Full Text of SB2010 97th General Assembly
SB2010eng 97TH GENERAL ASSEMBLY |
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| 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 changing Sections 2, 3, 4, 5, 6, 6a, 7, 8, 9, 10, 11, 12, 13, | 6 | | 14, 15, 16, 17, 18, 18a, 19, 20, and 21 and by adding Section | 7 | | 21.5 as follows:
| 8 | | (505 ILCS 80/2) (from Ch. 5, par. 55.2)
| 9 | | Sec. 2. Enforcing
official. The Director of the Department | 10 | | of Agriculture, hereinafter referred to as the "Director", | 11 | | shall administer this Act. This Act shall be administered by | 12 | | the Director of the Department of
Agriculture, hereinafter | 13 | | referred to as the "Director".
| 14 | | (Source: Laws 1961, p. 3085.)
| 15 | | (505 ILCS 80/3) (from Ch. 5, par. 55.3)
| 16 | | Sec. 3. Definitions of words and terms. When used in this | 17 | | Act unless the context otherwise requires:
| 18 | | "AAPFCO" means the Association of American Plant Food | 19 | | Control Officials. | 20 | | "Anhydrous ammonia" means the compound formed by the | 21 | | combination of 2 gaseous elements, nitrogen and hydrogen, in | 22 | | the proportion of one part of nitrogen to 3 parts of hydrogen |
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| 1 | | (NH3) by volume. Anhydrous ammonia is a fertilizer of ammonia | 2 | | gas in compressed and liquified form. It is not aqueous ammonia | 3 | | which is a solution of ammonia gas in water and which is | 4 | | considered a low-pressure nitrogen solution. | 5 | | "Blender" means any person or system engaged in the | 6 | | business of blending fertilizer. This includes both mobile and | 7 | | fixed equipment, excluding application equipment, used to | 8 | | achieve this function. | 9 | | "Blending" means the physical mixing or combining of: one | 10 | | or more fertilizer materials and one or more filler materials; | 11 | | 2 or more fertilizer materials; 2 or more fertilizer materials | 12 | | and filler materials, including mixing through the | 13 | | simultaneous or sequential application of any of the outlined | 14 | | combinations listed in this definition, to produce a uniform | 15 | | mixture. | 16 | | "Brand" means a term, design, or trademark used in | 17 | | connection with one or several grades of commercial | 18 | | fertilizers. | 19 | | "Bulk" means any fertilizer distributed in a non-packaged | 20 | | form. | 21 | | "Custom blend" means a fertilizer blended according to | 22 | | specifications provided to a blender in a soil test nutrient | 23 | | recommendation or to meet the specific consumer request prior | 24 | | to blending. | 25 | | (a) The term "fertilizer material" means any substance | 26 | | containing
nitrogen, phosphorus, potash or any other |
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| 1 | | recognized plant nutrient
element or compound which is used | 2 | | primarily for its plant nutrient
content or for compounding | 3 | | mixed fertilizers except unmanipulated animal
and vegetable | 4 | | manures.
| 5 | | (b) The term "mixed fertilizer" means any combination or | 6 | | mixture of
fertilizer materials designed for use or claimed to | 7 | | have value in
promoting plant growth.
| 8 | | (c) The term "commercial fertilizer" means mixed | 9 | | fertilizer and/or
fertilizer materials except the following | 10 | | natural products: agricultural
limestone, marl, sea solids and | 11 | | unprocessed animal manure, which have
not been manipulated so | 12 | | as to alter or change them chemically and burnt
or hydrated | 13 | | lime, and sewage sludge produced by any sanitary district
shall | 14 | | not be subject to the provisions of this Act. Such term does | 15 | | not
include "custom mixes" as defined herein.
| 16 | | (d) The term "anhydrous ammonia"
means the compound formed | 17 | | by the combination of two gaseous elements, nitrogen
and | 18 | | hydrogen, in the proportion of one part of nitrogen to three | 19 | | parts of
hydrogen (NH 3) by volume. Anhydrous ammonia is a | 20 | | commercial fertilizer
of ammonia gas in compressed and | 21 | | liquified form.
It is not aqueous ammonia which is a solution | 22 | | of ammonia
gas in water and which is considered a low pressure | 23 | | nitrogen solution.
| 24 | | (e) The term "specialty fertilizer" means a commercial | 25 | | fertilizer
distributed primarily for nonfarm use, such as home | 26 | | gardens, lawns, shrubbery,
flowers, golf courses, municipal |
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| 1 | | parks, cemeteries, green houses and nurseries,
and may include | 2 | | commercial fertilizer used for research or experimental | 3 | | purposes.
| 4 | | (f) The term "bulk fertilizers" means commercial | 5 | | fertilizer or
custom mix distributed in a non-packaged form.
| 6 | | (g) The term "custom mix" means a mixture of 2 or more | 7 | | commercial
fertilizers mixed at time of shipment to the | 8 | | specific order of the
consumer.
| 9 | | "Custom blender" (h) The term "custom mixer" means a person | 10 | | who produces and sells
custom blends mixes .
| 11 | | "Deficiency" means the amount of nutrient found by analysis | 12 | | less than that guaranteed that may result from a lack of | 13 | | nutrient ingredients or from lack of uniformity. | 14 | | "Department" means the Illinois Department of Agriculture. | 15 | | "Department rules or regulations" means any rule or | 16 | | regulation implemented by the Department as authorized under | 17 | | Section 14 of this Act. | 18 | | "Director" means the Director of Agriculture or a duly | 19 | | authorized representative. | 20 | | "Distribute" means to import, consign, manufacture, | 21 | | produce, store, transport, custom blend, compound, or blend | 22 | | fertilizer or to transfer from one container to another for the | 23 | | purpose of selling, giving away, bartering, or otherwise | 24 | | supplying fertilizer in this State. | 25 | | "Distributor" means any person who distributes. | 26 | | "Fertilizer" means any substance containing one or more of |
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| 1 | | the recognized plant nutrient nitrogen, phosphate, potash, or | 2 | | those defined under 8 Ill. Adm. Code 210.20 that is used for | 3 | | its plant nutrient content and that is designed for use or | 4 | | claimed to have value in promoting plant growth, except | 5 | | unmanipulated animal and vegetable manures, sea solids, marl, | 6 | | lime, limestone, wood ashes, and other products exempted by | 7 | | regulation by the Director. | 8 | | "Fertilizer material" means a fertilizer that either: | 9 | | (A) contains important quantities of no more than one | 10 | | of the primary plant nutrients: nitrogen (N), phosphate | 11 | | (P2O5), and potash (K2O); | 12 | | (B) has 85% or more of its plant nutrient content | 13 | | present in the form of a single chemical compound; or | 14 | | (C) is derived from a plant or animal residue or | 15 | | by-product or natural material deposit that has been | 16 | | processed in such a way that its content of plant nutrients | 17 | | has not been materially changed except by purification and | 18 | | concentration. | 19 | | (i) The term "brand" means a term, design, or trade mark used | 20 | | in
connection with one or several grades of commercial | 21 | | fertilizers.
| 22 | | (j) The term "guaranteed analysis" means the minimum | 23 | | percentages of
plant nutrients claimed in the following order | 24 | | and form:
| 25 | | A. Total Nitrogen (N) ...............................%
| 26 | | Available Phosphoric Acid (P2O5) ....................%
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| 1 | | Soluble Potash (K2O) ....................................%
| 2 | | B. For unacidulated mineral phosphatic materials and basic | 3 | | slag,
both total and available phosphoric acid and the degree | 4 | | of fineness. For
bone, tankage, and other organic phosphatic | 5 | | materials, total phosphoric
acid.
