HB5539 EngrossedLRB097 20044 CEL 65371 b

1    AN ACT concerning agriculture.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Fertilizer Act of 1961 is amended
5by changing Sections 2, 3, 4, 5, 6, 6a, 7, 8, 9, 10, 11, 12, 13,
614, 15, 16, 17, 18a, 19, 20, and 21 and by adding Section 21.5
7as follows:
 
8    (505 ILCS 80/2)  (from Ch. 5, par. 55.2)
9    Sec. 2. Enforcing official. The Director of the Department
10of Agriculture, hereinafter referred to as the "Director",
11shall administer this Act. This Act shall be administered by
12the Director of the Department of Agriculture, hereinafter
13referred to as the "Director".
14(Source: Laws 1961, p. 3085.)
 
15    (505 ILCS 80/3)  (from Ch. 5, par. 55.3)
16    Sec. 3. Definitions of words and terms. When used in this
17Act unless the context otherwise requires:
18    "AAPFCO" means the Association of American Plant Food
19Control Officials.
20    "Adulterated" shall apply to any fertilizer:
21        (i) that contains any deleterious or harmful
22    substance, defined under the provisions of this Act or its

 

 

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1    rules or regulations, in sufficient amount to render it
2    injurious to beneficial plant life, animals, humans,
3    aquatic life, soil, or water when applied in accordance
4    with directions for use on the label;
5        (ii) when its composition falls below or differs from
6    that which it is purported to possess by its labeling;
7        (iii) contains unwanted crop seed or weed seed.
8    "Anhydrous ammonia" means the compound formed by the
9combination of 2 gaseous elements, nitrogen and hydrogen, in
10the proportion of one part of nitrogen to 3 parts of hydrogen
11(NH3) by volume. Anhydrous ammonia is a fertilizer of ammonia
12gas in compressed and liquified form. It is not aqueous ammonia
13which is a solution of ammonia gas in water and which is
14considered a low-pressure nitrogen solution.
15    "Blender" means any entity or system engaged in the
16business of blending fertilizer. This includes both mobile and
17fixed equipment, excluding application equipment, used to
18achieve this function.
19    "Blending" means the physical mixing or combining of: one
20or more fertilizer materials and one or more filler materials;
212 or more fertilizer materials; 2 or more fertilizer materials
22and filler materials, including mixing through the
23simultaneous or sequential application of any of the outlined
24combinations listed in this definition, to produce a uniform
25mixture.
26    "Brand" means a term, design, or trademark used in

 

 

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1connection with one or several grades of fertilizers.
2    "Bulk" means any fertilizer distributed in a single
3container greater than 100 pounds.
4    "Consumer or end user" means the final purchaser prior to
5application.
6    "Custom blend" means a fertilizer blended according to
7specifications provided to a blender in a soil test nutrient
8recommendation or to meet the specific consumer request prior
9to blending.
10(a) The term "fertilizer material" means any substance
11containing nitrogen, phosphorus, potash or any other
12recognized plant nutrient element or compound which is used
13primarily for its plant nutrient content or for compounding
14mixed fertilizers except unmanipulated animal and vegetable
15manures.
16    (b) The term "mixed fertilizer" means any combination or
17mixture of fertilizer materials designed for use or claimed to
18have value in promoting plant growth.
19    (c) The term "commercial fertilizer" means mixed
20fertilizer and/or fertilizer materials except the following
21natural products: agricultural limestone, marl, sea solids and
22unprocessed animal manure, which have not been manipulated so
23as to alter or change them chemically and burnt or hydrated
24lime, and sewage sludge produced by any sanitary district shall
25not be subject to the provisions of this Act. Such term does
26not include "custom mixes" as defined herein.

 

 

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1    (d) The term "anhydrous ammonia" means the compound formed
2by the combination of two gaseous elements, nitrogen and
3hydrogen, in the proportion of one part of nitrogen to three
4parts of hydrogen (NH 3) by volume. Anhydrous ammonia is a
5commercial fertilizer of ammonia gas in compressed and
6liquified form. It is not aqueous ammonia which is a solution
7of ammonia gas in water and which is considered a low pressure
8nitrogen solution.
9    (e) The term "specialty fertilizer" means a commercial
10fertilizer distributed primarily for nonfarm use, such as home
11gardens, lawns, shrubbery, flowers, golf courses, municipal
12parks, cemeteries, green houses and nurseries, and may include
13commercial fertilizer used for research or experimental
14purposes.
15    (f) The term "bulk fertilizers" means commercial
16fertilizer or custom mix distributed in a non-packaged form.
17    (g) The term "custom mix" means a mixture of 2 or more
18commercial fertilizers mixed at time of shipment to the
19specific order of the consumer.
20    "Custom blender" (h) The term "custom mixer" means any
21entity a person who produces and sells custom blended
22fertilizers mixes.
23    "Deficiency" means the amount of nutrient found by analysis
24less than that guaranteed that may result from a lack of
25nutrient ingredients or from lack of uniformity.
26    "Department" means the Illinois Department of Agriculture.

 

 

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1    "Department rules or regulations" means any rule or
2regulation implemented by the Department as authorized under
3Section 14 of this Act.
4    "Director" means the Director of Agriculture or a duly
5authorized representative.
6    "Distribute" means to import, consign, manufacture,
7produce, store, transport, custom blend, compound, or blend
8fertilizer or to transfer from one container to another for the
9purpose of selling, giving away, bartering, or otherwise
10supplying fertilizer in this State.
11    "Distributor" means any entity who distributes fertilizer.
12    "Entity" means any individual, partnership, association,
13firm, or corporation.
14    "Fertilizer" means any substance containing one or more of
15the recognized plant nutrient nitrogen, phosphate, potash, or
16those defined under 8 Ill. Adm. Code 210.20 that is used for
17its plant nutrient content and that is designed for use or
18claimed to have value in promoting plant growth, except
19unmanipulated animal and vegetable manures, sea solids, marl,
20lime, limestone, wood ashes, and other products exempted by
21regulation by the Director.
22    "Fertilizer material" means a fertilizer that either:
23        (A) contains important quantities of no more than one
24    of the primary plant nutrients: nitrogen (N), phosphate
25    (P2O5), and potash (K2O);
26        (B) has 85% or more of its plant nutrient content

 

 

