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91_HB2812
LRB9103098LDmb
1 AN ACT concerning agriculture, amending a named Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Fertilizer Act of 1961 is amended
5 by changing the title of the Act and Sections 3, 4, 5, 6, 6a,
6 6b, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18a, and 19 and by
7 adding Sections 4a, 11a, 16a, 16b, 16c, 16d, and 20a as
8 follows:
9 (505 ILCS 80/Act title)
10 An Act to regulate the sale, storage, use, application
11 equipment, and distribution of mixed fertilizers and
12 fertilizer materials and to repeal an Act herein named.
13 (505 ILCS 80/3) (from Ch. 5, par. 55.3)
14 Sec. 3. Definitions of words and terms. When used in this
15 Act unless the context otherwise requires:
16 (a) The term "Fertilizer material" means a fertilizer
17 which either:
18 (1) Contains important quantities of no more than
19 one of the primary plant nutrients: nitrogen (N),
20 phosphate (P2O5), and potash (K2O);
21 (2) Has 85% or more of its plant nutrient content
22 present in the form of a single chemical compound; or
23 (3) Is derived from a plant or animal residue or
24 by-product or natural material deposit that has been
25 processed in such a way that its content of plant
26 nutrients has not been materially changed except by
27 purification and concentration. any substance containing
28 nitrogen, phosphorus, potash or any other recognized
29 plant nutrient element or compound which is used
30 primarily for its plant nutrient content or for
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1 compounding mixed fertilizers except unmanipulated animal
2 and vegetable manures.
3 (b) The term "Mixed fertilizer" means a fertilizer
4 containing any combination or mixture of fertilizer materials
5 designed for use or claimed to have value in promoting plant
6 growth.
7 (c) "Fertilizer" means any substance containing one or
8 more recognized plant nutrients that is used for its plant
9 nutrient content and that is designed for use or claimed to
10 have value in promoting plant growth, except marl, lime,
11 limestone, wood ashes, unmanipulated manures when no
12 guarantees are made, and other products exempted by rule The
13 term "commercial fertilizer" means mixed fertilizer and/or
14 fertilizer materials except the following natural products:
15 agricultural limestone, marl, sea solids and unprocessed
16 animal manure, which have not been manipulated so as to alter
17 or change them chemically and burnt or hydrated lime, and
18 sewage sludge produced by any sanitary district shall not be
19 subject to the provisions of this Act. Such term does not
20 include "custom mixes" as defined herein.
21 (d) The term "Anhydrous ammonia" means the compound
22 formed by the combination of two gaseous elements, nitrogen
23 and hydrogen, in the proportion of one part of nitrogen to
24 three parts of hydrogen (NH 3) by volume. Anhydrous ammonia
25 is a commercial fertilizer of ammonia gas in compressed and
26 liquified form. It is not aqueous ammonia which is a solution
27 of ammonia gas in water and which is considered a low
28 pressure nitrogen solution.
29 (e) The term "Specialty fertilizer" means a commercial
30 fertilizer distributed primarily for nonfarm use, such as
31 home gardens, lawns, shrubbery, flowers, golf courses,
32 municipal parks, cemeteries, green houses and nurseries, and
33 may include commercial fertilizer used for research or
34 experimental purposes.
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1 (f) The term "Bulk fertilizers" means a commercial
2 fertilizer or custom mix distributed in a non-packaged form.
3 (g) The term "Custom mix" means a mixture of 2 or more
4 commercial fertilizers uniformly mixed at time of shipment to
5 the specific order of the consumer.
6 (h) (Blank). The term "custom mixer" means a person who
7 produces and sells custom mixes.
8 (i) The term "Brand" means a term, design, or trade mark
9 used in connection with one or several grades of commercial
10 fertilizers.
11 (j) The term "Guaranteed analysis" means the minimum
12 percentages of plant nutrients claimed in the following order
13 and form:
14 A. Total Nitrogen (N)..................................%
15 Available Phosphate Phosphoric Acid (P2O5)..............%
16 Soluble Potash (K2O)....................................%
17 B. For unacidulated mineral phosphatic materials and
18 basic slag, both total and available phosphoric acid and the
19 degree of fineness. For bone, tankage, and other organic
20 phosphatic materials, the total phosphate or degree of
21 fineness or both may also be guaranteed phosphoric acid.
22 C. Guarantees for plant nutrients other than nitrogen,
23 phosphorus, and potassium may be required by rule. The
24 guarantees for the other nutrients shall be expressed in the
25 form of the element. The source (oxides, salts, chelates,
26 etc.) of the other nutrients may be required to be stated on
27 the application for registration and may be included on the
28 label. Other beneficial substances or compounds, determinable
29 by laboratory methods, also may be guaranteed by permission
30 of the Director. When any plant nutrients or other substances
31 or compounds are guaranteed, they shall be subject to
32 inspection and analysis in accord with the methods and rules
33 prescribed by the Director. Additional plant nutrients
34 expressed as the elements, when permitted by regulation.
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1 D. Potential basicity or acidity expressed in terms of
2 calcium carbonate equivalent in multiples of 100 pounds per
3 ton, when required by regulation.
4 (k) The term "Grade" means the minimum percentage of
5 total nitrogen, available phosphate, phosphoric acid (P2O5)
6 and soluble potash (K2O) stated in whole numbers in the same
7 terms, order, and percentages as in the guaranteed analysis;
8 provided, however, that specialty fertilizers may be
9 guaranteed in fractional units of less than 1% of total
10 nitrogen, available phosphate, and soluble potash and that
11 fertilizer materials, bone meal, manures, and similar
12 materials may be guaranteed in fractional units in the order
13 given in this definition.
