(505 ILCS 110/1) (from Ch. 5, par. 401)
Sec. 1.
This Act may be cited as the Illinois Seed Law.
(Source: P.A. 86-1475.)
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(505 ILCS 110/2) (from Ch. 5, par. 402)
Sec. 2.
Definitions.
As used in this Act, unless the context otherwise requires, the terms
specified in Sections 2.101 through 2.144 have the
meaning ascribed to them in
those Sections.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.101) (from Ch. 5, par. 402.101)
Sec. 2.101.
"Advertisement" means all representations, other than on the label,
disseminated in any manner, or by any means relating to seed within the
scope of this Act.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.102) (from Ch. 5, par. 402.102)
Sec. 2.102.
"Agricultural seeds" include the seeds of grass, forage,
oil, cereal, and fiber crops and other kinds of seeds commonly recognized
within this State as agricultural seeds, lawn seeds and mixtures of such seeds, or as
determined by regulations adopted by the Department. The term "agricultural
seed" may include noxious weed seeds when the Director of Agriculture
determines that such seed is being used as agricultural seed.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.103) (from Ch. 5, par. 402.103)
Sec. 2.103.
"Association of Official Seed Analysts (AOSA)" means the
organization composed of government seed analysts designated to develop
standards for analysis that furnish information relating to the composition
of seed samples and the ability of the seed to produce plants.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.104) (from Ch. 5, par. 402.104)
Sec. 2.104.
"Association of Official Seed Certifying Agencies (AOSCA)"
means the organization whose members are agencies responsible for seed
certification and for establishing minimum standards for genetic purity and identity.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.105) (from Ch. 5, par. 402.105)
Sec. 2.105.
"Brand" means a word, name, symbol, number or design used
to identify seed of one person or distinguish it from seed of another person.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.106) (from Ch. 5, par. 402.106)
Sec. 2.106.
"Certifying agency" means (a) an agency authorized under the
laws of a
State, Territory or Possession of the United States to officially certify
seed, or (b) an agency of a foreign country determined by the U. S.
Secretary of Agriculture to adhere to procedures and standards for seed
certification comparable to those adhered to generally by seed certifying
agencies.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.107) (from Ch. 5, par. 402.107)
Sec. 2.107.
"Certified Seed" means one of four classes of seed:
(1)
breeder, (2) foundation, (3) registered and (4) certified, as determined
under procedures established by the Association of Official Seed Certifying
Agencies and referenced in its official Certification Handbook.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.108) (from Ch. 5, par. 402.108)
Sec. 2.108.
"Conditioning" means drying, cleaning, scarifying or blending
to obtain uniform quality, and other operations which would change the
purity or germination of the seed and therefore require retesting to
determine the quality of the seed, but does not include operations such as
packaging, labeling, blending together of uniform lots of the same kind of
variety without cleaning, or the preparation of a mixture without cleaning,
and of which would not require retesting to determine the quality of the seed.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.109) (from Ch. 5, par. 402.109)
Sec. 2.109.
"Dealer" means any person who distributes.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.110) (from Ch. 5, par. 402.110)
Sec. 2.110.
"Department" means the Department of Agriculture of the State of
Illinois or its duly authorized representative.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.111) (from Ch. 5, par. 402.111)
Sec. 2.111.
"Director" means the Director of the Department of Agriculture, of the
State of Illinois or his duly authorized representative.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.112) (from Ch. 5, par. 402.112)
Sec. 2.112.
"Distribute" means to import, consign, offer for sale, hold for sale,
barter, or otherwise supply seed in this State.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.113) (from Ch. 5, par. 402.113)
Sec. 2.113.
"False and mislabeling advertisement" means all representation
other than those on the label disseminated in any manner or by any means
relating to the seed which would be misleading to the consumers as
determined within the scope of this Act.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.114) (from Ch. 5, par. 402.114)
Sec. 2.114.
"Handling seed" includes transportation, warehousing,
cleaning, merchandising, labeling, and any other operation connected with the seed
business but does not include transportation, warehousing and
cleaning by a bailee for hire.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.115) (from Ch. 5, par. 402.115)
Sec. 2.115.
"Hybrid" means the first generation seed of a cross produced by
controlling the combination between (a) 2 or more inbred lines;
(b) one inbred or a single cross with an open pollinated variety; or (c) 2
selected clones, seed lines, varieties or species, except open-pollinated
varieties of corn (Zea mays).
