Illinois Compiled Statutes
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505 ILCS 110/5
(505 ILCS 110/5)
(from Ch. 5, par. 405)
It is unlawful for any person to sell, offer for sale, expose for sale
or transport for sale any agricultural, vegetable or other seeds designated
by the Department of Agriculture within this State:
(1) Without an annual permit from the Department of Agriculture of the
State of Illinois to engage in such business. All permits shall expire
annually as set by regulation.
(2) Unless the test to determine the percentage of germination required
by Sections 4.2 through 4.5 shall have been completed
within a 12-month period
(or 15-month period for cool weather grasses) exclusive of the calendar month in which the test was completed,
immediately prior to sale, exposure for sale, or offering for sale or
transportation unless the seed is in hermetically sealed packages or
(3) Within a 36 month period, exclusive of the calendar month in which
the test was completed, immediately prior to sale, exposure for sale, or
offering for sale or transportation, if the seed is in hermetically sealed
packages or containers.
(4) If such agricultural, vegetable or other seeds designated by the
Department are not labeled in accordance with this Act or having a false or
(5) Pertaining to which there has been false or misleading advertising.
(6) Consisting of or containing prohibited noxious weed
seeds. If prohibited noxious
weed seed is found in a sample of seed, a stop sale order shall be issued.
Within 10 days following the issuance of the stop sale order, the
Department shall take another sample of the seed, and if no prohibited
noxious weed seed is found, the stop sale order shall be removed.
(7) Consisting of or containing restricted noxious weed seeds per pound
in excess of the number prescribed by rules and regulations
promulgated under this Act, or in excess of the number declared on the
label attached to the container of the seed or associated with the seed.
(8) Containing more than 1.5% by weight of all weed seeds in
chaffy seeds and native grasses or 1% by weight of weed seed in all other
agricultural seed. Chaffy grasses shall be those that are recognized by
the Association of Official Seed Analysts and native grasses shall be
designated by regulation.
(9) If any labeling, advertising, or other representations subject to
this Act represents the seed to be certified or registered seed unless (a)
it has been determined by a seed certifying agency that such seed was
produced, processed, and packaged, and conforms to standards of purity as
to kind or variety, in compliance with rules and regulations of such agency
pertaining to such seed; and (b) the seed bears an official label issued
for such seed by a seed certifying agency stating that the seed is
certified or registered.
(10) Labeled with a brand, trademark or term taken from a brand or
trademark unless such is clearly identified with the word brand and as
being other than part of the variety name.
(11) If the same brand designation is assigned to more
than one variety or blend of soybean, wheat, oats, or barley.
(Source: P.A. 96-394, eff. 8-13-09.)