| 6 | | C. Additional plant nutrients expressed as the elements, | 7 | | when
permitted by regulation.
| 8 | | D. Potential basicity or acidity expressed in terms of | 9 | | calcium
carbonate equivalent in multiples of 100 pounds per | 10 | | ton, when required
by regulation.
| 11 | | "Grade" (k) The term "grade" means the minimum percentage | 12 | | of total nitrogen,
available phosphoric phosphate acid (P2O5) | 13 | | and soluble potash (K2O) stated in the whole numbers in the | 14 | | same terms, order, and percentages as in the guaranteed | 15 | | analysis, provided that specialty fertilizers may be | 16 | | guaranteed in fractional units of less than 1% of total | 17 | | nitrogen, available phosphate, and soluble potash and that | 18 | | fertilizer materials, bone meal, manures, and similar | 19 | | materials may be guaranteed in fractional units
order given in | 20 | | this definition .
| 21 | | "Guaranteed analysis" means the minimum percentages of | 22 | | plant nutrients claimed in the following order and form: | 23 | | A. Total Nitrogen (N) ...............................% | 24 | | Available Phosphate (P2O5) .......................% | 25 | | Soluble Potash (K2O) .............................% | 26 | | B. For unacidulated mineral phosphatic materials and |
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| 1 | | basic slag, both total and available phosphate and the | 2 | | degree of fineness. For bone, tankage, and other organic | 3 | | phosphatic materials, total phosphate. | 4 | | C. Guarantees for plant nutrients other than nitrogen, | 5 | | phosphate, and potash may be permitted or required by | 6 | | regulation by the Director. The guarantees for such other | 7 | | nutrients shall be expressed in the form of the element. | 8 | | "Investigational allowance" means an allowance for | 9 | | variations inherent in the taking, preparation, and analysis of | 10 | | an official sample of fertilizer. | 11 | | "Label" means the display of all written, printed, or | 12 | | graphic matter upon the immediate container or a statement | 13 | | accompanying a fertilizer. | 14 | | "Labeling" means all (i) written, printed, or graphic | 15 | | matter upon or accompanying any fertilizer or (ii) | 16 | | advertisements, Internet, brochures, posters, and television | 17 | | and radio announcements used in promoting the sale of | 18 | | fertilizer. | 19 | | "Lot" means an identifiable quantity of fertilizer that can | 20 | | be sampled according to AOAC International procedures, such as | 21 | | the amount contained in a single vehicle, the amount delivered | 22 | | under a single invoice, or in the case of bagged fertilizer, | 23 | | not more than 25 tons. | 24 | | (l) The term "official sample" means any sample of | 25 | | commercial
fertilizer or custom mix taken by the Director or | 26 | | his agent and
designated as "official" by the Director.
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| 1 | | (m) The term "ton" means a net weight of 2000 pounds | 2 | | avoirdupois.
| 3 | | (n) The term "per cent" or "percentage" means the | 4 | | percentage by
weight.
| 5 | | (o) The term "person" means any individual, partnership,
| 6 | | association, firm and corporation.
| 7 | | (p) The term "distribute" means to offer for sale, sell, | 8 | | barter, store,
handle, transport or
otherwise supply | 9 | | commercial fertilizers or custom mix. The term
"distributor" | 10 | | means any person who distributes.
| 11 | | (q) Words importing the singular number may extend and be | 12 | | applied to
several persons or things and words importing the | 13 | | plural number may
include the singular.
| 14 | | (r) The term "registrant" means the person who registers | 15 | | commercial
fertilizer or custom mix under the provisions of | 16 | | this Act.
| 17 | | (s) The term " Low-pressure nitrogen solution" means a low | 18 | | pressure solution containing
2 per cent or more by weight of | 19 | | free ammonia and/or having vapor pressure
of 5 pounds or more | 20 | | per square inch gauge at 104° F.
| 21 | | "Mixed fertilizer" means any combination or mixture of | 22 | | fertilizer materials designed for use or claimed to have value | 23 | | in promoting plant growth. | 24 | | "Official sample" means any sample of fertilizer taken by | 25 | | the Director or his agent and designated as official by the | 26 | | Director. |
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| 1 | | "Per cent" or "percentage" means the percentage by
weight. | 2 | | "Person" means any individual, partnership,
association, | 3 | | firm and corporation. | 4 | | "Registrant" means the person who registers
fertilizer and | 5 | | obtains a license under the provisions of this Act. | 6 | | "Specialty fertilizer" means a fertilizer distributed | 7 | | primarily for nonfarm use, such as home gardens, lawns, | 8 | | shrubbery, flowers, golf courses, municipal parks, cemeteries, | 9 | | green houses and nurseries, and may include fertilizer used for | 10 | | research or experimental purposes. | 11 | | "Ton" means a net weight of 2,000 pounds avoirdupois. | 12 | | "Unit" means 20 pounds or 1% of a ton of plant nutrient. | 13 | | (t) The term "Department" means the Illinois Department of | 14 | | Agriculture.
| 15 | | (u) The term "Director" means the Director of the Illinois | 16 | | Department
of Agriculture or a duly authorized representative.
| 17 | | (Source: P.A. 83-586.)
| 18 | | (505 ILCS 80/4) (from Ch. 5, par. 55.4)
| 19 | | Sec. 4. License and product registration Registration .
| 20 | | (a) Each brand and grade of commercial fertilizer shall be | 21 | | registered in the name of that person whose name appears upon | 22 | | the label
before being distributed in this State. The | 23 | | application for registration
shall be submitted with a label or | 24 | | facsimile of same to the Director on
form furnished by the | 25 | | Director, and shall be accompanied by a fee of $20 $10 per
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| 1 | | grade within a brand. Upon approval by the Director a copy of | 2 | | the
registration shall be furnished to the applicant. All | 3 | | registrations expire
on December 31 of each year.
| 4 | | The application shall include the following information:
| 5 | | (1) The net weight
| 6 | | (2) The brand and grade
| 7 | | (3) The guaranteed analysis
| 8 | | (4) The name and address of the registrant.
| 9 | | (a-5) No person whose name appears on the label shall | 10 | | distribute a fertilizer in the State unless the person has | 11 | | secured a license under this Act on forms provided by the | 12 | | Director. The license application shall be accompanied by a fee | 13 | | of $100. Persons who store anhydrous ammonia as a fertilizer, | 14 | | store bulk fertilizer, or custom blend fertilizer at more than | 15 | | one site under the same distributor's name shall identify each | 16 | | additional site with a complete address and remit a license fee | 17 | | of $50 for each additional site. Persons performing lawn care | 18 | | applications for hire are exempt from obtaining a license under | 19 | | this Act. | 20 | | (b) A distributor shall not be required to register any | 21 | | brand of
commercial fertilizer or custom mix which is already | 22 | | registered under this
Act by another person.
| 23 | | (c) The plant nutrient content of each and every commercial | 24 | | fertilizer
must remain uniform for the period of registration | 25 | | and, in no case, shall
the percentage of any guaranteed plant | 26 | | nutrient element be changed in such
a manner that the |
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| 1 | | crop-producing quality of the commercial fertilizer is
| 2 | | lowered.
| 3 | | (d) (Blank) Each custom mixer shall register annually with | 4 | | the Director on forms
furnished by the Director. The | 5 | | application for registration shall be
accompanied by a fee of | 6 | | $50, unless the custom mixer elects
to register
each mixture, | 7 | | paying a fee of $10 per mixture. Upon approval
by the
Director, | 8 | | a copy of the registration shall be furnished to the applicant.
| 9 | | All registrations expire on December 31 of each year .
| 10 | | (e) A custom blend mix as defined in Section 3 section | 11 | | 3(f) , prepared for one consumer
shall not be co-mingled with | 12 | | the custom blended mixed fertilizer prepared for
another | 13 | | consumer.
| 14 | | (f) All fees collected pursuant to this Section shall be | 15 | | paid to the Fertilizer Control Fund for activities related to | 16 | | the administration and enforcement of this Act paid into the
| 17 | | State treasury .
| 18 | | (Source: P.A. 93-32, eff. 7-1-03.)
| 19 | | (505 ILCS 80/5) (from Ch. 5, par. 55.5)
| 20 | | Sec. 5. Labeling.
| 21 | | (a) Any commercial fertilizer or custom mix distributed in | 22 | | this State in non-bulk
containers shall have placed on or | 23 | | affixed to the container a label setting
forth in clearly | 24 | | legible form the following information : required by Items (1), | 25 | | (2),
(3), and (4) of paragraph (a) of Section 4.