The second generation or subsequent generations from such crosses shall not
be regarded as hybrids. Hybrid designations shall be treated as variety
names.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.116) (from Ch. 5, par. 402.116)
Sec. 2.116.
"Inoculant" means a commercial preparation containing nitrogen fixing
bacteria applied to the seed.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.117) (from Ch. 5, par. 402.117)
Sec. 2.117.
"Kind" means one or more related species or
subspecies which singly or collectively is known by one common name, for
example, corn, oats, alfalfa and timothy.
(Source: P.A. 85-717; 86-1475.)
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(505 ILCS 110/2.118) (from Ch. 5, par. 402.118)
Sec. 2.118.
"Label" means the display or displays of written printed or
graphic matter upon or attached to the container of seed or shipping documents.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.119) (from Ch. 5, par. 402.119)
Sec. 2.119.
"Labeling" includes labels, and all other written, printed, or graphic
representations, in any form whatsoever, accompanying or pertaining to any
seed whether in bulk or in containers, and includes representations on
invoices.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.120) (from Ch. 5, par. 402.120)
Sec. 2.120.
"Lot" means a definite quantity of seed identified by a lot number or
other mark, every portion or bag of which is uniform within recognized
tolerances for the factors which appear in the labeling.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.121) (from Ch. 5, par. 402.121)
Sec. 2.121.
"Mixture or blend" means seed consisting of more than one kind
or variety each present in excess of 5% of the whole.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.121-5) Sec. 2.121-5. Non-commercial seed sharing. "Non-commercial seed sharing" means seed sharing for which no monetary consideration or compensation is transferred in return for receiving seeds. "Non-commercial seed sharing" does not include seed sharing in which the person participating in the seed sharing expects or creates the expectation that seeds must be returned in exchange for receiving seeds or when the distribution of seed is given as compensation for work or services rendered.
(Source: P.A. 99-827, eff. 8-16-16.) |
(505 ILCS 110/2.122) (from Ch. 5, par. 402.122)
Sec. 2.122.
"Official sample" means any sample of seed taken and designated as
official by the Department.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.123) (from Ch. 5, par. 402.123)
Sec. 2.123.
"Operator of a public auction sale or similar type consignment sale" is
one who owns or directs the operation of a livestock auction market or
public auction sale conducted regularly on the same premises. A public
auction sale or livestock auction market location or establishment includes
parking lots, entrances, and other areas used in conjunction with the
auction sale.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.124) (from Ch. 5, par. 402.124)
Sec. 2.124.
"Origin" means the State, District of Columbia, Puerto Rico, or
possession of the United States or foreign country, or designated portion
thereof, where the seed was grown.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.125) (from Ch. 5, par. 402.125)
Sec. 2.125.
"Packet" means a retail or wholesale commodity of
vegetable seed packaged in any manner in advance of sale, not to exceed a
labeled net weight of 3 ounces.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.126) (from Ch. 5, par. 402.126)
Sec. 2.126.
"Person" includes any individual, partnership, corporation, company,
society, or association.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.127) (from Ch. 5, par. 402.127)
Sec. 2.127.
"Prohibited (primary) noxious weed seeds" are the seeds of weeds which
when established are highly destructive, competitive or difficult to
control by cultural or chemical practices.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.128) (from Ch. 5, par. 402.128)
Sec. 2.128.
"Record" includes all information relating to each lot of seed including
propagation, condition and merchandising.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.129) (from Ch. 5, par. 402.129)
Sec. 2.129.
"Restricted (secondary) noxious weed seeds" are the seeds of weeds which
are objectionable in fields, lawns and gardens of this State, but which can
be controlled by cultural or chemical practices.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.130) (from Ch. 5, par. 402.130)
Sec. 2.130.
"Retail seed dealer" is one who sells agricultural,
vegetable or lawn seed to consumers.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.131) (from Ch. 5, par. 402.131)
Sec. 2.131.
"Screenings" means chaff, florets, immature seed, weed seeds, inert
matter and other foreign material removed in any way from any seed or
grains in any kind of cleaning or conditioning, or obtained from weedy fields
or from any other source, which contains less than 50% agricultural seeds
or grains.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.132) (from Ch. 5, par. 402.132)
Sec. 2.132.
