(505 ILCS 90/1) (from Ch. 5, par. 61)
Sec. 1.
This Act may be cited as the Insect Pest and Plant Disease Act.
(Source: P.A. 86-1475.)
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(505 ILCS 90/2) (from Ch. 5, par. 62)
Sec. 2.
Words used in this Act shall be construed to import either the
plural or the singular, as the case demands. For the purposes of this Act,
the following terms shall be construed, respectively, to mean:
Compliance agreement - A written agreement between a person engaged in
growing, handling, or moving nursery stock, plants, and plant products, plant
insects, or any combination of those items and the Director, in which the
former
agrees to specified conditions, requirements, or both, in order to remain
compliant with the terms of a plant or plant-insect quarantine.
Devastating insect or plant disease - An insect or plant disease, for
which
a quarantine exists, that the Director determines could have a serious and
devastating effect on the nursery industry or environment.
Director - The Director of the Illinois Department of Agriculture or
his or her authorized representative.
Department - The Department of Agriculture of the State of Illinois.
Insect Pests - Insects, crustaceans, arachnids and vermes injurious to
plants, plant products, animals and man.
Plant Diseases - Fungi bacteria, nematodes, protozoans and
viruses injurious to
plants and plant products, and the pathological condition in plants and
plant products, caused by fungi bacteria, nematodes, protozoans and viruses.
Nursery Stock - All field-grown and native trees, Christmas trees, sod,
shrubs, herbaceous
perennials, vines, cuttings, grafts, scions, buds, fruit-pits and other
seeds of fruit and ornamental trees and shrubs; also other plants and plant
products for, or capable of, propagation, excepting field, vegetable and
flower seeds, bedding plants, and other herbaceous plants, bulbs and roots.
Plants and Plant Products - Trees, shrubs, vines, forage and cereal
plants and all other plants; cuttings, grafts, scions, buds, and all other
parts of plants; and fruit, vegetables, roots, bulbs, seeds, wood, lumber,
and all other parts of plants and plant products.
Nursery - Any grounds or premises on or in which nursery stock is
propagated and grown or from which nursery stock is collected for sale, or
any grounds or premises on or in which nursery stock is being fumigated,
treated, packed or stored.
Nurseryman - Any person who owns, leases, manages, or is in charge of a
nursery, and who propagates nursery stock.
Nursery Dealer - Any person or landscaper not a grower of nursery
stock in this State, who buys, sells, ships, or distributes
nursery stock for commercial or monetary gain in the State of Illinois.
Landscaper - Any person who is engaged in development and decorative
planting of gardens and grounds for commercial or monetary gain and who
uses nursery stock in his
landscape development.
Person - Includes a corporation, company, society, association,
partnership, governmental agency and any individual or combination of
individuals.
(Source: P.A. 91-713, eff. 6-2-00.)
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(505 ILCS 90/3) (from Ch. 5, par. 63)
Sec. 3.
The Department shall have authority to inspect any
place which might become infested or infected with insect pests or
diseases. It shall also have authority to inspect or reinspect at any time
or place any nursery stock shipped into the State. For the purpose of inspection
and carrying out the
provisions of this Act, the Director shall have free access to any field, orchard,
garden, packing ground, building, cellar, freight or express office,
warehouse, car or other vehicle, vessel, or other place where it may be
necessary or desirable for them to go, or which it may be necessary for
them to inspect, in the performance of their duties. The
nurseryman or nursery dealer shall provide assistance as may be necessary
for any inspection or examination made in accordance with this Act and
rules. It shall be
unlawful to deny such access to the Director, or to offer any resistance
to the officers and
employees of the Department, or to thwart or hinder such inspection by
misrepresenting or
concealing facts, or conditions, or otherwise.
Department personnel shall not be personally liable for damage or injury
resulting from the performance of their duties.
(Source: P.A. 85-324.)
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(505 ILCS 90/3.01) (from Ch. 5, par. 63a)
Sec. 3.01.
