reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 230 - ILLINOIS SEED LAW › Section 230.150 - Native grasses

Current through Register Vol. 48, No. 28, July 12, 2024
The following list of native grasses is hereby established in
				accordance with Section 5 of The Illinois Seed Law (Ill. Rev. Stat. 1987, ch.
				5, par. 405):
COMMON NAME
SCIENTIFIC NAME
Big Bluesteam
Andropogon gerardii
Indian Grass
Sorghastrum nutans
Switch Grass
Panicum virgatum
Little Bluesteam
Schizachyrium scoparium
Side Oats Grama
Bouteloua curtipendula
Nodding Wild Rye
Elymus canadensis
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 230 - ILLINOIS SEED LAW › Section 230.180 - Germination as to Mixtures

Current through Register Vol. 48, No. 28, July 12, 2024
The rules and methods adopted and approved by the Association
				of Official Seed Analysts of North America are adopted by the State Seed
				Laboratory for the testing and germination of all crop and vegetable seed, so
				long as they comply with the Illinois Seed Law. When samples of field seed
				contain less than 2% of such seed as alsike clover, ladino and white dutch
				clovers, or other seed of similar size, it will not be necessary to test such
				components for germination. When 100 seeds or less is found in excess of 2%,
				the germination test shall be made from the seeds obtained and percentages
				taken. When less than 2% of any of the components are found, it will not be
				necessary to test for germination on such components.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 230 - ILLINOIS SEED LAW › Section 230.190 - Disclaimers, Limited Warranties and Nonwarranties

Current through Register Vol. 48, No. 28, July 12, 2024
The use of a disclaimer, limited warranty, or nonwarranty
				clause in any invoice, advertising, labeling, or written, printed, or graphic
				matter, pertaining to any seed shall not constitute a defense, or be used as a
				defense in any way, in any prosecution or other proceeding brought under the
				provisions of the Act, or the rules made and promulgated thereunder. Nothing in
				this rule is intended to preclude the use of disclaimer, limited warranty, or
				nonwarranty clause as a defense in any proceeding not brought under the
				Act.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 230 - ILLINOIS SEED LAW › Section 230.200 - Use of the Department of Agriculture in Advertising

Current through Register Vol. 48, No. 28, July 12, 2024
No person, firm or corporation shall, in any manner, use for
				advertising purposes the name of the Illinois Department of Agriculture in
				connection with the sale of any agricultural seeds.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 230 - ILLINOIS SEED LAW › Section 230.210 - Seed Certifying Agency

Current through Register Vol. 48, No. 28, July 12, 2024
The University of Illinois Agricultural Experiment Station has
				appointed the Illinois Crop Improvement Association, the seed certifying agency
				in Illinois under the provisions of Section 9 of the Act. The Department of
				Agriculture will recognize as official the standards and rules for seed
				certification last established and authorized by the University of Illinois
				Agricultural Experiment Station and as carried out by its authorized agent, the
				Illinois Crop Improvement Association, under the authority granted in Section 9
				of the Act, provided they are in compliance with the Illinois Seed Law and its
				Rules.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 230 - ILLINOIS SEED LAW › Section 230.220 - Uncleaned Seed

Current through Register Vol. 48, No. 28, July 12, 2024
Agricultural seeds shall be considered uncleaned if the total
				inert matter and weed seeds exceed 20% of the sample in cases of bluegrasses,
				redtop, bentgrasses, orchardgrass, creeping red fescue, and smooth brome; and
				3% in all other agricultural seeds. Such seeds shall not be sold within this
				State.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 230 - ILLINOIS SEED LAW › Section 230.240 - Revocation of Permits

Current through Register Vol. 48, No. 28, July 12, 2024
Permits may be revoked by the Director of Agriculture, State of
				Illinois, for violation of the Illinois Seed Law or the Rules as promulgated by
				the Department.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 230 - ILLINOIS SEED LAW › Section 230.250 - Refusal to Issue Permit

