Illinois Administrative Code

Section 220.170 Comprehensive Work Plan for Coming Year Submitted to Director and Control Authority Prior to December 31 of each year, each weed control superintendent shall prepare and submit to the Control Authority, with a copy to the Director, a comprehensive work plan for th…

Section 220.180 General Notices a) Each Control Authority shall publish general notices to control and eradicate noxious weeds on all areas subject to its jurisdiction. These public notices shall be made on a schedule determined by the Control Authority to secure the best results…

Section 220.190 Individual Notices a) Each Control Authority shall serve individual notices to control and eradicate noxious weeds in accordance with Sections 9, 10, and 21 of the Act. b) The form for individual notices shall be as shown in Illustration C of this Part. c) Copies …

Section 220.20 Duty of Director It shall be the duty of the Director of Agriculture or his designated representative to enforce the provisions and intent of the Act and these rules.

Section 220.200 Quarantine of Land; Approval by Director; Notice of Quarantine Form a) When a Control Authority deems it necessary to quarantine land under the provisions of Section 11 of the Act, it shall immediately request the approval of the Director prior to initiating the q…

Section 220.210 Noxious Weeds Designated as Capable of Dissemination Through Articles The following noxious weeds are designated as being capable of dissemination through articles as outlined in Section 220.220. a) Marihuana (Cannabis sativa L.); b) Canada Thistle (Cirsium arvens…

Section 220.220 Articles Designated as Capable of Disseminating Noxious Weeds Articles designated as capable of disseminating noxious weeds include, but are not limited to, the following: a) Machinery or equipment, particularly combines, hay balers, earth-moving machinery and wel…

Section 220.230 Removal of Articles or Weeds from Premises; Treatment An article, infested with noxious weeds, noxious weed seed, or other propagating part of a noxious weed, shall not be moved from the premises where the infestation occurred without permission of the Control Aut…

Section 220.240 Hearing and Procedure on Protest of Charges by Control Authority a) If any person is dissatisfied with the amount of any charge made against him by a Control Authority for control or eradication work, he may file a written protest with the Director. Such protest s…

Section 220.250 Severability If any Section, subsection, sentence or clause of this Part is judged invalid, that adjudication shall not affect the validity of this Part as a whole or any Section, subsection, sentence or clause of this Part not judged invalid. (Source: Added at 26…

Section 220.30 Duty of Each Control Authority It shall be the duty of each "Control Authority" to carry out its duties and responsibilities as set forth in the Act and these rules.

Section 220.40 Control Authority Membership a) The governing body of each county in the State shall be the Control Authority for its respective county and hereafter shall be referred to as the "Control Authority." b) Each Control Authority shall develop and coordinate a program f…

Section 220.50 Definitions Terms defined for the purpose of this Part, unless the context requires otherwise. "Act" means the Illinois Noxious Weed Law [505 ILCS 100] . "Control", as applied to weed control, means to prevent weeds from spreading or being spread by dissemination o…

Section 220.60 Noxious Weeds The following plants within the sovereign territory of the State of Illinois are designated and declared noxious weeds: a) Marihuana (Cannabis sativa L.); b) Giant Ragweed (Ambrosia trifida L.) within the corporate limits of cities, villages, and inco…

Section 220.70 Noxious Weed Description and Control (Repealed) (Source: Repealed at 26 Ill. Reg. 14644, effective September 23, 2002)

Section 220.80 Control Authorities' Responsibilities Each Control Authority shall carry out the duties and responsibilities set forth in the Act and these rules with respect to the land under its jurisdiction. These duties shall include, but not be limited to the following: a) Es…

Section 220.90 Weed Control Superintendents Certified by Director; Control Authority to Set Compensation, Bonding, Etc. Each Control Authority may employ one or more weed control superintendents who must be certified by the Director to carry out the Authority's duties and respons…

Section 220.ILLUSTRATION C Individual Notice to Control or Eradicate Weeds ___________________ COUNTY WEED CONTROL AUTHORITY INDIVIDUAL NOTICE TO CONTROL OR ERADICATE WEEDS Name Date Address City Zip Dear Landowner: Inspection of lands owned or operated by you and located _______…

Section 11.2 of the Act requires all seed permit holders to produce a "seed disposition report." Such reports shall be produced on a calendar year basis and shall accompany the seed permit holder's annual renewal application. The seed disposition report shall express the total am…

Section 230.10 Methods of Sampling, Inspecting, Analyzing, Testing and Examining Agricultural, Vegetable, and Other Seeds and Tolerances to be Followed in the Administration of the Act The terms used in seed testing and the methods of sampling, inspecting, analyzing, testing and …

Section 230.100 Labeling Treated Seed All seed treated as defined in Section 4 of the Act shall be labeled to show the following: a) 1) Contents of label. Any agricultural seed or any mixture thereof or any vegetable seed or any mixture thereof for seeding purposes that has been …

Section 230.110 Plant Variety Protection Act a) The Illinois Department of Agriculture through written cooperative agreement with the United States Department of Agriculture is authorized and empowered to carry out the provisions of the "Plant Variety Protection Act" (7 U.S.C. 23…

Section 230.120 Sampling Small Containers in the Administration of this Act Seed in small containers shall be sampled by taking the entire unopened containers in sufficient number to supply a minimum size Official Seed Sample as required by the Illinois Seed Law and/or the Federa…

Section 230.130 Hybrid The labeling of hybrids shall be in accordance with the rules of the United States Department of Agriculture as currently set forth by virtue of the authority of the Federal Seed Act (7 CFR 201.2(y) and 201.11a) Hybrid, and as amended in future amendments.