A nurseryman and nursery dealer shall maintain for one year
records of plant purchases, acquisitions, sales or
other distributions, and make the records available upon request to the
Director for inspection. It shall be unlawful for any person to withhold
records, keep or file false records or to inaccurately alter his or her
records or to present to the Department any materially false records.
(Source: P.A. 85-324.)
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(505 ILCS 90/3.02) (from Ch. 5, par. 63b)
Sec. 3.02.
The Director is authorized when application is made to
issue a permit for shipment into or within the State of injurious plant
pests for research or diagnostic purposes.
(Source: P.A. 85-324.)
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(505 ILCS 90/4) (from Ch. 5, par. 64)
Sec. 4.
Persons desiring to sell or give away nursery stock in this
State, in conjunction with their business as nurserymen,
shall make an initial application on forms furnished by
the Department. Any person failing to
comply with this Section is in violation of this Act.
It is unlawful for any person to make a false declaration of acreage or
cause any concealment of nursery stock from inspection by the Director.
(Source: P.A. 85-324.)
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(505 ILCS 90/4.01)
Sec. 4.01. (Repealed).
(Source: P.A. 85-324. Repealed by P.A. 100-112, eff. 8-15-17.)
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(505 ILCS 90/5) (from Ch. 5, par. 65)
Sec. 5.
The Department
shall inspect at least once each year all nurseries
in the State of Illinois as to whether they are infested with
insect pests or infected with plant diseases.
The Department has authority to collect specimens of plant material in order
to make cultures and positive identifications of plant pests.
The Department also has
authority to inspect nursery stock which is stored in cellars, heeling in
grounds or warehouses, to ascertain whether it is infested with
insect pests or plant diseases. If, upon the inspection of any nursery,
it appears that such nursery and its premises are not
infected or infested with insect pests and plant diseases, the
Department
shall issue to the nursery a certificate of
inspection.
The certificate of inspection shall be valid until
December 31 of
the following year.
This certificate must be prominently displayed in the main office of
the business.
The provisions of this Section do not apply to florists' greenhouse
plants nor to flowers or cuttings commonly known as greenhouse stock.
It is unlawful for any person to sell or offer for sale, or to remove or
ship from a nursery or other premises, any nursery stock until such stock
has been officially inspected and a certificate or permit covering it has
been granted by the Department, except that nursery stock
may be shipped to the Department without such inspection and
certification.
(Source: P.A. 85-324.)
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(505 ILCS 90/6) (from Ch. 5, par. 66)
Sec. 6.
If the Department finds that a
nursery is infested or infected with insect pests or plant diseases, or if the
Department shall
have reason to believe that a nursery, by way of its
proximity to an infested or infected premises, will
become so infested or
infected before the next annual inspection, the Department may
prescribe in writing
such conditions and precautions as to
the use of the certificate of inspection, as may in its
judgment be necessary.
The Department may withhold or suspend a certificate until such
conditions have been accepted in
writing by the owner of said nursery. The unlawful
use of a conditionally issued certificate of inspection
shall be
a violation of this Act.
(Source: P.A. 85-324.)
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(505 ILCS 90/7) (from Ch. 5, par. 67)
Sec. 7.
Every nursery dealer engaged in selling nursery stock in this State
shall,
before selling, offering for sale or delivering any stock, make annual
application to the Department for a nursery dealer's certificate. A separate
certificate shall be required for each location which must be prominently
displayed at each place of business. A nurseryman who is also acting as a
nursery dealer at the same location shall be exempt from procuring the
nursery dealer's certificate. This nursery dealers certificate shall expire
the 31st day of December each year.
