(505 ILCS 80/1)

(from Ch. 5, par. 55.1)

Sec. 1.

Short title.

This Act shall be known and may be cited as the "Illinois Fertilizer Act of 1961".

(Source: Laws 1961, p. 3085.)

(505 ILCS 80/10)

(from Ch. 5, par. 55.10)

Sec. 10.

Minimum plant food content.

No superphosphate containing less than 18% available phosphoric acid nor any mixed fertilizer or custom mix, other than a custom mix consisting in part of unacidulated mineral phosphatic materials, in which the sum of the guarantees for the nitrogen, available phosphoric acid, and soluble potash totals less than 20% shall be distributed in this State. Specialty fertilizers are exempt from minimum plant food requirements for mixed fertilizers and custom mixes.

(Source: Laws 1961, p. 3085.)

(505 ILCS 80/11)

(from Ch. 5, par. 55.11)

Sec. 11.

False or misleading statements.

A commercial fertilizer or custom mix is misbranded if it carries any false or misleading statement upon or attached to the container, or if false or misleading statements concerning its agricultural value are made on the container or in any advertising matter accompanying or associated with the commercial fertilizer or custom mix. It is unlawful to distribute a misbranded commercial fertilizer or custom mix only after a notice of hearing has been issued, served, a hearing held, and opportunity is given for the defendant to appeal to a court of competent jurisdiction from the decision of the hearing, if he so elects, within a period of 10 days after such hearing.

(Source: Laws 1961, p. 3085.)

(505 ILCS 80/12)

(from Ch. 5, par. 55.12)

Sec. 12.

Tonnage reports.

The person transacting, distributing or selling commercial fertilizer or custom mix to a non‑registrant will mail the Director a summary report on or before the 10th day of each month covering shipments made during the preceding month showing the following information:

Name and county of the consignee and amount (tons) by grades and analysis of commercial fertilizer or custom mix. This report may be made on a special summary form provided by the Director or other forms as approved by the Director. Specialty fertilizer sold in packages weighing 5 pounds or less or in container of 4000 cubic centimeters or less, shall be reported but no inspection fee will be charged. No information furnished under this Section shall be disclosed by the Department in such a way as to divulge the operation of any person.

(Source: P.A. 80‑520.)

(505 ILCS 80/13)

(from Ch. 5, par. 55.13)

Sec. 13.

Publications.

The Director shall publish at least semi‑annually and in such forms as he may deem proper:

(a) Information concerning the distribution of commercial fertilizers and custom mixes by counties.

(b) Results of analysis based on official samples of commercial fertilizers and custom mixes distributed within the state as compared with the analysis guaranteed under Sections 4 and 5.

(Source: Laws 1961, p. 3085.)

(505 ILCS 80/14)

(from Ch. 5, par. 55.14)

Sec. 14.

Rules and regulations.

For the enforcement of this Act, the Director is authorized, after due notice and public hearing, to prescribe and to enforce such rules and regulations relating to the distribution of commercial fertilizer or custom mix as he may find necessary to carry into effect the full intent and meaning of this Act.

(Source: Laws 1961, p. 3085.)

(505 ILCS 80/15)

(from Ch. 5, par. 55.15)

Sec. 15.

Short weight.

If any commercial fertilizer or custom mix in the possession of the consumer is found by the Director to be short in weight, the registrant of such commercial fertilizer or custom mix shall, within 30 days after official notice from the Director, pay to the consumer a penalty equal to 4 times the value of the actual shortage.

(Source: Laws 1961, p. 3085.)

(505 ILCS 80/16)

(from Ch. 5, par. 55.16)

Sec. 16.

Cancellation of registrations.

The Director is authorized and empowered to cancel the registration of any brand of commercial fertilizer or custom mix or to refuse to register any brand of commercial fertilizer or custom mix as herein provided, upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasions or attempted evasions of the provisions of this Act or any rules and regulations promulgated thereunder; however, no registration shall be revoked or refused until the registrant has been given the opportunity to appear for a hearing by the Director.

