Bill Text: IL SB1761 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Soil Amendment Act. Provides that the Act may be cited as the Soil, Plant, and Additive Act. Changes references in the Act from soil amendment to additive or amendment. Defines "active ingredient", "additive", "amendment", "inert ingredient", and "plant amendment". Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1761 Detail]

Download: Illinois-2019-SB1761-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1761 Introduced 2/15/2019, by Sen. Scott M. Bennett SYNOPSIS AS INTRODUCED:
505 ILCS 120/Act title
505 ILCS 120/1 from Ch. 5, par. 2801-1
505 ILCS 120/10 from Ch. 5, par. 2801-10
505 ILCS 120/15 from Ch. 5, par. 2801-15
505 ILCS 120/20 from Ch. 5, par. 2801-20
505 ILCS 120/25 from Ch. 5, par. 2801-25
505 ILCS 120/30 from Ch. 5, par. 2801-30
505 ILCS 120/35 from Ch. 5, par. 2801-35
505 ILCS 120/40 from Ch. 5, par. 2801-40
505 ILCS 120/45 from Ch. 5, par. 2801-45
505 ILCS 120/50 from Ch. 5, par. 2801-50
Amends the Soil Amendment Act. Provides that the Act may be cited as the Soil, Plant, and Additive Act. Changes references in the Act from soil amendment to additive or amendment. Defines "active ingredient", "additive", "amendment", "inert ingredient", and "plant amendment". Makes other changes.
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A BILL FOR
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AN ACT concerning agriculture.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Soil Amendment Act is amended by changing
changing the title of the Act and Sections 1, 10, 15, 20, 25,
30, 35, 40, 45, and 50 as follows:
(505 ILCS 120/Act title)
An Act in relation to agriculture soil amendments.
(505 ILCS 120/1) (from Ch. 5, par. 2801-1)
Sec. 1. Short title. This Act may be cited as the Soil,
Plant, and Additive Amendment Act.
(Source: P.A. 87-394.)
(505 ILCS 120/10) (from Ch. 5, par. 2801-10)
Sec. 10. Definitions. As used in this Act:
"Active ingredient" means a substance in a product, whether
a bacterial agent, mineral element, or chemical compound that
performs the claim or purpose for which the product is intended
but is not a fertilizer material or any chemical registered
with FIFRA.
"Additive" means a substance or a mixture of substances
incorporated with or on a fertilizer or fertilizer material or

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parts thereof including anhydrous ammonia and low-pressure
nitrogen solutions as defined in Title 8, part 215 of the
Illinois Administrative Code for an enhanced efficiency
fertilizer or; (2) un-manipulated animal or vegetable manure,
or both, or organic by-products or organic products intended
for nutrient management; but is not a fertilizer material or
any chemical registered with FIFRA.
"Amendment" means either a soil amendment or plant
amendment.
"Brand" means a term, design, trademark, product name, or
other specific designation under which individual additives or
soil amendments are distributed.
"Bulk" means in a nonpackaged form.
"Department" means the Department of Agriculture.
"Director" means the Director of the Department of
Agriculture.
"Distribute" means offer or hold for sale, sell, barter,
give away, ship, deliver for shipment, receive and then
deliver, or offer to deliver an additive or a soil amendment in
this State.
"Distributor" means any person who distributes an additive
or a soil amendment in this State.
"FIFRA" means the Federal Insecticide, Fungicide, and
Rodenticide Act.
"Inert ingredient" means the non-active substance present
in an additive or amendments.

