Chapter 505 — AGRICULTURE

(505 ILCS 110/2.121-5) Sec. 2.121-5. Non-commercial seed sharing. "Non-commercial seed sharing" means seed sharing for which no monetary consideration or compensation is transferred in return for receiving seeds. "Non-commercial seed sharing" does not include seed sharing in whic…

(505 ILCS 110/2.122) (from Ch. 5, par. 402.122) Sec. 2.122. "Official sample" means any sample of seed taken and designated as official by the Department. (Source: P.A. 85-717.)

(505 ILCS 110/2.123) (from Ch. 5, par. 402.123) Sec. 2.123. "Operator of a public auction sale or similar type consignment sale" is one who owns or directs the operation of a livestock auction market or public auction sale conducted regularly on the same premises. A public auctio…

(505 ILCS 110/2.124) (from Ch. 5, par. 402.124) Sec. 2.124. "Origin" means the State, District of Columbia, Puerto Rico, or possession of the United States or foreign country, or designated portion thereof, where the seed was grown. (Source: P.A. 85-717.)

(505 ILCS 110/2.125) (from Ch. 5, par. 402.125) Sec. 2.125. "Packet" means a retail or wholesale commodity of vegetable seed packaged in any manner in advance of sale, not to exceed a labeled net weight of 3 ounces. (Source: P.A. 85-717.)

(505 ILCS 110/2.126) (from Ch. 5, par. 402.126) Sec. 2.126. "Person" includes any individual, partnership, corporation, company, society, or association. (Source: P.A. 85-717.)

(505 ILCS 110/2.127) (from Ch. 5, par. 402.127) Sec. 2.127. "Prohibited (primary) noxious weed seeds" are the seeds of weeds which when established are highly destructive, competitive or difficult to control by cultural or chemical practices. (Source: P.A. 85-717.)

(505 ILCS 110/2.128) (from Ch. 5, par. 402.128) Sec. 2.128. "Record" includes all information relating to each lot of seed including propagation, condition and merchandising. (Source: P.A. 85-717.)

(505 ILCS 110/2.129) (from Ch. 5, par. 402.129) Sec. 2.129. "Restricted (secondary) noxious weed seeds" are the seeds of weeds which are objectionable in fields, lawns and gardens of this State, but which can be controlled by cultural or chemical practices. (Source: P.A. 85-717.)…

(505 ILCS 110/2.130) (from Ch. 5, par. 402.130) Sec. 2.130. "Retail seed dealer" is one who sells agricultural, vegetable or lawn seed to consumers. (Source: P.A. 85-717.)

(505 ILCS 110/2.131) (from Ch. 5, par. 402.131) Sec. 2.131. "Screenings" means chaff, florets, immature seed, weed seeds, inert matter and other foreign material removed in any way from any seed or grains in any kind of cleaning or conditioning, or obtained from weedy fields or f…

(505 ILCS 110/2.132) (from Ch. 5, par. 402.132) Sec. 2.132. "Seed broker" is one who for a commission or other compensation is engaged in selling or negotiating the sale of agricultural, vegetable or lawn seed belonging to others for resale. (Source: P.A. 85-717.)

(505 ILCS 110/2.132-5) Sec. 2.132-5. Seed library. "Seed library" means a nonprofit, governmental, or cooperative organization, association, or activity for the purpose of facilitating the donation, exchange, preservation, and dissemination of seeds of open pollinated, public dom…

(505 ILCS 110/2.133) (from Ch. 5, par. 402.133) Sec. 2.133. "Seed merchants" are those engaged in both wholesale and retail operations. Seed merchants shall secure both a wholesale and a retail permit. (Source: P.A. 85-717.)

(505 ILCS 110/2.133-5) Sec. 2.133-5. Seed swap event. "Seed swap event" means an organized and publicly promoted event at which non-commercial seed sharing takes place. (Source: P.A. 99-827, eff. 8-16-16.)

