Illinois Administrative Code

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 230.170 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 230.240 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 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 dispo…

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.

Section 240.10 Storage and Display of Nursery Stock Persons and firms maintaining sales yards, stores, garden centers or any place where nursery stock is sold must keep their nursery stock stored or displayed under conditions which will maintain its vigor and it must be prevented…

Section 240.100 Refusal to Inspect Nursery The Department may refuse to inspect a nursery if it is not kept in a reasonably well cultivated condition and free from weeds so that the inspector is able to make an adequate inspection of the nursery stock in order to determine its fr…

Section 240.110 Sale of Nursery Stock Which is Infected Prohibited Nursery stock in nurseries, or parts thereof, found to contain any injurious plant diseases or insect pests as defined shall be withheld from sale and the stock treated, or otherwise disposed of in accordance with…

Section 240.120 Nursery Certificates Withheld or Qualified Certificates Issued If upon completion of regular inspection the Department determines that treatment or disposal of stock infested with insect pests or injurious diseases is required and instruction for same are provided…

Section 240.125 Firewood Certificates a) Any person failing to comply with this Section is in violation of the Insect Pest and Plant Disease Act [505 ILCS 90] and shall be subject to the applicable penalty provisions of Sections 22 and 22.01 of the Act. b) Importation of firewood…

Section 240.130 Inspection of Shipments for Foreign Countries The Director of Agriculture, or his designated agent, shall issue upon request special certificates to residents of this State on nursery stock, bulbs, seed and other plant materials for shipment to a foreign country w…

Section 240.140 Fee Schedule The Department shall charge and collect fees for inspection and issuance of certificates according to the following schedule: a) Nursery Inspection Nursery inspection fees shall be as follows: 1 acre or less $25.00 over 1 acre but less than or equal t…

Section 240.160 Administrative Rules (Formal Administrative Hearings; Contested Cases; Petitions; Administrative Procedures) All administrative decisions are subject to, and hearings are conducted in accordance with, the provisions of the Act and the Illinois Administrative Proce…

Section 240.20 Inspection of Shipments of Nursery Stock in Transit All shipments of nursery stock entering the state, as well as intrastate shipments, may be inspected in transit or at their destination in order to determine whether or not they are moving in compliance with the p…

Section 240.250 Scope To prevent the spread of dangerous plants or dangerous plant pests or dangerous disease throughout the State, the Director shall implement a plant or plant pest quarantine when he/she has determined that a dangerous plant or dangerous plant insect or plant d…

Section 240.260 Definitions a) "Certificate" – A document issued or authorized to be issued by the Director to allow the movement of regulated articles to any destination. b) "Compliance Agreement" – written agreement between a person engaged in growing, handling, or moving regul…

Section 240.270 Restrictions and Regulated Articles a) A quarantine will include specific restrictions on movement into, out of, or through the quarantine area. b) A quarantine will delimit the area to be quarantined by commonly accepted and readily identifiable boundaries. The b…

Section 240.280 Movement of Regulated Articles a) Articles regulated under one specific quarantine must meet the applicable requirements of any other federal and state quarantines. b) A quarantine will specify the condition that shall govern the movement of regulated articles and…

Section 240.290 Issuance and Cancellation of Permits, Certificates of Inspection or Compliance Agreements a) To carry out inspections of regulated articles with the agency's limited resources, the Director may require that regulated articles be assembled for inspection. b) The Di…

Section 240.30 Infested or Infected Shipments of Nursery Stock; Disposal or Treatment Shipments of nursery stock which upon inspection are found to be infested with injurious insect pests or infected with injurious plant diseases shall be treated or disposed of in whole or in par…

Section 240.300 Attachment of Certificates, Permits or Agreements a) For the movement of regulated articles, the certificate, permit or agreement shall be securely attached to the outside of the container in which such articles are moved; except where the certificate or permit is…

Section 240.310 Inspection and Disposal of Regulated Articles Any properly identified designated representative of the Director is authorized to stop, inspect, and/or order treatment or disposal (by destruction or return to state of origin) of uncertified or non-permitted regulat…

Section 240.320 Duration of Quarantine a) A quarantine will specify the beginning effective date. b) Each quarantine will be announced through public meeting held in the regulated area and various public announcements in the mass communication media reaching the regulated area an…