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.


LRB101 07591 SLF 52638 b

 

 

A BILL FOR

 

SB1761LRB101 07591 SLF 52638 b

1    AN ACT concerning agriculture.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Soil Amendment Act is amended by changing
5changing the title of the Act and Sections 1, 10, 15, 20, 25,
630, 35, 40, 45, and 50 as follows:
 
7    (505 ILCS 120/Act title)
8An Act in relation to agriculture soil amendments.
 
9    (505 ILCS 120/1)  (from Ch. 5, par. 2801-1)
10    Sec. 1. Short title. This Act may be cited as the Soil,
11Plant, and Additive Amendment Act.
12(Source: P.A. 87-394.)
 
13    (505 ILCS 120/10)  (from Ch. 5, par. 2801-10)
14    Sec. 10. Definitions. As used in this Act:
15    "Active ingredient" means a substance in a product, whether
16a bacterial agent, mineral element, or chemical compound that
17performs the claim or purpose for which the product is intended
18but is not a fertilizer material or any chemical registered
19with FIFRA.
20    "Additive" means a substance or a mixture of substances
21incorporated with or on a fertilizer or fertilizer material or

 

 

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1parts thereof including anhydrous ammonia and low-pressure
2nitrogen solutions as defined in Title 8, part 215 of the
3Illinois Administrative Code for an enhanced efficiency
4fertilizer or; (2) un-manipulated animal or vegetable manure,
5or both, or organic by-products or organic products intended
6for nutrient management; but is not a fertilizer material or
7any chemical registered with FIFRA.
8    "Amendment" means either a soil amendment or plant
9amendment.
10    "Brand" means a term, design, trademark, product name, or
11other specific designation under which individual additives or
12soil amendments are distributed.
13    "Bulk" means in a nonpackaged form.
14    "Department" means the Department of Agriculture.
15    "Director" means the Director of the Department of
16Agriculture.
17    "Distribute" means offer or hold for sale, sell, barter,
18give away, ship, deliver for shipment, receive and then
19deliver, or offer to deliver an additive or a soil amendment in
20this State.
21    "Distributor" means any person who distributes an additive
22or a soil amendment in this State.
23    "FIFRA" means the Federal Insecticide, Fungicide, and
24Rodenticide Act.
25    "Inert ingredient" means the non-active substance present
26in an additive or amendments.

 

 

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1    "Investigational allowance" means an allowance for
2variations in analytical determination inherent in the taking,
3preparation, and analysis of an official sample of an addictive
4or a soil amendment.
5    "Label" means all written, printed, or graphic material on
6or attached to the immediate container or wrapping or the
7statement accompanying an additive or a soil amendment.
8    "Labeling" means the label and all other written, printed,
9or graphic material accompanying an additive or a soil
10amendment or referring to it in any other media including web
11sites and e-mails used to disseminate information to the public
12in promoting the sale of an additive or a soil amendment.
13    "Minimum percentage" means the percent of active
14ingredient or the soil amending ingredient that must be present
15in a product before the product will be accepted for
16registration or offered for sale.
17    "Official sample" means any sample of an additive or a soil
18amendment taken by the Director or his or her agent or designee
19and designated as "official" by the Director.
20    "Other ingredient" means the non-soil amending substance
21present in soil amendment products.
22    "Percent" or "percentage" means a part of the whole by
23weight.
24    "Person" means an individual, partnership, association,
25fiduciary, corporation, or other organized group of persons
26whether incorporated or not.

 

 

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1    "Plant amendment" means any substance applied to plants or
2seeds that is intended to improve germination, growth, yield,
3product quality, reproduction, flavor, or other desirable
4characteristics of plants other than fertilizer, an additive,
5soil amendment, liming materials, animal and vegetable
6manures, or other materials which may be exempted by
7regulation, including, but not limited to, plant growth
8regulators or stimulants, silicates, or vitamins. A chemical
9registered as a pesticide under FIFRA is not a plant amendment
10for purposes of this Act.
11    "Registrant" means the person who registers additives or
12soil amendments under the provisions of this Act.
13    "Soil amendment" means any substance or material about
14which it is claimed that it will and is intended to improve the
15physical, chemical, biochemical, biological, or other
16characteristics of the soil or otherwise affect soil and
17therefore is claimed to enhance crop production capacity or
18increase crop yield. The term does not include fertilizer
19material, additive, plant amendment, agricultural limestone,
20marl, burnt or hydrated lime, sewage sludge produced by a
21sanitary district, or animal or vegetable manure that has not
22been processed or manipulated to chemically alter it. The term
23includes, but is not limited to, several soil and plant
24additive materials defined and referred to as soil
25conditioners, ; or wetting agents and surfactants, ; or
26biological inoculants and activators; or plant growth

 

 

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1regulators and stimulants. Any chemical registered with as a
2pesticide under FIFRA is not a soil amendment for purposes of
3this Act.
4    "Soil amending ingredient" means the substance in a soil
5amendment product, whether a bacterial agent, mineral element,
6or chemical compound, that acts to improve soil or enhance crop
7production but is not a fertilizing material.
8(Source: P.A. 87-394.)
 
