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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:
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| 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 |
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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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| 1 | | AN ACT concerning agriculture.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Soil Amendment Act is amended by changing |
| 5 | | changing the title of the Act and Sections 1, 10, 15, 20, 25, |
| 6 | | 30, 35, 40, 45, and 50 as follows:
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| 7 | | (505 ILCS 120/Act title)
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| 8 | | An Act in relation to agriculture soil amendments.
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| 9 | | (505 ILCS 120/1) (from Ch. 5, par. 2801-1)
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| 10 | | Sec. 1. Short title. This Act may be cited as the Soil, |
| 11 | | Plant, and Additive Amendment Act.
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| 12 | | (Source: P.A. 87-394.)
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| 13 | | (505 ILCS 120/10) (from Ch. 5, par. 2801-10)
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| 14 | | Sec. 10. Definitions. As used in this Act:
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| 15 | | "Active ingredient" means a substance in a product, whether |
| 16 | | a bacterial agent, mineral element, or chemical compound that |
| 17 | | performs the claim or purpose for which the product is intended |
| 18 | | but is not a fertilizer material or any chemical registered |
| 19 | | with FIFRA. |
| 20 | | "Additive" means a substance or a mixture of substances |
| 21 | | incorporated with or on a fertilizer or fertilizer material or |
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| 1 | | parts thereof including anhydrous ammonia and low-pressure |
| 2 | | nitrogen solutions as defined in Title 8, part 215 of the |
| 3 | | Illinois Administrative Code for an enhanced efficiency |
| 4 | | fertilizer or; (2) un-manipulated animal or vegetable manure, |
| 5 | | or both, or organic by-products or organic products intended |
| 6 | | for nutrient management; but is not a fertilizer material or |
| 7 | | any chemical registered with FIFRA. |
| 8 | | "Amendment" means either a soil amendment or plant |
| 9 | | amendment. |
| 10 | | "Brand" means a term, design, trademark, product name, or |
| 11 | | other specific
designation under which individual additives or |
| 12 | | soil amendments are distributed.
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| 13 | | "Bulk" means in a nonpackaged form.
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| 14 | | "Department" means the Department of Agriculture.
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| 15 | | "Director" means the Director of the Department of |
| 16 | | Agriculture.
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| 17 | | "Distribute" means offer or hold for sale, sell, barter, |
| 18 | | give away, ship,
deliver for shipment, receive and then |
| 19 | | deliver, or offer to deliver an additive or a soil
amendment in |
| 20 | | this State.
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| 21 | | "Distributor" means any person who distributes an additive |
| 22 | | or a soil amendment in this
State.
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| 23 | | "FIFRA" means the Federal Insecticide, Fungicide, and |
| 24 | | Rodenticide Act.
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| 25 | | "Inert ingredient" means the non-active substance present |
| 26 | | in an additive or amendments. |
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| 1 | | "Investigational allowance" means an allowance for |
| 2 | | variations in
analytical determination inherent in the taking, |
| 3 | | preparation, and analysis
of an official sample of an addictive |
| 4 | | or a soil amendment.
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| 5 | | "Label" means all written, printed, or graphic material on |
| 6 | | or attached to
the immediate container or wrapping or the |
| 7 | | statement accompanying an additive or a soil
amendment.
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| 8 | | "Labeling" means the label and all other written, printed, |
| 9 | | or graphic
material accompanying an additive or a soil |
| 10 | | amendment or referring to it in any other
media including web |
| 11 | | sites and e-mails used to disseminate information to the public |
| 12 | | in promoting the sale
of an additive or a soil amendment.
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| 13 | | "Minimum percentage" means the percent of active |
| 14 | | ingredient or the soil amending ingredient that
must be present |
| 15 | | in a product before the product will be accepted for
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| 16 | | registration or offered for sale.
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| 17 | | "Official sample" means any sample of an additive or a soil |
| 18 | | amendment taken by the
Director or his or her agent or designee |
| 19 | | and designated as "official" by
the Director.
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| 20 | | "Other ingredient" means the non-soil amending substance |
| 21 | | present in soil
amendment products.
