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


Sen. Michael W. Frerichs

Filed: 3/23/2011





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2    AMENDMENT NO. ______. Amend Senate Bill 2010, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Illinois Fertilizer Act of 1961 is amended
6by changing Sections 2, 3, 4, 5, 6, 6a, 7, 8, 9, 10, 11, 12, 13,
714, 15, 16, 17, 18, 18a, 19, 20, and 21 and by adding Section
821.5 as follows:
9    (505 ILCS 80/2)  (from Ch. 5, par. 55.2)
10    Sec. 2. Enforcing official. The Director of the Department
11of Agriculture, hereinafter referred to as the "Director",
12shall administer this Act. This Act shall be administered by
13the Director of the Department of Agriculture, hereinafter
14referred to as the "Director".
15(Source: Laws 1961, p. 3085.)



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1    (505 ILCS 80/3)  (from Ch. 5, par. 55.3)
2    Sec. 3. Definitions of words and terms. When used in this
3Act unless the context otherwise requires:
4    "AAPFCO" means the Association of American Plant Food
5Control Officials.
6    "Anhydrous ammonia" means the compound formed by the
7combination of 2 gaseous elements, nitrogen and hydrogen, in
8the proportion of one part of nitrogen to 3 parts of hydrogen
9(NH3) by volume. Anhydrous ammonia is a fertilizer of ammonia
10gas in compressed and liquified form. It is not aqueous ammonia
11which is a solution of ammonia gas in water and which is
12considered a low-pressure nitrogen solution.
13    "Blender" means any person or system engaged in the
14business of blending fertilizer. This includes both mobile and
15fixed equipment, excluding application equipment, used to
16achieve this function.
17    "Blending" means the physical mixing or combining of: one
18or more fertilizer materials and one or more filler materials;
192 or more fertilizer materials; 2 or more fertilizer materials
20and filler materials, including mixing through the
21simultaneous or sequential application of any of the outlined
22combinations listed in this definition, to produce a uniform
24    "Brand" means a term, design, or trademark used in
25connection with one or several grades of commercial



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



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



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



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



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



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1    "Lot" means an identifiable quantity of fertilizer that can
2be sampled according to AOAC International procedures, such as
3the amount contained in a single vehicle, the amount delivered
4under a single invoice, or in the case of bagged fertilizer,
5not more than 25 tons.
6    (l) The term "official sample" means any sample of
7commercial fertilizer or custom mix taken by the Director or
8his agent and designated as "official" by the Director.
9    (m) The term "ton" means a net weight of 2000 pounds
11    (n) The term "per cent" or "percentage" means the
12percentage by weight.
13    (o) The term "person" means any individual, partnership,
14association, firm and corporation.
15    (p) The term "distribute" means to offer for sale, sell,
16barter, store, handle, transport or otherwise supply
17commercial fertilizers or custom mix. The term "distributor"
18means any person who distributes.
19    (q) Words importing the singular number may extend and be
20applied to several persons or things and words importing the
21plural number may include the singular.
22    (r) The term "registrant" means the person who registers
23commercial fertilizer or custom mix under the provisions of
24this Act.
25    (s) The term "Low-pressure nitrogen solution" means a low
26pressure solution containing 2 per cent or more by weight of



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1free ammonia and/or having vapor pressure of 5 pounds or more
2per square inch gauge at 104° F.
3    "Mixed fertilizer" means any combination or mixture of
4fertilizer materials designed for use or claimed to have value
5in promoting plant growth.
6    "Official sample" means any sample of fertilizer taken by
7the Director or his agent and designated as official by the
9    "Per cent" or "percentage" means the percentage by weight.
10    "Person" means any individual, partnership, association,
11firm and corporation.
12    "Registrant" means the person who registers fertilizer and
13obtains a license under the provisions of this Act.
14    "Specialty fertilizer" means a fertilizer distributed
15primarily for nonfarm use, such as home gardens, lawns,
16shrubbery, flowers, golf courses, municipal parks, cemeteries,
17green houses and nurseries, and may include fertilizer used for
18research or experimental purposes.
19    "Ton" means a net weight of 2,000 pounds avoirdupois.
20    "Unit" means 20 pounds or 1% of a ton of plant nutrient.
21    (t) The term "Department" means the Illinois Department of
23    (u) The term "Director" means the Director of the Illinois
24Department of Agriculture or a duly authorized representative.
25(Source: P.A. 83-586.)