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| 1 | | (1) net weight; | 2 | | (2) brand and grade; provided, that the grade shall not | 3 | | be required when no primary nutrients are claimed; | 4 | | (3) guaranteed analysis; | 5 | | (4) directions for use for the fertilizer distributed | 6 | | to the consumer; and | 7 | | (5) name and address of the registrant. | 8 | | In the case of bulk shipments as a brand or grade of | 9 | | fertilizer, information required by items (1), (2), (3), and | 10 | | (5) of this subsection (a) in a written or printed form shall | 11 | | accompany delivery of each load and be supplied to the | 12 | | purchaser at the time of delivery. | 13 | | (b) (Blank). If distributed in bulk as a brand or grade of | 14 | | fertilizer, a written
or printed statement of the information | 15 | | required by items (1), (2), (3),
and (4) of paragraph (a) of | 16 | | Section 4 shall accompany delivery of each load
and be supplied | 17 | | to the purchaser at time of delivery.
| 18 | | (c) If distributed in bulk as a custom blend mixed | 19 | | fertilizer, a written or
printed statement shall accompany | 20 | | delivery of each load and be supplied to
the purchaser at time | 21 | | of delivery and must carry information as follows:
| 22 | | 1. Weight of each commercial fertilizer used in the custom | 23 | | blend mixing .
| 24 | | 2. The guaranteed analysis of each commercial fertilizer | 25 | | used in the
custom blend mixing .
| 26 | | 3. Total weight of fertilizer delivered in each load.
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| 1 | | 4. Name and address of the person selling the fertilizer.
| 2 | | (d) A custom blend mixed fertilizer shall be intimately and | 3 | | uniformly mixed.
The Director, in determining for | 4 | | administrative purposes whether a custom blend
mix is | 5 | | intimately and uniformly mixed, shall compute the analysis of | 6 | | the
load of custom blend mixed fertilizer from the information | 7 | | required by Items (1),
(2), and (3) of paragraph (c) of this | 8 | | section. | 9 | | (e) Each lot of fertilizer shall display identification in | 10 | | a manner that includes, but is not limited to, numerical, | 11 | | alphabetical, date of manufacture, or a combination that | 12 | | distinguishes it from that of other lots distributed. | 13 | | (f) Fertilizer materials not defined by AAPFCO may be used | 14 | | if the registrant furnishes an acceptable definition, AOAC | 15 | | International or other appropriate method of analysis, heavy | 16 | | metal analysis, and agronomic data when deemed necessary.
| 17 | | (Source: Laws 1963, p. 2240.)
| 18 | | (505 ILCS 80/6) (from Ch. 5, par. 55.6)
| 19 | | Sec. 6. Inspection fees.
| 20 | | (a) There shall be paid to the Director for all commercial | 21 | | fertilizers
or custom mix distributed in this State an | 22 | | inspection fee at the rate of 15˘
25˘ per ton. Sales to | 23 | | manufacturers or exchanges between registrants them are
hereby
| 24 | | exempted from the inspection fee.
| 25 | | On individual packages of commercial or custom mix or |
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| 1 | | specialty
fertilizers containing 5 pounds or less, or if in | 2 | | liquid form containers of
4,000 cubic centimeters or less, | 3 | | there shall be paid instead of the 15˘
25˘ per ton inspection | 4 | | fee, an annual inspection fee of $50 $25 for
each
grade within | 5 | | a brand sold or distributed. Where a person sells commercial
or | 6 | | custom mix or specialty fertilizers in packages of 5 pounds or | 7 | | less, or
4,000 cubic centimeters or less if in liquid form, and | 8 | | also sells in larger
packages than 5 pounds or liquid | 9 | | containers larger than 4,000 cubic
centimeters, this annual | 10 | | inspection fee of $50 $25 applies only to that portion
sold in | 11 | | packages of 5 pounds or less or 4,000 cubic centimeters or | 12 | | less,
and that portion sold in larger packages or containers | 13 | | shall be subject to
the same inspection fee of 15˘ 25˘ per ton | 14 | | as provided in this Act. The
increased fees shall be effective | 15 | | after June 30, 1989.
| 16 | | (b) Every person who distributes a commercial fertilizer or | 17 | | custom mix
in this State shall file with the Director, on forms | 18 | | furnished by the
Director, a semi-annual statement for the | 19 | | periods ending June 30 and
December 31, setting forth the | 20 | | number of net tons of each grade of
commercial fertilizers | 21 | | within a brand or the net tons of custom blend mix
distributed. | 22 | | The report shall be due on or before the 30th 15th day of the | 23 | | month
following the close of each semi-annual period and upon | 24 | | the statement
shall pay the inspection fee at the rate stated | 25 | | in paragraph (a) of this
Section.
| 26 | | One half of the 25˘ per ton inspection fee shall be paid |
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| 1 | | into the
Fertilizer Control Fund and all other fees collected | 2 | | under this
Section shall be paid into the State treasury.
| 3 | | If the tonnage report is not filed and the payment of | 4 | | inspection fee is
not made within 30 days after the end of the | 5 | | semi-annual period, a
collection fee amounting to 15% 10% | 6 | | (minimum $15 $10 ) of the amount shall be
assessed against the | 7 | | registrant. The amount of fees due shall
constitute a debt and | 8 | | become the basis of a judgment against the
registrant. Upon the | 9 | | written request to the Director additional time may be
granted | 10 | | past the normal date of filing the semi-annual statement.
| 11 | | (c) When more than one person is involved in the | 12 | | distribution of a
commercial fertilizer, the last registrant | 13 | | who distributes to the consumer or end-user non-registrant | 14 | | (dealer or consumer) is responsible for reporting the
tonnage | 15 | | and paying the inspection fee.
| 16 | | (d) All fees collected under this Section shall be paid to | 17 | | the Fertilizer Control Fund for activities related to the | 18 | | administration and enforcement of this Act. | 19 | | (Source: P.A. 93-32, eff. 7-1-03.)