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1    present in the form of a single chemical compound; or
2        (C) is derived from a plant or animal residue or
3    by-product or natural material deposit that has been
4    processed in such a way that its content of plant nutrients
5    has not been materially changed except by purification and
6    concentration.
7(i) The term "brand" means a term, design, or trade mark used
8in connection with one or several grades of commercial
9fertilizers.
10    (j) The term "guaranteed analysis" means the minimum
11percentages of plant nutrients claimed in the following order
12and form:
13    A. Total Nitrogen (N)...............................%
14    Available Phosphoric Acid (P2O5)....................%
15    Soluble Potash (K2O)....................................%
16    B. For unacidulated mineral phosphatic materials and basic
17slag, both total and available phosphoric acid and the degree
18of fineness. For bone, tankage, and other organic phosphatic
19materials, total phosphoric acid.
20    C. Additional plant nutrients expressed as the elements,
21when permitted by regulation.
22    D. Potential basicity or acidity expressed in terms of
23calcium carbonate equivalent in multiples of 100 pounds per
24ton, when required by regulation.
25    "Grade" (k) The term "grade" means the minimum percentage
26of total nitrogen, available phosphoric phosphate acid

 

 

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1(P2O5 P2O5) and soluble potash (K2O K2O) stated in the whole
2numbers in the same terms, order, and percentages as in the
3guaranteed analysis, provided that specialty fertilizers may
4be guaranteed in fractional units of less than 1% of total
5nitrogen, available phosphate, and soluble potash and that
6fertilizer materials, bone meal, manures, and similar
7materials may be guaranteed in fractional units order given in
8this definition.
9    "Guaranteed analysis" means the minimum percentages of
10plant nutrients claimed in the following order and form:
11        A. Total Nitrogen (N)...............................%
12           Available Phosphate (P2O5).......................%
13           Soluble Potash (K2O).............................%
14        B. For unacidulated mineral phosphatic materials and
15    basic slag, both total and available phosphate and the
16    degree of fineness. For bone, tankage, and other organic
17    phosphatic materials, total phosphate.
18        C. Guarantees for plant nutrients other than nitrogen,
19    phosphate, and potash may be permitted or required by
20    regulation by the Director. The guarantees for such other
21    nutrients shall be expressed in the form of the element.
22    "Investigational allowance" means an allowance for
23variations inherent in the taking, preparation, and analysis of
24an official sample of fertilizer.
25    "Label" means the display of all written, printed, or
26graphic matter upon the immediate container or a statement

 

 

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1accompanying a fertilizer.
2    "Labeling" means all (i) written, printed, or graphic
3matter upon or accompanying any fertilizer or (ii)
4advertisements, Internet, brochures, posters, and television
5and radio announcements used in promoting the sale of
6fertilizer.
7    "Lot" means an identifiable quantity of fertilizer that can
8be sampled according to AOAC International procedures, such as
9the amount contained in a single vehicle, the amount delivered
10under a single invoice, or in the case of bagged fertilizer,
11not more than 25 tons.
12    (l) The term "official sample" means any sample of
13commercial fertilizer or custom mix taken by the Director or
14his agent and designated as "official" by the Director.
15    (m) The term "ton" means a net weight of 2000 pounds
16avoirdupois.
17    (n) The term "per cent" or "percentage" means the
18percentage by weight.
19    (o) The term "person" means any individual, partnership,
20association, firm and corporation.
21    (p) The term "distribute" means to offer for sale, sell,
22barter, store, handle, transport or otherwise supply
23commercial fertilizers or custom mix. The term "distributor"
24means any person who distributes.
25    (q) Words importing the singular number may extend and be
26applied to several persons or things and words importing the

 

 

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1plural number may include the singular.
2    (r) The term "registrant" means the person who registers
3commercial fertilizer or custom mix under the provisions of
4this Act.
5    (s) The term "Low-pressure nitrogen solution" means a low
6pressure solution containing 2 per cent or more by weight of
7free ammonia and/or having vapor pressure of 5 pounds or more
8per square inch gauge at 104° F.
9    "Misbranded" shall apply to any fertilizer:
10        (i) with labeling that is false or misleading in any
11    particular;
12        (ii) that is distributed under the name of another
13    fertilizer product;
14        (iii) that is not labeled as required by this Act or
15    its rules; or
16        (iv) which purports to be or is represented as a
17    fertilizer, or is represented as containing a plant
18    nutrient or fertilizer unless such plant nutrient or
19    fertilizer conforms to the definition of identity, if any,
20    prescribed by regulation.
21    "Mixed fertilizer" means any combination or mixture of
22fertilizer materials designed for use or claimed to have value
23in promoting plant growth.
24    "NREC" means the Nutrient Research and Education Council.
25    "Official sample" means any sample of fertilizer taken by
26the Director or his or her agent and designated as official by

 

 

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1the Director.
2    "Per cent" or "percentage" means the percentage by weight.
3    "Registrant" means the entity who registers fertilizer and
4obtains a license under the provisions of this Act.
5    "Specialty fertilizer" means a fertilizer distributed
6primarily for nonfarm use, such as home gardens, lawns,
7shrubbery, flowers, golf courses, municipal parks, cemeteries,
8green houses and nurseries, and may include fertilizer used for
9research or experimental purposes.
10    "Ton" means a net weight of 2,000 pounds avoirdupois.
11    "Unit" means 20 pounds or 1% of a ton of plant nutrient.
12    (t) The term "Department" means the Illinois Department of
13Agriculture.
14    (u) The term "Director" means the Director of the Illinois
15Department of Agriculture or a duly authorized representative.
16(Source: P.A. 83-586.)
 
17    (505 ILCS 80/4)  (from Ch. 5, par. 55.4)
18    Sec. 4. License and product registration Registration.
19    (a) Each brand and grade of commercial fertilizer shall be
20registered by the entity whose name appears upon the label
21before being distributed in this State. The application for
22registration shall be submitted with a label or facsimile of
23same to the Director on forms form furnished by the Director,
24and shall be accompanied by a fee of $20 $10 per grade within a
25brand. Upon approval by the Director a copy of the registration

 

 

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1shall be furnished to the applicant. All registrations expire
2on December 31 of each year.
3    The application shall include the following information:
4        (1) The net weight
5        (2) The brand and grade
6        (3) The guaranteed analysis
7        (4) The name and address of the registrant.
8    (a-5) No entity whose name appears on the label shall
9distribute a fertilizer in the State unless the entity has
10secured a license under this Act on forms provided by the
11Director. The license application shall be accompanied by a fee
12of $100. Entities who store anhydrous ammonia as a fertilizer,
13store bulk fertilizer, or custom blend a fertilizer at more
14than one site under the same entity's name shall list any and
15all additional sites with a complete address for each site and
16remit a license fee of $50 for each site identified. Entities
17performing lawn care applications for hire are exempt from
18obtaining a license under this Act. All licenses expire on
19December 31 of each year.
20    (b) A distributor shall not be required to register any
21brand of commercial fertilizer or a custom blend mix which is
22already registered under this Act by another entity person.
23    (c) The plant nutrient content of each and every commercial
24fertilizer must remain uniform for the period of registration
25and, in no case, shall the percentage of any guaranteed plant
26nutrient element be changed in such a manner that the