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may refuse to issue a permit to an applicant who
				has failed to comply with or abide by the Illinois Seed Law or the Rules
				promulgated by the Department.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 230 - ILLINOIS SEED LAW › Section 230.260 - Seed Contract

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with Section 11.1 of the Act, seed permit holders
				shall use "seed contracts" to represent the acquisition of agricultural seed
				from Illinois producers. Such contracts shall be organized on a calendar year
				basis and shall be maintained by the seed permit holder for at least two years
				after the close of the calendar year in which delivery was made against the
				contract.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 230 - ILLINOIS SEED LAW › Section 230.270 - Seed Disposition Report

Current through Register Vol. 48, No. 28, July 12, 2024
Section 11.2 of the Act requires all seed permit holders to
				produce a "seed disposition report." Such reports shall be produced on a
				calendar year basis and shall accompany the seed permit holder's annual renewal
				application. The seed disposition report shall express the total amount of each
				kind of seed. Furthermore, the seed disposition report must describe the method
				of disposal for all seed disposed of other than seed and, in the case of grain
				disposed of through a licensed Illinois grain dealer, the grain dealer's
				license number shall be recorded.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 230 - ILLINOIS SEED LAW › Section 230.280 - Removal of Seed Permit

Current through Register Vol. 48, No. 28, July 12, 2024
In no case, in his pursuit of enforcement action under Section
				12 of the Act, shall the Director cause a seed permit to be removed from the
				permit holders premises without first notifying the permit holder in writing of
				his intention to remove the permit; said written notice to describe the
				specific conditions which have caused him to pursue that
				action.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 230 - ILLINOIS SEED LAW › Exhibit A - Example of Label or Tag for Container of Agricultural, Vegetable or Other Seeds

Current through Register Vol. 48, No. 28, July 12, 2024
Click
				here to view image
* NOTE: Net Weight is optional on the label, please see 8 Ill.
				Adm. Code Section
				230.40(d)
				for complete information on "Net Weight" labeling.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 235 - SEED ARBITRATION › Section 235.10 - Term of Office for Review Committee

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with Section 15 of the Seed Arbitration Act, the
				term of office for a review committee member shall terminate on December 31 of
				each year. Re-appointment of existing members to the review committee will be
				automatically made unless the Director and the member are notified at least 30
				days before the term ends that the respective organization will appoint another
				person or a resignation is received from the member. Vacancies occurring on the
				review committee during an unexpired term shall be filled by the respective
				organization affected by the vacancy.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 235 - SEED ARBITRATION › Section 235.20 - Filing and File Fee of a Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
A complaint in writing along with a filing fee of $200 shall be
				submitted to the Director before any review procedures commence. Filing fees
				are non-refundable.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart A - NURSERY AND NURSERY STOCK; INSPECTION; CERTIFICATES › Section 240.10 - Storage and Display of Nursery Stock

Current through Register Vol. 48, No. 28, July 12, 2024
Persons and firms maintaining sales yards, stores, garden
				  centers or any place where nursery stock is sold must keep their nursery stock
				  stored or displayed under conditions which will maintain its vigor and it must
				  be prevented from becoming devitalized or weakened by drying or excessive heat
				  or cold by protecting the roots with dampened shavings, sawdust, shingle tow,
				  peat moss or any other similar material.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart A - NURSERY AND NURSERY STOCK; INSPECTION; CERTIFICATES › Section 240.20 - Inspection of Shipments of Nursery Stock in Transit

Current through Register Vol. 48, No. 28, July 12, 2024
All shipments of nursery stock entering the state, as well as
				  intrastate shipments, may be inspected in transit or at their destination in
				  order to determine whether or not they are moving in compliance with the
				  provision of the Illinois Insect Pest and Plant Disease Act. Factors
				  influencing decision to inspect nursery stock include origin of plant material,
				  destination of and probable distribution subsequently, whether or not a
				  quarantine or other requirements exist relative to either geographic area,
				  plant species or pests, personnel and budgetary restrictions.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart A - NURSERY AND NURSERY STOCK; INSPECTION; CERTIFICATES › Section 240.30 - Infested or Infected Shipments of Nursery Stock; Disposal or Treatment

