Illinois General Assembly - Full Text of SB2010
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Full Text of SB2010  97th General Assembly




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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, 18, 18a, 19, 20, and 21 and by adding Section
721.5 as 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    "Anhydrous ammonia" means the compound formed by the
21combination of 2 gaseous elements, nitrogen and hydrogen, in
22the proportion of one part of nitrogen to 3 parts of hydrogen



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1(NH3) by volume. Anhydrous ammonia is a fertilizer of ammonia
2gas in compressed and liquified form. It is not aqueous ammonia
3which is a solution of ammonia gas in water and which is
4considered a low-pressure nitrogen solution.
5    "Blender" means any person or system engaged in the
6business of blending fertilizer. This includes both mobile and
7fixed equipment, excluding application equipment, used to
8achieve this function.
9    "Blending" means the physical mixing or combining of: one
10or more fertilizer materials and one or more filler materials;
112 or more fertilizer materials; 2 or more fertilizer materials
12and filler materials, including mixing through the
13simultaneous or sequential application of any of the outlined
14combinations listed in this definition, to produce a uniform
16    "Brand" means a term, design, or trademark used in
17connection with one or several grades of commercial
19    "Bulk" means any fertilizer distributed in a non-packaged
21    "Custom blend" means a fertilizer blended according to
22specifications provided to a blender in a soil test nutrient
23recommendation or to meet the specific consumer request prior
24to blending.
25(a) The term "fertilizer material" means any substance
26containing nitrogen, phosphorus, potash or any other



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1recognized plant nutrient element or compound which is used
2primarily for its plant nutrient content or for compounding
3mixed fertilizers except unmanipulated animal and vegetable
5    (b) The term "mixed fertilizer" means any combination or
6mixture of fertilizer materials designed for use or claimed to
7have value in promoting plant growth.
8    (c) The term "commercial fertilizer" means mixed
9fertilizer and/or fertilizer materials except the following
10natural products: agricultural limestone, marl, sea solids and
11unprocessed animal manure, which have not been manipulated so
12as to alter or change them chemically and burnt or hydrated
13lime, and sewage sludge produced by any sanitary district shall
14not be subject to the provisions of this Act. Such term does
15not include "custom mixes" as defined herein.
16    (d) The term "anhydrous ammonia" means the compound formed
17by the combination of two gaseous elements, nitrogen and
18hydrogen, in the proportion of one part of nitrogen to three
19parts of hydrogen (NH 3) by volume. Anhydrous ammonia is a
20commercial fertilizer of ammonia gas in compressed and
21liquified form. It is not aqueous ammonia which is a solution
22of ammonia gas in water and which is considered a low pressure
23nitrogen solution.
24    (e) The term "specialty fertilizer" means a commercial
25fertilizer distributed primarily for nonfarm use, such as home
26gardens, lawns, shrubbery, flowers, golf courses, municipal



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1parks, cemeteries, green houses and nurseries, and may include
2commercial fertilizer used for research or experimental
4    (f) The term "bulk fertilizers" means commercial
5fertilizer or custom mix distributed in a non-packaged form.
6    (g) The term "custom mix" means a mixture of 2 or more
7commercial fertilizers mixed at time of shipment to the
8specific order of the consumer.
9    "Custom blender" (h) The term "custom mixer" means a person
10who produces and sells custom blends mixes.
11    "Deficiency" means the amount of nutrient found by analysis
12less than that guaranteed that may result from a lack of
13nutrient ingredients or from lack of uniformity.
14    "Department" means the Illinois Department of Agriculture.
15    "Department rules or regulations" means any rule or
16regulation implemented by the Department as authorized under
17Section 14 of this Act.
18    "Director" means the Director of Agriculture or a duly
19authorized representative.
20    "Distribute" means to import, consign, manufacture,
21produce, store, transport, custom blend, compound, or blend
22fertilizer or to transfer from one container to another for the
23purpose of selling, giving away, bartering, or otherwise
24supplying fertilizer in this State.
25    "Distributor" means any person who distributes.
26    "Fertilizer" means any substance containing one or more of



