reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart G - LAGOON FINANCIAL RESPONSIBILITY › Section 900.714 - Participation in a Livestock Waste Lagoon Closure Fund

Current through Register Vol. 48, No. 28, July 12, 2024
a) A lagoon owner may provide evidence of
				financial responsibility for closure of a livestock waste lagoon by
				participating in a livestock waste lagoon closure fund managed by the Illinois
				Farm Development Authority. An owner electing to provide evidence of financial
				responsibility under this Section must submit a certificate of participation in
				such a lagoon closure fund to the Department.
b) The certificate of participation submitted
				pursuant to subsection (a) of this Section must include:
1) the level of surety for the
				lagoon;
2) the dollar amount of
				coverage provided by the lagoon closure fund;
3) the dates for which coverage is provided;
				and
4) a financial statement of the
				lagoon closure fund establishing the lagoon closure fund's compliance with the
				requirements of this Section.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart G - LAGOON FINANCIAL RESPONSIBILITY › Section 900.720 - Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may order a lagoon removed from service if the
				  owner fails to provide evidence of financial responsibility to the Department
				  or fails to maintain financial responsibility in the amount required pursuant
				  to Section
				  900.703 of this
				  Subpart.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart H - WASTE MANAGEMENT PLAN › Section 900.801 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
Livestock waste management plans shall be prepared by
				  livestock management facility owners or operators to provide for adequate land
				  area for the proper application of livestock waste at rates not to exceed the
				  agronomic nitrogen demand of the crops to be grown when averaged over a 5-year
				  period or at the phosphorus rate, depending on soil test results.
				  [510
				  ILCS 77/20(f)(4) ]
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart H - WASTE MANAGEMENT PLAN › Section 900.802 - Scope and Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				waste management plan shall be prepared according to the requirements contained
				in Section 20 of the Livestock Management Facilities Act [510
				ILCS 77/20 ] and in this Subpart. The application of
				livestock waste to the land is an acceptable, recommended, and established
				practice in Illinois. However, when livestock waste is not applied in a
				responsible manner, it may create pollutional problems. It is considered
				acceptable to prepare and implement a waste management plan based on a nitrogen
				rate, unless otherwise restricted by Section 20 of the Livestock Management
				Facilities Act and this Part. [510
				ILCS 77/20(f) ]
b) The livestock management facility owner or
				operator at a facility of less than 1,000 animal units shall not be required to
				prepare and maintain a waste management plan. [510
				ILCS 77/20(b) ]
c) The livestock management facility owner or
				operator at a facility of 1,000 or greater animal units but less than 5,000
				animal units shall prepare, maintain and implement a waste management plan and
				comply with the following:
1) For facilities
				which commence operations or reach or exceed 1,000 animal units after January
				1, 2001, the owner or operator shall prepare, maintain, and implement a waste
				management plan within 60 working days after commencing operations or exceeding
				1,000 animal units;
2) Prior to the
				expiration of the waste management plan preparation period, the owner or
				operator shall submit to the Department a form certifying that a waste
				management plan has been prepared. The form shall list the animal unit capacity
				of the facility and the location of the plan;
3) The waste management plan and records of
				livestock waste disposal shall be kept on file at the facility for a period of
				three years and shall be available for inspection by Department personnel
				during normal business hours; and
4) Notwithstanding the provisions of this
				subsection (c), a livestock management facility subject to this subsection (c)
				may be operated on an interim basis but not to exceed 6 months after the
				effective date of this Part to allow for the owner or operator of the facility
				to develop a waste management plan. [510
				ILCS 77/20(c) ]
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart H - WASTE MANAGEMENT PLAN › Section 900.803 - Waste Management Plan Contents