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"Investigational allowance" means an allowance for
variations in analytical determination inherent in the taking,
preparation, and analysis of an official sample of an addictive
or a soil amendment.
"Label" means all written, printed, or graphic material on
or attached to the immediate container or wrapping or the
statement accompanying an additive or a soil amendment.
"Labeling" means the label and all other written, printed,
or graphic material accompanying an additive or a soil
amendment or referring to it in any other media including web
sites and e-mails used to disseminate information to the public
in promoting the sale of an additive or a soil amendment.
"Minimum percentage" means the percent of active
ingredient or the soil amending ingredient that must be present
in a product before the product will be accepted for
registration or offered for sale.
"Official sample" means any sample of an additive or a soil
amendment taken by the Director or his or her agent or designee
and designated as "official" by the Director.
"Other ingredient" means the non-soil amending substance
present in soil amendment products.
"Percent" or "percentage" means a part of the whole by
weight.
"Person" means an individual, partnership, association,
fiduciary, corporation, or other organized group of persons
whether incorporated or not.

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"Plant amendment" means any substance applied to plants or
seeds that is intended to improve germination, growth, yield,
product quality, reproduction, flavor, or other desirable
characteristics of plants other than fertilizer, an additive,
soil amendment, liming materials, animal and vegetable
manures, or other materials which may be exempted by
regulation, including, but not limited to, plant growth
regulators or stimulants, silicates, or vitamins. A chemical
registered as a pesticide under FIFRA is not a plant amendment
for purposes of this Act.
"Registrant" means the person who registers additives or
soil amendments under the provisions of this Act.
"Soil amendment" means any substance or material about
which it is claimed that it will and is intended to improve the
physical, chemical, biochemical, biological, or other
characteristics of the soil or otherwise affect soil and
therefore is claimed to enhance crop production capacity or
increase crop yield. The term does not include fertilizer
material, additive, plant amendment, agricultural limestone,
marl, burnt or hydrated lime, sewage sludge produced by a
sanitary district, or animal or vegetable manure that has not
been processed or manipulated to chemically alter it. The term
includes, but is not limited to, several soil and plant
additive materials defined and referred to as soil
conditioners, ; or wetting agents and surfactants, ; or
biological inoculants and activators; or plant growth

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regulators and stimulants. Any chemical registered with as a
pesticide under FIFRA is not a soil amendment for purposes of
this Act.
"Soil amending ingredient" means the substance in a soil
amendment product, whether a bacterial agent, mineral element,
or chemical compound, that acts to improve soil or enhance crop
production but is not a fertilizing material.
(Source: P.A. 87-394.)
(505 ILCS 120/15) (from Ch. 5, par. 2801-15)
Sec. 15. Registration.
(a) Each On and after July 1, 1992, each separately
identified additive or soil amendment shall be registered with
the Director before being distributed in this State.
Application for registration shall be submitted on forms
furnished or approved by the Department and shall be
accompanied by a fee of $250 per product. A registration shall
expire on December 31 of the year it is issued.
(b) The registrant shall submit to the Director at the time
of application for registration a copy of the label and any
advertising literature for the additive or soil amendment. Upon
approval by the Director, the registrant shall be furnished a
certified copy of the registration.
Before registering any additive or soil amendment, the
Director shall require evidence to substantiate the claims made
for the additive or soil amendment and proof of the value and

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usefulness of the additive or soil amendment ingredient.
(c) The Director may, by rule, set the minimum amount of an
additive or a soil amendment ingredient and soil amendment
ingredients that must be present before an additive or a soil
amendment product can be registered and distributed in this
State.
(d) A distributor shall not be required to register an
additive or a soil amendment product that is already registered
under this Act if the label does not differ in any respect.
(e) If an application for renewal of registration for a an
additive or soil amendment is not received within 30 days after
the registration expiration date and the soil amendment product
is found to be distributed in the State, a penalty of a $100
per product shall be assessed and added to the original fee and
shall be paid before registration will be granted.
(Source: P.A. 87-394.)
(505 ILCS 120/20) (from Ch. 5, par. 2801-20)
Sec. 20. Labeling.
(a) Except for materials exempted by rule, On and after
July 1, 1992, the following information shall appear on the
face or display side in a readable and conspicuous form on
every additive or soil amendment product container or shall
accompany each bulk order of an additive or a soil amendment
product distributed in this State and shall be considered the
label:

