Full Text of SB2010 97th General Assembly
SB2010 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB2010 Introduced 2/10/2011, by Sen. Michael W. Frerichs SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Fertilizer Act of 1961. Makes changes to the definitions. Provides for labeling requirements for fertilizers or custom blends. Provides that it shall be unlawful for misbranding or for the adulteration of a fertilizer within the State. Provides that the Director may refuse to register a fertilizer or cancel or suspend a fertilizer registration, custom blend, or fertilizer if certain specified claims are made. Permits the Director to issue and serve a written stop sale, stop use, or regulate removal upon an owner, operator, manager, or agent in charge of fertilizer. Creates the Nutrient Research and Education Council (NREC) for the purpose of pursuing nutrient research and providing educational programs to ensure the adoption and implementation of practices that optimize nutrient use efficiency, ensure soil fertility, and address environmental concerns with regard to fertilizer use. Provides that the Department has the authority issue subpoenas, temporary restraining orders, preliminary or permanent injunctions against any person from violating or continuing to violate any provision of the Act. Provides for penalties based on type of violation. Makes other corresponding changes. Effective January 1, 2012.
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| 1 | | AN ACT concerning agriculture.
| 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 Sections 2, 3, 4, 5, 6, 6a, 6b, 7, 8, 10, 11, 12, | 6 | | 13, 14, 15, 16, 17, 18, 18a, 19, 20, and 21 and by adding | 7 | | Section 21.5 as follows:
| 8 | | (505 ILCS 80/2) (from Ch. 5, par. 55.2)
| 9 | | Sec. 2. Enforcing
official. The Director of the Department | 10 | | of Agriculture, hereinafter referred to as the "Director", | 11 | | shall administer this Act. This Act shall be administered by | 12 | | the Director of the Department of
Agriculture, hereinafter | 13 | | referred to as the "Director".
| 14 | | (Source: Laws 1961, p. 3085.)
| 15 | | (505 ILCS 80/3) (from Ch. 5, par. 55.3)
| 16 | | Sec. 3. Definitions of words and terms. When used in this | 17 | | Act unless the context otherwise requires:
| 18 | | "Anhydrous ammonia" means the compound formed by the | 19 | | combination of 2 gaseous elements, nitrogen and hydrogen, in | 20 | | the proportion of one part of nitrogen to 3 parts of hydrogen | 21 | | (NH 3) by volume. Anhydrous ammonia is a fertilizer of ammonia | 22 | | gas in compressed and liquified form. It is not aqueous ammonia |
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| 1 | | which is a solution of ammonia gas in water and which is | 2 | | considered a low-pressure nitrogen solution. | 3 | | "Blender" means any person or system engaged in the | 4 | | business of blending fertilizer. This includes both mobile and | 5 | | fixed equipment used to achieve this function. | 6 | | "Blending" means the physical mixing or combining of: one | 7 | | or more fertilizer materials and one or more filler materials; | 8 | | 2 or more fertilizer materials; 2 or more fertilizer materials | 9 | | and filler materials, including mixing through the | 10 | | simultaneous or sequential application of any of the outlined | 11 | | combinations listed in this definition, to produce a uniform | 12 | | mixture. | 13 | | "Brand" means a term, design, or trademark used in | 14 | | connection with one or several grades of commercial | 15 | | fertilizers. | 16 | | "Bulk" means any fertilizer distributed in a non-packaged | 17 | | form. | 18 | | "Custom blend" means a fertilizer blended according to | 19 | | specifications provided to a blender in a soil test nutrient | 20 | | recommendation or to meet the specific consumer request prior | 21 | | to blending. | 22 | | (a) The term "fertilizer material" means any substance | 23 | | containing
nitrogen, phosphorus, potash or any other | 24 | | recognized plant nutrient
element or compound which is used | 25 | | primarily for its plant nutrient
content or for compounding | 26 | | mixed fertilizers except unmanipulated animal
and vegetable |
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| 1 | | manures.
| 2 | | (b) The term "mixed fertilizer" means any combination or | 3 | | mixture of
fertilizer materials designed for use or claimed to | 4 | | have value in
promoting plant growth.
| 5 | | (c) The term "commercial fertilizer" means mixed | 6 | | fertilizer and/or
fertilizer materials except the following | 7 | | natural products: agricultural
limestone, marl, sea solids and | 8 | | unprocessed animal manure, which have
not been manipulated so | 9 | | as to alter or change them chemically and burnt
or hydrated | 10 | | lime, and sewage sludge produced by any sanitary district
shall | 11 | | not be subject to the provisions of this Act. Such term does | 12 | | not
include "custom mixes" as defined herein.
| 13 | | (d) The term "anhydrous ammonia"
means the compound formed | 14 | | by the combination of two gaseous elements, nitrogen
and | 15 | | hydrogen, in the proportion of one part of nitrogen to three | 16 | | parts of
hydrogen (NH 3) by volume. Anhydrous ammonia is a | 17 | | commercial fertilizer
of ammonia gas in compressed and | 18 | | liquified form.
It is not aqueous ammonia which is a solution | 19 | | of ammonia
gas in water and which is considered a low pressure | 20 | | nitrogen solution.
| 21 | | (e) The term "specialty fertilizer" means a commercial | 22 | | fertilizer
distributed primarily for nonfarm use, such as home | 23 | | gardens, lawns, shrubbery,
flowers, golf courses, municipal | 24 | | parks, cemeteries, green houses and nurseries,
and may include | 25 | | commercial fertilizer used for research or experimental | 26 | | purposes.
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| 1 | | (f) The term "bulk fertilizers" means 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 mixed at time of shipment to the | 5 | | specific order of the
consumer.
| 6 | | "Custom blender" (h) The term "custom mixer" means a person | 7 | | who produces and sells
custom blends mixes .
| 8 | | "Deficiency" means the amount of nutrient found by analysis | 9 | | less than that guaranteed that may result from a lack of | 10 | | nutrient ingredients or from lack of uniformity. | 11 | | "Department" means the Illinois Department of Agriculture. | 12 | | "Director" means the Director of Agriculture or a duly | 13 | | authorized representative. | 14 | | "Distribute" means to import, consign, manufacture, | 15 | | produce, store, transport, custom blend, compound, or blend | 16 | | fertilizer or to transfer from one container to another for the | 17 | | purpose of selling, giving away, bartering, or otherwise | 18 | | supplying fertilizer in this State. | 19 | | "Distributor operator" means any person who distributes. | 20 | | "Fertilizer" means any substance containing one or more of | 21 | | the recognized plant nutrient nitrogen, phosphate, potash, or | 22 | | those defined under 8 Ill. Adm. Code 210.20 that is used for | 23 | | its plant nutrient content and that is designed for use or | 24 | | claimed to have value in promoting plant growth, except | 25 | | unmanipulated animal and vegetable manures, sea solids, marl, | 26 | | lime, limestone, wood ashes, and other products exempted by |
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| 1 | | regulation by the Director. | 2 | | "Fertilizer material" means a fertilizer that either: | 3 | | (A) contains important quantities of no more than one | 4 | | of the primary plant nutrients: nitrogen (N), phosphate | 5 | | (P2O5), and potash (K2O); | 6 | | (B) has 85% or more of its plant nutrient content | 7 | | present in the form of a single chemical compound; or | 8 | | (C) is derived from a plant or animal residue or | 9 | | by-product or natural material deposit that has been | 10 | | processed in such a way that its content of plant nutrients | 11 | | has not been materially changed except by purification and | 12 | | concentration. | 13 | | (i) The term "brand" means a term, design, or trade mark used | 14 | | in
connection with one or several grades of commercial | 15 | | fertilizers.