| 20 | | (505 ILCS 80/6a) (from Ch. 5, par. 55.6a)
| 21 | | Sec. 6a. Nutrient Research and Education Council. The | 22 | | Director is hereby authorized to ensure that distributors remit | 23 | | a designated fertilizer tonnage assessment to the Nutrient | 24 | | Research and Education Council (NREC) for the purpose of | 25 | | pursuing nutrient research and providing educational programs |
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| 1 | | to ensure the adoption and implementation of practices that | 2 | | optimize nutrient use efficiency, ensure soil fertility, and | 3 | | address environmental concerns with regard to fertilizer use. | 4 | | The NREC may also participate in relevant demonstration and | 5 | | cost-share programs to enhance adoption and meet objectives of | 6 | | nutrient efficiency and stewardship programs supported by the | 7 | | NREC. | 8 | | The NREC shall be comprised of 9 persons, 3 representing | 9 | | the fertilizer industry, 3 persons representing grower | 10 | | organizations, to include at least one member of the State's | 11 | | largest farm organization, one person representing the | 12 | | specialty fertilizer industry, one person representing a | 13 | | certified agronomy organization, and the Director or his or her | 14 | | designee and 4 non-voting members: 2 persons representing | 15 | | environmental organizations, one person representing a State | 16 | | or federal agriculture experiment station and the Director of | 17 | | the Illinois Environmental Protection Agency or his or her | 18 | | designee. In the appointment of persons to the NREC, the | 19 | | organizations designated in this Section shall nominate, and | 20 | | the Director shall select from these nominations, | 21 | | representatives to this Council. Members of the Council shall | 22 | | receive no compensation for their services, and the terms of | 23 | | the Council members, appointment process, and conduct of the | 24 | | meetings shall be outlined in the bylaws established by this | 25 | | Council on their initial appointment by the Director and made | 26 | | available to the industry organizations. |
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| 1 | | The responsibilities of the NREC are to: | 2 | | (1) prioritize nutrient research needs and solicit | 3 | | research proposals to generate findings and make | 4 | | recommendations to the Council based on the findings; | 5 | | (2) evaluate the proposed budget for each research | 6 | | project and make recommendations as necessary; | 7 | | (3) arrange for peer review of all research proposals | 8 | | for scientific merit and methods; | 9 | | (4) report the findings of all research projects at | 10 | | industry conferences, publish the findings and implement | 11 | | educational programs to apply the research recommendations | 12 | | in agricultural production systems and in consumer use | 13 | | markets where appropriate; | 14 | | (5) engage in outreach and field level trials and | 15 | | educational programs with growers and consumers and | 16 | | publicize these events; and | 17 | | (6) where practical, cooperate with other programs | 18 | | with similar goals. | 19 | | The Council shall recommend, and the Director shall set, | 20 | | the fertilizer tonnage assessment for the purpose of funding | 21 | | the NREC at no less than 50 cents per ton and no greater than $3 | 22 | | per ton to fund, administer, publish, and implement the | 23 | | research, education, and outreach programs designated each | 24 | | year by the Council. A minimum of 20% of the funds shall be | 25 | | designated for cost-share programs and on-farm demonstration | 26 | | programs to study and address water quality issues. The Council |
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| 1 | | shall report to the Director by December 31 of each year the | 2 | | recommended amount of annual tonnage assessment to be collected | 3 | | the following year from distributors. | 4 | | Assessments collected from distributors are payable | 5 | | directly to the NREC on a semi-annual basis. This payment shall | 6 | | coincide with the reporting of the tonnage data and the | 7 | | remittance of the inspection fee to the Department. If the NREC | 8 | | assessment is not made to the Council under this Section, then | 9 | | the Director may rescind the license of the distributor. The | 10 | | Council may enter into an agreement with the Director to | 11 | | establish random audits of distributors to assure accurate | 12 | | remittance of the NREC assessment. The NREC may also enter into | 13 | | contracts with other entities approved by the Council for the | 14 | | purposes of fulfilling the objectives of the NREC. | 15 | | The NREC shall publish annually an activity and financial | 16 | | report of its activities, funds collected, and expenditures for | 17 | | nutrient programs shall be audited at least annually by a | 18 | | certified public accountant and made available within 30 days | 19 | | after its completion to the Director and each Council member | 20 | | for dissemination to their respective organizations. The | 21 | | Department is hereby authorized to establish a program
and | 22 | | expend appropriations for a fertilizer research and education | 23 | | program
dealing with the relationship of fertilizer use to soil | 24 | | management,
soil fertility, plant nutrition problems, and for | 25 | | research on
environmental concerns which may be related to | 26 | | fertilizer usage; for the
dissemination of the results of such |
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| 1 | | research; and for other designated
activities including | 2 | | educational programs to promote the correct and
effective usage | 3 | | of fertilizer materials.
| 4 | | To assist in the development and administration of the | 5 | | fertilizer
research and education program, the Director is | 6 | | authorized to establish a
Fertilizer Research and Education | 7 | | Council consisting of 9 persons. This
council shall be | 8 | | comprised of 3 persons representing the fertilizer
industry, 3 | 9 | | persons representing crop production, and 2 persons
| 10 | | representing the public at large. In the appointment of persons | 11 | | to the
council, the Director shall consult with representative | 12 | | persons and
recognized organizations in the respective fields | 13 | | concerning such
appointments. The Director or his | 14 | | representative from the Department shall act
as chairman of the | 15 | | council. The Director shall call meetings thereof from
time to | 16 | | time or when requested by 3 or more appointed members of the | 17 | | council.
| 18 | | The responsibilities of the Fertilizer Research and | 19 | | Education Council are to:
| 20 | | (a) solicit research and education projects consistent | 21 | | with the scope of
the established fertilizer research and | 22 | | education program;
| 23 | | (b) review and arrange for peer review of all research | 24 | | proposals for
scientific merit and methods, and review or | 25 | | arrange for the review of all
proposals for their merit, | 26 | | objective, methods and procedures;
|
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| 1 | | (c) evaluate the proposed budget for the projects and | 2 | | make
recommendations as necessary; and
| 3 | | (d) monitor the progress of projects and report at | 4 | | least once each 6
months on each project's accomplishments | 5 | | to the Director and Board of
Agricultural Advisors.
| 6 | | The Fertilizer Research and Education Council shall at | 7 | | least annually
recommend projects to be approved and funded | 8 | | including recommendations on
continuation or cancellation of | 9 | | authorized and ongoing projects to the Board
of Agricultural | 10 | | Advisors, which is created in Section 5-525 of the
Departments | 11 | | of State Government Law (20 ILCS 5/5-525). The Board of
| 12 | | Agricultural Advisors shall
review the proposed projects and | 13 | | recommendations of the Fertilizer Research
and Education | 14 | | Council and recommend to the Director what projects shall be
| 15 | | approved and their priority. In the case of authorized and | 16 | | ongoing
projects, the Board of Agricultural Advisors shall | 17 | | recommend to the
Director the continuation or cancellation of | 18 | | such projects.
| 19 | | When the Director, the Board of Agricultural Advisors, and | 20 | | the Fertilizer
Research and Education Council approve a project | 21 | | and subject to available
appropriations, the Director shall | 22 | | grant funds to the person originating the
proposal.
| 23 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 24 | | (505 ILCS 80/7) (from Ch. 5, par. 55.7)
| 25 | | Sec. 7.
