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


Sen. Michael W. Frerichs

Filed: 3/4/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 2010 by replacing
3everything after the enacting clause with the following:
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 Sections
721.5 and 21.7 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)



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1    Sec. 3. Definitions of words and terms. When used in this
2Act unless the context otherwise requires:
3    "AAPFCO" means the Association of American Plant Food
4Control Officials.
5    "Anhydrous ammonia" means the compound formed by the
6combination of 2 gaseous elements, nitrogen and hydrogen, in
7the proportion of one part of nitrogen to 3 parts of hydrogen
8(NH 3) by volume. Anhydrous ammonia is a fertilizer of ammonia
9gas in compressed and liquified form. It is not aqueous ammonia
10which is a solution of ammonia gas in water and which is
11considered a low-pressure nitrogen solution.
12    "Blender" means any person or system engaged in the
13business of blending fertilizer. This includes both mobile and
14fixed equipment, excluding application equipment, used to
15achieve this function.
16    "Blending" means the physical mixing or combining of: one
17or more fertilizer materials and one or more filler materials;
182 or more fertilizer materials; 2 or more fertilizer materials
19and filler materials, including mixing through the
20simultaneous or sequential application of any of the outlined
21combinations listed in this definition, to produce a uniform
23    "Brand" means a term, design, or trademark used in
24connection with one or several grades of commercial
26    "Bulk" means any fertilizer distributed in a non-packaged



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2    "Custom blend" means a fertilizer blended according to
3specifications provided to a blender in a soil test nutrient
4recommendation or to meet the specific consumer request prior
5to blending.
6(a) The term "fertilizer material" means any substance
7containing nitrogen, phosphorus, potash or any other
8recognized plant nutrient element or compound which is used
9primarily for its plant nutrient content or for compounding
10mixed fertilizers except unmanipulated animal and vegetable
12    (b) The term "mixed fertilizer" means any combination or
13mixture of fertilizer materials designed for use or claimed to
14have value in promoting plant growth.
15    (c) The term "commercial fertilizer" means mixed
16fertilizer and/or fertilizer materials except the following
17natural products: agricultural limestone, marl, sea solids and
18unprocessed animal manure, which have not been manipulated so
19as to alter or change them chemically and burnt or hydrated
20lime, and sewage sludge produced by any sanitary district shall
21not be subject to the provisions of this Act. Such term does
22not include "custom mixes" as defined herein.
23    (d) The term "anhydrous ammonia" means the compound formed
24by the combination of two gaseous elements, nitrogen and
25hydrogen, in the proportion of one part of nitrogen to three
26parts of hydrogen (NH 3) by volume. Anhydrous ammonia is a



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1commercial fertilizer of ammonia gas in compressed and
2liquified form. It is not aqueous ammonia which is a solution
3of ammonia gas in water and which is considered a low pressure
4nitrogen solution.
5    (e) The term "specialty fertilizer" means a commercial
6fertilizer distributed primarily for nonfarm use, such as home
7gardens, lawns, shrubbery, flowers, golf courses, municipal
8parks, cemeteries, green houses and nurseries, and may include
9commercial fertilizer used for research or experimental
11    (f) The term "bulk fertilizers" means commercial
12fertilizer or custom mix distributed in a non-packaged form.
13    (g) The term "custom mix" means a mixture of 2 or more
14commercial fertilizers mixed at time of shipment to the
15specific order of the consumer.
16    "Custom blender" (h) The term "custom mixer" means a person
17who produces and sells custom blends mixes.
18    "Deficiency" means the amount of nutrient found by analysis
19less than that guaranteed that may result from a lack of
20nutrient ingredients or from lack of uniformity.
21    "Department" means the Illinois Department of Agriculture.
22    "Department rules or regulations" means any rule or
23regulation implemented by the Department as authorized under
24Section 14 of this Act.
25    "Director" means the Director of Agriculture or a duly
26authorized representative.



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1    "Distribute" means to import, consign, manufacture,
2produce, store, transport, custom blend, compound, or blend
3fertilizer or to transfer from one container to another for the
4purpose of selling, giving away, bartering, or otherwise
5supplying fertilizer in this State. For the purposes of this
6Act, "distribute" does not include the retail sale of non-bulk,
7packaged speciality fertilizers or the commercial application
8of fertilizer to lawns as defined in the Lawn Care Products
9Application and Notice Act.
10    "Distributor" means any person who distributes.
11    "Fertilizer" means any substance containing one or more of
12the recognized plant nutrient nitrogen, phosphate, potash, or
13those defined under 8 Ill. Adm. Code 210.20 that is used for
14its plant nutrient content and that is designed for use or
15claimed to have value in promoting plant growth, except
16unmanipulated animal and vegetable manures, sea solids, marl,
17lime, limestone, wood ashes, and other products exempted by
18regulation by the Director.
19    "Fertilizer material" means a fertilizer that either:
20        (A) contains important quantities of no more than one
21    of the primary plant nutrients: nitrogen (N), phosphate
22    (P2O5), and potash (K2O);
23        (B) has 85% or more of its plant nutrient content
24    present in the form of a single chemical compound; or
25        (C) is derived from a plant or animal residue or
26    by-product or natural material deposit that has been



