505 ILCS 80/1
Short title
Short title. This Act shall be known and may be cited as the "Illinois Fertilizer Act of 1961". (Source: Laws 1961, p. 3085.)
Illinois Compiled Statutes 505 ILCS 80 — Illinois Fertilizer Act of 1961.
Illinois · statute · 505 ILCS 80 · 24 active provisions
505 ILCS 80/2
Enforcing official
Enforcing official. The Director of the Department of Agriculture, hereinafter referred to as the "Director", shall administer this Act. (Source: P.A. 97-960, eff. 8-15-12.)
505 ILCS 80/3
Definitions of words and terms
Definitions of words and terms. When used in this Act unless the context otherwise requires: "AAPFCO" means the Association of American Plant Food Control Officials. "Adulterated" shall apply to any fertilizer: (i) that contains any deleterious or harmful substance, defined under the provisions of this Act or its rules…
505 ILCS 80/4
License and product registration
License and product registration. (a) Each brand and grade of fertilizer shall be registered by the entity 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 forms furnished by the Director, a…
505 ILCS 80/5
Labeling
Labeling. (a) Any fertilizer or custom blend 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: (1) net weight; (2) brand and grade; provided, that the grade shall not be required when no primary nutr…
505 ILCS 80/6
Inspection fees
Inspection fees. (a) There shall be paid to the Director for all fertilizers distributed in this State an inspection fee at the rate of 25¢ per ton with a minimum inspection fee of $15. Sales or exchanges between registrants are hereby exempted from the inspection fee. On individual packages of fertilizers containing 5…
505 ILCS 80/6a
Nutrient Research and Education Council
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 implem…
505 ILCS 80/7
Inspection, sampling, analysis
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 fertilizers distributed within this State at a time and place and to such an extent as the Director considers necessary to determine whether such fertilizers are i…
505 ILCS 80/8
Plant food deficiency
Plant food deficiency. If any fertilizer 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 in accordance with the following provisions: (1) When the value for a single ingredient fertilizer co…
505 ILCS 80/9
Commercial value
Commercial value. On the basis of information secured from entities holding a license 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 (N) $6.00 per unit (30¢ per pound) Total P2O5 in Rock Phosphate $1.44 per unit (7.2¢…
505 ILCS 80/10
Minimum plant food content
Minimum plant food content. No superphosphate containing less than 18% available phosphate nor any mixed fertilizer or custom blend, other than a custom blend consisting in part of unacidulated mineral phosphatic materials, in which the sum of the guarantees for the nitrogen, available phosphate, and soluble potash tot…
505 ILCS 80/11
Misbranding or adulteration
Misbranding or adulteration. It is unlawful for any entity to distribute a fertilizer in this State that is misbranded or adulterated within the meaning of Section 3 of this Act or the rules adopted by the Department. (Source: P.A. 97-960, eff. 8-15-12.)
505 ILCS 80/12
Tonnage reports; records
Tonnage reports; records. (a) Any entity distributing fertilizer to a consumer or end user in this State shall provide the 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. Speci…
505 ILCS 80/13
Publications
Publications. The Director shall publish at least semi-annually and in such forms as he may deem proper: (a) Information concerning the distribution of fertilizers by counties. (b) Results of analysis based on official samples of fertilizers distributed within the state as compared with the analysis guaranteed under Se…
505 ILCS 80/14
Rules and regulations
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, custom blends, the equipment, containers, and storage pertaining to anhydrous ammonia, and low-…
505 ILCS 80/15
Short weight
Short weight. If any fertilizer in the possession of the consumer or end user is found by the Director to be short in weight, the registrant of such fertilizer shall, within 30 days after official notice from the Director, pay to the consumer or end user a penalty equal to 4 times the value of the actual shortage. (Sou…
505 ILCS 80/16
Cancellation, suspension, or refusal of registrations and licenses
Cancellation, suspension, or refusal of registrations and licenses. The Director may refuse to register a fertilizer or cancel or suspend a fertilizer registration, custom blend, or fertilizer license if: (1) the composition of the fertilizer does not warrant the claims made by the registrant; (2) the fertilizer does n…
505 ILCS 80/17
Stop sale; use or removal order
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 Directo…
505 ILCS 80/18a
Location and operation
Location and operation. (a) Before installing 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 zonin…
505 ILCS 80/19
Seizures, prosecutions, and injunctions
Seizures, prosecutions, and injunctions. (a) Any lot of fertilizer, custom blend, or speciality fertilizer not in compliance with the provisions of this Act may be subjected to seizure on complaint of the Director or his or her authorized agent to the circuit court of the county in which the fertilizer is located. In t…
505 ILCS 80/20
Administrative hearings; notice
Administrative hearings; notice. Any entity so notified of violating this Act or its rules shall be given the opportunity to be heard as may be prescribed by the Director. When an administrative hearing is held, the hearing officer, upon determination of a violation of this Act, shall levy and the Department shall coll…
505 ILCS 80/21
Exchanges between manufacturers
Exchanges between manufacturers. 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 blenders who…
505 ILCS 80/21.5
Constitutionality
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 shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, or part thereo…
505 ILCS 80/23
Effective date
Effective date. This Act shall take effect January 1, 1962. (Source: Laws 1961, p. 3085.)