| 16 | | (j) The term "guaranteed analysis" means the minimum | 17 | | percentages of
plant nutrients claimed in the following order | 18 | | and form:
| 19 | | A. Total Nitrogen (N) ..............................%
| 20 | | Available Phosphoric Acid (P2O5) ...................%
| 21 | | Soluble Potash (K2O) ....................................%
| 22 | | B. For unacidulated mineral phosphatic materials and basic | 23 | | slag,
both total and available phosphoric acid and the degree | 24 | | of fineness. For
bone, tankage, and other organic phosphatic | 25 | | materials, total phosphoric
acid.
| 26 | | C. Additional plant nutrients expressed as the elements, |
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| 1 | | when
permitted by regulation.
| 2 | | D. Potential basicity or acidity expressed in terms of | 3 | | calcium
carbonate equivalent in multiples of 100 pounds per | 4 | | ton, when required
by regulation.
| 5 | | "Grade" (k) The term "grade" means the minimum percentage | 6 | | of total nitrogen,
available phosphoric phosphate acid (P2O5) | 7 | | and soluble potash (K2O) stated in the whole numbers in the | 8 | | same terms, order, and percentages as in the guaranteed | 9 | | analysis, provided that specialty fertilizers may be | 10 | | guaranteed in fractional units of less than 1% of total | 11 | | nitrogen, available phosphate, and soluble potash and that | 12 | | fertilizer materials, bone meal, manures, and similar | 13 | | materials may be guaranteed in fractional units
order given in | 14 | | this definition .
| 15 | | "Investigational allowance" means an allowance for | 16 | | variations inherent in the taking, preparation, and analysis of | 17 | | an official sample of fertilizer. | 18 | | "Label" means the display of all written, printed, or | 19 | | graphic matter upon the immediate container or a statement | 20 | | accompanying a fertilizer. | 21 | | "Labeling" means all (i) written, written, printed, or | 22 | | graphic matter upon or accompanying any fertilizer or (ii) | 23 | | advertisements, Internet, brochures, posters, and television | 24 | | and radio announcements used in promoting the sale of | 25 | | fertilizer. | 26 | | "Local legislation" means, but is not limited to, any |
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| 1 | | ordinance, motion, resolution, amendment, regulation, or rule | 2 | | adopted by a political subdivision. | 3 | | "Lot" means an identifiable quantity of fertilizer that can | 4 | | be sampled according to AOAC International procedures, such as, | 5 | | the amount contained in a single vehicle, the amount delivered | 6 | | under a single invoice, or in the case of bagged fertilizer, | 7 | | not more than 25 tons. | 8 | | (l) The term "official sample" means any sample of | 9 | | commercial
fertilizer or custom mix taken by the Director or | 10 | | his agent and
designated as "official" by the Director.
| 11 | | (m) The term "ton" means a net weight of 2000 pounds | 12 | | avoirdupois.
| 13 | | (n) The term "per cent" or "percentage" means the | 14 | | percentage by
weight.
| 15 | | (o) The term "person" means any individual, partnership,
| 16 | | association, firm and corporation.
| 17 | | (p) The term "distribute" means to offer for sale, sell, | 18 | | barter, store,
handle, transport or
otherwise supply | 19 | | commercial fertilizers or custom mix. The term
"distributor" | 20 | | means any person who distributes.
| 21 | | (q) Words importing the singular number may extend and be | 22 | | applied to
several persons or things and words importing the | 23 | | plural number may
include the singular.
| 24 | | (r) The term "registrant" means the person who registers | 25 | | commercial
fertilizer or custom mix under the provisions of | 26 | | this Act.
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| 1 | | (s) The term " Low-pressure nitrogen solution" means a low | 2 | | pressure solution containing
2 per cent or more by weight of | 3 | | free ammonia and/or having vapor pressure
of 5 pounds or more | 4 | | per square inch gauge at 104° F.
| 5 | | "Mixed fertilizer" means any combination or mixture of | 6 | | fertilizer materials designed for use or claimed to have value | 7 | | in promoting plant growth. | 8 | | "Official sample" means any sample of fertilizer taken by | 9 | | the Director or his agent and designated as official by the | 10 | | Director. | 11 | | "On Farm Anhydrous Ammonia Storage Facility" means a site | 12 | | where anhydrous ammonia fertilizer is stored for | 13 | | non-commercial purposes. | 14 | | "Per cent" or "percentage" means the percentage by
weight. | 15 | | "Person" means any individual, partnership,
association, | 16 | | firm and corporation. | 17 | | "Registrant" means the person who registers
fertilizer and | 18 | | obtains a license under the provisions of this Act. | 19 | | "Specialty fertilizer" means a fertilizer distributed | 20 | | primarily for nonfarm use, such as home gardens, lawns, | 21 | | shrubbery, flowers, golf courses, municipal parks, cemeteries, | 22 | | green houses and nurseries, and may include fertilizer used for | 23 | | research or experimental purposes. | 24 | | "Ton" means a net weight of 2,000 pounds avoirdupois. | 25 | | (t) The term "Department" means the Illinois Department of | 26 | | Agriculture.
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| 1 | | (u) The term "Director" means the Director of the Illinois | 2 | | Department
of Agriculture or a duly authorized representative.
| 3 | | (Source: P.A. 83-586.)
| 4 | | (505 ILCS 80/4) (from Ch. 5, par. 55.4)
| 5 | | Sec. 4. Registration.
| 6 | | (a) Each brand and grade of commercial fertilizer shall be | 7 | | registered in the name of that person whose name appears upon | 8 | | the label
before being distributed in this State. The | 9 | | application for registration
shall be submitted with a label or | 10 | | facsimile of same to the Director on
form furnished by the | 11 | | Director, and shall be accompanied by a fee of $20 $10 per
| 12 | | grade within a brand. Upon approval by the Director a copy of | 13 | | the
registration shall be furnished to the applicant. All | 14 | | registrations expire
on December 31 of each year.
| 15 | | The application shall include the following information:
| 16 | | (1) The net weight
| 17 | | (2) The brand and grade
| 18 | | (3) The guaranteed analysis
| 19 | | (4) The name and address of the registrant.
| 20 | | (b) A distributor shall not be required to register any | 21 | | brand of
commercial fertilizer or custom blend mix which is | 22 | | already registered under this
Act by another person.
| 23 | | (c) The plant nutrient content of each and every commercial | 24 | | fertilizer
must remain uniform for the period of registration | 25 | | and, in no case, shall
the percentage of any guaranteed plant |
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| 1 | | nutrient element be changed in such
a manner that the | 2 | | crop-producing quality of the commercial fertilizer is
| 3 | | lowered.
| 4 | | (d) Each distributor performing one or more acts of | 5 | | distribution as defined under Section 3 custom mixer shall | 6 | | register annually with the Director on forms
furnished by the | 7 | | Director. The application for registration shall be
| 8 | | accompanied by a fee of $100 and shall remit an additional $50 | 9 | | per distribution site if the site is registered under the same | 10 | | business name $50, unless the custom mixer elects
to register
| 11 | | each mixture, paying a fee of $10 per mixture . Upon approval
by | 12 | | the
Director, a copy of the registration shall be furnished to | 13 | | the applicant.