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



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



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



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1this Act.
2    (s) The term "Low-pressure nitrogen solution" means a low
3pressure solution containing 2 per cent or more by weight of
4free ammonia and/or having vapor pressure of 5 pounds or more
5per square inch gauge at 104° F.
6    "Mixed fertilizer" means any combination or mixture of
7fertilizer materials designed for use or claimed to have value
8in promoting plant growth.
9    "Official sample" means any sample of fertilizer taken by
10the Director or his agent and designated as official by the
12    "Per cent" or "percentage" means the percentage by weight.
13    "Person" means any individual, partnership, association,
14firm and corporation.
15    "Registrant" means the person who registers fertilizer and
16obtains a license under the provisions of this Act.
17    "Specialty fertilizer" means a fertilizer distributed
18primarily for nonfarm use, such as home gardens, lawns,
19shrubbery, flowers, golf courses, municipal parks, cemeteries,
20green houses and nurseries, and may include fertilizer used for
21research or experimental purposes.
22    "Ton" means a net weight of 2,000 pounds avoirdupois.
23    "Unit" means 20 pounds or 1% of a ton of plant nutrient.
24    (t) The term "Department" means the Illinois Department of
26    (u) The term "Director" means the Director of the Illinois



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1Department of Agriculture or a duly authorized representative.
2(Source: P.A. 83-586.)
3    (505 ILCS 80/4)  (from Ch. 5, par. 55.4)
4    Sec. 4. License and product registration Registration.
5    (a) Each brand and grade of commercial fertilizer shall be
6registered in the name of that person whose name appears upon
7the label before being distributed in this State. The
8application for registration shall be submitted with a label or
9facsimile of same to the Director on form furnished by the
10Director, and shall be accompanied by a fee of $20 $10 per
11grade within a brand. Upon approval by the Director a copy of
12the registration shall be furnished to the applicant. All
13registrations expire on December 31 of each year.
14    The application shall include the following information:
15        (1) The net weight
16        (2) The brand and grade
17        (3) The guaranteed analysis
18        (4) The name and address of the registrant.
19    (a-5) No person shall distribute a fertilizer in the State
20unless the person has secured a license under this Act on forms
21provided by the Director. The license application shall be
22accompanied by a fee of $100, provided that the persons who
23store anhydrous ammonia as a fertilizer, store bulk fertilizer,
24or custom blend fertilizer at more than one site under the same
25distributor's name shall identify each additional site with a



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1complete address and remit a license fee of $50 for each
2additional site. Persons performing lawn care applications for
3hire or persons who sell specialty fertilizer exclusively in
4non-bulk packages to consumers or end users are exempt from
5obtaining a license under this Act.
6    (b) A distributor shall not be required to register any
7brand of commercial fertilizer or custom mix which is already
8registered under this Act by another person.
9    (c) The plant nutrient content of each and every commercial
10fertilizer must remain uniform for the period of registration
11and, in no case, shall the percentage of any guaranteed plant
12nutrient element be changed in such a manner that the
13crop-producing quality of the commercial fertilizer is
15    (d) (Blank) Each custom mixer shall register annually with
16the Director on forms furnished by the Director. The
17application for registration shall be accompanied by a fee of
18$50, unless the custom mixer elects to register each mixture,
19paying a fee of $10 per mixture. Upon approval by the Director,
20a copy of the registration shall be furnished to the applicant.
21All registrations expire on December 31 of each year.
22    (e) A custom blend mix as defined in Section 3 section
233(f), prepared for one consumer shall not be co-mingled with
24the custom blended mixed fertilizer prepared for another
26    (f) All fees collected pursuant to this Section shall be



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1paid to the Fertilizer Control Fund for activities related to
2the administration and enforcement of this Act paid into the
3State treasury.
4(Source: P.A. 93-32, eff. 7-1-03.)
5    (505 ILCS 80/5)  (from Ch. 5, par. 55.5)
6    Sec. 5. Labeling.
7    (a) Any commercial fertilizer or custom mix distributed in
8this State in non-bulk containers shall have placed on or
9affixed to the container a label setting forth in clearly
10legible form the following information: required by Items (1),
11(2), (3), and (4) of paragraph (a) of Section 4.
12        (1) net weight;
13        (2) brand and grade; provided, that the grade shall not
14    be required when no primary nutrients are claimed;
15        (3) guaranteed analysis;
16        (4) directions for use for the fertilizer distributed
17    to the consumer; and
18        (5) name and address of the registrant.
19    In the case of bulk shipments as a brand or grade of
20fertilizer, information required by items (1), (2), (3), and
21(5) of this subsection (a) in a written or printed form shall
22accompany delivery of each load and be supplied to the
23purchaser at the time of delivery.
24    (b) (Blank). If distributed in bulk as a brand or grade of
25fertilizer, a written or printed statement of the information



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1required by items (1), (2), (3), and (4) of paragraph (a) of
2Section 4 shall accompany delivery of each load and be supplied
3to the purchaser at time of delivery.
4    (c) If distributed in bulk as a custom blend mixed
5fertilizer, a written or printed statement shall accompany
6delivery of each load and be supplied to the purchaser at time
7of delivery and must carry information as follows:
8    1. Weight of each commercial fertilizer used in the custom
9blend mixing.
10    2. The guaranteed analysis of each commercial fertilizer
11used in the custom blend mixing.
12    3. Total weight of fertilizer delivered in each load.
13    4. Name and address of the person selling the fertilizer.
14    (d) A custom blended mixed fertilizer shall be intimately
15and uniformly mixed. The Director, in determining for
16administrative purposes whether a custom blend mix is
17intimately and uniformly mixed, shall compute the analysis of
18the load of custom blended mixed fertilizer from the
19information required by Items (1), (2), and (3) of paragraph
20(c) of this section.
21    (e) Each lot of fertilizer shall display identification in
22a manner that includes, but is not limited to, numerical,
23alphabetical, date of manufacture, or a combination that
24distinguishes it from that of other lots distributed.
25    (f) Fertilizer materials not defined by AAPFCO may be used
26if the registrant furnishes an acceptable definition, AOAC