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1    (505 ILCS 80/4)  (from Ch. 5, par. 55.4)
2    Sec. 4. License and product registration Registration.
3    (a) Each brand and grade of commercial fertilizer shall be
4registered in the name of that person whose name appears upon
5the label before being distributed in this State. The
6application for registration shall be submitted with a label or
7facsimile of same to the Director on form furnished by the
8Director, and shall be accompanied by a fee of $20 $10 per
9grade within a brand. Upon approval by the Director a copy of
10the registration shall be furnished to the applicant. All
11registrations expire on December 31 of each year.
12    The application shall include the following information:
13        (1) The net weight
14        (2) The brand and grade
15        (3) The guaranteed analysis
16        (4) The name and address of the registrant.
17    (a-5) No person whose name appears on the label shall
18distribute a fertilizer in the State unless the person has
19secured a license under this Act on forms provided by the
20Director. The license application shall be accompanied by a fee
21of $100. Persons who store anhydrous ammonia as a fertilizer,
22store bulk fertilizer, or custom blend fertilizer at more than
23one site under the same distributor's name shall identify each
24additional site with a complete address and remit a license fee
25of $50 for each additional site. Persons performing lawn care
26applications for hire are exempt from obtaining a license under



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1this Act.
2    (b) A distributor shall not be required to register any
3brand of commercial fertilizer or custom mix which is already
4registered under this Act by another person.
5    (c) The plant nutrient content of each and every commercial
6fertilizer must remain uniform for the period of registration
7and, in no case, shall the percentage of any guaranteed plant
8nutrient element be changed in such a manner that the
9crop-producing quality of the commercial fertilizer is
11    (d) (Blank) Each custom mixer shall register annually with
12the Director on forms furnished by the Director. The
13application for registration shall be accompanied by a fee of
14$50, unless the custom mixer elects to register each mixture,
15paying a fee of $10 per mixture. Upon approval by the Director,
16a copy of the registration shall be furnished to the applicant.
17All registrations expire on December 31 of each year.
18    (e) A custom blend mix as defined in Section 3 section
193(f), prepared for one consumer shall not be co-mingled with
20the custom blended mixed fertilizer prepared for another
22    (f) All fees collected pursuant to this Section shall be
23paid to the Fertilizer Control Fund for activities related to
24the administration and enforcement of this Act paid into the
25State treasury.
26(Source: P.A. 93-32, eff. 7-1-03.)



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



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1fertilizer, a written or printed statement shall accompany
2delivery of each load and be supplied to the purchaser at time
3of delivery and must carry information as follows:
4    1. Weight of each commercial fertilizer used in the custom
5blend mixing.
6    2. The guaranteed analysis of each commercial fertilizer
7used in the custom blend mixing.
8    3. Total weight of fertilizer delivered in each load.
9    4. Name and address of the person selling the fertilizer.
10    (d) A custom blend mixed fertilizer shall be intimately and
11uniformly mixed. The Director, in determining for
12administrative purposes whether a custom blend mix is
13intimately and uniformly mixed, shall compute the analysis of
14the load of custom blend mixed fertilizer from the information
15required by Items (1), (2), and (3) of paragraph (c) of this
17    (e) Each lot of fertilizer shall display identification in
18a manner that includes, but is not limited to, numerical,
19alphabetical, date of manufacture, or a combination that
20distinguishes it from that of other lots distributed.
21    (f) Fertilizer materials not defined by AAPFCO may be used
22if the registrant furnishes an acceptable definition, AOAC
23International or other appropriate method of analysis, heavy
24metal analysis, and agronomic data when deemed necessary.
25(Source: Laws 1963, p. 2240.)



