Bill Text: IL SB2010 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Illinois Fertilizer Act of 1961. Makes changes to the definitions. Provides for labeling requirements for fertilizers or custom blends. Provides that it shall be unlawful for misbranding or for the adulteration of a fertilizer within the State. Provides that the Director of the Department of Agriculture may refuse to register a fertilizer or cancel or suspend a fertilizer registration, custom blend, or fertilizer if certain specified claims are made. Permits the Director to issue and serve a written stop sale, stop use, or regulate removal upon an owner, operator, manager, or agent in charge of fertilizer. Creates the Nutrient Research and Education Council (NREC) for the purpose of pursuing nutrient research and providing educational programs to ensure the adoption and implementation of practices that optimize nutrient use efficiency, ensure soil fertility, and address environmental concerns with regard to fertilizer use. Provides that the Department has the authority issue subpoenas, temporary restraining orders, preliminary or permanent injunctions against any person from violating or continuing to violate any provision of the Act. Provides for penalties based on type of violation. Makes other corresponding changes. Effective January 1, 2012.

Spectrum: Bipartisan Bill

Status: (Failed) 2013-01-08 - Session Sine Die [SB2010 Detail]

Download: Illinois-2011-SB2010-Amended.html

---

Sen. Michael W. Frerichs

Filed: 3/4/2011

09700SB2010sam001 LRB097 08213 CEL 51770 a
AMENDMENT TO SENATE BILL 2010
AMENDMENT NO. ______. Amend Senate Bill 2010 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Fertilizer Act of 1961 is amended
by changing Sections 2, 3, 4, 5, 6, 6a, 7, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18, 18a, 19, 20, and 21 and by adding Sections
21.5 and 21.7 as follows:
(505 ILCS 80/2) (from Ch. 5, par. 55.2)
Sec. 2. Enforcing official. The Director of the Department
of Agriculture, hereinafter referred to as the "Director",
shall administer this Act. This Act shall be administered by
the Director of the Department of Agriculture, hereinafter
referred to as the "Director".
(Source: Laws 1961, p. 3085.)
(505 ILCS 80/3) (from Ch. 5, par. 55.3)

09700SB2010sam001 - 2 - LRB097 08213 CEL 51770 a
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.
"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
(NH 3) 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 person 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 commercial
fertilizers.
"Bulk" means any fertilizer distributed in a non-packaged

09700SB2010sam001 - 3 - LRB097 08213 CEL 51770 a
form.
"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.
(a) The term "fertilizer material" means any substance
containing nitrogen, phosphorus, potash or any other
recognized plant nutrient element or compound which is used
primarily for its plant nutrient content or for compounding
mixed fertilizers except unmanipulated animal and vegetable
manures.
(b) The term "mixed fertilizer" means any combination or
mixture of fertilizer materials designed for use or claimed to
have value in promoting plant growth.
(c) The term "commercial fertilizer" means mixed
fertilizer and/or fertilizer materials except the following
natural products: agricultural limestone, marl, sea solids and
unprocessed animal manure, which have not been manipulated so
as to alter or change them chemically and burnt or hydrated
lime, and sewage sludge produced by any sanitary district shall
not be subject to the provisions of this Act. Such term does
not include "custom mixes" as defined herein.
(d) The term "anhydrous ammonia" means the compound formed
by the combination of two gaseous elements, nitrogen and
hydrogen, in the proportion of one part of nitrogen to three
parts of hydrogen (NH 3) by volume. Anhydrous ammonia is a

09700SB2010sam001 - 4 - LRB097 08213 CEL 51770 a
commercial 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.
(e) The term "specialty fertilizer" means a commercial
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
commercial fertilizer used for research or experimental
purposes.
(f) The term "bulk fertilizers" means commercial
fertilizer or custom mix distributed in a non-packaged form.
(g) The term "custom mix" means a mixture of 2 or more
commercial fertilizers mixed at time of shipment to the
specific order of the consumer.
"Custom blender" (h) The term "custom mixer" means a person
who produces and sells custom blends mixes.
"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.

09700SB2010sam001 - 5 - LRB097 08213 CEL 51770 a
"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. For the purposes of this
Act, "distribute" does not include the retail sale of non-bulk,
packaged speciality fertilizers or the commercial application
of fertilizer to lawns as defined in the Lawn Care Products
Application and Notice Act.
"Distributor" means any person who distributes.
"Fertilizer" means any substance containing one or more of
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

09700SB2010sam001 - 6 - LRB097 08213 CEL 51770 a
processed in such a way that its content of plant nutrients
has not been materially changed except by purification and
concentration.
(i) The term "brand" means a term, design, or trade mark used
in connection with one or several grades of commercial
fertilizers.
(j) The term "guaranteed analysis" means the minimum
percentages of plant nutrients claimed in the following order
and form:
A. Total Nitrogen (N)...............................%
Available Phosphoric Acid (P2O5)....................%
Soluble Potash (K2O)....................................%
B. For unacidulated mineral phosphatic materials and basic
slag, both total and available phosphoric acid and the degree
of fineness. For bone, tankage, and other organic phosphatic
materials, total phosphoric acid.
C. Additional plant nutrients expressed as the elements,
when permitted by regulation.
D. Potential basicity or acidity expressed in terms of
calcium carbonate equivalent in multiples of 100 pounds per
ton, when required by regulation.
"Grade" (k) The term "grade" means the minimum percentage
of total nitrogen, available phosphoric phosphate acid (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

09700SB2010sam001 - 7 - LRB097 08213 CEL 51770 a
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 order given in
this definition.
"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, written, printed, or
graphic matter upon or accompanying any fertilizer or (ii)

