Short title
Short title. This Act may be cited as the Agricultural Production Contract Code. (Source: P.A. 93-522, eff. 1-1-05.)
Illinois · statute · 505 ILCS 17 · 15 active provisions
Short title. This Act may be cited as the Agricultural Production Contract Code. (Source: P.A. 93-522, eff. 1-1-05.)
Definitions. As used in this Act, unless the context otherwise requires: "Capital investment" means a purchase or lease of any of the following: (1) A structure used for producing or storing a commodity required to be provided by the producer under the terms of the production contract if the structure has a useful life…
Applicability. This Code applies to production contracts signed on or after January 1, 2005. (Source: P.A. 93-815, eff. 1-1-05.)
Limited applicability. This Act shall not apply to a production contract under the provisions of which the commodity is to be delivered by the producer to the contractor or the contractor's designee within 30 days after the date of the production agreement. (Source: P.A. 93-522, eff. 1-1-05.)
Readability of production contracts. (a) A production contract must comply with all of the following: (1) It must be in a typeface at least as large as 10-point modern, one-point leaded. (2) It must be divided and captioned by its various sections, have an index of the major provisions of the production contract and th…
Index. An index of the major portions of the contract and the pages on which they are found must be included with each production contract offered to a producer that exceeds 2 pages in length. The index must contain references for any of the following that are included in the contract: (1) The names of the parties to t…
Confidentiality clauses. A production contract may include a confidentiality provision, but communications with any of the following shall not be considered a breach of any such provision: (i) a producer's spouse; (ii) a producer's parents, siblings, and children of the age of majority if these persons are partners, sh…
Special provisions. If a production contract requires any special production or handling guidelines required by the producer, these provisions must be fully explained in the contract. These provisions include, but are not limited to, disease protocols for livestock and segregation or identity preservation for grain. (S…
Termination or alteration of contracts. (a) A contractor may not provide, offer, or execute a production contract that allows the contractor to unilaterally terminate the contract unless (i) the termination is the result of a legitimate force majeure as applied to the contractor or (ii) the producer breaches a material…
Investment requirements. (a) This Section applies to all production contracts that have capital investment requirements. (b) Except as provided in subsection (c), a contractor shall not take action to terminate or cancel a production contract until the contractor has done the following: (1) Provided the producer with w…
Enforcement; offenses; remedies. The Attorney General is primarily responsible for enforcing this Act. A violation of Section 20, 25, 30, or 35 is a business offense under the Unified Code of Corrections punishable by a fine of not more than $10,000 per offense. A producer may recover his or her actual damages for a co…
Statute of limitations. A claim that a production contract violates this Act must be filed within 4 years after the date on which the party alleging the violation knew or should have known of the existence of the violation. (Source: P.A. 93-522, eff. 1-1-05.)
Conflict with the Uniform Commercial Code. To the extent that any provision of this Act conflicts with or is inconsistent with any provision of the Uniform Commercial Code, the provision of this Act shall control. (Source: P.A. 93-522, eff. 1-1-05.)
(Amendatory provisions; text omitted). (Source: P.A. 93-522, eff. 1-1-05; text omitted.)
Effective date. This Act takes effect on January 1, 2005. (Source: P.A. 93-522, eff. 1-1-05.)