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| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ House Amendment 002 ] |
91_HB1822
LRB9103015DHmgA
1 AN ACT to amend the Insect Pest and Plant Disease Act by
2 changing Sections 2 and 22.01.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Insect Pest and Plant Disease Act is
6 amended by changing Sections 2 and 22.01 as follows:
7 (505 ILCS 90/2) (from Ch. 5, par. 62)
8 Sec. 2. Words used in this Act shall be construed to
9 import either the plural or the singular, as the case
10 demands. For the purposes of this Act, the following terms
11 shall be construed, respectively, to mean:
12 Compliance agreement - A written agreement between a
13 person engaged in growing, handling, or moving nursery stock,
14 plants, and plant products, plant insects, or any combination
15 of those items and the Director, in which the former agrees
16 to specified conditions, requirements, or both, in order to
17 remain compliant with the terms of a plant or plant-insect
18 quarantine.
19 Director - The Director of the Illinois Department of
20 Agriculture or his or her authorized representative.
21 Department - The Department of Agriculture of the State
22 of Illinois.
23 Insect Pests - Insects, crustaceans, arachnids and vermes
24 injurious to plants, plant products, animals and man.
25 Plant Diseases - Fungi bacteria, nematodes, protozoans
26 and viruses injurious to plants and plant products, and the
27 pathological condition in plants and plant products, caused
28 by fungi bacteria, nematodes, protozoans and viruses.
29 Nursery Stock - All field-grown and native trees,
30 Christmas trees, sod, shrubs, herbaceous perennials, vines,
31 cuttings, grafts, scions, buds, fruit-pits and other seeds of
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1 fruit and ornamental trees and shrubs; also other plants and
2 plant products for, or capable of, propagation, excepting
3 field, vegetable and flower seeds, bedding plants, and other
4 herbaceous plants, bulbs and roots.
5 Plants and Plant Products - Trees, shrubs, vines, forage
6 and cereal plants and all other plants; cuttings, grafts,
7 scions, buds, and all other parts of plants; and fruit,
8 vegetables, roots, bulbs, seeds, wood, lumber, and all other
9 parts of plants and plant products.
10 Nursery - Any grounds or premises on or in which nursery
11 stock is propagated and grown or from which nursery stock is
12 collected for sale, or any grounds or premises on or in which
13 nursery stock is being fumigated, treated, packed or stored.
14 Nurseryman - Any person who owns, leases, manages, or is
15 in charge of a nursery, and who propagates nursery stock.
16 Nursery Dealer - Any person or landscaper not a grower
17 of nursery stock in this State, who buys, sells, ships, or
18 distributes nursery stock for commercial or monetary gain in
19 the State of Illinois.
20 Landscaper - Any person who is engaged in development and
21 decorative planting of gardens and grounds for commercial or
22 monetary gain and who uses nursery stock in his landscape
23 development.
24 Person - Includes a corporation, company, society,
25 association, partnership, governmental agency and any
26 individual or combination of individuals.
27 (Source: P.A. 88-292.)
28 (505 ILCS 90/22.01) (from Ch. 5, par. 82a)
29 Sec. 22.01. When an administrative hearing is held, the
30 hearing officer shall upon determination of a violation, on a
31 per-occurrence basis, assess an appropriate administrative
32 monetary penalty. The Department shall collect the
33 administrative monetary penalty which will be paid to the
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1 Pesticide Control Fund to be used for the administration of
2 this Act for the following violations:
3 I. A fine of $1,500 $150 shall be imposed for each of
4 the following violations:
5 A. Thwarting or hindering an inspection authorized or
6 required by this Act by misrepresenting or concealing facts
7 or conditions.
8 B. Selling, offering or exposing for sale, or
9 distributing nursery stock which is not accompanied by a
10 shipping tag or label bearing a copy of the certificate of
11 inspection or nursery dealer's certificate.
12 C. Failing to comply with any of the provisions of this
13 Act, or the rules and regulations promulgated hereunder for
14 which a fine for a specific violation is not specified.
15 D. Making a false declaration of acreage or causing any
16 concealment of nursery stock from inspection by the
17 Department.
18 E. Selling, offering for sale, or distributing nursery
19 stock or other article infested with injurious insect pests
20 or infected with injurious plant diseases.
21 II. A fine of $3,000 $300 shall be imposed for each of
22 the following violations:
23 A. Failing to carry out the treatment or destruction of
24 any plant pest or regulated article in accordance with
25 official notification from the Director.
26 B. Selling, transporting, or offering for sale nursery
27 stock which has not been inspected and which is not covered
28 by a valid certificate of inspection.
29 C. Selling, offering or exposing for sale or delivering
30 any nursery stock without having a current certificate of
31 inspection or nursery dealer's certificate.
32 III. A fine of $5,000 $500 shall be imposed for each of
33 the following violations:
34 A. Using an invalid, suspended, or revoked nursery
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1 certificate or nursery dealer's certificate in the sale or
2 distribution of nursery stock.
3 B. Neglecting or refusing to comply with provisions of
4 this Act or any lawful order of the Director.
5 C. Moving any regulated article into or out of a
6 quarantined area unless such regulated article has been
7 treated or handled as provided by the requirements of said
8 quarantine.
9 D. Selling, installing or otherwise distributing nursery
10 stock or other article which has been placed on stop-sale.
11 E. Falsifying a compliance agreement.
12 Any penalty not paid within 60 days of notice from the
13 Department shall be submitted to the Attorney General's
14 office for collection. Failure to pay a penalty shall also
15 be grounds for suspension or revocation of certificates and
16 permits.
17 (Source: P.A. 85-324.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.