09700SB2010sam001 - 8 - LRB097 08213 CEL 51770 a
advertisements, Internet, brochures, posters, and television
and radio announcements used in promoting the sale of
fertilizer.
"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.
(l) The term "official sample" means any sample of
commercial fertilizer or custom mix taken by the Director or
his agent and designated as "official" by the Director.
(m) The term "ton" means a net weight of 2000 pounds
avoirdupois.
(n) The term "per cent" or "percentage" means the
percentage by weight.
(o) The term "person" means any individual, partnership,
association, firm and corporation.
(p) The term "distribute" means to offer for sale, sell,
barter, store, handle, transport or otherwise supply
commercial fertilizers or custom mix. The term "distributor"
means any person who distributes.
(q) Words importing the singular number may extend and be
applied to several persons or things and words importing the
plural number may include the singular.
(r) The term "registrant" means the person who registers
commercial fertilizer or custom mix under the provisions of

09700SB2010sam001 - 9 - LRB097 08213 CEL 51770 a
this Act.
(s) The term "Low-pressure nitrogen solution" means a low
pressure 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° F.
"Mixed fertilizer" means any combination or mixture of
fertilizer materials designed for use or claimed to have value
in promoting plant growth.
"Official sample" means any sample of fertilizer taken by
the Director or his agent and designated as official by the
Director.
"Per cent" or "percentage" means the percentage by weight.
"Person" means any individual, partnership, association,
firm and corporation.
"Registrant" means the person who 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.
(t) The term "Department" means the Illinois Department of
Agriculture.
(u) The term "Director" means the Director of the Illinois

09700SB2010sam001 - 10 - LRB097 08213 CEL 51770 a
Department of Agriculture or a duly authorized representative.
(Source: P.A. 83-586.)
(505 ILCS 80/4) (from Ch. 5, par. 55.4)
Sec. 4. License and product registration Registration.
(a) Each brand and grade of commercial fertilizer shall be
registered in the name of that person whose name appears upon
the label before being distributed in this State. The
application for registration shall be submitted with a label or
facsimile of same to the Director on form furnished by the
Director, and shall be accompanied by a fee of $20 $10 per
grade within a brand. Upon approval by the Director a copy of
the registration shall be furnished to the applicant. All
registrations expire on December 31 of each year.
The application shall include the following information:
(1) The net weight
(2) The brand and grade
(3) The guaranteed analysis
(4) The name and address of the registrant.
(a-5) No person shall distribute a fertilizer in the State
unless the person has secured a license under this Act on forms
provided by the Director. The license application shall be
accompanied by a fee of $100, provided that the persons who
store anhydrous ammonia as a fertilizer, store bulk fertilizer,
or custom blend fertilizer at more than one site under the same
distributor's name shall identify each additional site with a

09700SB2010sam001 - 11 - LRB097 08213 CEL 51770 a
complete address and remit a license fee of $50 for each
additional site. Persons performing lawn care applications for
hire or persons who sell specialty fertilizer exclusively in
non-bulk packages to consumers or end users are exempt from
obtaining a license under this Act.
(b) A distributor shall not be required to register any
brand of commercial fertilizer or custom mix which is already
registered under this Act by another person.
(c) The plant nutrient content of each and every commercial
fertilizer must remain uniform for the period of registration
and, in no case, shall the percentage of any guaranteed plant
nutrient element be changed in such a manner that the
crop-producing quality of the commercial fertilizer is
lowered.
(d) (Blank) Each custom mixer shall register annually with
the Director on forms furnished by the Director. The
application for registration shall be accompanied by a fee of
$50, unless the custom mixer elects to register each mixture,
paying a fee of $10 per mixture. Upon approval by the Director,
a copy of the registration shall be furnished to the applicant.
All registrations expire on December 31 of each year.
(e) A custom blend mix as defined in Section 3 section
3(f), prepared for one consumer shall not be co-mingled with
the custom blended mixed fertilizer prepared for another
consumer.
(f) All fees collected pursuant to this Section shall be

09700SB2010sam001 - 12 - LRB097 08213 CEL 51770 a
paid to the Fertilizer Control Fund for activities related to
the administration and enforcement of this Act paid into the
State treasury.
(Source: P.A. 93-32, eff. 7-1-03.)
(505 ILCS 80/5) (from Ch. 5, par. 55.5)
Sec. 5. Labeling.
(a) Any commercial fertilizer or custom mix distributed in
this State in non-bulk containers shall have placed on or
affixed to the container a label setting forth in clearly
legible form the following information: required by Items (1),
(2), (3), and (4) of paragraph (a) of Section 4.
(1) net weight;
(2) brand and grade; provided, that the grade shall not
be required when no primary nutrients are claimed;
(3) guaranteed analysis;
(4) directions for use for the fertilizer distributed
to the consumer; and
(5) name and address of the registrant.
In the case of bulk shipments as a brand or grade of
fertilizer, information required by items (1), (2), (3), and
(5) of this subsection (a) in a written or printed form shall
accompany delivery of each load and be supplied to the
purchaser at the time of delivery.
(b) (Blank). If distributed in bulk as a brand or grade of
fertilizer, a written or printed statement of the information