All registrations expire on December 31 of each | 14 | | year.
| 15 | | (d-5) Each On Farm Anhydrous Ammonia Storage Facility | 16 | | operator shall register annually with the Director on forms | 17 | | furnished by the Director. The application for registration | 18 | | shall be accompanied by a fee of $50 and shall remit an | 19 | | additional $25 per site registered under the same farm operator | 20 | | name. Upon approval by the Director, a copy of the registration | 21 | | shall be furnished to the applicant. All registrations expire | 22 | | on December 31 of each year. | 23 | | (e) A custom blend mix as defined in Section 3 section | 24 | | 3(f) , prepared for one consumer
shall not be co-mingled with | 25 | | the custom blended mixed fertilizer prepared for
another | 26 | | consumer.
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| 1 | | (f) All fees collected pursuant to this Section shall be | 2 | | paid to the Fertilizer Control Fund for activities related to | 3 | | the administration and enforcement of this Act paid into the
| 4 | | State treasury .
| 5 | | (Source: P.A. 93-32, eff. 7-1-03.)
| 6 | | (505 ILCS 80/5) (from Ch. 5, par. 55.5)
| 7 | | Sec. 5. Labeling.
| 8 | | (a) Any commercial fertilizer or custom blend mix | 9 | | distributed in this State in non-bulk
containers shall have | 10 | | placed on or affixed to the container a label setting
forth in | 11 | | clearly legible form the following information : required by | 12 | | Items (1), (2),
(3), and (4) of paragraph (a) of Section 4.
| 13 | | (1) net weight; | 14 | | (2) brand and grade; provided, that the grade shall not | 15 | | be required when no primary nutrients are claimed; | 16 | | (3) guaranteed analysis; | 17 | | (4) directions for use for the fertilizer distributed | 18 | | to the end user; and | 19 | | (5) name and address of the registrant. | 20 | | In the case of bulk shipments as a brand or grade of | 21 | | fertilizer, this information in a written or printed form shall | 22 | | accompany delivery of each load and be supplied to the | 23 | | purchaser at time of delivery. | 24 | | (b) (Blank). If distributed in bulk as a brand or grade of | 25 | | fertilizer, a written
or printed statement of the information |
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| 1 | | required by items (1), (2), (3),
and (4) of paragraph (a) of | 2 | | Section 4 shall accompany delivery of each load
and be supplied | 3 | | to the purchaser at time of delivery.
| 4 | | (c) If distributed in bulk as a custom blend mixed | 5 | | fertilizer, a written or
printed statement shall accompany | 6 | | delivery of each load and be supplied to
the purchaser at time | 7 | | of delivery and must carry information as follows:
| 8 | | 1. Weight of each commercial fertilizer used in the custom | 9 | | blend mixing .
| 10 | | 2. The guaranteed analysis of each commercial fertilizer | 11 | | used in the
custom blend mixing .
| 12 | | 3. Total weight of fertilizer delivered in each load.
| 13 | | 4. Name and address of the person selling the fertilizer.
| 14 | | (d) A custom blended mixed fertilizer shall be intimately | 15 | | and uniformly mixed.
The Director, in determining for | 16 | | administrative purposes whether a custom blend
mix is | 17 | | intimately and uniformly mixed, shall compute the analysis of | 18 | | the
load of custom blended mixed fertilizer from the | 19 | | information required by Items (1),
(2), and (3) of paragraph | 20 | | (c) of this section. | 21 | | (e) Each lot of fertilizer shall display identification in | 22 | | a manner that includes, but is not limited to, numerical, | 23 | | alphabetical, date of manufacture, or a combination that | 24 | | distinguishes it from that of other lots distributed. | 25 | | (f) Fertilizer materials not defined by AAPFCO may be used | 26 | | as fertilizer materials if the registrant furnishes an |
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| 1 | | acceptable definition, AOAC International or other appropriate | 2 | | method of analysis, heavy metal analysis, and agronomic data | 3 | | when deemed necessary.
| 4 | | (Source: Laws 1963, p. 2240.)
| 5 | | (505 ILCS 80/6) (from Ch. 5, par. 55.6)
| 6 | | Sec. 6. Inspection fees.
| 7 | | (a) There shall be paid to the Director for all commercial | 8 | | fertilizers
or custom blend mix distributed in this State an | 9 | | inspection fee at the rate of 15˘
25˘ per ton. Sales to | 10 | | manufacturers or exchanges between them are
hereby
exempted | 11 | | from the inspection fee.
| 12 | | On individual packages of commercial or custom mix or | 13 | | specialty
fertilizers containing 5 pounds or less, or if in | 14 | | liquid form containers of
4,000 cubic centimeters or less, | 15 | | there shall be paid instead of the 15˘
25˘ per ton inspection | 16 | | fee, an annual inspection fee of $50 $25 for
each
grade within | 17 | | a brand sold or distributed. Where a person sells commercial
or | 18 | | custom mix or specialty fertilizers in packages of 5 pounds or | 19 | | less, or
4,000 cubic centimeters or less if in liquid form, and | 20 | | also sells in larger
packages than 5 pounds or liquid | 21 | | containers larger than 4,000 cubic
centimeters, this annual | 22 | | inspection fee of $50 $25 applies only to that portion
sold in | 23 | | packages of 5 pounds or less or 4,000 cubic centimeters or | 24 | | less,
and that portion sold in larger packages or containers | 25 | | shall be subject to
the same inspection fee of 15˘ 25˘ per ton |
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| 1 | | as provided in this Act. The
increased fees shall be effective | 2 | | after June 30, 1989.
| 3 | | (b) Every person who distributes a commercial fertilizer or | 4 | | custom blend mix
in this State shall file with the Director, on | 5 | | forms furnished by the
Director, a semi-annual statement for | 6 | | the periods ending June 30 and
December 31, setting forth the | 7 | | number of net tons of each grade of
commercial fertilizers | 8 | | within a brand or the net tons of custom blend mix
distributed. | 9 | | The report shall be due on or before the 30th 15th day of the | 10 | | month
following the close of each semi-annual period and upon | 11 | | the statement
shall pay the inspection fee at the rate stated | 12 | | in paragraph (a) of this
Section.
| 13 | | The 15˘ One half of the 25˘ per ton inspection fee shall be | 14 | | paid into the
Fertilizer Control Fund and all other fees | 15 | | collected under this
Section shall be paid into the State | 16 | | treasury .
| 17 | | If the tonnage report is not filed and the payment of | 18 | | inspection fee is
not made within 30 days after the end of the | 19 | | semi-annual period, a
collection fee amounting to 15% 10% | 20 | | (minimum $15 $10 ) of the amount shall be
assessed against the | 21 | | registrant. The amount of fees due shall
constitute a debt and | 22 | | become the basis of a judgment against the
registrant. Upon the | 23 | | written request to the Director additional time may be
granted | 24 | | past the normal date of filing the semi-annual statement.
| 25 | | When more than one person is involved in the distribution | 26 | | of a
commercial fertilizer, the last registrant who distributes |
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| 1 | | to the
non-registrant (dealer or consumer) is responsible for | 2 | | reporting the
tonnage and paying the inspection fee.
| 3 | | (Source: P.A. 93-32, eff. 7-1-03.)
