TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.10 METHODS OF SAMPLING, INSPECTING, ANALYZING, TESTING AND EXAMINING AGRICULTURAL, VEGETABLE, AND OTHER SEEDS AND TOLERANCES TO BE FOLLOWED IN THE ADMINISTRATION OF THE ACT
Section 230.10 Methods of
Sampling, Inspecting, Analyzing, Testing and Examining Agricultural, Vegetable,
and Other Seeds and Tolerances to be Followed in the Administration of the Act
The terms used in seed testing
and the methods of sampling, inspecting, analyzing, testing and examining
agricultural, vegetable and other seeds and the tolerances to be followed in
the administration of the Act shall be in accord with those of the Federal Seed
Act (7 U.S.C. 1551 et seq.) and/or those adopted effective July 1, 1955 and as
subsequently amended by the Association of Official Seed Analysts.
 | TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.20 PROHIBITED (PRIMARY) NOXIOUS WEED SEEDS
Section 230.20 Prohibited
(Primary) Noxious Weed Seeds
The following list of prohibited
noxious weed seeds is hereby established:
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Common name
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Scientific name
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Bindweed field
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Convolvulus arvensis
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|
|
|
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Cress, hoary
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Cardaria draba
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|
|
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Johnsongrass*
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Sorghum halepense
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|
|
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Knapweed, Russian
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Centaurea picris
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|
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|
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Sowthistle, perennial
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Sonchus arvensis
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|
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|
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Spurge, leafy
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Euphorbia esula
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Thistle, Canada
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Cirsium arvense
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Tussock, Serrated
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Nassella Trichotoma
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*NOTE: Johnsongrass includes
Sorghum Almum (Sorghum almum) and all seeds indistinguishable from Johnsongrass.
(Source: Amended at 13 Ill. Reg. 10499, effective June 16, 1989)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.30 RESTRICTED (SECONDARY) WEED SEEDS
Section 230.30 Restricted
(Secondary) Weed Seeds
The following list of restricted
noxious weed seeds is hereby established:
|
Common name
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Scientific name
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Buckhorn
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Plantago lanceolata
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|
|
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Bullnettle (horsenettle)
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Solanum carolinense
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Carrot, wild
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Daucus carota
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Daisy, oxeye
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Chrysanthemum leucanthemum
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|
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Dock, curled
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Rumex crispus
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Dodders
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Cuscuta spp.
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|
|
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Garlic, wild
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Allium vineale L.
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|
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Giant foxtail
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Setaria faberi
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Mustards
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Brassica juncea, B. kaber and
B. nigra
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Onion, wild
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Allium canadense L.
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Rape, bird
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Brassica campestris
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Quackgrass
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Agropyron repens
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| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.40 LABEL REQUIREMENTS
Section 230.40 Label
Requirements
The label or tag for each
container of agricultural, vegetable or other seeds as defined in the Act shall
contain the seed analysis information required in Section 4 of the Act, be in
compliance with prohibitions in Sections 5 and 5.1 of the Act, and comply with
rules pertaining to labeling required under the Federal Seed Act (7 U.S.C. 1551
et seq.) and the following:
a) The name of the kind or kind and variety for each agricultural
seed component present, either separately or collectively in excess of 5 percent
of the whole, and the percentage by weight of each in the order of its
predominance. Where more than one component is required to be named, the word
"mixture" or the word "mixed" shall be shown conspicuously
on the label or tag. Except, a blend of two or more varieties of a kind may be
sold as a blend or mixture; provided, that:
1) the kind name followed by the statement, "Varieties Not
Stated", shall be shown conspicuously on the label or tag, and
2) if the seed comes within the definition of "hybrid"
in the Federal Seed Act (7 U.S.C. 1551 et seq.) or Rules (7 C.F.R. 201.2(y) and
201.11a), and as amended in future amendments, the seed may be labeled as
"hybrid."
b) Origin (State or foreign country), if known, of alfalfa, red
clover, white clover and field corn (except hybrid corn). If the origin is
unknown, the fact shall be stated.
c) For agricultural or vegetable seed sold from vehicles, bins or
other bulk containers, to which the purchaser has access before buying, to
examine the seed and the label thereof, a complete label shall be attached to
such vehicle, bin, or other bulk container in a conspicuous place on the
exterior of said container or a placard conspicuously displayed with the
information required in Sections 4.0 through 5.1 of the Illinois Seed law and
this rule. All seed must be packaged in the presence of the purchaser. A label
or tag meeting all requirements of the Illinois Seed Law and Rules shall be
supplied to the purchaser if the seed is from one container and/or one lot and
in quantities of:
1) Agricultural seed or any mixture thereof, 10 pounds or more.
