Public Act 097-0960
 
HB5539 EnrolledLRB097 20044 CEL 65371 b

    AN ACT concerning agriculture.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Fertilizer Act of 1961 is amended
by changing Sections 2, 3, 4, 5, 6, 6a, 7, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18a, 19, 20, and 21 and by adding Section 21.5
as follows:
 
    (505 ILCS 80/2)  (from Ch. 5, par. 55.2)
    Sec. 2. Enforcing official. The Director of the Department
of Agriculture, hereinafter referred to as the "Director",
shall administer this Act. This Act shall be administered by
the Director of the Department of Agriculture, hereinafter
referred to as the "Director".
(Source: Laws 1961, p. 3085.)
 
    (505 ILCS 80/3)  (from Ch. 5, par. 55.3)
    Sec. 3. Definitions of words and terms. When used in this
Act unless the context otherwise requires:
    "AAPFCO" means the Association of American Plant Food
Control Officials.
    "Adulterated" shall apply to any fertilizer:
        (i) that contains any deleterious or harmful
    substance, defined under the provisions of this Act or its
    rules or regulations, in sufficient amount to render it
    injurious to beneficial plant life, animals, humans,
    aquatic life, soil, or water when applied in accordance
    with directions for use on the label;
        (ii) when its composition falls below or differs from
    that which it is purported to possess by its labeling;
        (iii) contains unwanted crop seed or weed seed.
    "Anhydrous ammonia" means the compound formed by the
combination of 2 gaseous elements, nitrogen and hydrogen, in
the proportion of one part of nitrogen to 3 parts of hydrogen
(NH3) by volume. Anhydrous ammonia is a fertilizer of ammonia
gas in compressed and liquified form. It is not aqueous ammonia
which is a solution of ammonia gas in water and which is
considered a low-pressure nitrogen solution.
    "Blender" means any entity or system engaged in the
business of blending fertilizer. This includes both mobile and
fixed equipment, excluding application equipment, used to
achieve this function.
    "Blending" means the physical mixing or combining of: one
or more fertilizer materials and one or more filler materials;
2 or more fertilizer materials; 2 or more fertilizer materials
and filler materials, including mixing through the
simultaneous or sequential application of any of the outlined
combinations listed in this definition, to produce a uniform
mixture.
    "Brand" means a term, design, or trademark used in
connection with one or several grades of fertilizers.
    "Bulk" means any fertilizer distributed in a single
container greater than 100 pounds.
    "Consumer or end user" means the final purchaser prior to
application.
    "Custom blend" means a fertilizer blended according to
specifications provided to a blender in a soil test nutrient
recommendation or to meet the specific consumer request prior
to blending.
(a) The term "fertilizer material" means any substance
containing nitrogen, phosphorus, potash or any other
recognized plant nutrient element or compound which is used
primarily for its plant nutrient content or for compounding
mixed fertilizers except unmanipulated animal and vegetable
manures.
    (b) The term "mixed fertilizer" means any combination or
mixture of fertilizer materials designed for use or claimed to
have value in promoting plant growth.
    (c) The term "commercial fertilizer" means mixed
fertilizer and/or fertilizer materials except the following
natural products: agricultural limestone, marl, sea solids and
unprocessed animal manure, which have not been manipulated so
as to alter or change them chemically and burnt or hydrated
lime, and sewage sludge produced by any sanitary district shall
not be subject to the provisions of this Act. Such term does
not include "custom mixes" as defined herein.
    (d) The term "anhydrous ammonia" means the compound formed
by the combination of two gaseous elements, nitrogen and
hydrogen, in the proportion of one part of nitrogen to three
parts of hydrogen (NH 3) by volume. Anhydrous ammonia is a
commercial fertilizer of ammonia gas in compressed and
liquified form. It is not aqueous ammonia which is a solution
of ammonia gas in water and which is considered a low pressure
nitrogen solution.
    (e) The term "specialty fertilizer" means a commercial
fertilizer distributed primarily for nonfarm use, such as home
gardens, lawns, shrubbery, flowers, golf courses, municipal
parks, cemeteries, green houses and nurseries, and may include
commercial fertilizer used for research or experimental
purposes.
    (f) The term "bulk fertilizers" means commercial
fertilizer or custom mix distributed in a non-packaged form.
    (g) The term "custom mix" means a mixture of 2 or more
commercial fertilizers mixed at time of shipment to the
specific order of the consumer.
    "Custom blender" (h) The term "custom mixer" means any
entity a person who produces and sells custom blended
fertilizers mixes.
    "Deficiency" means the amount of nutrient found by analysis
less than that guaranteed that may result from a lack of
nutrient ingredients or from lack of uniformity.
    "Department" means the Illinois Department of Agriculture.
    "Department rules or regulations" means any rule or
regulation implemented by the Department as authorized under
Section 14 of this Act.
    "Director" means the Director of Agriculture or a duly
authorized representative.
    "Distribute" means to import, consign, manufacture,
produce, store, transport, custom blend, compound, or blend
fertilizer or to transfer from one container to another for the
purpose of selling, giving away, bartering, or otherwise
supplying fertilizer in this State.
    "Distributor" means any entity who distributes fertilizer.
    "Entity" means any individual, partnership, association,
firm, or corporation.
    "Fertilizer" means any substance containing one or more of
the recognized plant nutrient nitrogen, phosphate, potash, or
those defined under 8 Ill. Adm. Code 210.20 that is used for
its plant nutrient content and that is designed for use or
claimed to have value in promoting plant growth, except
unmanipulated animal and vegetable manures, sea solids, marl,
lime, limestone, wood ashes, and other products exempted by
regulation by the Director.
    "Fertilizer material" means a fertilizer that either:
        (A) contains important quantities of no more than one
    of the primary plant nutrients: nitrogen (N), phosphate
    (P2O5), and potash (K2O);
        (B) has 85% or more of its plant nutrient content
    present in the form of a single chemical compound; or
        (C) is derived from a plant or animal residue or
    by-product or natural material deposit that has been
    processed in such a way that its content of plant nutrients
    has not been materially changed except by purification and
    concentration.
(i) The term "brand" means a term, design, or trade mark used
in connection with one or several grades of commercial
fertilizers.
    (j) The term "guaranteed analysis" means the minimum
percentages of plant nutrients claimed in the following order
and form:
    A. Total Nitrogen (N)...............................%
    Available Phosphoric Acid (P2O5)....................%
    Soluble Potash (K2O)....................................%
    B. For unacidulated mineral phosphatic materials and basic
slag, both total and available phosphoric acid and the degree
of fineness. For bone, tankage, and other organic phosphatic
materials, total phosphoric acid.
    C. Additional plant nutrients expressed as the elements,
when permitted by regulation.
    D. Potential basicity or acidity expressed in terms of
calcium carbonate equivalent in multiples of 100 pounds per
ton, when required by regulation.
    "Grade" (k) The term "grade" means the minimum percentage
of total nitrogen, available phosphoric phosphate acid
(P2O5 P2O5) and soluble potash (K2O K2O) stated in the whole
numbers in the same terms, order, and percentages as in the
guaranteed analysis, provided that specialty fertilizers may
be guaranteed in fractional units of less than 1% of total
nitrogen, available phosphate, and soluble potash and that
fertilizer materials, bone meal, manures, and similar
materials may be guaranteed in fractional units order given in
this definition.
    "Guaranteed analysis" means the minimum percentages of
plant nutrients claimed in the following order and form:
        A. Total Nitrogen (N)...............................%
           Available Phosphate (P2O5).......................%
           Soluble Potash (K2O).............................%
        B. For unacidulated mineral phosphatic materials and
    basic slag, both total and available phosphate and the
    degree of fineness. For bone, tankage, and other organic
    phosphatic materials, total phosphate.
        C. Guarantees for plant nutrients other than nitrogen,
    phosphate, and potash may be permitted or required by
    regulation by the Director. The guarantees for such other
    nutrients shall be expressed in the form of the element.
    "Investigational allowance" means an allowance for
variations inherent in the taking, preparation, and analysis of
an official sample of fertilizer.
    "Label" means the display of all written, printed, or
graphic matter upon the immediate container or a statement
accompanying a fertilizer.
    "Labeling" means all (i) written, printed, or graphic
matter upon or accompanying any fertilizer or (ii)
advertisements, Internet, brochures, posters, and television
and radio announcements used in promoting the sale of
fertilizer.
    "Lot" means an identifiable quantity of fertilizer that can
be sampled according to AOAC International procedures, such as
the amount contained in a single vehicle, the amount delivered
under a single invoice, or in the case of bagged fertilizer,
not more than 25 tons.
    (l) The term "official sample" means any sample of
commercial fertilizer or custom mix taken by the Director or
his agent and designated as "official" by the Director.
    (m) The term "ton" means a net weight of 2000 pounds
avoirdupois.
    (n) The term "per cent" or "percentage" means the
percentage by weight.
    (o) The term "person" means any individual, partnership,
association, firm and corporation.
    (p) The term "distribute" means to offer for sale, sell,
barter, store, handle, transport or otherwise supply
commercial fertilizers or custom mix. The term "distributor"
means any person who distributes.
    (q) Words importing the singular number may extend and be
applied to several persons or things and words importing the
plural number may include the singular.
    (r) The term "registrant" means the person who registers
commercial fertilizer or custom mix under the provisions of
this Act.
    (s) The term "Low-pressure nitrogen solution" means a low
pressure solution containing 2 per cent or more by weight of
free ammonia and/or having vapor pressure of 5 pounds or more
per square inch gauge at 104 F.
    "Misbranded" shall apply to any fertilizer:
        (i) with labeling that is false or misleading in any
    particular;
        (ii) that is distributed under the name of another
    fertilizer product;
        (iii) that is not labeled as required by this Act or
    its rules; or
        (iv) which purports to be or is represented as a
    fertilizer, or is represented as containing a plant
    nutrient or fertilizer unless such plant nutrient or
    fertilizer conforms to the definition of identity, if any,
    prescribed by regulation.
    "Mixed fertilizer" means any combination or mixture of
fertilizer materials designed for use or claimed to have value
in promoting plant growth.
    "NREC" means the Nutrient Research and Education Council.
    "Official sample" means any sample of fertilizer taken by
the Director or his or her agent and designated as official by
the Director.
    "Per cent" or "percentage" means the percentage by weight.
    "Registrant" means the entity who registers fertilizer and
obtains a license under the provisions of this Act.
    "Specialty fertilizer" means a fertilizer distributed
primarily for nonfarm use, such as home gardens, lawns,
shrubbery, flowers, golf courses, municipal parks, cemeteries,
green houses and nurseries, and may include fertilizer used for
research or experimental purposes.
    "Ton" means a net weight of 2,000 pounds avoirdupois.
    "Unit" means 20 pounds or 1% of a ton of plant nutrient.
    (t) The term "Department" means the Illinois Department of
Agriculture.
    (u) The term "Director" means the Director of the Illinois
Department of Agriculture or a duly authorized representative.
(Source: P.A. 83-586.)
 