Current through Register Vol. 48, No. 28, July 12, 2024
Shipments of nursery stock which upon inspection are found to
				  be infested with injurious insect pests or infected with injurious plant
				  diseases shall be treated or disposed of in whole or in part at the
				  recommendation of the Department. Disposed means to eradicate the disease or
				  pest by cutting, removing or destroying the infested or infected material or to
				  return it to its state or country of origin. Section 15 of the Act requires the
				  owner or person in charge of infested or infected stock to eradicate, control
				  or prevent the dissemination of injurious insects or plant diseases. In
				  accordance with its authority under Section 3 of the Act, the Department will,
				  at the expense of the owner or person in charge, treat, remove, cut or destroy
				  infested or infected material if the owner or person in charge fails, neglects
				  or refuses to do so. If the owner or person in charge fails, neglects or
				  refuses to treat or dispose of the infected or infested material within 10 days
				  from the date notice of infestation or infection and the Department's
				  recommendation is given the owner or person in charge, the Department will give
				  written notice of and hold an administrative hearing to determine whether to
				  treat or dispose of the infested or infected material. The Department will
				  consider when determining whether to treat or dispose of the infested or
				  infected material the type of infestation or infection, its harmful effect, the
				  manner in which the pest or disease spreads, known available treatments, cost
				  factors of treatment versus disposal, and amount and type of infested or
				  infected material.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart A - NURSERY AND NURSERY STOCK; INSPECTION; CERTIFICATES › Section 240.40 - Listing of Other States' Certified Nurseries

Current through Register Vol. 48, No. 28, July 12, 2024
Each state from which nursery stock is shipped to the State
				  of Illinois shall provide the Department with an up-to-date certified copy of
				  that state's certified nurseries and nursery dealers.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart A - NURSERY AND NURSERY STOCK; INSPECTION; CERTIFICATES › Section 240.50 - Revocation of Certificates

Current through Register Vol. 48, No. 28, July 12, 2024
Nurserymen's certificates, dealers' certificates and firewood
				  importer certificates may be revoked by the Director of Agriculture, State of
				  Illinois, for violation of the Illinois Insect Pest and Plant Disease Act [505
				  ILCS 90 ] (the Act) or this Part. Revocation hearings and decisions of
				  Department personnel are subject to 8 Ill. Adm. Code
				  240.160.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart A - NURSERY AND NURSERY STOCK; INSPECTION; CERTIFICATES › Section 240.60 - Special Certification: Sales, Trades, and Auctions by Garden Clubs and Social Organizations

Current through Register Vol. 48, No. 28, July 12, 2024
A garden club or social organization may request the
				  Department to inspect plants or nursery stock that it is planning to sell,
				  trade, or auction. The request for inspection shall be made to the Department
				  in writing or by telephone at least ten (10) days prior to the time of the
				  intended sale, trade, or auction. A certificate of inspection shall be issued
				  if the inspection reveals the plants or nursery stock are apparently free from
				  insect pests and plant diseases. If the inspection reveals plant diseases or
				  insect pests, the Department shall follow the procedure set forth in Section
				  22.04 of the Act. This inspection service and the certificate shall be provided
				  according to the fee schedule established for special inspections in Section
				  240.140.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart A - NURSERY AND NURSERY STOCK; INSPECTION; CERTIFICATES › Section 240.70 - Special Certification: Plants and Nursery Stock Shipped by Individual Residents

Current through Register Vol. 48, No. 28, July 12, 2024
Special certificates verifying plants and nursery stock are
				  apparently free of insect pests and plant diseases shall be issued to residents
				  of this State on individual shipments to destinations limited to states within
				  the continental boundary of the United States after proper inspection has been
				  made and if plants and nursery stock meet the health specifications of the
				  state of destination. Inspection service and certificates will be provided
				  according to the fee schedule established for Special
				  Inspections.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart A - NURSERY AND NURSERY STOCK; INSPECTION; CERTIFICATES › Section 240.80 - Inspection of Private Premises, Public Grounds and Forest Preserves

