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Illinois Seed Law

Illinois · Agriculture · §§ 505-110-1 to 505-110-9 · 75 sections

Overview

This act establishes a state framework for regulating the sale and distribution of agricultural, vegetable, flower, and other plant seed, setting out definitions and general requirements that govern how seed may be labeled, offered, and traded within the state. It creates an advisory board to advise the responsible state agency on administration and enforcement of the program, and it addresses genetically engineered plants as a distinct category subject to its own provisions.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

Sections covered

  • 505 ILCS 110/1This Act may be cited as the Illinois Seed Law
  • 505 ILCS 110/10Permits
  • 505 ILCS 110/11Seizure
  • 505 ILCS 110/11.1Any seed permit holder who acquires agricultural seed for resale and conditioning from Illinois producers thereof shall document all such seed acquisition transactions through the use of a seed contract
  • 505 ILCS 110/11.2Agriculture › 505 ILCS 110 — Illinois Seed Law
  • 505 ILCS 110/11.3Agriculture › 505 ILCS 110 — Illinois Seed Law
  • 505 ILCS 110/12If a seed dealer violates any of the provisions of this Act, his or her permit may be removed from his or her premises by any Department employee charged with the enforcement of this Act and returned to the Department
  • 505 ILCS 110/13Violations and prosecutions
  • 505 ILCS 110/14Review
  • 505 ILCS 110/15Saving clause
  • 505 ILCS 110/16"The Illinois Administrative Procedure Act" and the rules and regulations adopted thereunder shall apply to and govern all administrative actions taken where applicable unless otherwise prescribed by this Act
  • 505 ILCS 110/2Definitions
  • 505 ILCS 110/2.101"Advertisement" means all representations, other than on the label, disseminated in any manner, or by any means relating to seed within the scope of this Act
  • 505 ILCS 110/2.102"Agricultural seeds" include the seeds of grass, forage, oil, cereal, and fiber crops and other kinds of seeds commonly recognized within this State as agricultural seeds, lawn seeds and mixtures of such seeds, or as determined by regulations adopted by the Department
  • 505 ILCS 110/2.103"Association of Official Seed Analysts (AOSA)" means the organization composed of government seed analysts designated to develop standards for analysis that furnish information relating to the composition of seed samples and the ability of the seed to produce plants
  • 505 ILCS 110/2.104"Association of Official Seed Certifying Agencies (AOSCA)" means the organization whose members are agencies responsible for seed certification and for establishing minimum standards for genetic purity and identity
  • 505 ILCS 110/2.105"Brand" means a word, name, symbol, number or design used to identify seed of one person or distinguish it from seed of another person
  • 505 ILCS 110/2.106"Certifying agency" means (a) an agency authorized under the laws of a State, Territory or Possession of the United States to officially certify seed, or (b) an agency of a foreign country determined by the U
  • 505 ILCS 110/2.107"Certified Seed" means one of four classes of seed: (1) breeder, (2) foundation, (3) registered and (4) certified, as determined under procedures established by the Association of Official Seed Certifying Agencies and referenced in its official Certification Handbook
  • 505 ILCS 110/2.108Agriculture › 505 ILCS 110 — Illinois Seed Law
  • 505 ILCS 110/2.109"Dealer" means any person who distributes
  • 505 ILCS 110/2.110"Department" means the Department of Agriculture of the State of Illinois or its duly authorized representative
  • 505 ILCS 110/2.111"Director" means the Director of the Department of Agriculture, of the State of Illinois or his duly authorized representative
  • 505 ILCS 110/2.112"Distribute" means to import, consign, offer for sale, hold for sale, barter, or otherwise supply seed in this State
  • 505 ILCS 110/2.113"False and mislabeling advertisement" means all representation other than those on the label disseminated in any manner or by any means relating to the seed which would be misleading to the consumers as determined within the scope of this Act
  • 505 ILCS 110/2.114"Handling seed" includes transportation, warehousing, cleaning, merchandising, labeling, and any other operation connected with the seed business but does not include transportation, warehousing and cleaning by a bailee for hire
  • 505 ILCS 110/2.115Agriculture › 505 ILCS 110 — Illinois Seed Law