09700SB2010sam001 - 13 - LRB097 08213 CEL 51770 a
required by items (1), (2), (3), and (4) of paragraph (a) of
Section 4 shall accompany delivery of each load and be supplied
to the purchaser at time of delivery.
(c) If distributed in bulk as a custom blend mixed
fertilizer, a written or printed statement shall accompany
delivery of each load and be supplied to the purchaser at time
of delivery and must carry information as follows:
1. Weight of each commercial fertilizer used in the custom
blend mixing.
2. The guaranteed analysis of each commercial fertilizer
used in the custom blend mixing.
3. Total weight of fertilizer delivered in each load.
4. Name and address of the person selling the fertilizer.
(d) A custom blended mixed fertilizer shall be intimately
and uniformly mixed. The Director, in determining for
administrative purposes whether a custom blend mix is
intimately and uniformly mixed, shall compute the analysis of
the load of custom blended mixed fertilizer from the
information required by Items (1), (2), and (3) of paragraph
(c) of this section.
(e) Each lot of fertilizer shall display identification in
a manner that includes, but is not limited to, numerical,
alphabetical, date of manufacture, or a combination that
distinguishes it from that of other lots distributed.
(f) Fertilizer materials not defined by AAPFCO may be used
if the registrant furnishes an acceptable definition, AOAC

09700SB2010sam001 - 14 - LRB097 08213 CEL 51770 a
International or other appropriate method of analysis, heavy
metal analysis, and agronomic data when deemed necessary.
(Source: Laws 1963, p. 2240.)
(505 ILCS 80/6) (from Ch. 5, par. 55.6)
Sec. 6. Inspection fees.
(a) There shall be paid to the Director for all commercial
fertilizers or custom mix distributed in this State an
inspection fee at the rate of 15¢ 25¢ per ton. Sales to
manufacturers or exchanges between registrants them are hereby
exempted from the inspection fee.
On individual packages of commercial or custom mix or
specialty fertilizers containing 5 pounds or less, or if in
liquid form containers of 4,000 cubic centimeters or less,
there shall be paid instead of the 15¢ 25¢ per ton inspection
fee, an annual inspection fee of $50 $25 for each grade within
a brand sold or distributed. Where a person sells commercial or
custom mix or specialty fertilizers in packages of 5 pounds or
less, or 4,000 cubic centimeters or less if in liquid form, and
also sells in larger packages than 5 pounds or liquid
containers larger than 4,000 cubic centimeters, this annual
inspection fee of $50 $25 applies only to that portion sold in
packages of 5 pounds or less or 4,000 cubic centimeters or
less, and that portion sold in larger packages or containers
shall be subject to the same inspection fee of 15¢ 25¢ per ton
as provided in this Act. The increased fees shall be effective

09700SB2010sam001 - 15 - LRB097 08213 CEL 51770 a
after June 30, 1989.
(b) Every person who distributes a commercial fertilizer or
custom mix in this State shall file with the Director, on forms
furnished by the Director, a semi-annual statement for the
periods ending June 30 and December 31, setting forth the
number of net tons of each grade of commercial fertilizers
within a brand or the net tons of custom blend mix distributed.
The report shall be due on or before the 30th 15th day of the
month following the close of each semi-annual period and upon
the statement shall pay the inspection fee at the rate stated
in paragraph (a) of this Section.
One half of the 25¢ per ton inspection fee shall be paid
into the Fertilizer Control Fund and all other fees collected
under this Section shall be paid into the State treasury.
If the tonnage report is not filed and the payment of
inspection fee is not made within 30 days after the end of the
semi-annual period, a collection fee amounting to 15% 10%
(minimum $15 $10) of the amount shall be assessed against the
registrant. The amount of fees due shall constitute a debt and
become the basis of a judgment against the registrant. Upon the
written request to the Director additional time may be granted
past the normal date of filing the semi-annual statement.
(c) When more than one person is involved in the
distribution of a commercial fertilizer, the last registrant
who distributes to the consumer or end-user non-registrant
(dealer or consumer) is responsible for reporting the tonnage

09700SB2010sam001 - 16 - LRB097 08213 CEL 51770 a
and paying the inspection fee.
(d) All fees collected under this Section shall be paid to
the Fertilizer Control Fund for activities related to the
administration and enforcement of this Act.
(Source: P.A. 93-32, eff. 7-1-03.)
(505 ILCS 80/6a) (from Ch. 5, par. 55.6a)
Sec. 6a. Nutrient Research and Education Council. The
Director is hereby authorized to ensure that distributors remit
a designated fertilizer tonnage assessment to the Nutrient
Research and Education Council (NREC) for the purpose of
pursuing nutrient research and providing educational programs
to ensure the adoption and implementation of practices that
optimize nutrient use efficiency, ensure soil fertility, and
address environmental concerns with regard to fertilizer use.
The NREC may also participate in relevant demonstration and
cost-share programs to enhance adoption and meet objectives of
nutrient efficiency and stewardship programs supported by the
NREC.
The NREC shall be comprised of 9 persons, 3 representing
the fertilizer industry, 3 persons representing grower
organizations, to include at least one member of the State's
largest farm organization, one person representing the
specialty fertilizer industry, one person representing a
certified agronomy organization, and the Director or his or her
designee and 4 non-voting members: 2 persons representing

09700SB2010sam001 - 17 - LRB097 08213 CEL 51770 a
environmental organizations, one person representing a State
or federal agriculture experiment station and the Director of
the Illinois Environmental Protection Agency or his or her
designee. In the appointment of persons to the NREC, the
organizations designated in this Section shall nominate, and
the Director shall select from these nominations,
representatives to this Council. Members of the Council shall
receive no compensation for their services, and the terms of
the Council members, appointment process, and conduct of the
meetings shall be outlined in the bylaws established by this
Council on their initial appointment by the Director and made
available to the industry organizations.
The responsibilities of the NREC are to:
(1) prioritize nutrient research needs and solicit
research proposals to generate findings and make
recommendations to the Council based on the findings;
(2) evaluate the proposed budget for each research
project and make recommendations as necessary;
(3) arrange for peer review of all research proposals
for scientific merit and methods;
(4) report the findings of all research projects at
industry conferences, publish the findings and implement
educational programs to apply the research recommendations
in agricultural production systems and in consumer use
markets where appropriate;
(5) engage in outreach and field level trials and