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| 22 | | "Percent" or "percentage" means a part of the whole by |
| 23 | | weight.
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| 24 | | "Person" means an individual, partnership, association, |
| 25 | | fiduciary,
corporation, or other organized group of persons |
| 26 | | whether incorporated or not.
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| 1 | | "Plant amendment" means any substance applied to plants or |
| 2 | | seeds that is intended to improve germination, growth, yield, |
| 3 | | product quality, reproduction, flavor, or other desirable |
| 4 | | characteristics of plants other than fertilizer, an additive, |
| 5 | | soil amendment, liming materials, animal and vegetable |
| 6 | | manures, or other materials which may be exempted by |
| 7 | | regulation, including, but not limited to, plant growth |
| 8 | | regulators or stimulants, silicates, or vitamins. A chemical |
| 9 | | registered as a pesticide under FIFRA is not a plant amendment |
| 10 | | for purposes of this Act. |
| 11 | | "Registrant" means the person who registers additives or |
| 12 | | soil amendments under the
provisions of this Act.
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| 13 | | "Soil amendment" means any substance or material about |
| 14 | | which it is
claimed that it will and is intended to improve the |
| 15 | | physical, chemical, biochemical, biological, or other |
| 16 | | characteristics of the
soil or otherwise affect soil and |
| 17 | | therefore is claimed to enhance crop
production capacity or |
| 18 | | increase crop yield. The term does not include
fertilizer |
| 19 | | material, additive, plant amendment, agricultural limestone, |
| 20 | | marl, burnt or hydrated lime,
sewage sludge produced by a |
| 21 | | sanitary district, or animal or vegetable
manure that has not |
| 22 | | been processed or manipulated to chemically alter it.
The term |
| 23 | | includes, but is not limited to, several soil and plant |
| 24 | | additive materials defined and
referred to as soil |
| 25 | | conditioners, ; or wetting agents and surfactants, ; or
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| 26 | | biological inoculants and activators; or plant growth |
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| 1 | | regulators and
stimulants. Any chemical registered with as a |
| 2 | | pesticide under FIFRA is not a
soil amendment for purposes of |
| 3 | | this Act.
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| 4 | | "Soil amending ingredient" means the substance in a soil |
| 5 | | amendment product,
whether a bacterial agent, mineral element, |
| 6 | | or chemical compound, that acts to
improve soil or enhance crop |
| 7 | | production but is not a fertilizing material.
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| 8 | | (Source: P.A. 87-394.)
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| 9 | | (505 ILCS 120/15) (from Ch. 5, par. 2801-15)
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| 10 | | Sec. 15. Registration.
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| 11 | | (a) Each On and after July 1, 1992, each separately |
| 12 | | identified additive or soil amendment
shall be registered with |
| 13 | | the Director before being distributed in this
State. |
| 14 | | Application for registration shall be submitted on forms |
| 15 | | furnished
or approved by the Department and shall be |
| 16 | | accompanied by a fee of $250 per
product. A registration shall |
| 17 | | expire on December 31 of the year it is issued.
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| 18 | | (b) The registrant shall submit to the Director at the time |
| 19 | | of
application for registration a copy of the label and any |
| 20 | | advertising
literature for the additive or soil amendment. Upon |
| 21 | | approval by the Director, the
registrant shall be furnished a |
| 22 | | certified copy of the registration.
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| 23 | | Before registering any additive or soil amendment, the |
| 24 | | Director shall require
evidence to substantiate the claims made |
| 25 | | for the additive or soil amendment and proof
of the value and |
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| 1 | | usefulness of the additive or soil amendment ingredient.
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| 2 | | (c) The Director may, by rule, set the minimum amount of an |
| 3 | | additive or a soil
amendment ingredient and soil amendment |
| 4 | | ingredients that must be present
before an additive or a soil |
| 5 | | amendment product can be registered and distributed in this
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| 6 | | State.
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| 7 | | (d) A distributor shall not be required to register an |
| 8 | | additive or a soil amendment
product that is already registered |
| 9 | | under this Act if the label does not
differ in any respect.