Current through Register Vol. 48, No. 28, July 12, 2024
The livestock waste management plan shall contain the
				  following items:
a) Name, address, and
				phone number of the owners of the livestock facility;
b) Name, address, and phone number of the
				managers or operators if different than the owners;
c) Address, phone number, and plat location
				of the facilities;
d) Type of waste
				storage for the facilities;
e)
				Species, general size, number of animals, and number of animal units at the
				facilities;
f) Aerial photos or
				maps depicting fields available and intended for livestock waste applications
				with available acreage listed and indicating residences, non-farm businesses,
				common places of assembly, streams, wells, waterways, lakes, ponds, rivers,
				drainage ditches, other water sources, and areas restricted for application by
				this Subpart;
g) For application
				fields not owned or rented, copies of waste application agreements between the
				owner or operator of the livestock facilities and the owner of the land where
				livestock waste will be applied;
h)
				Cropping schedule for each field for the past year, anticipated crops for the
				current year, and anticipated crops for the next two years after the current
				year;
i) Targeted crop yield goal
				for each crop in each field;
j) An
				estimate of the nutrient value of the waste [510
				ILCS 77/20(f)(3) ];
k) Livestock waste application
				methods;
l) Results of the Bray P1
				or Mehlich test for soil phosphorus reported in pounds of elemental phosphorus
				per acre [510
				ILCS 77/20(f) (3.5 )];
m) Calculations showing the following:
1) An estimate of the volume of livestock
				waste to be disposed of annually [510
				ILCS 77/20(f) (1) ];
2) Nitrogen loss due to the method of
				storage, if applicable;
3) Amount
				of nitrogen available for application;
4) Nitrogen loss due to the method of
				application;
5) Amount of
				plant-available nitrogen including first-year mineralization of organic
				nitrogen;
6) Amount of nitrogen
				required by each crop in each field based on targeted crop yield
				goal;
7) Nitrogen credits from
				previous crops, from other sources of fertilizer applied for the growing
				season, and from any manure applications during the previous three years for
				each application field;
8)
				Livestock waste application rate based on nitrogen for each application field;
				and
9) Land area required for
				application;
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart H - WASTE MANAGEMENT PLAN › Section 900.804 - Livestock Waste Volumes

Current through Register Vol. 48, No. 28, July 12, 2024
The estimate of the annual volume of available livestock
				  waste for application, as required in Section
				  900.803(m)(1)
				  of this Part, shall be obtained by multiplying the number of animals
				  constituting the maximum design capacity of the facility by the appropriate
				  amount of waste generated by the animals. [510
				  ILCS 77/20(f)(1) ] The following
				  sources may be used to obtain the amount of waste generated: MidWest Plan
				  Service, MWPS-18, Livestock Waste Facilities Handbook, Table 2-1, or 35 Ill.
				  Adm. Code 560, Table 1.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart H - WASTE MANAGEMENT PLAN › Section 900.805 - Nutrient Value of Livestock Waste

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or operator may prepare a plan
				based on an average of the minimum and maximum numbers in the table values
				derived from MidWest Plan Service's MWPS-18, Livestock Waste Facilities
				Handbook (Table 2-1, 10-6, or 10-7) or the Agency's Agriculture Related
				Pollution regulations (35 Ill. Adm. Code 560, Table 1 or Table 2), or the
				results of analysis performed on samples of waste. [510
				ILCS 77/20(f)(3) ] If "as produced"
				or "as excreted" nutrient values are used, the nitrogen value shall be adjusted
				to account for losses due to the type of storage system utilized using an
				average of the ranges in MidWest Plan Service, MWPS-18, Livestock Waste
				Facilities Handbook, Table 10-1. Other sources of nutrient values may be used
				if approved by the Department.
b)
				If results of an analysis performed on samples of waste are used for the
				nutrient values in a plan, the following procedures shall be followed:
1) The livestock waste handling facility
				owner or operator shall annually obtain a laboratory analysis of the nutrient
				content of the livestock waste to be applied to land as provided within the
				waste management plan. Livestock waste shall be sampled during the application
				process. Multiple subsamples shall be obtained and combined into one sample so
				that a representative sample is obtained for analysis. Results of a sample
				taken during waste application the previous year can be used for plan
				preparation unless there has been a change in the waste management practices
				during the year.
2) Livestock waste
				sampling shall be performed under the direction of a certified livestock
				manager to ensure a representative sample from the livestock waste storage
				facility and to preserve the integrity of the sample.
3) The laboratory analysis of the livestock
				waste sample shall include, but not be limited to, total nitrogen, ammonium
				nitrogen, total phosphorus, and total potassium. Results of the analysis shall
				be included in the waste management plan.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart H - WASTE MANAGEMENT PLAN › Section 900.806 - Adjustments to Nitrogen Availability

Current through Register Vol. 48, No. 28, July 12, 2024
Adjustments shall be made to nitrogen availability to account
				  for the following:
a) Nitrogen loss
				from livestock waste due to method of application, as required in Section
				900.803(m)(4)
				of this Part and obtained from an average of the ranges in MidWest Plan
				Service, MWPS-18, Livestock Waste Facilities Handbook, Table 10-2;
				and
b) The first-year
				mineralization of organic nitrogen into a plant available form, as required in
				Section
				900.803(m)(5)
				of this Part and obtained from MidWest Plan Service, MWPS-18, Livestock Waste
				Facilities Handbook, Table 10-5.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart H - WASTE MANAGEMENT PLAN › Section 900.807 - Targeted Crop Yield Goal