Inspection,
sampling, analysis.
|
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| 1 | | (a) It is the duty of the Director, who may act through his | 2 | | authorized
agent, to sample, inspect, make analysis of, and | 3 | | test commercial
fertilizers and custom mixes distributed | 4 | | within this State at a time and
place and to such an extent as | 5 | | the Director he considers necessary to determine whether
such | 6 | | commercial fertilizers or custom mixes are in compliance with | 7 | | the
provisions of this Act. The Director, individually or | 8 | | through his agent, is
authorized to enter upon any public or | 9 | | private premises during regular
business hours in order to have | 10 | | access to commercial fertilizers or custom
mixes and to records | 11 | | relating to their distribution subject to the
provisions of | 12 | | this Act and the rules and regulations pertaining thereto.
| 13 | | (b) The methods of analysis and sampling shall be those | 14 | | adopted by the
official agency from sources such as those of | 15 | | the Association of Official Analytical
Agricultural Chemists.
| 16 | | (c) The Director, in determining for administrative | 17 | | purposes whether any
commercial fertilizer or custom mix is | 18 | | deficient in plant food, shall be
guided solely by the official | 19 | | sample as defined in paragraph (k) of Section
3, and obtained | 20 | | and analyzed as provided for in this Section paragraph (b) of | 21 | | Section 7 .
| 22 | | (d) The results of official analysis of any commercial | 23 | | fertilizer or
custom mix which has been found to be subject to | 24 | | penalty or other legal
action shall be forwarded by the | 25 | | Director to the registrant at least 10
days before the report | 26 | | is submitted to the purchaser. If during that period
no |
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| 1 | | adequate evidence to the contrary is made available to the | 2 | | Director, the
report shall become official. Upon request the | 3 | | Director shall furnish to
the registrant a portion of any | 4 | | sample found subject to penalty or other
legal action.
| 5 | | (Source: P.A. 77-106.)
| 6 | | (505 ILCS 80/8) (from Ch. 5, par. 55.8)
| 7 | | Sec. 8.
Plant food
deficiency.
| 8 | | If any commercial fertilizer or custom mix offered for sale | 9 | | in this
State proves, upon official analysis, to be deficient | 10 | | from its guaranteed
analysis, penalty shall be assessed against | 11 | | the manufacturer or custom blender
mixer in accordance with the | 12 | | following provisions:
| 13 | | (1) When the value for a single ingredient fertilizer | 14 | | containing nitrogen, available phosphate, or soluble potash is | 15 | | found to be deficient from the guarantee to the extent of 3% to | 16 | | 5% of the total value For a single ingredient fertilizer | 17 | | containing nitrogen or phosphate
or potash: when the value of | 18 | | this ingredient is found to be deficient from
the guarantee to | 19 | | the extent of 3% and not over 5% of the total value , the
| 20 | | registrant shall be liable for the actual deficiency in value. | 21 | | When the
deficiency exceeds 5% of the total value, the penalty | 22 | | shall be 3 times the
actual value of the shortage.
| 23 | | (2) For multiple ingredient fertilizers containing 2 or | 24 | | more of the
single ingredients: nitrogen or phosphate or | 25 | | potash, penalties shall be
assessed according to (a) or (b) as |
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| 1 | | herein stated. When a multiple
ingredient fertilizer is subject | 2 | | to a penalty under both (a) and (b) only
the larger penalty | 3 | | shall be assessed.
| 4 | | (a) When the total combined values of the nitrogen or | 5 | | available phosphate
phosphoric acid or potash is found to be | 6 | | deficient to the extent of 3% to 5% 3% and
not over 5% , the | 7 | | registrant shall be liable for the actual deficiency in
total | 8 | | value. When the deficiency exceeds 5% of the total value, the | 9 | | penalty
shall be 3 times the actual value of the shortage.
| 10 | | (b) When either the nitrogen, available phosphate | 11 | | phosphoric acid , or potash value
is found deficient from the | 12 | | guarantee to the extent of 20% up to the
maximum of 4 units (4% | 13 | | plant food), the registrant shall be liable for the
value of | 14 | | such shortages.
| 15 | | (3) Deficiencies in any other constituent or constituents | 16 | | covered under
Section 3 , paragraph (i), items B, C, and D of | 17 | | this Act which the
registrant is required to or may guarantee | 18 | | shall be evaluated by the
Director and penalties therefor shall | 19 | | be prescribed by the Director.
| 20 | | (a) Nothing contained in this Section shall prevent any | 21 | | person from
appealing to a court of competent jurisdiction for | 22 | | judgment as to the
justification of such penalties.
| 23 | | (b) All penalties assessed under this Section shall be paid | 24 | | to the
consumer of the lot of commercial fertilizer or custom | 25 | | mix purchased, and
which is represented by the sample analyzed, | 26 | | within 3 months after the date
of notice from the Director to |
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| 1 | | the registrant. Receipts shall be taken
therefor and promptly | 2 | | forwarded to the Director. If such consumers cannot
be found, | 3 | | the amount of the penalty shall be paid to the Director who | 4 | | shall
deposit the same in the General Revenue Fund in the State | 5 | | Treasury.
| 6 | | (Source: Laws 1963, p. 2240.)
| 7 | | (505 ILCS 80/9) (from Ch. 5, par. 55.9)
| 8 | | Sec. 9. Commercial value. On the basis of information | 9 | | secured from
persons holding registrant's permit to sell | 10 | | fertilizers in Illinois, the
following values will be used for | 11 | | purposes of assessing penalties as provided
by Section 8 of | 12 | | this Act:
|
|
13 | | Nitrogen |
$6.00 $3.00 per unit ( 30˘ 15˘ per pound) |
|
14 | | Total P2O5 in Rock |
|
|
15 | | Phosphate |
1.44 .72 per unit ( 7.2˘ 3.6˘ per pound) |
|
16 | | Available P2O5 |
4.00 2.00 per unit ( 20˘ 10˘ per pound) |
|
17 | | Potash |
2.00 1.00 per unit ( 10˘ 5˘ per pound). |
|
18 | | In the event that the actual retail price is substantially | 19 | | greater
than the value as calculated at the above rates, the | 20 | | penalty shall be based
on the retail price. In addition, the | 21 | | Director may require that any lot
subject to penalty be | 22 | | returned to the registrant and all costs involved in the
return | 23 | | of such goods shall be borne by the registrant. However, in the | 24 | | case of
bulk fertilizers, the person offering fertilizer for | 25 | | sale in bulk shall be
responsible for guaranteeing such |
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| 1 | | fertilizer and shall be liable for all
penalties assessed under | 2 | | the provisions of Section 8.
| 3 | | (Source: P.A. 89-626, eff. 8-9-96 .)
| 4 | | (505 ILCS 80/10) (from Ch. 5, par. 55.10)
| 5 | | Sec. 10.
Minimum
plant food content.
| 6 | | No superphosphate containing less than 18% available | 7 | | phosphate phosphoric acid nor
any mixed fertilizer or custom | 8 | | blend mix , other than a custom blend mix consisting in
part of | 9 | | unacidulated mineral phosphatic materials, in which the sum of | 10 | | the
guarantees for the nitrogen, available phosphate | 11 | | phosphoric acid , and soluble potash
totals less than 20% shall | 12 | | be distributed in this State. Specialty
fertilizers are exempt | 13 | | from minimum plant food requirements for mixed
fertilizers and | 14 | | custom blends mixes .
| 15 | | (Source: Laws 1961, p. 3085.)
| 16 | | (505 ILCS 80/11) (from Ch. 5, par. 55.11)
| 17 | | Sec. 11. Misbranding or adulteration. False or
misleading | 18 | | statements.