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(1) Net weight.
(2) Brand (or product) name.
(3) Guaranteed analysis, which shall include the name
of all active soil amending and inert other ingredients and
the percentage of the whole product each ingredient
constitutes.
(4) Purpose of the product.
(5) Directions for use.
(6) Name and address of registrant or person
distributing the product in this State.
(b) The Director may require proof of claims made or
usefulness or value of any additive or soil amendment product.
The Director may rely on experimental data, evaluations, or
advice from sources such as the Agricultural Experiment Station
and other professionally trained scientists for the required
proof.
(c) No additive or soil amending ingredient may be listed
or guaranteed on the label without the permission of the
Director. The Director shall allow ingredients to be listed if
satisfactory proof of value and usefulness is provided that
substantiates the usefulness and value of the ingredient and
supports the claims made. When an additive or a soil amending
ingredient is allowed to be listed or guaranteed, it must be
determinable by laboratory methods unless otherwise exempted
by the Director and is subject to inspection and official
sample analysis.

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(d) The Director shall require the listing on the label of
all substances included as other ingredients in each additive
or soil amendment product.
(e) The Director may allow labeling by volume rather than
by weight.
(f) If the Director finds that a registered additive or
soil amendment product contains plant nutrient ingredients,
regardless of amount, the Director he or she may require the
label to so state.
(Source: P.A. 87-394.)
(505 ILCS 120/25) (from Ch. 5, par. 2801-25)
Sec. 25. Cancellation, suspension, or refusal of
registration.
(a) The Director may refuse to register an additive or a
soil amendment or cancel or suspend an additive or a soil
amendment registration if:
(1) the composition of the additive or soil amendment
does not warrant the claims made;
(2) the additive or soil amendment does not comply with
the provisions of this Act or its rules;
(3) the labeling or other materials required for
registration do not comply with the provisions of this Act
or its rules;
(4) the registrant used fraudulent or deceptive
practices to secure registration; or

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(5) it is determined that an additive or a soil
amendment poses a risk of unreasonable adverse effects to
man or the environment.
(Source: P.A. 87-394.)
(505 ILCS 120/30) (from Ch. 5, par. 2801-30)
Sec. 30. Inspection, sampling analysis.
(a) The Director shall inspect, sample, and make analyses
or test additives or soil amendments distributed within this
State at any time and place, and to the extent deemed
necessary, to determine that additive or soil amendment
products comply with the requirements of this Act or its rules.
(b) The Director may enter upon public or private premises
during regular business hours in order to have access to
additives or soil amendments subject to this Act as well as
records relating to their distribution.
(c) The methods of analysis and sampling shall be those
adopted by the Director from sources such as the Association of
Official Analytical Chemists (AOAC) or other comparable
sources deemed appropriate by and acceptable to the Director.
(d) The Director may, by rule, establish inspection
procedures and fees not to exceed 0.10 cents per pound for
additives, soil amendment products, or both, distributed in
this State.
(Source: P.A. 87-394.)

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(505 ILCS 120/35) (from Ch. 5, par. 2801-35)
Sec. 35. Misbranding or adulteration.
(a) An additive or A soil amendment is misbranded if:
(1) its labeling is misleading or false in any
particular;
(2) it is an imitation of or is distributed under the
name of another additive or soil amendment;
(3) it is not labeled as required by this Act or its
rules;
(4) it claims to be or is represented to be an additive
or amendment or contain an ingredient a soil amendment
unless the additive or soil amendment or ingredient
conforms to definitions of identity as prescribed by rule;
or
(5) it does not conform to ingredient form, minimum
label guarantee, and investigational allowance in rules
adopted by the Department.
(b) An additive or A soil amendment that contains any
deleterious or harmful agent in amounts sufficient to render it
injurious to man, animals, aquatic life, or beneficial plants
when used in accordance with label directions shall be deemed
adulterated.
(c) An additive or A soil amendment containing weed seed or
unwanted crop seed shall be deemed adulterated.
(d) An additive or A soil amendment that has a composition
different from that claimed on its label shall be deemed