Current through Register Vol. 48, No. 28, July 12, 2024
The Department of Agriculture shall inspect private premises,
				  public grounds and forest preserves when requested by the owner or custodian of
				  same, to determine their freedom from insect pests and plant diseases and
				  prescribe control measures for same, except that actual inspection will not be
				  made in cases where Department personnel can diagnose through information
				  available the type of infection or infestation and prescribe the methods for
				  control, treatment or eradication. Inspection service and certificates will be
				  provided according to the fee schedule established for Special
				  Inspections.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart A - NURSERY AND NURSERY STOCK; INSPECTION; CERTIFICATES › Section 240.90 - Inspection of Native Trees for Resale

Current through Register Vol. 48, No. 28, July 12, 2024
Native trees dug and collected by a nurseryman or nursery
				  dealer shall be inspected and be certified free of insect pests and plant
				  diseases. Inspection may be done at the digging or unloading site at the
				  Department's discretion. Inspection and certification of native dug trees shall
				  be provided at no additional charge to the nursery inspection fee, provided the
				  Department is given at least three (3) days notice in writing or by telephone
				  so the inspection can be included as part of the inspector's regularly
				  scheduled trip.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart A - NURSERY AND NURSERY STOCK; INSPECTION; CERTIFICATES › Section 240.100 - Refusal to Inspect Nursery

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may refuse to inspect a nursery if it is not
				  kept in a reasonably well cultivated condition and free from weeds so that the
				  inspector is able to make an adequate inspection of the nursery stock in order
				  to determine its freedom from insect pests and plant
				  diseases.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart A - NURSERY AND NURSERY STOCK; INSPECTION; CERTIFICATES › Section 240.110 - Sale of Nursery Stock Which is Infected Prohibited

Current through Register Vol. 48, No. 28, July 12, 2024
Nursery stock in nurseries, or parts thereof, found to
				  contain any injurious plant diseases or insect pests as defined shall be
				  withheld from sale and the stock treated, or otherwise disposed of in
				  accordance with the written instructions of the Director of Agriculture, or his
				  designated agents, and no plants may be removed from such area until these
				  instructions have been complied with.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart A - NURSERY AND NURSERY STOCK; INSPECTION; CERTIFICATES › Section 240.120 - Nursery Certificates Withheld or Qualified Certificates Issued

Current through Register Vol. 48, No. 28, July 12, 2024
If upon completion of regular inspection the Department
				  determines that treatment or disposal of stock infested with insect pests or
				  injurious diseases is required and instruction for same are provided, nursery
				  certificates shall be withheld or qualified until specified corrective measures
				  are completed and the nursery can be certified as healthy.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart A - NURSERY AND NURSERY STOCK; INSPECTION; CERTIFICATES › Section 240.125 - Firewood Certificates

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				person failing to comply with this Section is in violation of the Insect Pest
				and Plant Disease Act [505 ILCS 90] and shall be subject to the applicable
				penalty provisions of Sections 22 and 22.01 of the Act.
b) Importation of firewood.
1) No person shall buy, sell, possess, or
				import, by any means, untreated firewood into Illinois from any location
				outside the State.
2) Firewood
				certified by a state agency or departmental authority will be allowed entry
				into Illinois with approved labeling or documentation.
3) Any person desiring to import firewood
				into the State of Illinois for resale shall, before importing any firewood into
				this State, make annual application to the Department for a firewood importer
				certificate. The certificate application shall be made available by the
				Department via the Department's web site (
www.agr.state.il.us
) or by contacting the
				Department at: Illinois Department of Agriculture, P.O. Box 19281, Springfield
				IL 62794-9281. A firewood importer certificate will expire December 31 each
				year. Firewood imported into Illinois must be free of all devastating insects
				or plant diseases and shall be subject to inspection at the discretion of the
				Department.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart A - NURSERY AND NURSERY STOCK; INSPECTION; CERTIFICATES › Section 240.130 - Inspection of Shipments for Foreign Countries