14 (l) The term "Official sample" means any sample of
15 commercial fertilizer or custom mix taken by the Director or
16 his agent and designated as "official" by the Director.
17 (m) (Blank). The term "ton" means a net weight of 2000
18 pounds avoirdupois.
19 (n) "Percent" The term "per cent" or "percentage" means
20 the percentage by weight.
21 (o) The term "Person" means any individual, partnership,
22 association, firm and corporation.
23 (p) The term "Distribute" means to import, consign,
24 store, manufacture, produce, apply, compound, mix, or blend
25 fertilizer or to offer for sale, sell, barter, or otherwise
26 supply fertilizer in this State offer for sale, sell, barter,
27 store, handle, transport or otherwise supply commercial
28 fertilizers or custom mix. The term "distributor" means any
29 person who distributes.
30 (q) (Blank). Words importing the singular number may
31 extend and be applied to several persons or things and words
32 importing the plural number may include the singular.
33 (r) The term "Registrant" means the person who registers
34 commercial fertilizer or custom mix under the provisions of
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1 this Act.
2 (s) The term "Nitrogen solution" means a low pressure
3 solution containing 2 per cent or more by weight of free
4 ammonia and/or having vapor pressure of 5 pounds or more per
5 square inch gauge at 104° F.
6 (t) The term "Department" means the Illinois Department
7 of Agriculture.
8 (u) The term "Director" means the Director of the
9 Illinois Department of Agriculture or a duly authorized
10 representative.
11 (v) "Primary nutrients" means total nitrogen, available
12 phosphate, and soluble potash.
13 (w) "Licensee" means a person who receives a license to
14 distribute a fertilizer under this Act.
15 (x) "Label" means the display of all written, printed,
16 or graphic matter upon the immediate container of or a
17 statement accompanying a fertilizer.
18 (y) "Labeling" means all written, printed, or graphic
19 matter upon or accompanying any fertilizer or advertisements,
20 brochures, posters, or television or radio announcements used
21 in promoting the sale of the fertilizer.
22 (z) "Investigational allowance" means an allowance for
23 variations inherent in the taking, preparation, and analysis
24 of an official sample of fertilizer.
25 (aa) "Deficiency" means the amount of nutrient found by
26 analysis less than that guaranteed which may result from a
27 lack of nutrient ingredients or from lack of uniformity.
28 (bb) "Application equipment" means the equipment or
29 equipment systems used to apply fertilizer to soils or
30 plants.
31 (Source: P.A. 83-586.)
32 (505 ILCS 80/4) (from Ch. 5, par. 55.4)
33 Sec. 4. Product registration.
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1 (a) Each brand and grade of commercial fertilizer shall
2 be registered in the name that appears upon the label before
3 being distributed in this State. The application for
4 registration shall be submitted with a label or facsimile of
5 same to the Director on form furnished by the Director, and
6 shall be accompanied by a fee of $30 for each $5 per grade of
7 each within a brand. Upon approval by the Director a copy of
8 the registration shall be furnished to the applicant. All
9 registrations expire on December 31 of each year.
10 The application shall include the following information:
11 (1) The brand and grade. net weight
12 (2) The guaranteed analysis. brand and grade
13 (3) The name and address of the registrant. guaranteed
14 analysis
15 (4) The net weight name and address of the registrant.
16 (b) A distributor shall not be required to register any
17 brand of commercial fertilizer or custom mix which is already
18 registered under this Act by another person providing the
19 label does not differ in any respect or the products of
20 different distributors are not co-mingled.
21 (c) (Blank). The plant nutrient content of each and
22 every commercial fertilizer must remain uniform for the
23 period of registration and, in no case, shall the percentage
24 of any guaranteed plant nutrient element be changed in such a
25 manner that the crop-producing quality of the commercial
26 fertilizer is lowered.
27 (c-1) A distributor shall not be required to register
28 each grade of custom mix fertilizer but shall be required to
29 obtain a license pursuant to Section 4a of this Act and to
30 label the fertilizer as provided in subsection (c) of Section
31 5.
32 (d) (Blank). Each custom mixer shall register annually
33 with the Director on forms furnished by the Director. The
34 application for registration shall be accompanied by a fee of
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1 $25.00, unless the custom mixer elects to register each
2 mixture, paying a fee of $5.00 per mixture. Upon approval by
3 the Director, a copy of the registration shall be furnished
4 to the applicant. All registrations expire on December 31 of
5 each year.
6 (e) (Blank). A custom mix as defined in section 3(f),
7 prepared for one consumer shall not be co-mingled with the
8 custom mixed fertilizer prepared for another consumer.
9 (f) (Blank). All fees collected pursuant to this
10 Section shall be paid into the State treasury.
11 (Source: Laws 1967, p. 297.)
12 (505 ILCS 80/4a new)
13 Sec. 4a. Licensing of distributors.
14 (a) No person shall distribute fertilizer until a
15 license to distribute has been obtained from the Director
16 upon payment of a $30 fee. Each location shall obtain a
17 separate license. All licenses shall expire on December 31 of
18 each year.
19 (b) The name and address shown on the license shall be
20 shown on all labels, invoices, and storage facilities for
21 fertilizers distributed by the licensee in this State.
22 (c) The licensee shall inform the Director in writing of
23 additional distribution points established during the period
24 of the license.
25 (505 ILCS 80/5) (from Ch. 5, par. 55.5)
26 Sec. 5. Labeling.
27 (a) Any commercial fertilizer or custom mix distributed
28 in this State in containers shall have placed on or affixed
29 to the container a label setting forth in clearly legible and
30 conspicuous form the following information:
31 (1) Net weight.
32 (2) Brand and grade; however, the grade shall not
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1 be required when no primary nutrients are claimed.
2 (3) Guaranteed analysis.