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1International or other appropriate method of analysis, heavy
2metal analysis, and agronomic data when deemed necessary.
3(Source: Laws 1963, p. 2240.)
4    (505 ILCS 80/6)  (from Ch. 5, par. 55.6)
5    Sec. 6. Inspection fees.
6    (a) There shall be paid to the Director for all commercial
7fertilizers or custom mix distributed in this State an
8inspection fee at the rate of 15˘ 25˘ per ton. Sales to
9manufacturers or exchanges between registrants them are hereby
10exempted from the inspection fee.
11    On individual packages of commercial or custom mix or
12specialty fertilizers containing 5 pounds or less, or if in
13liquid form containers of 4,000 cubic centimeters or less,
14there shall be paid instead of the 15˘ 25˘ per ton inspection
15fee, an annual inspection fee of $50 $25 for each grade within
16a brand sold or distributed. Where a person sells commercial or
17custom mix or specialty fertilizers in packages of 5 pounds or
18less, or 4,000 cubic centimeters or less if in liquid form, and
19also sells in larger packages than 5 pounds or liquid
20containers larger than 4,000 cubic centimeters, this annual
21inspection fee of $50 $25 applies only to that portion sold in
22packages of 5 pounds or less or 4,000 cubic centimeters or
23less, and that portion sold in larger packages or containers
24shall be subject to the same inspection fee of 15˘ 25˘ per ton
25as provided in this Act. The increased fees shall be effective



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1after June 30, 1989.
2    (b) Every person who distributes a commercial fertilizer or
3custom mix in this State shall file with the Director, on forms
4furnished by the Director, a semi-annual statement for the
5periods ending June 30 and December 31, setting forth the
6number of net tons of each grade of commercial fertilizers
7within a brand or the net tons of custom blend mix distributed.
8The report shall be due on or before the 30th 15th day of the
9month following the close of each semi-annual period and upon
10the statement shall pay the inspection fee at the rate stated
11in paragraph (a) of this Section.
12    One half of the 25˘ per ton inspection fee shall be paid
13into the Fertilizer Control Fund and all other fees collected
14under this Section shall be paid into the State treasury.
15    If the tonnage report is not filed and the payment of
16inspection fee is not made within 30 days after the end of the
17semi-annual period, a collection fee amounting to 15% 10%
18(minimum $15 $10) of the amount shall be assessed against the
19registrant. The amount of fees due shall constitute a debt and
20become the basis of a judgment against the registrant. Upon the
21written request to the Director additional time may be granted
22past the normal date of filing the semi-annual statement.
23    (c) When more than one person is involved in the
24distribution of a commercial fertilizer, the last registrant
25who distributes to the consumer or end-user non-registrant
26(dealer or consumer) is responsible for reporting the tonnage



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1and paying the inspection fee.
2    (d) All fees collected under this Section shall be paid to
3the Fertilizer Control Fund for activities related to the
4administration and enforcement of this Act.
5(Source: P.A. 93-32, eff. 7-1-03.)
6    (505 ILCS 80/6a)  (from Ch. 5, par. 55.6a)
7    Sec. 6a. Nutrient Research and Education Council. The
8Director is hereby authorized to ensure that distributors remit
9a designated fertilizer tonnage assessment to the Nutrient
10Research and Education Council (NREC) for the purpose of
11pursuing nutrient research and providing educational programs
12to ensure the adoption and implementation of practices that
13optimize nutrient use efficiency, ensure soil fertility, and
14address environmental concerns with regard to fertilizer use.
15The NREC may also participate in relevant demonstration and
16cost-share programs to enhance adoption and meet objectives of
17nutrient efficiency and stewardship programs supported by the
19    The NREC shall be comprised of 9 persons, 3 representing
20the fertilizer industry, 3 persons representing grower
21organizations, to include at least one member of the State's
22largest farm organization, one person representing the
23specialty fertilizer industry, one person representing a
24certified agronomy organization, and the Director or his or her
25designee and 4 non-voting members: 2 persons representing



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1environmental organizations, one person representing a State
2or federal agriculture experiment station and the Director of
3the Illinois Environmental Protection Agency or his or her
4designee. In the appointment of persons to the NREC, the
5organizations designated in this Section shall nominate, and
6the Director shall select from these nominations,
7representatives to this Council. Members of the Council shall
8receive no compensation for their services, and the terms of
9the Council members, appointment process, and conduct of the
10meetings shall be outlined in the bylaws established by this
11Council on their initial appointment by the Director and made
12available to the industry organizations.
13    The responsibilities of the NREC are to:
14        (1) prioritize nutrient research needs and solicit
15    research proposals to generate findings and make
16    recommendations to the Council based on the findings;
17        (2) evaluate the proposed budget for each research
18    project and make recommendations as necessary;
19        (3) arrange for peer review of all research proposals
20    for scientific merit and methods;
21        (4) report the findings of all research projects at
22    industry conferences, publish the findings and implement
23    educational programs to apply the research recommendations
24    in agricultural production systems and in consumer use
25    markets where appropriate;
26        (5) engage in outreach and field level trials and



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1    educational programs with growers and consumers and
2    publicize these events; and
3        (6) where practical, cooperate with other programs
4    with similar goals.
5    The Council shall recommend, and the Director shall set,
6the fertilizer tonnage assessment for the purpose of funding
7the NREC at no less than 50 cents per ton and no greater than $3
8per ton to fund, administer, publish, and implement the
9research, education, and outreach programs designated each
10year by the Council. A minimum of 20% of the funds shall be
11designated for cost-share programs and on-farm demonstration
12programs to study and address water quality issues. The Council
13shall report to the Director by December 31 of each year the
14recommended amount of annual tonnage assessment to be collected
15the following year from distributors.
16    Assessments collected from distributors are payable
17directly to the NREC on a semi-annual basis. This payment shall
18coincide with the reporting of the tonnage data and the
19remittance of the inspection fee to the Department. If the NREC
20assessment is not made to the Council under this Section, then
21the Director may rescind the license of the distributor. The
22Council may enter into an agreement with the Director to
23establish random audits of distributors to assure accurate
24remittance of the NREC assessment. The NREC may also enter into
25contracts with other entities approved by the Council for the
26purposes of fulfilling the objectives of the NREC.