 

 

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1crop-producing quality of the commercial fertilizer is
2lowered.
3    (d) (Blank) Each custom mixer shall register annually with
4the Director on forms furnished by the Director. The
5application for registration shall be accompanied by a fee of
6$50, unless the custom mixer elects to register each mixture,
7paying a fee of $10 per mixture. Upon approval by the Director,
8a copy of the registration shall be furnished to the applicant.
9All registrations expire on December 31 of each year.
10    (e) A custom blend mix as defined in Section 3 section
113(f), prepared for one consumer or end user shall not be
12co-mingled with the custom blended mixed fertilizer prepared
13for another consumer or end user.
14    (f) All fees collected pursuant to this Section shall be
15paid to the Fertilizer Control Fund for activities related to
16the administration and enforcement of this Act paid into the
17State treasury.
18(Source: P.A. 93-32, eff. 7-1-03.)
 
19    (505 ILCS 80/5)  (from Ch. 5, par. 55.5)
20    Sec. 5. Labeling.
21    (a) Any commercial fertilizer or custom blend mix
22distributed in this State in non-bulk containers shall have
23placed on or affixed to the container a label setting forth in
24clearly legible form the following information: required by
25Items (1), (2), (3), and (4) of paragraph (a) of Section 4.

 

 

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1        (1) net weight;
2        (2) brand and grade; provided, that the grade shall not
3    be required when no primary nutrients are claimed;
4        (3) guaranteed analysis;
5        (4) directions for use for the fertilizer distributed
6    to the consumer or end user; and
7        (5) name and address of the registrant.
8    In the case of bulk shipments as a brand or grade of
9fertilizer, information required by items (1), (2), (3), and
10(5) of this subsection (a) in a written or printed form shall
11accompany delivery of each load and be supplied to the
12purchaser at the time of delivery.
13    (b) (Blank). If distributed in bulk as a brand or grade of
14fertilizer, a written or printed statement of the information
15required by items (1), (2), (3), and (4) of paragraph (a) of
16Section 4 shall accompany delivery of each load and be supplied
17to the purchaser at time of delivery.
18    (c) If distributed in bulk as a custom blend mixed
19fertilizer, a written or printed statement shall accompany
20delivery of each load and be supplied to the purchaser at time
21of delivery and must carry information as follows:
22    1. Weight of each commercial fertilizer used in the custom
23blend mixing.
24    2. The guaranteed analysis of each commercial fertilizer
25used in the custom blend mixing.
26    3. Total weight of fertilizer delivered in each load.

 

 

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1    4. Name and address of the person selling the fertilizer.
2    (d) A custom blend mixed fertilizer shall be intimately and
3uniformly mixed. The Director, in determining for
4administrative purposes whether a custom blend mix is
5intimately and uniformly mixed, shall compute the analysis of
6the load of custom blend mixed fertilizer from the information
7required by Items (1), (2), and (3) of paragraph (c) of this
8section.
9    (e) Each lot of fertilizer shall display a form of
10identification in a manner that includes, but is not limited
11to, numerical, alphabetical, date of manufacture, or a
12combination that distinguishes it from that of other lots
13distributed.
14    (f) Fertilizer materials not defined by AAPFCO may be used
15if the registrant furnishes an acceptable definition, AOAC
16International or other appropriate method of analysis, heavy
17metal analysis, and agronomic data when deemed necessary by the
18Director.
19(Source: Laws 1963, p. 2240.)
 
20    (505 ILCS 80/6)  (from Ch. 5, par. 55.6)
21    Sec. 6. Inspection fees.
22    (a) There shall be paid to the Director for all commercial
23fertilizers or custom mix distributed in this State an
24inspection fee at the rate of 25¢ per ton with a minimum
25inspection fee of $15. Sales to manufacturers or exchanges

 

 

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1between registrants them are hereby exempted from the
2inspection fee.
3    On individual packages of commercial or custom mix or
4specialty fertilizers containing 5 pounds or less, or if in
5liquid form containers of 4,000 cubic centimeters or less,
6there shall be paid instead of the 25¢ per ton inspection fee,
7an annual inspection fee of $50 $25 for each grade within a
8brand sold or distributed. Where an entity a person sells
9commercial or custom mix or specialty fertilizers in packages
10of 5 pounds or less, or 4,000 cubic centimeters or less if in
11liquid form, and also sells in larger packages than 5 pounds or
12liquid containers larger than 4,000 cubic centimeters, this
13annual inspection fee of $50 $25 applies only to that portion
14sold in packages of 5 pounds or less or 4,000 cubic centimeters
15or less, and that portion sold in larger packages or containers
16shall be subject to the same inspection fee of 25¢ per ton as
17provided in this Act. The increased fees shall be effective
18after June 30, 1989.
19    (b) Every entity person who distributes a commercial
20fertilizer, custom blend, or speciality fertilizer or custom
21mix in this State shall file with the Director, on forms
22furnished by the Director, a semi-annual statement for the
23periods ending June 30 and December 31, setting forth the
24number of net tons of each grade of commercial fertilizers
25within a brand or the net tons of custom blend mix distributed.
26The report shall be due on or before the 30th 15th day of the

 

 

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1month following the close of each semi-annual period and upon
2the statement shall pay the inspection fee at the rate stated
3in paragraph (a) of this Section.
4    One half of the 25¢ per ton inspection fee shall be paid
5into the Fertilizer Control Fund and all other fees collected
6under this Section shall be paid into the State treasury.
7    If the tonnage report is not filed and the payment of
8inspection fee is not made within 30 days after the end of the
9semi-annual period, a collection fee amounting to 15% 10%
10(minimum $15 $10) of the amount shall be assessed against the
11registrant. The amount of fees due shall constitute a debt and
12become the basis of a judgment against the registrant. Upon the
13written request to the Director additional time may be granted
14past the normal date of filing the semi-annual statement.
15    (c) When more than one entity person is involved in the
16distribution of a commercial fertilizer, the last registrant
17who distributes to the consumer or end-user non-registrant
18(dealer or consumer) is responsible for reporting the tonnage
19and paying the inspection fee.
20    (d) All fees collected under this Section shall be paid to
21the Fertilizer Control Fund for activities related to the
22administration and enforcement of this Act.
23(Source: P.A. 93-32, eff. 7-1-03.)
 