"Seed broker" is one who for a commission or other compensation is
engaged in selling or negotiating the sale of agricultural, vegetable
or lawn seed belonging to others for resale.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.132-5) Sec. 2.132-5. Seed library. "Seed library" means a nonprofit, governmental, or cooperative organization, association, or activity for the purpose of facilitating the donation, exchange, preservation, and dissemination of seeds of open pollinated, public domain plant varieties by or among its members or members of the public when the use, exchange, transfer, or possession of seeds acquired by or from the seed library is free of charge or consideration.
(Source: P.A. 99-827, eff. 8-16-16.) |
(505 ILCS 110/2.133) (from Ch. 5, par. 402.133)
Sec. 2.133.
"Seed merchants" are those engaged in both wholesale and retail
operations. Seed merchants shall secure both a wholesale and a retail
permit.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.133-5) Sec. 2.133-5. Seed swap event. "Seed swap event" means an organized and publicly promoted event at which non-commercial seed sharing takes place.
(Source: P.A. 99-827, eff. 8-16-16.) |
(505 ILCS 110/2.134) (from Ch. 5, par. 402.134)
Sec. 2.134.
"Seeds" mean agricultural or vegetable seeds or other seeds as
determined by regulations adopted by the Department. A mature ovule,
consisting of an embryonic plant together with a store of food, all
surrounded by a protective coat.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.135) (from Ch. 5, par. 402.135)
Sec. 2.135.
"Seizure" means a legal process carried out by court order against a
definite amount of seed.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.136) (from Ch. 5, par. 402.136)
Sec. 2.136.
"Sell" when applied to agricultural seed, vegetable seed, lawn seed, or
screenings, includes the act of transferring ownership, offering or
exposing for sale, exchange, distribution, giving away, or transportation
in this State, storing, carrying or handling in aid of traffic therein,
whether done in person or through an agent, employee, or others, and
receiving, accepting, or holding on consignment for sale.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.137) (from Ch. 5, par. 402.137)
Sec. 2.137.
"Stop Sale, Use or Removal Order" means an administrative order
provided by law, restraining the sale, use, disposition, and movement of a
definite amount of seed.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.138) (from Ch. 5, par. 402.138)
Sec. 2.138.
"Treated" means that the seed has received an application
of a substance, or that it has been subjected to a process to reduce,
control, or repel disease organisms, insects or other pests which attack
seed or seedlings and for which a claim is made.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.139) (from Ch. 5, par. 402.139)
Sec. 2.139.
"Type" means a group of varieties so nearly similar that
the individual varieties cannot be clearly differentiated except under
special conditions.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.140) (from Ch. 5, par. 402.140)
Sec. 2.140.
"Variety" means subdivision of a kind which is distinct,
uniform and stable; "distinct" in the sense that the variety can be
differentiated by one or more identifiable morphological, physiological or
other characteristics from all other varieties; "uniform" in the sense that
variations in essential and distinctive characteristics are describable,
and "stable" in the sense that the variety will remain unchanged in its
essential and distinctive characteristics and its uniformity when
reproduced or reconstituted as required by the different categories
of varieties.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.141) (from Ch. 5, par. 402.141)
Sec. 2.141.
"Vegetable seeds" includes the seeds of those crops which are
grown in gardens and on truck farms and are generally known and sold under
the name of vegetable seeds in this State.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.142) (from Ch. 5, par. 402.142)
Sec. 2.142.
"Weed seeds" includes the seeds of all plants generally
recognized as weeds within this State, and includes the seeds of restricted
noxious weeds as determined by regulations adopted by the Department.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.143) (from Ch. 5, par. 402.143)
Sec. 2.143.
"Wholesale seed dealers" are those selling agricultural,
vegetable or lawn seed for resale.
(Source: P.A. 85-717.)
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(505 ILCS 110/2.144)
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.
(Source: P.A. 96-394, eff. 8-13-09.) |
(505 ILCS 110/3) (from Ch. 5, par. 403)
Sec. 3.
Department to
administer Act - Rules and regulations - Guidance of Federal Seed Act.
The Department shall promulgate rules and regulations governing the
method of labeling, sampling, inspecting, analyzing, testing, and examining of
agricultural, vegetable, and other seeds, establish tolerances for purity
and germination and other factors, set and collect reasonable charges for
tests, sampling, and annual permit fees and adopt, after a public hearing, such
reasonable rules and regulations necessary to secure effective enforcement
of the Act, including the promulgation of definitions of terms relating to
the enforcement of this Act.