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				targeted crop yield goal, as required in Section
				900.803(m)(6)
				of this Part, shall be determined for each field where the livestock waste is
				to be applied. The targeted crop yield goal shall be determined by obtaining an
				average yield over a five-year period from the field where livestock waste is
				to be applied. The following listing of sources of data shall be utilized to
				determine the targeted crop yield goal.
1)
				Proven yields. The proven yield shall be determined by obtaining an average
				yield over a five-year period from the field where livestock waste is to be
				applied. The owner or operator shall indicate the method used to determine the
				proven yield. Data from years with crop disasters may be discarded. Proven
				yields shall be used unless there is a sound agronomic basis for predicting a
				different targeted crop yield goal;
2) Crop insurance yields. A copy of the crop
				insurance yields shall be included in the plan; or
3) Farm Service Agency - United States
				Department of Agriculture yields. A copy of the assigned crop yields shall be
				included in the plan.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart H - WASTE MANAGEMENT PLAN › Section 900.808 - Nitrogen Credits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Nitrogen credits shall be calculated by the livestock facility owner or
				operator, pursuant to Section
				900.803(m)(7)
				of this Part, for nitrogen-producing crops grown the previous year, for other
				sources of nitrogen applied for the growing season, and for mineralized organic
				nitrogen in livestock waste applied during the previous three years.
b) Nitrogen credits shall be calculated by
				the livestock facility owner or operator for the mineralized organic nitrogen
				in livestock waste applied during the previous three years at the rate of 50%,
				25%, and 12.5 %, respectively, of that mineralized during the first
				year.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart H - WASTE MANAGEMENT PLAN › Section 900.809 - Records of Waste Disposal

Current through Register Vol. 48, No. 28, July 12, 2024
Records of the livestock waste disposal shall include the
				  following items:
a) Date of livestock
				waste application;
b) The field
				where livestock waste application was made;
c) Method of livestock waste
				application;
d) Livestock waste
				application rate;
e) Number of
				acres receiving waste; and
f)
				Amount of livestock waste applied.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart H - WASTE MANAGEMENT PLAN › Section 900.810 - Approval of Waste Management Plans

Current through Register Vol. 48, No. 28, July 12, 2024
a) Department approval of livestock waste
				management plans shall be based on the following criteria:
1) Livestock waste application rate of
				nitrogen not to exceed the crop nitrogen requirements for targeted crop yield
				goals;
2) Demonstration of adequate
				land area for livestock waste application based on Section
				900.803
				of this Part; and
3) Completeness
				and accuracy of plan contents as specified in Section
				900.803
				of this Part.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart H - WASTE MANAGEMENT PLAN › Section 900.811 - Sludge Removal

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Within 60 days prior to periodic removal of sludge from a livestock waste
				storage structure, the livestock facility owner or operator shall test the
				sludge for nutrient content. Application of the sludge to the land shall not
				exceed the nitrogen requirement to obtain targeted yields of the crop to be
				grown for fields with soil phosphorus test results of 300 pounds or less of
				elemental phosphorus per acre pursuant to Section
				900.813(a)
				of this Subpart. Application of the sludge shall be at a rate not to exceed the
				phosphorus rate on fields with soil phosphorus test results of greater than 300
				pounds of elemental phosphorus per acre pursuant to Section
				900.813(b) and
				(c)(3) of this Subpart.
b) Prior to the removal of the remaining
				livestock waste, soil, and sludge during a lagoon closure, the waste, soil, and
				sludge shall be tested for nutrient content. Application of the waste, soil,
				and sludge to the land shall not exceed the nitrogen requirement to obtain
				targeted yields of the crop to be grown for fields with soil phosphorus test
				results of 300 pounds or less of elemental phosphorus per acre pursuant to
				Section
				900.813(a)
				of this Subpart. Application of the waste, soil, and sludge shall be at a rate
				not to exceed the phosphorus rate on fields with soil phosphorus test results
				of greater than 300 pounds of elemental phosphorus per acre pursuant to Section
				900.813(b) and
				(c)(3) of this Subpart.
c) Nitrogen requirements based on targeted
				yields for the crop to be grown may be met but shall not be exceeded by any
				combination of the following:
1) Livestock
				waste applications;
2) Periodic
				sludge applications; or
3)
				Remaining livestock waste, soil, or sludge applications during a waste storage
				structure closure.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart H - WASTE MANAGEMENT PLAN › Section 900.812 - Soil Phosphorus Testing

