Chapter 505 — AGRICULTURE

(505 ILCS 86/0.01) (was 720 ILCS 625/0.01) Sec. 0.01. Short title. This Act may be cited as the Grain Coloring Act. (Source: P.A. 86-1324.)

(505 ILCS 86/1) (was 720 ILCS 625/1) Sec. 1. No person shall subject, or cause to be subjected, any barley, wheat or other grain to fumigation, by sulphur, or other material, or to any chemical or coloring process, whereby the color, quality or germ of such grain is affected. (So…

(505 ILCS 86/2) (was 720 ILCS 625/2) Sec. 2. No person shall offer for sale, or procure to be sold, any barley, wheat, or other grain that has been subjected to fumigation, or other process, as provided in Section 1 of this Act, knowing such barley, wheat, or other grain to have …

(505 ILCS 86/3) (was 720 ILCS 625/3) Sec. 3. Any person violating the provisions of this act, shall be guilty of a Class B misdemeanor, and shall also be liable for all damages sustained by any person injured by such violation. (Source: P.A. 77-2492.)

(505 ILCS 87/1) Sec. 1. Short title. This Act may be cited as the Garden Act. (Source: P.A. 102-180, eff. 1-1-22.)

(505 ILCS 87/10) Sec. 10. Vegetable garden defined. As used in this Act, the term "vegetable garden" means any plot of ground or elevated soil bed on residential property where vegetables, herbs, fruits, flowers, pollinator plants, leafy greens, or other edible plants are cultiva…

(505 ILCS 87/15) Sec. 15. Right to cultivate vegetable gardens. Notwithstanding any other law, any person may cultivate vegetable gardens on their own property, or on the private property of another with the permission of the owner, in any county, municipality, or other political…

(505 ILCS 87/20) Sec. 20. Home rule. A home rule unit may not regulate gardens in a manner inconsistent with this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of power…

(505 ILCS 87/25) Sec. 25. State and local regulation still permitted. Section 20 of this Act notwithstanding, this Act does not preclude the adoption of a regulation or local ordinance of general nature that does not specifically regulate vegetable gardens, including, but not lim…

(505 ILCS 87/5) Sec. 5. Purpose. The Act's purpose is to encourage and protect the sustainable cultivation of fresh produce at all levels of production, including on residential property for personal consumption or non-commercial sharing. (Source: P.A. 102-180, eff. 1-1-22.)

(505 ILCS 89/1) Sec. 1. Short title. This Act may be cited as the Industrial Hemp Act. (Source: P.A. 100-1091, eff. 8-26-18.)

(505 ILCS 89/10) Sec. 10. Licenses and registration. (a) No person shall cultivate industrial hemp in this State without a license issued by the Department. (b) The application for a license shall include: (1) the name and address of the applicant; (2) the legal description of th…

(505 ILCS 89/15) Sec. 15. Rules. (a) The Department shall submit to the Secretary of the United States Department of Agriculture a hemp production plan under which the Department monitors and regulates the production of industrial hemp in this State. The Department shall adopt ru…

(505 ILCS 89/17) Sec. 17. Administrative hearings. Administrative hearings involving licensees under this Act shall be conducted under the Department's rules governing formal administrative proceedings. (Source: P.A. 100-1091, eff. 8-26-18.)

(505 ILCS 89/18) Sec. 18. Industrial Hemp Regulatory Fund. There is created in the State treasury a special fund to be known as the Industrial Hemp Regulatory Fund. All fees and fines collected by the Department under this Act shall be deposited into the Fund. Moneys in the Fund …

(505 ILCS 89/19) Sec. 19. Immunity. Except for willful or wanton misconduct, a person employed by the Department shall not be subject to criminal or civil penalties for taking any action under this Act when the actions are within the scope of his or her employment. Representation…

(505 ILCS 89/20) Sec. 20. Hemp products. Nothing in this Act shall alter the legality of hemp or hemp products that are presently legal to possess or own. (Source: P.A. 100-1091, eff. 8-26-18.)

(505 ILCS 89/25) Sec. 25. Violation of federal law. Nothing in this Act shall be construed to authorize any person to violate federal rules, regulations, or laws. If any part of this Act conflicts with a provision of the federal laws regarding industrial hemp, the federal provisi…

(505 ILCS 89/5) Sec. 5. Definitions. In this Act: "Department" means the Department of Agriculture. "Director" means the Director of Agriculture. "Hemp" or "industrial hemp" means the plant Cannabis sativa L. and any part of that plant, whether growing or not, with a delta-9 tetr…

(505 ILCS 89/895) Sec. 895. (Amendatory provisions; text omitted). (Source: P.A. 100-1091, eff. 8-26-18; text omitted.)

(505 ILCS 89/900) Sec. 900. (Amendatory provisions; text omitted). (Source: P.A. 100-1091, eff. 8-26-18; text omitted.)

(505 ILCS 89/905) Sec. 905. (Amendatory provisions; text omitted). (Source: P.A. 100-1091, eff. 8-26-18; text omitted.)

(505 ILCS 89/999) Sec. 999. Effective date. This Act takes effect upon becoming law. (Source: P.A. 100-1091, eff. 8-26-18.)

(505 ILCS 90/1) (from Ch. 5, par. 61) Sec. 1. This Act may be cited as the Insect Pest and Plant Disease Act. (Source: P.A. 86-1475.)