24    (505 ILCS 80/6a)  (from Ch. 5, par. 55.6a)
25    Sec. 6a. Nutrient Research and Education Council. The

 

 

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1Director is hereby authorized to ensure that distributors remit
2a designated fertilizer tonnage assessment to the Nutrient
3Research and Education Council (NREC) for the purpose of
4pursuing nutrient research and providing educational programs
5to ensure the adoption and implementation of practices that
6optimize nutrient use efficiency, ensure soil fertility, and
7address environmental concerns with regard to fertilizer use.
8The NREC may also participate in relevant demonstration and
9cost-share programs to enhance adoption and meet objectives of
10nutrient efficiency and stewardship programs supported by the
11NREC.
12    The NREC shall be comprised of 9 voting members, 3
13representing the fertilizer industry, 3 representing grower
14organizations, to include at least one member of the State's
15largest farm organization, one person representing the
16specialty fertilizer industry, one person representing a
17certified agronomy organization, and the Director or his or her
18designee and 4 non-voting members: 2 persons representing
19environmental organizations, one person representing a State
20or federal agriculture experiment station and the Director of
21the Illinois Environmental Protection Agency or his or her
22designee. In the appointment of persons to the NREC, the
23organizations designated in this Section shall nominate, and
24the Director shall select from these nominations,
25representatives to this Council. Members of the Council shall
26receive no compensation for their services, and the terms of

 

 

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1the Council members, appointment process, and conduct of the
2meetings shall be outlined in the bylaws established by this
3Council on their initial appointment by the Director and made
4available to the industry organizations.
5    The responsibilities of the NREC are to:
6        (1) prioritize nutrient research needs and solicit
7    research proposals to generate findings and make
8    recommendations to the Council based on the findings;
9        (2) evaluate the proposed budget for each research
10    project and make recommendations as necessary;
11        (3) arrange for peer review of all research proposals
12    for scientific merit and methods;
13        (4) report the findings of all research projects at
14    industry conferences, publish the findings and implement
15    educational programs to apply the research recommendations
16    in agricultural production systems and in consumer use
17    markets where appropriate;
18        (5) engage in outreach and field level trials and
19    educational programs with growers and consumers and
20    publicize these events; and
21        (6) where practical, cooperate with other programs
22    with similar goals.
23    The Council shall recommend, and the Director shall set,
24the fertilizer tonnage assessment for the purpose of funding
25the NREC at no less than 50 cents per ton and no greater than $3
26per ton to fund, administer, publish, and implement the

 

 

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1research, education, and outreach programs designated each
2year by the Council. A minimum of 20% of the funds shall be
3designated for cost-share programs and on-farm demonstration
4programs to study and address water quality issues. The Council
5shall report to the Director by December 31 of each year the
6recommended amount of annual tonnage assessment to be collected
7the following year from distributors.
8    Assessments collected from distributors are payable
9directly to the NREC on a semi-annual basis. This payment shall
10coincide with the reporting of the tonnage data and the
11remittance of the inspection fee to the Department. If the NREC
12assessment is not made to the Council under this Section, then
13the Director may rescind the license of the distributor. The
14NREC may enter into contracts with other entities approved by
15the Council for the purposes of fulfilling the objectives of
16the NREC.
17    The NREC shall publish annually a financial and activities
18report, including amount of funds collected and expenditures
19for nutrient programs. The NREC shall be audited at least
20annually by a certified public accountant and the audit made
21available within 30 days after its completion to the Director
22and each Council member for dissemination to their respective
23organizations. The Department is hereby authorized to
24establish a program and expend appropriations for a fertilizer
25research and education program dealing with the relationship of
26fertilizer use to soil management, soil fertility, plant

 

 

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1nutrition problems, and for research on environmental concerns
2which may be related to fertilizer usage; for the dissemination
3of the results of such research; and for other designated
4activities including educational programs to promote the
5correct and effective usage of fertilizer materials.
6    To assist in the development and administration of the
7fertilizer research and education program, the Director is
8authorized to establish a Fertilizer Research and Education
9Council consisting of 9 persons. This council shall be
10comprised of 3 persons representing the fertilizer industry, 3
11persons representing crop production, and 2 persons
12representing the public at large. In the appointment of persons
13to the council, the Director shall consult with representative
14persons and recognized organizations in the respective fields
15concerning such appointments. The Director or his
16representative from the Department shall act as chairman of the
17council. The Director shall call meetings thereof from time to
18time or when requested by 3 or more appointed members of the
19council.
20    The responsibilities of the Fertilizer Research and
21Education Council are to:
22        (a) solicit research and education projects consistent
23    with the scope of the established fertilizer research and
24    education program;
25        (b) review and arrange for peer review of all research
26    proposals for scientific merit and methods, and review or

 

 

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1    arrange for the review of all proposals for their merit,
2    objective, methods and procedures;
3        (c) evaluate the proposed budget for the projects and
4    make recommendations as necessary; and
5        (d) monitor the progress of projects and report at
6    least once each 6 months on each project's accomplishments
7    to the Director and Board of Agricultural Advisors.
8    The Fertilizer Research and Education Council shall at
9least annually recommend projects to be approved and funded
10including recommendations on continuation or cancellation of
11authorized and ongoing projects to the Board of Agricultural
12Advisors, which is created in Section 5-525 of the Departments
13of State Government Law (20 ILCS 5/5-525). The Board of
14Agricultural Advisors shall review the proposed projects and
15recommendations of the Fertilizer Research and Education
16Council and recommend to the Director what projects shall be
17approved and their priority. In the case of authorized and
18ongoing projects, the Board of Agricultural Advisors shall
19recommend to the Director the continuation or cancellation of
20such projects.
21    When the Director, the Board of Agricultural Advisors, and
22the Fertilizer Research and Education Council approve a project
23and subject to available appropriations, the Director shall
24grant funds to the person originating the proposal.
25(Source: P.A. 91-239, eff. 1-1-00.)
 

 

 

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1    (505 ILCS 80/7)  (from Ch. 5, par. 55.7)
2    Sec. 7. Inspection, sampling, analysis.
3    (a) It is the duty of the Director, who may act through his
4authorized agent, to sample, inspect, make analysis of, and
5test commercial fertilizers and custom mixes distributed
6within this State at a time and place and to such an extent as
7the Director he considers necessary to determine whether such
8commercial fertilizers or custom mixes are in compliance with
9the provisions of this Act. The Director, individually or
10through his agent, is authorized to enter upon any public or
11private premises during regular business hours in order to have
12access to commercial fertilizers or custom mixes and to records
13relating to their distribution subject to the provisions of
14this Act and the rules and regulations pertaining thereto.
15    (b) The methods of analysis and sampling shall be those
16adopted by the official agency from sources such as those of
17the Association of Official Analytical Agricultural Chemists.
18    (c) The Director, in determining for administrative
19purposes whether any commercial fertilizer or custom mix is
20deficient in plant food, shall be guided solely by the official
21sample as defined in paragraph (k) of Section 3, and obtained
22and analyzed as provided for in this Section paragraph (b) of
23Section 7.
24    (d) The results of official analysis of any commercial
25fertilizer or custom mix which has been found to be subject to
26penalty or other legal action shall be forwarded by the

 

 

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1Director to the registrant at least 10 days before the report
2is submitted to the purchaser. If during that period no
3adequate evidence to the contrary is made available to the
4Director, the report shall become official. Upon request the
5Director shall furnish to the registrant a portion of any
6sample found subject to penalty or other legal action.
7(Source: P.A. 77-106.)
 