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1    (505 ILCS 80/6)  (from Ch. 5, par. 55.6)
2    Sec. 6. Inspection fees.
3    (a) There shall be paid to the Director for all commercial
4fertilizers or custom mix distributed in this State an
5inspection fee at the rate of 15˘ 25˘ per ton. Sales to
6manufacturers or exchanges between registrants them are hereby
7exempted from the inspection fee.
8    On individual packages of commercial or custom mix or
9specialty fertilizers containing 5 pounds or less, or if in
10liquid form containers of 4,000 cubic centimeters or less,
11there shall be paid instead of the 15˘ 25˘ per ton inspection
12fee, an annual inspection fee of $50 $25 for each grade within
13a brand sold or distributed. Where a person sells commercial or
14custom mix or specialty fertilizers in packages of 5 pounds or
15less, or 4,000 cubic centimeters or less if in liquid form, and
16also sells in larger packages than 5 pounds or liquid
17containers larger than 4,000 cubic centimeters, this annual
18inspection fee of $50 $25 applies only to that portion sold in
19packages of 5 pounds or less or 4,000 cubic centimeters or
20less, and that portion sold in larger packages or containers
21shall be subject to the same inspection fee of 15˘ 25˘ per ton
22as provided in this Act. The increased fees shall be effective
23after June 30, 1989.
24    (b) Every person who distributes a commercial fertilizer or
25custom mix in this State shall file with the Director, on forms
26furnished by the Director, a semi-annual statement for the



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



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1(Source: P.A. 93-32, eff. 7-1-03.)
2    (505 ILCS 80/6a)  (from Ch. 5, par. 55.6a)
3    Sec. 6a. Nutrient Research and Education Council. The
4Director is hereby authorized to ensure that distributors remit
5a designated fertilizer tonnage assessment to the Nutrient
6Research and Education Council (NREC) for the purpose of
7pursuing nutrient research and providing educational programs
8to ensure the adoption and implementation of practices that
9optimize nutrient use efficiency, ensure soil fertility, and
10address environmental concerns with regard to fertilizer use.
11The NREC may also participate in relevant demonstration and
12cost-share programs to enhance adoption and meet objectives of
13nutrient efficiency and stewardship programs supported by the
15    The NREC shall be comprised of 9 persons, 3 representing
16the fertilizer industry, 3 persons representing grower
17organizations, to include at least one member of the State's
18largest farm organization, one person representing the
19specialty fertilizer industry, one person representing a
20certified agronomy organization, and the Director or his or her
21designee and 4 non-voting members: 2 persons representing
22environmental organizations, one person representing a State
23or federal agriculture experiment station and the Director of
24the Illinois Environmental Protection Agency or his or her
25designee. In the appointment of persons to the NREC, the



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



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1    The Council shall recommend, and the Director shall set,
2the fertilizer tonnage assessment for the purpose of funding
3the NREC at no less than 50 cents per ton and no greater than $3
4per ton to fund, administer, publish, and implement the
5research, education, and outreach programs designated each
6year by the Council. A minimum of 20% of the funds shall be
7designated for cost-share programs and on-farm demonstration
8programs to study and address water quality issues. The Council
9shall report to the Director by December 31 of each year the
10recommended amount of annual tonnage assessment to be collected
11the following year from distributors.
12    Assessments collected from distributors are payable
13directly to the NREC on a semi-annual basis. This payment shall
14coincide with the reporting of the tonnage data and the
15remittance of the inspection fee to the Department. If the NREC
16assessment is not made to the Council under this Section, then
17the Director may rescind the license of the distributor. The
18Council may enter into an agreement with the Director to
19establish random audits of distributors to assure accurate
20remittance of the NREC assessment. The NREC may also enter into
21contracts with other entities approved by the Council for the
22purposes of fulfilling the objectives of the NREC.
23    The NREC shall publish annually an activity and financial
24report of its activities, funds collected, and expenditures for
25nutrient programs shall be audited at least annually by a
26certified public accountant and made available within 30 days



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1after its completion to the Director and each Council member
2for dissemination to their respective organizations. The
3Department is hereby authorized to establish a program and
4expend appropriations for a fertilizer research and education
5program dealing with the relationship of fertilizer use to soil
6management, soil fertility, plant nutrition problems, and for
7research on environmental concerns which may be related to
8fertilizer usage; for the dissemination of the results of such
9research; and for other designated activities including
10educational programs to promote the correct and effective usage
11of fertilizer materials.
12    To assist in the development and administration of the
13fertilizer research and education program, the Director is
14authorized to establish a Fertilizer Research and Education
15Council consisting of 9 persons. This council shall be
16comprised of 3 persons representing the fertilizer industry, 3
17persons representing crop production, and 2 persons
18representing the public at large. In the appointment of persons
19to the council, the Director shall consult with representative
20persons and recognized organizations in the respective fields
21concerning such appointments. The Director or his
22representative from the Department shall act as chairman of the
23council. The Director shall call meetings thereof from time to
24time or when requested by 3 or more appointed members of the
26    The responsibilities of the Fertilizer Research and