2) Lawn and/or Turf Grass seed or any mixture thereof, 4 pounds
or more.
3) NOTE: The labeling requirements for vegetable seeds sold in
bulk quantities of 1 pound or more shall be deemed to have been met if the seed
is weighted from a properly labeled container in the presence of the purchaser.
d) Net Weight. All net weight labeling shall be consistent with
the requirements of the Illinois Weights and Measures Act (Ill. Rev. Stat.
1979, Ch. 147, paragraph 101 et seq.) and its Rules. The net weight
information must appear on the container and may also appear on the seed label
or tag if desired.
e) Certified Agricultural and Vegetable Seeds. Each such
container of certified seed, if offered for sale as certified seed, shall meet
all the requirements for agricultural or vegetable seeds and in addition shall
have attached thereto a tag issued for such seed by the certifying agency.
f) Sample label For Single Agricultural Seed. The label shown in
Exhibit A is for a single agriculture seed and provides for a suitable
arrangement of required labeling data. This label may be used for hybrid corn
or a special label may be used omitting Origin, Hard Seed, and Total
Germination And Hard Seed on the label. The label shown in Exhibit A may be
used for mixtures of agricultural seeds by adding extra lines for the
components, germination and test dates (under the Kind of Seed). Where grown
(origin) is required for alfalfa, red clover, white clover, and field corn
(except hybrid corn). If the origin is unknown, the fact shall be stated.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.50 RELABELING SEED AFTER EXPIRATION OF GERMINATION DATE
Section 230.50 Relabeling
Seed After Expiration of Germination Date
When agricultural seeds, as
defined in the Act, remain in the inventory of a distributor or dealer after
the germination test has expired the seed must be removed from sale or
relabeled. New percentages of germination, hard seeds or dormant seeds, total
germination and hard seed, and the new date of germination may be entered on
the labels or tags previously attached to the seed only if these items are
inserted in such a way as to be clearly legible and the old percentages of
germination, hard seeds or dormant seeds, total germination and hard seed, and
date of germination are completely obliterated. In all cases where such
changes are necessary, the attachment of new labels or tags is advised. The
person upon whose premises the seed is located shall be held responsible for
obtaining the new test and for subsequent relabeling of the seed.
(Source: Amended at 12 Ill. Reg. 10437, effective July 1, 1988)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.60 PROHIBITIONS
Section 230.60 Prohibitions
It is unlawful for any person to
sell, offer for sale, expose for sale or transport for sale any agricultural
seeds as defined in the Act for seeding purposes within this State without
meeting the requirements listed in Sections 4, 5 and 5.1 of the Act and the
following:
a) No agricultural seed (including mixture) shall contain or
consist of prohibited (primary) noxious weed seeds.
b) No agricultural seed or mixtures of same shall contain
restricted (secondary) noxious weed seeds either singly or collectively in
greater numbers than the proportions of 1 to 1000 agricultural seeds.
c) The 36 month germination test period for agricultural and
vegetable seeds labeled and packed in hermetically sealed containers shall not
apply unless all the conditions and standards prescribed in the Federal Seed
Act (7 U.S.C. 1551 et seq.) and Rules (7 C.F.R. 201.36(c) through 201.36(e)),
and as hereinafter may be amended, have been met.
d) For seeds placed in a germination medium, mat, tape, or other
device in such a way as to make it difficult to determine the quantity of seed
without removing the seeds from the medium, mat, tape, or device, a statement
to indicate the minimum number of seeds and the size of container shall appear
on the label.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.70 SEED PERMIT
Section 230.70 Seed Permit
It is unlawful for any person to
sell, offer for sale, expose for sale or transport for sale any seed, as
defined in this Act, for seeding purposes within this State without meeting the
requirements listed in Section 10 of the Act and the following:
a) Application for a seed permit shall be submitted on a form
approved and furnished by the Department of Agriculture and shall be
accompanied by a check, draft or money order in the amount provided as follows:
|
1)
|
Retail seed dealer .................................................................... $10.00
|
|
2)
|
Wholesale seed dealer ............................................................ $30.00
|
|
3)
|
Seed broker ............................................................................. $30.00
|
|
4)
|
Seed merchant (will be issued
both a wholesale
|
|
|
and retail permit)..................................................................... $40.00
|
|
5)
|
Operator(s) of public auction
sale or similar type
|
|
|
consignment sale .................................................................... $30.00
|
b) As a further requirement, any person who does not have a fixed
place of business or who is traveling, peddling or is an itinerant, who sells
or offers for sale seed in this State shall comply with all the requirements of
the Act and the Rules promulgated pursuant thereto.