    (505 ILCS 80/4)  (from Ch. 5, par. 55.4)
    Sec. 4. License and product registration Registration.
    (a) Each brand and grade of commercial fertilizer shall be
registered by the entity whose name appears upon the label
before being distributed in this State. The application for
registration shall be submitted with a label or facsimile of
same to the Director on forms form furnished by the Director,
and shall be accompanied by a fee of $20 $10 per grade within a
brand. Upon approval by the Director a copy of the registration
shall be furnished to the applicant. All registrations expire
on December 31 of each year.
    The application shall include the following information:
        (1) The net weight
        (2) The brand and grade
        (3) The guaranteed analysis
        (4) The name and address of the registrant.
    (a-5) No entity whose name appears on the label shall
distribute a fertilizer in the State unless the entity has
secured a license under this Act on forms provided by the
Director. The license application shall be accompanied by a fee
of $100. Entities who store anhydrous ammonia as a fertilizer,
store bulk fertilizer, or custom blend a fertilizer at more
than one site under the same entity's name shall list any and
all additional sites with a complete address for each site and
remit a license fee of $50 for each site identified. Entities
performing lawn care applications for hire are exempt from
obtaining a license under this Act. All licenses expire on
December 31 of each year.
    (b) A distributor shall not be required to register any
brand of commercial fertilizer or a custom blend mix which is
already registered under this Act by another entity person.
    (c) The plant nutrient content of each and every commercial
fertilizer must remain uniform for the period of registration
and, in no case, shall the percentage of any guaranteed plant
nutrient element be changed in such a manner that the
crop-producing quality of the commercial fertilizer is
lowered.
    (d) (Blank) Each custom mixer shall register annually with
the Director on forms furnished by the Director. The
application for registration shall be accompanied by a fee of
$50, unless the custom mixer elects to register each mixture,
paying a fee of $10 per mixture. Upon approval by the Director,
a copy of the registration shall be furnished to the applicant.
All registrations expire on December 31 of each year.
    (e) A custom blend mix as defined in Section 3 section
3(f), prepared for one consumer or end user shall not be
co-mingled with the custom blended mixed fertilizer prepared
for another consumer or end user.
    (f) All fees collected pursuant to this Section shall be
paid to the Fertilizer Control Fund for activities related to
the administration and enforcement of this Act paid into the
State treasury.
(Source: P.A. 93-32, eff. 7-1-03.)
 