(Source: Laws 1961, p. 3085.)

(505 ILCS 80/17)

(from Ch. 5, par. 55.17)

Sec. 17.

"Stop sale" orders.

The Director or his authorized agent may issue and enforce a written or printed "stop sale, use, or removal" order to the owner or custodian of any lot of commercial fertilizer or custom mix and to hold such lot at a designated place when the Director finds such commercial fertilizer or custom mix is being offered or exposed for sale in violation of any of the provisions of this Act until the law has been complied with and such commercial fertilizer or custom mix is released in writing by the Director or such violation has been otherwise legally disposed of by written authority.

The Director shall release the commercial fertilizer or custom mix so withdrawn when the requirements of the provisions of this Act have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.

(Source: P. A. 77‑106.)

(505 ILCS 80/18)

(from Ch. 5, par. 55.18)

Sec. 18.

Seizure, condemnation and sale.

Any lot of commercial fertilizer or custom mix not in compliance with the provisions of this Act shall be subject to seizure on complaint of the Director or his authorized agent to the circuit court of the county in which such commercial fertilizer or custom mix is located. In the event the court finds such commercial fertilizer or custom mix to be in violation of this Act and orders the condemnation of such commercial fertilizer or custom mix, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer or custom mix and the laws of the State. However, in no instance shall the disposition of such commercial fertilizer or custom mix be ordered by the court without first giving the claimant an opportunity to apply to the court for release of such commercial fertilizer or custom mix or for permission to process or re‑label the commercial fertilizer or custom mix to bring it into compliance with this Act.

(Source: P. A. 77‑106.)

(505 ILCS 80/18a)

(from Ch. 5, par. 55.18a)

Sec. 18a.

Location and operation.

(a) Before installing commercial fertilizer facilities for the distribution or storage of anhydrous ammonia or nitrogen solutions, the owner shall apply to the Department for approval of the location of the facilities. Distribution and storage facilities shall be in compliance with local zoning ordinances and the minimum distance requirements for safe storage of anhydrous ammonia or nitrogen solutions as established by Department rule. Existing storage tanks installed prior to the effective date of this amendatory Act of 1983 shall be exempt from the requirements for location approval. Prior to any expansion or modification of such existing storage tanks, written approval shall be obtained from the Department and such tanks shall meet current requirements as established by Department rule.

(b) Authorized Department personnel may enter upon any public or private premises during reasonable business hours and inspect facilities, equipment and vehicles used in the storage and distribution of anhydrous ammonia and nitrogen solutions and observe operations as necessary to determine compliance with the provisions of this Act and the rules promulgated hereunder. Department personnel may enter the premises at any time when the health, safety or welfare of the public is threatened by escaping gas, spills, fire, damaged or faulty equipment, accident or act of God.

(c) The Department shall adopt rules and regulations setting forth minimum safety standards covering the design, construction, location, installation and operation of equipment for storage, handling, use and transportation of anhydrous ammonia and low pressure nitrogen solutions. Such rules and regulations shall consist of those reasonably necessary for the safety of the public, including persons handling or using such materials, and shall be in substantial conformity with the current nationally accepted safety standards.

(d) The Director or his authorized agent may issue and enforce a written stop use order to the owner or custodian of the facility upon a violation of this Act or the rules and regulations. The Director shall terminate the stop use order upon compliance with the requirements of this Act and rules and regulations.

(e) The Department may adopt rules and regulations setting forth the requirements for the containment of fertilizer products at commercial facilities, which may include, but would not be limited to, the design, inspection, construction, location, installation, and operation for the storage and handling use of bulk liquid fertilizer, bulk dry fertilizer, and nitrogen solutions as may be necessary for the protection of ground water, the environment, and public safety. The Department may establish fees for the inspection of such containment facilities.

