505 ILCS 80/19

(505 ILCS 80/19) (from Ch. 5, par. 55.19)

Sec. 19. Seizures, prosecutions, and injunctions.

(a) Any  lot  of  fertilizer, custom blend, or speciality fertilizer not  in
compliance  with  the  provisions  of  this  Act  may  be subjected  to seizure  on   complaint  of  the  Director  or  his  or her authorized  agent  to the  circuit  court  of  the  county  in  which  the fertilizer  is located.  In  the  event  the  court finds  the fertilizer to  be in violation  of  this  Act  and orders  the  condemnation  of  the fertilizer, the fertilizer shall  be disposed  of  in any manner  consistent  with  the  quality  of  the fertilizer  or the  laws  of  the  State.  However,  in no   instance  shall  the  disposition  of  the fertilizer
be ordered  by   the  court  without  first  giving  the claimant  an opportunity  to  apply  to  the  court  for  release  of the fertilizer or  for  permission  to process  or  re-label  the  fertilizer to bring  it into  compliance  with  this  Act.

(a-5) If it appears after an administrative hearing, either in the presence or absence of the entity so notified,
that any of the provisions of this Act or rules and regulations issued
thereunder have been violated, or in seeking the institution of criminal charges against a violator, the Director may certify the facts to the
proper prosecuting attorney.

(b) The Department, over the signature of the Director, may apply to any court for a temporary restraining order or a preliminary or permanent injunction restraining any entity from violating or continuing to violate any provision of this Act or the rules adopted by the Department.  An injunction issued under this Section shall be granted without bond.

(b-5) In all prosecutions under this Act involving the composition of a fertilizer or custom blend, a certified copy of the official analysis signed by the Director shall be accepted as prima facie evidence of the composition.

(c) Nothing in this Act shall be construed as requiring the Director or
his or her representative to report for prosecution or for the institution of
seizure proceedings as a result of minor violations of the Act if
he or she
believes that a suitable notice of warning in writing shall serve the public interests.

(d) It shall be the duty of each State's attorney to whom any violation
is reported to cause appropriate proceedings to be instituted and
prosecuted in the circuit court without delay.

(e) (Blank).

(Source: P.A. 97-960, eff. 8-15-12.)