| 4 | | (505 ILCS 80/6a) (from Ch. 5, par. 55.6a)
| 5 | | Sec. 6a. Nutrient Research and Education Council. The | 6 | | Director is hereby authorized to ensure that distributors remit | 7 | | a designated fertilizer tonnage assessment to the Nutrient | 8 | | Research and Education Council (NREC) for the purpose of | 9 | | pursuing nutrient research and providing educational programs | 10 | | to ensure the adoption and implementation of practices that | 11 | | optimize nutrient use efficiency, ensure soil fertility, and | 12 | | address environmental concerns with regard to fertilizer use. | 13 | | The NREC may also participate in relevant demonstration and | 14 | | cost-share programs to enhance adoption and meet objectives of | 15 | | nutrient efficiency and stewardship programs supported by the | 16 | | NREC. | 17 | | The NREC shall be comprised of 9 persons, 3 representing | 18 | | the fertilizer industry, 3 persons representing grower | 19 | | organizations, one person representing the specialty | 20 | | fertilizer industry, one person representing the public at | 21 | | large and the Director or his or her designee. Members of the | 22 | | Council shall receive no compensation for their services, and | 23 | | the terms of the Council members, appointment process, and | 24 | | conduct of the meetings shall be outlined in the NREC bylaws | 25 | | and made available to the industry organizations. |
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| 1 | | The responsibilities of the NREC are to: | 2 | | (1) prioritize nutrient research needs and solicit | 3 | | research proposals to generate findings and make | 4 | | recommendations to the Council based on the findings; | 5 | | (2) evaluate the proposed budget for each research | 6 | | project and make recommendations as necessary; | 7 | | (3) arrange for peer review of all research proposals | 8 | | for scientific merit and methods; | 9 | | (4) report the findings of all research projects at | 10 | | industry conferences, publish the findings and implement | 11 | | educational programs to apply the research recommendations | 12 | | in agricultural production systems and in consumer use | 13 | | markets where appropriate; | 14 | | (5) engage in outreach and field level trials and | 15 | | educational programs with growers and consumers and | 16 | | publicize these events; and | 17 | | (6) where practical, cooperate with other programs | 18 | | with similar goals. | 19 | | The Council shall set the fertilizer tonnage assessment for | 20 | | the purpose of funding the NREC at no less than 50 cents per | 21 | | ton and no greater than $3.00 per ton to fund, administer, | 22 | | publish, and implement the research, education, and outreach | 23 | | programs designated each year by the Council. By December 31 of | 24 | | each year, the Council shall report to the Director the amount | 25 | | of the annual tonnage assessment to be collected the following | 26 | | year from distributors. |
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| 1 | | Assessments collected from distributors are payable | 2 | | directly to the NREC on a semi-annual basis. This payment shall | 3 | | coincide with the reporting of the tonnage data and the | 4 | | remittance of the inspection fee to the Department. If the NREC | 5 | | assessment is not made to the Council under this Section, then | 6 | | the Director may rescind the license of the distributor. The | 7 | | Council may enter into an agreement with the Director to | 8 | | establish random audits of distributors to assure accurate | 9 | | remittance of the NREC assessment. The NREC may also enter into | 10 | | contracts with other entities approved by the Council for the | 11 | | purposes of fulfilling the objectives of the NREC. The | 12 | | Department is hereby authorized to establish a program
and | 13 | | expend appropriations for a fertilizer research and education | 14 | | program
dealing with the relationship of fertilizer use to soil | 15 | | management,
soil fertility, plant nutrition problems, and for | 16 | | research on
environmental concerns which may be related to | 17 | | fertilizer usage; for the
dissemination of the results of such | 18 | | research; and for other designated
activities including | 19 | | educational programs to promote the correct and
effective usage | 20 | | of fertilizer materials.
| 21 | | To assist in the development and administration of the | 22 | | fertilizer
research and education program, the Director is | 23 | | authorized to establish a
Fertilizer Research and Education | 24 | | Council consisting of 9 persons. This
council shall be | 25 | | comprised of 3 persons representing the fertilizer
industry, 3 | 26 | | persons representing crop production, and 2 persons
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| 1 | | representing the public at large. In the appointment of persons | 2 | | to the
council, the Director shall consult with representative | 3 | | persons and
recognized organizations in the respective fields | 4 | | concerning such
appointments. The Director or his | 5 | | representative from the Department shall act
as chairman of the | 6 | | council. The Director shall call meetings thereof from
time to | 7 | | time or when requested by 3 or more appointed members of the | 8 | | council.
| 9 | | The responsibilities of the Fertilizer Research and | 10 | | Education Council are to:
| 11 | | (a) solicit research and education projects consistent | 12 | | with the scope of
the established fertilizer research and | 13 | | education program;
| 14 | | (b) review and arrange for peer review of all research | 15 | | proposals for
scientific merit and methods, and review or | 16 | | arrange for the review of all
proposals for their merit, | 17 | | objective, methods and procedures;
| 18 | | (c) evaluate the proposed budget for the projects and | 19 | | make
recommendations as necessary; and
| 20 | | (d) monitor the progress of projects and report at | 21 | | least once each 6
months on each project's accomplishments | 22 | | to the Director and Board of
Agricultural Advisors.
| 23 | | The Fertilizer Research and Education Council shall at | 24 | | least annually
recommend projects to be approved and funded | 25 | | including recommendations on
continuation or cancellation of | 26 | | authorized and ongoing projects to the Board
of Agricultural |
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| 1 | | Advisors, which is created in Section 5-525 of the
Departments | 2 | | of State Government Law (20 ILCS 5/5-525). The Board of
| 3 | | Agricultural Advisors shall
review the proposed projects and | 4 | | recommendations of the Fertilizer Research
and Education | 5 | | Council and recommend to the Director what projects shall be
| 6 | | approved and their priority. In the case of authorized and | 7 | | ongoing
projects, the Board of Agricultural Advisors shall | 8 | | recommend to the
Director the continuation or cancellation of | 9 | | such projects.
| 10 | | When the Director, the Board of Agricultural Advisors, and | 11 | | the Fertilizer
Research and Education Council approve a project | 12 | | and subject to available
appropriations, the Director shall | 13 | | grant funds to the person originating the
proposal.
| 14 | | (Source: P.A. 91-239, eff. 1-1-00.)
| 15 | | (505 ILCS 80/6b) (from Ch. 5, par. 55.6b)
| 16 | | Sec. 6b.
The amount annually deposited in the Fertilizer | 17 | | Control Fund
shall be appropriated for the operation of the | 18 | | Fertilizer Research and
Education Program by the General | 19 | | Assembly to the Department for activities related to the | 20 | | enforcement of this Act .
| 21 | | These moneys shall be used
for expenses
consistent with | 22 | | carrying out the purpose and intent of the program, which
| 23 | | include council expenses, peer review, and contracts to persons
| 24 | | for research or education projects and costs
associated with | 25 | | general operating expenses, such as administrative support,
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| 1 | | travel, commodities, and printing. The Department shall | 2 | | receive 3% of the annual amount deposited in the Fertilizer | 3 | | Control
Fund.
| 4 | | (Source: P.A. 91-754, eff. 7-1-00.)
| 5 | | (505 ILCS 80/7) (from Ch. 5, par. 55.7)
| 6 | | Sec. 7.