c) A separate permit shall be required for each location and
facility which distributes seed in or into this State and meets the
requirements of Section 10 of The Illinois Seed Law (Ill. Rev. Stat. 1987, ch.
5, par. 410).
d) Persons selling, offering or exposing for sale seed of their
own production, provided that such seed is sold and delivered only on the farm
or premises where grown, are exempt from the permit requirement by Section
10.3(b) of the Act. However, all seed sold by the above-named persons shall be
labeled on the basis of tests performed by the Illinois State Seed Laboratory
or a commercial seed laboratory personally supervised by a registered seed technologist.
e) Label requirements and tests for labeling shall be in
accordance with The Illinois Seed Law and the rules promulgated pursuant
thereto.
(Source: Amended at 12 Ill. Reg. 10437, effective July 1, 1988)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.80 FEE CHARGES FOR REQUESTED OFFICIAL SEED SAMPLING AND FOR SEED SAMPLES SUBMITTED FOR PURITY ANALYSIS, NOXIOUS WEED TEST AND GERMINATION TEST
Section 230.80 Fee Charges
for Requested Official Seed Sampling and for Seed Samples Submitted for Purity
Analysis, Noxious Weed Test and Germination Test
There are three tests: the
purity analysis, which includes an Illinois noxious weed seed examination, the
germination test, and the noxious weed seed test.
a) Samples for seed testing shall be tested in the order of
receipt during the period between July 1 to June 30 of each year and charges
made in accordance with the fee schedule established under Section 230.80.
b) Fee charges for each seed sample submitted for purity analysis
shall be as follows:
1) $5.00 each for timothy, clovers, alfalfas, cereal grains,
vetch, oil seed crops, such as soybeans, rape, sunflowers and such other oil
seed crops, and sudangrass.
2) $6.00 each for redtop, bluegrasses, bentgrasses, smooth brome,
ryegrass, fescues, and native grasses (see Section 230.150).
3) Seed Mixtures. The charge for seed mixtures (in which more
than one kind of crop seed is present to the extent of 5% or more) is the total
of the fee for the kind of crop seed in the mixture having the highest fee and
50% of the fees applicable to the other kinds in the mixture.
4) The charge for kinds not listed will be comparable to a
similar kind.
5) The State Seed Laboratory shall not be obligated to analyze
for purity and/or test for germination any uncleaned, unprocessed, and other
time-consuming sample, or any sample which obviously does not meet State Seed
Law requirements.
c) Fee charges for germination tests of seed shall be as follows:
1) $8.00 each for seed mixtures and native grasses (see Section
230.150).
2) $4.00 each for agricultural, vegetable and other seeds as
defined in the Act.
d) Fee charges for a noxious weed seed test shall be $5.00 per
sample.
e) Samples which do not indicate the test desired will be given
both purity analysis and germination test and charged accordingly. Samples
submitted for a noxious weed seed test will be given an Illinois noxious weed
seed examination unless other states' noxious weed seed examinations are
specified.
f) Additional test charges:
1) An additional charge of $15.00 will be made for each
"Rush" test sample. When speed is important, a "Rush"
order insures that tests are begun the day your sample arrives (except for
weekends and holidays).
2) A purity analysis can usually be completed within a few hours
unless a complex mixture of seeds is involved. A request for a phone report
will be fulfilled. All telephone reports will be made "collect" to
person requesting the tests.
g) Billing procedure and analysis invoice:
1) Billing procedure for testing fees. Persons submitting
samples will receive a statement for services performed by the State Seed
Laboratory at the end of each month.
2) Said seed analysis invoice will be mailed at the end of the
month testing was completed. Fees are due and payable 30 days after receipt of
invoice.
h) The State Seed Laboratory shall furnish a copy of the
laboratory report on an Official Seed Sample to the person from whom the sample
was obtained and to the wholesaler when the sample does not meet The Illinois
Seed Law (Ill. Rev. Stat. 1987, ch. 5, pars. 401 et seq.) and/or Federal Seed
Law (7 U.S.C.A. 1551 et seq. (1973 & West Supp. 1974-1987)) requirements.