09700SB2010sam001 - 18 - LRB097 08213 CEL 51770 a
educational programs with growers and consumers and
publicize these events; and
(6) where practical, cooperate with other programs
with similar goals.
The Council shall recommend, and the Director shall set,
the fertilizer tonnage assessment for the purpose of funding
the NREC at no less than 50 cents per ton and no greater than $3
per ton to fund, administer, publish, and implement the
research, education, and outreach programs designated each
year by the Council. A minimum of 20% of the funds shall be
designated for cost-share programs and on-farm demonstration
programs to study and address water quality issues. The Council
shall report to the Director by December 31 of each year the
recommended amount of annual tonnage assessment to be collected
the following year from distributors.
Assessments collected from distributors are payable
directly to the NREC on a semi-annual basis. This payment shall
coincide with the reporting of the tonnage data and the
remittance of the inspection fee to the Department. If the NREC
assessment is not made to the Council under this Section, then
the Director may rescind the license of the distributor. The
Council may enter into an agreement with the Director to
establish random audits of distributors to assure accurate
remittance of the NREC assessment. The NREC may also enter into
contracts with other entities approved by the Council for the
purposes of fulfilling the objectives of the NREC.

09700SB2010sam001 - 19 - LRB097 08213 CEL 51770 a
The NREC shall publish annually an activity and financial
report of its activities, funds collected, and expenditures for
nutrient programs shall be audited at least annually by a
certified public accountant and made available within 30 days
after its completion to the Director and each Council member
for dissemination to their respective organizations. The
Department is hereby authorized to establish a program and
expend appropriations for a fertilizer research and education
program dealing with the relationship of fertilizer use to soil
management, soil fertility, plant nutrition problems, and for
research on environmental concerns which may be related to
fertilizer usage; for the dissemination of the results of such
research; and for other designated activities including
educational programs to promote the correct and effective usage
of fertilizer materials.
To assist in the development and administration of the
fertilizer research and education program, the Director is
authorized to establish a Fertilizer Research and Education
Council consisting of 9 persons. This council shall be
comprised of 3 persons representing the fertilizer industry, 3
persons representing crop production, and 2 persons
representing the public at large. In the appointment of persons
to the council, the Director shall consult with representative
persons and recognized organizations in the respective fields
concerning such appointments. The Director or his
representative from the Department shall act as chairman of the

09700SB2010sam001 - 20 - LRB097 08213 CEL 51770 a
council. The Director shall call meetings thereof from time to
time or when requested by 3 or more appointed members of the
council.
The responsibilities of the Fertilizer Research and
Education Council are to:
(a) solicit research and education projects consistent
with the scope of the established fertilizer research and
education program;
(b) review and arrange for peer review of all research
proposals for scientific merit and methods, and review or
arrange for the review of all proposals for their merit,
objective, methods and procedures;
(c) evaluate the proposed budget for the projects and
make recommendations as necessary; and
(d) monitor the progress of projects and report at
least once each 6 months on each project's accomplishments
to the Director and Board of Agricultural Advisors.
The Fertilizer Research and Education Council shall at
least annually recommend projects to be approved and funded
including recommendations on continuation or cancellation of
authorized and ongoing projects to the Board of Agricultural
Advisors, which is created in Section 5-525 of the Departments
of State Government Law (20 ILCS 5/5-525). The Board of
Agricultural Advisors shall review the proposed projects and
recommendations of the Fertilizer Research and Education
Council and recommend to the Director what projects shall be

09700SB2010sam001 - 21 - LRB097 08213 CEL 51770 a
approved and their priority. In the case of authorized and
ongoing projects, the Board of Agricultural Advisors shall
recommend to the Director the continuation or cancellation of
such projects.
When the Director, the Board of Agricultural Advisors, and
the Fertilizer Research and Education Council approve a project
and subject to available appropriations, the Director shall
grant funds to the person originating the proposal.
(Source: P.A. 91-239, eff. 1-1-00.)
(505 ILCS 80/7) (from Ch. 5, par. 55.7)
Sec. 7. Inspection, sampling, analysis.
(a) It is the duty of the Director, who may act through his
authorized agent, to sample, inspect, make analysis of, and
test commercial fertilizers and custom mixes distributed
within this State at a time and place and to such an extent as
the Director he considers necessary to determine whether such
commercial fertilizers or custom mixes are in compliance with
the provisions of this Act. The Director, individually or
through his agent, is authorized to enter upon any public or
private premises during regular business hours in order to have
access to commercial fertilizers or custom mixes and to records
relating to their distribution subject to the provisions of
this Act and the rules and regulations pertaining thereto.
(b) The methods of analysis and sampling shall be those
adopted by the official agency from sources such as those of

09700SB2010sam001 - 22 - LRB097 08213 CEL 51770 a
the Association of Official Analytical Agricultural Chemists.
(c) The Director, in determining for administrative
purposes whether any commercial fertilizer or custom mix is
deficient in plant food, shall be guided solely by the official
sample as defined in paragraph (k) of Section 3, and obtained
and analyzed as provided for in this Section paragraph (b) of
Section 7.
(d) The results of official analysis of any commercial
fertilizer or custom mix which has been found to be subject to
penalty or other legal action shall be forwarded by the
Director to the registrant at least 10 days before the report
is submitted to the purchaser. If during that period no
adequate evidence to the contrary is made available to the
Director, the report shall become official. Upon request the
Director shall furnish to the registrant a portion of any
sample found subject to penalty or other legal action.
(Source: P.A. 77-106.)
(505 ILCS 80/8) (from Ch. 5, par. 55.8)
Sec. 8. Plant food deficiency.
If any commercial fertilizer or custom mix offered for sale
in this State proves, upon official analysis, to be deficient
from its guaranteed analysis, penalty shall be assessed against
the manufacturer or custom blender mixer in accordance with the
following provisions:
(1) When the value for a single ingredient fertilizer