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1the recognized plant nutrient nitrogen, phosphate, potash, or
2those defined under 8 Ill. Adm. Code 210.20 that is used for
3its plant nutrient content and that is designed for use or
4claimed to have value in promoting plant growth, except
5unmanipulated animal and vegetable manures, sea solids, marl,
6lime, limestone, wood ashes, and other products exempted by
7regulation by the Director.
8    "Fertilizer material" means a fertilizer that either:
9        (A) contains important quantities of no more than one
10    of the primary plant nutrients: nitrogen (N), phosphate
11    (P2O5), and potash (K2O);
12        (B) has 85% or more of its plant nutrient content
13    present in the form of a single chemical compound; or
14        (C) is derived from a plant or animal residue or
15    by-product or natural material deposit that has been
16    processed in such a way that its content of plant nutrients
17    has not been materially changed except by purification and
18    concentration.
19(i) The term "brand" means a term, design, or trade mark used
20in connection with one or several grades of commercial
22    (j) The term "guaranteed analysis" means the minimum
23percentages of plant nutrients claimed in the following order
24and form:
25    A. Total Nitrogen (N)...............................%
26    Available Phosphoric Acid (P2O5)....................%



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1    Soluble Potash (K2O)....................................%
2    B. For unacidulated mineral phosphatic materials and basic
3slag, both total and available phosphoric acid and the degree
4of fineness. For bone, tankage, and other organic phosphatic
5materials, total phosphoric acid.
6    C. Additional plant nutrients expressed as the elements,
7when permitted by regulation.
8    D. Potential basicity or acidity expressed in terms of
9calcium carbonate equivalent in multiples of 100 pounds per
10ton, when required by regulation.
11    "Grade" (k) The term "grade" means the minimum percentage
12of total nitrogen, available phosphoric phosphate acid (P2O5)
13and soluble potash (K2O) stated in the whole numbers in the
14same terms, order, and percentages as in the guaranteed
15analysis, provided that specialty fertilizers may be
16guaranteed in fractional units of less than 1% of total
17nitrogen, available phosphate, and soluble potash and that
18fertilizer materials, bone meal, manures, and similar
19materials may be guaranteed in fractional units order given in
20this definition.
21    "Guaranteed analysis" means the minimum percentages of
22plant nutrients claimed in the following order and form:
23        A. Total Nitrogen (N)...............................%
24           Available Phosphate (P2O5).......................%
25           Soluble Potash (K2O).............................%
26        B. For unacidulated mineral phosphatic materials and



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1    basic slag, both total and available phosphate and the
2    degree of fineness. For bone, tankage, and other organic
3    phosphatic materials, total phosphate.
4        C. Guarantees for plant nutrients other than nitrogen,
5    phosphate, and potash may be permitted or required by
6    regulation by the Director. The guarantees for such other
7    nutrients shall be expressed in the form of the element.
8    "Investigational allowance" means an allowance for
9variations inherent in the taking, preparation, and analysis of
10an official sample of fertilizer.
11    "Label" means the display of all written, printed, or
12graphic matter upon the immediate container or a statement
13accompanying a fertilizer.
14    "Labeling" means all (i) written, printed, or graphic
15matter upon or accompanying any fertilizer or (ii)
16advertisements, Internet, brochures, posters, and television
17and radio announcements used in promoting the sale of
19    "Lot" means an identifiable quantity of fertilizer that can
20be sampled according to AOAC International procedures, such as
21the amount contained in a single vehicle, the amount delivered
22under a single invoice, or in the case of bagged fertilizer,
23not more than 25 tons.
24    (l) The term "official sample" means any sample of
25commercial fertilizer or custom mix taken by the Director or
26his agent and designated as "official" by the Director.



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1    (m) The term "ton" means a net weight of 2000 pounds
3    (n) The term "per cent" or "percentage" means the
4percentage by weight.
5    (o) The term "person" means any individual, partnership,
6association, firm and corporation.
7    (p) The term "distribute" means to offer for sale, sell,
8barter, store, handle, transport or otherwise supply
9commercial fertilizers or custom mix. The term "distributor"
10means any person who distributes.
11    (q) Words importing the singular number may extend and be
12applied to several persons or things and words importing the
13plural number may include the singular.
14    (r) The term "registrant" means the person who registers
15commercial fertilizer or custom mix under the provisions of
16this Act.
17    (s) The term "Low-pressure nitrogen solution" means a low
18pressure solution containing 2 per cent or more by weight of
19free ammonia and/or having vapor pressure of 5 pounds or more
20per square inch gauge at 104° F.
21    "Mixed fertilizer" means any combination or mixture of
22fertilizer materials designed for use or claimed to have value
23in promoting plant growth.
24    "Official sample" means any sample of fertilizer taken by
25the Director or his agent and designated as official by the