    (505 ILCS 80/5)  (from Ch. 5, par. 55.5)
    Sec. 5. Labeling.
    (a) Any commercial fertilizer or custom blend mix
distributed in this State in non-bulk containers shall have
placed on or affixed to the container a label setting forth in
clearly legible form the following information: required by
Items (1), (2), (3), and (4) of paragraph (a) of Section 4.
        (1) net weight;
        (2) brand and grade; provided, that the grade shall not
    be required when no primary nutrients are claimed;
        (3) guaranteed analysis;
        (4) directions for use for the fertilizer distributed
    to the consumer or end user; and
        (5) name and address of the registrant.
    In the case of bulk shipments as a brand or grade of
fertilizer, information required by items (1), (2), (3), and
(5) of this subsection (a) in a written or printed form shall
accompany delivery of each load and be supplied to the
purchaser at the time of delivery.
    (b) (Blank). If distributed in bulk as a brand or grade of
fertilizer, a written or printed statement of the information
required by items (1), (2), (3), and (4) of paragraph (a) of
Section 4 shall accompany delivery of each load and be supplied
to the purchaser at time of delivery.
    (c) If distributed in bulk as a custom blend mixed
fertilizer, a written or printed statement shall accompany
delivery of each load and be supplied to the purchaser at time
of delivery and must carry information as follows:
    1. Weight of each commercial fertilizer used in the custom
blend mixing.
    2. The guaranteed analysis of each commercial fertilizer
used in the custom blend mixing.
    3. Total weight of fertilizer delivered in each load.
    4. Name and address of the person selling the fertilizer.
    (d) A custom blend mixed fertilizer shall be intimately and
uniformly mixed. The Director, in determining for
administrative purposes whether a custom blend mix is
intimately and uniformly mixed, shall compute the analysis of
the load of custom blend mixed fertilizer from the information
required by Items (1), (2), and (3) of paragraph (c) of this
section.
    (e) Each lot of fertilizer shall display a form of
identification in a manner that includes, but is not limited
to, numerical, alphabetical, date of manufacture, or a
combination that distinguishes it from that of other lots
distributed.
    (f) Fertilizer materials not defined by AAPFCO may be used
if the registrant furnishes an acceptable definition, AOAC
International or other appropriate method of analysis, heavy
metal analysis, and agronomic data when deemed necessary by the
Director.
(Source: Laws 1963, p. 2240.)
 
    (505 ILCS 80/6)  (from Ch. 5, par. 55.6)
    Sec. 6. Inspection fees.
    (a) There shall be paid to the Director for all commercial
fertilizers or custom mix distributed in this State an
inspection fee at the rate of 25 per ton with a minimum
inspection fee of $15. Sales to manufacturers or exchanges
between registrants them are hereby exempted from the
inspection fee.
    On individual packages of commercial or custom mix or
specialty fertilizers containing 5 pounds or less, or if in
liquid form containers of 4,000 cubic centimeters or less,
there shall be paid instead of the 25 per ton inspection fee,
an annual inspection fee of $50 $25 for each grade within a
brand sold or distributed. Where an entity a person sells
commercial or custom mix or specialty fertilizers in packages
of 5 pounds or less, or 4,000 cubic centimeters or less if in
liquid form, and also sells in larger packages than 5 pounds or
liquid containers larger than 4,000 cubic centimeters, this
annual inspection fee of $50 $25 applies only to that portion
sold in packages of 5 pounds or less or 4,000 cubic centimeters
or less, and that portion sold in larger packages or containers
shall be subject to the same inspection fee of 25 per ton as
provided in this Act. The increased fees shall be effective
after June 30, 1989.
    (b) Every entity person who distributes a commercial
fertilizer, custom blend, or speciality fertilizer or custom
mix in this State shall file with the Director, on forms
furnished by the Director, a semi-annual statement for the
periods ending June 30 and December 31, setting forth the
number of net tons of each grade of commercial fertilizers
within a brand or the net tons of custom blend mix distributed.
The report shall be due on or before the 30th 15th day of the
month following the close of each semi-annual period and upon
the statement shall pay the inspection fee at the rate stated
in paragraph (a) of this Section.
    One half of the 25 per ton inspection fee shall be paid
into the Fertilizer Control Fund and all other fees collected
under this Section shall be paid into the State treasury.
    If the tonnage report is not filed and the payment of
inspection fee is not made within 30 days after the end of the
semi-annual period, a collection fee amounting to 15% 10%
(minimum $15 $10) of the amount shall be assessed against the
registrant. The amount of fees due shall constitute a debt and
become the basis of a judgment against the registrant. Upon the
written request to the Director additional time may be granted
past the normal date of filing the semi-annual statement.
    (c) When more than one entity person is involved in the
distribution of a commercial fertilizer, the last registrant
who distributes to the consumer or end-user non-registrant
(dealer or consumer) is responsible for reporting the tonnage
and paying the inspection fee.
    (d) All fees collected under this Section shall be paid to
the Fertilizer Control Fund for activities related to the
administration and enforcement of this Act.
(Source: P.A. 93-32, eff. 7-1-03.)
 