8    (505 ILCS 80/8)  (from Ch. 5, par. 55.8)
9    Sec. 8. Plant food deficiency. If any commercial fertilizer
10or custom mix offered for sale in this State proves, upon
11official analysis, to be deficient from its guaranteed
12analysis, penalty shall be assessed against the manufacturer or
13custom blender mixer in accordance with the following
14provisions:
15        (1) When the value for a single ingredient fertilizer
16    containing nitrogen, available phosphate, or soluble
17    potash is found to be deficient from the guarantee to the
18    extent of 3% to 5% of the total value For a single
19    ingredient fertilizer containing nitrogen or phosphate or
20    potash: when the value of this ingredient is found to be
21    deficient from the guarantee to the extent of 3% and not
22    over 5% of the total value, the registrant shall be liable
23    for the actual deficiency in value. When the deficiency
24    exceeds 5% of the total value, the penalty shall be 3 times
25    the actual value of the shortage.

 

 

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1        (2) For multiple ingredient fertilizers containing 2
2    or more of the single ingredients: nitrogen or phosphate or
3    potash, penalties shall be assessed according to (a) or (b)
4    as herein stated. When a multiple ingredient fertilizer is
5    subject to a penalty under both (a) and (b) only the larger
6    penalty shall be assessed.
7            (a) When the total combined values of the nitrogen
8        or available phosphate phosphoric acid or potash is
9        found to be deficient to the extent of 3% to 5% 3% and
10        not over 5%, the registrant shall be liable for the
11        actual deficiency in total value. When the deficiency
12        exceeds 5% of the total value, the penalty shall be 3
13        times the actual value of the shortage.
14            (b) When either the nitrogen, available phosphate
15        phosphoric acid, or potash value is found deficient
16        from the guarantee to the extent of 20% up to the
17        maximum of 4 units (4% plant food), the registrant
18        shall be liable for the value of such shortages.
19        (3) Deficiencies in any other constituent or
20    constituents covered under Section 3, paragraph (i), items
21    B, C, and D of this Act which the registrant is required to
22    or may guarantee shall be evaluated by the Director and
23    penalties therefor shall be prescribed by the Director.
24    (a) Nothing contained in this Section shall prevent any
25entity person from appealing to a court of competent
26jurisdiction for judgment as to the justification of such

 

 

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1penalties.
2    (b) All penalties assessed under this Section shall be paid
3to the consumer or end user of the lot of commercial fertilizer
4or custom mix purchased, and which is represented by the sample
5analyzed, within 3 months after the date of notice from the
6Director to the registrant. Receipts shall be taken therefor
7and promptly forwarded to the Director. If such consumers or
8end users cannot be found, the amount of the penalty shall be
9paid to the Director who shall deposit the same in the
10Fertilizer Control Fund General Revenue Fund in the State
11Treasury.
12(Source: Laws 1963, p. 2240.)
 
13    (505 ILCS 80/9)  (from Ch. 5, par. 55.9)
14    Sec. 9. Commercial value. On the basis of information
15secured from entities persons holding a license registrant's
16permit to sell fertilizers in Illinois, the following values
17will be used for purposes of assessing penalties as provided by
18Section 8 of this Act:
19Nitrogen (N) $6.00 $3.00 per unit (30¢ 15¢ per pound)
20Total P2O5 P2O5 in
21Rock
22Phosphate$1.44 .72 per unit (7.2¢ 3.6¢ per pound)
23Available P2O5 P2O5$4.00 2.00 per unit (20¢ 10¢ per pound)
24Potash (K20) $2.00 1.00 per unit (10¢ per pound).
25    In the event that the actual retail price is substantially

 

 

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1greater than the value as calculated at the above rates, the
2penalty shall be based on the retail price. In addition, the
3Director may require that any lot subject to penalty be
4returned to the registrant and all costs involved in the return
5of such goods shall be borne by the registrant. However, in the
6case of bulk fertilizers, the entity person offering fertilizer
7for sale in bulk shall be responsible for guaranteeing such
8fertilizer and shall be liable for all penalties assessed under
9the provisions of Section 8.
10(Source: P.A. 89-626, eff. 8-9-96.)
 
11    (505 ILCS 80/10)  (from Ch. 5, par. 55.10)
12    Sec. 10. Minimum plant food content. Minimum plant food
13content. No superphosphate containing less than 18% available
14phosphate phosphoric acid nor any mixed fertilizer or custom
15blend mix, other than a custom blend mix consisting in part of
16unacidulated mineral phosphatic materials, in which the sum of
17the guarantees for the nitrogen, available phosphate
18phosphoric acid, and soluble potash totals less than 20% shall
19be distributed in this State. Specialty fertilizers are exempt
20from minimum plant food requirements for mixed fertilizers and
21custom blends mixes.
22(Source: Laws 1961, p. 3085.)
 
23    (505 ILCS 80/11)  (from Ch. 5, par. 55.11)
24    Sec. 11. Misbranding or adulteration. False or misleading

 

 

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1statements. It is unlawful for any entity to distribute a
2fertilizer in this State that is misbranded or adulterated
3within the meaning of Section 3 of this Act or the rules
4adopted by the Department. A commercial fertilizer or custom
5mix is misbranded if it carries any false or misleading
6statement upon or attached to the container, or if false or
7misleading statements concerning its agricultural value are
8made on the container or in any advertising matter accompanying
9or associated with the commercial fertilizer or custom mix. It
10is unlawful to distribute a misbranded commercial fertilizer or
11custom mix only after a notice of hearing has been issued,
12served, a hearing held, and opportunity is given for the
13defendant to appeal to a court of competent jurisdiction from
14the decision of the hearing, if he so elects, within a period
15of 10 days after such hearing.
16(Source: Laws 1961, p. 3085.)
 