Current through Register Vol. 48, No. 28, July 12, 2024
Soil samples shall be obtained and analyzed from the
				  livestock waste application fields on land owned or under the control of the
				  owner or operator where applications are planned. Fields where livestock waste
				  is applied shall be sampled every 3 years. Sampling procedures, such as the
				  number of samples and the depth of sampling, as outlined in the Illinois
				  Agronomy Handbook shall be followed when soil samples are obtained.
				  [510
				  ILCS 77/20(f) (3.5 )] For the
				  purposes of this Subpart, "land owned or under the control of" means livestock
				  waste application fields which are owned, rented, or leased by the owner or
				  operator of the livestock management facility or livestock waste handling
				  facility, or those fields that are the subject of a livestock waste application
				  agreement between the facility owner or operator and the land
				  owner.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart H - WASTE MANAGEMENT PLAN › Section 900.813 - Phosphorus Based Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the average Bray P1 or Mehlich test
				result for soil phosphorus calculated from samples obtained from the
				application field is 300 pounds or less of elemental phosphorus per acre,
				livestock waste may continue to be applied to that field in accordance with
				subsection (f) of Section 20 of the Livestock Management Facilities Act
				[510
				ILCS 77/20(f) ] and this Subpart.
				[510
				ILCS 77/20(f) (3.6 )]
b) If the average Bray P1 or Mehlich test
				result for soil phosphorus for an application field is greater than 300 pounds
				of elemental phosphorus per acre, the owner or operator shall apply livestock
				waste at a rate not to exceed the phosphorus maintenance fertilizer rate to the
				field pursuant to subsection (c) of this Section, until the average Bray P1 or
				Mehlich test for soil phosphorus indicates there is less than 300 pounds of
				elemental phosphorus per acre. [510
				ILCS 77/20(f) (3.6)]
c) If a phosphorus application rate is
				required for a field, the plan shall be amended by the owner or operator for
				that field to determine the maximum livestock waste application rate. The
				amendment to the plan for that field shall contain the following:
1) The phosphorus content of the livestock
				waste, expressed as P2O5, derived
				from MidWest Plan Service's MWPS-18, Livestock Waste Facilities Handbook (Table
				2-1, 10-6, or 10-7), 35 Ill. Adm. Code 560 (Table 1 or Table 2), or the results
				of analysis performed on samples of waste;
2) The targeted crop yield goal of each crop
				in the field, obtained pursuant to Section
				900.807
				of this Subpart;
3) The phosphorus
				maintenance fertilizer amount, expressed as
				P2O5 for the targeted crop yield
				goal of each planned crop, obtained from the Illinois Agronomy Handbook;
				and
4) The maximum livestock waste
				application rate, calculated from the items in this subsection (c), for each
				planned crop.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart H - WASTE MANAGEMENT PLAN › Section 900.814 - Plan Updates

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				waste management plan shall be reviewed annually by the livestock facility
				owner or operator and updated when there is a change in the volume of livestock
				waste to be disposed of annually, calculated pursuant to Section
				900.804
				of this Subpart, that will cause additional application land not already
				included in the plan to be needed.
b) The waste management plan shall also be
				updated when at least one of the following occurs:
1) The average Bray P1 or Mehlich test result
				for soil phosphorus for an application field is greater than 300 pounds of
				elemental phosphorus per acre, in which case a separate plan for that field
				shall be prepared pursuant to Section
				900.813
				of this Subpart if application to that field is to continue;
2) A change in land that is available for
				livestock waste application occurs, if the land is not currently included in
				the waste management plan;
3) A
				change in the method of livestock waste disposal or application occurs;
				or
4) A change in the crop to be
				grown on the application field occurs, if the crop is not already included in
				the plan.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart H - WASTE MANAGEMENT PLAN › Section 900.815 - Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person who
				is required to prepare a waste management plan and who fails to do so shall be
				subject to the following:
1) The person shall
				be issued a warning letter by the Department for the first violation and shall
				be given 30 working days to prepare a waste management plan.
2) For failure to prepare a waste management
				plan within 30 working days pursuant to subsection (a)(1) of this Section, the
				person shall be fined an administrative penalty of up to $1,000 by the
				Department and shall be required to enter into an agreement of compliance to
				prepare a waste management plan within 30 working days.
3) For failure to prepare a waste management
				plan after the second 30 day period or for failure to enter into a compliance
				agreement pursuant to subsection (a)(2) of this Section, the Department may
				issue an operational cease and desist order until compliance is attained.
				[510
				ILCS 77/20(g) ]
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Subpart H - WASTE MANAGEMENT PLAN › Section 900.816 - Odor Control