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| 10 | | (e) If an application for renewal of registration for a an |
| 11 | | additive or soil amendment
is not received within 30 days after |
| 12 | | the registration expiration date and
the soil amendment product |
| 13 | | is found to be distributed in the State, a
penalty of a $100 |
| 14 | | per product shall be assessed and added to the original
fee and |
| 15 | | shall be paid before registration will be granted.
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| 16 | | (Source: P.A. 87-394.)
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| 17 | | (505 ILCS 120/20) (from Ch. 5, par. 2801-20)
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| 18 | | Sec. 20. Labeling.
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| 19 | | (a) Except for materials exempted by rule, On and after |
| 20 | | July 1, 1992, the following information shall appear on
the |
| 21 | | face or display side in a readable and conspicuous form on |
| 22 | | every additive or soil
amendment product container or shall |
| 23 | | accompany each bulk order of an additive or a soil
amendment |
| 24 | | product distributed in this State and shall be considered the |
| 25 | | label:
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| 1 | | (1) Net weight.
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| 2 | | (2) Brand (or product) name.
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| 3 | | (3) Guaranteed analysis, which shall include the name |
| 4 | | of all active soil
amending and inert other ingredients and |
| 5 | | the percentage of the whole product each
ingredient |
| 6 | | constitutes.
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| 7 | | (4) Purpose of the product.
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| 8 | | (5) Directions for use.
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| 9 | | (6) Name and address of registrant or person |
| 10 | | distributing the product
in this State.
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| 11 | | (b) The Director may require proof of claims made or |
| 12 | | usefulness or value
of any additive or soil amendment product. |
| 13 | | The Director may rely on experimental data,
evaluations, or |
| 14 | | advice from sources such as the Agricultural Experiment
Station |
| 15 | | and other professionally trained scientists for the required |
| 16 | | proof.
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| 17 | | (c) No additive or soil amending ingredient may be listed |
| 18 | | or guaranteed on the label
without the permission of the |
| 19 | | Director. The Director shall allow
ingredients to be listed if |
| 20 | | satisfactory proof of value and usefulness is
provided that |
| 21 | | substantiates the usefulness and value of the ingredient and
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| 22 | | supports the claims made. When an additive or a soil amending |
| 23 | | ingredient is allowed to be
listed or guaranteed, it must be |
| 24 | | determinable by laboratory methods unless otherwise exempted |
| 25 | | by the Director and is
subject to inspection and official |
| 26 | | sample analysis.
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| 1 | | (d) The Director shall require the listing on the label of |
| 2 | | all
substances included as other ingredients in each additive |
| 3 | | or soil amendment product.
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| 4 | | (e) The Director may allow labeling by volume rather than |
| 5 | | by weight.
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| 6 | | (f) If the Director finds that a registered additive or |
| 7 | | soil amendment product
contains plant nutrient ingredients, |
| 8 | | regardless of amount, the Director he or she may
require the |
| 9 | | label to so state.
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| 10 | | (Source: P.A. 87-394.)
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| 11 | | (505 ILCS 120/25) (from Ch. 5, par. 2801-25)
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| 12 | | Sec. 25. Cancellation, suspension, or refusal of |
| 13 | | registration.
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| 14 | | (a) The Director may refuse to register an additive or a |
| 15 | | soil amendment or cancel or
suspend an additive or a soil |
| 16 | | amendment registration if:
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| 17 | | (1) the composition of the additive or soil amendment |
| 18 | | does not warrant the claims
made;
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| 19 | | (2) the additive or soil amendment does not comply with |
| 20 | | the provisions of this Act
or its rules;
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| 21 | | (3) the labeling or other materials required for |
| 22 | | registration do not
comply with the provisions of this Act |
| 23 | | or its rules;
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| 24 | | (4) the registrant used fraudulent or deceptive |
| 25 | | practices to
secure registration; or
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| 1 | | (5) it is determined that an additive or a soil |
| 2 | | amendment poses a risk of
unreasonable adverse effects to |
| 3 | | man or the environment.
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| 4 | | (Source: P.A. 87-394.)
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| 5 | | (505 ILCS 120/30) (from Ch. 5, par. 2801-30)
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| 6 | | Sec. 30. Inspection, sampling analysis.