3 (4) Name and address of the registrant or licensee.
4 For bulk shipments, this information in written or
5 printed form shall accompany delivery and be supplied to the
6 purchaser at the time of delivery. required by Items (1),
7 (2), (3), and (4) of paragraph (a) of Section 4.
8 (b) (Blank). If distributed in bulk as a brand or grade
9 of fertilizer, a written or printed statement of the
10 information required by items (1), (2), (3), and (4) of
11 paragraph (a) of Section 4 shall accompany delivery of each
12 load and be supplied to the purchaser at time of delivery.
13 (c) A custom mix fertilizer formulated according to
14 specifications which are furnished by or for a consumer prior
15 to mixing shall be labeled to show either (1) or (2) below:
16 (1) All of the following:
17 (A) Net weight.
18 (B) Guaranteed analysis.
19 (C) Name and address of the distributor.
20 (D) Name and address of the purchaser.
21 (2) All of the following:
22 (A) Weight of each fertilizer used in the mix.
23 (B) The guaranteed analysis of each fertilizer
24 used.
25 (C) Total weight of fertilizer delivered in
26 each load.
27 (D) Weight of any additional substances.
28 (E) Name and address of the distributor.
29 (F) Name and address of the purchaser. If
30 distributed in bulk as custom mixed fertilizer, a
31 written or printed statement shall accompany
32 delivery of each load and be supplied to the
33 purchaser at time of delivery and must carry
34 information as follows:
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1 1. Weight of each commercial fertilizer used in the
2 custom mixing.
3 2. The guaranteed analysis of each commercial fertilizer
4 used in the custom mixing.
5 3. Total weight of fertilizer delivered in each load.
6 4. Name and address of the person selling the
7 fertilizer.
8 (d) (Blank). A custom mixed fertilizer shall be
9 intimately and uniformly mixed. The Director, in determining
10 for administrative purposes whether a custom mix is
11 intimately and uniformly mixed, shall compute the analysis of
12 the load of custom mixed fertilizer from the information
13 required by Items (1), (2), and (3) of paragraph (c) of this
14 section.
15 (Source: Laws 1963, p. 2240.)
16 (505 ILCS 80/6) (from Ch. 5, par. 55.6)
17 Sec. 6. Inspection fees.
18 (a) (Blank). There shall be paid to the Director for
19 all commercial fertilizers or custom mix distributed in this
20 State an inspection fee at the rate of 20¢ per ton. Sales to
21 manufacturers or exchanges between them are hereby exempted
22 from the inspection fee.
23 On individual packages of commercial or custom mix or
24 specialty fertilizers containing 5 pounds or less, or if in
25 liquid form containers of 4,000 cubic centimeters or less,
26 there shall be paid instead of the 20¢ per ton inspection
27 fee, an annual inspection fee of $25 for each grade within a
28 brand sold or distributed. Where a person sells commercial or
29 custom mix or specialty fertilizers in packages of 5 pounds
30 or less, or 4,000 cubic centimeters or less if in liquid
31 form, and also sells in larger packages than 5 pounds or
32 liquid containers larger than 4,000 cubic centimeters, this
33 annual inspection fee of $25 applies only to that portion
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1 sold in packages of 5 pounds or less or 4,000 cubic
2 centimeters or less, and that portion sold in larger packages
3 or containers shall be subject to the same inspection fee of
4 20¢ per ton as provided in this Act. The increased fees shall
5 be effective after June 30, 1989.
6 (b) (Blank). Every person who distributes a commercial
7 fertilizer or custom mix in this State shall file with the
8 Director, on forms furnished by the Director, a semi-annual
9 statement for the periods ending June 30 and December 31,
10 setting forth the number of net tons of each grade of
11 commercial fertilizers within a brand or the net tons of
12 custom mix distributed. The report shall be due on or before
13 the 15th day of the month following the close of each
14 semi-annual period and upon the statement shall pay the
15 inspection fee at the rate stated in paragraph (a) of this
16 Section.
17 (c) An inspection fee at the rate of 20 cents per ton
18 shall be paid to the Director for all fertilizers distributed
19 in this State to non-registrants or non-licensees, except
20 that sales or exchanges between importers, manufacturers,
21 distributors, registrants, or licensees are exempted. The
22 minimum inspection fee shall be $25 every 6 months.
23 (d) Every registrant or licensee who distributes
24 fertilizer in this State shall file semi-annually with the
25 Director a statement for the reporting period setting forth
26 the number of net tons of each fertilizer distributed in this
27 State during the period. The report shall be due on or before
28 30 days following the close of the filing period, and upon
29 the statement the registrant or licensee shall pay the
30 inspection fee at the rate stated in paragraph (c) of this
31 Section. If the tonnage report is not filed and the payment
32 of inspection fees is not made within 30 days after the end
33 of the specified filing period, a collection fee, amounting
34 to 10% of the amount due or $50, whichever is greater, shall
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1 be assessed against the registrant or licensee and added to
2 the amount due.
3 (e) When more than one person is involved in the
4 distribution of a fertilizer, the last person who has the
5 fertilizer registered (is licensed) and who distributed to a
6 non-registrant or non-licensee dealer or consumer is
7 responsible for reporting the tonnage and paying the
8 inspection fee, unless the report and payment is made by a
9 prior distributor of the fertilizer.
10 (f) An annual inspection fee of $50 for each grade of
11 each brand sold or distributed shall be paid, in lieu of the
12 inspection fee of 20 cents per ton, on individual packages of
13 fertilizer containing 10 pounds or less. If a person
14 distributes fertilizer in packages of 10 pounds or less and
15 in packages over 10 pounds, the annual fee shall apply only
16 to that portion distributed in packages of 10 pounds or less.