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Operators of livestock waste handling facilities shall practice odor control
				methods during the course of manure removal and field application. Odor control
				methods shall be those methods identified in the rules adopted pursuant to the
				Illinois Environmental Protection Act concerning agriculture related pollution
				as set forth in 35 Ill. Adm. Code
				501.405(b).
				[510 ILCS
				77/25(a) ]
b) Upon the occurrence of a violation of this
				Section, the following procedures shall be followed:
1) For a first violation of this Section by
				the owner or operator of a livestock management facility or livestock waste
				handling facility, the Department shall send the owner or operator a written
				notice of the violation by certified mail, return receipt requested.
2) If after an administrative hearing the
				Department finds that the owner or operator of a livestock management facility
				or livestock waste handling facility has committed a second violation of this
				Section, the Department shall impose on the owner or operator a civil
				administrative penalty in an amount not exceeding $1,000. The Attorney General
				may bring an action in the circuit court to enforce the collection of a penalty
				imposed under this Section.
3) If
				after an administrative hearing the Department finds that the owner or operator
				of a livestock management facility or livestock waste handling facility has
				committed a third violation of this Section, the Department shall enter an
				administrative order directing that the owner or operator cease operation of
				the facility until the violation is corrected.
4) If a livestock management facility or
				livestock waste handling facility has not committed a violation of this Section
				within the 5 years immediately preceding a violation, the violation shall be
				construed and treated as a first violation. [510 ILCS
				77/25(d) ]
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 900 - LIVESTOCK MANAGEMENT FACILITY REGULATIONS › Appendix A - Surety Instruments › ILLUSTRATION B - Irrevocable Standby Letter of Credit

Current through Register Vol. 48, No. 28, July 12, 2024
IRREVOCABLE STANDBY LETTER OF CREDIT
Director
Illinois Department of Agriculture
P. O. Box 19281
Springfield, IL 62794-9281
Dear Sir or Madam:
We have authority to issue letters of credit. Our
				  letter-of-credit operations are regulated by the Illinois Commissioner of Banks
				  and Real Estate or our deposits are insured by the Federal Deposit Insurance
				  Corporation or the Federal Savings and Loan Insurance Corporation. (Omit
				  language that does not apply.)
We hereby establish our Irrevocable Standby Letter of Credit
				  No. ____ in your favor, at the request and for the account of __________ up to
				  the aggregate amount of __________U.S. dollars ($___________), available upon
				  presentation of:
1. your sight draft,
				bearing reference to this letter of credit No. ________; and
2. your signed statement reading as follows:
				"I certify that the amount of the draft is payable pursuant to regulations
				issued under authority of the Livestock Management Facilities Act [510 ILCS 77
				] and 35 Ill. Adm. Code 900.7 -6(a) or (c)."
This letter of credit is effective as of __________________
				  and shall expire on __________________.
Whenever this letter of credit is drawn on, under and in
				  compliance with the terms of this credit, we shall duly honor such draft upon
				  presentation to us, and we shall deposit the amount of draft directly into a
				  designated account in accordance with your instructions.
This letter of credit is governed by the Uniform Commercial
				  Code [810 ILCS 5 ].
Signature
				  _________________________________________________________________________________
Typed Name
				  _______________________________________________________________________________
Title
				  ______________________________________________________________________________________
Date
				  ______________________________________________________________________________________
Name and address of issuing institution
				  __________________________________________________________
This credit is subject to
				  ________________________________________________________________________
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 955 - MUNICIPAL URBAN AGRICULTURAL AREAS › Subpart A - PURPOSE AND DEFINITIONS › Section 955.10 - Purpose and General Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Purpose
The purpose of this Part is to establish definitions to
				  determine the status of a "qualifying farmer" under the Act, and to outline the
				  process to obtain an advisory opinion from the Department.
b) Definitions
The Department incorporates by reference the definitions of
				  terms in Article 11, Division 15.4 of the Illinois Municipal Code [ 65 ILCS 5
				  ].
"Act" means Article 11, Division 15.4 of the Illinois
				  Municipal Code [ 65 ILCS 5 ].
"Department" means the Illinois Department of
				  Agriculture.
"Farmer" means a person who has filed an urban agricultural
				  area application with an urban agricultural area committee.
"Urban agricultural area" means an area defined by a
				  municipality and entirely within that municipality's boundaries within which
				  one or more qualifying farmers are processing, growing, raising, or otherwise
				  producing locally-grown agricultural products, as defined by the Act.
"Urban agricultural area committee" means a committee
				  established under the Act, organized for the purpose of reviewing applications
				  for urban agricultural areas.
"Secretary" means the Secretary of the U.S. Department of
				  Agriculture.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 955 - MUNICIPAL URBAN AGRICULTURAL AREAS › Subpart A - PURPOSE AND DEFINITIONS › Section 955.20 - Definition of Beginning Farmer