On Official Samples which do meet the requirements, a laboratory report shall
be furnished only to the person from whom the sample was obtained.
i) If requests are made for additional copies of seed test
reports on submitted seed samples, there shall be an additional charge of $5.00
per copy.
j) A fee of $25.00 per hour will be charged to persons who
request an official sample to be obtained by the Department for purposes of
analysis. The rate per hour will commence upon arrival of Department personnel
and cease upon the departure of such personnel.
k) The Department will refuse service to persons whose unpaid
accounts are 120 days or more past due.
(Source: Amended at 12 Ill. Reg. 10437, effective July 1, 1988)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.90 SAMPLING IN THE ADMINISTRATION OF THE ACT
Section 230.90 Sampling in
the Administration of the Act
a) General Procedure.
1) In order to secure a representative sample, equal portions
shall be taken from evenly distributed parts of the quantity of seed to be
sampled. Access shall be had to all parts of that quantity. When more than one
trierful of seed is drawn from a bag, different paths shall be followed. When
more than one handful shall be taken from a bag, the handfuls shall be taken
from well-separated points.
2) Free-flowing seed.
A) For free-flowing seed in bags or bulk, a probe or trier shall
be used.
B) For small free-flowing seed in bags a probe or trier long
enough to sample all portions of the bag should be used.
3) Non-free flowing seed, such as certain grass seed or uncleaned
seed, difficult to sample with a probe or trier, shall be sampled by thrusting
the hand into the bulk and withdrawing representative portions. The hand is
inserted in an open position and the fingers are held closely together while
the hand is being inserted and the portion withdrawn.
4) As the seed is sampled, each portion shall be examined. If
there appears to be lack of uniformity, the portions shall not be combined into
a composite sample but shall be retained as separate samples or combined as to
form individual-container samples to determine such lack of uniformity as may
exist.
5) When the portions appear to be uniform, they shall be combined
to form a composite sample.
b) Bulk. Bulk seeds shall be sampled by inserting a long probe or
thrusting the hand into the bulk as circumstances require in at least seven
uniformly distributed parts of the quantity being sampled. At least as many
trierfuls or handfuls shall be taken as the minimum which would be required for
the same quantity of seed in bags of a size customarily used for such seed.
c) Bags.
1) For lots of six bags or less, each bag shall be sampled. A
total of at least five trierfuls shall be taken.
2) For lots of more than six bags, five bags plus at least 10
percent of the number of bags in the lot shall be sampled. (Round off numbers
with decimals to the nearest whole number, raising 0.5 to the next whole
number.) Regardless of the lot size, it is not necessary to sample more than
thirty bags. Example:
|
No. Bags in Lot .................................
|
7
|
10
|
23
|
50
|
|
No. Bags in Sample...........................
|
6
|
6
|
7
|
10
|
|
|
|
|
|
|
|
No. Bags in Lot .................................
|
100
|
200
|
300
|
400
|
|
No. Bags in Sample...........................
|
15
|
25
|
30
|
35
|
3) Samples shall be drawn from unopened bags, when available.
Samples may be drawn from open bags if unopened bags are not available and the
identity of seed has been preserved. When sampling open bags, probe the lower
portion of the bag if possible. The seed near the opening of the bag may be
contaminated by customers and others. Check the name of the kind and the lot
number of each bag before probing to avoid mixing lots.
d) Small Containers. In sampling seed in small containers which
it is not practical to sample as required in subsection (c), entire unopened
containers may be taken in sufficient number to supply a minimum size sample as
required in subsection (e) of this Section. The sample may consist of the
contents of one container, or two or more containers when combined.
e) Size of Sample. The following are minimum sizes of samples of
agricultural seed to be submitted for purity analysis and germination test.
For germination test only submit one-half the following required quantities:
1) Two ounces (56 grams) of grass seed such as timothy, redtop,
bluegrass, or seeds not larger than these.
2) Five ounces (140 grams) of red clover, sweetclover, alsike,
alfalfa or seeds of similar size.
3) Eight ounces (224 grams) of fescue, ryegrass or seeds of
similar size, except 12 ounces (336 grams) of smooth brome.
