Bill Text: IL HB5172 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Fertilizer Act of 1961. Requires the Department of Agriculture to develop and implement a grower training program for the safe handling of anhydrous ammonia. Provides that a grower must complete the training program before using anhydrous ammonia. Provides that upon completion of the training program, a grower shall be designated a certified competent attendant and provided with documentation attesting to his or her completion of the training program. Allows growers to complete equivalent training programs that have been approved by the Department. Requires anhydrous ammonia training every 3 years. Provides for the adoption of rules. Defines terms. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5172 Detail]

Download: Illinois-2019-HB5172-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5172 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED:
505 ILCS 80/3 from Ch. 5, par. 55.3
505 ILCS 80/14.5 new
Amends the Illinois Fertilizer Act of 1961. Requires the Department of Agriculture to develop and implement a grower training program for the safe handling of anhydrous ammonia. Provides that a grower must complete the training program before using anhydrous ammonia. Provides that upon completion of the training program, a grower shall be designated a certified competent attendant and provided with documentation attesting to his or her completion of the training program. Allows growers to complete equivalent training programs that have been approved by the Department. Requires anhydrous ammonia training every 3 years. Provides for the adoption of rules. Defines terms. Effective immediately.
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A BILL FOR
HB5172 LRB101 18487 CMG 67938 b
AN ACT concerning agriculture.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Fertilizer Act of 1961 is amended
by changing Section 3 and by adding Section 14.5 as follows:
(505 ILCS 80/3) (from Ch. 5, par. 55.3)
Sec. 3. Definitions of words and terms. When used in this
Act unless the context otherwise requires:
"AAPFCO" means the Association of American Plant Food
Control Officials.
"Adulterated" shall apply to any fertilizer:
(i) that contains any deleterious or harmful
substance, defined under the provisions of this Act or its
rules or regulations, in sufficient amount to render it
injurious to beneficial plant life, animals, humans,
aquatic life, soil, or water when applied in accordance
with directions for use on the label;
(ii) when its composition falls below or differs from
that which it is purported to possess by its labeling;
(iii) that contains unwanted crop seed or weed seed.
"Anhydrous ammonia" means the compound formed by the
combination of 2 gaseous elements, nitrogen and hydrogen, in
the proportion of one part of nitrogen to 3 parts of hydrogen

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(NH3) by volume. Anhydrous ammonia is a fertilizer of ammonia
gas in compressed and liquified form. It is not aqueous ammonia
which is a solution of ammonia gas in water and which is
considered a low-pressure nitrogen solution.
"Blender" means any entity or system engaged in the
business of blending fertilizer. This includes both mobile and
fixed equipment, excluding application equipment, used to
achieve this function.
"Blending" means the physical mixing or combining of: one
or more fertilizer materials and one or more filler materials;
2 or more fertilizer materials; 2 or more fertilizer materials
and filler materials, including mixing through the
simultaneous or sequential application of any of the outlined
combinations listed in this definition, to produce a uniform
mixture.
"Brand" means a term, design, or trademark used in
connection with one or several grades of fertilizers.
"Bulk" means any fertilizer distributed in a single
container greater than 100 pounds.
"Certified competent attendant" means a person who has full
knowledge of the characteristics of anhydrous ammonia, its safe
handling, and safety rules for transfer and application, based
upon successful completion of the anhydrous ammonia training
program created under Section 14.5 or an equivalent training
program approved by the Department.
"Consumer or end user" means the final purchaser prior to

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application.
"Custom blend" means a fertilizer blended according to
specifications provided to a blender in a soil test nutrient
recommendation or to meet the specific consumer request prior
to blending.
"Custom blender" means any entity who produces and sells
custom blended fertilizers.
"Deficiency" means the amount of nutrient found by analysis
less than that guaranteed that may result from a lack of
nutrient ingredients or from lack of uniformity.
"Department" means the Illinois Department of Agriculture.
"Department rules or regulations" means any rule or
regulation implemented by the Department as authorized under
Section 14 of this Act.
"Director" means the Director of Agriculture or a duly
authorized representative.
"Distribute" means to import, consign, manufacture,
produce, store, transport, custom blend, compound, or blend
fertilizer or to transfer from one container to another for the
purpose of selling, giving away, bartering, or otherwise
supplying fertilizer in this State.
"Distributor" means any entity that distributes
fertilizer.
"Entity" means any individual, partnership, association,
firm, or corporation.
"Fertilizer" means any substance containing one or more of