An application shall be
made on forms to be furnished by the Department. A
nursery dealer is
authorized to sell under a nursery dealer's certificate only
nursery stock which
has been inspected and certified by the Department or
which is accompanied by a valid certificate of inspection of a Federal
or State inspector, stating that such stock was inspected and is apparently
free from insect pests and plant diseases. For Christmas trees originating
outside Illinois only trees from State or federal quarantine areas are required
to be accompanied by a certificate of inspection. Such nursery
dealer's certificate
may be attached to nursery stock offered for shipment or delivery in lieu
of the certificate of inspection from the nursery from which
the stock was procured. The Department may prescribe in writing such
conditions and precautions as to the use of the nursery dealer's certificate,
as may in its judgment be necessary.
(Source: P.A. 88-292.)
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(505 ILCS 90/10) (from Ch. 5, par. 70)
Sec. 10.
If it is found that any certificate issued or approved by the
Department is being used in connection with nursery stock or
other plants which have not been inspected, or which are infested with
insect pests or infected with plant diseases, or which are being sold,
delivered or distributed without treatment being given or other precautionary measures
prescribed by the Department being observed by the owner, or
with the knowledge of the owner, is being used by persons other than the
one to whom it was issued, without permission of the Department, the Director
may require the owner of such
certificate to appear before him, on a date specified, for a hearing to
show cause why his certificate should not be suspended or revoked. If, after such
hearing, the Director finds that such certificate has been
wrongfully used in one or more of the ways specified in this Act, or if
the owner of such certificate fails to appear at such hearing, he may issue
an order suspending or revoking such certificate, and the use of such
certificate, after
it has been suspended or revoked shall be unlawful, and shall subject
the owner thereof
to the penalty prescribed in this Act. The Department may withhold a certificate
of inspection from any person
applying for the same if such person fails to comply with the requirements
of the Department with reference to freeing his nursery and
premises of insect pests and plant diseases and may refuse to
certify a nursery if the same, for lack of care or from neglect, is in such
condition that it cannot be adequately inspected.
The Department may refuse to issue or may suspend the
certificate of any person who fails to file a return, or to pay the tax,
penalty or interest shown in a filed return, or to pay any final assessment
of tax, penalty or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the requirements of any
such tax Act are satisfied.
(Source: P.A. 85-324.)
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(505 ILCS 90/11) (from Ch. 5, par. 71)
Sec. 11.
It shall be unlawful for any person to bring or cause to be
brought into this State any nursery stock unless there is plainly and
legibly marked thereon or affixed thereto, or on, or to the car or other
vehicles carrying the same, or on the bundle, package, or other container
of the same in a conspicuous place, a statement showing the names and
addresses of the consignor, and the consignee, the general nature of the
contents, together with a certificate of inspection of the proper official
of the state, territory, district, or country from which it was brought or
shipped, showing that such nursery stock was found or believed to be free
from insect pests and plant diseases.
For Christmas trees originating outside Illinois only trees from State or
federal quarantine areas are required to be accompanied by a certificate of
inspection.
(Source: P.A. 88-292.)
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(505 ILCS 90/12) (from Ch. 5, par. 72)
Sec. 12.
Every nurseryman or nursery dealer who sells or
gives away nursery stock in this State
is hereby required to attach to the outside of each package, box, bale, or
carload shipped, transported or delivered by any means, a tag or poster on
which appears an exact copy of the valid certificate, except
over-the-counter retail sales, accompanied by a sales slip.
It is unlawful for
any common carrier, or driver, or owner of a truck or other vehicle to
accept for shipment, or transportation, or to transport any nursery stock
from place to place within the State unless such nursery stock has attached
thereto a valid official certificate of inspection showing that such stock
has been inspected and found apparently free from injurious insect pests
and plant diseases, a nursery dealer's certificate or a certificate showing
that
the shipment has been authorized by the Department. However,
nursery stock consigned to the Department may be offered and
accepted for shipment and shipped without such certificate.
In case any nursery stock is shipped or transported in this State or
into this State from another state, country or province without a required
valid
certificate plainly affixed as aforesaid, the fact must be promptly
reported to the Department by the person carrying the same,
together with the names of the consignor and consignee, and the nature of
the shipment, and the person carrying such stock must return it to the
consignor, hold it for instructions from the Department, or
send it to the Department, with the transportation charges
prepaid, for inspection.