4) Thirty-six ounces (1000 grams) of wheat, rye, barley,
soybeans, corn, or seeds of similar or larger size.
5) Vegetable seed samples shall consist of at least 400 seeds per
sample for germination purposes.
f) Information to be Given on Sample for Testing.
1) Name and address of owner.
2) Kind of seed.
3) Variety (if known).
4) Lot number or other stock identification.
5) Year grown, month of harvest (if known), and where grown.
6) Type test desired (whether purity only, germination only, or
both.
7) Information as to year grown, month of harvest (if known), and
where grown must accompany each sample of seed sent for testing. If the seed
is old and only a check of germination is desired, the analyst will not waste
time and delay your laboratory report, in retesting if first germination
percentage is low. The State Seed Laboratory also needs this information on
new seed since some must be prechilled for germination.
g) Forwarding Samples to Seed Laboratory.
1) Samples of seed on which tests are desired should be sent to
the Illinois Department of Agriculture, Division of Plant Industries and
Consumer Services, Bureau of Laboratories, State Fairgrounds, P.O. Box 19281,
Springfield, Illinois 62794-9281. Each sample should be carefully identified
with the kind, variety, and lot number of the seed it represents and the name
and address of the person submitting the sample. Be sure your seed packets are
break-proof and sift-proof. Send your samples by first class mail or parcel
post.
2) Specific instructions must be provided concerning the type of
test or analysis desired. Also if there are any special instructions for
billing, providing extra copies of the report, "Rush" test, etc.,
they should be indicated either on the sample container or in the covering
letter.
3) The time required for testing depends upon two factors. One
is the number of other samples being received by the laboratory at the time the
sample arrives and the other is the time required to complete the test
requested. Usually tests can be started within 1 to 3 days after the sample is
received. However, during the heavy testing period, January – February – March –
April, this may be extended to a week or more before samples can be tested.
The time required for germination tests may be as long as a month or more for
some kinds of seed. The average germination testing period is between 7 to 10
days.
(Source: Amended at 12 Ill. Reg. 10437, effective July 1, 1988)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.100 LABELING TREATED SEED
Section 230.100 Labeling
Treated Seed
All seed treated as defined in
Section 4 of the Act shall be labeled to show the following:
a)
1) Contents of label. Any agricultural seed or any mixture
thereof or any vegetable seed or any mixture thereof for seeding purposes that
has been treated shall be labeled in type no smaller than 8 points to indicate
that the seed has been treated and to show the name of any substance or a
description of any process (other than application of a substance) used in such
treatment in accordance with this rule; for example:
|
Treated with
|
|
|
|
(Name
of substance or process)
|
|
or
|
|
treated
|
|
|
(Name
of substance or process)
|
|
2) If the substance used in such treatment in the amount
remaining with the seed is harmful to humans or other vertebrate animals, the
seed shall also bear a label containing additional statements as required by
paragraphs (c) and (d) of this rule. The label shall contain the required
information in any form that is clearly legible and complies with the Act and
its rules. The information may be on the analysis tag, or label, or on a
separate tag, or it may be printed in a conspicuous manner on a side or top of
the container.
b) Name of substance. The name of any substance as required by
paragraph (a) of this rule shall be commonly accepted coined, chemical
(generic), or abbreviated chemical name. Commonly accepted coined names are
free for general use by the public, are not private trademarks, and are
commonly recognized as names of particular substances, such as thiram and
captan. An example of a commonly accepted chemical (generic) name is
hexachlorbenzene.
c) All Highly Toxic Substances.
1) Seed treated with a highly toxic substance, if any amount
remains with the seed, shall be labeled to show a representation of a skull and
crossbones at least twice the size of the type used for information required to
be on the label under paragraph (a) and shall also include in red letters on a
background of distinctly contrasting color a statement worded substantially as
follows: "This seed has been treated with Poison," "Poison
treated," or "Poison." The word "Poison" shall appear
in type no smaller than 8 points.
