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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
mixedfertilizers 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 containing28 nitrogen, phosphorus, potash or any other recognized29 plant nutrient element or compound which is used30 primarily for its plant nutrient content or for-2- LRB9103098LDmb 1 compounding mixed fertilizers except unmanipulated animal2 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 plant6 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 The13 term "commercial fertilizer" means mixed fertilizer and/or14 fertilizer materials except the following natural products:15 agricultural limestone, marl, sea solids and unprocessed16 animal manure, which have not been manipulated so as to alter17 or change them chemically and burnt or hydrated lime, and18 sewage sludge produced by any sanitary district shall not be19 subject to the provisions of this Act. Such term does not20 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 commercial30 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 commercialfertilizer used for research or 34 experimental purposes. -3- LRB9103098LDmb 1 (f) The term"Bulk fertilizers" means a commercial2 fertilizer or custom mixdistributed in a non-packaged form. 3 (g) The term"Custom mix" means a mixture of 2 or more 4 commercialfertilizers uniformly mixed at time of shipment to 5 the specific order of the consumer. 6 (h) (Blank). The term "custom mixer" means a person who7 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 commercial10 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 the19 degree of fineness. Forbone, 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 nutrients34 expressed as the elements, when permitted by regulation.-4- LRB9103098LDmb 1 D. Potential basicity or acidity expressed in terms of2 calcium carbonate equivalent in multiples of 100 pounds per3 ton, when required by regulation.4 (k) The term"Grade" means the minimumpercentage 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 order13 given in this definition. 14 (l) The term"Official sample" means any sample of 15 commercialfertilizer or custom mixtaken by the Director or16 his agentand designated as "official" by the Director. 17 (m) (Blank). The term "ton" means a net weight of 200018 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 commercial28 fertilizers or custom mix. The term "distributor" means any29 person who distributes. 30 (q) (Blank). Words importing the singular number may31 extend and be applied to several persons or things and words32 importing the plural number may include the singular.33 (r) The term"Registrant" means the person who registers 34 commercialfertilizer or custom mixunder the provisions of -5- LRB9103098LDmb 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. -6- LRB9103098LDmb 1 (a) Each brand and grade of commercialfertilizer 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 pergrade of 7 each within abrand. 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 weight12 (2) The guaranteed analysis. brand and grade13 (3) The name and address of the registrant. guaranteed14 analysis15 (4) The net weight name and address of the registrant. 16 (b) A distributor shall not be required to register any 17 brand of commercialfertilizer or custom mixwhich 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 and22 every commercial fertilizer must remain uniform for the23 period of registration and, in no case, shall the percentage24 of any guaranteed plant nutrient element be changed in such a25 manner that the crop-producing quality of the commercial26 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 annually33 with the Director on forms furnished by the Director. The34 application for registration shall be accompanied by a fee of-7- LRB9103098LDmb 1 $25.00, unless the custom mixer elects to register each2 mixture, paying a fee of $5.00 per mixture. Upon approval by3 the Director, a copy of the registration shall be furnished4 to the applicant. All registrations expire on December 31 of5 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 the8 custom mixed fertilizer prepared for another consumer.9 (f) (Blank). All fees collected pursuant to this10 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 commercialfertilizer or custom mixdistributed 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 -8- LRB9103098LDmb 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 grade9 of fertilizer, a written or printed statement of the10 information required by items (1), (2), (3), and (4) of11 paragraph (a) of Section 4 shall accompany delivery of each12 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. If30 distributed in bulk as custom mixed fertilizer, a31 written or printed statement shall accompany32 delivery of each load and be supplied to the33 purchaser at time of delivery and must carry34 information as follows:-9- LRB9103098LDmb 1 1. Weight of each commercial fertilizer used in the2 custom mixing.3 2. The guaranteed analysis of each commercial fertilizer4 used in the custom mixing.5 