(Source: P.A. 85‑1327.)

(505 ILCS 80/19)

(from Ch. 5, par. 55.19)

Sec. 19.

Violations.

(a) If it appears from the examination of any commercial fertilizer or custom mix that any of the provisions of this Act or the rules and regulations issued thereunder have been violated, the Director or his or her authorized agent shall cause notice of the violations to be given to the registrant, distributor or possessor from whom the sample was taken. Any person so notified shall be given opportunity to be heard under such rules and regulations as may be prescribed by the Director. If it appears after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this Act or rules and regulations issued thereunder have been violated, the Director may certify the facts to the proper prosecuting attorney.

It shall be unlawful for any person to distribute, store, transport or use anhydrous ammonia or nitrogen solutions in violation of this Act or the rules and regulations promulgated thereunder or to violate a stop use order issued by the Director.

(b) Any person convicted of violating any provisions of this Act or any of the rules or regulations issued thereunder, or who impedes, obstructs, hinders or otherwise prevents or attempts to prevent the Director, or his or her duly authorized agent, in the performance of his or her duty in connection with the provisions of this Act, shall be guilty of a business offense punishable by a fine not to exceed $1,000. In all prosecutions under this Act involving the composition of a commercial fertilizer or custom mix, a certified copy of the official analysis signed by the Director shall be accepted as prima facie evidence of the composition.

(c) Nothing in this Act shall be construed as requiring the Director or his or her representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of the Act if he or she believes that the public interests will be served by a suitable notice of warning in writing.

(d) It shall be the duty of each State's attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in the circuit court without delay.

(e) The Director is authorized to apply for and the court is authorized to grant a temporary restraining order or a preliminary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this Act or any rule or regulation promulgated under the Act notwithstanding the existence of other remedies. The injunction shall be entered without bond.

(Source: P.A. 83‑1362.)

(505 ILCS 80/2)

(from Ch. 5, par. 55.2)

Sec. 2.

Enforcing official.

This Act shall be administered by the Director of the Department of Agriculture, hereinafter referred to as the "Director".

(Source: Laws 1961, p. 3085.)

(505 ILCS 80/20)

(from Ch. 5, par. 55.20)

Sec. 20.

Exchanges between manufacturers.

Nothing in this Act shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers, manufacturers or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer to manufacturers or manipulators who have registered their brands as required by the provisions of this Act.

(Source: Laws 1961, p. 3085.)

(505 ILCS 80/21)

(from Ch. 5, par. 55.21)

Sec. 21.

Constitutionality.

If any clause, sentence, paragraph or part of this Act shall for any reason be adjudged invalid by any court of competent jurisdiction, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered.

(Source: Laws 1961, p. 3085.)

(505 ILCS 80/22)

(from Ch. 5, par. 55.22)

Sec. 22.

Repeal.

"An Act to regulate the sale and analysis of commercial fertilizers and to repeal an Act therein named", approved June 29, 1927, as amended, is repealed.

(Source: Laws 1961, p. 3085.)

(505 ILCS 80/23)

(from Ch. 5, par. 55.23)

Sec. 23.

Effective date.

This Act shall take effect January 1, 1962.

(Source: Laws 1961, p. 3085.)

(505 ILCS 80/3)

(from Ch. 5, par. 55.3)

Sec. 3.

Definitions of words and terms.

When used in this Act unless the context otherwise requires:

(a) The term "fertilizer material" means any substance containing nitrogen, phosphorus, potash or any other recognized plant nutrient element or compound which is used primarily for its plant nutrient content or for compounding mixed fertilizers except unmanipulated animal and vegetable manures.

(b) The term "mixed fertilizer" means any combination or mixture of fertilizer materials designed for use or claimed to have value in promoting plant growth.