Current through Register Vol. 48, No. 28, July 12, 2024
The Director of Agriculture, or his designated agent, shall
				  issue upon request special certificates to residents of this State on nursery
				  stock, bulbs, seed and other plant materials for shipment to a foreign country
				  when required by the country of destination and if material is in compliance
				  with the plant inspection and plant quarantine regulations of the country of
				  destination. Inspection service and certificates will be provided according to
				  the fee schedule established.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart A - NURSERY AND NURSERY STOCK; INSPECTION; CERTIFICATES › Section 240.140 - Fee Schedule

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall charge and collect fees for inspection
				  and issuance of certificates according to the following schedule:
a) Nursery Inspection
Nursery inspection fees shall be as follows:
1 acre or less
$25.00
over 1 acre but less than or equal to 5 acres
$30.00
over 5 acres but less than or equal to 10
							 acres
$40.00
over 10 acres but less than or equal to 50
							 acres
$50.00
over 50 acres but less than or equal to 100
							 acres
$75.00
over 100 acres but less than or equal to 250
							 acres
$150.00
over 250 acres but less than or equal to 500
							 acres
$180.00
over 500 acres (per acre)
$0.50
b)
				Greenhouse Inspection
Greenhouses that request inspection shall be charged the
				  special inspection and certificate fees in subsection (d).
c) Nursery Dealer Certificates
1) Effective January 1, 2003 through December
				31, 2005, the rate for a nursery dealer certificate shall be $25.
2) Effective January 1, 2006, the rate for a
				nursery dealer certificate shall be $50.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart A - NURSERY AND NURSERY STOCK; INSPECTION; CERTIFICATES › Section 240.160 - Administrative Rules (Formal Administrative Hearings; Contested Cases; Petitions; Administrative Procedures)

Current through Register Vol. 48, No. 28, July 12, 2024
All administrative decisions are subject to, and hearings are
				  conducted in accordance with, the provisions of the Act and the Illinois
				  Administrative Procedure Act [5 ILCS 100 ] and 8 Ill. Adm. Code
				  1.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart B - QUARANTINE › Section 240.250 - Scope

Current through Register Vol. 48, No. 28, July 12, 2024
To prevent the spread of dangerous plants or dangerous plant
				  pests or dangerous disease throughout the State, the Director shall implement a
				  plant or plant pest quarantine when he/she has determined that a dangerous
				  plant or dangerous plant insect or plant disease has been found within the
				  State and presents a significant risk to the production of agricultural or
				  horticultural crops or to other plants which are essential to maintaining the
				  ecosystem and the asthetic enjoyment thereof.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart B - QUARANTINE › Section 240.260 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) "Certificate" -
				A document issued or authorized to be issued by the Director to allow the
				movement of regulated articles to any destination.
b) "Compliance Agreement" - written agreement
				between a person engaged in growing, handling, or moving regulated articles and
				the Director, wherein the former agrees to specified conditions and/or
				requirements so as to remain compliant with the terms of the
				quarantine.
c) "Control Area" - An
				infestation area requiring control measures to eradicate or reduce, consistent
				with the Department of Agriculture's objective, the pest population which with
				or without proper control presents a significant risk for spreading the pest to
				other areas.
d) "Director" - The
				Director of the Illinois Department of Agriculture or his/her authorized
				representative.
e) "Infestation" -
				The presence of the pest or the existence of circumstances that make it
				reasonable to believe that the pest is present.
f) "Inspector" - Any employee of the Illinois
				Department of Agriculture or any other person authorized by the Director to
				enforce the provisions of a quarantine.
g) "Limited Permit" - A document issued or
				authorized to be issued by the Director to allow the movement of non -
				certifiable regulated articles to a specified destination for limited handling,
				utilization, processing, or treatment.
h) "Moved (Movement, Move)" - Shipped,
				offered for shipment to a common carrier, received for transportation or
				transported, moved or allowed to be moved, by any person by any means. Movement
				and move shall be construed accordingly.
i) "Person" - Any individual, corporation,
				company, society, association, or other organized group of any of the
				foregoing.
j) "Pest" - The
				dangerous plant or dangerous plant insect or dangerous plant disease which the
				Director has determined should not be allowed to spread throughout the State
				and for which control measures may be recommended.
k) "Regulated Area" - Any civil division or
				any portion thereof that is under quarantine and for which it has been
				designated that the movement of articles is regulated.
l) "Restricted Destination Permit" - A
				document issued or authorized to be issued by the Director to allow movement of
				regulated articles not certifiable under applicable State and Federal plant
				quarantines to a specified destination for other than scientific
				purposes.
m) "Scientific Permit" -
				A document issued by the Director to allow the movement of regulated articles
				to a specified destination for scientific purposes.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart B - QUARANTINE › Section 240.270 - Restrictions and Regulated Articles