All fees collected under the provisions of this Act shall be paid to the
General Revenue Fund, State Treasury.
When seed labeling, terms, methods of sampling and analysis, and
tolerances are not specifically stated in this Act or otherwise designated
by the Department, the Department shall, in order to promote uniformity, be
guided by officially recognized associations, or regulations under The
Federal Seed Act.
(Source: P.A. 85-717.)
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(505 ILCS 110/4) (from Ch. 5, par. 404)
Sec. 4.
Label
requirements.
Each container of agricultural, vegetable or other seeds designated by
the Department of Agriculture which is sold, offered for sale, or exposed
for sale, or transported within this State for sowing purposes shall bear
thereon or have attached thereto in a conspicuous place a plainly written
or printed label or tag in the English language, giving information, set
out in Sections 4.1 through 4.5, which statement shall not be modified or
denied in the labeling or on another label attached to the container.
Seed labeling and testing terms in common usage shall be defined as in
the "Rules for Testing Seeds", published by the Association of Official
Seed Analysts, effective July 1, 1955, and as subsequently amended.
(Source: P.A. 85-717.)
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(505 ILCS 110/4.1) (from Ch. 5, par. 404.1)
Sec. 4.1.
All seeds named and treated as defined in this Act (for which a separate
label may be used) must be labeled with:
(1) A word or statement indicating that the seed has | ||
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(2) The commonly accepted, coined, chemical or | ||
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(3) If the substance in the amount present with the | ||
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(4) If the seed is treated with an inoculant, the | ||
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(5) Require symbol statement and the appropriate | ||
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(6) All treated seeds are required to be stained so | ||
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(Source: P.A. 99-78, eff. 7-20-15.)
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(505 ILCS 110/4.2) (from Ch. 5, par. 404.2)
Sec. 4.2.
All agricultural seeds must be labeled with:
(1) The name of the kind or kinds and variety for each agricultural
seed component present in excess of 5% of the whole and the percentage
by weight of each except as provided by regulation: provided, that if
the variety of those kinds generally labeled as to variety as designated
in the regulations is not stated, the label shall show the name of the
kind and the words, "Variety Not Stated". Hybrids shall be labeled as
hybrids.
(2) Lot number or other lot identification.
(3) Origin (State or foreign country), if known, of alfalfa, red
clover and field corn (except hybrid corn). If the origin is unknown,
the fact shall be stated.
(4) Percentage by weight of all weed seeds except as provided by
regulation.
(5) The name and approximate number of each kind of restricted
noxious weed seed, per pound in groups (a), (b),
(c) and (d), when present singly or collectively in excess of
(a) Eighty seeds or bulblets per pound of Agrostis spp.,
Poa spp., Rhodesgrass, Bermudagrass, timothy, orchardgrass, fine
textured fescues, alsike and white clover, reed canarygrass,
dallisgrass, and other agricultural seeds of similar size and weight, or
mixtures within this group;
(b) Thirty-two seeds or bulblets per pound of ryegrass,
meadow and tall fescues, foxtail millet, crownvetch, alfalfa, red
clover, sweetclovers, lespedezas, smooth bromegrass, crimson clover,
flax, Agropyron spp., and other agricultural seeds of similar size and
weight, or mixtures within this group, or of this group with (a);
(c) Sixteen seeds or bulblets per
pound of proso, Sudangrass
and other agricultural seeds of similar size and weight, or mixtures not
specified in (a), (b), or (d);
(d) Four seeds or bulblets per pound of wheat, oats,
rye, barley, buckwheat, sorghums (except Sudangrass), vetches and other
agricultural seeds of a size and weight similar to or greater than those
within this group, or any mixtures within this group.
(6) Percentage by weight of agricultural seeds (which may be
designated as "crop seeds") other than those required to be named on the
label.
(7) Percentage by weight of inert matter.
(8) For each named agricultural seed:
(a) Percentage of germination, exclusive of hard or dormant seed.
(b) Percentage of hard or dormant seeds, if present.
(c) The calendar month and year the test was completed to determine
such percentages.
Following (a) and (b) the "total germination and hard or dormant seed" may be
stated as such, if desired.
(9) Name and address of the person who labeled said seed, or who
sells, offers or exposes said seed for sale within this State.
(Source: P.A. 85-717.)
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(505 ILCS 110/4.2a) (from Ch. 5, par. 404.2a)
Sec. 4.2a.