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1    The NREC shall publish annually an activity and financial
2report of its activities, funds collected, and expenditures for
3nutrient programs shall be audited at least annually by a
4certified public accountant and made available within 30 days
5after its completion to the Director and each Council member
6for dissemination to their respective organizations. The
7Department is hereby authorized to establish a program and
8expend appropriations for a fertilizer research and education
9program dealing with the relationship of fertilizer use to soil
10management, soil fertility, plant nutrition problems, and for
11research on environmental concerns which may be related to
12fertilizer usage; for the dissemination of the results of such
13research; and for other designated activities including
14educational programs to promote the correct and effective usage
15of fertilizer materials.
16    To assist in the development and administration of the
17fertilizer research and education program, the Director is
18authorized to establish a Fertilizer Research and Education
19Council consisting of 9 persons. This council shall be
20comprised of 3 persons representing the fertilizer industry, 3
21persons representing crop production, and 2 persons
22representing the public at large. In the appointment of persons
23to the council, the Director shall consult with representative
24persons and recognized organizations in the respective fields
25concerning such appointments. The Director or his
26representative from the Department shall act as chairman of the



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1council. The Director shall call meetings thereof from time to
2time or when requested by 3 or more appointed members of the
4    The responsibilities of the Fertilizer Research and
5Education Council are to:
6        (a) solicit research and education projects consistent
7    with the scope of the established fertilizer research and
8    education program;
9        (b) review and arrange for peer review of all research
10    proposals for scientific merit and methods, and review or
11    arrange for the review of all proposals for their merit,
12    objective, methods and procedures;
13        (c) evaluate the proposed budget for the projects and
14    make recommendations as necessary; and
15        (d) monitor the progress of projects and report at
16    least once each 6 months on each project's accomplishments
17    to the Director and Board of Agricultural Advisors.
18    The Fertilizer Research and Education Council shall at
19least annually recommend projects to be approved and funded
20including recommendations on continuation or cancellation of
21authorized and ongoing projects to the Board of Agricultural
22Advisors, which is created in Section 5-525 of the Departments
23of State Government Law (20 ILCS 5/5-525). The Board of
24Agricultural Advisors shall review the proposed projects and
25recommendations of the Fertilizer Research and Education
26Council and recommend to the Director what projects shall be



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1approved and their priority. In the case of authorized and
2ongoing projects, the Board of Agricultural Advisors shall
3recommend to the Director the continuation or cancellation of
4such projects.
5    When the Director, the Board of Agricultural Advisors, and
6the Fertilizer Research and Education Council approve a project
7and subject to available appropriations, the Director shall
8grant funds to the person originating the proposal.
9(Source: P.A. 91-239, eff. 1-1-00.)
10    (505 ILCS 80/7)  (from Ch. 5, par. 55.7)
11    Sec. 7. Inspection, sampling, analysis.
12    (a) It is the duty of the Director, who may act through his
13authorized agent, to sample, inspect, make analysis of, and
14test commercial fertilizers and custom mixes distributed
15within this State at a time and place and to such an extent as
16the Director he considers necessary to determine whether such
17commercial fertilizers or custom mixes are in compliance with
18the provisions of this Act. The Director, individually or
19through his agent, is authorized to enter upon any public or
20private premises during regular business hours in order to have
21access to commercial fertilizers or custom mixes and to records
22relating to their distribution subject to the provisions of
23this Act and the rules and regulations pertaining thereto.
24    (b) The methods of analysis and sampling shall be those
25adopted by the official agency from sources such as those of



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1the Association of Official Analytical Agricultural Chemists.
2    (c) The Director, in determining for administrative
3purposes whether any commercial fertilizer or custom mix is
4deficient in plant food, shall be guided solely by the official
5sample as defined in paragraph (k) of Section 3, and obtained
6and analyzed as provided for in this Section paragraph (b) of
7Section 7.
8    (d) The results of official analysis of any commercial
9fertilizer or custom mix which has been found to be subject to
10penalty or other legal action shall be forwarded by the
11Director to the registrant at least 10 days before the report
12is submitted to the purchaser. If during that period no
13adequate evidence to the contrary is made available to the
14Director, the report shall become official. Upon request the
15Director shall furnish to the registrant a portion of any
16sample found subject to penalty or other legal action.
17(Source: P.A. 77-106.)
18    (505 ILCS 80/8)  (from Ch. 5, par. 55.8)
19    Sec. 8. Plant food deficiency.
20    If any commercial fertilizer or custom mix offered for sale
21in this State proves, upon official analysis, to be deficient
22from its guaranteed analysis, penalty shall be assessed against
23the manufacturer or custom blender mixer in accordance with the
24following provisions:
25    (1) When the value for a single ingredient fertilizer



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1containing nitrogen, available phosphate, or soluble potash is
2found to be deficient from the guarantee to the extent of 3% to
35% of the total value For a single ingredient fertilizer
4containing nitrogen or phosphate or potash: when the value of
5this ingredient is found to be deficient from the guarantee to
6the extent of 3% and not over 5% of the total value, the
7registrant shall be liable for the actual deficiency in value.
8When the deficiency exceeds 5% of the total value, the penalty
9shall be 3 times the actual value of the shortage.
10    (2) For multiple ingredient fertilizers containing 2 or
11more of the single ingredients: nitrogen or phosphate or
12potash, penalties shall be assessed according to (a) or (b) as
13herein stated. When a multiple ingredient fertilizer is subject
14to a penalty under both (a) and (b) only the larger penalty
15shall be assessed.
16    (a) When the total combined values of the nitrogen or
17available phosphate phosphoric acid or potash is found to be
18deficient to the extent of 3% to 5% 3% and not over 5%, the
19registrant shall be liable for the actual deficiency in total
20value. When the deficiency exceeds 5% of the total value, the
21penalty shall be 3 times the actual value of the shortage.
22    (b) When either the nitrogen, available phosphate
23phosphoric acid, or potash value is found deficient from the
24guarantee to the extent of 20% up to the maximum of 4 units (4%
25plant food), the registrant shall be liable for the value of
26such shortages.