09700SB2010sam001 - 23 - LRB097 08213 CEL 51770 a
containing nitrogen, available phosphate, or soluble potash is
found to be deficient from the guarantee to the extent of 3% to
5% of the total value For a single ingredient fertilizer
containing nitrogen or phosphate or potash: when the value of
this ingredient is found to be deficient from the guarantee to
the extent of 3% and not over 5% of the total value, the
registrant shall be liable for the actual deficiency in value.
When the deficiency exceeds 5% of the total value, the penalty
shall be 3 times the actual value of the shortage.
(2) For multiple ingredient fertilizers containing 2 or
more of the single ingredients: nitrogen or phosphate or
potash, penalties shall be assessed according to (a) or (b) as
herein stated. When a multiple ingredient fertilizer is subject
to a penalty under both (a) and (b) only the larger penalty
shall be assessed.
(a) When the total combined values of the nitrogen or
available phosphate phosphoric acid or potash is found to be
deficient to the extent of 3% to 5% 3% and not over 5%, the
registrant shall be liable for the actual deficiency in total
value. When the deficiency exceeds 5% of the total value, the
penalty shall be 3 times the actual value of the shortage.
(b) When either the nitrogen, available phosphate
phosphoric acid, or potash value is found deficient from the
guarantee to the extent of 20% up to the maximum of 4 units (4%
plant food), the registrant shall be liable for the value of
such shortages.

09700SB2010sam001 - 24 - LRB097 08213 CEL 51770 a
(3) Deficiencies in any other constituent or constituents
covered under Section 3, paragraph (i), items B, C, and D of
this Act which the registrant is required to or may guarantee
shall be evaluated by the Director and penalties therefor shall
be prescribed by the Director.
(a) Nothing contained in this Section shall prevent any
person from appealing to a court of competent jurisdiction for
judgment as to the justification of such penalties.
(b) All penalties assessed under this Section shall be paid
to the consumer of the lot of commercial fertilizer or custom
mix purchased, and which is represented by the sample analyzed,
within 3 months after the date of notice from the Director to
the registrant. Receipts shall be taken therefor and promptly
forwarded to the Director. If such consumers cannot be found,
the amount of the penalty shall be paid to the Director who
shall deposit the same in the General Revenue Fund in the State
Treasury.
(Source: Laws 1963, p. 2240.)
(505 ILCS 80/9) (from Ch. 5, par. 55.9)
Sec. 9. Commercial value. On the basis of information
secured from persons holding registrant's permit to sell
fertilizers in Illinois, the following values will be used for
purposes of assessing penalties as provided by Section 8 of
this Act:
Nitrogen $6.00 $3.00 per unit (30¢ 15¢ per pound)

09700SB2010sam001 - 25 - LRB097 08213 CEL 51770 a
Total P2O5 in Rock
Phosphate 1.44 .72 per unit (7.2¢ 3.6¢ per pound)
Available P2O5 4.00 2.00 per unit (20¢ 10¢ per pound)
Potash 2.00 1.00 per unit (10¢ 5¢ per pound).
In the event that the actual retail price is substantially
greater than the value as calculated at the above rates, the
penalty shall be based on the retail price. In addition, the
Director may require that any lot subject to penalty be
returned to the registrant and all costs involved in the return
of such goods shall be borne by the registrant. However, in the
case of bulk fertilizers, the person offering fertilizer for
sale in bulk shall be responsible for guaranteeing such
fertilizer and shall be liable for all penalties assessed under
the provisions of Section 8.
(Source: P.A. 89-626, eff. 8-9-96.)
(505 ILCS 80/10) (from Ch. 5, par. 55.10)
Sec. 10. Minimum plant food content.
No superphosphate containing less than 18% available
phosphate phosphoric acid nor any mixed fertilizer or custom
blend mix, other than a custom blend mix consisting in part of
unacidulated mineral phosphatic materials, in which the sum of
the guarantees for the nitrogen, available phosphate
phosphoric acid, and soluble potash totals less than 20% shall
be distributed in this State. Specialty fertilizers are exempt
from minimum plant food requirements for mixed fertilizers and

09700SB2010sam001 - 26 - LRB097 08213 CEL 51770 a
custom blends mixes.
(Source: Laws 1961, p. 3085.)
(505 ILCS 80/11) (from Ch. 5, par. 55.11)
Sec. 11. Misbranding or adulteration. False or misleading
statements.
(a) It is unlawful for any person to distribute a
fertilizer that is misbranded or adulterated within this State.
A fertilizer shall be deemed misbranded if:
(1) its labeling is false or misleading in any
particular;
(2) it is distributed under the name of another
fertilizer product;
(3) it is not labeled as required by this Act or its
rules; or
(4) it 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 of the Director; in adopting such
regulations the Director shall give due regard to commonly
accepted definitions and official fertilizer terms such as
those issued by the Association of American Plant Food
Control Officials.
(b) A fertilizer shall be deemed adulterated if:
(1) it contains any deleterious or harmful substance,