    (505 ILCS 80/6a)  (from Ch. 5, par. 55.6a)
    Sec. 6a. Nutrient Research and Education Council. The
Director is hereby authorized to ensure that distributors remit
a designated fertilizer tonnage assessment to 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.
The NREC may also participate in relevant demonstration and
cost-share programs to enhance adoption and meet objectives of
nutrient efficiency and stewardship programs supported by the
NREC.
    The NREC shall be comprised of 9 voting members, 3
representing the fertilizer industry, 3 representing grower
organizations, to include at least one member of the State's
largest farm organization, one person representing the
specialty fertilizer industry, one person representing a
certified agronomy organization, and the Director or his or her
designee and 4 non-voting members: 2 persons representing
environmental organizations, one person representing a State
or federal agriculture experiment station and the Director of
the Illinois Environmental Protection Agency or his or her
designee. In the appointment of persons to the NREC, the
organizations designated in this Section shall nominate, and
the Director shall select from these nominations,
representatives to this Council. Members of the Council shall
receive no compensation for their services, and the terms of
the Council members, appointment process, and conduct of the
meetings shall be outlined in the bylaws established by this
Council on their initial appointment by the Director and made
available to the industry organizations.
    The responsibilities of the NREC are to:
        (1) prioritize nutrient research needs and solicit
    research proposals to generate findings and make
    recommendations to the Council based on the findings;
        (2) evaluate the proposed budget for each research
    project and make recommendations as necessary;
        (3) arrange for peer review of all research proposals
    for scientific merit and methods;
        (4) report the findings of all research projects at
    industry conferences, publish the findings and implement
    educational programs to apply the research recommendations
    in agricultural production systems and in consumer use
    markets where appropriate;
        (5) engage in outreach and field level trials and
    educational programs with growers and consumers and
    publicize these events; and
        (6) where practical, cooperate with other programs
    with similar goals.
    The Council shall recommend, and the Director shall set,
the fertilizer tonnage assessment for the purpose of funding
the NREC at no less than 50 cents per ton and no greater than $3
per ton to fund, administer, publish, and implement the
research, education, and outreach programs designated each
year by the Council. A minimum of 20% of the funds shall be
designated for cost-share programs and on-farm demonstration
programs to study and address water quality issues. The Council
shall report to the Director by December 31 of each year the
recommended amount of annual tonnage assessment to be collected
the following year from distributors.
    Assessments collected from distributors are payable
directly to the NREC on a semi-annual basis. This payment shall
coincide with the reporting of the tonnage data and the
remittance of the inspection fee to the Department. If the NREC
assessment is not made to the Council under this Section, then
the Director may rescind the license of the distributor. The
NREC may enter into contracts with other entities approved by
the Council for the purposes of fulfilling the objectives of
the NREC.
    The NREC shall publish annually a financial and activities
report, including amount of funds collected and expenditures
for nutrient programs. The NREC shall be audited at least
annually by a certified public accountant and the audit made
available within 30 days after its completion to the Director
and each Council member for dissemination to their respective
organizations. The Department is hereby authorized to
establish a program and expend appropriations for a fertilizer
research and education program dealing with the relationship of
fertilizer use to soil management, soil fertility, plant
nutrition problems, and for research on environmental concerns
which may be related to fertilizer usage; for the dissemination
of the results of such research; and for other designated
activities including educational programs to promote the
correct and effective usage of fertilizer materials.
    To assist in the development and administration of the
fertilizer research and education program, the Director is
authorized to establish a Fertilizer Research and Education
Council consisting of 9 persons. This council shall be
comprised of 3 persons representing the fertilizer industry, 3
persons representing crop production, and 2 persons
representing the public at large. In the appointment of persons
to the council, the Director shall consult with representative
persons and recognized organizations in the respective fields
concerning such appointments. The Director or his
representative from the Department shall act as chairman of the
council. The Director shall call meetings thereof from time to
time or when requested by 3 or more appointed members of the
council.
    The responsibilities of the Fertilizer Research and
Education Council are to:
        (a) solicit research and education projects consistent
    with the scope of the established fertilizer research and
    education program;
        (b) review and arrange for peer review of all research
    proposals for scientific merit and methods, and review or
    arrange for the review of all proposals for their merit,
    objective, methods and procedures;
        (c) evaluate the proposed budget for the projects and
    make recommendations as necessary; and
        (d) monitor the progress of projects and report at
    least once each 6 months on each project's accomplishments
    to the Director and Board of Agricultural Advisors.
    The Fertilizer Research and Education Council shall at
least annually recommend projects to be approved and funded
including recommendations on continuation or cancellation of
authorized and ongoing projects to the Board of Agricultural
Advisors, which is created in Section 5-525 of the Departments
of State Government Law (20 ILCS 5/5-525). The Board of
Agricultural Advisors shall review the proposed projects and
recommendations of the Fertilizer Research and Education
Council and recommend to the Director what projects shall be
approved and their priority. In the case of authorized and
ongoing projects, the Board of Agricultural Advisors shall
recommend to the Director the continuation or cancellation of
such projects.
    When the Director, the Board of Agricultural Advisors, and
the Fertilizer Research and Education Council approve a project
and subject to available appropriations, the Director shall
grant funds to the person originating the proposal.
(Source: P.A. 91-239, eff. 1-1-00.)
 
    (505 ILCS 80/7)  (from Ch. 5, par. 55.7)
    Sec. 7. Inspection, sampling, analysis.
    (a) It is the duty of the Director, who may act through his
authorized agent, to sample, inspect, make analysis of, and
test commercial fertilizers and custom mixes distributed
within this State at a time and place and to such an extent as
the Director he considers necessary to determine whether such
commercial fertilizers or custom mixes are in compliance with
the provisions of this Act. The Director, individually or
through his agent, is authorized to enter upon any public or
private premises during regular business hours in order to have
access to commercial fertilizers or custom mixes and to records
relating to their distribution subject to the provisions of
this Act and the rules and regulations pertaining thereto.
    (b) The methods of analysis and sampling shall be those
adopted by the official agency from sources such as those of
the Association of Official Analytical Agricultural Chemists.
    (c) The Director, in determining for administrative
purposes whether any commercial fertilizer or custom mix is
deficient in plant food, shall be guided solely by the official
sample as defined in paragraph (k) of Section 3, and obtained
and analyzed as provided for in this Section paragraph (b) of
Section 7.
    (d) The results of official analysis of any commercial
fertilizer or custom mix which has been found to be subject to
penalty or other legal action shall be forwarded by the
Director to the registrant at least 10 days before the report
is submitted to the purchaser. If during that period no
adequate evidence to the contrary is made available to the
Director, the report shall become official. Upon request the
Director shall furnish to the registrant a portion of any
sample found subject to penalty or other legal action.
(Source: P.A. 77-106.)
 