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the recognized plant nutrient nitrogen, phosphate, potash, or
those defined under 8 Ill. Adm. Code 210.20 that is used for
its plant nutrient content and that is designed for use or
claimed to have value in promoting plant growth, except
unmanipulated animal and vegetable manures, sea solids, marl,
lime, limestone, wood ashes, and other products exempted by
regulation by the Director.
"Fertilizer material" means a fertilizer that either:
(A) contains important quantities of no more than one
of the primary plant nutrients: nitrogen (N), phosphate
(P2O5), and potash (K2O);
(B) has 85% or more of its plant nutrient content
present in the form of a single chemical compound; or
(C) is derived from a plant or animal residue or
by-product or natural material deposit that has been
processed in such a way that its content of plant nutrients
has not been materially changed except by purification and
concentration.
"Grade" means the minimum percentage of total nitrogen,
available phosphate (P2O5), and soluble potash (K2O) stated in
the whole numbers in the same terms, order, and percentages as
in the guaranteed analysis, provided that specialty
fertilizers may be guaranteed in fractional units of less than
1% of total nitrogen, available phosphate, and soluble potash
and that fertilizer materials, bone meal, manures, and similar
materials may be guaranteed in fractional units.

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"Grower" means any individual who produces an agricultural
commodity on property the he or she owns or controls.
"Guaranteed analysis" means the minimum percentages of
plant nutrients claimed in the following order and form:
A. Total Nitrogen (N)...............................%
Available Phosphate (P2O5).......................%
Soluble Potash (K2O).............................%
B. For unacidulated mineral phosphatic materials and
basic slag, both total and available phosphate and the
degree of fineness. For bone, tankage, and other organic
phosphatic materials, total phosphate.
C. Guarantees for plant nutrients other than nitrogen,
phosphate, and potash may be permitted or required by
regulation by the Director. The guarantees for such other
nutrients shall be expressed in the form of the element.
"Investigational allowance" means an allowance for
variations inherent in the taking, preparation, and analysis of
an official sample of fertilizer.
"Label" means the display of all written, printed, or
graphic matter upon the immediate container or a statement
accompanying a fertilizer.
"Labeling" means all (i) written, printed, or graphic
matter upon or accompanying any fertilizer or (ii)
advertisements, Internet, brochures, posters, and television
and radio announcements used in promoting the sale of
fertilizer.

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"Lot" means an identifiable quantity of fertilizer that can
be sampled according to AOAC International procedures, such as
the amount contained in a single vehicle, the amount delivered
under a single invoice, or in the case of bagged fertilizer,
not more than 25 tons.
"Low-pressure nitrogen solution" means a solution
containing 2 per cent or more by weight of free ammonia and/or
having vapor pressure of 5 pounds or more per square inch gauge
at 104 degrees Fahrenheit.
"Misbranded" shall apply to any fertilizer:
(i) with labeling that is false or misleading in any
particular;
(ii) that is distributed under the name of another
fertilizer product;
(iii) that is not labeled as required by this Act or
its rules; or
(iv) that purports to be or is represented as a
fertilizer, or is represented as containing a plant
nutrient or fertilizer unless such plant nutrient or
fertilizer conforms to the definition of identity, if any,
prescribed by regulation.
"Mixed fertilizer" means any combination or mixture of
fertilizer materials designed for use or claimed to have value
in promoting plant growth.
"NREC" means the Nutrient Research and Education Council.
"Official sample" means any sample of fertilizer taken by

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the Director or his or her agent and designated as official by
the Director.
"Per cent" or "percentage" means the percentage by weight.
"Registrant" means the entity that registers fertilizer
and obtains a license under the provisions of this Act.
"Specialty fertilizer" means a fertilizer distributed
primarily for nonfarm use, such as home gardens, lawns,
shrubbery, flowers, golf courses, municipal parks, cemeteries,
green houses and nurseries, and may include fertilizer used for
research or experimental purposes.
"Ton" means a net weight of 2,000 pounds avoirdupois.
"Unit" means 20 pounds or 1% of a ton of plant nutrient.
(Source: P.A. 97-960, eff. 8-15-12; 98-756, eff. 7-16-14.)
(505 ILCS 80/14.5 new)
Sec. 14.5. Anhydrous ammonia training program. The
Department shall develop and implement a grower training
program for the safe handling of anhydrous ammonia. A grower
must complete the training program developed under this Section
before using anhydrous ammonia. Upon completion of the training
program, a grower shall be designated a certified competent
attendant and provided with documentation attesting to his or
her completion of the training program for the purposes of
using and handling anhydrous ammonia. A grower designated as a
certified competent attendant under this Section shall be
required to undergo anhydrous ammonia training at least every 3

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years. A grower may be designated as a certified competent
attendant if he or she completes a program equivalent to the
program developed under this Section that has been approved by
the Department. The Department shall adopt rules necessary for
the implementation and administration of the training program
developed under this Section.
Section 99. Effective date. This Act takes effect upon
becoming law.