2) Any amount of substances remaining with the seed is considered
harmful within the meaning of this rule.
d) Other harmful substances. If a substance, other than one
which would be classified as a highly toxic substance under paragraph (c) of
this rule, is used in the treatment of seed, and the amount remaining with the
seed is harmful to humans or other vertebrate animals, the seed shall be
labeled with an appropriate caution statement in type no smaller than 8 point
worded substantially: "So not use for food," "Do not use for
feed," "Do not use for oil purposes" or "Do not use for
food, feed or oil purposes."
e) No treated seed shall be re-packaged and sold without proper
warning labels.
f) Any substance used in the treatment of seed grains or seed
which might be used for feed or human consumption, which is of a toxic nature,
shall be colored so as to be readily discernible as required by rules of the
Federal Food, Drug and Cosmetic Act, as amended (21 U.S.C. 301 et seq.).
g) In the case of seed in bulk, the information required on the
labels of packaged seed shall appear on the container and the invoice or other
records accompanying and pertaining to such seed.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.110 PLANT VARIETY PROTECTION ACT
Section 230.110 Plant
Variety Protection Act
a) The Illinois Department of Agriculture through written
cooperative agreement with the United States Department of Agriculture is
authorized and empowered to carry out the provisions of the "Plant Variety
Protection Act" (7 U.S.C. 2321 et seq.) and its Rules (7 CFR 108.1 et
seq.).
b) All persons subject to the Plant Variety Protection Act shall
keep all such records and seed samples as required by that Act and its Rules.
c) The Department in carrying out the provisions of the Plant
Variety Protection Act and its Rules within the State will where applicable use
the provisions of the Illinois Seed Law and its Rules.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.120 SAMPLING SMALL CONTAINERS IN THE ADMINISTRATION OF THIS ACT
Section 230.120 Sampling
Small Containers in the Administration of this Act
Seed in small containers shall
be sampled by taking the entire unopened containers in sufficient number to
supply a minimum size Official Seed Sample as required by the Illinois Seed Law
and/or the Federal Seed Act (7 U.S.C. 1551 et. seq.). The contents of a single
container or the combined contents of multiple containers of the same lot shall
be considered representative of the entire lot of seed sampled. The person who
sold, offered, or exposed the seed for sale shall furnish the small containers
free of charge for the Official Seed Sample Tests.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.130 HYBRID
Section 230.130 Hybrid
The labeling of hybrids shall be
in accordance with the rules of the United States Department of Agriculture as
currently set forth by virtue of the authority of the Federal Seed Act (7 CFR
201.2(y) and 201.11a) Hybrid, and as amended in future amendments.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.140 GERMINATION STANDARDS FOR VEGETABLE SEEDS
Section 230.140 Germination
Standards for Vegetable Seeds
The following are minimum
germination standards established for vegetable seeds which include any hard
seeds in accordance with Section 4.4 of The Illinois Seed Law (Ill. Rev. Stat.
1987, ch. 5, par. 404.4):
|
|
PERCENT
|
|
Artichoke
|
60
|
|
|
|
|
Asparagus
|
70
|
|
|
|
|
Asparagusbean
|
75
|
|
|
|
|
Bean, garden
|
70
|
|
|
|
|
Bean, lima
|
70
|
|
|
|
|
Bean, runner
|
75
|
|
|
|
|
Beet
|
65
|
|
|
|
|
Broadbean
|
75
|
|
|
|
|
Broccoli
|
75
|
|
|
|
|
Brussels sprouts
|
70
|
|
|
|
|
Burdock, great
|
60
|
|
|
|
|
Cabbage
|
75
|
|
|
|
|
Cabbage, tronchuda
|
75
|
|
|
|
|
Cantaloupe (See muskmelon)
|
|
|
|
|
|
Cardoon
|
60
|
|
|
|
|
Carrot
|
55
|
|
|
|
|
Cauliflower
|
75
|
|
|
|
|
Celeriac
|
55
|
|
|
|
|
Celery
|
55
|
|
|
|
|
Chard, Swiss
|
65
|
|
|
|
|
Chicory
|
65
|
|
|
|
|
Chinese cabbage
|
75
|
|
|
|
|
Chives
|
50
|
|
|
|
|
Citron
|
65
|
|
|
|
|
Collards
|
80
|
|
|
|
|
Corn, sweet
|
75
|
|
|
|
|
Cornsalad
|
70
|
|
|
|
|
Cowpea
|
75
|
|
|
|
|
Cress, garden
|
75
|
|
|
|
|
Cress, upland
|
60
|
|
|
|
|
Cress, water
|
40
|
|
|
|
|
Cucumber
|
80
|
|
|
|
|
Dandelion
|
60
|
|
|
|
|
Eggplant
|
60
|
|
|
|
|
Endive
|
70
|
|
|
|
|
Kale
|
75
|
|
|
|
|
Kale, Chinese
|
75
|
|
|
|
|
Kale, Siberian
|
75
|
|
|
|
|
Kohlrabi
|
75
|
|
|
|
|
Leek
|
60
|
|
|
|
|
Lettuce
|
80
|
|
|
|
|
Muskmelon
|
75
|
|
|
|
|
Mustard, India
|
75
|
|
|
|
|
Mustard, spinach
|
75
|
|
|
|
|
Okra
|
50
|
|
|
|
|
Onion
|
70
|
|
|
|
|
Onion, Welsh
|
70
|
|
|
|
|
Pak-choi
|
75
|
|
|
|
|