Any person receiving nursery stock transported from any point within the
State, or any other state, country, or province, without a valid
certificate affixed as aforesaid, shall at once notify the Department of
the fact, and shall not plant, use or allow such nursery
stock to leave his possession until it has been inspected or released by
the Department, and the expenses incurred in making such
inspection are paid by him. Such stock may be shipped to the Department,
with all transportation charges prepaid, for inspection
without any additional expense to the owner other than transportation,
drayage and storage charges when such charges are necessarily incurred.
(Source: P.A. 88-292.)
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(505 ILCS 90/13) (from Ch. 5, par. 73)
Sec. 13.
It shall be unlawful for any nurseryman or nursery dealer
to sell, give away, carry,
ship or deliver for carriage or shipment within the State any nursery stock
unless such nursery stock has been officially inspected and a certificate
covering the same has been issued by the Department stating
that said nursery stock has been inspected and found apparently free from
insect pests and plant diseases. It shall, however, be the privilege of a
nurseryman holding a valid certificate covering nursery stock grown by him
or holding a valid nursery dealer's certificate to ship under said certificate
nursery stock grown for him elsewhere or purchased by him from other
nurseries, provided that all such nursery stock when required is received
under an
official certificate acceptable to the Department stating
that it has been inspected where grown and found to be apparently free from
insect pests and diseases.
(Source: P.A. 88-292.)
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(505 ILCS 90/14) (from Ch. 5, par. 74)
Sec. 14.
All trees, shrubs, vines, cuttings, scions, grafts, plants and
plant parts, plant products and places within this State, infested with
injurious insect pests or infected with plant diseases which are liable to
spread to other plants, plant products or places to the injury thereof, or
to the injury of man and animals, and all species and varieties of trees,
shrubs, vines and other plants not essential to the welfare of the people
of the State which may serve as favorable host plants, and promote the
prevalence and abundance of insect pests and plant diseases, or any stage
thereof, injurious to other plants essential to the welfare of the people
of this State, are hereby declared to be a nuisance.
(Source: Laws 1927, p. 9.)
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(505 ILCS 90/15) (from Ch. 5, par. 75)
Sec. 15.
If the Department shall determine that any species
or variety of tree, vine, shrub, or other plant growing within this State
is a nuisance as defined in Section 14 of this Act, and if in the judgment
of the Department such species or variety of tree, shrub,
vine or other plant should be eradicated from this State, or from any
section thereof, in order to safeguard the other plants and plant products
of the State or any section thereof, it shall give public notice thereof,
designating the species or variety of plant, the eradication of which is
proposed, the section of the State involved, and the reasons why the
eradication of such plant is necessary; such notice shall also designate a
place and a time, which time shall not be less than 30 days after the date
of such notice, for a public hearing, at which all persons in the State
interested in the proposed action of the Department may be
heard.
If, after such hearing, the Department shall determine
that such species or variety of plant should be eradicated, it shall give
public notice of the fact, naming the species or variety of plant to be
eradicated, describing the boundaries of the section of the State from
which such species or variety of plant shall be eradicated, and the dates
when such notice shall become effective.
If the Department shall have reason to suppose that any
property or place in this State is infested with any injurious insect pest
or infected with any plant disease, or has growing thereon or stored
therein any species or variety of plant which the Department
has declared to be a nuisance within the meaning of Section 14 of this Act,
it shall have power to inspect, or cause to be inspected, from time to
time, such property or place; and, if it shall find by such inspection as
above stated, that any person is maintaining a nuisance as described in
Section 14 of this Act, the Department shall give written
notice of the facts to the owner, or other person in possession or control
of the property or place where such nuisance was found; which notice shall
specify the condition constituting such nuisance and
the time within which such nuisance shall be abated; and such owner or
person in charge shall proceed to eradicate, control or prevent the
dissemination of such injurious insect pest or plant disease, or to remove,
cut, destroy, or otherwise completely eradicate the species or variety of
plant constituting the nuisance, within the time
described in such notice.
