Full Text of HB4936 96th General Assembly
HB4936 96TH GENERAL ASSEMBLY
|
|
|
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
|
|
|
|
|
HB4936 |
|
LRB096 16569 JDS 31842 b |
|
| 1 |
| AN ACT concerning agriculture.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Fertilizer Act of 1961 is amended | 5 |
| by by changing Sections 3 and 19 and adding Sections 20.5, | 6 |
| 20.10, and 20.15 as follows:
| 7 |
| (505 ILCS 80/3) (from Ch. 5, par. 55.3)
| 8 |
| Sec. 3. Definitions of words and terms. When used in this | 9 |
| Act unless the context otherwise requires:
| 10 |
| (a) The term "fertilizer material" means any substance | 11 |
| containing
nitrogen, phosphorus, potash or any other | 12 |
| recognized plant nutrient
element or compound which is used | 13 |
| primarily for its plant nutrient
content or for compounding | 14 |
| mixed fertilizers except unmanipulated animal
and vegetable | 15 |
| manures.
| 16 |
| (b) The term "mixed fertilizer" means any combination or | 17 |
| mixture of
fertilizer materials designed for use or claimed to | 18 |
| have value in
promoting plant growth.
| 19 |
| (c) The term "commercial fertilizer" means mixed | 20 |
| fertilizer and/or
fertilizer materials except the following | 21 |
| natural products: agricultural
limestone, marl, sea solids and | 22 |
| unprocessed animal manure, which have
not been manipulated so | 23 |
| as to alter or change them chemically and burnt
or hydrated |
|
|
|
HB4936 |
- 2 - |
LRB096 16569 JDS 31842 b |
|
| 1 |
| lime, and sewage sludge produced by any sanitary district
shall | 2 |
| not be subject to the provisions of this Act , except the | 3 |
| provisions of Section 20.5 of this Act . Such term does not
| 4 |
| include "custom mixes" as defined herein.
| 5 |
| (d) The term "anhydrous ammonia"
means the compound formed | 6 |
| by the combination of two gaseous elements, nitrogen
and | 7 |
| hydrogen, in the proportion of one part of nitrogen to three | 8 |
| parts of
hydrogen (NH 3) by volume. Anhydrous ammonia is a | 9 |
| commercial fertilizer
of ammonia gas in compressed and | 10 |
| liquified form.
It is not aqueous ammonia which is a solution | 11 |
| of ammonia
gas in water and which is considered a low pressure | 12 |
| nitrogen solution.
| 13 |
| (e) The term "specialty fertilizer" means a commercial | 14 |
| fertilizer
distributed primarily for nonfarm use, such as home | 15 |
| gardens, lawns, shrubbery,
flowers, golf courses, municipal | 16 |
| parks, cemeteries, green houses and nurseries,
and may include | 17 |
| commercial fertilizer used for research or experimental | 18 |
| purposes.
| 19 |
| (f) The term "bulk fertilizers" means commercial | 20 |
| fertilizer or
custom mix distributed in a non-packaged form.
| 21 |
| (g) The term "custom mix" means a mixture of 2 or more | 22 |
| commercial
fertilizers mixed at time of shipment to the | 23 |
| specific order of the
consumer.
| 24 |
| (h) The term "custom mixer" means a person who produces and | 25 |
| sells
custom mixes.
| 26 |
| (i) The term "brand" means a term, design, or trade mark |
|
|
|
HB4936 |
- 3 - |
LRB096 16569 JDS 31842 b |
|
| 1 |
| used in
connection with one or several grades of commercial | 2 |
| fertilizers.
| 3 |
| (j) The term "guaranteed analysis" means the minimum | 4 |
| percentages of
plant nutrients claimed in the following order | 5 |
| and form:
| 6 |
| A. Total Nitrogen (N) ..............................%
| 7 |
| Available Phosphoric Acid (P2O5) ...................%
| 8 |
| Soluble Potash (K2O) ....................................%
| 9 |
| B. For unacidulated mineral phosphatic materials and basic | 10 |
| slag,
both total and available phosphoric acid and the degree | 11 |
| of fineness. For
bone, tankage, and other organic phosphatic | 12 |
| materials, total phosphoric
acid.
| 13 |
| C. Additional plant nutrients expressed as the elements, | 14 |
| when
permitted by regulation.
| 15 |
| D. Potential basicity or acidity expressed in terms of | 16 |
| calcium
carbonate equivalent in multiples of 100 pounds per | 17 |
| ton, when required
by regulation.
| 18 |
| (k) The term "grade" means the minimum percentage of total | 19 |
| nitrogen,
available phosphoric acid (P2O5) and soluble potash | 20 |
| (K2O) stated in the
order given in this definition.
| 21 |
| (l) The term "official sample" means any sample of | 22 |
| commercial
fertilizer or custom mix taken by the Director or | 23 |
| his agent and
designated as "official" by the Director.