(505 ILCS 110/2.134) (from Ch. 5, par. 402.134) Sec. 2.134. "Seeds" mean agricultural or vegetable seeds or other seeds as determined by regulations adopted by the Department. A mature ovule, consisting of an embryonic plant together with a store of food, all surrounded by a prot…

(505 ILCS 110/2.135) (from Ch. 5, par. 402.135) Sec. 2.135. "Seizure" means a legal process carried out by court order against a definite amount of seed. (Source: P.A. 85-717.)

(505 ILCS 110/2.136) (from Ch. 5, par. 402.136) Sec. 2.136. "Sell" when applied to agricultural seed, vegetable seed, lawn seed, or screenings, includes the act of transferring ownership, offering or exposing for sale, exchange, distribution, giving away, or transportation in thi…

(505 ILCS 110/2.137) (from Ch. 5, par. 402.137) Sec. 2.137. "Stop Sale, Use or Removal Order" means an administrative order provided by law, restraining the sale, use, disposition, and movement of a definite amount of seed. (Source: P.A. 85-717.)

(505 ILCS 110/2.138) (from Ch. 5, par. 402.138) Sec. 2.138. "Treated" means that the seed has received an application of a substance, or that it has been subjected to a process to reduce, control, or repel disease organisms, insects or other pests which attack seed or seedlings a…

(505 ILCS 110/2.139) (from Ch. 5, par. 402.139) Sec. 2.139. "Type" means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. (Source: P.A. 85-717.)

(505 ILCS 110/2.140) (from Ch. 5, par. 402.140) Sec. 2.140. "Variety" means subdivision of a kind which is distinct, uniform and stable; "distinct" in the sense that the variety can be differentiated by one or more identifiable morphological, physiological or other characteristic…

(505 ILCS 110/2.141) (from Ch. 5, par. 402.141) Sec. 2.141. "Vegetable seeds" includes the seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable seeds in this State. (Source: P.A. 85-717.)

(505 ILCS 110/2.142) (from Ch. 5, par. 402.142) Sec. 2.142. "Weed seeds" includes the seeds of all plants generally recognized as weeds within this State, and includes the seeds of restricted noxious weeds as determined by regulations adopted by the Department. (Source: P.A. 85-7…

(505 ILCS 110/2.143) (from Ch. 5, par. 402.143) Sec. 2.143. "Wholesale seed dealers" are those selling agricultural, vegetable or lawn seed for resale. (Source: P.A. 85-717.)

(505 ILCS 110/2.144) 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. (Source: P.A.…

(505 ILCS 110/3) (from Ch. 5, par. 403) Sec. 3. Department to administer Act - Rules and regulations - Guidance of Federal Seed Act. The Department shall promulgate rules and regulations governing the method of labeling, sampling, inspecting, analyzing, testing, and examining of …

(505 ILCS 110/4) (from Ch. 5, par. 404) Sec. 4. Label requirements. Each container of agricultural, vegetable or other seeds designated by the Department of Agriculture which is sold, offered for sale, or exposed for sale, or transported within this State for sowing purposes shal…

(505 ILCS 110/4.1) (from Ch. 5, par. 404.1) Sec. 4.1. All seeds named and treated as defined in this Act (for which a separate label may be used) must be labeled with: (1) A word or statement indicating that the seed has been treated. (2) The commonly accepted, coined, chemical o…

(505 ILCS 110/4.2) (from Ch. 5, par. 404.2) Sec. 4.2. All agricultural seeds must be labeled with: (1) The name of the kind or kinds and variety for each agricultural seed component present in excess of 5% of the whole and the percentage by weight of each except as provided by re…

(505 ILCS 110/4.2a) (from Ch. 5, par. 404.2a) Sec. 4.2a. Agricultural seeds that are coated shall be labeled with: (1) Percentage of pure seeds with coating material removed. (2) Percentage of coating material shall be shown as a separate item in close association with the percen…

(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 p…

(505 ILCS 110/4.4) (from Ch. 5, par. 404.4) Sec. 4.4. Labeling for vegetable seeds in packets as prepared for use in home gardens or household plantings or vegetable seeds in preplanted containers, mats, tapes, or other planting devices shall include: (1) Name of kind and variety…