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



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1grade within a brand. Upon approval by the Director a copy of
2the registration shall be furnished to the applicant. All
3registrations expire on December 31 of each year.
4    The application shall include the following information:
5        (1) The net weight
6        (2) The brand and grade
7        (3) The guaranteed analysis
8        (4) The name and address of the registrant.
9    (a-5) No person whose name appears on the label shall
10distribute a fertilizer in the State unless the person has
11secured a license under this Act on forms provided by the
12Director. The license application shall be accompanied by a fee
13of $100. Persons who store anhydrous ammonia as a fertilizer,
14store bulk fertilizer, or custom blend fertilizer at more than
15one site under the same distributor's name shall identify each
16additional site with a complete address and remit a license fee
17of $50 for each additional site. Persons performing lawn care
18applications for hire are exempt from obtaining a license under
19this Act.
20    (b) A distributor shall not be required to register any
21brand of commercial fertilizer or custom mix which is already
22registered under this Act by another 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
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 shall not be co-mingled with
12the custom blended mixed fertilizer prepared for another
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 mix distributed in
22this State in non-bulk containers shall have placed on or
23affixed to the container a label setting forth in clearly
24legible form the following information: required by Items (1),
25(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; 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
9    (e) Each lot of fertilizer shall display identification in
10a manner that includes, but is not limited to, numerical,
11alphabetical, date of manufacture, or a combination that
12distinguishes it from that of other lots distributed.
13    (f) Fertilizer materials not defined by AAPFCO may be used
14if the registrant furnishes an acceptable definition, AOAC
15International or other appropriate method of analysis, heavy
16metal analysis, and agronomic data when deemed necessary.
17(Source: Laws 1963, p. 2240.)
18    (505 ILCS 80/6)  (from Ch. 5, par. 55.6)
19    Sec. 6. Inspection fees.
20    (a) There shall be paid to the Director for all commercial
21fertilizers or custom mix distributed in this State an
22inspection fee at the rate of 15˘ 25˘ per ton. Sales to
23manufacturers or exchanges between registrants them are hereby
24exempted from the inspection fee.
25    On individual packages of commercial or custom mix or



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



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



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



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



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



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



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1        (c) evaluate the proposed budget for the projects and
2    make recommendations as necessary; and
3        (d) monitor the progress of projects and report at
4    least once each 6 months on each project's accomplishments
5    to the Director and Board of Agricultural Advisors.
6    The Fertilizer Research and Education Council shall at
7least annually recommend projects to be approved and funded
8including recommendations on continuation or cancellation of
9authorized and ongoing projects to the Board of Agricultural
10Advisors, which is created in Section 5-525 of the Departments
11of State Government Law (20 ILCS 5/5-525). The Board of
12Agricultural Advisors shall review the proposed projects and
13recommendations of the Fertilizer Research and Education
14Council and recommend to the Director what projects shall be
15approved and their priority. In the case of authorized and
16ongoing projects, the Board of Agricultural Advisors shall
17recommend to the Director the continuation or cancellation of
18such projects.
19    When the Director, the Board of Agricultural Advisors, and
20the Fertilizer Research and Education Council approve a project
21and subject to available appropriations, the Director shall
22grant funds to the person originating the proposal.
23(Source: P.A. 91-239, eff. 1-1-00.)
24    (505 ILCS 80/7)  (from Ch. 5, par. 55.7)
25    Sec. 7. Inspection, sampling, analysis.



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1    (a) It is the duty of the Director, who may act through his
2authorized agent, to sample, inspect, make analysis of, and
3test commercial fertilizers and custom mixes distributed
4within this State at a time and place and to such an extent as
5the Director he considers necessary to determine whether such
6commercial fertilizers or custom mixes are in compliance with
7the provisions of this Act. The Director, individually or
8through his agent, is authorized to enter upon any public or
9private premises during regular business hours in order to have
10access to commercial fertilizers or custom mixes and to records
11relating to their distribution subject to the provisions of
12this Act and the rules and regulations pertaining thereto.
13    (b) The methods of analysis and sampling shall be those
14adopted by the official agency from sources such as those of
15the Association of Official Analytical Agricultural Chemists.
16    (c) The Director, in determining for administrative
17purposes whether any commercial fertilizer or custom mix is
18deficient in plant food, shall be guided solely by the official
19sample as defined in paragraph (k) of Section 3, and obtained
20and analyzed as provided for in this Section paragraph (b) of
21Section 7.
22    (d) The results of official analysis of any commercial
23fertilizer or custom mix which has been found to be subject to
24penalty or other legal action shall be forwarded by the
25Director to the registrant at least 10 days before the report
26is submitted to the purchaser. If during that period no



