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91_HB0309
LRB9100673LDmb
1 AN ACT to amend the Illinois Fertilizer Act of 1961 by
2 changing Section 3 and adding Section 5a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Fertilizer Act of 1961 is
6 amended by changing Section 3 and adding Section 5a as
7 follows:
8 (505 ILCS 80/3) (from Ch. 5, par. 55.3)
9 Sec. 3. Definitions of words and terms. When used in this
10 Act unless the context otherwise requires:
11 (a) The term "fertilizer material" means any substance
12 containing nitrogen, phosphorus, potash or any other
13 recognized plant nutrient element or compound which is used
14 primarily for its plant nutrient content or for compounding
15 mixed fertilizers except unmanipulated animal and vegetable
16 manures.
17 (b) The term "mixed fertilizer" means any combination or
18 mixture of fertilizer materials designed for use or claimed
19 to have value in promoting plant growth.
20 (c) The term "commercial fertilizer" means mixed
21 fertilizer and/or fertilizer materials except the following
22 natural products: agricultural limestone, marl, sea solids
23 and unprocessed animal manure, which have not been
24 manipulated so as to alter or change them chemically and
25 burnt or hydrated lime, and sewage sludge produced by any
26 sanitary district shall not be subject to the provisions of
27 this Act. Such term does not include "custom mixes" as
28 defined herein.
29 (d) The term "anhydrous ammonia" means the compound
30 formed by the combination of two gaseous elements, nitrogen
31 and hydrogen, in the proportion of one part of nitrogen to
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1 three parts of hydrogen (NH 3) by volume. Anhydrous ammonia
2 is a commercial fertilizer of ammonia gas in compressed and
3 liquified form. It is not aqueous ammonia which is a solution
4 of ammonia gas in water and which is considered a low
5 pressure nitrogen solution.
6 (e) The term "specialty fertilizer" means a commercial
7 fertilizer distributed primarily for nonfarm use, such as
8 home gardens, lawns, shrubbery, flowers, golf courses,
9 municipal parks, cemeteries, green houses and nurseries, and
10 may include commercial fertilizer used for research or
11 experimental purposes.
12 (f) The term "bulk fertilizers" means commercial
13 fertilizer or custom mix distributed in a non-packaged form.
14 (g) The term "custom mix" means a mixture of 2 or more
15 commercial fertilizers mixed at time of shipment to the
16 specific order of the consumer.
17 (h) The term "custom mixer" means a person who produces
18 and sells custom mixes.
19 (i) The term "brand" means a term, design, or trade mark
20 used in connection with one or several grades of commercial
21 fertilizers.
22 (j) The term "guaranteed analysis" means the minimum
23 percentages of plant nutrients claimed in the following order
24 and form:
25 A. Total Nitrogen (N)..................................%
26 Available Phosphoric Acid (P2O5)........................%
27 Soluble Potash (K2O)....................................%
28 B. For unacidulated mineral phosphatic materials and
29 basic slag, both total and available phosphoric acid and the
30 degree of fineness. For bone, tankage, and other organic
31 phosphatic materials, total phosphoric acid.
32 C. Additional plant nutrients expressed as the elements,
33 when permitted by regulation.
34 D. Potential basicity or acidity expressed in terms of
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1 calcium carbonate equivalent in multiples of 100 pounds per
2 ton, when required by regulation.
3 (k) The term "grade" means the minimum percentage of
4 total nitrogen, available phosphoric acid (P2O5) and soluble
5 potash (K2O) stated in the order given in this definition.
6 (l) The term "official sample" means any sample of
7 commercial fertilizer or custom mix taken by the Director or
8 his agent and designated as "official" by the Director.
9 (m) The term "ton" means a net weight of 2000 pounds
10 avoirdupois.
11 (n) The term "per cent" or "percentage" means the
12 percentage by weight.
13 (o) The term "person" means any individual, partnership,
14 association, firm and corporation.
15 (p) The term "distribute" means to offer for sale, sell,
16 barter, store, handle, transport or otherwise supply
17 commercial fertilizers or custom mix. The term "distributor"
18 means any person who distributes.
19 (q) Words importing the singular number may extend and
20 be applied to several persons or things and words importing
21 the plural number may include the singular.
22 (r) The term "registrant" means the person who registers
23 commercial fertilizer or custom mix under the provisions of
24 this Act.
25 (s) The term "nitrogen solution" means a low pressure
26 solution containing 2 per cent or more by weight of free
27 ammonia and/or having vapor pressure of 5 pounds or more per
28 square inch gauge at 104° F.
29 (t) The term "Department" means the Illinois Department
30 of Agriculture.
31 (u) The term "Director" means the Director of the
32 Illinois Department of Agriculture or a duly authorized
33 representative.
34 (v) The term "hazardous waste" has the same meaning as
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1 it does in Section 3.15 of the Environmental Protection Act.
2 (Source: P.A. 83-586.)
3 (505 ILCS 80/5a new)
4 Sec. 5a. Hazardous waste prohibited. It is a violation
5 of this Act for any person to knowingly add any hazardous
6 waste to fertilizer or to knowingly use hazardous waste as a
7 filler in any fertilizer.