(505 ILCS 110/4.5) (from Ch. 5, par. 404.5) Sec. 4.5. Labeling for vegetable seeds in containers other than packets prepared for use in home gardens or household plantings and other than preplanted containers, mats, tapes, or other planting devices shall include: (1) The name of …

(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: (1) Without an annu…

(505 ILCS 110/5.1) (from Ch. 5, par. 405.1) Sec. 5.1. It is unlawful for any person within this State: (1) To detach, alter, deface or destroy any label provided for in this Act or the rules and regulations made and promulgated thereunder, or to alter or substitute seed in a mann…

(505 ILCS 110/6) (from Ch. 5, par. 406) Sec. 6. Records. Each person whose name appears on the label as handling agricultural, vegetable or other seeds subject to this Act shall keep for a period of 2 years complete records of each lot of agricultural, vegetable or other seeds de…

(505 ILCS 110/7) (from Ch. 5, par. 407) Sec. 7. Exemptions. (a) The provisions of Sections 4 through 4.5 and Sections 5 and 5.1 do not apply: (1) To seed or grain not intended for sowing purposes. (2) To seed in storage in, or being transported or consigned to a cleaning or condi…

(505 ILCS 110/7.1) (from Ch. 5, par. 407.1) Sec. 7.1. No person shall be subject to the penalties of this Act for having sold or exposed for sale agricultural, vegetable or other seeds designated by the Department of Agriculture which were incorrectly labeled or represented as to…

(505 ILCS 110/8) (from Ch. 5, par. 408) Sec. 8. Duties and authority of state seed law enforcement officer. The duty of enforcing this Act and carrying out its provisions and requirements is vested in the Illinois Department of Agriculture. It is the duty of the Director who may …

(505 ILCS 110/8.1) (from Ch. 5, par. 408.1) Sec. 8.1. For the purpose of carrying out the provisions of this Act, the Director of the Department of Agriculture, individually or through his authorized agents, is authorized: (1) To enter upon any public or private premises during r…

(505 ILCS 110/9) (from Ch. 5, par. 409) Sec. 9. University of Illinois Agriculture Experiment Station as official certifying agency. The University of Illinois Agricultural Experiment Station is designated as the official certifying agency for certifying seed for the State of Ill…

(505 ILCS 115/1) (from Ch. 5, par. 1051) Sec. 1. Because the sheep and wool industry has been unable to effectively promote the need to expand production to meet current demands and because producers of sheep and wool are unable to develop adequate new markets for their commodity…

(505 ILCS 115/10) (from Ch. 5, par. 1060) Sec. 10. The sheep and wool production development and marketing program authorized by this Act shall remain in effect for 5 years. Thereafter, the program shall automatically be extended from year to year unless a referendum for continue…

(505 ILCS 115/11) (from Ch. 5, par. 1061) Sec. 11. Any sheep and wool production development and marketing program established under this Act shall provide for a sheep and wool production development and marketing board consisting of at least 7 members who are charged with the ad…

(505 ILCS 115/12) (from Ch. 5, par. 1062) Sec. 12. For the initial board any sheep and/or wool producer may be elected only if he first has his name placed on the ballot by filing a petition with the Director containing 50 signatures, of those producers in his district qualified …

(505 ILCS 115/13) (from Ch. 5, par. 1063) Sec. 13. The duties and responsibilities of the sheep and wool production development and marketing board shall be prescribed in the authority for each sheep and wool production development and marketing program and to the extent applicab…

(505 ILCS 115/14) (from Ch. 5, par. 1064) Sec. 14. For any sheep and wool production development and marketing program approved by referendum under this Act the Director shall: (a) Take steps to insure that adequate and proper records are kept and that an annual audit summary is …

(505 ILCS 115/15) (from Ch. 5, par. 1065) Sec. 15. Any properly qualified sheep and/or wool production development or marketing program shall provide for assessments against producers of the affected commodity to defray the costs of the activities provided for in the sheep and wo…

(505 ILCS 115/16) (from Ch. 5, par. 1066) Sec. 16. A producer who has sold sheep and/or wool and has had an assessment deducted from the sale may, by application in writing to the board, secure a refund in the amount deducted. The refund shall be payable only when the application…