Inspection,
sampling, analysis.
| 7 | | (a) It is the duty of the Director, who may act through his | 8 | | authorized
agent, to sample, inspect, make analysis of, and | 9 | | test commercial
fertilizers and custom mixes distributed | 10 | | within this State at a time and
place and to such an extent as | 11 | | the Director he considers necessary to determine whether
such | 12 | | commercial fertilizers or custom mixes are in compliance with | 13 | | the
provisions of this Act. The Director, individually or | 14 | | through his agent, is
authorized to enter upon any public or | 15 | | private premises during regular
business hours in order to have | 16 | | access to commercial fertilizers or custom
mixes and to records | 17 | | relating to their distribution subject to the
provisions of | 18 | | this Act and the rules and regulations pertaining thereto.
| 19 | | (b) The methods of analysis and sampling shall be those | 20 | | adopted by the
official agency from sources such as those of | 21 | | the Association of Official Analytical
Agricultural Chemists.
| 22 | | (c) The Director, in determining for administrative | 23 | | purposes whether any
commercial fertilizer or custom mix is | 24 | | deficient in plant food, shall be
guided solely by the official | 25 | | sample as defined in paragraph (k) of Section
3, and obtained |
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| 1 | | and analyzed as provided for in this Section paragraph (b) of | 2 | | Section 7 .
| 3 | | (d) The results of official analysis of any commercial | 4 | | fertilizer or
custom mix which has been found to be subject to | 5 | | penalty or other legal
action shall be forwarded by the | 6 | | Director to the registrant at least 10
days before the report | 7 | | is submitted to the purchaser. If during that period
no | 8 | | adequate evidence to the contrary is made available to the | 9 | | Director, the
report shall become official. Upon request the | 10 | | Director shall furnish to
the registrant a portion of any | 11 | | sample found subject to penalty or other
legal action.
| 12 | | (Source: P.A. 77-106.)
| 13 | | (505 ILCS 80/8) (from Ch. 5, par. 55.8)
| 14 | | Sec. 8.
Plant food
deficiency.
| 15 | | If any commercial fertilizer or custom mix offered for sale | 16 | | in this
State proves, upon official analysis, to be deficient | 17 | | from its guaranteed
analysis, penalty shall be assessed against | 18 | | the manufacturer or custom blender
mixer in accordance with the | 19 | | following provisions:
| 20 | | (1) When the value for a single ingredient fertilizer | 21 | | containing nitrogen, available phosphate, or soluble potash is | 22 | | found to be deficient from the guarantee to the extent of 3% to | 23 | | 5% of the total value For a single ingredient fertilizer | 24 | | containing nitrogen or phosphate
or potash: when the value of | 25 | | this ingredient is found to be deficient from
the guarantee to |
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| 1 | | the extent of 3% and not over 5% of the total value , the
| 2 | | registrant shall be liable for the actual deficiency in value. | 3 | | When the
deficiency exceeds 5% of the total value, the penalty | 4 | | shall be 3 times the
actual value of the shortage.
| 5 | | (2) For multiple ingredient fertilizers containing 2 or | 6 | | more of the
single ingredients: nitrogen or phosphate or | 7 | | potash, penalties shall be
assessed according to (a) or (b) as | 8 | | herein stated. When a multiple
ingredient fertilizer is subject | 9 | | to a penalty under both (a) and (b) only
the larger penalty | 10 | | shall be assessed.
| 11 | | (a) When the total combined values of the nitrogen or | 12 | | available phosphate
phosphoric acid or potash is found to be | 13 | | deficient to the extent of 3% to 5% 3% and
not over 5% , the | 14 | | registrant shall be liable for the actual deficiency in
total | 15 | | value. When the deficiency exceeds 5% of the total value, the | 16 | | penalty
shall be 3 times the actual value of the shortage.
| 17 | | (b) When either the nitrogen, available phosphate | 18 | | phosphoric acid , or potash value
is found deficient from the | 19 | | guarantee to the extent of 20% up to the
maximum of 4 units (4% | 20 | | plant food), the registrant shall be liable for the
value of | 21 | | such shortages.
| 22 | | (3) Deficiencies in any other constituent or constituents | 23 | | covered under
Section 3, paragraph (i), items B, C, and D of | 24 | | this Act which the
registrant is required to or may guarantee | 25 | | shall be evaluated by the
Director and penalties therefor shall | 26 | | be prescribed by the Director.
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| 1 | | (a) Nothing contained in this Section shall prevent any | 2 | | person from
appealing to a court of competent jurisdiction for | 3 | | judgment as to the
justification of such penalties.
| 4 | | (b) All penalties assessed under this Section shall be paid | 5 | | to the
consumer of the lot of commercial fertilizer or custom | 6 | | blend mix purchased, and
which is represented by the sample | 7 | | analyzed, within 3 months after the date
of notice from the | 8 | | Director to the registrant. Receipts shall be taken
therefor | 9 | | and promptly forwarded to the Director. If such consumers | 10 | | cannot
be found, the amount of the penalty shall be paid to the | 11 | | Director who shall
deposit the same in the General Revenue Fund | 12 | | in the State Treasury.
| 13 | | (Source: Laws 1963, p. 2240.)
| 14 | | (505 ILCS 80/10) (from Ch. 5, par. 55.10)
| 15 | | Sec. 10.
Minimum
plant food content.
| 16 | | No superphosphate containing less than 18% available | 17 | | phosphate phosphoric acid nor
any mixed fertilizer or custom | 18 | | blend mix , other than a custom blend mix consisting in
part of | 19 | | unacidulated mineral phosphatic materials, in which the sum of | 20 | | the
guarantees for the nitrogen, available phosphate | 21 | | phosphoric acid , and soluble potash
totals less than 20% shall | 22 | | be distributed in this State. Specialty
fertilizers are exempt | 23 | | from minimum plant food requirements for mixed
fertilizers and | 24 | | custom blends mixes .
| 25 | | (Source: Laws 1961, p. 3085.)
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| 1 | | (505 ILCS 80/11) (from Ch. 5, par. 55.11)
| 2 | | Sec. 11.
Misbranding or adulteration. False or
misleading | 3 | | statements.
| 4 | | (a) It is unlawful for any person to distribute a | 5 | | fertilizer that is misbranded or adulterated within this State. | 6 | | A fertilizer shall be deemed misbranded if: | 7 | | (1) its labeling is false or misleading in any | 8 | | particular; | 9 | | (2) it is distributed under the name of another | 10 | | fertilizer product; | 11 | | (3) it is not labeled as required by this Act or its | 12 | | rules; or | 13 | | (4) it purports to be or is represented as a | 14 | | fertilizer, or is represented as containing a plant | 15 | | nutrient or fertilizer, unless such plant nutrient or | 16 | | fertilizer conforms to the definition of identity, if any, | 17 | | prescribed by regulation of the Director; in adopting such | 18 | | regulations the Director shall give due regard to commonly | 19 | | accepted definitions and official fertilizer terms such as | 20 | | those issued by the Association of American Plant Food | 21 | | Control Officials. | 22 | | (b) A fertilizer shall be deemed adulterated if: | 23 | | (1) it contains any deleterious or harmful substance in | 24 | | sufficient amount to render it injurious to beneficial | 25 | | plant life, animals, humans, aquatic life, soil, or water |
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| 1 | | when applied in accordance with directions for use on the | 2 | | label; or, if adequate warning statements or directions for | 3 | | use which may be necessary to protect plant life, animals, | 4 | | humans, aquatic life, soil, or water are not shown upon the | 5 | | label; | 6 | | (2)
its composition falls below or differs from that | 7 | | which it is purported to possess by its labeling; or | 8 | | (3) it contains unwanted crop seed or weed seed. A | 9 | | commercial fertilizer or custom mix is misbranded if it | 10 | | carries any
false or misleading statement upon or attached | 11 | | to the container, or if
false or misleading statements | 12 | | concerning its agricultural value are made
on the container | 13 | | or in any advertising matter accompanying or associated
| 14 | | with the commercial fertilizer or custom mix. It is | 15 | | unlawful to distribute
a misbranded commercial fertilizer | 16 | | or custom mix only after a notice of
hearing has been | 17 | | issued, served, a hearing held, and opportunity is given
| 18 | | for the defendant to appeal to a court of competent | 19 | | jurisdiction from the
decision of the hearing, if he so | 20 | | elects, within a period of 10 days after
such hearing.