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Source
The Department incorporates the Secretary's definition of a
				  beginning farmer as stated in subsection (b).
b) Definition
1) A beginning farmer is a farmer that has:
A) not operated a farm, or who has not
				operated a farm for not more than 10 consecutive years. This requirement
				applies to all members of an entity that operates as a farmer; and
B) will materially and substantially
				participate in the operation of the farm.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 955 - MUNICIPAL URBAN AGRICULTURAL AREAS › Subpart A - PURPOSE AND DEFINITIONS › Section 955.30 - Definition of Small- or Medium-Sized Farmer

Current through Register Vol. 48, No. 28, July 12, 2024
Definition
A small- or medium-sized farmer means a farmer who has
				  received a Direct Farm Ownership Microloan, or a Direct Farm Operating
				  Microloan, through the USDA Microloan Program.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 955 - MUNICIPAL URBAN AGRICULTURAL AREAS › Subpart A - PURPOSE AND DEFINITIONS › Section 955.40 - Definition of Limited Resource Farmer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Source
The Department incorporates the Secretary's definition of a
				  limited resource farmer as stated in subsection (b).
b) Definition
1) A limited resource farmer is a farmer that
				has:
A) direct or indirect gross farm sales
				that are less than the current indexed value in each of the previous 2 years;
				and
B) a total household income at
				or below the national poverty level for a family of 4, or less than 50% of the
				county median household income in each of the previous 2 years.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 955 - MUNICIPAL URBAN AGRICULTURAL AREAS › Subpart A - PURPOSE AND DEFINITIONS › Section 955.50 - Definition of Socially-Disadvantaged Farmer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Source
The Department incorporates the Secretary's definition of a
				  socially-disadvantaged farmer as stated in subsection (b).
b) Definition
1) A socially-disadvantaged farmer is a
				farmer that is a member of a socially disadvantaged group. A socially
				disadvantaged group is a group whose members have been subject to racial or
				ethnic prejudice because of their identity as members of a group, without
				regard to their individual qualities. These groups consist of the following:
A) American Indians or Alaskan
				Natives;
B) Asians;
C) Blacks or African Americans;
D) Native Hawaiians or other Pacific
				Islanders; and
E)
				Hispanics.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 955 - MUNICIPAL URBAN AGRICULTURAL AREAS › Subpart B - GENERAL PROVISIONS › Section 955.60 - Advisory Opinions from the Department

Current through Register Vol. 48, No. 28, July 12, 2024
a) Requesting an Opinion
An urban agricultural area committee that desires an opinion
				  from the Department as to whether an applicant meets one of the definitions to
				  be considered a qualifying farmer under the Act may request that opinion in
				  writing. The request for an opinion should include the application and all
				  relevant materials. The request should be sent to:
Illinois Department of Agriculture
Attn: Director
P.O. Box 19281
Springfield IL 62794-9281
b) Department's Response
Upon receiving a request for an opinion, the Director shall
				  review and, within 90 days after the date of receipt of the request, notify the
				  urban agricultural area committee in writing of his or her opinion. The written
				  opinion will constitute a "decision" under the Administrative Review Act [ 735
				  ILCS 5 /Art. III].
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1000 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 1000.20 - Referenced Materials

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				following federal statutes and regulations are referenced in this Part:
1) Federal Food, Drug, and Cosmetic Act (
				21
				USC 301 et seq.)
2) Fair Packaging and Labeling Act (
				15 USC
				1451 et seq.)
3) Tolerances and Exemptions for Pesticide
				Chemical Residues in Food ( 40 CFR 180 )(2013)
4) Poison Prevention Packaging Act of 1970 (
				15
				USC 1471 et seq.)
5) Poison Prevention Packaging ( 16 CFR 1700
				)(2014)
6) Federal Insecticide,
				Fungicide, and Rodenticide Act (FIFRA) (
				7 USC
				136 )
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1000 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 1000.30 - Scope and Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) It
				is the duty of the Department to enforce the provisions of the Act relating to
				the registration and oversight of cultivation centers unless otherwise provided
				for in the Act. [410
				ILCS 130/15(b) ]
b) A cultivation center shall be in
				compliance with all of this Part prior to the commencement of operational
				activities and/or storage of medical cannabis.
c) This Part shall apply to applicants for
				and holders of a cultivation center permit to propagate, cultivate, harvest,
				prepare, cure, package, store and label medical cannabis, whether in
				concentrated form or otherwise.
d)
				Authorized On-Premises Storage. A cultivation center is authorized to store
				cannabis and cannabis-infused products inventory on the permitted premises. All
				inventory stored on the permitted premises must be secured in a limited access
				area and tracked consistently with Section
				1000.435.
e) Packaging and Labeling Standards Required.
				A cultivation center is prohibited from selling cannabis that is not packaged
				and labeled in accordance with Section
				1000.420.
f) Sale to Consumer Prohibited. A cultivation
				center is prohibited from selling cannabis or any cannabis-infused product
				directly to a consumer.
g)
				Consumption Prohibited. A cultivation center shall not permit the consumption
				of cannabis or cannabis-infused products on its permitted premises.
h) The Department, DPH and DFPR shall enter
				into intergovernmental agreements, as necessary, to carry out the provisions of
				the Act including, but not limited to, the provisions relating to the
				permitting and oversight of cultivation centers, dispensing organizations, and
				qualifying patients and caregivers. (Section 15 of the Act)
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1000 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 1000.40 - Operation of a Cultivation Center