Current through Register Vol. 48, No. 28, July 12, 2024
a) A quarantine will include specific
				restrictions on movement into, out of, or through the quarantine
				area.
b) A quarantine will delimit
				the area to be quarantined by commonly accepted and readily identifiable
				boundaries. The boundary may be changed to include contiguous areas when the
				Director has determined the quarantined pest has spread thereto.
c) A quarantine will specify the articles to
				be regulated and, if required, those exempted.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart B - QUARANTINE › Section 240.280 - Movement of Regulated Articles

Current through Register Vol. 48, No. 28, July 12, 2024
a) Articles regulated under one specific
				quarantine must meet the applicable requirements of any other federal and state
				quarantines.
b) A quarantine will
				specify the condition that shall govern the movement of regulated articles and
				may include, but not be limited to, permits, certificates of inspection and/or
				compliance agreement.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart B - QUARANTINE › Section 240.290 - Issuance and Cancellation of Permits, Certificates of Inspection or Compliance Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
a) To
				carry out inspections of regulated articles with the agency's limited
				resources, the Director may require that regulated articles be assembled for
				inspection.
b) The Director through
				a specific quarantine may require that he/she be provided with advance notice
				of a person's need for quarantine related inspection in order that the Director
				can meet the obligations of the quarantine while maintaining routine
				activities.
c) A quarantine will
				specify the terms and conditions for issuance of certificates, permits,
				agreements as appropriate for the pest and regulated area.
d) Permits, certificates, agreements shall be
				cancelled by the Director when he/she finds, and after notice and reasonable
				opportunity to present views has been accorded to all parties, that any person
				has failed to comply with provisions of the quarantine or failed to comply with
				the provisions of any agreement.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart B - QUARANTINE › Section 240.300 - Attachment of Certificates, Permits or Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
a) For the movement of regulated articles,
				the certificate, permit or agreement shall be securely attached to the outside
				of the container in which such articles are moved; except where the certificate
				or permit is attached to the waybill or other shipping document, it need not be
				attached to each article or container.
b) In all cases, certificates, permits or
				agreements shall be furnished to the consignee at the destination of the
				shipment. A quarantine will specify whether or not certificates, permits or
				agreements may be reproduced for purposes of accompanying shipment.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart B - QUARANTINE › Section 240.310 - Inspection and Disposal of Regulated Articles

Current through Register Vol. 48, No. 28, July 12, 2024
Any properly identified designated representative of the
				  Director is authorized to stop, inspect, and/or order treatment or disposal (by
				  destruction or return to state of origin) of uncertified or non-permitted
				  regulated articles or any infected regulated article found to be in violation
				  of the Act.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 240 - INSECT PEST AND PLANT DISEASE ACT › Subpart B - QUARANTINE › Section 240.320 - Duration of Quarantine

