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| Public Act 096-0394 |
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AN ACT concerning agriculture.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Seed Law is amended by adding | ||||
Section 2.144 and changing Sections 4.2b and 5 as follows: | ||||
(505 ILCS 110/2.144 new)
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Sec. 2.144. Cool weather grasses. "Cool weather grasses" | ||||
include colonial bent grass, creeping bent grass, Kentucky | ||||
bluegrass, red fescue, tall fescue, chewings fescue, hard | ||||
fescue, annual ryegrass, intermediate ryegrass, and perennial | ||||
ryegrass.
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(505 ILCS 110/4.2b) (from Ch. 5, par. 404.2b)
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Sec. 4.2b. Labeling for seed mixtures for lawn or turf | ||||
purposes shall include:
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(1) The word "Mixed" or "Mixture" shall be stated with the | ||||
name of the mixture.
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(2) The heading "Pure Seed" and "Germination" shall be used | ||||
in the proper places.
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(3) Commonly accepted name of kind or kind and variety of | ||||
each
agricultural seed component in excess of 5% of the whole, | ||||
and the
percentage by weight of pure seed in order of its | ||||
predominance and in columnar form.
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(4) Lot number or other lot identification.
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(5) Percentage by weight of agricultural seed other than | ||
those required
to be named on the label.
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(6) Percentage by weight of inert matter.
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(7) Percentage by weight of all weed seeds.
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(8) For each agricultural seed named under (3) above:
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(a) Percentage of germination, exclusive of hard or | ||
dormant seed;
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(b) Percentage of hard or dormant seed, if present;
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(c) Calendar month and year the test was completed to | ||
determine such
percentages. Oldest test date shall be used.
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(9) Name and address of the person who labeled that seed, | ||
or who sells,
offers or exposes that seed for sale within the | ||
State.
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(10) For cool weather grasses and mixtures of cool weather | ||
grasses, a "sell by" date that is no more than 15 months, | ||
exclusive of the calendar month in which the test was | ||
completed, after the date of the applicable test required under | ||
this Act. | ||
(Source: P.A. 85-717.)
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(505 ILCS 110/5) (from Ch. 5, par. 405)
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Sec. 5. Prohibitions. 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:
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(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.
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(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
containers.
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(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.
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(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
misleading labeling.
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(5) Pertaining to which there has been false or misleading | ||
advertising.
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(6) Consisting of or containing prohibited noxious weed
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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
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noxious weed seed is found, the stop sale order shall be | ||
removed.
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(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.
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(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.
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(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.
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(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.
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(11) If the same brand designation is assigned to more
than | ||
one variety or blend of soybean, wheat, oats, or barley.
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(Source: P.A. 85-717.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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