Section 230.140 Germination Standards for Vegetable Seeds The following are minimum germination standards established for vegetable seeds which include any hard seeds in accordance with Section 4.4 of The Illinois Seed Law (Ill. Rev. Stat. 1987, ch. 5, par. 404.4): PERCENT Artich…

Section 230.150 Native grasses The following list of native grasses is hereby established in accordance with Section 5 of The Illinois Seed Law (Ill. Rev. Stat. 1987, ch. 5, par. 405): COMMON NAME SCIENTIFIC NAME Big Bluesteam Andropogon gerardii Indian Grass Sorghastrum nutans S…

Section 230.160 Grower's Declaration (Repealed) (Source: Repealed at 12 Ill. Reg. 10437, effective July 1, 1988)

Section 230.170 Labeling of Seed Distributed to Wholesalers The labeling of seed supplied to a wholesaler or distributor may be on the invoice or an analysis label attached thereto.

Section 230.180 Germination as to Mixtures The rules and methods adopted and approved by the Association of Official Seed Analysts of North America are adopted by the State Seed Laboratory for the testing and germination of all crop and vegetable seed, so long as they comply with…

Section 230.190 Disclaimers, Limited Warranties and Nonwarranties The use of a disclaimer, limited warranty, or nonwarranty clause in any invoice, advertising, labeling, or written, printed, or graphic matter, pertaining to any seed shall not constitute a defense, or be used as a…

Section 230.20 Prohibited (Primary) Noxious Weed Seeds The following list of prohibited noxious weed seeds is hereby established: Common name Scientific name Bindweed field Convolvulus arvensis Cress, hoary Cardaria draba Johnsongrass* Sorghum halepense Knapweed, Russian Centaure…

Section 230.200 Use of the Department of Agriculture in Advertising No person, firm or corporation shall, in any manner, use for advertising purposes the name of the Illinois Department of Agriculture in connection with the sale of any agricultural seeds.

Section 230.210 Seed Certifying Agency The University of Illinois Agricultural Experiment Station has appointed the Illinois Crop Improvement Association, the seed certifying agency in Illinois under the provisions of Section 9 of the Act. The Department of Agriculture will recog…

Section 230.220 Uncleaned Seed Agricultural seeds shall be considered uncleaned if the total inert matter and weed seeds exceed 20% of the sample in cases of bluegrasses, redtop, bentgrasses, orchardgrass, creeping red fescue, and smooth brome; and 3% in all other agricultural se…

Section 230.230 Uncleaned Seed (Repealed) (Source: Repealed at 12 Ill. Reg. 10437, effective July 1, 1988)

Section 230.240 Revocation of Permits Permits may be revoked by the Director of Agriculture, State of Illinois, for violation of the Illinois Seed Law or the Rules as promulgated by the Department.

Section 230.250 Refusal to Issue Permit The Department may refuse to issue a permit to an applicant who has failed to comply with or abide by the Illinois Seed Law or the Rules promulgated by the Department.

Section 230.260 Seed Contract In accordance with Section 11.1 of the Act, seed permit holders shall use "seed contracts" to represent the acquisition of agricultural seed from Illinois producers. Such contracts shall be organized on a calendar year basis and shall be maintained b…

Section 230.270 Seed Disposition Report

Section 230.280 Removal of Seed Permit In no case, in his pursuit of enforcement action under Section 12 of the Act, shall the Director cause a seed permit to be removed from the permit holders premises without first notifying the permit holder in writing of his intention to remo…

Section 230.30 Restricted (Secondary) Weed Seeds The following list of restricted noxious weed seeds is hereby established: Common name Scientific name Buckhorn Plantago lanceolata Bullnettle (horsenettle) Solanum carolinense Carrot, wild Daucus carota Daisy, oxeye Chrysanthemum …

Section 230.40 Label Requirements The label or tag for each container of agricultural, vegetable or other seeds as defined in the Act shall contain the seed analysis information required in Section 4 of the Act, be in compliance with prohibitions in Sections 5 and 5.1 of the Act,…

Section 230.50 Relabeling Seed After Expiration of Germination Date When agricultural seeds, as defined in the Act, remain in the inventory of a distributor or dealer after the germination test has expired the seed must be removed from sale or relabeled. New percentages of germin…

Section 230.60 Prohibitions It is unlawful for any person to sell, offer for sale, expose for sale or transport for sale any agricultural seeds as defined in the Act for seeding purposes within this State without meeting the requirements listed in Sections 4, 5 and 5.1 of the Act…

Section 230.70 Seed Permit It is unlawful for any person to sell, offer for sale, expose for sale or transport for sale any seed, as defined in this Act, for seeding purposes within this State without meeting the requirements listed in Section 10 of the Act and the following: a) …

Section 230.80 Fee Charges for Requested Official Seed Sampling and for Seed Samples Submitted for Purity Analysis, Noxious Weed Test and Germination Test There are three tests: the purity analysis, which includes an Illinois noxious weed seed examination, the germination test, a…

Section 230.90 Sampling in the Administration of the Act a) General Procedure. 1) In order to secure a representative sample, equal portions shall be taken from evenly distributed parts of the quantity of seed to be sampled. Access shall be had to all parts of that quantity. When…

Section 230.EXHIBIT A Example of Label or Tag for Container of Agricultural, Vegetable or Other Seeds Kind of Seed Variety Lot No. Origin Germination % Pure Seed % Hard Seed % Other Crop Seed % Total Germination And Insert Matter % Hard Seed % Weed Seed % Date of Test Noxious Wee…

Section 235.10 Term of Office for Review Committee In accordance with Section 15 of the Seed Arbitration Act, the term of office for a review committee member shall terminate on December 31 of each year. Re-appointment of existing members to the review committee will be automatic…

Section 235.20 Filing and File Fee of a Complaint A complaint in writing along with a filing fee of $200 shall be submitted to the Director before any review procedures commence. Filing fees are non-refundable.