| 21 | | (Source: Laws 1961, p. 3085.)
| 22 | | (505 ILCS 80/12) (from Ch. 5, par. 55.12)
| 23 | | Sec. 12. Tonnage reports and other fertilizer ; records. | 24 | | (a) Any person distributing fertilizer to a non-registrant | 25 | | in this State shall provide the Director with a summary report |
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| 1 | | on or before the 10th day of each month covering the shipments | 2 | | made during the preceding month of tonnage on a form, provided | 3 | | by the Director, for that purpose. If requested by the NREC, | 4 | | the person distributing fertilizer must also provide to the | 5 | | Director additional information pertinent to nutrient | 6 | | practices or fertilizer sales.
| 7 | | Specialty fertilizer sold in packages weighing 5
pounds or | 8 | | less or in container of 4000 cubic centimeters or less, shall
| 9 | | be reported but no inspection fee will be charged. No | 10 | | information
furnished under this Section shall be disclosed by | 11 | | the Department in
such a way as to divulge the operation of any | 12 | | person.
| 13 | | (b) Persons engaged in the sale of ammonium nitrate shall | 14 | | obtain the following information upon its distribution:
| 15 | | (1) the date of distribution;
| 16 | | (2) the quantity purchased;
| 17 | | (3) the license number of the purchaser's valid State | 18 | | or federal driver's license, or an equivalent number taken | 19 | | from another form of picture identification approved for | 20 | | purchaser identification by the Director; and
| 21 | | (4) the purchaser's name, current physical address, | 22 | | and telephone number.
| 23 | | Any retailer of ammonium nitrate may refuse to sell | 24 | | ammonium nitrate to any person attempting to purchase ammonium | 25 | | nitrate (i) out of season, (ii) in unusual quantities, or (iii) | 26 | | under suspect purchase patterns.
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| 1 | | (c) Records created under subsection (b) of this Section | 2 | | shall be maintained for a minimum of 2 years. Such records | 3 | | shall be available for inspection, copying, and audit by the | 4 | | Department as provided under this Act.
| 5 | | (Source: P.A. 95-219, eff. 8-16-07.)
| 6 | | (505 ILCS 80/13) (from Ch. 5, par. 55.13)
| 7 | | Sec. 13. Publications.
| 8 | | The Director shall publish at least semi-annually and in | 9 | | such forms as
he may deem proper:
| 10 | | (a) Information concerning the distribution of commercial | 11 | | fertilizers
and custom blends mixes by counties.
| 12 | | (b) Results of analysis based on official samples of | 13 | | commercial
fertilizers and custom blends mixes distributed | 14 | | within the state as compared with
the analysis guaranteed under | 15 | | Sections 4 and 5.
| 16 | | (Source: Laws 1961, p. 3085.)
| 17 | | (505 ILCS 80/14) (from Ch. 5, par. 55.14)
| 18 | | Sec. 14.
Rules and
regulations.
| 19 | | (a) For the enforcement of this Act, the Director is | 20 | | authorized, after due
notice and public hearing, to prescribe | 21 | | and to enforce such rules and
regulations relating to the | 22 | | distribution of fertilizers, commercial fertilizer or custom | 23 | | blends and the equipment, containers and storage of anhydrous | 24 | | ammonia, and low pressure nitrogen solutions
mix as he may be |
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| 1 | | find necessary to carry into effect the full intent and
meaning | 2 | | of this Act , including public safety and protection of the | 3 | | environment . | 4 | | (b) The official definitions of fertilizers and official | 5 | | fertilizer terms as adopted and published by the Association of | 6 | | American Plant Food Control Officials and any amendments or | 7 | | supplements thereto are the official definitions of | 8 | | fertilizers and official fertilizer terms, except insofar as | 9 | | specifically defined in Section 3 or amended, modified, or | 10 | | rejected by a rule adopted by the Director. | 11 | | (c) A unit of local government may not regulate the | 12 | | registration, packaging, labeling, sale, storage, | 13 | | distribution, use, and application of fertilizers used in | 14 | | agricultural production in a manner more restrictive than the | 15 | | regulation of fertilizer by the State under this Act.
| 16 | | (Source: Laws 1961, p. 3085.)
| 17 | | (505 ILCS 80/15) (from Ch. 5, par. 55.15)
| 18 | | Sec. 15.
Short
weight.
| 19 | | If any commercial fertilizer or custom blend mix in the | 20 | | possession of the
consumer is found by the Director to be short | 21 | | in weight, the registrant of
such commercial fertilizer or | 22 | | custom blend mix shall, within 30 days after
official notice | 23 | | from the Director, pay to the consumer a penalty equal to 4
| 24 | | times the value of the actual shortage.
| 25 | | (Source: Laws 1961, p. 3085.)
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| 1 | | (505 ILCS 80/16) (from Ch. 5, par. 55.16)
| 2 | | Sec. 16. Cancellation, suspension, or refusal of | 3 | | registrations and licenses. Cancellation of registrations.
| 4 | | The Director may refuse to register a fertilizer or cancel | 5 | | or suspend a fertilizer registration, custom blend, or | 6 | | fertilizer license if: | 7 | | (1) the composition of the fertilizer does not warrant | 8 | | the claims made; | 9 | | (2) the fertilizer does not comply with the provisions | 10 | | of this Act or its rules; | 11 | | (3) the labeling or other materials required for | 12 | | registration do not comply with the provisions of this Act | 13 | | or its rules; | 14 | | (4) the registrant used fraudulent or deceptive | 15 | | practices to secure registration; | 16 | | (5) it is determined that a fertilizer poses a risk of | 17 | | unreasonable adverse effects to man or the environment; or | 18 | | (6) the registrant does not comply with the provisions | 19 | | of this Act or its rules. | 20 | | The registrant has the right to appear for a hearing before | 21 | | the Director to appeal any revocation, suspension, or refusal | 22 | | of registration or license under this Section. The Director is | 23 | | authorized and empowered to cancel the registration of
any | 24 | | brand of commercial fertilizer or custom mix or to refuse to | 25 | | register
any brand of commercial fertilizer or custom mix as |
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| 1 | | herein provided, upon
satisfactory evidence that the | 2 | | registrant has used fraudulent or deceptive
practices in the | 3 | | evasions or attempted evasions of the provisions of this
Act or | 4 | | any rules and regulations promulgated thereunder; however, no
| 5 | | registration shall be revoked or refused until the registrant | 6 | | has been
given the opportunity to appear for a hearing by the | 7 | | Director.
| 8 | | (Source: Laws 1961, p. 3085.)
| 9 | | (505 ILCS 80/17) (from Ch. 5, par. 55.17)
| 10 | | Sec. 17. Stop sale; use or removal order. | 11 | | (a) Whenever the Director finds that a fertilizer is being | 12 | | distributed in violation of this Act or its rules, he or she | 13 | | may issue and serve a written order to stop sale, stop use, or | 14 | | regulate removal upon an owner, operator, manager, or agent in | 15 | | charge of the fertilizer. | 16 | | (b) The Director shall provide the registrant, if different | 17 | | from the person served under subsection (a), with a copy of any | 18 | | order when corrective action appears to be the responsibility | 19 | | of the registrant. | 20 | | (c) If an owner, operator, manager, or agent is not | 21 | | available for service of an order upon him or her, the Director | 22 | | shall attach the order to the fertilizer and notify the | 23 | | registrant. | 24 | | (d) The Director shall remove or vacate an order by written | 25 | | notice when the violated provisions of this Act or its rules |
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| 1 | | have been complied with, the conditions specified have been | 2 | | met, or the violation has been otherwise disposed of by either | 3 | | administrative or judicial action and all costs and expenses | 4 | | incurred in connection with the withdrawal have been paid. | 5 | | (e) When the Director finds that a fertilizer being | 6 | | distributed in this State may be injurious to plants, animals, | 7 | | or man when used in accordance with label directions, he or she | 8 | | may issue an order to remove the fertilizer from the State and | 9 | | establish requirements to effect the expeditious removal of the | 10 | | fertilizer without adverse effects to man or the environment. | 11 | | "Stop sale"
orders.