  • 505 ILCS 110/2.116"Inoculant" means a commercial preparation containing nitrogen fixing bacteria applied to the seed
  • 505 ILCS 110/2.117"Kind" means one or more related species or subspecies which singly or collectively is known by one common name, for example, corn, oats, alfalfa and timothy
  • 505 ILCS 110/2.118"Label" means the display or displays of written printed or graphic matter upon or attached to the container of seed or shipping documents
  • 505 ILCS 110/2.119"Labeling" includes labels, and all other written, printed, or graphic representations, in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers, and includes representations on invoices
  • 505 ILCS 110/2.120"Lot" means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling
  • 505 ILCS 110/2.121"Mixture or blend" means seed consisting of more than one kind or variety each present in excess of 5% of the whole
  • 505 ILCS 110/2.121-5Non-commercial seed sharing
  • 505 ILCS 110/2.122"Official sample" means any sample of seed taken and designated as official by the Department
  • 505 ILCS 110/2.123"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
  • 505 ILCS 110/2.124"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
  • 505 ILCS 110/2.125"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
  • 505 ILCS 110/2.126"Person" includes any individual, partnership, corporation, company, society, or association
  • 505 ILCS 110/2.127"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
  • 505 ILCS 110/2.128"Record" includes all information relating to each lot of seed including propagation, condition and merchandising
  • 505 ILCS 110/2.129"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
  • 505 ILCS 110/2.130"Retail seed dealer" is one who sells agricultural, vegetable or lawn seed to consumers
  • 505 ILCS 110/2.131"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 from any other source, which contains less than 50% agricultural seeds or grains
  • 505 ILCS 110/2.132"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
  • 505 ILCS 110/2.132-5Seed library
  • 505 ILCS 110/2.133"Seed merchants" are those engaged in both wholesale and retail operations
  • 505 ILCS 110/2.133-5Seed swap event
  • 505 ILCS 110/2.134"Seeds" mean agricultural or vegetable seeds or other seeds as determined by regulations adopted by the Department
  • 505 ILCS 110/2.135"Seizure" means a legal process carried out by court order against a definite amount of seed
  • 505 ILCS 110/2.136Agriculture › 505 ILCS 110 — Illinois Seed Law
  • 505 ILCS 110/2.137"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
  • 505 ILCS 110/2.138"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 and for which a claim is made
  • 505 ILCS 110/2.139"Type" means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions
  • 505 ILCS 110/2.140Agriculture › 505 ILCS 110 — Illinois Seed Law
  • 505 ILCS 110/2.141"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
  • 505 ILCS 110/2.142"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
  • 505 ILCS 110/2.143"Wholesale seed dealers" are those selling agricultural, vegetable or lawn seed for resale
  • 505 ILCS 110/2.144Cool weather grasses
  • 505 ILCS 110/3Department to administer Act - Rules and regulations - Guidance of Federal Seed Act
  • 505 ILCS 110/4Label requirements
  • 505 ILCS 110/4.1All 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
  • 505 ILCS 110/4.2Agriculture › 505 ILCS 110 — Illinois Seed Law
  • 505 ILCS 110/4.2aAgricultural seeds that are coated shall be labeled with: (1) Percentage of pure seeds with coating material removed
  • 505 ILCS 110/4.2bLabeling 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
  • 505 ILCS 110/4.4Labeling 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 of seed
  • 505 ILCS 110/4.5Agriculture › 505 ILCS 110 — Illinois Seed Law
  • 505 ILCS 110/5Prohibitions
  • 505 ILCS 110/5.1It 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 manner that may defeat the purpose of this Act
  • 505 ILCS 110/6Records
  • 505 ILCS 110/7Exemptions
  • 505 ILCS 110/7.1Agriculture › 505 ILCS 110 — Illinois Seed Law
  • 505 ILCS 110/8Duties and authority of state seed law enforcement officer
  • 505 ILCS 110/8.1Agriculture › 505 ILCS 110 — Illinois Seed Law
  • 505 ILCS 110/9University of Illinois Agriculture Experiment Station as official certifying agency

Enacted in other states

California, Georgia, Maine, Nebraska, New Mexico, Tennessee

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