(c) The term "commercial fertilizer" means mixed fertilizer and/or fertilizer materials except the following natural products: agricultural limestone, marl, sea solids and unprocessed animal manure, which have not been manipulated so as to alter or change them chemically and burnt or hydrated lime, and sewage sludge produced by any sanitary district shall not be subject to the provisions of this Act. Such term does not include "custom mixes" as defined herein.

(d) The term "anhydrous ammonia" means the compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the proportion of one part of nitrogen to three parts of hydrogen (NH 3) by volume. Anhydrous ammonia is a commercial fertilizer of ammonia gas in compressed and liquified form. It is not aqueous ammonia which is a solution of ammonia gas in water and which is considered a low pressure nitrogen solution.

(e) The term "specialty fertilizer" means a commercial fertilizer distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, green houses and nurseries, and may include commercial fertilizer used for research or experimental purposes.

(f) The term "bulk fertilizers" means commercial fertilizer or custom mix distributed in a non‑packaged form.

(g) The term "custom mix" means a mixture of 2 or more commercial fertilizers mixed at time of shipment to the specific order of the consumer.

(h) The term "custom mixer" means a person who produces and sells custom mixes.

(i) The term "brand" means a term, design, or trade mark used in connection with one or several grades of commercial fertilizers.

(j) The term "guaranteed analysis" means the minimum percentages of plant nutrients claimed in the following order and form:

A. Total Nitrogen (N)

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Available Phosphoric Acid (P2O5)

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Soluble Potash (K2O)

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B. For unacidulated mineral phosphatic materials and basic slag, both total and available phosphoric acid and the degree of fineness. For bone, tankage, and other organic phosphatic materials, total phosphoric acid.

C. Additional plant nutrients expressed as the elements, when permitted by regulation.

D. Potential basicity or acidity expressed in terms of calcium carbonate equivalent in multiples of 100 pounds per ton, when required by regulation.

(k) The term "grade" means the minimum percentage of total nitrogen, available phosphoric acid (P2O5) and soluble potash (K2O) stated in the order given in this definition.

(l) The term "official sample" means any sample of commercial fertilizer or custom mix taken by the Director or his agent and designated as "official" by the Director.

(m) The term "ton" means a net weight of 2000 pounds avoirdupois.

(n) The term "per cent" or "percentage" means the percentage by weight.

(o) The term "person" means any individual, partnership, association, firm and corporation.

(p) The term "distribute" means to offer for sale, sell, barter, store, handle, transport or otherwise supply commercial fertilizers or custom mix. The term "distributor" means any person who distributes.

(q) Words importing the singular number may extend and be applied to several persons or things and words importing the plural number may include the singular.

(r) The term "registrant" means the person who registers commercial fertilizer or custom mix under the provisions of this Act.

(s) The term "nitrogen solution" means a low pressure solution containing 2 per cent or more by weight of free ammonia and/or having vapor pressure of 5 pounds or more per square inch gauge at 104° F.

(t) The term "Department" means the Illinois Department of Agriculture.

(u) The term "Director" means the Director of the Illinois Department of Agriculture or a duly authorized representative.

(Source: P.A. 83‑586.)

(505 ILCS 80/4)

(from Ch. 5, par. 55.4)

Sec. 4.

Registration.

(a) Each brand and grade of commercial fertilizer shall be registered before being distributed in this State. The application for registration shall be submitted with a label or facsimile of same to the Director on form furnished by the Director, and shall be accompanied by a fee of $10 per grade within a brand. Upon approval by the Director a copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year.

The application shall include the following information:

(1) The net weight

(2) The brand and grade

(3) The guaranteed analysis

(4) The name and address of the registrant.

(b) A distributor shall not be required to register any brand of commercial fertilizer or custom mix which is already registered under this Act by another person.

(c) The plant nutrient content of each and every commercial fertilizer must remain uniform for the period of registration and, in no case, shall the percentage of any guaranteed plant nutrient element be changed in such a manner that the crop‑producing quality of the commercial fertilizer is lowered.