09700SB2010sam001 - 27 - LRB097 08213 CEL 51770 a
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;
(2) its composition falls below or differs from that
which it is purported to possess by its labeling; or
(3) it contains unwanted crop seed or weed seed. A
commercial fertilizer or custom mix is misbranded if it
carries any false or misleading statement upon or attached
to the container, or if false or misleading statements
concerning its agricultural value are made on the container
or in any advertising matter accompanying or associated
with the commercial fertilizer or custom mix. It is
unlawful to distribute a misbranded commercial fertilizer
or custom mix only after a notice of hearing has been
issued, served, a hearing held, and opportunity is given
for the defendant to appeal to a court of competent
jurisdiction from the decision of the hearing, if he so
elects, within a period of 10 days after such hearing.
(Source: Laws 1961, p. 3085.)
(505 ILCS 80/12) (from Ch. 5, par. 55.12)
Sec. 12. Tonnage reports; records.
(a) Any person distributing fertilizer to a consumer or
end-user non-registrant in this State shall provide the

09700SB2010sam001 - 28 - LRB097 08213 CEL 51770 a
Director with a summary report on or before the 10th day of
each month covering the shipments made during the preceding
month of tonnage on a form, provided by the Director, for that
purpose. If requested by the NREC, the distributor who supplies
fertilizer to the consumer or end user shall also provide to
the NREC additional information relevant to general fertilizer
use, practices or sales of products that enhance the
stabilization, or efficiency of fertilizer.
Specialty fertilizer sold in packages weighing 5 pounds or
less or in container of 4000 cubic centimeters or less, shall
be reported but no inspection fee will be charged. No
information furnished under this Section shall be disclosed by
the Department in such a way as to divulge the operation of any
person.
(b) Persons engaged in the sale of ammonium nitrate shall
obtain the following information upon its distribution:
(1) the date of distribution;
(2) the quantity purchased;
(3) the license number of the purchaser's valid State
or federal driver's license, or an equivalent number taken
from another form of picture identification approved for
purchaser identification by the Director; and
(4) the purchaser's name, current physical address,
and telephone number.
Any retailer of ammonium nitrate may refuse to sell
ammonium nitrate to any person attempting to purchase ammonium

09700SB2010sam001 - 29 - LRB097 08213 CEL 51770 a
nitrate (i) out of season, (ii) in unusual quantities, or (iii)
under suspect purchase patterns.
(c) Records created under subsection (b) of this Section
shall be maintained for a minimum of 2 years. Such records
shall be available for inspection, copying, and audit by the
Department as provided under this Act.
(Source: P.A. 95-219, eff. 8-16-07.)
(505 ILCS 80/13) (from Ch. 5, par. 55.13)
Sec. 13. Publications.
The Director shall publish at least semi-annually and in
such forms as he may deem proper:
(a) Information concerning the distribution of commercial
fertilizers and custom mixes by counties.
(b) Results of analysis based on official samples of
commercial fertilizers and custom mixes distributed within the
state as compared with the analysis guaranteed under Sections 4
and 5.
(Source: Laws 1961, p. 3085.)
(505 ILCS 80/14) (from Ch. 5, par. 55.14)
Sec. 14. Rules and regulations.
(a) For the enforcement of this Act, the Director is
authorized, after due notice and public hearing, to prescribe
and to enforce such rules and regulations relating to the
distribution of fertilizers, the equipment, containers, and

09700SB2010sam001 - 30 - LRB097 08213 CEL 51770 a
storage pertaining to anhydrous ammonia, and low pressure
nitrogen solutions commercial fertilizer or custom mix as he
may be find necessary to carry into effect the full intent and
meaning of this Act.
(b) The official definitions of fertilizers and official
fertilizer terms as adopted and published by the Association of
American Plant Food Control Officials and any amendments or
supplements thereto are the official definitions of
fertilizers and official fertilizer terms, except insofar as
specifically defined in Section 3 or amended, modified, or
rejected by a rule adopted by the Director.
(Source: Laws 1961, p. 3085.)
(505 ILCS 80/15) (from Ch. 5, par. 55.15)
Sec. 15. Short weight. If any commercial fertilizer or
custom mix in the possession of the consumer is found by the
Director to be short in weight, the registrant of such
commercial fertilizer or custom mix shall, within 30 days after
official notice from the Director, pay to the consumer a
penalty equal to 4 times the value of the actual shortage.
(Source: Laws 1961, p. 3085.)
(505 ILCS 80/16) (from Ch. 5, par. 55.16)
Sec. 16. Cancellation, suspension, or refusal of
registrations and licenses. Cancellation of registrations.
The Director may refuse to register a fertilizer or cancel

09700SB2010sam001 - 31 - LRB097 08213 CEL 51770 a
or suspend a fertilizer registration, custom blend, or
fertilizer license if:
(1) the composition of the fertilizer does not warrant
the claims made;
(2) the fertilizer 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;
(5) it is determined that a fertilizer poses a risk of
unreasonable adverse effects to man or the environment
under the provisions of this Act or its rules; or
(6) the registrant does not comply with the provisions
of this Act or its rules.
The Director is authorized and empowered to cancel the
registration of any brand of commercial fertilizer or custom
mix or to refuse to register any brand of commercial fertilizer
or custom mix as herein provided, upon satisfactory evidence
that the registrant has used fraudulent or deceptive practices
in the evasions or attempted evasions of the provisions of this
Act or any rules and regulations promulgated thereunder;
however, no registration shall be revoked or refused until the
registrant has been given the opportunity to appear for a
hearing by the Director.