Whenever such owner or other person cannot be found, or fails, neglects
or refuses to obey the requirements of said notice, the Department may proceed
to abate such nuisance; and in so doing the
Department is authorized to treat, remove, cut or destroy
host plants, infested or infected plants and plant products, or other
things and substances used in connection therewith; and the expense
thereof, together with all costs, shall be paid by such owner or other
person in possession or control and shall be collected by the Department by
a civil action in the name of the People of the State of
Illinois against the person liable.
(Source: P.A. 85-324.)
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(505 ILCS 90/16) (from Ch. 5, par. 76)
Sec. 16. Pest and plant disease inspection. Any municipality, park board, or other board or person in control
of public grounds may apply to the Department for an
inspection of the same with reference to the presence of insect pests or
plant diseases; and upon receipt of such application, or as soon thereafter
as may be conveniently practicable, the Department shall review the application and may comply with it as deemed appropriate, and send to such applicant a statement as to the
facts disclosed, with any recommendations which the Department may deem pertinent.
(Source: P.A. 100-112, eff. 8-15-17.)
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(505 ILCS 90/17) (from Ch. 5, par. 77)
Sec. 17.
Any owner of florist's stock which he wishes to ship into another
state or country, may apply to the Department for an
inspection of the same with reference to the presence of insect pests or
diseases likely to prevent the acceptance of such plants in such state or
country, and upon receipt of such application, or as soon thereafter as may
be conveniently practicable, the Department shall comply
with such request, and it shall issue to the applicant a certificate to the
facts disclosed.
(Source: P.A. 85-324.)
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(505 ILCS 90/18) (from Ch. 5, par. 78)
Sec. 18.
Whenever the Department shall find as a fact that
any plant disease or insect infestation exists in any other state,
territory, district, province or country, or in any portion thereof, or in
any locality therein, with respect to which the Secretary of Agriculture of
the United States has not determined that a quarantine is necessary and has
not established a quarantine, and that any plant or plant product or other
thing, coming therefrom into this State is likely to convey such plant
disease or insect infestation into this State, the Department shall report
such fact to the Governor. The Governor may
thereupon by proclamation, schedule such state, territory, district,
province, or country, or any portion thereof, or any locality therein, and
prohibit the bringing therefrom into this State of such insect pest or
plant disease, or any plant or plant product or other thing of the kind
infested or infected, or likely to be infested or infected, or is likely to
convey infection to plants or plant products in this State, except under
such regulations as may be prescribed by the Department and
approved by the Governor.
Any article brought into the State in violation of any proclamation of
the Governor or any regulation of the Department, issued or
established in accordance with the provisions of this Act, or in violation
of any Federal quarantine established by the Secretary of the United States
Department of Agriculture, shall at the expense of the owner be either
destroyed, returned to the consignor, or otherwise disposed of as the
Department may direct.
(Source: P.A. 85-324.)
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(505 ILCS 90/20) (from Ch. 5, par. 80)
Sec. 20.
Whenever the Department finds that there exists in
any part of this State a dangerous insect pest or a dangerous plant
disease, which for the protection of the economy and environment of
the State, should be
prevented from spreading and be controlled or eradicated, the Department
is authorized to carry out the following restrictive and
control measures when deemed necessary and advisable and may co-operate
with other state agencies and with the United States Department of
Agriculture.
The Department is authorized to promulgate a quarantine
covering such affected area in the State, and other areas within the State
which are subsequently found to be infested or infected with the pest, and
may adopt, issue and enforce rules and regulations supplemental to the
quarantine for the control of this pest. Under such quarantine the
Department or its authorized agents may prohibit and prevent
the movement within, or through any portion of the State, of agricultural
or horticultural products or any other material or things whatsoever
capable of carrying such pest in any living stage of its development; and
in the enforcement of such quarantine may intercept, stop, and detain for
official inspection, any person, car, vessel, boat, truck, automobile, air
craft, wagon or other vehicles or carriers, whether air, land or water or
any container believed or known to be carrying such insect in any
living stage of its development or any such prohibited material, and may
seize, possess, and destroy any agricultural or horticultural product or
other material of any character whatsoever, moved, shipped, or transported
in violation of such quarantine or the rules and regulations supplemental
thereto.
