment
21ingredient or additive or soil amendment; (viii) misbranding;
22(ix) adulteration; and (x) monetary penalties not otherwise
23set forth in this Act.
24(Source: P.A. 87-394.)



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1    (505 ILCS 120/50)  (from Ch. 5, par. 2801-50)
2    Sec. 50. Hearing; notice; injunction.
3    (a) The Department, over the signature of the Director, is
4authorized to issue subpoenas and bring before the Department
5any person or persons in this State to take testimony orally,
6by deposition, or by exhibit, in the same manner prescribed by
7law in judicial proceedings and civil cases in the circuit
8courts of this State. The Director is authorized to issue
9subpoenas duces tecum for records relating to an additive or a
10soil amendment distributor's or registrant's business.
11    (b) The Department, over the signature of the Director,
12may apply to any court for a temporary restraining order or a
13preliminary or permanent injunction restraining any person
14from violating or continuing to violate any provision of this
15Act or its rules. An injunction issued under this Section
16shall be issued without bond.
17    (c) When an administrative hearing is held, the hearing
18officer, upon determination of a violation of this Act, shall
19levy and the Department shall collect administrative penalties
20on a per-occurrence basis as follows:
21        (1) A penalty of $500 shall be imposed for the
22    following violations:
23            (a) Neglect or refusal, after notice in writing,
24        to comply with provisions of this Act or its rules or
25        any lawful order of the Director.
26            (b) Sale, transport, disposal, or distribution of



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1        an additive or a soil amendment that has been placed
2        under a stop-sale order.
3        (2) A penalty of $250 shall be imposed for the
4    following violations:
5            (a) Thwarting or hindering the Director in the
6        performance of his or her duties by misrepresenting or
7        concealing facts or conditions.
8            (b) Distribution of an additive or a soil
9        amendment that is mislabeled or adulterated.
10        (3) A penalty of $100 shall be imposed for the
11    following violations:
12            (a) Distribution of an additive or a soil
13        amendment that does not have an accompanying label
14        attached or displayed.
15            (b) Failure to comply with any provision of this
16        Act or its rules.
17            (c) Distribution in this State of any additive or
18        soil amendment containing noxious weed seed.
19(Source: P.A. 87-394.)