Agricultural seeds that are coated shall be labeled with:
(1) Percentage of pure seeds with coating material removed.
(2) Percentage of coating material shall be shown as a separate item in
close association with the percentage of inert matter.
(3) In addition to the provisions of this Section, labeling of coated
seed shall comply with the requirements of Section 4.2.
(Source: P.A. 85-717.)
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(505 ILCS 110/4.2b) (from Ch. 5, par. 404.2b)
Sec. 4.2b. Labeling for seed mixtures for lawn or turf purposes shall include:
(1) The word "Mixed" or "Mixture" shall be stated with the name of the mixture.
(2) The heading "Pure Seed" and "Germination" shall be used in the proper places.
(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.
(4) Lot number or other lot identification.
(5) Percentage by weight of agricultural seed other than those required
to be named on the label.
(6) Percentage by weight of inert matter.
(7) Percentage by weight of all weed seeds.
(8) For each agricultural seed named under (3) above:
(a) Percentage of germination, exclusive of hard or | ||
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(b) Percentage of hard or dormant seed, if present;
(c) Calendar month and year the test was completed to | ||
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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.
(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. 96-394, eff. 8-13-09.)
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(505 ILCS 110/4.4) (from Ch. 5, par. 404.4)
Sec. 4.4.
Labeling for vegetable seeds in packets as prepared for use in home
gardens or household plantings or vegetable seeds in preplanted containers,
mats, tapes, or other planting devices shall include:
(1) Name of kind and variety of seed.
(2) For seeds which germinate less than the standard last established by
the Director under this Act:
(a) Percentage of germination, exclusive of hard seed,
(b) Percentage of hard seed, if present,
(c) The calendar month and year the test was completed to determine such
percentages,
(d) The words "Below Standard" in not less than 8-point type, and
(3) Name and address of the person who labeled the seed or who sells,
offers, or exposes the seed for sale within this State.
(4) Lot identification, such as by lot number or other means.
(5) The year for which the seed was packed for sale as "Packed for" or
the percentage germination and the calendar month and year the test was
completed to determine such percentage.
(6) For seeds placed in a germination medium, mat, tape, or other device
in such a way as to make it difficult to determine the quantity of seed
without removing the seeds from the medium, mat, tape or device, a
statement to indicate the minimum number of seeds in the container.
(Source: P.A. 85-717.)
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(505 ILCS 110/4.5) (from Ch. 5, par. 404.5)
Sec. 4.5.
Labeling for vegetable seeds in containers other than packets prepared for use in home
gardens or household plantings and other than preplanted containers,
mats, tapes, or other planting devices shall include:
(1) The name of each kind and variety present in excess of 5% and the
percentage by weight of each in order of its predominance.
(2) Lot number or other lot identification.
(3) For each named vegetable seed:
(a) Percentage germination exclusive of hard or dormant seed,
(b) Percentage of hard seed, if present,
(c) The calendar month and year the test was completed to determine such
percentages.
Following (a) and (b) the "total germination and hard or dormant seed" may be
stated as such if desired.
(4) Name and address of the person who labeled said seed, or who sells,
offers or exposes said seed for sale within this State.
(5) The labeling requirements for vegetable seeds in containers of more
than one pound shall be deemed to have been met if the seed is weighed from
a properly labeled container in the presence of the purchaser.
(Source: P.A. 85-717.)
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(505 ILCS 110/5) (from Ch. 5, par. 405)
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:
(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
containers.
(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
misleading labeling.
(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.)
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(505 ILCS 110/5.1) (from Ch. 5, par. 405.1)
Sec. 5.1.
It is unlawful for any person within this State:
(1) To detach, alter, deface or destroy any label | ||
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(2) To disseminate any false or misleading | ||
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(3) To hinder or obstruct in any way, any authorized | ||
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(4) To fail to comply with a "stop sale" order or to | ||
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(5) To use the word "trace" as a substitute for any | ||
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(6) To use the word "type" in any labeling in | ||
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(Source: P.A. 77-1332.)
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(505 ILCS 110/6) (from Ch. 5, par. 406)
Sec. 6.
Records.
Each person whose name appears on the label as handling agricultural,
vegetable or other seeds subject to this Act shall keep for a period of 2
years complete records of each lot of agricultural, vegetable or other
seeds designated by the Department of Agriculture. A file sample of each
lot of seed must be kept for one year after final disposition of that lot.