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1adequate evidence to the contrary is made available to the
2Director, the report shall become official. Upon request the
3Director shall furnish to the registrant a portion of any
4sample found subject to penalty or other legal action.
5(Source: P.A. 77-106.)
6    (505 ILCS 80/8)  (from Ch. 5, par. 55.8)
7    Sec. 8. Plant food deficiency.
8    If any commercial fertilizer or custom mix offered for sale
9in this State proves, upon official analysis, to be deficient
10from its guaranteed analysis, penalty shall be assessed against
11the manufacturer or custom blender mixer in accordance with the
12following provisions:
13    (1) When the value for a single ingredient fertilizer
14containing nitrogen, available phosphate, or soluble potash is
15found to be deficient from the guarantee to the extent of 3% to
165% of the total value For a single ingredient fertilizer
17containing nitrogen or phosphate or potash: when the value of
18this ingredient is found to be deficient from the guarantee to
19the extent of 3% and not over 5% of the total value, the
20registrant shall be liable for the actual deficiency in value.
21When the deficiency exceeds 5% of the total value, the penalty
22shall be 3 times the actual value of the shortage.
23    (2) For multiple ingredient fertilizers containing 2 or
24more of the single ingredients: nitrogen or phosphate or
25potash, penalties shall be assessed according to (a) or (b) as



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



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1the registrant. Receipts shall be taken therefor and promptly
2forwarded to the Director. If such consumers cannot be found,
3the amount of the penalty shall be paid to the Director who
4shall deposit the same in the General Revenue Fund in the State
6(Source: Laws 1963, p. 2240.)
7    (505 ILCS 80/9)  (from Ch. 5, par. 55.9)
8    Sec. 9. Commercial value. On the basis of information
9secured from persons holding registrant's permit to sell
10fertilizers in Illinois, the following values will be used for
11purposes of assessing penalties as provided by Section 8 of
12this Act:
13Nitrogen$6.00 $3.00 per unit (30˘ 15˘ per pound)
14Total P2O5 in Rock
15Phosphate1.44 .72 per unit (7.2˘ 3.6˘ per pound)
16Available P2O54.00 2.00 per unit (20˘ 10˘ per pound)
17Potash2.00 1.00 per unit (10˘ per pound).
18    In the event that the actual retail price is substantially
19greater than the value as calculated at the above rates, the
20penalty shall be based on the retail price. In addition, the
21Director may require that any lot subject to penalty be
22returned to the registrant and all costs involved in the return
23of such goods shall be borne by the registrant. However, in the
24case of bulk fertilizers, the person offering fertilizer for
25sale in bulk shall be responsible for guaranteeing such



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1fertilizer and shall be liable for all penalties assessed under
2the provisions of Section 8.
3(Source: P.A. 89-626, eff. 8-9-96.)
4    (505 ILCS 80/10)  (from Ch. 5, par. 55.10)
5    Sec. 10. Minimum plant food content.
6    No superphosphate containing less than 18% available
7phosphate phosphoric acid nor any mixed fertilizer or custom
8blend mix, other than a custom blend mix consisting in part of
9unacidulated mineral phosphatic materials, in which the sum of
10the guarantees for the nitrogen, available phosphate
11phosphoric acid, and soluble potash totals less than 20% shall
12be distributed in this State. Specialty fertilizers are exempt
13from minimum plant food requirements for mixed fertilizers and
14custom blends mixes.
15(Source: Laws 1961, p. 3085.)
16    (505 ILCS 80/11)  (from Ch. 5, par. 55.11)
17    Sec. 11. Misbranding or adulteration. False or misleading
19    (a) It is unlawful for any person to distribute a
20fertilizer that is misbranded or adulterated within this State.
21A fertilizer shall be deemed misbranded if:
22        (1) its labeling is false or misleading in any
23    particular;
24        (2) it is distributed under the name of another