9    (505 ILCS 120/15)  (from Ch. 5, par. 2801-15)
10    Sec. 15. Registration.
11    (a) Each On and after July 1, 1992, each separately
12identified additive or soil amendment shall be registered with
13the Director before being distributed in this State.
14Application for registration shall be submitted on forms
15furnished or approved by the Department and shall be
16accompanied by a fee of $250 per product. A registration shall
17expire on December 31 of the year it is issued.
18    (b) The registrant shall submit to the Director at the time
19of application for registration a copy of the label and any
20advertising literature for the additive or soil amendment. Upon
21approval by the Director, the registrant shall be furnished a
22certified copy of the registration.
23    Before registering any additive or soil amendment, the
24Director shall require evidence to substantiate the claims made
25for the additive or soil amendment and proof of the value and

 

 

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1usefulness of the additive or soil amendment ingredient.
2    (c) The Director may, by rule, set the minimum amount of an
3additive or a soil amendment ingredient and soil amendment
4ingredients that must be present before an additive or a soil
5amendment product can be registered and distributed in this
6State.
7    (d) A distributor shall not be required to register an
8additive or a soil amendment product that is already registered
9under this Act if the label does not differ in any respect.
10    (e) If an application for renewal of registration for a an
11additive or soil amendment is not received within 30 days after
12the registration expiration date and the soil amendment product
13is found to be distributed in the State, a penalty of a $100
14per product shall be assessed and added to the original fee and
15shall be paid before registration will be granted.
16(Source: P.A. 87-394.)
 
17    (505 ILCS 120/20)  (from Ch. 5, par. 2801-20)
18    Sec. 20. Labeling.
19    (a) Except for materials exempted by rule, On and after
20July 1, 1992, the following information shall appear on the
21face or display side in a readable and conspicuous form on
22every additive or soil amendment product container or shall
23accompany each bulk order of an additive or a soil amendment
24product distributed in this State and shall be considered the
25label:

 

 

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1        (1) Net weight.
2        (2) Brand (or product) name.
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.
7        (4) Purpose of the product.
8        (5) Directions for use.
9        (6) Name and address of registrant or person
10    distributing the product in this State.
11    (b) The Director may require proof of claims made or
12usefulness or value of any additive or soil amendment product.
13The Director may rely on experimental data, evaluations, or
14advice from sources such as the Agricultural Experiment Station
15and other professionally trained scientists for the required
16proof.
17    (c) No additive or soil amending ingredient may be listed
18or guaranteed on the label without the permission of the
19Director. The Director shall allow ingredients to be listed if
20satisfactory proof of value and usefulness is provided that
21substantiates the usefulness and value of the ingredient and
22supports the claims made. When an additive or a soil amending
23ingredient is allowed to be listed or guaranteed, it must be
24determinable by laboratory methods unless otherwise exempted
25by the Director and is subject to inspection and official
26sample analysis.

 

 

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1    (d) The Director shall require the listing on the label of
2all substances included as other ingredients in each additive
3or soil amendment product.
4    (e) The Director may allow labeling by volume rather than
5by weight.
6    (f) If the Director finds that a registered additive or
7soil amendment product contains plant nutrient ingredients,
8regardless of amount, the Director he or she may require the
9label to so state.
10(Source: P.A. 87-394.)
 
11    (505 ILCS 120/25)  (from Ch. 5, par. 2801-25)
12    Sec. 25. Cancellation, suspension, or refusal of
13registration.
14    (a) The Director may refuse to register an additive or a
15soil amendment or cancel or suspend an additive or a soil
16amendment registration if:
17        (1) the composition of the additive or soil amendment
18    does not warrant the claims made;
19        (2) the additive or soil amendment does not comply with
20    the provisions of this Act or its rules;
21        (3) the labeling or other materials required for
22    registration do not comply with the provisions of this Act
23    or its rules;
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.
4(Source: P.A. 87-394.)
 
5    (505 ILCS 120/30)  (from Ch. 5, par. 2801-30)
6    Sec. 30. Inspection, sampling analysis.
7    (a) The Director shall inspect, sample, and make analyses
8or test additives or soil amendments distributed within this
9State at any time and place, and to the extent deemed
10necessary, to determine that additive or soil amendment
11products comply with the requirements of this Act or its rules.
12    (b) The Director may enter upon public or private premises
13during regular business hours in order to have access to
14additives or soil amendments subject to this Act as well as
15records relating to their distribution.
16    (c) The methods of analysis and sampling shall be those
17adopted by the Director from sources such as the Association of
18Official Analytical Chemists (AOAC) or other comparable
19sources deemed appropriate by and acceptable to the Director.
20    (d) The Director may, by rule, establish inspection
21procedures and fees not to exceed 0.10 cents per pound for
22additives, soil amendment products, or both, distributed in
23this State.
24(Source: P.A. 87-394.)
 