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1    (3) Deficiencies in any other constituent or constituents
2covered under Section 3, paragraph (i), items B, C, and D of
3this Act which the registrant is required to or may guarantee
4shall be evaluated by the Director and penalties therefor shall
5be prescribed by the Director.
6    (a) Nothing contained in this Section shall prevent any
7person from appealing to a court of competent jurisdiction for
8judgment as to the justification of such penalties.
9    (b) All penalties assessed under this Section shall be paid
10to the consumer of the lot of commercial fertilizer or custom
11mix purchased, and which is represented by the sample analyzed,
12within 3 months after the date of notice from the Director to
13the registrant. Receipts shall be taken therefor and promptly
14forwarded to the Director. If such consumers cannot be found,
15the amount of the penalty shall be paid to the Director who
16shall deposit the same in the General Revenue Fund in the State
18(Source: Laws 1963, p. 2240.)
19    (505 ILCS 80/9)  (from Ch. 5, par. 55.9)
20    Sec. 9. Commercial value. On the basis of information
21secured from persons holding registrant's permit to sell
22fertilizers in Illinois, the following values will be used for
23purposes of assessing penalties as provided by Section 8 of
24this Act:
25Nitrogen$6.00 $3.00 per unit (30˘ 15˘ per pound)



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1Total P2O5 in Rock
2Phosphate1.44 .72 per unit (7.2˘ 3.6˘ per pound)
3Available P2O54.00 2.00 per unit (20˘ 10˘ per pound)
4Potash2.00 1.00 per unit (10˘ per pound).
5    In the event that the actual retail price is substantially
6greater than the value as calculated at the above rates, the
7penalty shall be based on the retail price. In addition, the
8Director may require that any lot subject to penalty be
9returned to the registrant and all costs involved in the return
10of such goods shall be borne by the registrant. However, in the
11case of bulk fertilizers, the person offering fertilizer for
12sale in bulk shall be responsible for guaranteeing such
13fertilizer and shall be liable for all penalties assessed under
14the provisions of Section 8.
15(Source: P.A. 89-626, eff. 8-9-96.)
16    (505 ILCS 80/10)  (from Ch. 5, par. 55.10)
17    Sec. 10. Minimum plant food content.
18    No superphosphate containing less than 18% available
19phosphate phosphoric acid nor any mixed fertilizer or custom
20blend mix, other than a custom blend mix consisting in part of
21unacidulated mineral phosphatic materials, in which the sum of
22the guarantees for the nitrogen, available phosphate
23phosphoric acid, and soluble potash totals less than 20% shall
24be distributed in this State. Specialty fertilizers are exempt
25from minimum plant food requirements for mixed fertilizers and



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1custom blends mixes.
2(Source: Laws 1961, p. 3085.)
3    (505 ILCS 80/11)  (from Ch. 5, par. 55.11)
4    Sec. 11. Misbranding or adulteration. False or misleading
6    (a) It is unlawful for any person to distribute a
7fertilizer that is misbranded or adulterated within this State.
8A fertilizer shall be deemed misbranded if:
9        (1) its labeling is false or misleading in any
10    particular;
11        (2) it is distributed under the name of another
12    fertilizer product;
13        (3) it is not labeled as required by this Act or its
14    rules; or
15        (4) it purports to be or is represented as a
16    fertilizer, or is represented as containing a plant
17    nutrient or fertilizer, unless such plant nutrient or
18    fertilizer conforms to the definition of identity, if any,
19    prescribed by regulation of the Director; in adopting such
20    regulations the Director shall give due regard to commonly
21    accepted definitions and official fertilizer terms such as
22    those issued by the Association of American Plant Food
23    Control Officials.
24    (b) A fertilizer shall be deemed adulterated if:
25        (1) it contains any deleterious or harmful substance,



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1    defined under the provisions of this Act or its rules or
2    regulations, in sufficient amount to render it injurious to
3    beneficial plant life, animals, humans, aquatic life,
4    soil, or water when applied in accordance with directions
5    for use on the label;
6        (2) its composition falls below or differs from that
7    which it is purported to possess by its labeling; or
8        (3) it contains unwanted crop seed or weed seed. A
9    commercial fertilizer or custom mix is misbranded if it
10    carries any false or misleading statement upon or attached
11    to the container, or if false or misleading statements
12    concerning its agricultural value are made on the container
13    or in any advertising matter accompanying or associated
14    with the commercial fertilizer or custom mix. It is
15    unlawful to distribute a misbranded commercial fertilizer
16    or custom mix only after a notice of hearing has been
17    issued, served, a hearing held, and opportunity is given
18    for the defendant to appeal to a court of competent
19    jurisdiction from the decision of the hearing, if he so
20    elects, within a period of 10 days after such hearing.
21(Source: Laws 1961, p. 3085.)
22    (505 ILCS 80/12)  (from Ch. 5, par. 55.12)
23    Sec. 12. Tonnage reports; records.
24    (a) Any person distributing fertilizer to a consumer or
25end-user non-registrant in this State shall provide the