17    (505 ILCS 80/12)  (from Ch. 5, par. 55.12)
18    Sec. 12. Tonnage reports; records.
19    (a) Any entity person distributing fertilizer to a consumer
20or end-user non-registrant in this State shall provide the
21Director with a summary report on or before the 10th day of
22each month covering the shipments made during the preceding
23month of tonnage on a form, provided by the Director, for that
24purpose.
25    Specialty fertilizer sold in packages weighing 5 pounds or

 

 

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1less or in container of 4000 cubic centimeters or less, shall
2be reported but no inspection fee will be charged. No
3information furnished under this Section shall be disclosed by
4the Department in such a way as to divulge the operation of any
5entity person.
6    (b) Each entity location Persons engaged in the sale of
7ammonium nitrate shall obtain the following information upon
8its distribution:
9        (1) the date of distribution;
10        (2) the quantity purchased;
11        (3) the license number of the purchaser's valid State
12    or federal driver's license, or an equivalent number taken
13    from another form of picture identification approved for
14    purchaser identification by the Director; and
15        (4) the purchaser's name, current physical address,
16    and telephone number.
17    Any retailer of ammonium nitrate may refuse to sell
18ammonium nitrate to any person attempting to purchase ammonium
19nitrate (i) out of season, (ii) in unusual quantities, or (iii)
20under suspect purchase patterns.
21    (c) Records created under subsection (b) of this Section
22shall be maintained for a minimum of 2 years. Such records
23shall be available for inspection, copying, and audit by the
24Department as provided under this Act.
25(Source: P.A. 95-219, eff. 8-16-07.)
 

 

 

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1    (505 ILCS 80/13)  (from Ch. 5, par. 55.13)
2    Sec. 13. Publications.
3    The Director shall publish at least semi-annually and in
4such forms as he may deem proper:
5    (a) Information concerning the distribution of commercial
6fertilizers and custom mixes by counties.
7    (b) Results of analysis based on official samples of
8commercial fertilizers and custom mixes distributed within the
9state as compared with the analysis guaranteed under Sections 4
10and 5.
11(Source: Laws 1961, p. 3085.)
 
12    (505 ILCS 80/14)  (from Ch. 5, par. 55.14)
13    Sec. 14. Rules and regulations.
14    (a) For the enforcement of this Act, the Director is
15authorized, after due notice and public hearing, to prescribe
16and to enforce such rules and regulations relating to the
17distribution of fertilizers, custom blends, the equipment,
18containers, and storage pertaining to anhydrous ammonia, and
19low-pressure nitrogen solutions commercial fertilizer or
20custom mix as he may be find necessary to carry into effect the
21full intent and meaning of this Act.
22    (b) The official definitions of fertilizers and official
23fertilizer terms as adopted and published by the Association of
24American Plant Food Control Officials and any amendments or
25supplements thereto are the official definitions of

 

 

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1fertilizers and official fertilizer terms, except insofar as
2specifically defined in Section 3 or amended, modified, or
3rejected by a rule adopted by the Director.
4    (c) The Department shall adopt rules and regulations
5setting forth minimum safety standards covering the design,
6construction, location, installation and operation of
7equipment for storage, handling, use and transportation of
8anhydrous ammonia and low-pressure nitrogen solutions. Such
9rules and regulations shall consist of those reasonably
10necessary for the safety of the public, including persons
11handling or using the materials, and shall be in substantial
12conformity with the current nationally accepted safety
13standards.
14    (d) The Department may adopt rules and regulations setting
15forth the requirements for the containment of fertilizer
16products at commercial facilities, which may include, but shall
17not be limited to, the design, inspection, construction,
18location, installation, and operation for the storage and
19handling use of bulk liquid fertilizer, bulk dry fertilizer,
20and low-pressure nitrogen solutions as may be necessary for the
21protection of ground water, the environment, and public safety.
22The Department may establish fees for the inspection of such
23containment facilities.
24(Source: Laws 1961, p. 3085.)
 
25    (505 ILCS 80/15)  (from Ch. 5, par. 55.15)

 

 

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1    Sec. 15. Short weight. If any commercial fertilizer or
2custom mix in the possession of the consumer or end user is
3found by the Director to be short in weight, the registrant of
4such commercial fertilizer or custom mix shall, within 30 days
5after official notice from the Director, pay to the consumer or
6end user a penalty equal to 4 times the value of the actual
7shortage.
8(Source: Laws 1961, p. 3085.)
 
9    (505 ILCS 80/16)  (from Ch. 5, par. 55.16)
10    Sec. 16. Cancellation, suspension, or refusal of
11registrations and licenses. Cancellation of registrations.
12    The Director may refuse to register a fertilizer or cancel
13or suspend a fertilizer registration, custom blend, or
14fertilizer license if:
15        (1) the composition of the fertilizer does not warrant
16    the claims made by the registrant;
17        (2) the fertilizer does not comply with the provisions
18    of this Act or its rules;
19        (3) the labeling or other materials required for
20    registration do not comply with the provisions of this Act
21    or its rules;
22        (4) the registrant used fraudulent or deceptive
23    practices to secure registration;
24        (5) it is determined that a fertilizer poses a risk of
25    unreasonable adverse effects to man or the environment

 

 

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1    under the provisions of this Act or its rules; or
2        (6) the registrant does not comply with the provisions
3    of this Act or its rules.
4    The Director is authorized and empowered to cancel the
5registration of any brand of commercial fertilizer or custom
6mix or to refuse to register any brand of commercial fertilizer
7or custom mix as herein provided, upon satisfactory evidence
8that the registrant has used fraudulent or deceptive practices
9in the evasions or attempted evasions of the provisions of this
10Act or any rules and regulations promulgated thereunder;
11however, no registration shall be revoked or refused until the
12registrant has been given the opportunity to appear for a
13hearing by the Director.
14(Source: Laws 1961, p. 3085.)
 
15    (505 ILCS 80/17)  (from Ch. 5, par. 55.17)
16    Sec. 17. Stop sale; use or removal order.
17    (a) Whenever the Director finds that a fertilizer is being
18distributed in violation of this Act or its rules, he or she
19may issue and serve a written order to stop sale, stop use, or
20regulate removal upon an owner, operator, manager, or agent in
21charge of the fertilizer.
22    (b) The Director shall provide the registrant, if different
23from the entity served under subsection (a), with a copy of any
24order when corrective action appears to be the responsibility
25of the registrant.