The Department may, when it is deemed necessary, prohibit
the use of any farm practice or operation within the quarantined area which
favors the development of such pest and may specify and require in such
area the use of specific operations and procedures in disposing of weeds
and crop residues, in the treating and handling of seeds, growing crops, or
harvested products, machinery and any other property, or in planting and
harvesting crops, as may be necessary to effectively destroy or prevent the
development of such pest; and it is the duty of the owner or person in
charge of lands and crops and other things connected therewith within such
quarantined area, upon due notice, to refrain from such prohibited
practices and operations and to use such specific operations and procedures
as are required within the time limit specified and in the manner
designated by the Department. In case the owner or the
person in charge of such lands, crops or other materials within the
quarantined area neglects or refuses to carry out the instructions of the
Department contained in such notice within the time limit
specified, the Department or its authorized agents may take
the action so required, and the expense thereof shall be paid by such owner
or other person in charge. This expense in case of failure or refusal to
pay shall be collected by the Department by a civil action in the name
of the People of the State of Illinois against the person liable therefor.
Before such quarantine is promulgated, the Department
shall call a hearing, after due notice of the same, to be held at some
convenient place designated by the Department, at which interested persons
may be heard, either in person or by attorney, which hearing shall be held
not less than 15 days after the publication of such call. The notice of any
hearing and the promulgation of any quarantine provided for in this Act,
except as otherwise provided in Section 15 of this Act, shall be by
publication in one or more newspapers in circulation in the area affected.
After a quarantine area has been established the Director
may extend the quarantine area to include additional areas of the State
upon publication of a notice to that effect in such newspapers in the
affected area as the Director may select or by direct
written notice to those concerned without holding additional public hearings.
Any person affected by any rule, regulation or order made or served
pursuant to this Act, may have a review of the same by the Department. Application
for such review may be made to the Department in writing within 10 days
after the publication of notice of
such rule, regulation or order and such review shall be allowed and
considered by the Department at such time and place and
under such conditions as the Department may prescribe.
(Source: P.A. 85-324.)
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(505 ILCS 90/20.01) (from Ch. 5, par. 80a)
Sec. 20.01.
All final administrative decisions of the Department hereunder
shall be subject to judicial review pursuant to the
provisions of the Administrative Review Law,
and
all amendments and modifications thereof, and the rules adopted pursuant
thereto. The term "administrative decision" is defined as in Section 3-101
of the Code of Civil Procedure.
(Source: P.A. 85-324.)
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(505 ILCS 90/22) (from Ch. 5, par. 82)
Sec. 22.
Any person who shall
violate any of the provisions of this Act with reference to the sale,
shipment, transportation, receipt or delivery of nursery stock without
inspection or certificate, or with reference to treatment of nursery stock,
plants, plant products or other property; or who shall forge, counterfeit,
deface, alter, destroy or wrongfully use a certificate belonging to another
person or
fail to obtain a certificate of inspection or nursery dealer's certificate; or who shall
use a certificate after it has been suspended or revoked or has expired; or who shall
transport, receive or convey any article into the State of Illinois in
violation of any proclamation of the Governor or regulation of the
Department or any Federal quarantine, or who, having
received the same directly or indirectly shall refuse to dispose of the
same as the Department may direct; or who shall violate any
proclamation of the Governor or quarantine or rule, regulation or order of
the Department as provided for in this Act; or who shall
maintain a nuisance after receiving notice from the Department to abate
the same shall be
adjudged guilty of a business offense and shall be subject
to a fine of not less than $1,000 nor more than $10,000. The fines
collected under this Act
shall be paid to the Department and by it paid into the
Pesticide Control Fund, Director as Trustee, to be used for the
administration of this Act.