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



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



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1sample as defined in paragraph (k) of Section 3, and obtained
2and analyzed as provided for in this Section paragraph (b) of
3Section 7.
4    (d) The results of official analysis of any commercial
5fertilizer or custom mix which has been found to be subject to
6penalty or other legal action shall be forwarded by the
7Director to the registrant at least 10 days before the report
8is submitted to the purchaser. If during that period no
9adequate evidence to the contrary is made available to the
10Director, the report shall become official. Upon request the
11Director shall furnish to the registrant a portion of any
12sample found subject to penalty or other legal action.
13(Source: P.A. 77-106.)
14    (505 ILCS 80/8)  (from Ch. 5, par. 55.8)
15    Sec. 8. Plant food deficiency.
16    If any commercial fertilizer or custom mix offered for sale
17in this State proves, upon official analysis, to be deficient
18from its guaranteed analysis, penalty shall be assessed against
19the manufacturer or custom blender mixer in accordance with the
20following provisions:
21    (1) When the value for a single ingredient fertilizer
22containing nitrogen, available phosphate, or soluble potash is
23found to be deficient from the guarantee to the extent of 3% to
245% of the total value For a single ingredient fertilizer
25containing nitrogen or phosphate or potash: when the value of



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



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1be prescribed by the Director.
2    (a) Nothing contained in this Section shall prevent any
3person from appealing to a court of competent jurisdiction for
4judgment as to the justification of such penalties.
5    (b) All penalties assessed under this Section shall be paid
6to the consumer of the lot of commercial fertilizer or custom
7mix purchased, and which is represented by the sample analyzed,
8within 3 months after the date of notice from the Director to
9the registrant. Receipts shall be taken therefor and promptly
10forwarded to the Director. If such consumers cannot be found,
11the amount of the penalty shall be paid to the Director who
12shall deposit the same in the General Revenue Fund in the State
14(Source: Laws 1963, p. 2240.)
15    (505 ILCS 80/9)  (from Ch. 5, par. 55.9)
16    Sec. 9. Commercial value. On the basis of information
17secured from persons holding registrant's permit to sell
18fertilizers in Illinois, the following values will be used for
19purposes of assessing penalties as provided by Section 8 of
20this Act:
21Nitrogen$6.00 $3.00 per unit (30˘ 15˘ per pound)
22Total P2O5 in Rock
23Phosphate1.44 .72 per unit (7.2˘ 3.6˘ per pound)
24Available P2O54.00 2.00 per unit (20˘ 10˘ per pound)
25Potash2.00 1.00 per unit (10˘ per pound).



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



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1    Sec. 11. Misbranding or adulteration. False or misleading
3    (a) It is unlawful for any person to distribute a
4fertilizer that is misbranded or adulterated within this State.
5A fertilizer shall be deemed misbranded if:
6        (1) its labeling is false or misleading in any
7    particular;
8        (2) it is distributed under the name of another
9    fertilizer product;
10        (3) it is not labeled as required by this Act or its
11    rules; or
12        (4) it purports to be or is represented as a
13    fertilizer, or is represented as containing a plant
14    nutrient or fertilizer, unless such plant nutrient or
15    fertilizer conforms to the definition of identity, if any,
16    prescribed by regulation of the Director; in adopting such
17    regulations the Director shall give due regard to commonly
18    accepted definitions and official fertilizer terms such as
19    those issued by the Association of American Plant Food
20    Control Officials.
21    (b) A fertilizer shall be deemed adulterated if:
22        (1) it contains any deleterious or harmful substance,
23    defined under the provisions of this Act or its rules or
24    regulations, in sufficient amount to render it injurious to
25    beneficial plant life, animals, humans, aquatic life,
26    soil, or water when applied in accordance with directions



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



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1fertilizer to the consumer or end user shall also provide to
2the NREC additional information relevant to general fertilizer
3use, practices or sales of products that enhance the
4stabilization, or efficiency of fertilizer.
5    Specialty fertilizer sold in packages weighing 5 pounds or
6less or in container of 4000 cubic centimeters or less, shall
7be reported but no inspection fee will be charged. No
8information furnished under this Section shall be disclosed by
9the Department in such a way as to divulge the operation of any
11    (b) Persons engaged in the sale of ammonium nitrate shall
12obtain the following information upon its distribution:
13        (1) the date of distribution;
14        (2) the quantity purchased;
15        (3) the license number of the purchaser's valid State
16    or federal driver's license, or an equivalent number taken
17    from another form of picture identification approved for
18    purchaser identification by the Director; and
19        (4) the purchaser's name, current physical address,
20    and telephone number.
21    Any retailer of ammonium nitrate may refuse to sell
22ammonium nitrate to any person attempting to purchase ammonium
23nitrate (i) out of season, (ii) in unusual quantities, or (iii)
24under suspect purchase patterns.
25    (c) Records created under subsection (b) of this Section
26shall be maintained for a minimum of 2 years. Such records