All such records and samples pertaining to the shipment or shipments
involved shall be accessible for inspection by the Director of the
Department of Agriculture, or his agents, during customary business hours.
(Source: P.A. 77-1332.)
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(505 ILCS 110/7) (from Ch. 5, par. 407)
Sec. 7. Exemptions. (a) The provisions of Sections 4 through 4.5 and
Sections 5 and 5.1 do not
apply:
(1) To seed or grain not intended for sowing purposes.
(2) To seed in storage in, or being transported or | ||
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(3) To any carrier in respect to any seed transported | ||
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(b) The provisions of Sections 4, 4.4, 4.5, 6, and 10, and of paragraphs (1), (2), (3), (4), (5), (8), and (11) of Section 5, do not apply to unpatented, untreated seed that is free of noxious and exotic weed seeds and that is distributed within this State by means of interpersonal non-commercial seed sharing activities, including, but not limited to, seed libraries and seed swap events. A seed library or seed swap event organizer shall adopt labeling or record-keeping standards to identify the year, species or common name, and source of any non-commercially packaged seed received by the seed library or offered at a seed swap event, and shall make this information available to the Department upon request in the course of an investigation of an alleged violation of the provisions in this Act. Information maintained by seed libraries shall be provided to the Department to the extent permissible under the Library Records Confidentiality Act.(Source: P.A. 99-827, eff. 8-16-16.)
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(505 ILCS 110/7.1) (from Ch. 5, par. 407.1)
Sec. 7.1.
No person shall be subject to the penalties of this Act for having sold
or exposed for sale agricultural, vegetable or other seeds designated by
the Department of Agriculture which were incorrectly labeled or represented
as to kind, variety, type or origin (if required) which seeds cannot be
identified by examination thereof, unless he has failed to obtain an
invoice, records or other labeling information and to
take such other precautions as may be reasonable to insure the identity to
be that stated.
(Source: P.A. 85-717.)
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(505 ILCS 110/8) (from Ch. 5, par. 408)
Sec. 8.
Duties and
authority of state seed law enforcement officer.
The duty of enforcing this Act and carrying out its provisions and
requirements is vested in the Illinois Department of Agriculture. It is the
duty of the Director who may act through his authorized agents to sample,
inspect, make analysis of, and test agricultural, vegetable or other seeds
designated by the Department of Agriculture transported, sold, or offered
or exposed for sale within the State for sowing purposes at such time and
place and to such an extent as he may deem necessary to determine whether
said agricultural, vegetable or other seeds designated by the Department of
Agriculture are in compliance with the provisions of this Act and to notify
promptly the person who transported, sold, offered, or exposed the seed for
sale, of any violation.
(Source: P.A. 77-1332.)
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(505 ILCS 110/8.1) (from Ch. 5, par. 408.1)
Sec. 8.1.
For the purpose of carrying out the provisions of this Act, the Director
of the Department of Agriculture, individually or through his authorized
agents, is authorized:
(1) To enter upon any public or private premises | ||
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(2) To issue and enforce a written or printed "stop | ||
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(3) To establish and maintain or make provisions for | ||
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(4) To cooperate with the United States Department of | ||
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(Source: P.A. 77-1332.)
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(505 ILCS 110/9) (from Ch. 5, par. 409)
Sec. 9.
University of
Illinois Agriculture Experiment Station as official certifying agency.
The University of Illinois Agricultural Experiment Station is designated
as the official certifying agency for certifying seed for the State of
Illinois. The certifying agent is authorized and empowered to establish
standards for maintaining genetic purity and quality as it may deem
necessary for the production, handling and conditioning of seed in
determining eligibility for certification. The University of Illinois
Agricultural Experiment Station may appoint an appropriate agent or agents
to do the work necessary for the certification in compliance with the
standards established by the University of Illinois Agricultural Experiment
Station and the Association of Official Seed Certifying Agencies. The
University of Illinois Agricultural Experiment Station shall
not be financially responsible for debts incurred by, damages inflicted by,
contracts broken by, or claims against any certifying agency designated by
it.
(Source: P.A. 85-717.)
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(505 ILCS 110/10) (from Ch. 5, par. 410)
Sec. 10.
Permits.