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adulterated.
(Source: P.A. 87-394.)
(505 ILCS 120/40) (from Ch. 5, par. 2801-40)
Sec. 40. Stop sale; use or removal order.
(a) Whenever the Director has reason to believe an additive
or a soil amendment is being distributed in violation of this
Act or its rules, he or she may issue and serve a written order
to stop sale, stop use, or regulate removal upon an owner,
operator, manager, or agent in charge of the additive or soil
amendment.
(b) The Director shall provide the registrant, if different
from the person served under subsection (a), with a copy of any
order when corrective action appears to be the responsibility
of the registrant.
(c) If an owner, operator, manager, or agent is not
available for service of an order upon him or her, the Director
shall attach the order to the additive or soil amendment
product and notify the registrant.
(d) The Director shall remove or vacate an order by written
notice when the violated provisions of this Act or its rules
have been complied with, the conditions specified have been
met, or the violation has been otherwise disposed of by either
administrative or judicial action.
(e) When the Director has reason to believe that an
additive or a soil amendment being distributed in this State

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may be injurious to plants, animals, or man when used in
accordance with label directions, he or she may issue an order
to remove the additive or soil amendment from the State and
establish requirements to effect the expeditious removal of the
additive or soil amendment without adverse effects to man or
the environment.
(Source: P.A. 87-394.)
(505 ILCS 120/45) (from Ch. 5, par. 2801-45)
Sec. 45. Rules.
(a) The Director shall, after due notice and opportunity
for public hearing according to the Illinois Administrative
Procedure Act, adopt any rules necessary to administer,
implement, and enforce this Act, including but not limited to,
regulations for: (i) exempt material; (ii) inspection; (iii)
labeling; (iv) sampling; (v) records; (vi) analytical methods;
(vii) form, minimum percentages, and investigational allowance
and penalties of either an additive or a soil amendment
ingredient or additive or soil amendment; (viii) misbranding;
(ix) adulteration; and (x) monetary penalties not otherwise set
forth in this Act.
(Source: P.A. 87-394.)
(505 ILCS 120/50) (from Ch. 5, par. 2801-50)
Sec. 50. Hearing; notice; injunction.
(a) The Department, over the signature of the Director, is

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authorized to issue subpoenas and bring before the Department
any person or persons in this State to take testimony orally,
by deposition, or by exhibit, in the same manner prescribed by
law in judicial proceedings and civil cases in the circuit
courts of this State. The Director is authorized to issue
subpoenas duces tecum for records relating to an additive or a
soil amendment distributor's or registrant's business.
(b) The Department, over the signature of the Director, may
apply to any court for a temporary restraining order or a
preliminary or permanent injunction restraining any person
from violating or continuing to violate any provision of this
Act or its rules. An injunction issued under this Section shall
be issued without bond.
(c) When an administrative hearing is held, the hearing
officer, upon determination of a violation of this Act, shall
levy and the Department shall collect administrative penalties
on a per-occurrence basis as follows:
(1) A penalty of $500 shall be imposed for the
following violations:
(a) Neglect or refusal, after notice in writing, to
comply with provisions of this Act or its rules or any
lawful order of the Director.
(b) Sale, transport, disposal, or distribution of
an additive or a soil amendment that has been placed
under a stop-sale order.
(2) A penalty of $250 shall be imposed for the

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following violations:
(a) Thwarting or hindering the Director in the
performance of his or her duties by misrepresenting or
concealing facts or conditions.
(b) Distribution of an additive or a soil amendment
that is mislabeled or adulterated.
(3) A penalty of $100 shall be imposed for the
following violations:
(a) Distribution of an additive or a soil amendment
that does not have an accompanying label attached or
displayed.
(b) Failure to comply with any provision of this
Act or its rules.
(c) Distribution in this State of any additive or
soil amendment containing noxious weed seed.
(Source: P.A. 87-394.)