| 24 |
| (m) The term "ton" means a net weight of 2000 pounds | 25 |
| avoirdupois.
| 26 |
| (n) The term "per cent" or "percentage" means the |
|
|
|
HB4936 |
- 4 - |
LRB096 16569 JDS 31842 b |
|
| 1 |
| percentage by
weight.
| 2 |
| (o) The term "person" means any individual, partnership,
| 3 |
| association, firm and corporation.
| 4 |
| (p) The term "distribute" means to offer for sale, sell, | 5 |
| barter, store,
handle, transport or
otherwise supply | 6 |
| commercial fertilizers or custom mix. The term
"distributor" | 7 |
| means any person who distributes.
| 8 |
| (q) Words importing the singular number may extend and be | 9 |
| applied to
several persons or things and words importing the | 10 |
| plural number may
include the singular.
| 11 |
| (r) The term "registrant" means the person who registers | 12 |
| commercial
fertilizer or custom mix under the provisions of | 13 |
| this Act.
| 14 |
| (s) The term "nitrogen solution" means a low pressure | 15 |
| solution containing
2 per cent or more by weight of free | 16 |
| ammonia and/or having vapor pressure
of 5 pounds or more per | 17 |
| square inch gauge at 104° F.
| 18 |
| (t) The term "Department" means the Illinois Department of | 19 |
| Agriculture.
| 20 |
| (u) The term "Director" means the Director of the Illinois | 21 |
| Department
of Agriculture or a duly authorized representative.
| 22 |
| (v) The term "finished sewage sludge product" means a | 23 |
| product consisting in whole or in part of sewage sludge that is | 24 |
| distributed to the public and that is disinfected by means of | 25 |
| composting, pasteurization, wet air oxidation, heat treatment, | 26 |
| or other means. |
|
|
|
HB4936 |
- 5 - |
LRB096 16569 JDS 31842 b |
|
| 1 |
| (w) The term "processed" means ground, pelletized, | 2 |
| mechanically dried, packaged, supplemented with substances, | 3 |
| including plant nutrients, that do not contain phosphorous, or | 4 |
| otherwise treated in a manner designed to facilitate sale or | 5 |
| distribution as a fertilizer material. | 6 |
| (x) The term "turf" means land, including residential | 7 |
| property and publicly owned land, that is planted in closely | 8 |
| mowed or managed grass, except that "turf" does not include (i) | 9 |
| land used as a golf course or (ii) pasture, land used to grow | 10 |
| grass for sod, or any other land used for agricultural | 11 |
| production. | 12 |
| (Source: P.A. 83-586.)
| 13 |
| (505 ILCS 80/19) (from Ch. 5, par. 55.19)
| 14 |
| Sec. 19. Violations. (a) If it appears from the examination | 15 |
| of any commercial
fertilizer or
custom mix that any of the | 16 |
| provisions of this Act or the rules and
regulations issued | 17 |
| thereunder have been violated, the Director or his or her
| 18 |
| authorized agent shall cause notice of the violations to be | 19 |
| given to the
registrant, distributor or possessor from whom the | 20 |
| sample was taken. Any
person so notified shall be given | 21 |
| opportunity to be heard under such rules
and regulations as may | 22 |
| be prescribed by the Director. If it appears after
such | 23 |
| hearing, either in the presence or absence of the person so | 24 |
| notified,
that any of the provisions of this Act or rules and | 25 |
| regulations issued
thereunder have been violated, the Director |
|
|
|
HB4936 |
- 6 - |
LRB096 16569 JDS 31842 b |
|
| 1 |
| may certify the facts to the
proper prosecuting attorney.
| 2 |
| It shall be unlawful for any person to distribute, store, | 3 |
| transport or
use anhydrous ammonia or nitrogen solutions in | 4 |
| violation of this Act or
the rules and regulations promulgated | 5 |
| thereunder or to violate a stop use
order issued by
the | 6 |
| Director.
| 7 |
| (b) Except as otherwise provided in this Act, any A ny | 8 |
| person convicted of violating any provisions of this Act or any
| 9 |
| of the rules or regulations issued thereunder, or who impedes, | 10 |
| obstructs,
hinders or otherwise prevents or attempts to prevent | 11 |
| the Director, or his or her
duly authorized agent, in the | 12 |
| performance of his or her duty in connection with
the | 13 |
| provisions of this Act, shall be guilty of a business offense | 14 |
| punishable
by a fine not to exceed $1,000. In all
prosecutions | 15 |
| under this Act involving the composition of a commercial
| 16 |
| fertilizer or custom mix, a certified copy of the official | 17 |
| analysis signed
by the Director shall be accepted as prima | 18 |
| facie evidence of the
composition.
| 19 |
| (c) Nothing in this Act shall be construed as requiring the | 20 |
| Director or
his or her representative to report for prosecution | 21 |
| or for the institution of
seizure proceedings as a result of | 22 |
| minor violations of the Act if
he or she
believes that the | 23 |
| public interests will be served by a suitable notice of
warning | 24 |
| in writing.
