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Public Act 91-0713
HB1822 Enrolled LRB9103015DHmgA
AN ACT to amend the Insect Pest and Plant Disease Act by
changing Sections 2 and 22.01.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Insect Pest and Plant Disease Act is
amended by changing Sections 2 and 22.01 as follows:
(505 ILCS 90/2) (from Ch. 5, par. 62)
Sec. 2. Words used in this Act shall be construed to
import either the plural or the singular, as the case
demands. For the purposes of this Act, the following terms
shall be construed, respectively, to mean:
Compliance agreement - A written agreement between a
person engaged in growing, handling, or moving nursery stock,
plants, and plant products, plant insects, or any combination
of those items and the Director, in which the former agrees
to specified conditions, requirements, or both, in order to
remain compliant with the terms of a plant or plant-insect
quarantine.
Devastating insect or plant disease - An insect or plant
disease, for which a quarantine exists, that the Director
determines could have a serious and devastating effect on the
nursery industry or environment.
Director - The Director of the Illinois Department of
Agriculture or his or her authorized representative.
Department - The Department of Agriculture of the State
of Illinois.
Insect Pests - Insects, crustaceans, arachnids and vermes
injurious to plants, plant products, animals and man.
Plant Diseases - Fungi bacteria, nematodes, protozoans
and viruses injurious to plants and plant products, and the
pathological condition in plants and plant products, caused
by fungi bacteria, nematodes, protozoans and viruses.
Nursery Stock - All field-grown and native trees,
Christmas trees, sod, shrubs, herbaceous perennials, vines,
cuttings, grafts, scions, buds, fruit-pits and other seeds of
fruit and ornamental trees and shrubs; also other plants and
plant products for, or capable of, propagation, excepting
field, vegetable and flower seeds, bedding plants, and other
herbaceous plants, bulbs and roots.
Plants and Plant Products - Trees, shrubs, vines, forage
and cereal plants and all other plants; cuttings, grafts,
scions, buds, and all other parts of plants; and fruit,
vegetables, roots, bulbs, seeds, wood, lumber, and all other
parts of plants and plant products.
Nursery - Any grounds or premises on or in which nursery
stock is propagated and grown or from which nursery stock is
collected for sale, or any grounds or premises on or in which
nursery stock is being fumigated, treated, packed or stored.
Nurseryman - Any person who owns, leases, manages, or is
in charge of a nursery, and who propagates nursery stock.
Nursery Dealer - Any person or landscaper not a grower
of nursery stock in this State, who buys, sells, ships, or
distributes nursery stock for commercial or monetary gain in
the State of Illinois.
Landscaper - Any person who is engaged in development and
decorative planting of gardens and grounds for commercial or
monetary gain and who uses nursery stock in his landscape
development.
Person - Includes a corporation, company, society,
association, partnership, governmental agency and any
individual or combination of individuals.
(Source: P.A. 88-292.)
(505 ILCS 90/22.01) (from Ch. 5, par. 82a)
Sec. 22.01. When an administrative hearing is held, the
hearing officer shall upon determination of a violation, on a
per-occurrence basis, assess an appropriate administrative
monetary penalty. The Department shall collect the
administrative monetary penalty which will be paid to the
Pesticide Control Fund to be used for the administration of
this Act for the following violations:
I. A fine of $150 shall be imposed for each of the
following violations:
A. Thwarting or hindering an inspection authorized or
required by this Act by misrepresenting or concealing facts
or conditions.
B. Selling, offering or exposing for sale, or
distributing nursery stock which is not accompanied by a
shipping tag or label bearing a copy of the certificate of
inspection or nursery dealer's certificate.
C. Failing to comply with any of the provisions of this
Act, or the rules and regulations promulgated hereunder for
which a fine for a specific violation is not specified.
D. Making a false declaration of acreage or causing any
concealment of nursery stock from inspection by the
Department.
E. Selling, offering for sale, or distributing nursery
stock or other article infested with injurious insect pests
or infected with injurious plant diseases.
II. A fine of $300 shall be imposed for each of the
following violations:
A. Failing to carry out the treatment or destruction of
any plant pest or regulated article in accordance with
official notification from the Director.
B. Selling, transporting, or offering for sale nursery
stock which has not been inspected and which is not covered
by a valid certificate of inspection.
C. Selling, offering or exposing for sale or delivering
any nursery stock without having a current certificate of
inspection or nursery dealer's certificate.
III. A fine of $500 shall be imposed for each of the
following violations:
A. Using an invalid, suspended, or revoked nursery
certificate or nursery dealer's certificate in the sale or
distribution of nursery stock.
B. Neglecting or refusing to comply with provisions of
this Act or any lawful order of the Director.
C. Moving any regulated article into or out of a
quarantined area unless such regulated article has been
treated or handled as provided by the requirements of said
quarantine.
D. Selling, installing or otherwise distributing nursery
stock or other article which has been placed on stop-sale.
IV. A fine of not less than $500 but not greater than
$5,000 shall be imposed for each of the following violations
related to a devastating insect or plant disease:
A. Thwarting or hindering an inspection by
misrepresenting or concealing facts or conditions related
to compliance with the terms of the quarantine.
B. Selling, offering for sale, or distributing
nursery stock or other articles infested with devastating
insects or plant diseases in violation of the quarantine.
C. Failing to carry out the treatment or
destruction of any devastating insect or plant disease or
regulated article as required under the terms of the
quarantine and in accordance with official notification
from the Director.
D. Moving any regulated article into or out of the
quarantined area unless the regulated article has been
treated or handled as provided by the requirements of the
quarantine.
E. Falsifying a compliance agreement under the
quarantine.
Any penalty not paid within 60 days of notice from the
Department shall be submitted to the Attorney General's
office for collection. Failure to pay a penalty shall also
be grounds for suspension or revocation of certificates and
permits.
(Source: P.A. 85-324.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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