(d) Each custom mixer shall register annually with the Director on forms furnished by the Director. The application for registration shall be accompanied by a fee of $50, unless the custom mixer elects to register each mixture, paying a fee of $10 per mixture. Upon approval by the Director, a copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year.

(e) A custom mix as defined in section 3(f), prepared for one consumer shall not be co‑mingled with the custom mixed fertilizer prepared for another consumer.

(f) All fees collected pursuant to this Section shall be paid into the State treasury.

(Source: P.A. 93‑32, eff. 7‑1‑03.)

(505 ILCS 80/5)

(from Ch. 5, par. 55.5)

Sec. 5.

Labeling.

(a) Any commercial fertilizer or custom mix distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible form the information required by Items (1), (2), (3), and (4) of paragraph (a) of Section 4.

(b) If distributed in bulk as a brand or grade of fertilizer, a written or printed statement of the information required by items (1), (2), (3), and (4) of paragraph (a) of Section 4 shall accompany delivery of each load and be supplied to the purchaser at time of delivery.

(c) If distributed in bulk as custom mixed fertilizer, a written or printed statement shall accompany delivery of each load and be supplied to the purchaser at time of delivery and must carry information as follows:

1. Weight of each commercial fertilizer used in the custom mixing.

2. The guaranteed analysis of each commercial fertilizer used in the custom mixing.

3. Total weight of fertilizer delivered in each load.

4. Name and address of the person selling the fertilizer.

(d) A custom mixed fertilizer shall be intimately and uniformly mixed. The Director, in determining for administrative purposes whether a custom mix is intimately and uniformly mixed, shall compute the analysis of the load of custom mixed fertilizer from the information required by Items (1), (2), and (3) of paragraph (c) of this section.

(Source: Laws 1963, p. 2240.)

(505 ILCS 80/6)

(from Ch. 5, par. 55.6)

Sec. 6.

Inspection fees.

(a) There shall be paid to the Director for all commercial fertilizers or custom mix distributed in this State an inspection fee at the rate of 25¢ per ton. Sales to manufacturers or exchanges between them are hereby exempted from the inspection fee.

On individual packages of commercial or custom mix or specialty fertilizers containing 5 pounds or less, or if in liquid form containers of 4,000 cubic centimeters or less, there shall be paid instead of the 25¢ per ton inspection fee, an annual inspection fee of $25 for each grade within a brand sold or distributed. Where a person sells commercial or custom mix or specialty fertilizers in packages of 5 pounds or less, or 4,000 cubic centimeters or less if in liquid form, and also sells in larger packages than 5 pounds or liquid containers larger than 4,000 cubic centimeters, this annual inspection fee of $25 applies only to that portion sold in packages of 5 pounds or less or 4,000 cubic centimeters or less, and that portion sold in larger packages or containers shall be subject to the same inspection fee of 25¢ per ton as provided in this Act. The increased fees shall be effective after June 30, 1989.

(b) Every person who distributes a commercial fertilizer or custom mix in this State shall file with the Director, on forms furnished by the Director, a semi‑annual statement for the periods ending June 30 and December 31, setting forth the number of net tons of each grade of commercial fertilizers within a brand or the net tons of custom mix distributed. The report shall be due on or before the 15th day of the month following the close of each semi‑annual period and upon the statement shall pay the inspection fee at the rate stated in paragraph (a) of this Section.

One half of the 25¢ per ton inspection fee shall be paid into the Fertilizer Control Fund and all other fees collected under this Section shall be paid into the State treasury.

If the tonnage report is not filed and the payment of inspection fee is not made within 30 days after the end of the semi‑annual period, a collection fee amounting to 10% (minimum $10) of the amount shall be assessed against the registrant. The amount of fees due shall constitute a debt and become the basis of a judgment against the registrant. Upon the written request to the Director additional time may be granted past the normal date of filing the semi‑annual statement.