    (505 ILCS 80/8)  (from Ch. 5, par. 55.8)
    Sec. 8. Plant food deficiency. If any commercial fertilizer
or custom mix offered for sale in this State proves, upon
official analysis, to be deficient from its guaranteed
analysis, penalty shall be assessed against the manufacturer or
custom blender mixer in accordance with the following
provisions:
        (1) When the value for a single ingredient fertilizer
    containing nitrogen, available phosphate, or soluble
    potash is found to be deficient from the guarantee to the
    extent of 3% to 5% of the total value For a single
    ingredient fertilizer containing nitrogen or phosphate or
    potash: when the value of this ingredient is found to be
    deficient from the guarantee to the extent of 3% and not
    over 5% of the total value, the registrant shall be liable
    for the actual deficiency in value. When the deficiency
    exceeds 5% of the total value, the penalty shall be 3 times
    the actual value of the shortage.
        (2) For multiple ingredient fertilizers containing 2
    or more of the single ingredients: nitrogen or phosphate or
    potash, penalties shall be assessed according to (a) or (b)
    as herein stated. When a multiple ingredient fertilizer is
    subject to a penalty under both (a) and (b) only the larger
    penalty shall be assessed.
            (a) When the total combined values of the nitrogen
        or available phosphate phosphoric acid or potash is
        found to be deficient to the extent of 3% to 5% 3% and
        not over 5%, the registrant shall be liable for the
        actual deficiency in total value. When the deficiency
        exceeds 5% of the total value, the penalty shall be 3
        times the actual value of the shortage.
            (b) When either the nitrogen, available phosphate
        phosphoric acid, or potash value is found deficient
        from the guarantee to the extent of 20% up to the
        maximum of 4 units (4% plant food), the registrant
        shall be liable for the value of such shortages.
        (3) Deficiencies in any other constituent or
    constituents covered under Section 3, paragraph (i), items
    B, C, and D of this Act which the registrant is required to
    or may guarantee shall be evaluated by the Director and
    penalties therefor shall be prescribed by the Director.
    (a) Nothing contained in this Section shall prevent any
entity person from appealing to a court of competent
jurisdiction for judgment as to the justification of such
penalties.
    (b) All penalties assessed under this Section shall be paid
to the consumer or end user of the lot of commercial fertilizer
or custom mix purchased, and which is represented by the sample
analyzed, within 3 months after the date of notice from the
Director to the registrant. Receipts shall be taken therefor
and promptly forwarded to the Director. If such consumers or
end users cannot be found, the amount of the penalty shall be
paid to the Director who shall deposit the same in the
Fertilizer Control Fund General Revenue Fund in the State
Treasury.
(Source: Laws 1963, p. 2240.)
 
    (505 ILCS 80/9)  (from Ch. 5, par. 55.9)
    Sec. 9. Commercial value. On the basis of information
secured from entities persons holding a license registrant's
permit to sell fertilizers in Illinois, the following values
will be used for purposes of assessing penalties as provided by
Section 8 of this Act:
Nitrogen (N) $6.00 $3.00 per unit (30 15 per pound)
Total P2O5 P2O5 in
Rock
Phosphate$1.44 .72 per unit (7.2 3.6 per pound)
Available P2O5 P2O5$4.00 2.00 per unit (20 10 per pound)
Potash (K20) $2.00 1.00 per unit (10 5 per pound).
    In the event that the actual retail price is substantially
greater than the value as calculated at the above rates, the
penalty shall be based on the retail price. In addition, the
Director may require that any lot subject to penalty be
returned to the registrant and all costs involved in the return
of such goods shall be borne by the registrant. However, in the
case of bulk fertilizers, the entity person offering fertilizer
for sale in bulk shall be responsible for guaranteeing such
fertilizer and shall be liable for all penalties assessed under
the provisions of Section 8.
(Source: P.A. 89-626, eff. 8-9-96.)
 
    (505 ILCS 80/10)  (from Ch. 5, par. 55.10)
    Sec. 10. Minimum plant food content. Minimum plant food
content. No superphosphate containing less than 18% available
phosphate phosphoric acid nor any mixed fertilizer or custom
blend mix, other than a custom blend mix consisting in part of
unacidulated mineral phosphatic materials, in which the sum of
the guarantees for the nitrogen, available phosphate
phosphoric acid, and soluble potash totals less than 20% shall
be distributed in this State. Specialty fertilizers are exempt
from minimum plant food requirements for mixed fertilizers and
custom blends mixes.
(Source: Laws 1961, p. 3085.)
 
    (505 ILCS 80/11)  (from Ch. 5, par. 55.11)
    Sec. 11. Misbranding or adulteration. False or misleading
statements. It is unlawful for any entity to distribute a
fertilizer in this State that is misbranded or adulterated
within the meaning of Section 3 of this Act or the rules
adopted by the Department. A commercial fertilizer or custom
mix is misbranded if it carries any false or misleading
statement upon or attached to the container, or if false or
misleading statements concerning its agricultural value are
made on the container or in any advertising matter accompanying
or associated with the commercial fertilizer or custom mix. It
is unlawful to distribute a misbranded commercial fertilizer or
custom mix only after a notice of hearing has been issued,
served, a hearing held, and opportunity is given for the
defendant to appeal to a court of competent jurisdiction from
the decision of the hearing, if he so elects, within a period
of 10 days after such hearing.
(Source: Laws 1961, p. 3085.)
 