(1) A permit from the Department of Agriculture of the State of
Illinois is required of every person:
(a) Whose name and address are required on the label or
invoice of any seed distributed or
(b) Who opens any bag or container of seed and sells any part of its
contents. This includes persons who either label or
package seed or relabel and repackage seed. A separate permit shall be required for
each store or place of business where such seed is sold or offered for
sale or
(c) Who operates a livestock auction market or public auction sale or
similar type of consignment sale or who for a commission or other
compensation sells, offers for sale, exposes for sale or negotiates the
sale of either or both agricultural or lawn seed belonging to others.
(2) No permit shall be required of persons selling only the packaged
lines which have been packed and distributed by a person, firm or
corporation holding and having a permit in force. No permit shall be
required of persons selling, offering or exposing for sale seed of their
own production provided that such seed is sold and delivered only on the
farm or premises where grown.
(3) All permits shall be conspicuously
posted in the place of business to which it applies. The permit year shall
be 12 months, or any fraction of 12 months, beginning on July 1 and ending
June 30. Application for permits shall be made upon forms approved and
furnished by the Department of Agriculture.
(Source: P.A. 85-717.)
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(505 ILCS 110/11) (from Ch. 5, par. 411)
Sec. 11.
Seizure.
Any lot of agricultural, vegetable or other seeds designated by the
Department of Agriculture not in compliance with the provisions of this Act
shall be subject to seizure on complaint of the Director of the Department
of Agriculture, or his agents, to
the circuit court in the
locality in which the seed is located. In the event the court finds the
seed to be in violation of this Act and orders the condemnation of the
seed, it shall be denatured, conditioned, destroyed,
relabeled, or otherwise
disposed of in compliance with the laws of this State; provided, that in no
instance shall the court order such disposition of the seed before the claimant
has had an opportunity to apply to the court for the
release of the seed or permission to process or relabel it in compliance
with this Act.
(Source: P.A. 85-717.)
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(505 ILCS 110/11.1) (from Ch. 5, par. 411.1)
Sec. 11.1.
Any seed permit holder who acquires agricultural seed for resale
and conditioning from Illinois producers thereof shall document all such
seed acquisition transactions through the use of a seed contract. Such
contracts shall be specifically identified and a complete record of such
contracts shall be retained by the seed permit holder. All such contracts
shall clearly indicate that the contract consignment is for agricultural
seed purposes only, with a clarifying description of the kind of agricultural
seed dealt with in each contract.
(Source: P.A. 81-751.)
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(505 ILCS 110/11.2) (from Ch. 5, par. 411.2)
Sec. 11.2.
In all cases wherein compliance with Section 11.1 of this Act
is required, there shall be maintained a full accounting of the final
disposition of all seed purchased in accordance with Section 11 of this
Act, indicating the total amount of each kind of agricultural seed acquired,
the total amount of each kind of agricultural seed conditioned and marketed as seed, and
the total amount of each kind
of agricultural seed not disposed of, for whatever reasons, as seed.
If, when applying for an annual seed permit renewal, the seed permit holder's
records indicate that any portion of the agricultural seed purchased from
Illinois producers during his current permit period was disposed of in a
form other than seed, the seed permit holder shall supply the Department with a summary
disposition report which shall accompany the renewal application.
(Source: P.A. 81-751.)
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(505 ILCS 110/11.3) (from Ch. 5, par. 411.3)
Sec. 11.3.
All seed disposed of by any seed permit holder through grain
marketing channels must be marketed through a person licensed under "An
Act to license and regulate grain dealers engaged in the business of purchasing
grain from the producers thereof and making an appropriation in connection
therewith", approved August 21, 1967, as amended.
(Source: P.A. 81-751.)
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(505 ILCS 110/12) (from Ch. 5, par. 412)
Sec. 12.
If a seed dealer violates any of the provisions of this Act,
his or her permit may be removed from his or her premises by any
Department employee charged with the enforcement of this Act and returned
to the Department. Such removal shall constitute a suspension of the permit.
The Department may, upon its own motion and shall upon the verified complaint
in writing of any person setting forth facts which, if proved, would constitute
grounds for refusal, suspension, or revocation of a permit under this Act,
investigate the actions of any applicant or any person or persons applying
for, holding, or claiming to hold a permit.