3. Total weight of fertilizer delivered in each load.6 4. Name and address of the person selling the7 fertilizer.8 (d) (Blank). A custom mixed fertilizer shall be9 intimately and uniformly mixed. The Director, in determining10 for administrative purposes whether a custom mix is11 intimately and uniformly mixed, shall compute the analysis of12 the load of custom mixed fertilizer from the information13 required by Items (1), (2), and (3) of paragraph (c) of this14 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 for19 all commercial fertilizers or custom mix distributed in this20 State an inspection fee at the rate of 20¢ per ton. Sales to21 manufacturers or exchanges between them are hereby exempted22 from the inspection fee.23 On individual packages of commercial or custom mix or24 specialty fertilizers containing 5 pounds or less, or if in25 liquid form containers of 4,000 cubic centimeters or less,26 there shall be paid instead of the 20¢ per ton inspection27 fee, an annual inspection fee of $25 for each grade within a28 brand sold or distributed. Where a person sells commercial or29 custom mix or specialty fertilizers in packages of 5 pounds30 or less, or 4,000 cubic centimeters or less if in liquid31 form, and also sells in larger packages than 5 pounds or32 liquid containers larger than 4,000 cubic centimeters, this33 annual inspection fee of $25 applies only to that portion-10- LRB9103098LDmb 1 sold in packages of 5 pounds or less or 4,000 cubic2 centimeters or less, and that portion sold in larger packages3 or containers shall be subject to the same inspection fee of4 20¢ per ton as provided in this Act. The increased fees shall5 be effective after June 30, 1989.6 (b) (Blank). Every person who distributes a commercial7 fertilizer or custom mix in this State shall file with the8 Director, on forms furnished by the Director, a semi-annual9 statement for the periods ending June 30 and December 31,10 setting forth the number of net tons of each grade of11 commercial fertilizers within a brand or the net tons of12 custom mix distributed. The report shall be due on or before13 the 15th day of the month following the close of each14 semi-annual period and upon the statement shall pay the15 inspection fee at the rate stated in paragraph (a) of this16 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 -11- LRB9103098LDmb 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 paid22 into the Fertilizer Control Fund and all other fees collected23 under this Section shall be paid into the State treasury.24 If the tonnage report is not filed and the payment of25 inspection fee is not made within 30 days after the end of26 the semi-annual period, a collection fee amounting to 10%27 (minimum $10) of the amount shall be assessed against the28 registrant. The amount of fees due shall constitute a debt29 and become the basis of a judgment against the registrant.30 Upon the written request to the Director additional time may31 be granted past the normal date of filing the semi-annual32 statement.33 When more than one person is involved in the distribution34 of a commercial fertilizer, the last registrant who-12- LRB9103098LDmb 1 distributes to the non-registrant (dealer or consumer) is2 responsible for reporting the tonnage and paying the3 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 herebyauthorized 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 Departmentshall 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 -13- LRB9103098LDmb 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 grantfunds 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 -14- LRB9103098LDmb 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 Fertilizer9 Control Fund shall be appropriated for the operation of the10 Fertilizer Research and Education Program.These moneys The11 monies appropriated to the Departmentshall 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 grantsto 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 to19 3% of the annual amount deposited in the Fertilizer Control20 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 through25 his authorized agent,to sample, inspect, make analyses 26 analysisof, and test commercialfertilizers and custom mixes27 distributed within this State and inspect the storage of 28 bulk fertilizer at any atime and place and to such an extent 29 as he or she may deem as he considersnecessary to determine 30 whether such fertilizers commercial fertilizers or custom31 mixesare 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 -15- LRB9103098LDmb 1 regular business hours in order to have access to commercial2 fertilizers or custom mixesand to records relating to their 3 distribution and storage, subject to the provisions of this 4 Act and theits rules and regulations pertaining thereto. 