    (505 ILCS 80/12)  (from Ch. 5, par. 55.12)
    Sec. 12. Tonnage reports; records.
    (a) Any entity person distributing fertilizer to a consumer
or end-user non-registrant in this State shall provide the
Director with a summary report on or before the 10th day of
each month covering the shipments made during the preceding
month of tonnage on a form, provided by the Director, for that
purpose.
    Specialty fertilizer sold in packages weighing 5 pounds or
less or in container of 4000 cubic centimeters or less, shall
be reported but no inspection fee will be charged. No
information furnished under this Section shall be disclosed by
the Department in such a way as to divulge the operation of any
entity person.
    (b) Each entity location Persons engaged in the sale of
ammonium nitrate shall obtain the following information upon
its distribution:
        (1) the date of distribution;
        (2) the quantity purchased;
        (3) the license number of the purchaser's valid State
    or federal driver's license, or an equivalent number taken
    from another form of picture identification approved for
    purchaser identification by the Director; and
        (4) the purchaser's name, current physical address,
    and telephone number.
    Any retailer of ammonium nitrate may refuse to sell
ammonium nitrate to any person attempting to purchase ammonium
nitrate (i) out of season, (ii) in unusual quantities, or (iii)
under suspect purchase patterns.
    (c) Records created under subsection (b) of this Section
shall be maintained for a minimum of 2 years. Such records
shall be available for inspection, copying, and audit by the
Department as provided under this Act.
(Source: P.A. 95-219, eff. 8-16-07.)
 
    (505 ILCS 80/13)  (from Ch. 5, par. 55.13)
    Sec. 13. Publications.
    The Director shall publish at least semi-annually and in
such forms as he may deem proper:
    (a) Information concerning the distribution of commercial
fertilizers and custom mixes by counties.
    (b) Results of analysis based on official samples of
commercial fertilizers and custom mixes distributed within the
state as compared with the analysis guaranteed under Sections 4
and 5.
(Source: Laws 1961, p. 3085.)
 
    (505 ILCS 80/14)  (from Ch. 5, par. 55.14)
    Sec. 14. Rules and regulations.
    (a) For the enforcement of this Act, the Director is
authorized, after due notice and public hearing, to prescribe
and to enforce such rules and regulations relating to the
distribution of fertilizers, custom blends, the equipment,
containers, and storage pertaining to anhydrous ammonia, and
low-pressure nitrogen solutions commercial fertilizer or
custom mix as he may be find necessary to carry into effect the
full intent and meaning of this Act.
    (b) The official definitions of fertilizers and official
fertilizer terms as adopted and published by the Association of
American Plant Food Control Officials and any amendments or
supplements thereto are the official definitions of
fertilizers and official fertilizer terms, except insofar as
specifically defined in Section 3 or amended, modified, or
rejected by a rule adopted by the Director.
    (c) The Department shall adopt rules and regulations
setting forth minimum safety standards covering the design,
construction, location, installation and operation of
equipment for storage, handling, use and transportation of
anhydrous ammonia and low-pressure nitrogen solutions. Such
rules and regulations shall consist of those reasonably
necessary for the safety of the public, including persons
handling or using the materials, and shall be in substantial
conformity with the current nationally accepted safety
standards.
    (d) The Department may adopt rules and regulations setting
forth the requirements for the containment of fertilizer
products at commercial facilities, which may include, but shall
not be limited to, the design, inspection, construction,
location, installation, and operation for the storage and
handling use of bulk liquid fertilizer, bulk dry fertilizer,
and low-pressure nitrogen solutions as may be necessary for the
protection of ground water, the environment, and public safety.
The Department may establish fees for the inspection of such
containment facilities.
(Source: Laws 1961, p. 3085.)
 
    (505 ILCS 80/15)  (from Ch. 5, par. 55.15)
    Sec. 15. Short weight. If any commercial fertilizer or
custom mix in the possession of the consumer or end user is
found by the Director to be short in weight, the registrant of
such commercial fertilizer or custom mix shall, within 30 days
after official notice from the Director, pay to the consumer or
end user a penalty equal to 4 times the value of the actual
shortage.
(Source: Laws 1961, p. 3085.)
 
    (505 ILCS 80/16)  (from Ch. 5, par. 55.16)
    Sec. 16. Cancellation, suspension, or refusal of
registrations and licenses. Cancellation of registrations.
    The Director may refuse to register a fertilizer or cancel
or suspend a fertilizer registration, custom blend, or
fertilizer license if:
        (1) the composition of the fertilizer does not warrant
    the claims made by the registrant;
        (2) the fertilizer does not comply with the provisions
    of this Act or its rules;
        (3) the labeling or other materials required for
    registration do not comply with the provisions of this Act
    or its rules;
        (4) the registrant used fraudulent or deceptive
    practices to secure registration;
        (5) it is determined that a fertilizer poses a risk of
    unreasonable adverse effects to man or the environment
    under the provisions of this Act or its rules; or
        (6) the registrant does not comply with the provisions
    of this Act or its rules.
    The Director is authorized and empowered to cancel the
registration of any brand of commercial fertilizer or custom
mix or to refuse to register any brand of commercial fertilizer
or custom mix as herein provided, upon satisfactory evidence
that the registrant has used fraudulent or deceptive practices
in the evasions or attempted evasions of the provisions of this
Act or any rules and regulations promulgated thereunder;
however, no registration shall be revoked or refused until the
registrant has been given the opportunity to appear for a
hearing by the Director.
(Source: Laws 1961, p. 3085.)
 
    (505 ILCS 80/17)  (from Ch. 5, par. 55.17)
    Sec. 17. Stop sale; use or removal order.
    (a) Whenever the Director finds that a fertilizer is being
distributed in violation of this Act or its rules, he or she
may issue and serve a written order to stop sale, stop use, or
regulate removal upon an owner, operator, manager, or agent in
charge of the fertilizer.
    (b) The Director shall provide the registrant, if different
from the entity served under subsection (a), with a copy of any
order when corrective action appears to be the responsibility
of the registrant.
    (c) If an owner, operator, manager, or agent is not
available for service of an order upon him or her, the Director
shall attach the order to the fertilizer and notify the
registrant.
    (d) The Director shall remove or vacate an order by written
notice when the violated provisions of this Act or its rules
have been complied with, the conditions specified have been
met, or the violation has been otherwise disposed of by either
administrative or judicial action and all costs and expenses
incurred in connection with the withdrawal have been paid.
    (e) When the Director finds, under the provisions of this
Act or its rules, that a fertilizer being distributed in this
State is injurious to plants, animals, or man when used in
accordance with label directions, he or she may issue an order
to remove the fertilizer from the State and establish
requirements to effect the expeditious removal of the
fertilizer without adverse effects to man or the environment.
"Stop sale" orders.
    The Director or his authorized agent may issue and enforce
a written or printed "stop sale, use, or removal" order to the
owner or custodian of any lot of commercial fertilizer or
custom mix and to hold such lot at a designated place when the
Director finds such commercial fertilizer or custom mix is
being offered or exposed for sale in violation of any of the
provisions of this Act until the law has been complied with and
such commercial fertilizer or custom mix is released in writing
by the Director or such violation has been otherwise legally
disposed of by written authority.
    The Director shall release the commercial fertilizer or
custom mix so withdrawn when the requirements of the provisions
of this Act have been complied with and all costs and expenses
incurred in connection with the withdrawal have been paid.
(Source: P.A. 77-106.)
 
