Full Text of SB1927 95th General Assembly
SB1927eng 95TH GENERAL ASSEMBLY
|
|
|
SB1927 Engrossed |
|
LRB095 14694 CMK 40612 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 Seed Law is amended by adding | 5 |
| Section 2.144 and changing Sections 4.2b and 5 as follows: | 6 |
| (505 ILCS 110/2.144 new)
| 7 |
| Sec. 2.144. Cool weather grasses. "Cool weather grasses" | 8 |
| include colonial bentgrass, creeping bentgrass, Kentucky | 9 |
| bluegrass, red fescue, tall fescue, chewings fescue, hard | 10 |
| fescue, annual ryegrass, intermediate ryegrass, and perennial | 11 |
| ryegrass.
| 12 |
| (505 ILCS 110/4.2b) (from Ch. 5, par. 404.2b)
| 13 |
| Sec. 4.2b. Labeling for seed mixtures for lawn or turf | 14 |
| purposes shall include:
| 15 |
| (1) The word "Mixed" or "Mixture" shall be stated with the | 16 |
| name of the mixture.
| 17 |
| (2) The heading "Pure Seed" and "Germination" shall be used | 18 |
| in the proper places.
| 19 |
| (3) Commonly accepted name of kind or kind and variety of | 20 |
| each
agricultural seed component in excess of 5% of the whole, | 21 |
| and the
percentage by weight of pure seed in order of its | 22 |
| predominance and in columnar form.
|
|
|
|
SB1927 Engrossed |
- 2 - |
LRB095 14694 CMK 40612 b |
|
| 1 |
| (4) Lot number or other lot identification.
| 2 |
| (5) Percentage by weight of agricultural seed other than | 3 |
| those required
to be named on the label.
| 4 |
| (6) Percentage by weight of inert matter.
| 5 |
| (7) Percentage by weight of all weed seeds.
| 6 |
| (8) For each agricultural seed named under (3) above:
| 7 |
| (a) Percentage of germination, exclusive of hard or | 8 |
| dormant seed;
| 9 |
| (b) Percentage of hard or dormant seed, if present;
| 10 |
| (c) Calendar month and year the test was completed to | 11 |
| determine such
percentages. Oldest test date shall be used.
| 12 |
| (9) Name and address of the person who labeled that seed, | 13 |
| or who sells,
offers or exposes that seed for sale within the | 14 |
| State.
| 15 |
| (10) For cool weather grasses and mixtures of cool weather | 16 |
| grasses, a "sell by" date that is no more than 15 months, | 17 |
| exclusive of the calendar month in which the test was | 18 |
| completed, after the date of the applicable test required under | 19 |
| this Act. | 20 |
| (Source: P.A. 85-717.)
| 21 |
| (505 ILCS 110/5) (from Ch. 5, par. 405)
| 22 |
| Sec. 5. Prohibitions. It is unlawful for any person to | 23 |
| sell, offer for sale, expose for sale
or transport for sale any | 24 |
| agricultural, vegetable or other seeds designated
by the | 25 |
| Department of Agriculture within this State:
|
|
|
|
SB1927 Engrossed |
- 3 - |
LRB095 14694 CMK 40612 b |
|
| 1 |
| (1) Without an annual permit from the Department of | 2 |
| Agriculture of the
State of Illinois to engage in such | 3 |
| business. All permits shall expire
annually as set by | 4 |
| regulation.
| 5 |
| (2) Unless the test to determine the percentage of | 6 |
| germination required
by Sections 4.2 through 4.5 shall have | 7 |
| been completed
within a 12-month period
(or 15-month period for | 8 |
| cool weather grasses) exclusive of the calendar month in which | 9 |
| the test was completed,
immediately prior to sale, exposure for | 10 |
| sale, or offering for sale or
transportation unless the seed is | 11 |
| in hermetically sealed packages or
containers.
| 12 |
| (3) Within a 36 month period, exclusive of the calendar | 13 |
| month in which
the test was completed, immediately prior to | 14 |
| sale, exposure for sale, or
offering for sale or | 15 |
| transportation, if the seed is in hermetically sealed
packages | 16 |
| or containers.
| 17 |
| (4) If such agricultural, vegetable or other seeds | 18 |
| designated by the
Department are not labeled in accordance with | 19 |
| this Act or having a false or
misleading labeling.
| 20 |
| (5) Pertaining to which there has been false or misleading | 21 |
| advertising.
| 22 |
| (6) Consisting of or containing prohibited noxious weed
| 23 |
| seeds. If prohibited noxious
weed seed is found in a sample of | 24 |
| seed, a stop sale order shall be issued.
Within 10 days | 25 |
| following the issuance of the stop sale order, the
Department | 26 |
| shall take another sample of the seed, and if no prohibited
|
|
|
|
SB1927 Engrossed |
- 4 - |
LRB095 14694 CMK 40612 b |
|
| 1 |
| noxious weed seed is found, the stop sale order shall be | 2 |
| removed.
| 3 |
| (7) Consisting of or containing restricted noxious weed | 4 |
| seeds per pound
in excess of the number prescribed by rules and | 5 |
| regulations
promulgated under this Act, or in excess of the | 6 |
| number declared on the
label attached to the container of the | 7 |
| seed or associated with the seed.
| 8 |
| (8) Containing more than 1.5% by weight of all weed seeds | 9 |
| in
chaffy seeds and native grasses or 1% by weight of weed seed | 10 |
| in all other
agricultural seed. Chaffy grasses shall be those | 11 |
| that are recognized by
the Association of Official Seed | 12 |
| Analysts and native grasses shall be
designated by regulation.
| 13 |
| (9) If any labeling, advertising, or other representations | 14 |
| subject to
this Act represents the seed to be certified or | 15 |
| registered seed unless (a)
it has been determined by a seed | 16 |
| certifying agency that such seed was
produced, processed, and | 17 |
| packaged, and conforms to standards of purity as
to kind or | 18 |
| variety, in compliance with rules and regulations of such | 19 |
| agency
pertaining to such seed; and (b) the seed bears an | 20 |
| official label issued
for such seed by a seed certifying agency | 21 |
| stating that the seed is
certified or registered.
| 22 |
| (10) Labeled with a brand, trademark or term taken from a | 23 |
| brand or
trademark unless such is clearly identified with the | 24 |
| word brand and as
being other than part of the variety name.
| 25 |
| (11) If the same brand designation is assigned to more
than | 26 |
| one variety or blend of soybean, wheat, oats, or barley.
|
|
|
|
SB1927 Engrossed |
- 5 - |
LRB095 14694 CMK 40612 b |
|
| 1 |
| (Source: P.A. 85-717.)
| 2 |
| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
|
|