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				quarantine will specify the beginning effective date.
b) Each quarantine will be announced through
				public meeting held in the regulated area and various public announcements in
				the mass communication media reaching the regulated area and may be posted in
				public information notice boards in the regulated area for 15 days after the
				effective date.
c) If the Director
				determines that the quarantine pest no longer poses a threat of spread he/she
				shall, after notice and reasonable opportunity for presentation of views has
				been accorded through a public information meeting in the regulated area,
				cancel or modify a quarantine.
d)
				If control measures are undertaken and the Director determines that they have
				been effective and the quarantine pest is no longer a threat, the Director
				shall order the quarantine cancelled or modified.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 250 - ILLINOIS PESTICIDE ACT › Section 250.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Illinois Pesticide Act (Ill. Rev. Stat. 1987,
				ch. 5, par. 801 et seq.).
"Commercial operator" is a licensed operator who works under
				the supervision of a commercial applicator.
"Commercial not for hire operator" is a licensed operator who
				works under the supervision of a commercial not for hire applicator.
"Department" means the Illinois Department of
				Agriculture.
"FIFRA" means the Federal Insecticide, Fungicide, Rodenticide
				Act ( 7 U.S.C. 136 et
				seq.).
"Public operator" is a licensed operator who works under the
				supervision of a public applicator.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 250 - ILLINOIS PESTICIDE ACT › Section 250.20 - Registration of Pesticide Dealers Selling Restricted Use Pesticides or Certain Non-Restricted Use Pesticides

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Pesticide dealers who sell restricted use pesticides in containers of any size,
			 or pesticide dealers who sell non-restricted use pesticides for use in the
			 production of an agricultural commodity in containers with a capacity of 2.5
			 gallons or greater, or 10 pounds or greater, shall be registered annually with
			 the Director, in accordance with Section 13 of the Act. The registration shall
			 expire December 31. The registration shall be made upon forms provided by the
			 Director for this purpose. The registration information shall include the:
1) name of the pesticide dealer
			 business,
2) address of the
			 registered dealer,
3) name of the
			 person to contact at the place of business, and
4) information concerning the type of
			 business registered (e.g., hardware store, department store).
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 250 - ILLINOIS PESTICIDE ACT › Section 250.30 - Registration of Pesticides

Current through Register Vol. 48, No. 28, July 12, 2024
Except as otherwise provided by the Act or specified by rules
				promulgated thereunder, any pesticide which is an USEPA registered product may
				be registered with the Director. Any pesticide distributed, sold, transported
				or used within Illinois shall be registered with the Director on designated
				forms available from the Director. Registration of pesticides shall be in
				accordance with Section 6 of the Act.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 250 - ILLINOIS PESTICIDE ACT › Section 250.40 - Registration of Experimental Use Pesticides

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pesticides for which USEPA has issued an
			 Experimental Use Permit and for which the applicant or registrant has specified
			 an Illinois cooperator for conducting experimental studies shall be registered
			 with the Director. If experimental studies are not to be conducted within
			 Illinois with an Illinois cooperator, the Experimental Use Pesticide shall not
			 be registered by the Director. Registration shall expire on the date designated
			 by USEPA upon granting or extending approval for the Experimental Use
			 Permit.
b) Registration of an
			 Experimental Use Pesticide shall be made on forms available from the Director.
			 Registration forms will include or be accompanied by detailed filing
			 instructions.
c) Registration of
			 Experimental Use Pesticides shall contain the following information:
1) Name and address of the
			 registrant.
2) The applicant's
			 local representative if different than the person completing the registration
			 form for the registrant.
3) The
			 name and address of the Illinois cooperator or each Illinois cooperator if
			 there be more than one.
4) The
			 amount of Experimental Use Pesticide product to be used within the
			 State.
5) The label or labeling
			 information currently available which will accompany the product being
			 distributed to the cooperator. All labeling information submitted for this
			 regulation purpose shall be treated as confidential.
6) Additional information regarding product
			 toxicity, antidote and/or treatment in case of poisoning or
			 contamination.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 250 - ILLINOIS PESTICIDE ACT › Section 250.50 - Registration of Special Local Need Pesticides

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pesticides may be registered for
			 distribution and use solely within the State of Illinois as provided under
			 Section 24(c) of the FIFRA. These are referred to as SLN or "Special Local
			 Need" registrations.
b)
			 Registration of a pesticide to meet a special local need shall be made on forms
			 available from the Director or the USEPA. Registration forms shall include or
			 be accompanied by detailed filing instructions.
c) The application to register a pesticide to
			 meet a special local need shall contain:
1)
			 Name and address of registrant.
2)
			 The person representing the registrant.
3) A statement of special local need
			 problem.
4) Information on the type
			 of registration.
5) Data relative
			 to product efficacy and product hazard.
6) A copy of the label showing claim and
			 warnings, direction for use and ingredient statement.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 250 - ILLINOIS PESTICIDE ACT › Section 250.60 - Emergency Exemption Registration