Parsley
|
60
|
|
|
|
|
Parsnip
|
60
|
|
|
|
|
Pea
|
80
|
|
|
|
|
Pepper
|
55
|
|
|
|
|
Pumpkin
|
75
|
|
|
|
|
Radish
|
75
|
|
|
|
|
Rhubarb
|
60
|
|
|
|
|
Rutabaga
|
75
|
|
|
|
|
Salsify
|
75
|
|
|
|
|
Sorrel
|
65
|
|
|
|
|
Soybean
|
75
|
|
|
|
|
Spinach
|
60
|
|
|
|
|
Spinach, New Zealand
|
40
|
|
|
|
|
Squash
|
75
|
|
|
|
|
Tomato
|
75
|
|
|
|
|
Tomato, husk
|
50
|
|
|
|
|
Turnip
|
80
|
|
|
|
|
Watermelon
|
70
|
(Source: Amended at 12 Ill. Reg. 10437, effective July 1, 1988)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.150 NATIVE GRASSES
Section 230.150 Native
grasses
The following list of native
grasses is hereby established in accordance with Section 5 of The Illinois Seed
Law (Ill. Rev. Stat. 1987, ch. 5, par. 405):
|
COMMON NAME
|
SCIENTIFIC NAME
|
|
Big Bluesteam
|
Andropogon gerardii
|
|
|
|
|
Indian Grass
|
Sorghastrum nutans
|
|
|
|
|
Switch Grass
|
Panicum virgatum
|
|
|
|
|
Little Bluesteam
|
Schizachyrium scoparium
|
|
|
|
|
Side Oats Grama
|
Bouteloua curtipendula
|
|
|
|
|
Nodding Wild Rye
|
Elymus canadensis
|
(Source: Amended at 12 Ill. Reg. 10437, effective July 1, 1988)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.160 GROWER'S DECLARATION (REPEALED)
Section 230.160 Grower's
Declaration (Repealed)
(Source:
Repealed at 12 Ill. Reg. 10437, effective July 1, 1988)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.170 LABELING OF SEED DISTRIBUTED TO WHOLESALERS
Section 230.170 Labeling of
Seed Distributed to Wholesalers
The labeling of seed supplied to
a wholesaler or distributor may be on the invoice or an analysis label attached
thereto.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.180 GERMINATION AS TO MIXTURES
Section 230.180 Germination
as to Mixtures
The rules and methods adopted
and approved by the Association of Official Seed Analysts of North America are
adopted by the State Seed Laboratory for the testing and germination of all
crop and vegetable seed, so long as they comply with the Illinois Seed Law.
When samples of field seed contain less than 2% of such seed as alsike clover,
ladino and white dutch clovers, or other seed of similar size, it will not be
necessary to test such components for germination. When 100 seeds or less is
found in excess of 2%, the germination test shall be made from the seeds
obtained and percentages taken. When less than 2% of any of the components are
found, it will not be necessary to test for germination on such components.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.190 DISCLAIMERS, LIMITED WARRANTIES AND NONWARRANTIES
Section 230.190 Disclaimers,
Limited Warranties and Nonwarranties
The use of a disclaimer, limited
warranty, or nonwarranty clause in any invoice, advertising, labeling, or
written, printed, or graphic matter, pertaining to any seed shall not
constitute a defense, or be used as a defense in any way, in any prosecution or
other proceeding brought under the provisions of the Act, or the rules made and
promulgated thereunder. Nothing in this rule is intended to preclude the use
of disclaimer, limited warranty, or nonwarranty clause as a defense in any
proceeding not brought under the Act.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.200 USE OF THE DEPARTMENT OF AGRICULTURE IN ADVERTISING
Section 230.200 Use of the
Department of Agriculture in Advertising
No person, firm or corporation
shall, in any manner, use for advertising purposes the name of the Illinois
Department of Agriculture in connection with the sale of any agricultural
seeds.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.210 SEED CERTIFYING AGENCY
Section 230.210 Seed
Certifying Agency
The University of Illinois
Agricultural Experiment Station has appointed the Illinois Crop Improvement
Association, the seed certifying agency in Illinois under the provisions of
Section 9 of the Act. The Department of Agriculture will recognize as official
the standards and rules for seed certification last established and authorized
by the University of Illinois Agricultural Experiment Station and as carried
out by its authorized agent, the Illinois Crop Improvement Association, under
the authority granted in Section 9 of the Act, provided they are in compliance
with the Illinois Seed Law and its Rules.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.220 UNCLEANED SEED
Section 230.220 Uncleaned
Seed
Agricultural seeds shall be
considered uncleaned if the total inert matter and weed seeds exceed 20% of the
sample in cases of bluegrasses, redtop, bentgrasses, orchardgrass, creeping red
fescue, and smooth brome; and 3% in all other agricultural seeds. Such seeds
shall not be sold within this State.