| 12 | | The Director or his authorized agent may issue and enforce | 13 | | a written or
printed "stop sale, use, or removal" order to the | 14 | | owner or custodian of any
lot of commercial fertilizer or | 15 | | custom mix and to hold such lot at a
designated place when the | 16 | | Director finds such commercial fertilizer or
custom mix is | 17 | | being offered or exposed for sale in violation of any of the
| 18 | | provisions of this Act until the law has been complied with and | 19 | | such
commercial fertilizer or custom mix is released in writing | 20 | | by the Director
or such violation has been otherwise legally | 21 | | disposed of by written
authority.
| 22 | | The Director shall release the commercial fertilizer or | 23 | | custom mix so
withdrawn when the requirements of the provisions | 24 | | of this Act have been
complied with and all costs and expenses | 25 | | incurred in connection with the
withdrawal have been paid.
| 26 | | (Source: P.A. 77-106.)
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| 1 | | (505 ILCS 80/18) (from Ch. 5, par. 55.18)
| 2 | | Sec. 18.
Seizure,
condemnation and sale.
| 3 | | Any lot of commercial fertilizer or custom blend mix not in | 4 | | compliance with
the provisions of this Act shall be subject to | 5 | | seizure on complaint of the
Director or blend his authorized | 6 | | agent to the circuit court of the county in
which such | 7 | | commercial fertilizer or custom blend mix is located. In the | 8 | | event the
court finds such commercial fertilizer or custom | 9 | | blend mix to be in violation of
this Act and orders the | 10 | | condemnation of such commercial fertilizer or
custom blend mix , | 11 | | it shall be disposed of in any manner consistent with the
| 12 | | quality of the commercial fertilizer or custom blend mix and | 13 | | the laws of the
State. However, in no instance shall the | 14 | | disposition of such commercial
fertilizer or custom blend mix | 15 | | be ordered by the court without first giving the
claimant an | 16 | | opportunity to apply to the court for release of such
| 17 | | commercial fertilizer or custom blend mix or for permission to | 18 | | process or
re-label the commercial fertilizer or custom blend | 19 | | mix to bring it into
compliance with this Act.
| 20 | | (Source: P.A. 77-106.)
| 21 | | (505 ILCS 80/18a) (from Ch. 5, par. 55.18a)
| 22 | | Sec. 18a. Location and operation. | 23 | | (a) Before installing commercial
fertilizer facilities for | 24 | | the distribution or storage of anhydrous ammonia
or |
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| 1 | | low-pressure nitrogen solutions, the owner shall apply to the | 2 | | Department for approval
of the location of the facilities. | 3 | | Distribution and storage facilities
shall be in compliance with | 4 | | local zoning ordinances and the minimum distance
requirements | 5 | | for safe storage of anhydrous ammonia or low-pressure nitrogen | 6 | | solutions
as established by Department rule. Existing storage | 7 | | tanks installed prior
to the effective date of this amendatory | 8 | | Act of 1983 shall be exempt from
the requirements for location | 9 | | approval. Prior to any expansion or modification
of such | 10 | | existing storage tanks, written approval shall be obtained from
| 11 | | the Department and such tanks shall meet current requirements | 12 | | as established
by Department rule.
| 13 | | (b) Authorized Department personnel may enter upon any | 14 | | public or private
premises during reasonable business hours and | 15 | | inspect facilities, equipment
and vehicles used in the storage | 16 | | and distribution of anhydrous ammonia and low-pressure
| 17 | | nitrogen solutions and observe operations as necessary to | 18 | | determine compliance
with the provisions of this Act and the | 19 | | rules promulgated hereunder. Department
personnel may enter | 20 | | the premises at any time when the health, safety or
welfare of | 21 | | the public is threatened by escaping gas, spills,
fire, damaged | 22 | | 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 |
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| 1 | | anhydrous ammonia and low pressure nitrogen solutions. Such | 2 | | rules and
regulations shall consist of those reasonably | 3 | | necessary for the
safety of the public, including persons | 4 | | handling or using such materials,
and shall be in substantial | 5 | | conformity with the current nationally accepted
safety | 6 | | standards.
| 7 | | (d) The Director or his authorized agent may issue and | 8 | | enforce a written
stop use order to the owner or custodian of | 9 | | the facility upon a violation
of this Act or the rules and | 10 | | regulations. The Director shall terminate
the stop use order | 11 | | upon compliance with the requirements of this Act and
rules and | 12 | | regulations.
| 13 | | (e) The Department may adopt rules and regulations setting | 14 | | forth the
requirements for the containment of fertilizer | 15 | | products at commercial
facilities, which may include,
but would | 16 | | not be limited to, the design, inspection, construction, | 17 | | location,
installation, and operation for the storage and | 18 | | handling use of bulk liquid
fertilizer, bulk dry fertilizer, | 19 | | and low-pressure nitrogen solutions as may be necessary
for the | 20 | | protection of ground water, the environment, and public safety.
| 21 | | The Department may establish fees for the inspection of such | 22 | | containment
facilities.
| 23 | | (Source: P.A. 85-1327.)
| 24 | | (505 ILCS 80/19) (from Ch. 5, par. 55.19)
| 25 | | Sec. 19. Violations and prosecutions. Violations. |
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| 1 | | (a) If it appears from the examination of any commercial
| 2 | | fertilizer or
custom mix that any of the provisions of this Act | 3 | | or the rules and
regulations issued thereunder have been | 4 | | violated, the Director or his or her
authorized agent shall | 5 | | cause notice of the violations to be given to the
registrant, | 6 | | distributor or possessor from whom the sample was taken. Any
| 7 | | person so notified shall be given opportunity to be heard under | 8 | | such rules
and regulations as may be prescribed by the | 9 | | Director. If it appears after
such hearing, either in the | 10 | | presence or absence of the person so notified,
that any of the | 11 | | provisions of this Act or rules and regulations issued
| 12 | | thereunder have been violated, the Director may certify the | 13 | | facts to the
proper prosecuting attorney.
| 14 | | It shall be unlawful for any person to distribute, store, | 15 | | transport or
use anhydrous ammonia or low-pressure nitrogen | 16 | | solutions in violation of this Act or
the rules and regulations | 17 | | promulgated thereunder or to violate a stop use
order issued by
| 18 | | the Director.
| 19 | | (b) Any person convicted of violating any provisions of | 20 | | this Act or any
of the rules or regulations issued thereunder, | 21 | | or who impedes, obstructs,
hinders or otherwise prevents or | 22 | | attempts to prevent the Director, or his or her
duly authorized | 23 | | agent, in the performance of his or her duty in connection with
| 24 | | the provisions of this Act, shall be guilty of a business | 25 | | offense punishable
by a fine not less than $1,000 plus all | 26 | | costs for each violation to exceed $1,000 . In all
prosecutions |
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| 1 | | under this Act involving the composition of a commercial
| 2 | | fertilizer or custom mix, a certified copy of the official | 3 | | analysis signed
by the Director shall be accepted as prima | 4 | | facie evidence of the
composition.