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1    fertilizer product;
2        (3) it is not labeled as required by this Act or its
3    rules; or
4        (4) it purports to be or is represented as a
5    fertilizer, or is represented as containing a plant
6    nutrient or fertilizer, unless such plant nutrient or
7    fertilizer conforms to the definition of identity, if any,
8    prescribed by regulation of the Director; in adopting such
9    regulations the Director shall give due regard to commonly
10    accepted definitions and official fertilizer terms such as
11    those issued by the Association of American Plant Food
12    Control Officials.
13    (b) A fertilizer shall be deemed adulterated if:
14        (1) it contains any deleterious or harmful substance,
15    defined under the provisions of this Act or its rules or
16    regulations, in sufficient amount to render it injurious to
17    beneficial plant life, animals, humans, aquatic life,
18    soil, or water when applied in accordance with directions
19    for use on the label;
20        (2) its composition falls below or differs from that
21    which it is purported to possess by its labeling; or
22        (3) it contains unwanted crop seed or weed seed. A
23    commercial fertilizer or custom mix is misbranded if it
24    carries any false or misleading statement upon or attached
25    to the container, or if false or misleading statements
26    concerning its agricultural value are made on the container



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1    or in any advertising matter accompanying or associated
2    with the commercial fertilizer or custom mix. It is
3    unlawful to distribute a misbranded commercial fertilizer
4    or custom mix only after a notice of hearing has been
5    issued, served, a hearing held, and opportunity is given
6    for the defendant to appeal to a court of competent
7    jurisdiction from the decision of the hearing, if he so
8    elects, within a period of 10 days after such hearing.
9(Source: Laws 1961, p. 3085.)
10    (505 ILCS 80/12)  (from Ch. 5, par. 55.12)
11    Sec. 12. Tonnage reports; records.
12    (a) Any person distributing fertilizer to a consumer or
13end-user non-registrant in this State shall provide the
14Director with a summary report on or before the 10th day of
15each month covering the shipments made during the preceding
16month of tonnage on a form, provided by the Director, for that
17purpose. If requested by the NREC, the distributor who supplies
18fertilizer to the consumer or end-user shall also provide to
19the NREC additional information relevant to general fertilizer
20use, practices or sales of products that enhance the
21stabilization, or efficiency of fertilizer.
22    Specialty fertilizer sold in packages weighing 5 pounds or
23less or in container of 4000 cubic centimeters or less, shall
24be reported but no inspection fee will be charged. No
25information furnished under this Section shall be disclosed by



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1the Department in such a way as to divulge the operation of any
3    (b) Persons engaged in the sale of ammonium nitrate shall
4obtain the following information upon its distribution:
5        (1) the date of distribution;
6        (2) the quantity purchased;
7        (3) the license number of the purchaser's valid State
8    or federal driver's license, or an equivalent number taken
9    from another form of picture identification approved for
10    purchaser identification by the Director; and
11        (4) the purchaser's name, current physical address,
12    and telephone number.
13    Any retailer of ammonium nitrate may refuse to sell
14ammonium nitrate to any person attempting to purchase ammonium
15nitrate (i) out of season, (ii) in unusual quantities, or (iii)
16under suspect purchase patterns.
17    (c) Records created under subsection (b) of this Section
18shall be maintained for a minimum of 2 years. Such records
19shall be available for inspection, copying, and audit by the
20Department as provided under this Act.
21(Source: P.A. 95-219, eff. 8-16-07.)
22    (505 ILCS 80/13)  (from Ch. 5, par. 55.13)
23    Sec. 13. Publications.
24    The Director shall publish at least semi-annually and in
25such forms as he may deem proper:



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



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1    (505 ILCS 80/15)  (from Ch. 5, par. 55.15)
2    Sec. 15. Short weight. If any commercial fertilizer or
3custom mix in the possession of the consumer is found by the
4Director to be short in weight, the registrant of such
5commercial fertilizer or custom mix shall, within 30 days after
6official notice from the Director, pay to the consumer a
7penalty equal to 4 times the value of the actual shortage.
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;
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