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| 7 | | (a) The Director shall inspect, sample, and make analyses |
| 8 | | or test additives or soil
amendments distributed within this |
| 9 | | State at any time and place, and to the
extent deemed |
| 10 | | necessary, to determine that additive or soil amendment |
| 11 | | products
comply with the requirements of this Act or its rules.
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| 12 | | (b) The Director may enter upon public or private premises |
| 13 | | during
regular business hours in order to have access to |
| 14 | | additives or soil amendments subject to
this Act as well as |
| 15 | | records relating to their distribution.
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| 16 | | (c) The methods of analysis and sampling shall be those |
| 17 | | adopted by the
Director from sources such as the Association of |
| 18 | | Official Analytical
Chemists (AOAC) or other comparable |
| 19 | | sources deemed appropriate by and
acceptable to the Director.
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| 20 | | (d) The Director may, by rule, establish inspection |
| 21 | | procedures and fees
not to exceed 0.10 cents per pound for |
| 22 | | additives, soil amendment products, or both, distributed
in |
| 23 | | this State.
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| 24 | | (Source: P.A. 87-394.)
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| 1 | | (505 ILCS 120/35) (from Ch. 5, par. 2801-35)
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| 2 | | Sec. 35. Misbranding or adulteration.
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| 3 | | (a) An additive or A soil amendment is misbranded if:
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| 4 | | (1) its labeling is misleading or false in any |
| 5 | | particular;
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| 6 | | (2) it is an imitation of or is distributed under the |
| 7 | | name of another
additive or soil amendment;
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| 8 | | (3) it is not labeled as required by this Act or its |
| 9 | | rules;
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| 10 | | (4) it claims to be or is represented to be an additive |
| 11 | | or amendment or contain an ingredient a soil
amendment |
| 12 | | unless the additive or soil amendment or ingredient |
| 13 | | conforms to definitions of identity as
prescribed by rule; |
| 14 | | or
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| 15 | | (5) it does not conform to ingredient form, minimum |
| 16 | | label guarantee,
and investigational allowance in rules |
| 17 | | adopted by the Department.
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| 18 | | (b) An additive or A soil amendment that contains any |
| 19 | | deleterious or harmful agent in
amounts sufficient to render it |
| 20 | | injurious to man, animals, aquatic life,
or beneficial plants |
| 21 | | when used in accordance with label directions shall
be deemed |
| 22 | | adulterated.
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| 23 | | (c) An additive or A soil amendment containing weed seed or |
| 24 | | unwanted crop seed shall be
deemed adulterated.
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| 25 | | (d) An additive or A soil amendment that has a composition
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| 26 | | different from that claimed on its label shall be deemed |
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| 1 | | adulterated.
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| 2 | | (Source: P.A. 87-394.)
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| 3 | | (505 ILCS 120/40) (from Ch. 5, par. 2801-40)
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| 4 | | Sec. 40. Stop sale; use or removal order.
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| 5 | | (a) Whenever the Director has reason to believe an additive |
| 6 | | or a soil amendment is
being distributed in violation of this |
| 7 | | Act or its rules, he or she may
issue and serve a written order |
| 8 | | to stop sale, stop use, or regulate removal
upon an owner, |
| 9 | | operator, manager, or agent in charge of the additive or soil |
| 10 | | amendment.
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| 11 | | (b) The Director shall provide the registrant, if different |
| 12 | | from the
person served under subsection (a), with a copy of any |
| 13 | | order when corrective
action appears to be the responsibility |
| 14 | | of the registrant.
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| 15 | | (c) If an owner, operator, manager, or agent is not |
| 16 | | available for service
of an order upon him or her, the Director |
| 17 | | shall attach the order to the additive or soil
amendment |
| 18 | | product and notify the registrant.
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| 19 | | (d) The Director shall remove or vacate an order by written |
| 20 | | notice when
the violated provisions of this Act or its rules |
| 21 | | have been complied with,
the conditions specified have been |
| 22 | | met, or the violation has been otherwise
disposed of by either |
| 23 | | administrative or judicial action.