17 (g) All fees shall be paid into the Fertilizer Control
18 Fund and shall be used for the payment of the costs of
19 inspection, sampling, and analysis and other expenses
20 necessary for the administration of this Act.
21 One half of the 20¢ per ton inspection fee shall be paid
22 into the Fertilizer Control Fund and all other fees collected
23 under this Section shall be paid into the State treasury.
24 If the tonnage report is not filed and the payment of
25 inspection fee is not made within 30 days after the end of
26 the semi-annual period, a collection fee amounting to 10%
27 (minimum $10) of the amount shall be assessed against the
28 registrant. The amount of fees due shall constitute a debt
29 and become the basis of a judgment against the registrant.
30 Upon the written request to the Director additional time may
31 be granted past the normal date of filing the semi-annual
32 statement.
33 When more than one person is involved in the distribution
34 of a commercial fertilizer, the last registrant who
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1 distributes to the non-registrant (dealer or consumer) is
2 responsible for reporting the tonnage and paying the
3 inspection fee.
4 (Source: P.A. 86-232; 87-14.)
5 (505 ILCS 80/6a) (from Ch. 5, par. 55.6a)
6 Sec. 6a. Fertilizer research and education program. The
7 Department is hereby authorized to establish a program and
8 expend appropriations for a fertilizer research and education
9 program dealing with the relationship of fertilizer use to
10 soil management, soil fertility, plant nutrition problems,
11 and for research on environmental concerns which may be
12 related to fertilizer usage; for the dissemination of the
13 results of such research; and for other designated activities
14 including educational programs to promote the correct and
15 effective usage of fertilizer materials.
16 To assist in the development and administration of the
17 fertilizer research and education program, the Director is
18 authorized to establish a Fertilizer Research and Education
19 Council consisting of 9 persons. This council shall be
20 comprised of 3 persons representing the fertilizer industry,
21 3 persons representing crop production, and 2 persons
22 representing the public at large. In the appointment of
23 persons to the council, the Director shall consult with
24 representative persons and recognized organizations in the
25 respective fields concerning such appointments. The Director
26 or his representative from the Department shall act as
27 chairman of the council. The Director shall call meetings
28 thereof from time to time or when requested by 3 or more
29 appointed members of the council.
30 The responsibilities of the Fertilizer Research and
31 Education Council are to:
32 (a) solicit research and education projects consistent
33 with the scope of the established fertilizer research and
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1 education program;
2 (b) review and arrange for peer review of all research
3 proposals for scientific merit and methods, and review or
4 arrange for the review of all proposals for their merit,
5 objective, methods and procedures;
6 (c) evaluate the proposed budget for the projects and
7 make recommendations as necessary; and
8 (d) monitor the progress of projects and report at least
9 once each 6 months on each project's accomplishments to the
10 Director and Board of Agricultural Advisors.
11 The Fertilizer Research and Education Council shall at
12 least annually recommend projects to be approved and funded
13 including recommendations on continuation or cancellation of
14 authorized and ongoing projects to the Board of Agricultural
15 Advisors, which is created in Section 6.01 of The Civil
16 Administrative Code of Illinois. The Board of Agricultural
17 Advisors shall review the proposed projects and
18 recommendations of the Fertilizer Research and Education
19 Council and recommend to the Director what projects shall be
20 approved and their priority. In the case of authorized and
21 ongoing projects, the Board of Agricultural Advisors shall
22 recommend to the Director the continuation or cancellation of
23 such projects.
24 When the Director, the Board of Agricultural Advisors,
25 and the Fertilizer Research and Education Council approve a
26 project and subject to available appropriations, the Director
27 shall approve grant funds to the person originating the
28 proposal.
29 (Source: P.A. 86-232.)
30 (505 ILCS 80/6b) (from Ch. 5, par. 55.6b)
31 Sec. 6b. Fertilizer Control Fund. The Fertilizer
32 Control Fund is created as a special fund in the State
33 treasury. All license, inspection, penalty, and other fees
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1 collected by the Department under this Act or rules shall be
2 deposited into the Fertilizer Control Fund. The amount
3 annually collected as fees shall be appropriated by the
4 General Assembly to the Department for activities related to
5 the administration of this Act.
6 The Department shall apply 50% of the per ton inspection
7 fee to the operation of the Fertilizer Research and Education
8 Program. The amount annually deposited in the Fertilizer
9 Control Fund shall be appropriated for the operation of the
10 Fertilizer Research and Education Program. These moneys The
11 monies appropriated to the Department shall be used for
12 expenses consistent with carrying out the purpose and intent
13 of the program, which include council expenses, peer review,
14 and contracts grants to persons for research or education
15 projects and costs associated with general operating
16 expenses, such as administrative support, travel,
17 commodities, and printing. The Department shall receive 3%
18 of the 50%. The Department shall be entitled to apply up to
19 3% of the annual amount deposited in the Fertilizer Control
20 Fund for operating expenses.
21 (Source: P.A. 86-232; 87-14.)