(505 ILCS 90/10) (from Ch. 5, par. 70) Sec. 10. If it is found that any certificate issued or approved by the Department is being used in connection with nursery stock or other plants which have not been inspected, or which are infested with insect pests or infected with plant di…

(505 ILCS 90/11) (from Ch. 5, par. 71) Sec. 11. It shall be unlawful for any person to bring or cause to be brought into this State any nursery stock unless there is plainly and legibly marked thereon or affixed thereto, or on, or to the car or other vehicles carrying the same, o…

(505 ILCS 90/12) (from Ch. 5, par. 72) Sec. 12. Every nurseryman or nursery dealer who sells or gives away nursery stock in this State is hereby required to attach to the outside of each package, box, bale, or carload shipped, transported or delivered by any means, a tag or poste…

(505 ILCS 90/13) (from Ch. 5, par. 73) Sec. 13. It shall be unlawful for any nurseryman or nursery dealer to sell, give away, carry, ship or deliver for carriage or shipment within the State any nursery stock unless such nursery stock has been officially inspected and a certifica…

(505 ILCS 90/14) (from Ch. 5, par. 74) Sec. 14. All trees, shrubs, vines, cuttings, scions, grafts, plants and plant parts, plant products and places within this State, infested with injurious insect pests or infected with plant diseases which are liable to spread to other plants…

(505 ILCS 90/15) (from Ch. 5, par. 75) Sec. 15. If the Department shall determine that any species or variety of tree, vine, shrub, or other plant growing within this State is a nuisance as defined in Section 14 of this Act, and if in the judgment of the Department such species o…

(505 ILCS 90/16) (from Ch. 5, par. 76) Sec. 16. Pest and plant disease inspection. Any municipality, park board, or other board or person in control of public grounds may apply to the Department for an inspection of the same with reference to the presence of insect pests or plant…

(505 ILCS 90/17) (from Ch. 5, par. 77) Sec. 17. Any owner of florist's stock which he wishes to ship into another state or country, may apply to the Department for an inspection of the same with reference to the presence of insect pests or diseases likely to prevent the acceptanc…

(505 ILCS 90/18) (from Ch. 5, par. 78) Sec. 18. Whenever the Department shall find as a fact that any plant disease or insect infestation exists in any other state, territory, district, province or country, or in any portion thereof, or in any locality therein, with respect to wh…

(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 …

(505 ILCS 90/20) (from Ch. 5, par. 80) Sec. 20. Whenever the Department finds that there exists in any part of this State a dangerous insect pest or a dangerous plant disease, which for the protection of the economy and environment of the State, should be prevented from spreading…

(505 ILCS 90/20.01) (from Ch. 5, par. 80a) Sec. 20.01. All final administrative decisions of the Department hereunder shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopt…

(505 ILCS 90/22) (from Ch. 5, par. 82) Sec. 22. Any person who shall violate any of the provisions of this Act with reference to the sale, shipment, transportation, receipt or delivery of nursery stock without inspection or certificate, or with reference to treatment of nursery s…

(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 administr…

(505 ILCS 90/22.02) (from Ch. 5, par. 82b) Sec. 22.02. The Director may file a complaint and apply for and the circuit court may grant a temporary restraining order or preliminary or permanent injunction restraining any person from violating or continuing to violate any of the pr…

(505 ILCS 90/22.03) (from Ch. 5, par. 82c) Sec. 22.03. The Department is authorized to hold administrative hearings to determine violations of the Act and compliance with provisions of this Act. All administrative decisions are subject to and hearings shall be conducted in accord…

(505 ILCS 90/22.04) (from Ch. 5, par. 82d) Sec. 22.04. The Director, upon finding injurious insects or other pests or plant diseases present in a nursery or in nursery stock, or a not viable nursery stock as set forth in Section 29, may issue a stop-sale order against such plants…

(505 ILCS 90/23) (from Ch. 5, par. 83) Sec. 23. If any section or part of a section of this Act shall, for any cause be held unconstitutional, such fact shall not affect the remainder of this Act. (Source: Laws 1927, p. 9.)

(505 ILCS 90/24) (from Ch. 5, par. 84) Sec. 24. An Act to prevent the introduction into and the dissemination within this State of insect pests and plant diseases injurious to the plants and plant products of this State, filed June 29, 1917, and approved as amended, June 28, 1919…

(505 ILCS 90/28) (from Ch. 5, par. 87a) Sec. 28. The Director is hereby authorized and empowered to enter into such reciprocal agreements and contracts as he may deem proper and expedient, with the proper authorities of other states regulating the shipment, selling and traffickin…

(505 ILCS 90/29) (from Ch. 5, par. 87a.01) Sec. 29. Any person, firm, association or corporation who maintains sales yards, stores, garden centers or any place where nursery stock is sold, must keep such stock stored or displayed under conditions which will maintain its vigor and…

(505 ILCS 90/3) (from Ch. 5, par. 63) Sec. 3. The Department shall have authority to inspect any place which might become infested or infected with insect pests or diseases. It shall also have authority to inspect or reinspect at any time or place any nursery stock shipped into t…

(505 ILCS 90/3.01) (from Ch. 5, par. 63a) Sec. 3.01. A nurseryman and nursery dealer shall maintain for one year records of plant purchases, acquisitions, sales or other distributions, and make the records available upon request to the Director for inspection. It shall be unlawfu…

(505 ILCS 90/3.02) (from Ch. 5, par. 63b) Sec. 3.02. The Director is authorized when application is made to issue a permit for shipment into or within the State of injurious plant pests for research or diagnostic purposes. (Source: P.A. 85-324.)

(505 ILCS 90/30) (from Ch. 5, par. 87a.02) Sec. 30. The Director may issue rules and regulations and orders as may be needed to carry out this Act. Further, the Director may establish by regulation fees for the inspection and certification of nurseries, nursery stock dealers, gre…

(505 ILCS 90/35) Sec. 35. Importation of firewood. Within 9 months after the effective date of this amendatory Act of the 95th General Assembly, the Department of Agriculture shall promulgate rules concerning the control of firewood importation into the State with special attenti…