(Source: Amended at 12 Ill. Reg. 10437, effective July 1, 1988)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.230 UNCLEANED SEED (REPEALED)
Section 230.230 Uncleaned
Seed (Repealed)
(Source:
Repealed at 12 Ill. Reg. 10437, effective July 1, 1988)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.240 REVOCATION OF PERMITS
Section 230.240 Revocation
of Permits
Permits may be revoked by the
Director of Agriculture, State of Illinois, for violation of the Illinois Seed
Law or the Rules as promulgated by the Department.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.250 REFUSAL TO ISSUE PERMIT
Section 230.250 Refusal to
Issue Permit
The Department may refuse to
issue a permit to an applicant who has failed to comply with or abide by the
Illinois Seed Law or the Rules promulgated by the Department.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.260 SEED CONTRACT
Section 230.260 Seed
Contract
In accordance with Section 11.1
of the Act, seed permit holders shall use "seed contracts" to
represent the acquisition of agricultural seed from Illinois producers. Such
contracts shall be organized on a calendar year basis and shall be maintained
by the seed permit holder for at least two years after the close of the
calendar year in which delivery was made against the contract.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.270 SEED DISPOSITION REPORT
Section 230.270 Seed
Disposition Report
Section 11.2 of the Act requires
all seed permit holders to produce a "seed disposition report." Such
reports shall be produced on a calendar year basis and shall accompany the seed
permit holder's annual renewal application. The seed disposition report shall
express the total amount of each kind of seed. Furthermore, the seed
disposition report must describe the method of disposal for all seed disposed
of other than seed and, in the case of grain disposed of through a licensed
Illinois grain dealer, the grain dealer's license number shall be recorded.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.280 REMOVAL OF SEED PERMIT
Section 230.280 Removal of
Seed Permit
In no case, in his pursuit of
enforcement action under Section 12 of the Act, shall the Director cause a seed
permit to be removed from the permit holders premises without first notifying
the permit holder in writing of his intention to remove the permit; said
written notice to describe the specific conditions which have caused him to
pursue that action.
Section 230.EXHIBIT A Example of Label or Tag for Container of Agricultural, Vegetable or Other Seeds
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER g: SEEDS
PART 230
ILLINOIS SEED LAW
SECTION 230.EXHIBIT A EXAMPLE OF LABEL OR TAG FOR CONTAINER OF AGRICULTURAL, VEGETABLE OR OTHER SEEDS
Section 230.EXHIBIT A Example
of Label or Tag for Container of Agricultural, Vegetable or Other Seeds
|
Kind of Seed
|
|
|
Variety
|
|
Lot No.
|
|
|
|
Origin
|
|
|
Germination
|
|
%
|
|
Pure Seed
|
|
%
|
Hard Seed
|
|
%
|
|
Other Crop Seed
|
|
%
|
Total Germination And
|
|
|
Insert Matter
|
|
%
|
Hard Seed
|
|
%
|
|
Weed Seed
|
|
%
|
Date of Test
|
|
|
Noxious Weed Seed (rate of
occurrence)
|
|
|
|
|
Net Weight*
|
|
|
Name
|
|
|
|
|
|
|
|
Address
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
* NOTE: Net Weight is optional on the label, please see 8 Ill. Adm. Code
Section 230.40(d) for complete information on "Net Weight" labeling.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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|