22 (505 ILCS 80/7) (from Ch. 5, par. 55.7)
23 Sec. 7. Inspection, sampling, analysis.
24 (a) It is the duty of the Director, who may act through
25 his authorized agent, to sample, inspect, make analyses
26 analysis of, and test commercial fertilizers and custom mixes
27 a time and place and to such an extent
29 as he or she may deem as he considers necessary to determine
30 whether such fertilizers commercial fertilizers or custom
31 mixes are in compliance with the provisions of this Act. The
32 Director, individually or through his agent, is authorized to
33 enter upon any public or private premises or carriers during
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1 regular business hours in order to have access to commercial
2 fertilizers or custom mixes and to records relating to their
3 distribution and storage, subject to the provisions of this
4 Act and the its rules and regulations pertaining thereto.
5 (b) The methods of sampling and analysis and sampling
6 shall be those adopted by the official agency from sources
7 such as those of the Association of Official Analytical
8 Agricultural Chemists International. In cases not covered by
9 those methods or in cases where methods are available in
10 which improved applicability has been demonstrated, the
11 Director may adopt appropriate methods from other sources.
12 (c) The Director, in determining for administrative
13 purposes whether any commercial fertilizer or custom mix is
14 deficient in plant food, shall be guided solely by the
15 official sample as defined in paragraph (l) (k) of Section 3,
16 and obtained and analyzed as provided for in paragraph (b) of
17 Section 7.
18 (d) (Blank). The results of official analysis of any
19 commercial fertilizer or custom mix which has been found to
20 be subject to penalty or other legal action shall be
21 forwarded by the Director to the registrant at least 10 days
22 before the report is submitted to the purchaser. If during
23 that period no adequate evidence to the contrary is made
24 available to the Director, the report shall become official.
25 Upon request the Director shall furnish to the registrant a
26 portion of any sample found subject to penalty or other legal
27 action.
28 (e) The results of official analysis of fertilizers and
29 portions of official samples shall be distributed by the
30 Director as provided by rule. Official samples establishing a
31 nutrient deficiency shall be retained for a minimum of 30
32 days from the issuance of a deficiency report.
33 (f) Fertilizers, when blended, shall be uniformly mixed.
34
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1 (Source: P.A. 77-106.)
2 (505 ILCS 80/8) (from Ch. 5, par. 55.8)
3 Sec. 8. Plant food deficiency.
4 If any commercial fertilizer or custom mix offered for
5 sale in this State proves, upon official analysis, to be
6 deficient from its guaranteed analysis, monetary values
7 penalty shall be assessed against the registrant or licensee
8 manufacturer or custom mixer in accordance with the following
9 provisions:
10 (1) For a single ingredient fertilizer containing
11 nitrogen or phosphate or potash: when the nutrient value of
12 this ingredient is found to be deficient from the guarantee
13 to the extent of 3% and not over 5% of the total nutrient
14 value, the registrant shall be liable for the actual
15 deficiency in monetary value. When the deficiency exceeds 5%
16 of the total nutrient value, the assessment penalty shall be
17 3 times the actual monetary value of the shortage.
18 (2) For multiple ingredient fertilizers containing 2 or
19 more of the single ingredients: nitrogen or phosphate or
20 potash, deficiencies penalties shall be assessed according to
21 (a) or (b) as herein stated. When a multiple ingredient
22 fertilizer is subject to an assessment a penalty under both
23 (a) and (b) only the larger assessment penalty shall be
24 applied assessed.
25 (a) When the total combined nutrient values of the
26 nitrogen or available phosphate phosphoric acid or potash is
27 found to be deficient to the extent of 3% and not over 5%,
28 the registrant or licensee shall be liable for the actual
29 deficiency in total monetary value. When the deficiency
30 exceeds 5% of the total nutrient value, the assessment
31 penalty shall be 3 times the actual monetary value of the
32 shortage.
33 (b) When either the nitrogen, available phosphoric acid,
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1 or potash nutrient value is found deficient from the
2 guarantee to the extent of 20% up to the maximum of 4 units
3 (4% plant food), the registrant shall be liable for the
4 monetary value of such shortages.
5 (3) Deficiencies in any other constituent or
6 constituents covered under Section 3, paragraph (j) (i),
7 items B and, C, and D of this Act which the registrant is
8 required to or may guarantee shall be evaluated and monetary
9 values assessed by the Director and penalties therefor shall
10 be prescribed by the Director.
11 (a) (Blank). Nothing contained in this Section shall
12 prevent any person from appealing to a court of competent
13 jurisdiction for judgment as to the justification of such
14 penalties.
15 (b) All assessments penalties assessed under this
16 Section shall be paid to the consumer of the lot of
17 commercial fertilizer or custom mix purchased, and which is
18 represented by the sample analyzed, within one month 3 months
19 penalty shall be paid to the
23 Director who shall deposit the same in the Fertilizer Control
24 General Revenue Fund in the State Treasury.
25 (Source: Laws 1963, p. 2240.)
26 (505 ILCS 80/9) (from Ch. 5, par. 55.9)
27 Sec. 9. Commercial value. On the basis of information
28 secured from persons holding registrant's permit to sell
29 fertilizers in Illinois, The following values will be used
30 for purposes of assessing monetary values penalties as
31 provided by Section 8 of this Act:
32 Nitrogen $3.00 per unit (15¢ per pound)
33 Total P2O5 in Rock
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1 Phosphate .72 per unit (3.6¢ per pound)
2 Available Phosphate P2O5 2.00 per unit (10¢ per pound)
3 Soluble Potash 1.00 per unit (5¢ per pound).
4 In the event that the actual retail price is
5 substantially greater than the value as calculated at the
6 above rates, the assessment penalty shall be based on the
7 retail price. In addition, the Director may require that any
8 lot subject to a deficiency assessment penalty be returned to
9 the registrant and all costs involved in the return of such
10 goods shall be borne by the registrant. However, in the case
11 of bulk fertilizers, the person offering fertilizer for sale
12 in bulk shall be responsible for guaranteeing such fertilizer
13 and shall be liable for all deficiency assessments penalties
14 assessed under the provisions of Section 8.
15 (Source: P.A. 89-626, eff. 8-9-96.)