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



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



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1such commercial fertilizer or custom mix is released in writing
2by the Director or such violation has been otherwise legally
3disposed of by written authority.
4    The Director shall release the commercial fertilizer or
5custom mix so withdrawn when the requirements of the provisions
6of this Act have been complied with and all costs and expenses
7incurred in connection with the withdrawal have been paid.
8(Source: P.A. 77-106.)
9    (505 ILCS 80/18)  (from Ch. 5, par. 55.18)
10    Sec. 18. Seizure, condemnation and sale.
11    Any lot of commercial fertilizer or custom mix not in
12compliance with the provisions of this Act shall be subject to
13seizure on complaint of the Director or his authorized agent to
14the circuit court of the county in which such commercial
15fertilizer or custom mix is located. In the event the court
16finds such commercial fertilizer or custom mix to be in
17violation of this Act and orders the condemnation of such
18commercial fertilizer or custom mix, it shall be disposed of in
19any manner consistent with the quality of the commercial
20fertilizer or custom mix and the laws of the State. However, in
21no instance shall the disposition of such commercial fertilizer
22or custom mix be ordered by the court without first giving the
23claimant an opportunity to apply to the court for release of
24such commercial fertilizer or custom mix or for permission to
25process or re-label the commercial fertilizer or custom mix to



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1bring it into compliance with this Act.
2(Source: P.A. 77-106.)
3    (505 ILCS 80/18a)  (from Ch. 5, par. 55.18a)
4    Sec. 18a. Location and operation.
5    (a) Before installing commercial fertilizer facilities for
6the distribution or storage of anhydrous ammonia or
7low-pressure nitrogen solutions, the owner shall apply to the
8Department for approval of the location of the facilities.
9Distribution and storage facilities shall be in compliance with
10local zoning ordinances and the minimum distance requirements
11for safe storage of anhydrous ammonia or low-pressure nitrogen
12solutions as established by Department rule. Existing storage
13tanks installed prior to the effective date of this amendatory
14Act of 1983 shall be exempt from the requirements for location
15approval. Prior to any expansion or modification of such
16existing storage tanks, written approval shall be obtained from
17the Department and such tanks shall meet current requirements
18as established by Department rule.
19    (b) Authorized Department personnel may enter upon any
20public or private premises during reasonable business hours and
21inspect facilities, equipment and vehicles used in the storage,
22application, and distribution of anhydrous ammonia and
23low-pressure nitrogen solutions and observe operations as
24necessary to determine compliance with the provisions of this
25Act and the rules promulgated hereunder. Department personnel



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1may enter the premises at any time when the health, safety or
2welfare of the public is threatened by escaping gas, spills,
3fire, damaged or faulty equipment, accident or act of God.
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 low pressure nitrogen
9solutions. Such rules and regulations shall consist of those
10reasonably necessary for the safety of the public, including
11persons handling or using such materials, and shall be in
12substantial conformity with the current nationally accepted
13safety standards.
14    (d) The Director or his authorized agent may issue and
15enforce a written stop use order to the owner or custodian of
16the facility upon a violation of this Act or the rules and
17regulations. The Director shall terminate the stop use order
18upon compliance with the requirements of this Act and rules and
20    (e) The Department may adopt rules and regulations setting
21forth the requirements for the containment of fertilizer
22products at commercial facilities, which may include, but would
23not be limited to, the design, inspection, construction,
24location, installation, and operation for the storage and
25handling use of bulk liquid fertilizer, bulk dry fertilizer,
26and low-pressure nitrogen solutions as may be necessary for the



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1protection of ground water, the environment, and public safety.
2The Department may establish fees for the inspection of such
3containment facilities.
4    (f) Nothing in this Section shall apply to facilities that
5manufacture anhydrous ammonia subject to the OSHA Process
6Safety Management regulations cited under 29 CFR 1910.119.
7(Source: P.A. 85-1327.)
8    (505 ILCS 80/19)  (from Ch. 5, par. 55.19)
9    Sec. 19. Violations and prosecutions. Violations.
10    (a) If it appears from the examination of any commercial
11fertilizer or custom blend mix that any of the provisions of
12this Act or the rules and regulations issued thereunder have
13been violated, the Director or his or her authorized agent
14shall cause notice of the violations to be given to the
15registrant, distributor or possessor from whom the sample was
16taken. Any person so notified shall be given opportunity to be
17heard under such rules and regulations as may be prescribed by
18the Director. If it appears after such hearing, either in the
19presence or absence of the person so notified, that any of the
20provisions of this Act or rules and regulations issued
21thereunder have been violated, the Director may certify the
22facts to the proper prosecuting attorney.
23    It shall be unlawful for any person to distribute, store,
24transport or use anhydrous ammonia or low-pressure nitrogen
25solutions in violation of this Act or the rules and regulations