Current through Register Vol. 48, No. 28, July 12, 2024
a) Only a cultivation center that has been
				issued a permit by the Department under the provisions of the Act and this Part
				shall own and operate a cultivation center facility.
b) A cultivation center, including each
				principal officer, board member, agent and employee shall not:
1) produce or manufacture cannabis in any
				place except in those areas designated in the permit;
2) sell, deliver, transport or distribute
				cannabis from any place except its permitted cultivation facility;
3) produce or manufacture cannabis for use
				outside of Illinois;
4) sell,
				deliver, transport or distribute cannabis to any person or entity other than a
				dispensary organization registered with the DFPR, or a testing laboratory
				approved by the Department;
5)
				enter into an exclusive agreement with any dispensary facility;
6) refuse to conduct business with any
				dispensary facility that has the financial ability to pay for the medical
				cannabis and is licensed with the DFPR on the same terms and conditions as
				other dispensary facilities with whom the cultivation center is
				dealing;
7) either directly or
				indirectly discriminate in price among different dispensary organizations that
				are purchasing a like grade, strain, brand and quality of cannabis or
				cannabis-infused product. Nothing in this subsection (b)(7) prevents pricing
				medical cannabis differently based on differences in the cost of production,
				the quantities sold, such as volume discounts, the way the products are
				delivered, or delivery costs relative to distance travelled;
8) accept, solicit or offer any form of
				remuneration from or to a physician;
9) allow a physician to conduct a personal
				physical examination of a patient for purposes of diagnosing a debilitating
				medical condition at the permitted location;
10) allow a physician to hold a direct or
				indirect economic interest in the cultivation center if the physician
				recommends the use of medical cannabis to qualified patients or is in a
				partnership or other fee or profitsharing relationship with a physician who
				recommends medical cannabis;
11)
				allow a physician to serve on the board of directors or as an employee of the
				cultivation center; however, a cultivation center may hire a physician as an
				independent contractor provided the physician's involvement in the cultivation
				center is limited exclusively to designing or conducting non-proprietary
				medical research or studies;
12)
				accept referral of patients from a physician;
13) allow a physician to advertise at the
				cultivation center; or
14) accept
				any returned product unless it is as a result of a Department approved product
				recall.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1000 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 1000.60 - Evidence of Financial Responsibility - Terms

Current through Register Vol. 48, No. 28, July 12, 2024
a) In addition to the other terms and
				conditions permitted by the Act and this Part, upon request by the cultivation
				center for consideration of the following, the Department shall, by written or
				electronic notification, permit the cultivation center's $2,000,000 escrow
				account or surety bond to be reduced by $500,000 upon the successful
				achievement of each of the following milestones, resulting in a potential
				elimination of the escrow account or surety bond:
1) A determination by the Department that the
				cultivation center is fully operational and able to commence production of
				cannabis as provided for in the permit application of the cultivation
				center;
2) A determination by the
				Department that the cultivation center remained operational without substantial
				interruption, was able to provide an uninterrupted supply of medical cannabis
				to licensed dispensaries, as required by Sections
				1000.40(g)
				and
				1000.240, and operated
				without any violation of the Act or this Part for a one year period;
3) A determination by the Department that the
				cultivation center remained operational without substantial interruption, was
				able to provide an uninterrupted supply of medical cannabis to licensed
				dispensaries, as required by Sections
				1000.40(g)
				and 1000.240, and operated without any violation of the Act or this Part for
				two consecutive years; and
4) A
				determination by the Department that the cultivation center remained
				operational without substantial interruption, was able to provide an
				uninterrupted supply of medical cannabis to licensed dispensaries as required
				by Sections
				1000.40(g)
				and 1000.240, and operated without any violation of the Act or this Part for
				three consecutive years.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1000 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart A - GENERAL PROVISIONS › Section 1000.70 - Variances