16 (505 ILCS 80/11) (from Ch. 5, par. 55.11)
17 Sec. 11. False or misleading statements. No person shall
18 distribute misbranded fertilizer. A fertilizer shall be
19 deemed to be misbranded if:
20 (1) Its labeling is false or misleading;
21 (2) It is distributed under the name of another
22 fertilizer product;
23 (3) It is not labeled as required in Section 5 of
24 this Act and in accordance with rules prescribed under
25 this Act; or
26 (4) It purports to be or is represented as a
27 fertilizer or is represented as containing a plant
28 nutrient or fertilizer, unless the plant nutrient or
29 fertilizer conforms to the representation.
30 A commercial fertilizer or custom mix is misbranded if it
31 carries any false or misleading statement upon or attached to
32 the container, or if false or misleading statements
33 concerning its agricultural value are made on the container
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1 or in any advertising matter accompanying or associated with
2 the commercial fertilizer or custom mix. It is unlawful to
3 distribute a misbranded commercial fertilizer or custom mix
4 only after a notice of hearing has been issued, served, a
5 hearing held, and opportunity is given for the defendant to
6 appeal to a court of competent jurisdiction from the decision
7 of the hearing, if he so elects, within a period of 10 days
8 after such hearing.
9 (Source: Laws 1961, p. 3085.)
10 (505 ILCS 80/11a new)
11 Sec. 11a. Adulteration. No person shall distribute an
12 adulterated fertilizer product. A fertilizer shall be deemed
13 to be adulterated if:
14 (1) it contains any deleterious or harmful
15 substance in sufficient amount to render it injurious to
16 beneficial plant life, animals, humans, aquatic life,
17 soil, or water when applied in accordance with directions
18 for use on the label; or, if adequate warning statements
19 or directions for use which may be necessary to protect
20 plant life, animals, humans, aquatic life, soil, or water
21 are not shown upon the label; or
22 (2) its composition falls below or differs from
23 that which it is purported to possess by its labeling; or
24 (3) it contains unwanted crop seed or weed seed.
25 (505 ILCS 80/12) (from Ch. 5, par. 55.12)
26 Sec. 12. Tonnage reports. The person transacting,
27 distributing or selling commercial fertilizer or custom mix
28 to a non-registrant or non-licensee will supply mail the
29 Director a summary report on or before the 10th day of each
30 month covering shipments made during the preceding month
31 showing the following information: name and county of the
32 consignee, and amount (tons) by grades, and analysis of
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1 commercial fertilizer or custom mix. This report may be made
2 on a special summary form provided by the Director or other
3 forms as approved by the Director. Specialty fertilizer sold
4 in packages weighing 10 5 pounds or less or in container of
5 4000 cubic centimeters or less, shall be reported but no
6 inspection fee will be charged. No information furnished
7 under this Section shall be disclosed by the Department in
8 such a way as to divulge the operation of any person.
9 (Source: P.A. 80-520.)
10 (505 ILCS 80/13) (from Ch. 5, par. 55.13)
11 Sec. 13. Publications.
12 The Director shall publish at least annually information
13 concerning the distribution of fertilizers semi-annually and
14 in such forms as he may deem proper:
15 (a) Information concerning the distribution of
16 commercial fertilizers and custom mixes by counties.
17 (b) Results of analysis based on official samples of
18 commercial fertilizers and custom mixes distributed within
19 the state as compared with the analysis guaranteed under
20 Sections 4 and 5.
21 (Source: Laws 1961, p. 3085.)
22 (505 ILCS 80/14) (from Ch. 5, par. 55.14)
23 Sec. 14. Rules and regulations.
24 (a) The Director is authorized to promulgate rules
25 governing the method of storage, application, distribution,
26 labeling, sampling, inspecting, analyzing, testing,
27 establishing tolerances, setting and collecting reasonable
28 charges for tests, and sampling fees. The Director may adopt
29 reasonable rules necessary to secure effective administration
30 of this Act.
31 (b) The official definitions of fertilizer material and
32 official fertilizer terms as adopted and published by the
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1 Association of American Plant Food Control Officials and any
2 amendments or supplements are the official definitions of
3 fertilizer ingredients and official fertilizer terms, except
4 as specially amended, modified, or rejected by a rule adopted
5 by the Director.
6 For the enforcement of this Act, the Director is
7 authorized, after due notice and public hearing, to prescribe
8 and to enforce such rules and regulations relating to the
9 distribution of commercial fertilizer or custom mix as he may
10 find necessary to carry into effect the full intent and
11 meaning of this Act.
12 (Source: Laws 1961, p. 3085.)
13 (505 ILCS 80/15) (from Ch. 5, par. 55.15)
14 Sec. 15. Short weight.
15 If any commercial fertilizer or custom mix in the
16 possession of the consumer is found by the Director to be
17 short in weight, the registrant or licensee of such
18 commercial fertilizer or custom mix shall, within 30 days
19 after official notice from the Director, pay to the consumer
20 a penalty equal to 4 times the value of the actual shortage.
21 (Source: Laws 1961, p. 3085.)
22 (505 ILCS 80/16) (from Ch. 5, par. 55.16)
23 Sec. 16. Cancellation, suspension, or refusal of
24 registrations. Following an administrative hearing, the
25 Director may refuse to register a fertilizer or cancel or
26 suspend a fertilizer registration if:
27 (1) the composition of the fertilizer does not warrant
28 the claims made;
29 (2) the fertilizer does not comply with the provisions
30 of this Act or its rules;
31 (3) the labeling or other materials required for
32 registration do not comply with the provisions of this Act or
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1 its rules;
2 (4) the registrant used fraudulent or deceptive
3 practices to secure registration. is authorized and empowered
4 to cancel the registration of any brand of commercial
5 fertilizer or custom mix or to refuse to register any brand
6 of commercial fertilizer or custom mix as herein provided,
7 upon satisfactory evidence that the registrant has used
8 fraudulent or deceptive practices in the evasions or
9 attempted evasions of the provisions of this Act or any rules
10 and regulations promulgated thereunder; however, no
11 registration shall be revoked or refused until the registrant
12 has been given the opportunity to appear for a hearing by the
13 Director.
14 (Source: Laws 1961, p. 3085.)