09700SB2010sam001 - 32 - LRB097 08213 CEL 51770 a
(Source: Laws 1961, p. 3085.)
(505 ILCS 80/17) (from Ch. 5, par. 55.17)
Sec. 17. Stop sale; use or removal order.
(a) Whenever the Director finds that a fertilizer 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 fertilizer.
(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 fertilizer 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 and all costs and expenses
incurred in connection with the withdrawal have been paid.
(e) When the Director finds, under the provisions of this
Act or its rules, that a fertilizer being distributed in this
State is injurious to plants, animals, or man when used in

09700SB2010sam001 - 33 - LRB097 08213 CEL 51770 a
accordance with label directions, he or she may issue an order
to remove the fertilizer from the State and establish
requirements to effect the expeditious removal of the
fertilizer without adverse effects to man or the environment.
"Stop sale" orders.
The Director or his authorized agent may issue and enforce
a written or printed "stop sale, use, or removal" order to the
owner or custodian of any lot of commercial fertilizer or
custom mix and to hold such lot at a designated place when the
Director finds such commercial fertilizer or custom mix is
being offered or exposed for sale in violation of any of the
provisions of this Act until the law has been complied with and
such commercial fertilizer or custom mix is released in writing
by the Director or such violation has been otherwise legally
disposed of by written authority.
The Director shall release the commercial fertilizer or
custom mix so withdrawn when the requirements of the provisions
of this Act have been complied with and all costs and expenses
incurred in connection with the withdrawal have been paid.
(Source: P.A. 77-106.)
(505 ILCS 80/18) (from Ch. 5, par. 55.18)
Sec. 18. Seizure, condemnation and sale.
Any lot of commercial fertilizer or custom mix not in
compliance with the provisions of this Act shall be subject to
seizure on complaint of the Director or his authorized agent to

09700SB2010sam001 - 34 - LRB097 08213 CEL 51770 a
the circuit court of the county in which such commercial
fertilizer or custom mix is located. In the event the court
finds such commercial fertilizer or custom mix to be in
violation of this Act and orders the condemnation of such
commercial fertilizer or custom mix, it shall be disposed of in
any manner consistent with the quality of the commercial
fertilizer or custom mix and the laws of the State. However, in
no instance shall the disposition of such commercial fertilizer
or custom mix be ordered by the court without first giving the
claimant an opportunity to apply to the court for release of
such commercial fertilizer or custom mix or for permission to
process or re-label the commercial fertilizer or custom mix to
bring it into compliance with this Act.
(Source: P.A. 77-106.)
(505 ILCS 80/18a) (from Ch. 5, par. 55.18a)
Sec. 18a. Location and operation.
(a) Before installing commercial fertilizer facilities for
the distribution or storage of anhydrous ammonia or
low-pressure nitrogen solutions, the owner shall apply to the
Department for approval of the location of the facilities.
Distribution and storage facilities shall be in compliance with
local zoning ordinances and the minimum distance requirements
for safe storage of anhydrous ammonia or low-pressure nitrogen
solutions as established by Department rule. Existing storage
tanks installed prior to the effective date of this amendatory

09700SB2010sam001 - 35 - LRB097 08213 CEL 51770 a
Act of 1983 shall be exempt from the requirements for location
approval. Prior to any expansion or modification of such
existing storage tanks, written approval shall be obtained from
the Department and such tanks shall meet current requirements
as established by Department rule.
(b) Authorized Department personnel may enter upon any
public or private premises during reasonable business hours and
inspect facilities, equipment and vehicles used in the storage
and distribution of anhydrous ammonia and low-pressure
nitrogen solutions and observe operations as necessary to
determine compliance with the provisions of this Act and the
rules promulgated hereunder. Department personnel may enter
the premises at any time when the health, safety or welfare of
the public is threatened by escaping gas, spills, fire, damaged
or faulty equipment, accident or act of God.
(c) The Department shall adopt rules and regulations
setting forth minimum safety standards covering the design,
construction, location, installation and operation of
equipment for storage, handling, use and transportation of
anhydrous ammonia and low pressure nitrogen solutions. Such
rules and regulations shall consist of those reasonably
necessary for the safety of the public, including persons
handling or using such materials, and shall be in substantial
conformity with the current nationally accepted safety
standards.
(d) The Director or his authorized agent may issue and

09700SB2010sam001 - 36 - LRB097 08213 CEL 51770 a
enforce a written stop use order to the owner or custodian of
the facility upon a violation of this Act or the rules and
regulations. The Director shall terminate the stop use order
upon compliance with the requirements of this Act and rules and
regulations.
(e) The Department may adopt rules and regulations setting
forth the requirements for the containment of fertilizer
products at commercial facilities, which may include, but would
not be limited to, the design, inspection, construction,
location, installation, and operation for the storage and
handling use of bulk liquid fertilizer, bulk dry fertilizer,
and low-pressure nitrogen solutions as may be necessary for the
protection of ground water, the environment, and public safety.
The Department may establish fees for the inspection of such
containment facilities.
(f) Nothing in this Section shall apply to facilities that
manufacture anhydrous ammonia subject to the OSHA Process
Safety Management regulations cited under 29 CFR 1910.119.
(Source: P.A. 85-1327.)
(505 ILCS 80/19) (from Ch. 5, par. 55.19)
Sec. 19. Violations and prosecutions. Violations.
(a) If it appears from the examination of any commercial
fertilizer or custom mix that any of the provisions of this Act
or the rules and regulations issued thereunder have been
violated, the Director or his or her authorized agent shall

