SB1761 101ST GENERAL ASSEMBLY

LRB101 07591 SLF 52638 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1761

Introduced 2/15/2019, by Sen. Scott M. Bennett

SYNOPSIS AS INTRODUCED:

505 ILCS 120/Act title
505 ILCS 120/1	from Ch. 5, par. 2801-1
505 ILCS 120/10	from Ch. 5, par. 2801-10
505 ILCS 120/15	from Ch. 5, par. 2801-15
505 ILCS 120/20	from Ch. 5, par. 2801-20
505 ILCS 120/25	from Ch. 5, par. 2801-25
505 ILCS 120/30	from Ch. 5, par. 2801-30
505 ILCS 120/35	from Ch. 5, par. 2801-35
505 ILCS 120/40	from Ch. 5, par. 2801-40
505 ILCS 120/45	from Ch. 5, par. 2801-45
505 ILCS 120/50	from Ch. 5, par. 2801-50

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

A BILL FOR

AN ACT concerning agriculture.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Soil Amendment Act is amended by changing changing the title of the Act and Sections 1, 10, 15, 20, 25, 30, 35, 40, 45, and 50 as follows:

(505 ILCS 120/Act title)

An Act in relation to agriculture soil amendments.

(505 ILCS 120/1) (from Ch. 5, par. 2801-1)

Sec. 1. Short title. This Act may be cited as the Soil, Plant, and Additive Amendment Act.

(Source: P.A. 87-394.)

(505 ILCS 120/10) (from Ch. 5, par. 2801-10)

Sec. 10. Definitions. As used in this Act:

"Active ingredient" means a substance in a product, whether a bacterial agent, mineral element, or chemical compound that performs the claim or purpose for which the product is intended but is not a fertilizer material or any chemical registered with FIFRA.

"Additive" means a substance or a mixture of substances incorporated with or on a fertilizer or fertilizer material or parts thereof including anhydrous ammonia and low-pressure nitrogen solutions as defined in Title 8, part 215 of the Illinois Administrative Code for an enhanced efficiency fertilizer or; (2) un-manipulated animal or vegetable manure, or both, or organic by-products or organic products intended for nutrient management; but is not a fertilizer material or any chemical registered with FIFRA.

"Amendment" means either a soil amendment or plant amendment.

"Brand" means a term, design, trademark, product name, or other specific designation under which individual additives or soil amendments are distributed.

"Bulk" means in a nonpackaged form.

"Department" means the Department of Agriculture.

"Director" means the Director of the Department of Agriculture.

"Distribute" means offer or hold for sale, sell, barter, give away, ship, deliver for shipment, receive and then deliver, or offer to deliver an additive or a soil amendment in this State.

"Distributor" means any person who distributes an additive or a soil amendment in this State.

"FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act.

"Inert ingredient" means the non-active substance present in an additive or amendments.

"Investigational allowance" means an allowance for variations in analytical determination inherent in the taking, preparation, and analysis of an official sample of an addictive or a soil amendment.

"Label" means all written, printed, or graphic material on or attached to the immediate container or wrapping or the statement accompanying an additive or a soil amendment.

"Labeling" means the label and all other written, printed, or graphic material accompanying an additive or a soil amendment or referring to it in any other media including web sites and e-mails used to disseminate information to the public in promoting the sale of an additive or a soil amendment.

"Minimum percentage" means the percent of active ingredient or the soil amending ingredient that must be present in a product before the product will be accepted for registration or offered for sale.

"Official sample" means any sample of an additive or a soil amendment taken by the Director or his or her agent or designee and designated as "official" by the Director.

"Other ingredient" means the non-soil amending substance present in soil amendment products.

"Percent" or "percentage" means a part of the whole by weight.

"Person" means an individual, partnership, association, fiduciary, corporation, or other organized group of persons whether incorporated or not.

"Plant amendment" means any substance applied to plants or seeds that is intended to improve germination, growth, yield, product quality, reproduction, flavor, or other desirable characteristics of plants other than fertilizer, an additive, soil amendment, liming materials, animal and vegetable manures, or other materials which may be exempted by regulation, including, but not limited to, plant growth regulators or stimulants, silicates, or vitamins. A chemical registered as a pesticide under FIFRA is not a plant amendment for purposes of this Act.

"Registrant" means the person who registers additives or soil amendments under the provisions of this Act.

"Soil amendment" means any substance or material about which it is claimed that it will and is intended to improve the physical, chemical, biochemical, biological, or other characteristics of the soil or otherwise affect soil and therefore is claimed to enhance crop production capacity or increase crop yield. The term does not include fertilizer material, additive, plant amendment, agricultural limestone, marl, burnt or hydrated lime, sewage sludge produced by a sanitary district, or animal or vegetable manure that has not been processed or manipulated to chemically alter it. The term includes, but is not limited to, several soil and plant additive materials defined and referred to as soil conditioners, ; or wetting agents and surfactants, ; or biological inoculants and activators; or plant growth regulators and stimulants. Any chemical registered with as a pesticide under FIFRA is not a soil amendment for purposes of this Act.