15 (505 ILCS 80/16a new)
16 Sec. 16a. Investigation; hearing; suspension. The
17 Department may, upon its own motion, and shall, upon the
18 verified complaint in writing of any person setting forth
19 facts that, if proved, would constitute grounds under Section
20 16, investigate the actions of any applicant, registrant, or
21 person claiming to be licensed under this Act. Before
22 refusing to issue, suspending, or revoking a registration,
23 the Department shall, at least 10 days before the date set
24 for the hearing, notify in writing the applicant for or
25 holder of a registration, called in this Section the
26 respondent, that a hearing will be held on the date
27 designated to determine whether the respondent is privileged
28 to be licensed. The written notice shall be served
29 personally on the respondent or by registered or certified
30 mail sent to the respondent's business address as shown in
31 his or her latest notification to the Department. Following
32 an administrative hearing, the Director may suspend or refuse
33 to issue a license when violation of this Act or its rules
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1 are found.
2 The Department, over the signature of the Director, is
3 authorized to subpoena and bring before the Department any
4 person or persons in this State and to take testimony orally,
5 by deposition, or by exhibit, with the same fees and mileage
6 and in the same manner prescribed by law in judicial
7 proceedings in civil cases in circuit courts of this State.
8 The Director is authorized to issue subpoenas duces tecum to
9 command the production of any or all records relating to the
10 person.
11 (505 ILCS 80/16b new)
12 Sec. 16b. Illinois Administrative Procedure Act. The
13 Illinois Administrative Procedure Act and the Illinois
14 Department of Agriculture administrative hearing rules shall
15 apply to this Act.
16 (505 ILCS 80/16c new)
17 Sec. 16c. Administrative review. All final
18 administrative decisions of the Department are subject to
19 judicial review under the provisions of Article III of the
20 Code of Civil Procedure and with rules of courts governing
21 civil trials. The term "administrative decision" is used as
22 defined in Section 3-101 of the Code of Civil Procedure.
23 (505 ILCS 80/16d new)
24 Sec. 16d. Administrative hearings and penalties.
25 Following an administrative hearing, any person found
26 violating or aiding in or abetting the violation of any
27 provisions of this Act or any provisions of any rule of the
28 Department issued under this Act shall pay the following
29 penalties:
30 (1) $500 for a first violation.
31 (2) $1,000 for a second violation within 2 years of the
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1 first violation.
2 (3) $1,500 for a third or subsequent violation within 3
3 years of the first violation.
4 Deficiency assessments, as prescribed in Section 8 of
5 this Act, are exempt from the penalties in this Section.
6 Before initiating an administrative hearing, the Director
7 may issue an advisory letter to a violator of this Act, or
8 its rules, allowing for voluntary correction of violations.
9 (505 ILCS 80/17) (from Ch. 5, par. 55.17)
10 Sec. 17. "Stop sale" orders.
11 The Director or his authorized agent may issue and
12 enforce a written or printed "stop sale, use, or removal"
13 order to the distributor owner or custodian of any lot of
14 commercial fertilizer or custom mix and to hold such lot at a
15 designated place when the Director finds such commercial
16 fertilizer or custom mix is being distributed offered or
17 exposed for sale in violation of any of the provisions of
18 this Act or its rules until the law has been complied with
19 and such commercial fertilizer or custom mix is released in
20 writing by the Director or such' violation has been otherwise
21 legally disposed of by written authority.
22 The Director shall release the stop sale order commercial
23 fertilizer or custom mix so withdrawn when the requirements
24 of the provisions of this Act and its rules have been
25 complied with and all costs and expenses incurred in
26 connection with the withdrawal have been paid.
27 (Source: P.A. 77-106.)
28 (505 ILCS 80/18a) (from Ch. 5, par. 55.18a)
29 Sec. 18a. Location and operation. (a) Before installing
30 commercial fertilizer facilities for the distribution or
31 storage of anhydrous ammonia or nitrogen solutions, the owner
32 shall apply to the Department for approval of the location of
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1 the facilities. Distribution and storage facilities shall be
2 in compliance with local zoning ordinances and the minimum
3 distance requirements for safe storage of anhydrous ammonia
4 or nitrogen solutions as established by Department rule.
5 Existing storage tanks installed prior to the effective date
6 of this amendatory Act of 1983 shall be exempt from the
7 requirements for location approval. Prior to any expansion
8 or modification of such existing storage tanks, written
9 approval shall be obtained from the Department and such tanks
10 shall meet current requirements as established by Department
11 rule.
12 (b) Authorized Department personnel may enter upon any
13 public or private premises during reasonable business hours
14 and inspect facilities, equipment and vehicles used in the
15 storage, and application equipment used in the and
16 distribution of fertilizer anhydrous ammonia and nitrogen
17 solutions and observe operations as necessary to determine
18 compliance with the provisions of this Act and the rules
19 promulgated hereunder. Department personnel may enter the
20 premises at any time when the health, safety or welfare of
21 the public is threatened by escaping gas, spills, fire,
22 damaged or faulty equipment, accident or act of God.
23 (c) The Department shall adopt rules and regulations
24 setting forth minimum safety standards covering the design,
25 construction, location, installation and operation of
26 equipment for storage, handling, use and transportation of
27 anhydrous ammonia and low pressure nitrogen solutions. Such
28 rules and regulations shall consist of those reasonably
29 necessary for the safety of the public, including persons
30 handling or using such materials, and shall be in substantial
31 conformity with the current nationally accepted safety
32 standards.