    (505 ILCS 80/18a)  (from Ch. 5, par. 55.18a)
    Sec. 18a. Location and operation.
    (a) Before installing commercial fertilizer facilities for
the distribution or storage of anhydrous ammonia or
low-pressure nitrogen solutions, the owner shall apply to the
Department for approval of the location of the facilities.
Distribution and storage facilities shall be in compliance with
local zoning ordinances and the minimum distance requirements
for safe storage of anhydrous ammonia or low-pressure nitrogen
solutions as established by Department rule. Existing storage
tanks installed prior to the effective date of this amendatory
Act of 1983 shall be exempt from the requirements for location
approval. Prior to any expansion or modification of such
existing storage tanks, written approval shall be obtained from
the Department and such tanks shall meet current requirements
as established by Department rule.
    (b) Authorized Department personnel may enter upon any
public or private premises during reasonable business hours and
inspect facilities, equipment and vehicles used in the storage,
application, and distribution of anhydrous ammonia and
low-pressure nitrogen solutions and observe operations as
necessary to determine compliance with the provisions of this
Act and the rules promulgated hereunder. Department personnel
may enter the premises at any time when the health, safety or
welfare of the public is threatened by escaping gas, spills,
fire, damaged or faulty equipment, accident or act of God.
    (c) It shall be unlawful for any entity to distribute,
store, transport, or use anhydrous ammonia or low-pressure
nitrogen solutions in violation of this Act or the rules
adopted by the Department or to violate a stop use order issued
by the Director. The Department shall adopt rules and
regulations setting forth minimum safety standards covering
the design, construction, location, installation and operation
of equipment for storage, handling, use and transportation of
anhydrous ammonia and low pressure nitrogen solutions. Such
rules and regulations shall consist of those reasonably
necessary for the safety of the public, including persons
handling or using such materials, and shall be in substantial
conformity with the current nationally accepted safety
standards.
    (d) The Director or his authorized agent may issue and
enforce a written stop use order to the owner or custodian of
the facility upon a violation of this Act or the rules and
regulations. The Director shall terminate the stop use order
upon compliance with the requirements of this Act and rules and
regulations.
    (e) (Blank). The Department may adopt rules and regulations
setting forth the requirements for the containment of
fertilizer products at commercial facilities, which may
include, but would not be limited to, the design, inspection,
construction, location, installation, and operation for the
storage and handling use of bulk liquid fertilizer, bulk dry
fertilizer, and nitrogen solutions as may be necessary for the
protection of ground water, the environment, and public safety.
The Department may establish fees for the inspection of such
containment facilities.
    (f) Nothing in this Section shall apply to facilities that
manufacture anhydrous ammonia subject to the OSHA Process
Safety Management regulations cited under 29 CFR 1910.119.
(Source: P.A. 85-1327.)
 
    (505 ILCS 80/19)  (from Ch. 5, par. 55.19)
    Sec. 19. Seizures, prosecutions, and injunctions
Violations.
    (a) Any lot of fertilizer, custom blend, or speciality
fertilizer not in compliance with the provisions of this Act
may be subjected to seizure on complaint of the Director or his
or her authorized agent to the circuit court of the county in
which the fertilizer is located. In the event the court finds
the fertilizer to be in violation of this Act and orders the
condemnation of the fertilizer, the fertilizer shall be
disposed of in any manner consistent with the quality of the
fertilizer or the laws of the State. However, in no instance
shall the disposition of the fertilizer be ordered by the court
without first giving the claimant an opportunity to apply to
the court for release of the fertilizer or for permission to
process or re-label the fertilizer to bring it into compliance
with this Act.
    (a-5) (a) If it appears after an administrative hearing,
from the examination of any commercial fertilizer or custom mix
that any of the provisions of this Act or the rules and
regulations issued thereunder have been violated, the Director
or his or her authorized agent shall cause notice of the
violations to be given to the registrant, distributor or
possessor from whom the sample was taken. Any person so
notified shall be given opportunity to be heard under such
rules and regulations as may be prescribed by the Director. If
it appears after such hearing, either in the presence or
absence of the entity person so notified, that any of the
provisions of this Act or rules and regulations issued
thereunder have been violated, or in seeking the institution of
criminal charges against a violator, the Director may certify
the facts to the proper prosecuting attorney.
    It shall be unlawful for any person to distribute, store,
transport or use anhydrous ammonia or nitrogen solutions in
violation of this Act or the rules and regulations promulgated
thereunder or to violate a stop use order issued by the
Director.
    (b) The Department, over the signature of the Director, may
apply to any court for a temporary restraining order or a
preliminary or permanent injunction restraining any entity
from violating or continuing to violate any provision of this
Act or the rules adopted by the Department. An injunction
issued under this Section shall be granted without bond. Any
person convicted of violating any provisions of this Act or any
of the rules or regulations issued thereunder, or who impedes,
obstructs, hinders or otherwise prevents or attempts to prevent
the Director, or his or her duly authorized agent, in the
performance of his or her duty in connection with the
provisions of this Act, shall be guilty of a business offense
punishable by a fine not to exceed $1,000. In all prosecutions
under this Act involving the composition of a commercial
fertilizer or custom mix, a certified copy of the official
analysis signed by the Director shall be accepted as prima
facie evidence of the composition.
    (b-5) In all prosecutions under this Act involving the
composition of a fertilizer or custom blend, a certified copy
of the official analysis signed by the Director shall be
accepted as prima facie evidence of the composition.
    (c) Nothing in this Act shall be construed as requiring the
Director or his or her representative to report for prosecution
or for the institution of seizure proceedings as a result of
minor violations of the Act if he or she believes that a
suitable notice of warning in writing shall serve the public
interests will be served by a suitable notice of warning in
writing.
    (d) It shall be the duty of each State's attorney to whom
any violation is reported to cause appropriate proceedings to
be instituted and prosecuted in the circuit court without
delay.
    (e) (Blank). The Director is authorized to apply for and
the court is authorized to grant a temporary restraining order
or a preliminary or permanent injunction restraining any person
from violating or continuing to violate any of the provisions
of this Act or any rule or regulation promulgated under the Act
notwithstanding the existence of other remedies. The
injunction shall be entered without bond.
(Source: P.A. 83-1362.)
 