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1shall be available for inspection, copying, and audit by the
2Department as provided under this Act.
3(Source: P.A. 95-219, eff. 8-16-07.)
4    (505 ILCS 80/13)  (from Ch. 5, par. 55.13)
5    Sec. 13. Publications.
6    The Director shall publish at least semi-annually and in
7such forms as he may deem proper:
8    (a) Information concerning the distribution of commercial
9fertilizers and custom mixes by counties.
10    (b) Results of analysis based on official samples of
11commercial fertilizers and custom mixes distributed within the
12state as compared with the analysis guaranteed under Sections 4
13and 5.
14(Source: Laws 1961, p. 3085.)
15    (505 ILCS 80/14)  (from Ch. 5, par. 55.14)
16    Sec. 14. Rules and regulations.
17    (a) For the enforcement of this Act, the Director is
18authorized, after due notice and public hearing, to prescribe
19and to enforce such rules and regulations relating to the
20distribution of fertilizers, the equipment, containers, and
21storage pertaining to anhydrous ammonia, and low-pressure
22nitrogen solutions commercial fertilizer or custom mix as he
23may be find necessary to carry into effect the full intent and
24meaning of this Act.



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1    (b) The official definitions of fertilizers and official
2fertilizer terms as adopted and published by the Association of
3American Plant Food Control Officials and any amendments or
4supplements thereto are the official definitions of
5fertilizers and official fertilizer terms, except insofar as
6specifically defined in Section 3 or amended, modified, or
7rejected by a rule adopted by the Director.
8(Source: Laws 1961, p. 3085.)
9    (505 ILCS 80/15)  (from Ch. 5, par. 55.15)
10    Sec. 15. Short weight. If any commercial fertilizer or
11custom mix in the possession of the consumer is found by the
12Director to be short in weight, the registrant of such
13commercial fertilizer or custom mix shall, within 30 days after
14official notice from the Director, pay to the consumer a
15penalty equal to 4 times the value of the actual shortage.
16(Source: Laws 1961, p. 3085.)
17    (505 ILCS 80/16)  (from Ch. 5, par. 55.16)
18    Sec. 16. Cancellation, suspension, or refusal of
19registrations and licenses. Cancellation of registrations.
20    The Director may refuse to register a fertilizer or cancel
21or suspend a fertilizer registration, custom blend, or
22fertilizer license if:
23        (1) the composition of the fertilizer does not warrant
24    the claims made;



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1        (2) the fertilizer does not comply with the provisions
2    of this Act or its rules;
3        (3) the labeling or other materials required for
4    registration do not comply with the provisions of this Act
5    or its rules;
6        (4) the registrant used fraudulent or deceptive
7    practices to secure registration;
8        (5) it is determined that a fertilizer poses a risk of
9    unreasonable adverse effects to man or the environment
10    under the provisions of this Act or its rules; or
11        (6) the registrant does not comply with the provisions
12    of this Act or its rules.
13    The Director is authorized and empowered to cancel the
14registration of any brand of commercial fertilizer or custom
15mix or to refuse to register any brand of commercial fertilizer
16or custom mix as herein provided, upon satisfactory evidence
17that the registrant has used fraudulent or deceptive practices
18in the evasions or attempted evasions of the provisions of this
19Act or any rules and regulations promulgated thereunder;
20however, no registration shall be revoked or refused until the
21registrant has been given the opportunity to appear for a
22hearing by the Director.
23(Source: Laws 1961, p. 3085.)
24    (505 ILCS 80/17)  (from Ch. 5, par. 55.17)
25    Sec. 17. Stop sale; use or removal order.