Any person who impedes, obstructs, hinders or otherwise prevents or
attempts to prevent the Director in the performance of official duties
shall be guilty of a Class B misdemeanor for the first violation and guilty
of a Class A misdemeanor for subsequent violations. Any person using
physical force against the Director in the performance of official duties
shall be guilty of a Class 4 felony.
(Source: P.A. 85-324.)
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(505 ILCS 90/22.01) (from Ch. 5, par. 82a)
Sec. 22.01.
When an administrative hearing is held, the hearing
officer shall upon determination of a violation, on a per-occurrence
basis, assess an appropriate administrative monetary penalty. The
Department shall collect the administrative monetary penalty which will be
paid to the Pesticide Control Fund to be used for the administration of
this Act for the following violations:
I. A fine of
$150 shall be imposed for each of the following violations:
A. Thwarting or hindering an inspection authorized | ||
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B. Selling, offering or exposing for sale, or | ||
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C. Failing to comply with any of the provisions of | ||
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D. Making a false declaration of acreage or causing | ||
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E. Selling, offering for sale, or distributing | ||
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II. A fine of
$300 shall be imposed for each of the following violations:
A. Failing to carry out the treatment or destruction | ||
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B. Selling, transporting, or offering for sale | ||
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C. Selling, offering or exposing for sale or | ||
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III. A fine of
$500 shall be imposed for each of the following violations:
A. Using an invalid, suspended, or revoked nursery | ||
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B. Neglecting or refusing to comply with provisions | ||
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C. Moving any regulated article into or out of a | ||
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D. Selling, installing or otherwise distributing | ||
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IV. A fine of not less than $500 but not greater than $5,000 shall be
imposed for each of the following violations related to a devastating insect or
plant disease:
A. Thwarting or hindering an inspection by | ||
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B. Selling, offering for sale, or distributing | ||
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C. Failing to carry out the treatment or destruction | ||
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D. Moving any regulated article into or out of the | ||
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E. Falsifying a compliance agreement under the | ||
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Any penalty not paid within 60 days of notice from the Department shall
be submitted to the Attorney General's office for collection. Failure to
pay a penalty shall also be grounds for suspension or revocation of
certificates and permits.
(Source: P.A. 91-713, eff. 6-2-00.)
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(505 ILCS 90/22.02) (from Ch. 5, par. 82b)
Sec. 22.02.
The Director may file a complaint and
apply for and the circuit court may grant a temporary restraining order or
preliminary or permanent injunction restraining any person from violating
or continuing to violate any of the provisions of this Act or any rules and
regulations promulgated under the Act notwithstanding the existence of
other judicial remedies. Any such injunction may be entered without notice
and without bond.
(Source: P.A. 85-324.)
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(505 ILCS 90/22.03) (from Ch. 5, par. 82c)
Sec. 22.03.
The Department is authorized to
hold administrative hearings to determine violations of the Act and
compliance with provisions of this Act. All administrative decisions are
subject to and hearings shall be conducted in accordance with the provisions of
this Act and the Illinois Administrative Procedure Act.
At the time and place fixed in the hearing notice, the Department shall
proceed to hear the matter and any charges made and both the respondent and
any complainant shall be accorded ample opportunity to present in person or
by counsel such statements, testimony, evidence and argument as may be
pertinent to the matter or charges or to any defense thereto. The
Department may continue such hearing from time to time.
The Department, over the signature of the Director, is authorized to
issue subpoenas and to bring before the Department any person or persons in
this State and to take testimony either orally or by deposition or by
exhibit with the same fees and mileage and in the same manner as prescribed
by law in judicial proceedings and civil cases in the circuit courts of
this State. The Director is authorized to issue subpoenas duces tecum on
any or all records relating to a nursery or nursery dealer's business. The
director may administer oaths to
witnesses at any hearing which the Department is authorized by law to conduct.