5 (b) The methods of sampling and analysis and sampling6 shall be those adopted by the official agency from sources7 such as those ofthe Association of Official Analytical 8 AgriculturalChemists 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 commercialfertilizer or custom mixis 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 any19 commercial fertilizer or custom mix which has been found to20 be subject to penalty or other legal action shall be21 forwarded by the Director to the registrant at least 10 days22 before the report is submitted to the purchaser. If during23 that period no adequate evidence to the contrary is made24 available to the Director, the report shall become official.25 Upon request the Director shall furnish to the registrant a26 portion of any sample found subject to penalty or other legal27 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 -16- LRB9103098LDmb 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 commercialfertilizer or custom mixoffered for 5 sale in this State proves, upon official analysis, to be 6 deficient from its guaranteed analysis, monetary values 7 penaltyshall be assessed against the registrant or licensee 8 manufacturer or custom mixerin 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 penaltyshall 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 penaltiesshall be assessed according to 21 (a) or (b) as herein stated. When a multiple ingredient 22 fertilizer is subject to an assessment a penaltyunder both 23 (a) and (b) only the larger assessment penaltyshall be 24 applied assessed. 25 (a) When the total combined nutrient values of the 26 nitrogen or available phosphate phosphoric acidor 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 penaltyshall be 3 times the actual monetary value of the 32 shortage. 33 (b) When either the nitrogen, available phosphoric acid, -17- LRB9103098LDmb 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 Dof 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 shall10 be prescribed by the Director. 11 (a) (Blank). Nothing contained in this Section shall12 prevent any person from appealing to a court of competent13 jurisdiction for judgment as to the justification of such14 penalties.15 (b) All assessments penalties assessedunder this 16 Section shall be paid to the consumer of the lot of 17 commercialfertilizer or custom mixpurchased, and which is 18 represented by the sample analyzed, within one month 3 months19 after the date of notice from the Director to the 20 registrant. Receipts shall be taken therefor and promptly 21 forwarded to the Director. If such consumers cannot be found, 22 the amount of the assessment penaltyshall be paid to the 23 Director who shall deposit the same in the Fertilizer Control 24 General RevenueFund 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 information28 secured from persons holding registrant's permit to sell29 fertilizers in Illinois,The following values will be used 30 for purposes of assessing monetary values penaltiesas 31 provided by Section 8 of this Act: 32 Nitrogen $3.00 per unit (15¢ per pound) 33 Total P2O5 in Rock-18- LRB9103098LDmb 1 Phosphate .72 per unit (3.6¢ per pound)2 Available Phosphate P2O52.00 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 penaltyshall be based on the 7 retail price. In addition, the Director may require that any 8 lot subject to a deficiency assessment penaltybe 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 penalties14 assessedunder 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 it31 carries any false or misleading statement upon or attached to32 the container, or if false or misleading statements33 concerning its agricultural value are made on the container-19- LRB9103098LDmb 1 or in any advertising matter accompanying or associated with2 the commercial fertilizer or custom mix. It is unlawful to3 distribute a misbranded commercial fertilizer or custom mix4 only after a notice of hearing has been issued, served, a5 hearing held, and opportunity is given for the defendant to6 appeal to a court of competent jurisdiction from the decision7 of the hearing, if he so elects, within a period of 10 days8 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 commercialfertilizer or custom mix28 to a non-registrant or non-licensee will supply following information:name and county of the 32 consignee, andamount (tons) by grades, and analysis of -20- LRB9103098LDmb 1 commercialfertilizer 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 5pounds or less or in container of5 4000 cubic centimeters or less,shall be reported but no 6 inspection fee will be charged. No information furnished7 under this Section shall be disclosed by the Department in8 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 and14 in such forms as he may deem proper:15 (a) Information concerning the distribution of16 commercial fertilizers and custom mixes by counties.17 (b) Results of analysis based on official samples of18 commercial fertilizers and custom mixes distributed within19 the state as compared with the analysis guaranteed under20 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 -21- LRB9103098LDmb 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 is7 authorized, after due notice and public hearing, to prescribe8 and to enforce such rules and regulations relating to the9 distribution of commercial fertilizer or custom mix as he may10 