Full Text of HB4936 96th General Assembly
HB4936ham001 96TH GENERAL ASSEMBLY
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Rep. Naomi D. Jakobsson
Filed: 3/11/2010
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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 | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Fertilizer Act of 1961 is amended | 5 |
| by changing Section 3 as follows: | 6 |
| (505 ILCS 80/3) (from Ch. 5, par. 55.3) | 7 |
| Sec. 3. Definitions of words and terms. When used in this | 8 |
| Act unless the the context otherwise requires: | 9 |
| (a) The term "fertilizer material" means any substance | 10 |
| containing
nitrogen, phosphorus, potash or any other | 11 |
| recognized plant nutrient
element or compound which is used | 12 |
| primarily for its plant nutrient
content or for compounding | 13 |
| mixed fertilizers except unmanipulated animal
and vegetable | 14 |
| manures. | 15 |
| (b) The term "mixed fertilizer" means any combination or | 16 |
| mixture of
fertilizer materials designed for use or claimed to |
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| have value in
promoting plant growth. | 2 |
| (c) The term "commercial fertilizer" means mixed | 3 |
| fertilizer and/or
fertilizer materials except the following | 4 |
| natural products: agricultural
limestone, marl, sea solids and | 5 |
| unprocessed animal manure, which have
not been manipulated so | 6 |
| as to alter or change them chemically and burnt
or hydrated | 7 |
| lime, and sewage sludge produced by any sanitary district
shall | 8 |
| not be subject to the provisions of this Act. Such term does | 9 |
| not
include "custom mixes" as defined herein. | 10 |
| (d) The term "anhydrous ammonia"
means the compound formed | 11 |
| by the combination of two gaseous elements, nitrogen
and | 12 |
| hydrogen, in the proportion of one part of nitrogen to three | 13 |
| parts of
hydrogen (NH 3) by volume. Anhydrous ammonia is a | 14 |
| commercial fertilizer
of ammonia gas in compressed and | 15 |
| liquified form.
It is not aqueous ammonia which is a solution | 16 |
| of ammonia
gas in water and which is considered a low pressure | 17 |
| nitrogen solution. | 18 |
| (e) The term "specialty fertilizer" means a commercial | 19 |
| fertilizer
distributed primarily for nonfarm use, such as home | 20 |
| gardens, lawns, shrubbery,
flowers, golf courses, municipal | 21 |
| parks, cemeteries, green houses and nurseries,
and may include | 22 |
| commercial fertilizer used for research or experimental | 23 |
| purposes. | 24 |
| (f) The term "bulk fertilizers" means commercial | 25 |
| fertilizer or
custom mix distributed in a non-packaged form. | 26 |
| (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 | 2 |
| specific order of the
consumer. | 3 |
| (h) The term "custom mixer" means a person who produces and | 4 |
| sells
custom mixes. | 5 |
| (i) The term "brand" means a term, design, or trade mark | 6 |
| used in
connection with one or several grades of commercial | 7 |
| fertilizers. | 8 |
| (j) The term "guaranteed analysis" means the minimum | 9 |
| percentages of
plant nutrients claimed in the following order | 10 |
| and form: | 11 |
| A. Total Nitrogen (N) ..............................%
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| Available Phosphoric Acid (P2O5) ...................%
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| Soluble Potash (K2O) ....................................% | 14 |
| B. For unacidulated mineral phosphatic materials and basic | 15 |
| slag,
both total and available phosphoric acid and the degree | 16 |
| of fineness. For
bone, tankage, and other organic phosphatic | 17 |
| materials, total phosphoric
acid. | 18 |
| C. Additional plant nutrients expressed as the elements, | 19 |
| when
permitted by regulation. | 20 |
| D. Potential basicity or acidity expressed in terms of | 21 |
| calcium
carbonate equivalent in multiples of 100 pounds per | 22 |
| ton, when required
by regulation. | 23 |
| (k) The term "grade" means the minimum percentage of total | 24 |
| nitrogen,
available phosphoric acid (P2O5) and soluble potash | 25 |
| (K2O) stated in the
order given in this definition. | 26 |
| (l) The term "official sample" means any sample of |
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| commercial
fertilizer or custom mix taken by the Director or | 2 |
| his agent and
designated as "official" by the Director. | 3 |
| (m) The term "ton" means a net weight of 2000 pounds | 4 |
| avoirdupois. | 5 |
| (n) The term "per cent" or "percentage" means the | 6 |
| percentage by
weight. | 7 |
| (o) The term "person" means any individual, partnership,
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| association, firm and corporation. | 9 |
| (p) The term "distribute" means to offer for sale, sell, | 10 |
| barter, store,
handle, transport or
otherwise supply | 11 |
| commercial fertilizers or custom mix. The term
"distributor" | 12 |
| means any person who distributes. | 13 |
| (q) Words importing the singular number may extend and be | 14 |
| applied to
several persons or things and words importing the | 15 |
| plural number may
include the singular. | 16 |
| (r) The term "registrant" means the person who registers | 17 |
| commercial
fertilizer or custom mix under the provisions of | 18 |
| this Act. | 19 |
| (s) The term "nitrogen solution" means a low pressure | 20 |
| solution containing
2 per cent or more by weight of free | 21 |
| ammonia and/or having vapor pressure
of 5 pounds or more per | 22 |
| square inch gauge at 104° F. | 23 |
| (t) The term "Department" means the Illinois Department of | 24 |
| Agriculture. | 25 |
| (u) The term "Director" means the Director of the Illinois | 26 |
| Department
of Agriculture or a duly authorized representative. |
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| (Source: P.A. 83-586.)".
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