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1    (a) Whenever the Director finds that a fertilizer is being
2distributed in violation of this Act or its rules, he or she
3may issue and serve a written order to stop sale, stop use, or
4regulate removal upon an owner, operator, manager, or agent in
5charge of the fertilizer.
6    (b) The Director shall provide the registrant, if different
7from the person served under subsection (a), with a copy of any
8order when corrective action appears to be the responsibility
9of the registrant.
10    (c) If an owner, operator, manager, or agent is not
11available for service of an order upon him or her, the Director
12shall attach the order to the fertilizer and notify the
14    (d) The Director shall remove or vacate an order by written
15notice when the violated provisions of this Act or its rules
16have been complied with, the conditions specified have been
17met, or the violation has been otherwise disposed of by either
18administrative or judicial action and all costs and expenses
19incurred in connection with the withdrawal have been paid.
20    (e) When the Director finds, under the provisions of this
21Act or its rules, that a fertilizer being distributed in this
22State is injurious to plants, animals, or man when used in
23accordance with label directions, he or she may issue an order
24to remove the fertilizer from the State and establish
25requirements to effect the expeditious removal of the
26fertilizer without adverse effects to man or the environment.



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1"Stop sale" orders.
2    The Director or his authorized agent may issue and enforce
3a written or printed "stop sale, use, or removal" order to the
4owner or custodian of any lot of commercial fertilizer or
5custom mix and to hold such lot at a designated place when the
6Director finds such commercial fertilizer or custom mix is
7being offered or exposed for sale in violation of any of the
8provisions of this Act until the law has been complied with and
9such commercial fertilizer or custom mix is released in writing
10by the Director or such violation has been otherwise legally
11disposed of by written authority.
12    The Director shall release the commercial fertilizer or
13custom mix so withdrawn when the requirements of the provisions
14of this Act have been complied with and all costs and expenses
15incurred in connection with the withdrawal have been paid.
16(Source: P.A. 77-106.)
17    (505 ILCS 80/18)  (from Ch. 5, par. 55.18)
18    Sec. 18. Seizure, condemnation and sale.
19    Any lot of commercial fertilizer or custom mix not in
20compliance with the provisions of this Act shall be subject to
21seizure on complaint of the Director or his authorized agent to
22the circuit court of the county in which such commercial
23fertilizer or custom mix is located. In the event the court
24finds such commercial fertilizer or custom mix to be in
25violation of this Act and orders the condemnation of such



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1commercial fertilizer or custom mix, it shall be disposed of in
2any manner consistent with the quality of the commercial
3fertilizer or custom mix and the laws of the State. However, in
4no instance shall the disposition of such commercial fertilizer
5or custom mix be ordered by the court without first giving the
6claimant an opportunity to apply to the court for release of
7such commercial fertilizer or custom mix or for permission to
8process or re-label the commercial fertilizer or custom mix to
9bring it into compliance with this Act.
10(Source: P.A. 77-106.)
11    (505 ILCS 80/18a)  (from Ch. 5, par. 55.18a)
12    Sec. 18a. Location and operation.
13    (a) Before installing commercial fertilizer facilities for
14the distribution or storage of anhydrous ammonia or
15low-pressure nitrogen solutions, the owner shall apply to the
16Department for approval of the location of the facilities.
17Distribution and storage facilities shall be in compliance with
18local zoning ordinances and the minimum distance requirements
19for safe storage of anhydrous ammonia or low-pressure nitrogen
20solutions as established by Department rule. Existing storage
21tanks installed prior to the effective date of this amendatory
22Act of 1983 shall be exempt from the requirements for location
23approval. Prior to any expansion or modification of such
24existing storage tanks, written approval shall be obtained from
25the Department and such tanks shall meet current requirements



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



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



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1the Director. If it appears after such hearing, either in the
2presence or absence of the person so notified, that any of the
3provisions of this Act or rules and regulations issued
4thereunder have been violated, the Director may certify the
5facts to the proper prosecuting attorney.
6    It shall be unlawful for any person to distribute, store,
7transport or use anhydrous ammonia or low-pressure nitrogen
8solutions in violation of this Act or the rules and regulations
9promulgated thereunder or to violate a stop use order issued by
10the Director.
11    (b) Any person convicted of violating any provisions of
12this Act or any of the rules or regulations issued thereunder,
13or who impedes, obstructs, hinders or otherwise prevents or
14attempts to prevent the Director, or his or her duly authorized
15agent, in the performance of his or her duty in connection with
16the provisions of this Act, shall be guilty of a business
17offense punishable by a fine not less than $1,000 plus all
18costs for each violation under Section 20 of this Act to exceed
19$1,000. In all prosecutions under this Act involving the
20composition of a commercial fertilizer or custom blend mix, a
21certified copy of the official analysis signed by the Director
22shall be accepted as prima facie evidence of the composition.
23    (c) Nothing in this Act shall be construed as requiring the
24Director or his or her representative to report for prosecution
25or for the institution of seizure proceedings as a result of
26minor violations of the Act if he or she believes that a