09700SB2010sam001 - 37 - LRB097 08213 CEL 51770 a
cause notice of the violations to be given to the registrant,
distributor or possessor from whom the sample was taken. Any
person so notified shall be given opportunity to be heard under
such rules and regulations as may be prescribed by the
Director. If it appears after such hearing, either in the
presence or absence of the person so notified, that any of the
provisions of this Act or rules and regulations issued
thereunder have been violated, the Director may certify the
facts to the proper prosecuting attorney.
It shall be unlawful for any person to distribute, store,
transport or use anhydrous ammonia or low-pressure nitrogen
solutions in violation of this Act or the rules and regulations
promulgated thereunder or to violate a stop use order issued by
the Director.
(b) Any person convicted of violating any provisions of
this Act or any of the rules or regulations issued thereunder,
or who impedes, obstructs, hinders or otherwise prevents or
attempts to prevent the Director, or his or her duly authorized
agent, in the performance of his or her duty in connection with
the provisions of this Act, shall be guilty of a business
offense punishable by a fine not less than $1,000 plus all
costs for each violation to exceed $1,000. In all prosecutions
under this Act involving the composition of a commercial
fertilizer or custom mix, a certified copy of the official
analysis signed by the Director shall be accepted as prima
facie evidence of the composition.

09700SB2010sam001 - 38 - LRB097 08213 CEL 51770 a
(c) Nothing in this Act shall be construed as requiring the
Director or his or her representative to report for prosecution
or for the institution of seizure proceedings as a result of
minor violations of the Act if he or she believes that a
suitable notice of warning in writing will serve the public
interests that the public interests will be served by a
suitable notice of warning in writing.
(d) It shall be the duty of each State's attorney to whom
any violation is reported to cause appropriate proceedings to
be instituted and prosecuted in the circuit court without
delay.
(e) (Blank). The Director is authorized to apply for and
the court is authorized to grant a temporary restraining order
or a preliminary or permanent injunction restraining any person
from violating or continuing to violate any of the provisions
of this Act or any rule or regulation promulgated under the Act
notwithstanding the existence of other remedies. The
injunction shall be entered without bond.
(Source: P.A. 83-1362.)
(505 ILCS 80/20) (from Ch. 5, par. 55.20)
Sec. 20. Hearing; notice; injunction.
(a) The Department, over the signature of the Director, is
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

09700SB2010sam001 - 39 - LRB097 08213 CEL 51770 a
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 a fertilizer
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
in addition to any initial penalty levied by this Act on a per
occurrence basis as follows:
(1) A penalty of $1000 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; or
(B) sale, transport, disposal, or distribution of
a fertilizer that has been placed under stop-sale
order.
(2) A penalty of $500 shall be imposed for the
following violations:
(A) thwarting or hindering the Director in the

09700SB2010sam001 - 40 - LRB097 08213 CEL 51770 a
performance of his or hers duties by misrepresenting or
concealing facts or conditions; or
(B) distribution of a fertilizer that is
mislabeled or adulterated.
(3) A penalty of $200 shall be imposed for the
following violations:
(A) distribution of a fertilizer that does not have
an accompanying label attached or displayed;
(B) failure to comply with any provisions of this
Act or its rules; or
(C) distribution in this State of any fertilizer
containing noxious weed seed.
When a fertilizer-soil amendment combination labeled in
accordance with 8 Ill. Adm. Code 211.40 Subpart (b) is subject
to penalties, the larger penalty shall be assessed.
All penalties collected by the Department under this
Section shall be deposited into the Fertilizer Control Fund.
Any penalty not paid within 60 days after receiving the notice
from the Department shall be submitted to the Attorney
General's office for collection. Exchanges between
manufacturers.
Nothing in this Act shall be construed to restrict or avoid
sales or exchanges of commercial fertilizers to each other by
importers, manufacturers or manipulators who mix fertilizer
materials for sale or as preventing the free and unrestricted
shipments of commercial fertilizer to manufacturers or

09700SB2010sam001 - 41 - LRB097 08213 CEL 51770 a
manipulators who have registered their brands as required by
the provisions of this Act.
(Source: Laws 1961, p. 3085.)
(505 ILCS 80/21) (from Ch. 5, par. 55.21)
Sec. 21. Exchanges between manufacturers
Constitutionality. Nothing in this Act shall be construed to
restrict or avoid sales or exchanges of fertilizers to each
other by importers, manufacturers or blenders who mix
fertilizer materials for sale or as preventing the free and
unrestricted shipments of fertilizer to manufacturers or
manipulators who have registered their brands as required by
the provisions of this Act.
If any clause, sentence, paragraph or part of this Act
shall for any reason be adjudged invalid by any court of
competent jurisdiction, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in
its operation to the clause, sentence, paragraph or part
thereof directly involved in the controversy in which such
judgment shall have been rendered.
(Source: Laws 1961, p. 3085.)
(505 ILCS 80/21.5 new)
Sec. 21.5. Constitutionality. If any clause, sentence,
paragraph, or part of this Act shall for any reason be adjudged
invalid by any court of competent jurisdiction, the judgment

09700SB2010sam001 - 42 - LRB097 08213 CEL 51770 a
shall not affect, impair, or invalidate the remainder thereof
but shall be confined in its operation to the clause, sentence,
paragraph, or part thereof directly involved in the controversy
in which the judgment shall have been rendered.
(505 ILCS 80/21.7 new)
Sec. 21.7. Home rule. The regulation of fertilizer under
this Act by any political subdivision of this State, including
home rule units, is specifically prohibited, except for
counties and municipalities with a population greater than
3,000,000. The regulation of fertilizer under this Act is an
exclusive power and function of the State, except as provided
in this paragraph, and is denial and limitation, under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution, of the power of a home rule unit to regulate
fertilizer or custom blends.
(505 ILCS 80/6b rep.)
Section 10. The Illinois Fertilizer Act of 1961 is amended
by repealing Section 6b.
Section 99. Effective date. This Act takes effect January
1, 2012.".