Public Act 096-0394
Public Act 0394 96TH GENERAL ASSEMBLY
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Public Act 096-0394
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| HB2442 Enrolled |
LRB096 06648 JDS 16732 b |
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| AN ACT concerning agriculture.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Seed Law is amended by adding | Section 2.144 and changing Sections 4.2b and 5 as follows:
| (505 ILCS 110/2.144 new)
| Sec. 2.144. Cool weather grasses. "Cool weather grasses" | include colonial bent grass, creeping bent grass, Kentucky | bluegrass, red fescue, tall fescue, chewings fescue, hard | fescue, annual ryegrass, intermediate ryegrass, and perennial | ryegrass.
| (505 ILCS 110/4.2b) (from Ch. 5, par. 404.2b)
| Sec. 4.2b. Labeling for seed mixtures for lawn or turf | purposes shall include:
| (1) The word "Mixed" or "Mixture" shall be stated with the | name of the mixture.
| (2) The heading "Pure Seed" and "Germination" shall be used | in the proper places.
| (3) Commonly accepted name of kind or kind and variety of | each
agricultural seed component in excess of 5% of the whole, | and the
percentage by weight of pure seed in order of its | predominance and in columnar form.
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| (4) Lot number or other lot identification.
| (5) Percentage by weight of agricultural seed other than | those required
to be named on the label.
| (6) Percentage by weight of inert matter.
| (7) Percentage by weight of all weed seeds.
| (8) For each agricultural seed named under (3) above:
| (a) Percentage of germination, exclusive of hard or | dormant seed;
| (b) Percentage of hard or dormant seed, if present;
| (c) Calendar month and year the test was completed to | determine such
percentages. Oldest test date shall be used.
| (9) Name and address of the person who labeled that seed, | or who sells,
offers or exposes that seed for sale within the | State.
| (10) For cool weather grasses and mixtures of cool weather | grasses, a "sell by" date that is no more than 15 months, | exclusive of the calendar month in which the test was | completed, after the date of the applicable test required under | this Act. | (Source: P.A. 85-717.)
| (505 ILCS 110/5) (from Ch. 5, par. 405)
| Sec. 5. Prohibitions. It is unlawful for any person to | sell, offer for sale, expose for sale
or transport for sale any | agricultural, vegetable or other seeds designated
by the | Department of Agriculture within this State:
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| (1) Without an annual permit from the Department of | Agriculture of the
State of Illinois to engage in such | business. All permits shall expire
annually as set by | regulation.
| (2) Unless the test to determine the percentage of | germination required
by Sections 4.2 through 4.5 shall have | been completed
within a 12-month period
(or 15-month period for | cool weather grasses) exclusive of the calendar month in which | the test was completed,
immediately prior to sale, exposure for | sale, or offering for sale or
transportation unless the seed is | in hermetically sealed packages or
containers.
| (3) Within a 36 month period, exclusive of the calendar | month in which
the test was completed, immediately prior to | sale, exposure for sale, or
offering for sale or | transportation, if the seed is in hermetically sealed
packages | or containers.
| (4) If such agricultural, vegetable or other seeds | designated by the
Department are not labeled in accordance with | this Act or having a false or
misleading labeling.
| (5) Pertaining to which there has been false or misleading | advertising.
| (6) Consisting of or containing prohibited noxious weed
| seeds. If prohibited noxious
weed seed is found in a sample of | seed, a stop sale order shall be issued.
Within 10 days | following the issuance of the stop sale order, the
Department | shall take another sample of the seed, and if no prohibited
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| noxious weed seed is found, the stop sale order shall be | removed.
| (7) Consisting of or containing restricted noxious weed | seeds per pound
in excess of the number prescribed by rules and | regulations
promulgated under this Act, or in excess of the | number declared on the
label attached to the container of the | seed or associated with the seed.
| (8) Containing more than 1.5% by weight of all weed seeds | in
chaffy seeds and native grasses or 1% by weight of weed seed | in all other
agricultural seed. Chaffy grasses shall be those | that are recognized by
the Association of Official Seed | Analysts and native grasses shall be
designated by regulation.
| (9) If any labeling, advertising, or other representations | subject to
this Act represents the seed to be certified or | registered seed unless (a)
it has been determined by a seed | certifying agency that such seed was
produced, processed, and | packaged, and conforms to standards of purity as
to kind or | variety, in compliance with rules and regulations of such | agency
pertaining to such seed; and (b) the seed bears an | official label issued
for such seed by a seed certifying agency | stating that the seed is
certified or registered.
| (10) Labeled with a brand, trademark or term taken from a | brand or
trademark unless such is clearly identified with the | word brand and as
being other than part of the variety name.
| (11) If the same brand designation is assigned to more
than | one variety or blend of soybean, wheat, oats, or barley.
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| (Source: P.A. 85-717.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 8/13/2009
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