When more than one person is involved in the distribution of a commercial fertilizer, the last registrant who distributes to the non‑registrant (dealer or consumer) is responsible for reporting the tonnage and paying the inspection fee.

(Source: P.A. 93‑32, eff. 7‑1‑03.)

(505 ILCS 80/6a)

(from Ch. 5, par. 55.6a)

Sec. 6a.

The Department is hereby authorized to establish a program and expend appropriations for a fertilizer research and education program dealing with the relationship of fertilizer use to soil management, soil fertility, plant nutrition problems, and for research on environmental concerns which may be related to fertilizer usage; for the dissemination of the results of such research; and for other designated activities including educational programs to promote the correct and effective usage of fertilizer materials.

To assist in the development and administration of the fertilizer research and education program, the Director is authorized to establish a Fertilizer Research and Education Council consisting of 9 persons. This council shall be comprised of 3 persons representing the fertilizer industry, 3 persons representing crop production, and 2 persons representing the public at large. In the appointment of persons to the council, the Director shall consult with representative persons and recognized organizations in the respective fields concerning such appointments. The Director or his representative from the Department shall act as chairman of the council. The Director shall call meetings thereof from time to time or when requested by 3 or more appointed members of the council.

The responsibilities of the Fertilizer Research and Education Council are to:

(a) solicit research and education projects

consistent with the scope of the established fertilizer research and education program;

(b) review and arrange for peer review of all

research proposals for scientific merit and methods, and review or arrange for the review of all proposals for their merit, objective, methods and procedures;

(c) evaluate the proposed budget for the projects

and make recommendations as necessary; and

(d) monitor the progress of projects and report at

least once each 6 months on each project's accomplishments to the Director and Board of Agricultural Advisors.

The Fertilizer Research and Education Council shall at least annually recommend projects to be approved and funded including recommendations on continuation or cancellation of authorized and ongoing projects to the Board of Agricultural Advisors, which is created in Section 5‑525 of the Departments of State Government Law (20 ILCS 5/5‑525). The Board of Agricultural Advisors shall review the proposed projects and recommendations of the Fertilizer Research and Education Council and recommend to the Director what projects shall be approved and their priority. In the case of authorized and ongoing projects, the Board of Agricultural Advisors shall recommend to the Director the continuation or cancellation of such projects.

When the Director, the Board of Agricultural Advisors, and the Fertilizer Research and Education Council approve a project and subject to available appropriations, the Director shall grant funds to the person originating the proposal.

(Source: P.A. 91‑239, eff. 1‑1‑00.)

(505 ILCS 80/6b)

(from Ch. 5, par. 55.6b)

Sec. 6b.

The amount annually deposited in the Fertilizer Control Fund shall be appropriated for the operation of the Fertilizer Research and Education Program.

These moneys shall be used for expenses consistent with carrying out the purpose and intent of the program, which include council expenses, peer review, and contracts to persons for research or education projects and costs associated with general operating expenses, such as administrative support, travel, commodities, and printing. The Department shall receive 3% of the annual amount deposited in the Fertilizer Control Fund.

(Source: P.A. 91‑754, eff. 7‑1‑00.)

(505 ILCS 80/7)

(from Ch. 5, par. 55.7)

Sec. 7.

Inspection, sampling, analysis.

(a) It is the duty of the Director, who may act through his authorized agent, to sample, inspect, make analysis of, and test commercial fertilizers and custom mixes distributed within this State at a time and place and to such an extent as he considers necessary to determine whether such commercial fertilizers or custom mixes are in compliance with the provisions of this Act. The Director, individually or through his agent, is authorized to enter upon any public or private premises during regular business hours in order to have access to commercial fertilizers or custom mixes and to records relating to their distribution subject to the provisions of this Act and the rules and regulations pertaining thereto.

(b) The methods of analysis and sampling shall be those adopted by the official agency from sources such as those of the Association of Official Agricultural Chemists.