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1promulgated thereunder or to violate a stop use order issued by
2the Director.
3    (b) Any person convicted of violating any provisions of
4this Act or any of the rules or regulations issued thereunder,
5or who impedes, obstructs, hinders or otherwise prevents or
6attempts to prevent the Director, or his or her duly authorized
7agent, in the performance of his or her duty in connection with
8the provisions of this Act, shall be guilty of a business
9offense punishable by a fine not less than $1,000 plus all
10costs for each violation under Section 20 of this Act to exceed
11$1,000. In all prosecutions under this Act involving the
12composition of a commercial fertilizer or custom blend mix, a
13certified copy of the official analysis signed by the Director
14shall be accepted as prima facie evidence of the composition.
15    (c) Nothing in this Act shall be construed as requiring the
16Director or his or her representative to report for prosecution
17or for the institution of seizure proceedings as a result of
18minor violations of the Act if he or she believes that a
19suitable notice of warning in writing will serve the public
20interests that the public interests will be served by a
21suitable notice of warning in writing.
22    (d) It shall be the duty of each State's attorney to whom
23any violation is reported to cause appropriate proceedings to
24be instituted and prosecuted in the circuit court without
26    (e) (Blank). The Director is authorized to apply for and



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1the court is authorized to grant a temporary restraining order
2or a preliminary or permanent injunction restraining any person
3from violating or continuing to violate any of the provisions
4of this Act or any rule or regulation promulgated under the Act
5notwithstanding the existence of other remedies. The
6injunction shall be entered without bond.
7(Source: P.A. 83-1362.)
8    (505 ILCS 80/20)  (from Ch. 5, par. 55.20)
9    Sec. 20. Hearing; notice; injunction.
10    (a) The Department, over the signature of the Director, is
11authorized to issue subpoenas and bring before the Department
12any person or persons in this State to take testimony orally,
13by deposition, or by exhibit, in the same manner prescribed by
14law in judicial proceedings and civil cases in the circuit
15courts of this State. The Director is authorized to issue
16subpoenas duces tecum for records relating to a fertilizer
17distributor's or registrant's business.
18    (b) The Department, over the signature of the Director, may
19apply to any court for a temporary restraining order or a
20preliminary or permanent injunction restraining any person
21from violating or continuing to violate any provision of this
22Act or its rules. An injunction issued under this Section shall
23be issued without bond.
24    (c) When an administrative hearing is held, the hearing
25officer, upon determination of a violation of this Act, shall



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1levy and the Department shall collect administrative penalties
2in addition to any initial penalty levied by this Act on a per
3occurrence basis as follows:
4        (1) A penalty of $1000 shall be imposed for the
5    following violations:
6            (A) neglect or refusal, after notice in writing, to
7        comply with provisions of this Act or its rules or any
8        lawful order of the Director; or
9            (B) sale, transport, disposal, or distribution of
10        a fertilizer that has been placed under stop-sale
11        order.
12        (2) A penalty of $500 shall be imposed for the
13    following violations:
14            (A) thwarting or hindering the Director in the
15        performance of his or her duties by misrepresenting or
16        concealing facts or conditions; or
17            (B) distribution of a fertilizer that is
18        mislabeled or adulterated.
19        (3) A penalty of $200 shall be imposed for the
20    following violations:
21            (A) distribution of a fertilizer that does not have
22        an accompanying label attached or displayed;
23            (B) failure to comply with any provisions of this
24        Act or its rules; or
25            (C) distribution in this State of any fertilizer
26        containing noxious weed seed.



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



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1the provisions of this Act.
2    If any clause, sentence, paragraph or part of this Act
3shall for any reason be adjudged invalid by any court of
4competent jurisdiction, such judgment shall not affect, impair
5or invalidate the remainder thereof but shall be confined in
6its operation to the clause, sentence, paragraph or part
7thereof directly involved in the controversy in which such
8judgment shall have been rendered.
9(Source: Laws 1961, p. 3085.)
10    (505 ILCS 80/21.5 new)
11    Sec. 21.5. Constitutionality. If any clause, sentence,
12paragraph, or part of this Act shall for any reason be adjudged
13invalid by any court of competent jurisdiction, the judgment
14shall not affect, impair, or invalidate the remainder thereof
15but shall be confined in its operation to the clause, sentence,
16paragraph, or part thereof directly involved in the controversy
17in which the judgment shall have been rendered.
18    (505 ILCS 80/6b rep.)
19    Section 10. The Illinois Fertilizer Act of 1961 is amended
20by repealing Section 6b.
21    Section 99. Effective date. This Act takes effect January
221, 2012.