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1Director with a summary report on or before the 10th day of
2each month covering the shipments made during the preceding
3month of tonnage on a form, provided by the Director, for that
4purpose. If requested by the NREC, the distributor who supplies
5fertilizer to the consumer or end user shall also provide to
6the NREC additional information relevant to general fertilizer
7use, practices or sales of products that enhance the
8stabilization, or efficiency of fertilizer.
9    Specialty fertilizer sold in packages weighing 5 pounds or
10less or in container of 4000 cubic centimeters or less, shall
11be reported but no inspection fee will be charged. No
12information furnished under this Section shall be disclosed by
13the Department in such a way as to divulge the operation of any
15    (b) Persons engaged in the sale of ammonium nitrate shall
16obtain the following information upon its distribution:
17        (1) the date of distribution;
18        (2) the quantity purchased;
19        (3) the license number of the purchaser's valid State
20    or federal driver's license, or an equivalent number taken
21    from another form of picture identification approved for
22    purchaser identification by the Director; and
23        (4) the purchaser's name, current physical address,
24    and telephone number.
25    Any retailer of ammonium nitrate may refuse to sell
26ammonium nitrate to any person attempting to purchase ammonium



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1nitrate (i) out of season, (ii) in unusual quantities, or (iii)
2under suspect purchase patterns.
3    (c) Records created under subsection (b) of this Section
4shall be maintained for a minimum of 2 years. Such records
5shall be available for inspection, copying, and audit by the
6Department as provided under this Act.
7(Source: P.A. 95-219, eff. 8-16-07.)
8    (505 ILCS 80/13)  (from Ch. 5, par. 55.13)
9    Sec. 13. Publications.
10    The Director shall publish at least semi-annually and in
11such forms as he may deem proper:
12    (a) Information concerning the distribution of commercial
13fertilizers and custom mixes by counties.
14    (b) Results of analysis based on official samples of
15commercial fertilizers and custom mixes distributed within the
16state as compared with the analysis guaranteed under Sections 4
17and 5.
18(Source: Laws 1961, p. 3085.)
19    (505 ILCS 80/14)  (from Ch. 5, par. 55.14)
20    Sec. 14. Rules and regulations.
21    (a) For the enforcement of this Act, the Director is
22authorized, after due notice and public hearing, to prescribe
23and to enforce such rules and regulations relating to the
24distribution of fertilizers, the equipment, containers, and



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1storage pertaining to anhydrous ammonia, and low pressure
2nitrogen solutions commercial fertilizer or custom mix as he
3may be find necessary to carry into effect the full intent and
4meaning of this Act.
5    (b) The official definitions of fertilizers and official
6fertilizer terms as adopted and published by the Association of
7American Plant Food Control Officials and any amendments or
8supplements thereto are the official definitions of
9fertilizers and official fertilizer terms, except insofar as
10specifically defined in Section 3 or amended, modified, or
11rejected by a rule adopted by the Director.
12(Source: Laws 1961, p. 3085.)
13    (505 ILCS 80/15)  (from Ch. 5, par. 55.15)
14    Sec. 15. Short weight. If any commercial fertilizer or
15custom mix in the possession of the consumer is found by the
16Director to be short in weight, the registrant of such
17commercial fertilizer or custom mix shall, within 30 days after
18official notice from the Director, pay to the consumer a
19penalty equal to 4 times the value of the actual shortage.
20(Source: Laws 1961, p. 3085.)
21    (505 ILCS 80/16)  (from Ch. 5, par. 55.16)
22    Sec. 16. Cancellation, suspension, or refusal of
23registrations and licenses. Cancellation of registrations.
24    The Director may refuse to register a fertilizer or cancel



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1or suspend a fertilizer registration, custom blend, or
2fertilizer license if:
3        (1) the composition of the fertilizer does not warrant
4    the claims made;
5        (2) the fertilizer does not comply with the provisions
6    of this Act or its rules;
7        (3) the labeling or other materials required for
8    registration do not comply with the provisions of this Act
9    or its rules;
10        (4) the registrant used fraudulent or deceptive
11    practices to secure registration;
12        (5) it is determined that a fertilizer poses a risk of
13    unreasonable adverse effects to man or the environment
14    under the provisions of this Act or its rules; or
15        (6) the registrant does not comply with the provisions
16    of this Act or its rules.
17    The Director is authorized and empowered to cancel the
18registration of any brand of commercial fertilizer or custom
19mix or to refuse to register any brand of commercial fertilizer
20or custom mix as herein provided, upon satisfactory evidence
21that the registrant has used fraudulent or deceptive practices
22in the evasions or attempted evasions of the provisions of this
23Act or any rules and regulations promulgated thereunder;
24however, no registration shall be revoked or refused until the
25registrant has been given the opportunity to appear for a
26hearing by the Director.



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1(Source: Laws 1961, p. 3085.)
2    (505 ILCS 80/17)  (from Ch. 5, par. 55.17)
3    Sec. 17. Stop sale; use or removal order.
4    (a) Whenever the Director finds that a fertilizer is being
5distributed in violation of this Act or its rules, he or she
6may issue and serve a written order to stop sale, stop use, or
7regulate removal upon an owner, operator, manager, or agent in
8charge of the fertilizer.
9    (b) The Director shall provide the registrant, if different
10from the person served under subsection (a), with a copy of any
11order when corrective action appears to be the responsibility
12of the registrant.
13    (c) If an owner, operator, manager, or agent is not
14available for service of an order upon him or her, the Director
15shall attach the order to the fertilizer and notify the
17    (d) The Director shall remove or vacate an order by written
18notice when the violated provisions of this Act or its rules
19have been complied with, the conditions specified have been
20met, or the violation has been otherwise disposed of by either
21administrative or judicial action and all costs and expenses
22incurred in connection with the withdrawal have been paid.
23    (e) When the Director finds, under the provisions of this
24Act or its rules, that a fertilizer being distributed in this
25State is injurious to plants, animals, or man when used in