| 19 | | (a) It is unlawful for any person to distribute a | 20 | | fertilizer that is misbranded or adulterated within this State. | 21 | | A fertilizer shall be deemed misbranded if: | 22 | | (1) its labeling is false or misleading in any | 23 | | particular; | 24 | | (2) it is distributed under the name of another |
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| 1 | | fertilizer product; | 2 | | (3) it is not labeled as required by this Act or its | 3 | | rules; or | 4 | | (4) it purports to be or is represented as a | 5 | | fertilizer, or is represented as containing a plant | 6 | | nutrient or fertilizer, unless such plant nutrient or | 7 | | fertilizer conforms to the definition of identity, if any, | 8 | | prescribed by regulation of the Director; in adopting such | 9 | | regulations the Director shall give due regard to commonly | 10 | | accepted definitions and official fertilizer terms such as | 11 | | those issued by the Association of American Plant Food | 12 | | Control Officials. | 13 | | (b) A fertilizer shall be deemed adulterated if: | 14 | | (1) it contains any deleterious or harmful substance, | 15 | | defined under the provisions of this Act or its rules or | 16 | | regulations, in sufficient amount to render it injurious to | 17 | | beneficial plant life, animals, humans, aquatic life, | 18 | | soil, or water when applied in accordance with directions | 19 | | for use on the label; | 20 | | (2)
its composition falls below or differs from that | 21 | | which it is purported to possess by its labeling; or | 22 | | (3) it contains unwanted crop seed or weed seed. A | 23 | | commercial fertilizer or custom mix is misbranded if it | 24 | | carries any
false or misleading statement upon or attached | 25 | | to the container, or if
false or misleading statements | 26 | | concerning its agricultural value are made
on the container |
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| 1 | | or in any advertising matter accompanying or associated
| 2 | | with the commercial fertilizer or custom mix. It is | 3 | | unlawful to distribute
a misbranded commercial fertilizer | 4 | | or custom mix only after a notice of
hearing has been | 5 | | issued, served, a hearing held, and opportunity is given
| 6 | | for the defendant to appeal to a court of competent | 7 | | jurisdiction from the
decision of the hearing, if he so | 8 | | elects, within a period of 10 days after
such hearing.
| 9 | | (Source: Laws 1961, p. 3085.)
| 10 | | (505 ILCS 80/12) (from Ch. 5, par. 55.12)
| 11 | | Sec. 12. Tonnage reports; records. | 12 | | (a) Any person distributing fertilizer to a consumer or | 13 | | end-user non-registrant in this State shall provide the | 14 | | Director with a summary report on or before the 10th day of | 15 | | each month covering the shipments made during the preceding | 16 | | month of tonnage on a form, provided by the Director, for that | 17 | | purpose. If requested by the NREC, the distributor who supplies | 18 | | fertilizer to the consumer or end-user shall also provide to | 19 | | the NREC additional information relevant to general fertilizer | 20 | | use, practices or sales of products that enhance the | 21 | | stabilization, or efficiency of fertilizer.
| 22 | | Specialty fertilizer sold in packages weighing 5
pounds or | 23 | | less or in container of 4000 cubic centimeters or less, shall
| 24 | | be reported but no inspection fee will be charged. No | 25 | | information
furnished under this Section shall be disclosed by |
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| 1 | | the Department in
such a way as to divulge the operation of any | 2 | | person.
| 3 | | (b) Persons engaged in the sale of ammonium nitrate shall | 4 | | obtain the following information upon its distribution:
| 5 | | (1) the date of distribution;
| 6 | | (2) the quantity purchased;
| 7 | | (3) the license number of the purchaser's valid State | 8 | | or federal driver's license, or an equivalent number taken | 9 | | from another form of picture identification approved for | 10 | | purchaser identification by the Director; and
| 11 | | (4) the purchaser's name, current physical address, | 12 | | and telephone number.
| 13 | | Any retailer of ammonium nitrate may refuse to sell | 14 | | ammonium nitrate to any person attempting to purchase ammonium | 15 | | nitrate (i) out of season, (ii) in unusual quantities, or (iii) | 16 | | under suspect purchase patterns.
| 17 | | (c) Records created under subsection (b) of this Section | 18 | | shall be maintained for a minimum of 2 years. Such records | 19 | | shall be available for inspection, copying, and audit by the | 20 | | Department as provided under this Act.
| 21 | | (Source: P.A. 95-219, eff. 8-16-07.)
| 22 | | (505 ILCS 80/13) (from Ch. 5, par. 55.13)
| 23 | | Sec. 13. Publications.
| 24 | | The Director shall publish at least semi-annually and in | 25 | | such forms as
he may deem proper:
|
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| 1 | | (a) Information concerning the distribution of commercial | 2 | | fertilizers
and custom mixes by counties.
| 3 | | (b) Results of analysis based on official samples of | 4 | | commercial
fertilizers and custom mixes distributed within the | 5 | | state as compared with
the analysis guaranteed under Sections 4 | 6 | | and 5.
| 7 | | (Source: Laws 1961, p. 3085.)
| 8 | | (505 ILCS 80/14) (from Ch. 5, par. 55.14)
| 9 | | Sec. 14.
Rules and
regulations.
| 10 | | (a) For the enforcement of this Act, the Director is | 11 | | authorized, after due
notice and public hearing, to prescribe | 12 | | and to enforce such rules and
regulations relating to the | 13 | | distribution of fertilizers, the equipment, containers, and | 14 | | storage pertaining to anhydrous ammonia, and low-pressure | 15 | | nitrogen solutions commercial fertilizer or custom
mix as he | 16 | | may be find necessary to carry into effect the full intent and
| 17 | | meaning of this Act. | 18 | | (b) The official definitions of fertilizers and official | 19 | | fertilizer terms as adopted and published by the Association of | 20 | | American Plant Food Control Officials and any amendments or | 21 | | supplements thereto are the official definitions of | 22 | | fertilizers and official fertilizer terms, except insofar as | 23 | | specifically defined in Section 3 or amended, modified, or | 24 | | rejected by a rule adopted by the Director.
| 25 | | (Source: Laws 1961, p. 3085.)
|
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| 1 | | (505 ILCS 80/15) (from Ch. 5, par. 55.15)
| 2 | | Sec. 15.
Short
weight. If any commercial fertilizer or | 3 | | custom mix in the possession of the
consumer is found by the | 4 | | Director to be short in weight, the registrant of
such | 5 | | commercial fertilizer or custom mix shall, within 30 days after
| 6 | | official notice from the Director, pay to the consumer a | 7 | | penalty equal to 4
times the value of the actual shortage.
| 8 | | (Source: Laws 1961, p. 3085.)
| 9 | | (505 ILCS 80/16) (from Ch. 5, par. 55.16)
| 10 | | Sec. 16. Cancellation, suspension, or refusal of | 11 | | registrations and licenses. Cancellation of registrations.
| 12 | | The Director may refuse to register a fertilizer or cancel | 13 | | or suspend a fertilizer registration, custom blend, or | 14 | | fertilizer license if: | 15 | | (1) the composition of the fertilizer does not warrant | 16 | | the claims made; | 17 | | (2) the fertilizer does not comply with the provisions | 18 | | of this Act or its rules; | 19 | | (3) the labeling or other materials required for | 20 | | registration do not comply with the provisions of this Act | 21 | | or its rules; | 22 | | (4) the registrant used fraudulent or deceptive | 23 | | practices to secure registration; | 24 | | (5) it is determined that a fertilizer poses a risk of |
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| 1 | | unreasonable adverse effects to man or the environment | 2 | | under the provisions of this Act or its rules; or | 3 | | (6) the registrant does not comply with the provisions | 4 | | of this Act or its rules. | 5 | | The Director is authorized and empowered to cancel the | 6 | | registration of
any brand of commercial fertilizer or custom | 7 | | mix or to refuse to register
any brand of commercial fertilizer | 8 | | or custom mix as herein provided, upon
satisfactory evidence | 9 | | that the registrant has used fraudulent or deceptive
practices | 10 | | in the evasions or attempted evasions of the provisions of this
| 11 | | Act or any rules and regulations promulgated thereunder; | 12 | | however, no
registration shall be revoked or refused until the | 13 | | registrant has been
given the opportunity to appear for a | 14 | | hearing by the Director.
| 15 | | (Source: Laws 1961, p. 3085.)