| 25 |
| (d) It shall be the duty of each State's attorney to whom | 26 |
| any violation
is reported to cause appropriate proceedings to |
|
|
|
HB4936 |
- 7 - |
LRB096 16569 JDS 31842 b |
|
| 1 |
| be instituted and
prosecuted in the circuit court without | 2 |
| delay.
| 3 |
| (e) The Director is authorized to apply for and the court | 4 |
| is authorized
to grant a temporary restraining order or a | 5 |
| preliminary or permanent injunction
restraining any person | 6 |
| from
violating or continuing to violate any of the provisions | 7 |
| of this Act or any
rule or regulation promulgated under the Act | 8 |
| notwithstanding the existence
of other remedies. The | 9 |
| injunction shall be entered without bond.
| 10 |
| (Source: P.A. 83-1362.)
| 11 |
| (505 ILCS 80/20.5 new) | 12 |
| Sec. 20.5. Restrictions on use and application. | 13 |
| (a) Except as provided in subsection (b) of this Section, a | 14 |
| person may not intentionally apply to turf a product that (i) | 15 |
| contains fertilizer material and (ii) is labeled as containing | 16 |
| phosphorous or available phosphoric acid. | 17 |
| (b) Subsection (a) of this Section does not apply to: | 18 |
| (1) persons who apply the product to establish grass, | 19 |
| using seed or sod, during the growing season in which the | 20 |
| person began establishing the grass; and | 21 |
| (2) persons who apply the product to an area if the | 22 |
| soil in the area is deficient in phosphorous, as shown by a | 23 |
| soil test performed by a laboratory no earlier than 36 | 24 |
| months before the application of the product. | 25 |
| (c) A person may not intentionally apply to frozen turf any |
|
|
|
HB4936 |
- 8 - |
LRB096 16569 JDS 31842 b |
|
| 1 |
| processed animal or vegetable manure, finished sewage sludge | 2 |
| product, or product that (i) contains fertilizer material and | 3 |
| (ii) is labeled as containing phosphorous or available | 4 |
| phosphoric acid. | 5 |
| (d) A person may not intentionally apply to an impervious | 6 |
| surface any processed animal or vegetable manure, finished | 7 |
| sewage sludge product, or product that (i) contains a | 8 |
| fertilizer material and (ii) is labeled as containing | 9 |
| phosphorous or available phosphoric acid. A person who | 10 |
| accidentally applies these materials to an impervious surface | 11 |
| shall immediately remove them. | 12 |
| (e) A person who violates this Section is subject to a | 13 |
| civil penalty, imposed by the Department, of not more than $50 | 14 |
| for a first violation and not less than $200 nor more than $500 | 15 |
| for a second or subsequent violation. | 16 |
| (505 ILCS 80/20.10 new) | 17 |
| Sec. 20.10. Restrictions on retail sale. | 18 |
| (a) A person may not sell at retail
a product that (i) | 19 |
| contains fertilizer material and (ii) is labeled as containing | 20 |
| phosphorous or available phosphoric acid, unless the person | 21 |
| knows that the purchaser
intends to use the product for one or | 22 |
| more of
the following purposes: | 23 |
| (1) For establishing grass, using seed or sod, during
| 24 |
| the growing season in which the purchaser began | 25 |
| establishing
the grass. |
|
|
|
HB4936 |
- 9 - |
LRB096 16569 JDS 31842 b |
|
| 1 |
| (2) For application to an area if the soil in the area | 2 |
| is
deficient in phosphorus, as shown by a soil test | 3 |
| performed
by
a laboratory no earlier than 36 months before | 4 |
| the application of the product. | 5 |
| (3) For application to pasture, land used to grow grass
| 6 |
| for sod, or any other land used for agricultural | 7 |
| production. | 8 |
| (4) For application to land used as a golf course. | 9 |
| (b) A person who violates this Section is subject to a | 10 |
| civil penalty, imposed by the Department, of not more than $50 | 11 |
| for a first violation and not less than $200 nor more than $500 | 12 |
| for a second or subsequent violation. | 13 |
| (505 ILCS 80/20.15 new) | 14 |
| Sec. 20.15. Restrictions on retail display. | 15 |
| (a) A person who sells products at retail may not display a | 16 |
| product that (i) contains fertilizer material and (ii) is | 17 |
| labeled as
containing phosphorus or available phosphoric acid. | 18 |
| However, a person
who sells such a product at retail may post a | 19 |
| sign advising customers
that the product is available
upon | 20 |
| request for uses not prohibited by Section 20.5. | 21 |
| (b) A person who violates this Section is subject to a | 22 |
| civil penalty, imposed by the Department, of not more than $50 | 23 |
| for a first violation and not less than $200 nor more than $500 | 24 |
| for a second or subsequent violation.
|
|