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1accordance with label directions, he or she may issue an order
2to remove the fertilizer from the State and establish
3requirements to effect the expeditious removal of the
4fertilizer without adverse effects to man or the environment.
5"Stop sale" orders.
6    The Director or his authorized agent may issue and enforce
7a written or printed "stop sale, use, or removal" order to the
8owner or custodian of any lot of commercial fertilizer or
9custom mix and to hold such lot at a designated place when the
10Director finds such commercial fertilizer or custom mix is
11being offered or exposed for sale in violation of any of the
12provisions of this Act until the law has been complied with and
13such commercial fertilizer or custom mix is released in writing
14by the Director or such violation has been otherwise legally
15disposed of by written authority.
16    The Director shall release the commercial fertilizer or
17custom mix so withdrawn when the requirements of the provisions
18of this Act have been complied with and all costs and expenses
19incurred in connection with the withdrawal have been paid.
20(Source: P.A. 77-106.)
21    (505 ILCS 80/18)  (from Ch. 5, par. 55.18)
22    Sec. 18. Seizure, condemnation and sale.
23    Any lot of commercial fertilizer or custom mix not in
24compliance with the provisions of this Act shall be subject to
25seizure on complaint of the Director or his authorized agent to



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1the circuit court of the county in which such commercial
2fertilizer or custom mix is located. In the event the court
3finds such commercial fertilizer or custom mix to be in
4violation of this Act and orders the condemnation of such
5commercial fertilizer or custom mix, it shall be disposed of in
6any manner consistent with the quality of the commercial
7fertilizer or custom mix and the laws of the State. However, in
8no instance shall the disposition of such commercial fertilizer
9or custom mix be ordered by the court without first giving the
10claimant an opportunity to apply to the court for release of
11such commercial fertilizer or custom mix or for permission to
12process or re-label the commercial fertilizer or custom mix to
13bring it into compliance with this Act.
14(Source: P.A. 77-106.)
15    (505 ILCS 80/18a)  (from Ch. 5, par. 55.18a)
16    Sec. 18a. Location and operation.
17    (a) Before installing commercial fertilizer facilities for
18the distribution or storage of anhydrous ammonia or
19low-pressure nitrogen solutions, the owner shall apply to the
20Department for approval of the location of the facilities.
21Distribution and storage facilities shall be in compliance with
22local zoning ordinances and the minimum distance requirements
23for safe storage of anhydrous ammonia or low-pressure nitrogen
24solutions as established by Department rule. Existing storage
25tanks installed prior to the effective date of this amendatory



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1Act of 1983 shall be exempt from the requirements for location
2approval. Prior to any expansion or modification of such
3existing storage tanks, written approval shall be obtained from
4the Department and such tanks shall meet current requirements
5as established by Department rule.
6    (b) Authorized Department personnel may enter upon any
7public or private premises during reasonable business hours and
8inspect facilities, equipment and vehicles used in the storage
9and distribution of anhydrous ammonia and low-pressure
10nitrogen solutions and observe operations as necessary to
11determine compliance with the provisions of this Act and the
12rules promulgated hereunder. Department personnel may enter
13the premises at any time when the health, safety or welfare of
14the public is threatened by escaping gas, spills, fire, damaged
15or faulty equipment, accident or act of God.
16    (c) The Department shall adopt rules and regulations
17setting forth minimum safety standards covering the design,
18construction, location, installation and operation of
19equipment for storage, handling, use and transportation of
20anhydrous ammonia and low pressure nitrogen solutions. Such
21rules and regulations shall consist of those reasonably
22necessary for the safety of the public, including persons
23handling or using such materials, and shall be in substantial
24conformity with the current nationally accepted safety
26    (d) The Director or his authorized agent may issue and



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1enforce a written stop use order to the owner or custodian of
2the facility upon a violation of this Act or the rules and
3regulations. The Director shall terminate the stop use order
4upon compliance with the requirements of this Act and rules and
6    (e) The Department may adopt rules and regulations setting
7forth the requirements for the containment of fertilizer
8products at commercial facilities, which may include, but would
9not be limited to, the design, inspection, construction,
10location, installation, and operation for the storage and
11handling use of bulk liquid fertilizer, bulk dry fertilizer,
12and low-pressure nitrogen solutions as may be necessary for the
13protection of ground water, the environment, and public safety.
14The Department may establish fees for the inspection of such
15containment facilities.
16    (f) Nothing in this Section shall apply to facilities that
17manufacture anhydrous ammonia subject to the OSHA Process
18Safety Management regulations cited under 29 CFR 1910.119.
19(Source: P.A. 85-1327.)
20    (505 ILCS 80/19)  (from Ch. 5, par. 55.19)
21    Sec. 19. Violations and prosecutions. Violations.
22    (a) If it appears from the examination of any commercial
23fertilizer or custom mix that any of the provisions of this Act
24or the rules and regulations issued thereunder have been
25violated, the Director or his or her authorized agent shall



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1cause notice of the violations to be given to the registrant,
2distributor or possessor from whom the sample was taken. Any
3person so notified shall be given opportunity to be heard under
4such rules and regulations as may be prescribed by the
5Director. If it appears after such hearing, either in the
6presence or absence of the person so notified, that any of the
7provisions of this Act or rules and regulations issued
8thereunder have been violated, the Director may certify the
9facts to the proper prosecuting attorney.
10    It shall be unlawful for any person to distribute, store,
11transport or use anhydrous ammonia or low-pressure nitrogen
12solutions in violation of this Act or the rules and regulations
13promulgated thereunder or to violate a stop use order issued by
14the Director.
15    (b) Any person convicted of violating any provisions of
16this Act or any of the rules or regulations issued thereunder,
17or who impedes, obstructs, hinders or otherwise prevents or
18attempts to prevent the Director, or his or her duly authorized
19agent, in the performance of his or her duty in connection with
20the provisions of this Act, shall be guilty of a business
21offense punishable by a fine not less than $1,000 plus all
22costs for each violation to exceed $1,000. In all prosecutions
23under this Act involving the composition of a commercial
24fertilizer or custom mix, a certified copy of the official
25analysis signed by the Director shall be accepted as prima
26facie evidence of the composition.