(c) The Director, in determining for administrative purposes whether any commercial fertilizer or custom mix is deficient in plant food, shall be guided solely by the official sample as defined in paragraph (k) of Section 3, and obtained and analyzed as provided for in paragraph (b) of Section 7.

(d) The results of official analysis of any commercial fertilizer or custom mix which has been found to be subject to penalty or other legal action shall be forwarded by the Director to the registrant at least 10 days before the report is submitted to the purchaser. If during that period no adequate evidence to the contrary is made available to the Director, the report shall become official. Upon request the Director shall furnish to the registrant a portion of any sample found subject to penalty or other legal action.

(Source: P. A. 77‑106.)

(505 ILCS 80/8)

(from Ch. 5, par. 55.8)

Sec. 8.

Plant food deficiency.

If any commercial fertilizer or custom mix offered for sale in this State proves, upon official analysis, to be deficient from its guaranteed analysis, penalty shall be assessed against the manufacturer or custom mixer in accordance with the following provisions:

(1) For a single ingredient fertilizer containing nitrogen or phosphate or potash: when the value of this ingredient is found to be deficient from the guarantee to the extent of 3% and not over 5% of the total value, the registrant shall be liable for the actual deficiency in value. When the deficiency exceeds 5% of the total value, the penalty shall be 3 times the actual value of the shortage.

(2) For multiple ingredient fertilizers containing 2 or more of the single ingredients: nitrogen or phosphate or potash, penalties shall be assessed according to (a) or (b) as herein stated. When a multiple ingredient fertilizer is subject to a penalty under both (a) and (b) only the larger penalty shall be assessed.

(a) When the total combined values of the nitrogen or available phosphoric acid or potash is found to be deficient to the extent of 3% and not over 5%, the registrant shall be liable for the actual deficiency in total value. When the deficiency exceeds 5% of the total value, the penalty shall be 3 times the actual value of the shortage.

(b) When either the nitrogen, available phosphoric acid, or potash value is found deficient from the guarantee to the extent of 20% up to the maximum of 4 units (4% plant food), the registrant shall be liable for the value of such shortages.

(3) Deficiencies in any other constituent or constituents covered under Section 3, paragraph (i), items B, C, and D of this Act which the registrant is required to or may guarantee shall be evaluated by the Director and penalties therefor shall be prescribed by the Director.

(a) Nothing contained in this Section shall prevent any person from appealing to a court of competent jurisdiction for judgment as to the justification of such penalties.

(b) All penalties assessed under this Section shall be paid to the consumer of the lot of commercial fertilizer or custom mix purchased, and which is represented by the sample analyzed, within 3 months after the date of notice from the Director to the registrant. Receipts shall be taken therefor and promptly forwarded to the Director. If such consumers cannot be found, the amount of the penalty shall be paid to the Director who shall deposit the same in the General Revenue Fund in the State Treasury.

(Source: Laws 1963, p. 2240.)

(505 ILCS 80/9)

(from Ch. 5, par. 55.9)

Sec. 9.

Commercial value.

On the basis of information secured from persons holding registrant's permit to sell fertilizers in Illinois, the following values will be used for purposes of assessing penalties as provided by Section 8 of this Act:

Nitrogen

$3.00 per unit (15¢ per pound)

Total P2O5 in Rock

Phosphate

.72 per unit (3.6¢ per pound)

Available P2O5

2.00 per unit (10¢ per pound)

Potash

1.00 per unit (5¢ per pound).

In the event that the actual retail price is substantially greater than the value as calculated at the above rates, the penalty shall be based on the retail price. In addition, the Director may require that any lot subject to penalty be returned to the registrant and all costs involved in the return of such goods shall be borne by the registrant. However, in the case of bulk fertilizers, the person offering fertilizer for sale in bulk shall be responsible for guaranteeing such fertilizer and shall be liable for all penalties assessed under the provisions of Section 8.

(Source: P.A. 89‑626, eff. 8‑9‑96

.)