| 16 | | (505 ILCS 80/17) (from Ch. 5, par. 55.17)
| 17 | | Sec. 17. Stop sale; use or removal order. | 18 | | (a) Whenever the Director finds that a fertilizer is being | 19 | | distributed in violation of this Act or its rules, he or she | 20 | | may issue and serve a written order to stop sale, stop use, or | 21 | | regulate removal upon an owner, operator, manager, or agent in | 22 | | charge of the fertilizer. | 23 | | (b) The Director shall provide the registrant, if different | 24 | | from the person served under subsection (a), with a copy of any | 25 | | order when corrective action appears to be the responsibility |
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| 1 | | of the registrant. | 2 | | (c) If an owner, operator, manager, or agent is not | 3 | | available for service of an order upon him or her, the Director | 4 | | shall attach the order to the fertilizer and notify the | 5 | | registrant. | 6 | | (d) The Director shall remove or vacate an order by written | 7 | | notice when the violated provisions of this Act or its rules | 8 | | have been complied with, the conditions specified have been | 9 | | met, or the violation has been otherwise disposed of by either | 10 | | administrative or judicial action and all costs and expenses | 11 | | incurred in connection with the withdrawal have been paid. | 12 | | (e) When the Director finds, under the provisions of this | 13 | | Act or its rules, that a fertilizer being distributed in this | 14 | | State is injurious to plants, animals, or man when used in | 15 | | accordance with label directions, he or she may issue an order | 16 | | to remove the fertilizer from the State and establish | 17 | | requirements to effect the expeditious removal of the | 18 | | fertilizer without adverse effects to man or the environment. | 19 | | "Stop sale"
orders.
| 20 | | The Director or his authorized agent may issue and enforce | 21 | | a written or
printed "stop sale, use, or removal" order to the | 22 | | owner or custodian of any
lot of commercial fertilizer or | 23 | | custom mix and to hold such lot at a
designated place when the | 24 | | Director finds such commercial fertilizer or
custom mix is | 25 | | being offered or exposed for sale in violation of any of the
| 26 | | provisions of this Act until the law has been complied with and |
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| 1 | | such
commercial fertilizer or custom mix is released in writing | 2 | | by the Director
or such violation has been otherwise legally | 3 | | disposed of by written
authority.
| 4 | | The Director shall release the commercial fertilizer or | 5 | | custom mix so
withdrawn when the requirements of the provisions | 6 | | of this Act have been
complied with and all costs and expenses | 7 | | incurred in connection with the
withdrawal have been paid.
| 8 | | (Source: P.A. 77-106.)
| 9 | | (505 ILCS 80/18) (from Ch. 5, par. 55.18)
| 10 | | Sec. 18.
Seizure,
condemnation and sale.
| 11 | | Any lot of commercial fertilizer or custom mix not in | 12 | | compliance with
the provisions of this Act shall be subject to | 13 | | seizure on complaint of the
Director or his authorized agent to | 14 | | the circuit court of the county in
which such commercial | 15 | | fertilizer or custom mix is located. In the event the
court | 16 | | finds such commercial fertilizer or custom mix to be in | 17 | | violation of
this Act and orders the condemnation of such | 18 | | commercial fertilizer or
custom mix , it shall be disposed of in | 19 | | any manner consistent with the
quality of the commercial | 20 | | fertilizer or custom mix and the laws of the
State. However, in | 21 | | no instance shall the disposition of such commercial
fertilizer | 22 | | or custom mix be ordered by the court without first giving the
| 23 | | claimant an opportunity to apply to the court for release of | 24 | | such
commercial fertilizer or custom mix or for permission to | 25 | | process or
re-label the commercial fertilizer or custom mix to |
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| 1 | | bring it into
compliance with this Act.
| 2 | | (Source: P.A. 77-106.)
| 3 | | (505 ILCS 80/18a) (from Ch. 5, par. 55.18a)
| 4 | | Sec. 18a. Location and operation. | 5 | | (a) Before installing commercial
fertilizer facilities for | 6 | | the distribution or storage of anhydrous ammonia
or | 7 | | low-pressure nitrogen solutions, the owner shall apply to the | 8 | | Department for approval
of the location of the facilities. | 9 | | Distribution and storage facilities
shall be in compliance with | 10 | | local zoning ordinances and the minimum distance
requirements | 11 | | for safe storage of anhydrous ammonia or low-pressure nitrogen | 12 | | solutions
as established by Department rule. Existing storage | 13 | | tanks installed prior
to the effective date of this amendatory | 14 | | Act of 1983 shall be exempt from
the requirements for location | 15 | | approval. Prior to any expansion or modification
of such | 16 | | existing storage tanks, written approval shall be obtained from
| 17 | | the Department and such tanks shall meet current requirements | 18 | | as established
by Department rule.
| 19 | | (b) Authorized Department personnel may enter upon any | 20 | | public or private
premises during reasonable business hours and | 21 | | inspect facilities, equipment
and vehicles used in the storage , | 22 | | application, and distribution of anhydrous ammonia and | 23 | | low-pressure
nitrogen solutions and observe operations as | 24 | | necessary to determine compliance
with the provisions of this | 25 | | Act and the rules promulgated hereunder. Department
personnel |
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| 1 | | may enter the premises at any time when the health, safety or
| 2 | | welfare of the public is threatened by escaping gas, spills,
| 3 | | fire, damaged or faulty equipment, accident or act of God.
| 4 | | (c) The Department shall adopt rules and regulations | 5 | | setting forth minimum
safety standards covering the design, | 6 | | construction, location, installation
and operation of | 7 | | equipment for storage, handling, use and transportation
of | 8 | | anhydrous ammonia and low-pressure low pressure nitrogen | 9 | | solutions. Such rules and
regulations shall consist of those | 10 | | reasonably necessary for the
safety of the public, including | 11 | | persons handling or using such materials,
and shall be in | 12 | | substantial conformity with the current nationally accepted
| 13 | | safety standards.
| 14 | | (d) The Director or his authorized agent may issue and | 15 | | enforce a written
stop use order to the owner or custodian of | 16 | | the facility upon a violation
of this Act or the rules and | 17 | | regulations. The Director shall terminate
the stop use order | 18 | | upon compliance with the requirements of this Act and
rules and | 19 | | regulations.
| 20 | | (e) The Department may adopt rules and regulations setting | 21 | | forth the
requirements for the containment of fertilizer | 22 | | products at commercial
facilities, which may include,
but would | 23 | | not be limited to, the design, inspection, construction, | 24 | | location,
installation, and operation for the storage and | 25 | | handling use of bulk liquid
fertilizer, bulk dry fertilizer, | 26 | | and low-pressure nitrogen solutions as may be necessary
for the |
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| 1 | | protection of ground water, the environment, and public safety.
| 2 | | The Department may establish fees for the inspection of such | 3 | | containment
facilities.
| 4 | | (f) Nothing in this Section shall apply to facilities that | 5 | | manufacture anhydrous ammonia subject to the OSHA Process | 6 | | Safety Management regulations cited under 29 CFR 1910.119. | 7 | | (Source: P.A. 85-1327.)
| 8 | | (505 ILCS 80/19) (from Ch. 5, par. 55.19)
| 9 | | Sec. 19. Violations and prosecutions. Violations. | 10 | | (a) If it appears from the examination of any commercial
| 11 | | fertilizer or
custom blend mix that any of the provisions of | 12 | | this Act or the rules and
regulations issued thereunder have | 13 | | been violated, the Director or his or her
authorized agent | 14 | | shall cause notice of the violations to be given to the
| 15 | | registrant, distributor or possessor from whom the sample was | 16 | | taken. Any
person so notified shall be given opportunity to be | 17 | | heard under such rules
and regulations as may be prescribed by | 18 | | the Director. If it appears after
such hearing, either in the | 19 | | presence or absence of the person so notified,
that any of the | 20 | | provisions of this Act or rules and regulations issued
| 21 | | thereunder have been violated, the Director may certify the | 22 | | facts to the
proper prosecuting attorney.