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| 24 | | (e) When the Director has reason to believe that an |
| 25 | | additive or a soil amendment being
distributed in this State |
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| 1 | | may be injurious to plants, animals, or man when
used in |
| 2 | | accordance with label directions, he or she may issue an order |
| 3 | | to
remove the additive or soil amendment from the State and |
| 4 | | establish requirements to
effect the expeditious removal of the |
| 5 | | additive or soil amendment without adverse
effects to man or |
| 6 | | the environment.
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| 7 | | (Source: P.A. 87-394.)
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| 8 | | (505 ILCS 120/45) (from Ch. 5, par. 2801-45)
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| 9 | | Sec. 45. Rules.
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| 10 | | (a) The Director shall, after due notice and opportunity |
| 11 | | for public
hearing according to the Illinois Administrative |
| 12 | | Procedure Act, adopt any
rules necessary to administer, |
| 13 | | implement, and enforce this Act, including
but not limited to, |
| 14 | | regulations for: (i) exempt material; (ii) inspection;
(iii) |
| 15 | | labeling; (iv) sampling; (v) records; (vi) analytical methods; |
| 16 | | (vii)
form, minimum percentages, and investigational allowance |
| 17 | | and penalties of
either an additive or a soil amendment |
| 18 | | ingredient or additive or soil amendment; (viii) misbranding;
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| 19 | | (ix) adulteration; and (x) monetary penalties not otherwise set |
| 20 | | forth in
this Act.
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| 21 | | (Source: P.A. 87-394.)
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| 22 | | (505 ILCS 120/50) (from Ch. 5, par. 2801-50)
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| 23 | | Sec. 50. Hearing; notice; injunction.
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| 24 | | (a) The Department, over the signature of the Director, is |
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| 1 | | authorized to
issue subpoenas and bring before the Department |
| 2 | | any person or persons in
this State to take testimony orally, |
| 3 | | by deposition, or by exhibit, in the
same manner prescribed by |
| 4 | | law in judicial proceedings and civil cases in
the circuit |
| 5 | | courts of this State. The Director is authorized to issue
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| 6 | | subpoenas duces tecum for records relating to an additive or a |
| 7 | | soil amendment
distributor's or registrant's business.
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| 8 | | (b) The Department, over the signature of the Director, may |
| 9 | | apply to any
court for a temporary restraining order or a |
| 10 | | preliminary or permanent
injunction restraining any person |
| 11 | | from violating or continuing to violate
any provision of this |
| 12 | | Act or its rules. An injunction issued under this
Section shall |
| 13 | | be issued without bond.
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| 14 | | (c) When an administrative hearing is held, the hearing |
| 15 | | officer, upon
determination of a violation of this Act, shall |
| 16 | | levy and the Department
shall collect administrative penalties |
| 17 | | on a per-occurrence basis as follows:
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| 18 | | (1) A penalty of $500 shall be imposed for the |
| 19 | | following violations:
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| 20 | | (a) Neglect or refusal, after notice in writing, to |
| 21 | | comply with
provisions of this Act or its rules or any |
| 22 | | lawful order
of the Director.
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| 23 | | (b) Sale, transport, disposal, or distribution of |
| 24 | | an additive or a soil
amendment that has been placed |
| 25 | | under a stop-sale order.
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| 26 | | (2) A penalty of $250 shall be imposed for the
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| 1 | | following violations:
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| 2 | | (a) Thwarting or hindering the Director in the |
| 3 | | performance of his
or her duties by misrepresenting or |
| 4 | | concealing facts or conditions.
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| 5 | | (b) Distribution of an additive or a soil amendment |
| 6 | | that is mislabeled or adulterated.
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| 7 | | (3) A penalty of $100 shall be imposed for the |
| 8 | | following violations:
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| 9 | | (a) Distribution of an additive or a soil amendment |
| 10 | | that does not have
an accompanying label attached or |
| 11 | | displayed.
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| 12 | | (b) Failure to comply with any provision of this |
| 13 | | Act or its rules.
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| 14 | | (c) Distribution in this State of any additive or |
| 15 | | soil amendment containing
noxious weed seed.
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| 16 | | (Source: P.A. 87-394.)
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