 

 

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1    (c) If an owner, operator, manager, or agent is not
2available for service of an order upon him or her, the Director
3shall attach the order to the fertilizer and notify the
4registrant.
5    (d) The Director shall remove or vacate an order by written
6notice when the violated provisions of this Act or its rules
7have been complied with, the conditions specified have been
8met, or the violation has been otherwise disposed of by either
9administrative or judicial action and all costs and expenses
10incurred in connection with the withdrawal have been paid.
11    (e) When the Director finds, under the provisions of this
12Act or its rules, that a fertilizer being distributed in this
13State is injurious to plants, animals, or man when used in
14accordance with label directions, he or she may issue an order
15to remove the fertilizer from the State and establish
16requirements to effect the expeditious removal of the
17fertilizer without adverse effects to man or the environment.
18"Stop sale" orders.
19    The Director or his authorized agent may issue and enforce
20a written or printed "stop sale, use, or removal" order to the
21owner or custodian of any lot of commercial fertilizer or
22custom mix and to hold such lot at a designated place when the
23Director finds such commercial fertilizer or custom mix is
24being offered or exposed for sale in violation of any of the
25provisions of this Act until the law has been complied with and
26such commercial fertilizer or custom mix is released in writing

 

 

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1by the Director or such violation has been otherwise legally
2disposed of by written authority.
3    The Director shall release the commercial fertilizer or
4custom mix so withdrawn when the requirements of the provisions
5of this Act have been complied with and all costs and expenses
6incurred in connection with the withdrawal have been paid.
7(Source: P.A. 77-106.)
 
8    (505 ILCS 80/18a)  (from Ch. 5, par. 55.18a)
9    Sec. 18a. Location and operation.
10    (a) Before installing commercial fertilizer facilities for
11the distribution or storage of anhydrous ammonia or
12low-pressure nitrogen solutions, the owner shall apply to the
13Department for approval of the location of the facilities.
14Distribution and storage facilities shall be in compliance with
15local zoning ordinances and the minimum distance requirements
16for safe storage of anhydrous ammonia or low-pressure nitrogen
17solutions as established by Department rule. Existing storage
18tanks installed prior to the effective date of this amendatory
19Act of 1983 shall be exempt from the requirements for location
20approval. Prior to any expansion or modification of such
21existing storage tanks, written approval shall be obtained from
22the Department and such tanks shall meet current requirements
23as established by Department rule.
24    (b) Authorized Department personnel may enter upon any
25public or private premises during reasonable business hours and

 

 

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1inspect facilities, equipment and vehicles used in the storage,
2application, and distribution of anhydrous ammonia and
3low-pressure nitrogen solutions and observe operations as
4necessary to determine compliance with the provisions of this
5Act and the rules promulgated hereunder. Department personnel
6may enter the premises at any time when the health, safety or
7welfare of the public is threatened by escaping gas, spills,
8fire, damaged or faulty equipment, accident or act of God.
9    (c) It shall be unlawful for any entity to distribute,
10store, transport, or use anhydrous ammonia or low-pressure
11nitrogen solutions in violation of this Act or the rules
12adopted by the Department or to violate a stop use order issued
13by the Director. The Department shall adopt rules and
14regulations setting forth minimum safety standards covering
15the design, construction, location, installation and operation
16of equipment for storage, handling, use and transportation of
17anhydrous ammonia and low pressure nitrogen solutions. Such
18rules and regulations shall consist of those reasonably
19necessary for the safety of the public, including persons
20handling or using such materials, and shall be in substantial
21conformity with the current nationally accepted safety
22standards.
23    (d) The Director or his authorized agent may issue and
24enforce a written stop use order to the owner or custodian of
25the facility upon a violation of this Act or the rules and
26regulations. The Director shall terminate the stop use order

 

 

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1upon compliance with the requirements of this Act and rules and
2regulations.
3    (e) (Blank). The Department may adopt rules and regulations
4setting forth the requirements for the containment of
5fertilizer products at commercial facilities, which may
6include, but would not be limited to, the design, inspection,
7construction, location, installation, and operation for the
8storage and handling use of bulk liquid fertilizer, bulk dry
9fertilizer, and nitrogen solutions as may be necessary for the
10protection of ground water, the environment, and public safety.
11The Department may establish fees for the inspection of such
12containment facilities.
13    (f) Nothing in this Section shall apply to facilities that
14manufacture anhydrous ammonia subject to the OSHA Process
15Safety Management regulations cited under 29 CFR 1910.119.
16(Source: P.A. 85-1327.)
 
17    (505 ILCS 80/19)  (from Ch. 5, par. 55.19)
18    Sec. 19. Seizures, prosecutions, and injunctions
19Violations.
20    (a) Any lot of fertilizer, custom blend, or speciality
21fertilizer not in compliance with the provisions of this Act
22may be subjected to seizure on complaint of the Director or his
23or her authorized agent to the circuit court of the county in
24which the fertilizer is located. In the event the court finds
25the fertilizer to be in violation of this Act and orders the

 

 

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1condemnation of the fertilizer, the fertilizer shall be
2disposed of in any manner consistent with the quality of the
3fertilizer or the laws of the State. However, in no instance
4shall the disposition of the fertilizer be ordered by the court
5without first giving the claimant an opportunity to apply to
6the court for release of the fertilizer or for permission to
7process or re-label the fertilizer to bring it into compliance
8with this Act.
9    (a-5) (a) If it appears after an administrative hearing,
10from the examination of any commercial fertilizer or custom mix
11that any of the provisions of this Act or the rules and
12regulations issued thereunder have been violated, the Director
13or his or her authorized agent shall cause notice of the
14violations to be given to the registrant, distributor or
15possessor from whom the sample was taken. Any person so
16notified shall be given opportunity to be heard under such
17rules and regulations as may be prescribed by the Director. If
18it appears after such hearing, either in the presence or
19absence of the entity person so notified, that any of the
20provisions of this Act or rules and regulations issued
21thereunder have been violated, or in seeking the institution of
22criminal charges against a violator, the Director may certify
23the facts to the proper prosecuting attorney.
24    It shall be unlawful for any person to distribute, store,
25transport or use anhydrous ammonia or nitrogen solutions in
26violation of this Act or the rules and regulations promulgated

 

 

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1thereunder or to violate a stop use order issued by the
2Director.
3    (b) The Department, over the signature of the Director, may
4apply to any court for a temporary restraining order or a
5preliminary or permanent injunction restraining any entity
6from violating or continuing to violate any provision of this
7Act or the rules adopted by the Department. An injunction
8issued under this Section shall be granted without bond. Any
9person convicted of violating any provisions of this Act or any
10of the rules or regulations issued thereunder, or who impedes,
11obstructs, hinders or otherwise prevents or attempts to prevent
12the Director, or his or her duly authorized agent, in the
13performance of his or her duty in connection with the
14provisions of this Act, shall be guilty of a business offense
15punishable by a fine not to exceed $1,000. In all prosecutions
16under this Act involving the composition of a commercial
17fertilizer or custom mix, a certified copy of the official
18analysis signed by the Director shall be accepted as prima
19facie evidence of the composition.
20    (b-5) In all prosecutions under this Act involving the
21composition of a fertilizer or custom blend, a certified copy
22of the official analysis signed by the Director shall be
23accepted as prima facie evidence of the composition.
24    (c) Nothing in this Act shall be construed as requiring the
25Director or his or her representative to report for prosecution
26or for the institution of seizure proceedings as a result of

 

 

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1minor violations of the Act if he or she believes that a
2suitable notice of warning in writing shall serve the public
3interests will be served by a suitable notice of warning in
4writing.
5    (d) It shall be the duty of each State's attorney to whom
6any violation is reported to cause appropriate proceedings to
7be instituted and prosecuted in the circuit court without
8delay.
9    (e) (Blank). The Director is authorized to apply for and
10the court is authorized to grant a temporary restraining order
11or a preliminary or permanent injunction restraining any person
12from violating or continuing to violate any of the provisions
13of this Act or any rule or regulation promulgated under the Act
14notwithstanding the existence of other remedies. The
15injunction shall be entered without bond.
16(Source: P.A. 83-1362.)
 