| 23 | | It shall be unlawful for any person to distribute, store, | 24 | | transport or
use anhydrous ammonia or low-pressure nitrogen | 25 | | solutions in violation of this Act or
the rules and regulations |
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| 1 | | promulgated thereunder or to violate a stop use
order issued by
| 2 | | the Director.
| 3 | | (b) Any person convicted of violating any provisions of | 4 | | this Act or any
of the rules or regulations issued thereunder, | 5 | | or who impedes, obstructs,
hinders or otherwise prevents or | 6 | | attempts to prevent the Director, or his or her
duly authorized | 7 | | agent, in the performance of his or her duty in connection with
| 8 | | the provisions of this Act, shall be guilty of a business | 9 | | offense punishable
by a fine not less than $1,000 plus all | 10 | | costs for each violation under Section 20 of this Act to exceed | 11 | | $1,000 . In all
prosecutions under this Act involving the | 12 | | composition of a commercial
fertilizer or custom blend mix , a | 13 | | certified copy of the official analysis signed
by the Director | 14 | | shall be accepted as prima facie evidence of the
composition.
| 15 | | (c) Nothing in this Act shall be construed as requiring the | 16 | | Director or
his or her representative to report for prosecution | 17 | | or for the institution of
seizure proceedings as a result of | 18 | | minor violations of the Act if
he or she
believes that a | 19 | | suitable notice of warning in writing will serve the public | 20 | | interests that the public interests will be served by a | 21 | | suitable notice of
warning in writing .
| 22 | | (d) It shall be the duty of each State's attorney to whom | 23 | | any violation
is reported to cause appropriate proceedings to | 24 | | be instituted and
prosecuted in the circuit court without | 25 | | delay.
| 26 | | (e) (Blank). The Director is authorized to apply for and |
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| 1 | | the court is authorized
to grant a temporary restraining order | 2 | | or a preliminary or permanent injunction
restraining any person | 3 | | from
violating or continuing to violate any of the provisions | 4 | | of this Act or any
rule or regulation promulgated under the Act | 5 | | notwithstanding the existence
of other remedies. The | 6 | | injunction shall be entered without bond.
| 7 | | (Source: P.A. 83-1362.)
| 8 | | (505 ILCS 80/20) (from Ch. 5, par. 55.20)
| 9 | | Sec. 20.
Hearing; notice; injunction. | 10 | | (a) The Department, over the signature of the Director, is | 11 | | authorized to issue subpoenas and bring before the Department | 12 | | any person or persons in this State to take testimony orally, | 13 | | by deposition, or by exhibit, in the same manner prescribed by | 14 | | law in judicial proceedings and civil cases in the circuit | 15 | | courts of this State. The Director is authorized to issue | 16 | | subpoenas duces tecum for records relating to a fertilizer | 17 | | distributor's or registrant's business. | 18 | | (b) The Department, over the signature of the Director, may | 19 | | apply to any court for a temporary restraining order or a | 20 | | preliminary or permanent injunction restraining any person | 21 | | from violating or continuing to violate any provision of this | 22 | | Act or its rules. An injunction issued under this Section shall | 23 | | be issued without bond. | 24 | | (c) When an administrative hearing is held, the hearing | 25 | | officer, upon determination of a violation of this Act, shall |
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| 1 | | levy and the Department shall collect administrative penalties | 2 | | in addition to any initial penalty levied by this Act on a per | 3 | | occurrence basis as follows: | 4 | | (1) A penalty of $1000 shall be imposed for the | 5 | | following violations: | 6 | | (A) neglect or refusal, after notice in writing, to | 7 | | comply with provisions of this Act or its rules or any | 8 | | lawful order of the Director; or | 9 | | (B) sale, transport, disposal, or distribution of | 10 | | a fertilizer that has been placed under stop-sale | 11 | | order. | 12 | | (2) A penalty of $500 shall be imposed for the | 13 | | following violations: | 14 | | (A) thwarting or hindering the Director in the | 15 | | performance of his or her duties by misrepresenting or | 16 | | concealing facts or conditions; or | 17 | | (B) distribution of a fertilizer that is | 18 | | mislabeled or adulterated. | 19 | | (3) A penalty of $200 shall be imposed for the | 20 | | following violations: | 21 | | (A) distribution of a fertilizer that does not have | 22 | | an accompanying label attached or displayed; | 23 | | (B) failure to comply with any provisions of this | 24 | | Act or its rules; or | 25 | | (C) distribution in this State of any fertilizer | 26 | | containing noxious weed seed. |
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| 1 | | When a fertilizer-soil amendment combination labeled in | 2 | | accordance with 8 Ill. Adm. Code 211.40 Subpart (b) is subject | 3 | | to penalties, the larger penalty shall be assessed. | 4 | | All penalties collected by the Department under this | 5 | | Section shall be deposited into the Fertilizer Control Fund. | 6 | | Any penalty not paid within 60 days after receiving the notice | 7 | | from the Department shall be submitted to the Attorney | 8 | | General's office for collection. Exchanges
between | 9 | | manufacturers.
| 10 | | Nothing in this Act shall be construed to restrict or avoid | 11 | | sales or
exchanges of commercial fertilizers to each other by | 12 | | importers,
manufacturers or manipulators who mix fertilizer | 13 | | materials for sale or as
preventing the free and unrestricted | 14 | | shipments of commercial fertilizer to
manufacturers or | 15 | | manipulators who have registered their brands as required
by | 16 | | the provisions of this Act.
| 17 | | (Source: Laws 1961, p. 3085.)
| 18 | | (505 ILCS 80/21) (from Ch. 5, par. 55.21)
| 19 | | Sec. 21. Exchanges between manufacturers | 20 | | Constitutionality . Nothing in this Act shall be construed to | 21 | | restrict or avoid sales or
exchanges of fertilizers to each | 22 | | other by importers,
manufacturers, or blenders who mix | 23 | | fertilizer materials for sale or as
preventing the free and | 24 | | unrestricted shipments of fertilizer to
manufacturers or | 25 | | manipulators who have registered their brands as required
by |
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| 1 | | the provisions of this Act.
| 2 | | If any clause, sentence, paragraph or part of this Act | 3 | | shall for any
reason be adjudged invalid by any court of | 4 | | competent jurisdiction, such
judgment shall not affect, impair | 5 | | or invalidate the remainder thereof but
shall be confined in | 6 | | its operation to the clause, sentence, paragraph or
part | 7 | | thereof directly involved in the controversy in which such | 8 | | judgment
shall have been rendered.
| 9 | | (Source: Laws 1961, p. 3085.)
| 10 | | (505 ILCS 80/21.5 new) | 11 | | Sec. 21.5. Constitutionality. If any clause, sentence, | 12 | | paragraph, or part of this Act shall for any reason be adjudged | 13 | | invalid by any court of competent jurisdiction, the judgment | 14 | | shall not affect, impair, or invalidate the remainder thereof | 15 | | but shall be confined in its operation to the clause, sentence, | 16 | | paragraph, or part thereof directly involved in the controversy | 17 | | in which the judgment shall have been rendered. | 18 | | (505 ILCS 80/6b rep.) | 19 | | Section 10. The Illinois Fertilizer Act of 1961 is amended | 20 | | by repealing Section 6b.
| 21 | | Section 99. Effective date. This Act takes effect January | 22 | | 1, 2012.
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