 

 

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1    (505 ILCS 120/35)  (from Ch. 5, par. 2801-35)
2    Sec. 35. Misbranding or adulteration.
3    (a) An additive or A soil amendment is misbranded if:
4        (1) its labeling is misleading or false in any
5    particular;
6        (2) it is an imitation of or is distributed under the
7    name of another additive or soil amendment;
8        (3) it is not labeled as required by this Act or its
9    rules;
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
15        (5) it does not conform to ingredient form, minimum
16    label guarantee, and investigational allowance in rules
17    adopted by the Department.
18    (b) An additive or A soil amendment that contains any
19deleterious or harmful agent in amounts sufficient to render it
20injurious to man, animals, aquatic life, or beneficial plants
21when used in accordance with label directions shall be deemed
22adulterated.
23    (c) An additive or A soil amendment containing weed seed or
24unwanted crop seed shall be deemed adulterated.
25    (d) An additive or A soil amendment that has a composition
26different from that claimed on its label shall be deemed

 

 

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1adulterated.
2(Source: P.A. 87-394.)
 
3    (505 ILCS 120/40)  (from Ch. 5, par. 2801-40)
4    Sec. 40. Stop sale; use or removal order.
5    (a) Whenever the Director has reason to believe an additive
6or a soil amendment is being distributed in violation of this
7Act or its rules, he or she may issue and serve a written order
8to stop sale, stop use, or regulate removal upon an owner,
9operator, manager, or agent in charge of the additive or soil
10amendment.
11    (b) The Director shall provide the registrant, if different
12from the person served under subsection (a), with a copy of any
13order when corrective action appears to be the responsibility
14of the registrant.
15    (c) If an owner, operator, manager, or agent is not
16available for service of an order upon him or her, the Director
17shall attach the order to the additive or soil amendment
18product and notify the registrant.
19    (d) The Director shall remove or vacate an order by written
20notice when the violated provisions of this Act or its rules
21have been complied with, the conditions specified have been
22met, or the violation has been otherwise disposed of by either
23administrative or judicial action.
24    (e) When the Director has reason to believe that an
25additive or a soil amendment being distributed in this State

 

 

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1may be injurious to plants, animals, or man when used in
2accordance with label directions, he or she may issue an order
3to remove the additive or soil amendment from the State and
4establish requirements to effect the expeditious removal of the
5additive or soil amendment without adverse effects to man or
6the environment.
7(Source: P.A. 87-394.)
 
8    (505 ILCS 120/45)  (from Ch. 5, par. 2801-45)
9    Sec. 45. Rules.
10    (a) The Director shall, after due notice and opportunity
11for public hearing according to the Illinois Administrative
12Procedure Act, adopt any rules necessary to administer,
13implement, and enforce this Act, including but not limited to,
14regulations for: (i) exempt material; (ii) inspection; (iii)
15labeling; (iv) sampling; (v) records; (vi) analytical methods;
16(vii) form, minimum percentages, and investigational allowance
17and penalties of either an additive or a soil amendment
18ingredient or additive or soil amendment; (viii) misbranding;
19(ix) adulteration; and (x) monetary penalties not otherwise set
20forth in this Act.
21(Source: P.A. 87-394.)
 
22    (505 ILCS 120/50)  (from Ch. 5, par. 2801-50)
23    Sec. 50. Hearing; notice; injunction.
24    (a) The Department, over the signature of the Director, is

 

 

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1authorized to issue subpoenas and bring before the Department
2any person or persons in this State to take testimony orally,
3by deposition, or by exhibit, in the same manner prescribed by
4law in judicial proceedings and civil cases in the circuit
5courts of this State. The Director is authorized to issue
6subpoenas duces tecum for records relating to an additive or a
7soil amendment distributor's or registrant's business.
8    (b) The Department, over the signature of the Director, may
9apply to any court for a temporary restraining order or a
10preliminary or permanent injunction restraining any person
11from violating or continuing to violate any provision of this
12Act or its rules. An injunction issued under this Section shall
13be issued without bond.
14    (c) When an administrative hearing is held, the hearing
15officer, upon determination of a violation of this Act, shall
16levy and the Department shall collect administrative penalties
17on a per-occurrence basis as follows:
18        (1) A penalty of $500 shall be imposed for the
19    following violations:
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.
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.
26        (2) A penalty of $250 shall be imposed for the

 

 

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1    following violations:
2            (a) Thwarting or hindering the Director in the
3        performance of his or her duties by misrepresenting or
4        concealing facts or conditions.
5            (b) Distribution of an additive or a soil amendment
6        that is mislabeled or adulterated.
7        (3) A penalty of $100 shall be imposed for the
8    following violations:
9            (a) Distribution of an additive or a soil amendment
10        that does not have an accompanying label attached or
11        displayed.
12            (b) Failure to comply with any provision of this
13        Act or its rules.
14            (c) Distribution in this State of any additive or
15        soil amendment containing noxious weed seed.
16(Source: P.A. 87-394.)