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1    (c) Nothing in this Act shall be construed as requiring the
2Director or his or her representative to report for prosecution
3or for the institution of seizure proceedings as a result of
4minor violations of the Act if he or she believes that a
5suitable notice of warning in writing will serve the public
6interests that the public interests will be served by a
7suitable notice of warning in writing.
8    (d) It shall be the duty of each State's attorney to whom
9any violation is reported to cause appropriate proceedings to
10be instituted and prosecuted in the circuit court without
12    (e) (Blank). The Director is authorized to apply for and
13the court is authorized to grant a temporary restraining order
14or a preliminary or permanent injunction restraining any person
15from violating or continuing to violate any of the provisions
16of this Act or any rule or regulation promulgated under the Act
17notwithstanding the existence of other remedies. The
18injunction shall be entered without bond.
19(Source: P.A. 83-1362.)
20    (505 ILCS 80/20)  (from Ch. 5, par. 55.20)
21    Sec. 20. Hearing; notice; injunction.
22    (a) The Department, over the signature of the Director, is
23authorized to issue subpoenas and bring before the Department
24any person or persons in this State to take testimony orally,
25by deposition, or by exhibit, in the same manner prescribed by



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1law in judicial proceedings and civil cases in the circuit
2courts of this State. The Director is authorized to issue
3subpoenas duces tecum for records relating to a fertilizer
4distributor's or registrant's business.
5    (b) The Department, over the signature of the Director, may
6apply to any court for a temporary restraining order or a
7preliminary or permanent injunction restraining any person
8from violating or continuing to violate any provision of this
9Act or its rules. An injunction issued under this Section shall
10be issued without bond.
11    (c) When an administrative hearing is held, the hearing
12officer, upon determination of a violation of this Act, shall
13levy and the Department shall collect administrative penalties
14in addition to any initial penalty levied by this Act on a per
15occurrence basis as follows:
16        (1) A penalty of $1000 shall be imposed for the
17    following violations:
18            (A) neglect or refusal, after notice in writing, to
19        comply with provisions of this Act or its rules or any
20        lawful order of the Director; or
21            (B) sale, transport, disposal, or distribution of
22        a fertilizer that has been placed under stop-sale
23        order.
24        (2) A penalty of $500 shall be imposed for the
25    following violations:
26            (A) thwarting or hindering the Director in the



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1        performance of his or hers duties by misrepresenting or
2        concealing facts or conditions; or
3            (B) distribution of a fertilizer that is
4        mislabeled or adulterated.
5        (3) A penalty of $200 shall be imposed for the
6    following violations:
7            (A) distribution of a fertilizer that does not have
8        an accompanying label attached or displayed;
9            (B) failure to comply with any provisions of this
10        Act or its rules; or
11            (C) distribution in this State of any fertilizer
12        containing noxious weed seed.
13    When a fertilizer-soil amendment combination labeled in
14accordance with 8 Ill. Adm. Code 211.40 Subpart (b) is subject
15to penalties, the larger penalty shall be assessed.
16    All penalties collected by the Department under this
17Section shall be deposited into the Fertilizer Control Fund.
18Any penalty not paid within 60 days after receiving the notice
19from the Department shall be submitted to the Attorney
20General's office for collection. Exchanges between
22    Nothing in this Act shall be construed to restrict or avoid
23sales or exchanges of commercial fertilizers to each other by
24importers, manufacturers or manipulators who mix fertilizer
25materials for sale or as preventing the free and unrestricted
26shipments of commercial fertilizer to manufacturers or



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1manipulators who have registered their brands as required by
2the provisions of this Act.
3(Source: Laws 1961, p. 3085.)
4    (505 ILCS 80/21)  (from Ch. 5, par. 55.21)
5    Sec. 21. Exchanges between manufacturers
6Constitutionality. Nothing in this Act shall be construed to
7restrict or avoid sales or exchanges of fertilizers to each
8other by importers, manufacturers or blenders who mix
9fertilizer materials for sale or as preventing the free and
10unrestricted shipments of fertilizer to manufacturers or
11manipulators who have registered their brands as required by
12the provisions of this Act.
13    If any clause, sentence, paragraph or part of this Act
14shall for any reason be adjudged invalid by any court of
15competent jurisdiction, such judgment shall not affect, impair
16or invalidate the remainder thereof but shall be confined in
17its operation to the clause, sentence, paragraph or part
18thereof directly involved in the controversy in which such
19judgment shall have been rendered.
20(Source: Laws 1961, p. 3085.)
21    (505 ILCS 80/21.5 new)
22    Sec. 21.5. Constitutionality. If any clause, sentence,
23paragraph, or part of this Act shall for any reason be adjudged
24invalid by any court of competent jurisdiction, the judgment



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1shall not affect, impair, or invalidate the remainder thereof
2but shall be confined in its operation to the clause, sentence,
3paragraph, or part thereof directly involved in the controversy
4in which the judgment shall have been rendered.
5    (505 ILCS 80/21.7 new)
6    Sec. 21.7. Home rule. The regulation of fertilizer under
7this Act by any political subdivision of this State, including
8home rule units, is specifically prohibited, except for
9counties and municipalities with a population greater than
103,000,000. The regulation of fertilizer under this Act is an
11exclusive power and function of the State, except as provided
12in this paragraph, and is denial and limitation, under
13subsection (h) of Section 6 of Article VII of the Illinois
14Constitution, of the power of a home rule unit to regulate
15fertilizer or custom blends.
16    (505 ILCS 80/6b rep.)
17    Section 10. The Illinois Fertilizer Act of 1961 is amended
18by repealing Section 6b.
19    Section 99. Effective date. This Act takes effect January
201, 2012.".