"Soil amending ingredient" means the substance in a soil amendment product, whether a bacterial agent, mineral element, or chemical compound, that acts to improve soil or enhance crop production but is not a fertilizing material.

(Source: P.A. 87-394.)

(505 ILCS 120/15) (from Ch. 5, par. 2801-15)

Sec. 15. Registration.

(a) Each On and after July 1, 1992, each separately identified additive or soil amendment shall be registered with the Director before being distributed in this State. Application for registration shall be submitted on forms furnished or approved by the Department and shall be accompanied by a fee of $250 per product. A registration shall expire on December 31 of the year it is issued.

(b) The registrant shall submit to the Director at the time of application for registration a copy of the label and any advertising literature for the additive or soil amendment. Upon approval by the Director, the registrant shall be furnished a certified copy of the registration.

Before registering any additive or soil amendment, the Director shall require evidence to substantiate the claims made for the additive or soil amendment and proof of the value and usefulness of the additive or soil amendment ingredient.

(c) The Director may, by rule, set the minimum amount of an additive or a soil amendment ingredient and soil amendment ingredients that must be present before an additive or a soil amendment product can be registered and distributed in this State.

(d) A distributor shall not be required to register an additive or a soil amendment product that is already registered under this Act if the label does not differ in any respect.

(e) If an application for renewal of registration for a an additive or soil amendment is not received within 30 days after the registration expiration date and the soil amendment product is found to be distributed in the State, a penalty of a $100 per product shall be assessed and added to the original fee and shall be paid before registration will be granted.

(Source: P.A. 87-394.)

(505 ILCS 120/20) (from Ch. 5, par. 2801-20)

Sec. 20. Labeling.

(a) Except for materials exempted by rule, On and after July 1, 1992, the following information shall appear on the face or display side in a readable and conspicuous form on every additive or soil amendment product container or shall accompany each bulk order of an additive or a soil amendment product distributed in this State and shall be considered the label:

(1) Net weight.

(2) Brand (or product) name.

(3) Guaranteed analysis, which shall include the name of all active soil amending and inert other ingredients and the percentage of the whole product each ingredient constitutes.

(4) Purpose of the product.

(5) Directions for use.

(6) Name and address of registrant or person distributing the product in this State.

(b) The Director may require proof of claims made or usefulness or value of any additive or soil amendment product. The Director may rely on experimental data, evaluations, or advice from sources such as the Agricultural Experiment Station and other professionally trained scientists for the required proof.

(c) No additive or soil amending ingredient may be listed or guaranteed on the label without the permission of the Director. The Director shall allow ingredients to be listed if satisfactory proof of value and usefulness is provided that substantiates the usefulness and value of the ingredient and supports the claims made. When an additive or a soil amending ingredient is allowed to be listed or guaranteed, it must be determinable by laboratory methods unless otherwise exempted by the Director and is subject to inspection and official sample analysis.

(d) The Director shall require the listing on the label of all substances included as other ingredients in each additive or soil amendment product.

(e) The Director may allow labeling by volume rather than by weight.

(f) If the Director finds that a registered additive or soil amendment product contains plant nutrient ingredients, regardless of amount, the Director he or she may require the label to so state.

(Source: P.A. 87-394.)

(505 ILCS 120/25) (from Ch. 5, par. 2801-25)

Sec. 25. Cancellation, suspension, or refusal of registration.

(a) The Director may refuse to register an additive or a soil amendment or cancel or suspend an additive or a soil amendment registration if:

(1) the composition of the additive or soil amendment does not warrant the claims made;

(2) the additive or soil amendment does not comply with the provisions of this Act or its rules;

(3) the labeling or other materials required for registration do not comply with the provisions of this Act or its rules;

(4) the registrant used fraudulent or deceptive practices to secure registration; or

(5) it is determined that an additive or a soil amendment poses a risk of unreasonable adverse effects to man or the environment.

(Source: P.A. 87-394.)

(505 ILCS 120/30) (from Ch. 5, par. 2801-30)

Sec. 30. Inspection, sampling analysis.

(a) The Director shall inspect, sample, and make analyses or test additives or soil amendments distributed within this State at any time and place, and to the extent deemed necessary, to determine that additive or soil amendment products comply with the requirements of this Act or its rules.

(b) The Director may enter upon public or private premises during regular business hours in order to have access to additives or soil amendments subject to this Act as well as records relating to their distribution.

(c) The methods of analysis and sampling shall be those adopted by the Director from sources such as the Association of Official Analytical Chemists (AOAC) or other comparable sources deemed appropriate by and acceptable to the Director.