17    (505 ILCS 80/20)  (from Ch. 5, par. 55.20)
18    Sec. 20. Administrative hearings; notice. Any entity so
19notified of violating this Act or its rules, shall be given the
20opportunity to be heard as may be prescribed by the Director.
21When an administrative hearing is held, the hearing officer,
22upon determination of a violation of this Act, shall levy and
23the Department shall collect administrative penalties in
24addition to any initial penalty levied by this Act as follows:
25        (1) A penalty of $1,000 shall be imposed for:

 

 

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1            (A) neglect or refusal by any entity, after notice
2        in writing, to comply with provisions of this Act or
3        its rules or any lawful order of the Director;
4            (B) every sale, disposal, or distribution of a
5        fertilizer that is under a stop-sale order; or
6            (C) concealing facts or conditions, impeding,
7        obstructing, hindering, or otherwise preventing or
8        attempting to prevent the Director, or his or her duly
9        authorized agent, in the performance of his or her duty
10        in connection with the provisions of this Act.
11        (2) A penalty of $500 shall be imposed for the
12    following violations:
13            (A) distribution of a fertilizer that is
14        misbranded or adulterated;
15            (B) distribution of a fertilizer that does not have
16        an accompanying label attached or displayed;
17            (C) failure to comply with any provisions of this
18        Act or its rules other than described under this
19        Section.
20    The Department, over the signature of the Director, is
21authorized to issue subpoenas and bring before the Department
22any entity in this State to take testimony orally, by
23deposition, or by exhibit, in the same manner prescribed by law
24in judicial proceedings or civil cases in the circuit courts of
25this State. The Director is authorized to issue subpoenas duces
26tecum for records relating to a fertilizer distributor's or

 

 

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1registrant's business.
2    When a fertilizer-soil amendment combination labeled in
3accordance with 8 Ill. Adm. Code 211.40 Subpart (b) is subject
4to penalties, the larger penalty shall be assessed.
5    All penalties collected by the Department under this
6Section shall be deposited into the Fertilizer Control Fund.
7Any penalty not paid within 60 days after receiving the notice
8from the Department shall be submitted to the Attorney
9General's office for collection. Exchanges between
10manufacturers.
11    Nothing in this Act shall be construed to restrict or avoid
12sales or exchanges of commercial fertilizers to each other by
13importers, manufacturers or manipulators who mix fertilizer
14materials for sale or as preventing the free and unrestricted
15shipments of commercial fertilizer to manufacturers or
16manipulators who have registered their brands as required by
17the provisions of this Act.
18(Source: Laws 1961, p. 3085.)
 
19    (505 ILCS 80/21)  (from Ch. 5, par. 55.21)
20    Sec. 21. Exchanges between manufacturers
21Constitutionality. Nothing in this Act shall be construed to
22restrict or avoid sales or exchanges of fertilizers to each
23other by importers, manufacturers, or blenders who mix
24fertilizer materials for sale or as preventing the free and
25unrestricted shipments of fertilizer to manufacturers or

 

 

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1blenders who have registered their brands as required by the
2provisions of this Act.
3    If any clause, sentence, paragraph or part of this Act
4shall for any reason be adjudged invalid by any court of
5competent jurisdiction, such judgment shall not affect, impair
6or invalidate the remainder thereof but shall be confined in
7its operation to the clause, sentence, paragraph or part
8thereof directly involved in the controversy in which such
9judgment shall have been rendered.
10(Source: Laws 1961, p. 3085.)
 
11    (505 ILCS 80/21.5 new)
12    Sec. 21.5. Constitutionality. If any clause, sentence,
13paragraph, or part of this Act shall for any reason be adjudged
14invalid by any court of competent jurisdiction, the judgment
15shall not affect, impair, or invalidate the remainder thereof
16but shall be confined in its operation to the clause, sentence,
17paragraph, or part thereof directly involved in the controversy
18in which the judgment shall have been rendered.
 
19    (505 ILCS 80/6b rep.)
20    (505 ILCS 80/18 rep.)
21    Section 10. The Illinois Fertilizer Act of 1961 is amended
22by repealing Sections 6b and 18.
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.

 

 

HB5539 Engrossed- 43 -LRB097 20044 CEL 65371 b

1 INDEX
2 Statutes amended in order of appearance
3    505 ILCS 80/2from Ch. 5, par. 55.2
4    505 ILCS 80/3from Ch. 5, par. 55.3
5    505 ILCS 80/4from Ch. 5, par. 55.4
6    505 ILCS 80/5from Ch. 5, par. 55.5
7    505 ILCS 80/6from Ch. 5, par. 55.6
8    505 ILCS 80/6afrom Ch. 5, par. 55.6a
9    505 ILCS 80/7from Ch. 5, par. 55.7
10    505 ILCS 80/8from Ch. 5, par. 55.8
11    505 ILCS 80/9from Ch. 5, par. 55.9
12    505 ILCS 80/10from Ch. 5, par. 55.10
13    505 ILCS 80/11from Ch. 5, par. 55.11
14    505 ILCS 80/12from Ch. 5, par. 55.12
15    505 ILCS 80/13from Ch. 5, par. 55.13
16    505 ILCS 80/14from Ch. 5, par. 55.14
17    505 ILCS 80/15from Ch. 5, par. 55.15
18    505 ILCS 80/16from Ch. 5, par. 55.16
19    505 ILCS 80/17from Ch. 5, par. 55.17
20    505 ILCS 80/18afrom Ch. 5, par. 55.18a
21    505 ILCS 80/19from Ch. 5, par. 55.19
22    505 ILCS 80/20from Ch. 5, par. 55.20
23    505 ILCS 80/21from Ch. 5, par. 55.21
24    505 ILCS 80/21.5 new
25    505 ILCS 80/6b rep.

 

 

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1    505 ILCS 80/18 rep.