33 (d) The Director or his authorized agent may issue and
34 enforce a written stop use order to the owner or custodian of
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1 the facility upon a violation of this Act or the rules and
2 regulations. The Director shall terminate the stop use order
3 upon compliance with the requirements of this Act and its
4 rules and regulations.
5 (e) The Department may adopt rules and regulations
6 setting forth the requirements for the containment of
7 fertilizer products at commercial facilities, which may
8 include, but would not be limited to, the design, inspection,
9 construction, location, installation, and operation for the
10 storage and handling use of bulk liquid fertilizer, bulk dry
11 fertilizer, and nitrogen solutions as may be necessary for
12 the protection of ground water, the environment, and public
13 safety. The Department may establish fees for the inspection
14 of such containment facilities.
15 (Source: P.A. 85-1327.)
16 (505 ILCS 80/19) (from Ch. 5, par. 55.19)
17 Sec. 19. Injunction Violations. (a) (Blank). If it
18 appears from the examination of any commercial fertilizer or
19 custom mix that any of the provisions of this Act or the
20 rules and regulations issued thereunder have been violated,
21 the Director or his or her authorized agent shall cause
22 notice of the violations to be given to the registrant,
23 distributor or possessor from whom the sample was taken. Any
24 person so notified shall be given opportunity to be heard
25 under such rules and regulations as may be prescribed by the
26 Director. If it appears after such hearing, either in the
27 presence or absence of the person so notified, that any of
28 the provisions of this Act or rules and regulations issued
29 thereunder have been violated, the Director may certify the
30 facts to the proper prosecuting attorney. It shall be
31 unlawful for any person to distribute, store, transport or
32 use anhydrous ammonia or nitrogen solutions in violation of
33 this Act or the rules and regulations promulgated thereunder
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1 or to violate a stop use order issued by the Director.
2 (b) (Blank). Any person convicted of violating any
3 provisions of this Act or any of the rules or regulations
4 issued thereunder, or who impedes, obstructs, hinders or
5 otherwise prevents or attempts to prevent the Director, or
6 his or her duly authorized agent, in the performance of his
7 or her duty in connection with the provisions of this Act,
8 shall be guilty of a business offense punishable by a fine
9 not to exceed $1,000. In all prosecutions under this Act
10 involving the composition of a commercial fertilizer or
11 custom mix, a certified copy of the official analysis signed
12 by the Director shall be accepted as prima facie evidence of
13 the composition.
14 (c) (Blank). Nothing in this Act shall be construed as
15 requiring the Director or his or her representative to report
16 for prosecution or for the institution of seizure proceedings
17 as a result of minor violations of the Act if he or she
18 believes that the public interests will be served by a
19 suitable notice of warning in writing.
20 (d) (Blank). It shall be the duty of each State's
21 attorney to whom any violation is reported to cause
22 appropriate proceedings to be instituted and prosecuted in
23 the circuit court without delay.
24 (e) The Director is authorized to apply for and the
25 court is authorized to grant a temporary restraining order or
26 a preliminary or permanent injunction restraining any person
27 from violating or continuing to violate any of the provisions
28 of this Act or any rule or regulation promulgated under the
29 Act notwithstanding the existence of other remedies. The
30 injunction shall be entered without bond.
31 (Source: P.A. 83-1362.)
32 (505 ILCS 80/20a new)
33 Sec. 20a. Cooperation with other entities. The Director
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1 may cooperate with and enter into agreement with governmental
2 agencies of this State, other states, and agencies of the
3 Federal government in order to carry out the purpose and
4 provisions of this Act.
5 (505 ILCS 80/10 rep.)
6 (505 ILCS 80/18 rep.)
7 (505 ILCS 80/20 rep.)
8 Section 10. The Illinois Fertilizer Act of 1961 is
9 amended by repealing Sections 10, 18, and 20.
10 Section 99. Effective date. This Act takes effect July
11 1, 1999.
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1 INDEX
2 Statutes amended in order of appearance
3 505 ILCS 80/3 from Ch. 5, par. 55.3
4 505 ILCS 80/4 from Ch. 5, par. 55.4
5 505 ILCS 80/4a new
6 505 ILCS 80/5 from Ch. 5, par. 55.5
7 505 ILCS 80/6 from Ch. 5, par. 55.6
8 505 ILCS 80/6a from Ch. 5, par. 55.6a
9 505 ILCS 80/6b from Ch. 5, par. 55.6b
10 505 ILCS 80/7 from Ch. 5, par. 55.7
11 505 ILCS 80/8 from Ch. 5, par. 55.8
12 505 ILCS 80/9 from Ch. 5, par. 55.9
13 505 ILCS 80/11 from Ch. 5, par. 55.11
14 505 ILCS 80/11a new
15 505 ILCS 80/12 from Ch. 5, par. 55.12
16 505 ILCS 80/13 from Ch. 5, par. 55.13
17 505 ILCS 80/14 from Ch. 5, par. 55.14
18 505 ILCS 80/15 from Ch. 5, par. 55.15
19 505 ILCS 80/16 from Ch. 5, par. 55.16
20 505 ILCS 80/16a new
21 505 ILCS 80/16b new
22 505 ILCS 80/16c new
23 505 ILCS 80/16d new
24 505 ILCS 80/17 from Ch. 5, par. 55.17
25 505 ILCS 80/18a from Ch. 5, par. 55.18a
26 505 ILCS 80/19 from Ch. 5, par. 55.19
27 505 ILCS 80/20a new
28 505 ILCS 80/10 rep.
29 505 ILCS 80/18 rep.
30 505 ILCS 80/20 rep.