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				may grant variances from this Part in individual cases when it finds that:
1) The applicable provision is not
				statutorily mandated;
2) No party
				will be injured by the granting of the variance;
3) The provision from which the variance is
				granted would, in the particular case, be unreasonable or unnecessarily
				burdensome; and
4) The variance
				requested is from the requirements of:
A)
				Section
				1000.220(a)(1)
				 to allow a cultivation center to be located
				within 1000 feet of a dispensary; or
B) Section
				1000.40(b)(4)
				 to allow the exchange or sale of seedlings,
				clones or cuttings of strains of cannabis between cultivation centers in the
				event of a shortage due to a catastrophic event or to promote the development
				and production of strains that are beneficial to patients.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1000 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart B - CULTIVATION CENTER PERMITS AND PERMIT SELECTION › Section 1000.100 - Permit Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				cultivation center permit shall be obtained for each facility prior to
				commencement of any production activities. The permit shall, along with any
				other certificate, business license or other authorization required to conduct
				production activities, be posted in a conspicuous place within the
				facility.
b) The Department shall
				accept applications for cultivation center permits for 14 calendar days after
				the date indicated on the Department's website as the commencement date for
				accepting applications.
1) Submissions shall
				be considered as submitted on the date on which they are postmarked or, if
				delivered in person during regular business hours, on the date on which they
				are so delivered or, if sent electronically, on the date received by the
				Department if received on or before 5 p.m. Central Time. If received
				electronically after 5 p.m. Central Time, they will be considered received on
				the next day.
2) Submissions
				received after the 14 day period or any way other than required in this
				subsection (b) shall be returned to the applicant.
3) Notification of the availability of
				applications will be posted on the Department's website at
www.agr.state.il.us/
. Application
				forms will be made available online at that website and may be completed online
				and submitted electronically to that website, at the discretion of the
				Department, or sent via U.S. mail to the address set forth in the
				application.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1000 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart B - CULTIVATION CENTER PERMITS AND PERMIT SELECTION › Section 1000.110 - Permits - Selection Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each application shall address all
				criteria and measures as set forth in this Part. The failure by an applicant to
				address all of the required criteria and measures will result in the
				application being denied.
b) The
				required criteria and measures shall include the following, with each criteria
				accounting for up to the indicated maximum number of the total points available
				for each criteria:
1) Suitability of the
				Proposed Facility (150 points):
A) Measure 1:
				The applicant demonstrates that the proposed facility is suitable for effective
				and safe cultivation of medical cannabis, sufficient in size, power allocation,
				air exchange and air flow, interior layout, lighting, and sufficient both in
				the interior and exterior to handle the bulk agricultural production of medical
				cannabis, cannabis-infused products, product handling, storage, trimming,
				packaging, loading and shipping. The loading/unloading of medical cannabis in
				the transport motor vehicle for shipping shall be in an enclosed, secure area
				out of public sight.
B) Measure 2:
				The applicant demonstrates the ability to continue to meet qualifying patient
				demand by expanding the cultivation facility in a quick and efficient manner
				with minimal impact on the environment and the surrounding community.
C) Measure 3: The applicant provides an
				employee handbook that will provide employees with a working guide to the
				understanding of the day-to-day administration of personnel policies and
				practices.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1000 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart B - CULTIVATION CENTER PERMITS AND PERMIT SELECTION › Section 1000.120 - Permit Issuance; Transferability

Current through Register Vol. 48, No. 28, July 12, 2024
a) A cultivation center permit shall be
				issued for the specific location identified on the application, and is valid
				only for the owner, premises and name designated on the permit and the location
				for which it is issued.
1) A cultivation
				center permit is not transferable to a new location without Department
				approval.
2) In the event that the
				Department approves the new location as meeting all requirements of the Act and
				this Part, the cultivation center shall have a brief transition period of no
				more than 90 days, approved by the Department, to transfer its inventory and
				begin operations at the new location.
A) The
				transition period shall not begin until the new location is ready to begin
				production.
B) No product may be
				transferred to or cultivated at the new location prior to the beginning date of
				this approved transition period.
C)
				Any product remaining at the original location past the transition period shall
				be destroyed in accordance with the provisions of Section
				1000.460.
D) The cultivation center shall notify the
				Department in writing or by electronic transmission once the transfer of
				inventory is complete and production has begun at the new location.
3) Upon inspection and
				verification by the Department that the new location is in compliance with the
				Act and this Part, the Department shall issue a permit modification reflecting
				the new location. The modified permit shall have the same expiration date as
				the previously issued permit.