| 5 | | (c) Nothing in this Act shall be construed as requiring the | 6 | | Director or
his or her representative to report for prosecution | 7 | | or for the institution of
seizure proceedings as a result of | 8 | | minor violations of the Act if
he or she
believes that a | 9 | | suitable notice of warning in writing will serve the public | 10 | | interests that the public interests will be served by a | 11 | | suitable notice of
warning in writing .
| 12 | | (d) It shall be the duty of each State's attorney to whom | 13 | | any violation
is reported to cause appropriate proceedings to | 14 | | be instituted and
prosecuted in the circuit court without | 15 | | delay.
| 16 | | (e) (Blank). The Director is authorized to apply for and | 17 | | the court is authorized
to grant a temporary restraining order | 18 | | or a preliminary or permanent injunction
restraining any person | 19 | | from
violating or continuing to violate any of the provisions | 20 | | of this Act or any
rule or regulation promulgated under the Act | 21 | | notwithstanding the existence
of other remedies. The | 22 | | injunction shall be entered without bond.
| 23 | | (Source: P.A. 83-1362.)
| 24 | | (505 ILCS 80/20) (from Ch. 5, par. 55.20)
| 25 | | Sec. 20.
Hearing; notice; injunction. |
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| 1 | | (a) The Department, over the signature of the Director, is | 2 | | authorized to issue subpoenas and bring before the Department | 3 | | any person or persons in this State to take testimony orally, | 4 | | by deposition, or by exhibit, in the same manner prescribed by | 5 | | law in judicial proceedings and civil cases in the circuit | 6 | | courts of this State. The Director is authorized to issue | 7 | | subpoenas duces tecum for records relating to a fertilizer | 8 | | distributor's or registrant's business. | 9 | | (b) The Department, over the signature of the Director, may | 10 | | apply to any court for a temporary restraining order or a | 11 | | preliminary or permanent injunction restraining any person | 12 | | from violating or continuing to violate any provision of this | 13 | | Act or its rules. An injunction issued under this Section shall | 14 | | be issued without bond. | 15 | | (c) When an administrative hearing is held, the hearing | 16 | | officer, upon determination of a violation of this Act, shall | 17 | | levy and the Department shall collect administrative penalties | 18 | | in addition to any initial penalty levied by this Act on a per | 19 | | occurrence basis as follows: | 20 | | (1) A penalty of $1000 shall be imposed for the | 21 | | following violations: | 22 | | (A) neglect or refusal, after notice in writing, to | 23 | | comply with provisions of this Act or its rules or any | 24 | | lawful order of the Director; or | 25 | | (B) sale, transport, disposal, or distribution of | 26 | | a fertilizer that has been placed under stop-sale |
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| 1 | | order. | 2 | | (2) A penalty of $500 shall be imposed for the | 3 | | following violations: | 4 | | (A) thwarting or hindering the Director in the | 5 | | performance of his or hers duties by misrepresenting or | 6 | | concealing facts or conditions; or | 7 | | (B) distribution of a fertilizer that is | 8 | | mislabeled or adulterated. | 9 | | (3) A penalty of $200 shall be imposed for the | 10 | | following violations: | 11 | | (A) distribution of a fertilizer that does not have | 12 | | an accompanying label attached or displayed; | 13 | | (B) failure to comply with any provisions of this | 14 | | Act or its rules; or | 15 | | (C) distribution in this State of any fertilizer | 16 | | containing noxious weed seed. | 17 | | All penalties collected by the Department under this | 18 | | Section shall be deposited into the Fertilizer Control Fund. | 19 | | Any penalty not paid within 60 days of notice from the | 20 | | Department shall be submitted to the Attorney General's office | 21 | | for collection. Exchanges
between manufacturers .
| 22 | | Nothing in this Act shall be construed to restrict or avoid | 23 | | sales or
exchanges of commercial fertilizers to each other by | 24 | | importers,
manufacturers or manipulators who mix fertilizer | 25 | | materials for sale or as
preventing the free and unrestricted | 26 | | shipments of commercial fertilizer to
manufacturers or |
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| 1 | | manipulators who have registered their brands as required
by | 2 | | the provisions of this Act.
| 3 | | (Source: Laws 1961, p. 3085.)
| 4 | | (505 ILCS 80/21) (from Ch. 5, par. 55.21)
| 5 | | Sec. 21. Exchanges between manufacturers | 6 | | Constitutionality . Nothing in this Act shall be construed to | 7 | | restrict or avoid sales or
exchanges of fertilizers to each | 8 | | other by importers,
manufacturers or blenders who mix | 9 | | fertilizer materials for sale or as
preventing the free and | 10 | | unrestricted shipments of fertilizer to
manufacturers or | 11 | | manipulators who have registered their brands as required
by | 12 | | the provisions of this Act.
| 13 | | If any clause, sentence, paragraph or part of this Act | 14 | | shall for any
reason be adjudged invalid by any court of | 15 | | competent jurisdiction, such
judgment shall not affect, impair | 16 | | or invalidate the remainder thereof but
shall be confined in | 17 | | its operation to the clause, sentence, paragraph or
part | 18 | | thereof directly involved in the controversy in which such | 19 | | judgment
shall have been rendered.
| 20 | | (Source: Laws 1961, p. 3085.)
| 21 | | (505 ILCS 80/21.5 new) | 22 | | Sec. 21.5. Constitutionality. If any clause, sentence, | 23 | | paragraph, or part of this Act shall for any reason be adjudged | 24 | | invalid by any court of competent jurisdiction, the judgment |
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| 1 | | shall not affect, impair, or invalidate the remainder thereof | 2 | | but shall be confined in its operation to the clause, sentence, | 3 | | paragraph, or part thereof directly involved in the controversy | 4 | | in which the judgment shall have been rendered.
| 5 | | Section 99. Effective date. This Act takes effect January | 6 | | 1, 2012.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 505 ILCS 80/2 | from Ch. 5, par. 55.2 | | 4 | | 505 ILCS 80/3 | from Ch. 5, par. 55.3 | | 5 | | 505 ILCS 80/4 | from Ch. 5, par. 55.4 | | 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 80/10 | from Ch. 5, par. 55.10 | | 13 | | 505 ILCS 80/11 | from Ch. 5, par. 55.11 | | 14 | | 505 ILCS 80/12 | from Ch. 5, par. 55.12 | | 15 | | 505 ILCS 80/13 | from Ch. 5, par. 55.13 | | 16 | | 505 ILCS 80/14 | from Ch. 5, par. 55.14 | | 17 | | 505 ILCS 80/15 | from Ch. 5, par. 55.15 | | 18 | | 505 ILCS 80/16 | from Ch. 5, par. 55.16 | | 19 | | 505 ILCS 80/17 | from Ch. 5, par. 55.17 | | 20 | | 505 ILCS 80/18 | from Ch. 5, par. 55.18 | | 21 | | 505 ILCS 80/18a | from Ch. 5, par. 55.18a | | 22 | | 505 ILCS 80/19 | from Ch. 5, par. 55.19 | | 23 | | 505 ILCS 80/20 | from Ch. 5, par. 55.20 | | 24 | | 505 ILCS 80/21 | from Ch. 5, par. 55.21 | | 25 | | 505 ILCS 80/21.5 new | |
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