find necessary to carry into effect the full intent and11 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 commercialfertilizer or custom mixin the 16 possession of the consumer is found by the Director to be 17 short in weight, the registrant or licensee of such 18 commercialfertilizer or custom mixshall, 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 -22- LRB9103098LDmb 1 its rules; 2 (4) the registrant used fraudulent or deceptive 3 practices to secure registration. is authorized and empowered4 to cancel the registration of any brand of commercial5 fertilizer or custom mix or to refuse to register any brand6 of commercial fertilizer or custom mix as herein provided,7 upon satisfactory evidence that the registrant has used8 fraudulent or deceptive practices in the evasions or9 attempted evasions of the provisions of this Act or any rules10 and regulations promulgated thereunder; however, no11 registration shall be revoked or refused until the registrant12 has been given the opportunity to appear for a hearing by the13 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 -23- LRB9103098LDmb 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 -24- LRB9103098LDmb 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 agentmay issue and 12 enforce a written or printed "stop sale, use, or removal" 13 order to the distributor owner or custodianof any lot of14 commercialfertilizer or custom mixand tohold such lot at a 15 designated place when the Director finds such commercial16 fertilizer or custom mixis being distributed offered or17 exposed for salein violation of any of the provisions of 18 this Act or its rules until the law has been complied with19 and such commercial fertilizer or custom mix is released in20 writing by the Director or such' violation has been otherwise21 legally disposed of by written authority. 22 The Director shall release the stop sale order commercial23 fertilizer or custom mix so withdrawnwhen 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 commercialfertilizer 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 -25- LRB9103098LDmb 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 Department11 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 the15 storage, and application equipment used in the and16 distribution of fertilizer anhydrous ammonia and nitrogen17 solutionsand 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 agentmay issue and 34 enforce a written stop use order to the owner or custodian of -26- LRB9103098LDmb 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 it18 appears from the examination of any commercial fertilizer or19 custom mix that any of the provisions of this Act or the20 rules and regulations issued thereunder have been violated,21 the Director or his or her authorized agent shall cause22 notice of the violations to be given to the registrant,23 distributor or possessor from whom the sample was taken. Any24 person so notified shall be given opportunity to be heard25 under such rules and regulations as may be prescribed by the26 Director. If it appears after such hearing, either in the27 presence or absence of the person so notified, that any of28 the provisions of this Act or rules and regulations issued29 thereunder have been violated, the Director may certify the30 facts to the proper prosecuting attorney. It shall be31 unlawful for any person to distribute, store, transport or32 use anhydrous ammonia or nitrogen solutions in violation of33 this Act or the rules and regulations promulgated thereunder-27- LRB9103098LDmb 1 or to violate a stop use order issued by the Director.2 (b) (Blank). Any person convicted of violating any3 provisions of this Act or any of the rules or regulations4 issued thereunder, or who impedes, obstructs, hinders or5 otherwise prevents or attempts to prevent the Director, or6 his or her duly authorized agent, in the performance of his7 or her duty in connection with the provisions of this Act,8 shall be guilty of a business offense punishable by a fine9 not to exceed $1,000. In all prosecutions under this Act10 involving the composition of a commercial fertilizer or11 custom mix, a certified copy of the official analysis signed12 by the Director shall be accepted as prima facie evidence of13 the composition.14 (c) (Blank). Nothing in this Act shall be construed as15 requiring the Director or his or her representative to report16 for prosecution or for the institution of seizure proceedings17 as a result of minor violations of the Act if he or she18 believes that the public interests will be served by a19 suitable notice of warning in writing.20 (d) (Blank). It shall be the duty of each State's21 attorney to whom any violation is reported to cause22 appropriate proceedings to be instituted and prosecuted in23 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. The30 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 -28- LRB9103098LDmb 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. -29- LRB9103098LDmb 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.
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