    (505 ILCS 80/20)  (from Ch. 5, par. 55.20)
    Sec. 20. Administrative hearings; notice. Any entity so
notified of violating this Act or its rules, shall be given the
opportunity to be heard as may be prescribed by the Director.
When an administrative hearing is held, the hearing officer,
upon determination of a violation of this Act, shall levy and
the Department shall collect administrative penalties in
addition to any initial penalty levied by this Act as follows:
        (1) A penalty of $1,000 shall be imposed for:
            (A) neglect or refusal by any entity, after notice
        in writing, to comply with provisions of this Act or
        its rules or any lawful order of the Director;
            (B) every sale, disposal, or distribution of a
        fertilizer that is under a stop-sale order; or
            (C) concealing facts or conditions, impeding,
        obstructing, hindering, or otherwise preventing or
        attempting to prevent the Director, or his or her duly
        authorized agent, in the performance of his or her duty
        in connection with the provisions of this Act.
        (2) A penalty of $500 shall be imposed for the
    following violations:
            (A) distribution of a fertilizer that is
        misbranded or adulterated;
            (B) distribution of a fertilizer that does not have
        an accompanying label attached or displayed;
            (C) failure to comply with any provisions of this
        Act or its rules other than described under this
        Section.
    The Department, over the signature of the Director, is
authorized to issue subpoenas and bring before the Department
any entity in this State to take testimony orally, by
deposition, or by exhibit, in the same manner prescribed by law
in judicial proceedings or civil cases in the circuit courts of
this State. The Director is authorized to issue subpoenas duces
tecum for records relating to a fertilizer distributor's or
registrant's business.
    When a fertilizer-soil amendment combination labeled in
accordance with 8 Ill. Adm. Code 211.40 Subpart (b) is subject
to penalties, the larger penalty shall be assessed.
    All penalties collected by the Department under this
Section shall be deposited into the Fertilizer Control Fund.
Any penalty not paid within 60 days after receiving the notice
from the Department shall be submitted to the Attorney
General's office for collection. Exchanges between
manufacturers.
    Nothing in this Act shall be construed to restrict or avoid
sales or exchanges of commercial fertilizers to each other by
importers, manufacturers or manipulators who mix fertilizer
materials for sale or as preventing the free and unrestricted
shipments of commercial fertilizer to manufacturers or
manipulators who have registered their brands as required by
the provisions of this Act.
(Source: Laws 1961, p. 3085.)
 
    (505 ILCS 80/21)  (from Ch. 5, par. 55.21)
    Sec. 21. Exchanges between manufacturers
Constitutionality. Nothing in this Act shall be construed to
restrict or avoid sales or exchanges of fertilizers to each
other by importers, manufacturers, or blenders who mix
fertilizer materials for sale or as preventing the free and
unrestricted shipments of fertilizer to manufacturers or
blenders who have registered their brands as required by the
provisions of this Act.
    If any clause, sentence, paragraph or part of this Act
shall for any reason be adjudged invalid by any court of
competent jurisdiction, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in
its operation to the clause, sentence, paragraph or part
thereof directly involved in the controversy in which such
judgment shall have been rendered.
(Source: Laws 1961, p. 3085.)
 
    (505 ILCS 80/21.5 new)
    Sec. 21.5. Constitutionality. If any clause, sentence,
paragraph, or part of this Act shall for any reason be adjudged
invalid by any court of competent jurisdiction, the judgment
shall not affect, impair, or invalidate the remainder thereof
but shall be confined in its operation to the clause, sentence,
paragraph, or part thereof directly involved in the controversy
in which the judgment shall have been rendered.
 
    (505 ILCS 80/6b rep.)
    (505 ILCS 80/18 rep.)
    Section 10. The Illinois Fertilizer Act of 1961 is amended
by repealing Sections 6b and 18.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
    505 ILCS 80/2from Ch. 5, par. 55.2
    505 ILCS 80/3from Ch. 5, par. 55.3
    505 ILCS 80/4from Ch. 5, par. 55.4
    505 ILCS 80/5from Ch. 5, par. 55.5
    505 ILCS 80/6from Ch. 5, par. 55.6
    505 ILCS 80/6afrom Ch. 5, par. 55.6a
    505 ILCS 80/7from Ch. 5, par. 55.7
    505 ILCS 80/8from Ch. 5, par. 55.8
    505 ILCS 80/9from Ch. 5, par. 55.9
    505 ILCS 80/10from Ch. 5, par. 55.10
    505 ILCS 80/11from Ch. 5, par. 55.11
    505 ILCS 80/12from Ch. 5, par. 55.12
    505 ILCS 80/13from Ch. 5, par. 55.13
    505 ILCS 80/14from Ch. 5, par. 55.14
    505 ILCS 80/15from Ch. 5, par. 55.15
    505 ILCS 80/16from Ch. 5, par. 55.16
    505 ILCS 80/17from Ch. 5, par. 55.17
    505 ILCS 80/18afrom Ch. 5, par. 55.18a
    505 ILCS 80/19from Ch. 5, par. 55.19
    505 ILCS 80/20from Ch. 5, par. 55.20
    505 ILCS 80/21from Ch. 5, par. 55.21
    505 ILCS 80/21.5 new
    505 ILCS 80/6b rep.
    505 ILCS 80/18 rep.