The Department, within 10 days after removing and suspending a permit or
before refusing to issue or renew or before otherwise suspending or revoking
a permit, shall set a date for a hearing thereon and at least 10 days prior
to the date set for the hearing shall notify in writing the applicant for
or holder of a permit, hereinafter called the respondent, that a hearing
will be held on the date designated to determine whether the respondent
is privileged to hold such a permit and shall afford the respondent opportunity
to be heard in person or by counsel in reference thereto.
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, by deposition or by exhibit,
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 seed dealer's business.
The Department, over the Director's signature, may apply to any court for
a temporary restraining order or a 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 under this Act and said injunction is to be issued without
bond.
When an administrative hearing is held, the hearing officer, upon
determination of a violation of this Act, shall levy and the Department
shall collect administrative penalties on a per-occurrence basis for the
following violations.
(1) A penalty of $500.00 will be imposed for the following violations:
(a) To neglect or refuse, after notice in writing, to comply with
provisions of this Act, and the regulations adopted hereunder, or any
lawful order of the Director, including the limitations specified in a duly issued permit.
(b) To sell, transport, dispose, or otherwise distribute seeds which
have been placed on stop-sale status.
(2) A penalty of $100.00 will be imposed for the following violations:
(a) To deny such access to the Director in the performance of his or her
duties or to thwart or hinder such inspection by misrepresenting or
concealing facts or conditions.
(b) To sell, offer or expose for sale, or distribute seed which does not
have attached thereto a shipping tag or label as is required by the Act.
(c) To fail to comply with any of the provisions of this Act, or the
rules and regulations promulgated hereunder.
(d) To sell, barter, offer for sale, or move, transport, deliver, ship
or offer for shipment into or within this State any seed containing noxious
weed seed not labeled in accordance with this Act.
(Source: P.A. 85-717.)
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(505 ILCS 110/13) (from Ch. 5, par. 413)
Sec. 13.
Violations and prosecutions.
Every person, who by himself, his agents or employees violates any of
the provisions of this Act, or any regulations issued hereunder, may for
each offense be deemed guilty of a business offense and fined
not less than $1,000.00 and all costs for each and every
offense. When the Director of the Department of Agriculture shall find that
any person has violated any of the provisions of this Act, he or his duly
authorized agent or agents may institute proceedings in
the circuit court in the locality in which the violation occurred, to
have such person convicted therefor; or the Director of the Department of
Agriculture may file with the State's Attorney of the county where such
violation is alleged to have taken place, such
evidence as may be deemed necessary
for prosecution under this Act; provided, that no prosecution
under this Act shall be instituted without the defendant first having been
given an opportunity to appear before the Director of the Department of
Agriculture or his duly authorized agent, to introduce evidence either in
person or by agent or attorney at a private hearing. If, after such
hearing, or without such hearing in case the defendant or his agent or
attorney fails or refuses to appear, the Director of the Department of
Agriculture is of the opinion that the evidence warrants prosecution, he
shall proceed as herein provided.
The State's Attorney of the county in which a violation has occurred or
the State's Attorney General as the case may be, shall institute
proceedings at once against any person charged with a violation of this
Act, if, in the judgment of such officer, the information submitted
warrants such action. After judgment by the court in any case arising under
this Act, the Director of the Department of Agriculture, or his agent, at
his discretion, shall publish or cause to be published, any information
pertinent to the issuance of the judgment by the court in such media as he
may designate from time to time.
(Source: P.A. 85-717.)
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(505 ILCS 110/14) (from Ch. 5, par. 414)
Sec. 14.
Review.
Judicial review of final administrative decisions may
be had in accordance with the provisions of the
Administrative Review Law of the Code of Civil Procedure,
and all amendments and
modifications thereof and rules and regulations adopted pursuant thereto.
(Source: P.A. 85-717.)
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(505 ILCS 110/15) (from Ch. 5, par. 415)
Sec. 15.
Saving
clause.
If any Section, subsection, clause, provision or portion of this Act
shall be held to be invalid or unconstitutional by any court of competent
jurisdiction or the applicability thereof to any person, substance or
product is held invalid, such holding shall not affect any other Section,
subsection, clause, provision or portion of this Act, or any other person,
substance or product covered by the provisions of this Act.
(Source: P.A. 77-1332.)
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(505 ILCS 110/16) (from Ch. 5, par. 416)
Sec. 16.
"The Illinois Administrative Procedure Act" and the rules and
regulations adopted thereunder shall apply to and govern all administrative
actions taken where applicable unless otherwise prescribed by this Act.
(Source: P.A. 81-751.)
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