(Source: P.A. 85-324.)
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(505 ILCS 90/22.04) (from Ch. 5, par. 82d)
Sec. 22.04.
The Director, upon finding injurious
insects or other pests or plant diseases present in a nursery or in nursery
stock, or a not viable nursery stock as set forth in Section 29, may issue
a stop-sale order against such plants. Plants placed on stop-sale shall be
conspicuously tagged, either individually or in blocks, provided that such
infested stock is clearly separable, if possible, from noninfested stock,
and that such physical separation is effected and maintained. The
stop-sale order shall contain the following:
(1) the reason for the issuance of the stop-sale order;
(2) a description of the nursery stock placed on stop-sale;
(3) the date upon which such order became effective.
Stop-sale tags shall not be removed from nursery stock until such stock
meets the requirements of this Act and removal is authorized by written permission
of the Director or upon disposal of the infested stock in a manner
authorized by the Director. The Director may restrict or restrain the
transportation of any nursery stock which has been placed on stop-sale, or
may prescribe conditions under which such nursery stock may be transported.
It is unlawful to sell, install or otherwise distribute nursery
stock which has been placed on stop-sale.
(Source: P.A. 85-324.)
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(505 ILCS 90/23) (from Ch. 5, par. 83)
Sec. 23.
If any section or part of a section of this Act shall, for any
cause be held unconstitutional, such fact shall not affect the remainder of
this Act.
(Source: Laws 1927, p. 9.)
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(505 ILCS 90/24) (from Ch. 5, par. 84)
Sec. 24.
An Act to prevent the introduction into and the dissemination
within this State of insect pests and plant diseases injurious to the
plants and plant products of this State, filed June 29, 1917, and approved
as amended, June 28, 1919, is hereby repealed.
(Source: Laws 1927, p. 9.)
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(505 ILCS 90/28) (from Ch. 5, par. 87a)
Sec. 28.
The Director is hereby authorized and empowered to
enter into such reciprocal agreements and contracts as he may deem proper
and expedient, with the proper authorities of other states regulating the
shipment, selling and trafficking of nursery stock in the State of Illinois
by persons residing and located outside the State of Illinois, in
accordance with the provisions of this Act.
(Source: P.A. 85-324.)
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(505 ILCS 90/29) (from Ch. 5, par. 87a.01)
Sec. 29.
Any person, firm, association or corporation who maintains sales yards,
stores, garden centers or any place where nursery stock is sold, must keep
such stock stored or displayed under conditions which will maintain its
vigor and it must be prevented from becoming devitalized or weakened by
drying out or by excessive heat or cold. Only sound healthy nursery stock
stored or displayed under conditions which will maintain its vigor may be
offered for sale. Any duly authorized inspector of the Department may order
the removal from sale any nursery stock which is not
viable or is in such damaged or desiccated condition as to be incapable of
reasonable growth.
(Source: P.A. 85-324.)
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(505 ILCS 90/30) (from Ch. 5, par. 87a.02)
Sec. 30.
The Director may issue
rules and regulations and orders as may be needed to carry out this
Act. Further, the Director may establish by regulation
fees for the inspection and certification of nurseries, nursery stock
dealers, greenhouses and for other inspections, certifications and permits.
These fees will be paid into the Pesticide Control Fund to be used for
the administration of this Act. Before adopting or revising such fee
regulations, the Director must hold
a public hearing. Notice of such hearing shall be made at least 30 days
prior to such a public hearing.
(Source: P.A. 85-324.)
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(505 ILCS 90/35) Sec. 35. Importation of firewood. Within 9 months after the effective date of this amendatory Act of the 95th General Assembly, the Department of Agriculture shall promulgate rules concerning the control of firewood importation into the State with special attention to controlling the infestation of insect pests, including the emerald ash borer. The Department of Agriculture may collaborate with the Department of Natural Resources to promulgate the rules required under this Section.
(Source: P.A. 95-309, eff. 8-20-07.) |