(d) The Director may, by rule, establish inspection procedures and fees not to exceed 0.10 cents per pound for additives, soil amendment products, or both, distributed in this State.

(Source: P.A. 87-394.)

(505 ILCS 120/35) (from Ch. 5, par. 2801-35)

Sec. 35. Misbranding or adulteration.

(a) An additive or A soil amendment is misbranded if:

(1) its labeling is misleading or false in any particular;

(2) it is an imitation of or is distributed under the name of another additive or soil amendment;

(3) it is not labeled as required by this Act or its rules;

(4) it claims to be or is represented to be an additive or amendment or contain an ingredient a soil amendment unless the additive or soil amendment or ingredient conforms to definitions of identity as prescribed by rule; or

(5) it does not conform to ingredient form, minimum label guarantee, and investigational allowance in rules adopted by the Department.

(b) An additive or A soil amendment that contains any deleterious or harmful agent in amounts sufficient to render it injurious to man, animals, aquatic life, or beneficial plants when used in accordance with label directions shall be deemed adulterated.

(c) An additive or A soil amendment containing weed seed or unwanted crop seed shall be deemed adulterated.

(d) An additive or A soil amendment that has a composition different from that claimed on its label shall be deemed adulterated.

(Source: P.A. 87-394.)

(505 ILCS 120/40) (from Ch. 5, par. 2801-40)

Sec. 40. Stop sale; use or removal order.

(a) Whenever the Director has reason to believe an additive or a soil amendment is being distributed in violation of this Act or its rules, he or she may issue and serve a written order to stop sale, stop use, or regulate removal upon an owner, operator, manager, or agent in charge of the additive or soil amendment.

(b) The Director shall provide the registrant, if different from the person served under subsection (a), with a copy of any order when corrective action appears to be the responsibility of the registrant.

(c) If an owner, operator, manager, or agent is not available for service of an order upon him or her, the Director shall attach the order to the additive or soil amendment product and notify the registrant.

(d) The Director shall remove or vacate an order by written notice when the violated provisions of this Act or its rules have been complied with, the conditions specified have been met, or the violation has been otherwise disposed of by either administrative or judicial action.

(e) When the Director has reason to believe that an additive or a soil amendment being distributed in this State may be injurious to plants, animals, or man when used in accordance with label directions, he or she may issue an order to remove the additive or soil amendment from the State and establish requirements to effect the expeditious removal of the additive or soil amendment without adverse effects to man or the environment.

(Source: P.A. 87-394.)

(505 ILCS 120/45) (from Ch. 5, par. 2801-45)

Sec. 45. Rules.

(a) The Director shall, after due notice and opportunity for public hearing according to the Illinois Administrative Procedure Act, adopt any rules necessary to administer, implement, and enforce this Act, including but not limited to, regulations for: (i) exempt material; (ii) inspection; (iii) labeling; (iv) sampling; (v) records; (vi) analytical methods; (vii) form, minimum percentages, and investigational allowance and penalties of either an additive or a soil amendment ingredient or additive or soil amendment; (viii) misbranding; (ix) adulteration; and (x) monetary penalties not otherwise set forth in this Act.

(Source: P.A. 87-394.)

(505 ILCS 120/50) (from Ch. 5, par. 2801-50)

Sec. 50. Hearing; notice; injunction.

(a) The Department, over the signature of the Director, is authorized to issue subpoenas and bring before the Department any person or persons in this State to take testimony orally, by deposition, or by exhibit, in the same manner prescribed by law in judicial proceedings and civil cases in the circuit courts of this State. The Director is authorized to issue subpoenas duces tecum for records relating to an additive or a soil amendment distributor's or registrant's business.

(b) The Department, over the signature of the Director, may apply to any court for a temporary restraining order or a preliminary or permanent injunction restraining any person from violating or continuing to violate any provision of this Act or its rules. An injunction issued under this Section shall be issued without bond.

(c) When an administrative hearing is held, the hearing officer, upon determination of a violation of this Act, shall levy and the Department shall collect administrative penalties on a per-occurrence basis as follows:

(1) A penalty of $500 shall be imposed for the following violations:

(a) Neglect or refusal, after notice in writing, to comply with provisions of this Act or its rules or any lawful order of the Director.

(b) Sale, transport, disposal, or distribution of an additive or a soil amendment that has been placed under a stop-sale order.

(2) A penalty of $250 shall be imposed for the following violations:

(a) Thwarting or hindering the Director in the performance of his or her duties by misrepresenting or concealing facts or conditions.

(b) Distribution of an additive or a soil amendment that is mislabeled or adulterated.

(3) A penalty of $100 shall be imposed for the following violations:

(a) Distribution of an additive or a soil amendment that does not have an accompanying label attached or displayed.

(b) Failure to comply with any provision of this Act or its rules.

(c) Distribution in this State of any additive or soil amendment containing noxious weed seed.

(Source: P.A. 87-394.)