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1suitable notice of warning in writing will serve the public
2interests that the public interests will be served by a
3suitable notice of warning in writing.
4    (d) It shall be the duty of each State's attorney to whom
5any violation is reported to cause appropriate proceedings to
6be instituted and prosecuted in the circuit court without
8    (e) (Blank). The Director is authorized to apply for and
9the court is authorized to grant a temporary restraining order
10or a preliminary or permanent injunction restraining any person
11from violating or continuing to violate any of the provisions
12of this Act or any rule or regulation promulgated under the Act
13notwithstanding the existence of other remedies. The
14injunction shall be entered without bond.
15(Source: P.A. 83-1362.)
16    (505 ILCS 80/20)  (from Ch. 5, par. 55.20)
17    Sec. 20. Hearing; notice; injunction.
18    (a) The Department, over the signature of the Director, is
19authorized to issue subpoenas and bring before the Department
20any person or persons in this State to take testimony orally,
21by deposition, or by exhibit, in the same manner prescribed by
22law in judicial proceedings and civil cases in the circuit
23courts of this State. The Director is authorized to issue
24subpoenas duces tecum for records relating to a fertilizer
25distributor's or registrant's business.



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



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1        (3) A penalty of $200 shall be imposed for the
2    following violations:
3            (A) distribution of a fertilizer that does not have
4        an accompanying label attached or displayed;
5            (B) failure to comply with any provisions of this
6        Act or its rules; or
7            (C) distribution in this State of any fertilizer
8        containing noxious weed seed.
9    When a fertilizer-soil amendment combination labeled in
10accordance with 8 Ill. Adm. Code 211.40 Subpart (b) is subject
11to penalties, the larger penalty shall be assessed.
12    All penalties collected by the Department under this
13Section shall be deposited into the Fertilizer Control Fund.
14Any penalty not paid within 60 days after receiving the notice
15from the Department shall be submitted to the Attorney
16General's office for collection. Exchanges between
18    Nothing in this Act shall be construed to restrict or avoid
19sales or exchanges of commercial fertilizers to each other by
20importers, manufacturers or manipulators who mix fertilizer
21materials for sale or as preventing the free and unrestricted
22shipments of commercial fertilizer to manufacturers or
23manipulators who have registered their brands as required by
24the provisions of this Act.
25(Source: Laws 1961, p. 3085.)



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1    (505 ILCS 80/21)  (from Ch. 5, par. 55.21)
2    Sec. 21. Exchanges between manufacturers
3Constitutionality. Nothing in this Act shall be construed to
4restrict or avoid sales or exchanges of fertilizers to each
5other by importers, manufacturers, or blenders who mix
6fertilizer materials for sale or as preventing the free and
7unrestricted shipments of fertilizer to manufacturers or
8manipulators who have registered their brands as required by
9the provisions of this Act.
10    If any clause, sentence, paragraph or part of this Act
11shall for any reason be adjudged invalid by any court of
12competent jurisdiction, such judgment shall not affect, impair
13or invalidate the remainder thereof but shall be confined in
14its operation to the clause, sentence, paragraph or part
15thereof directly involved in the controversy in which such
16judgment shall have been rendered.
17(Source: Laws 1961, p. 3085.)
18    (505 ILCS 80/21.5 new)
19    Sec. 21.5. Constitutionality. If any clause, sentence,
20paragraph, or part of this Act shall for any reason be adjudged
21invalid by any court of competent jurisdiction, the judgment
22shall not affect, impair, or invalidate the remainder thereof
23but shall be confined in its operation to the clause, sentence,
24paragraph, or part thereof directly involved in the controversy
25in which the judgment shall have been rendered.



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1    (505 ILCS 80/6b rep.)
2    Section 10. The Illinois Fertilizer Act of 1961 is amended
3by repealing Section 6b.
4    Section 99. Effective date. This Act takes effect January
51, 2012.".