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person may petition the Director to
			 declare a pest emergency and request approval for nonregistered use of a
			 pesticide or pesticide combination. The Director may on his own initiative also
			 determine a pest emergency exists. The Director shall approve an emergency
			 exemption registration of pesticide application(s) as provided in Section 18 of
			 the FIFRA.
b) An emergency is
			 deemed to exist when:
1) A pest outbreak
			 occurs or is expected to occur and no pesticide is registered for that
			 particular use or no alternative method of control is available;
2) Significant economic losses or health
			 problems will occur without the use of the pesticide or pesticide combination;
			 and
3) The time available from
			 discovery of pest problem is insufficient for a pesticide to be registered for
			 that particular use.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 250 - ILLINOIS PESTICIDE ACT › Section 250.70 - Method of Becoming Certified Applicators

Current through Register Vol. 48, No. 28, July 12, 2024
Persons may become certified applicators by demonstrating an
				understanding of and competence for the handling and use of pesticides as
				established in Sections
				250.80
				and
				250.90
				of this Part.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 250 - ILLINOIS PESTICIDE ACT › Section 250.80 - Private Pesticide Applicators: Certification, Licensing, Testing and Training

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Private pesticide applicators shall re-establish certification when required to
			 do so in accordance with Section 9 of the Act.
b) A person may make application to the
			 Director to become licensed as a private applicator in accordance with Section
			 11 of the Act.
c) A person may
			 become certified or recertified as a private applicator by:
1) attending a training session conducted by
			 the University of Illinois Cooperative Extension Service which has been
			 approved by or is in cooperation with the Department and by successful
			 completion of a written, closed book, competency examination; or
2) in lieu of attendance at a training
			 session, successfully complete a written closed book examination pursuant to
			 subsection (e).
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 250 - ILLINOIS PESTICIDE ACT › Section 250.90 - Commercial Applicator, Commercial Not For Hire Applicator and Public Applicator: Certification, Testing and Licensing

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person may make application to the
			 Director to become licensed as a licensed commercial applicator, commercial not
			 for hire applicator or licensed public applicator only after successfully
			 demonstrating comprehension of the general competency standards (Section
			 250.110 ) and one or
			 more of the technical category areas of pesticide use (Section
			 250.120
			 ).
b) A person establishing
			 qualifications for certification to become a licensed commercial applicator,
			 commercial not for hire applicator or public applicator for the first time or
			 needing to re-establish qualifications for certification shall apply to the
			 Director for examination in accordance with Sections 10, 11 and 11.1 of the
			 Act.
c) Closed book examinations
			 for certified commercial, commercial not for hire or public applicators will be
			 scheduled by the Director at least once annually at various regional locations
			 throughout the State. Examinations will also be scheduled by prior appointment
			 at appropriate state regional offices at other times during the year.
d) A person desiring certification or
			 recertification shall demonstrate competency in pesticide use by answering 70%
			 or better of the examination questions correctly. A person must successfully
			 demonstrate competence in the general competency standard before being
			 permitted to take specific technical category examination(s).
e) A person may only make two attempts to
			 successfully demonstrate competence in any one normal work day. The examination
			 can only be taken a maximum of three (3) times within any six month
			 period.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 250 - ILLINOIS PESTICIDE ACT › Section 250.100 - Licensed Operator (Commercial Operator, Commercial Not For Hire Operator and Public Operator): Testing and Licensing

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person may make application to the
			 Director to become a licensed operator only after successfully demonstrating
			 comprehension of the general competency standards (see Section
			 250.110 ). A license
			 will not be issued unless the person is working under the supervision of a
			 licensed/certified applicator. The licensed operator must notify the Director
			 when the license/certified applicator under whose supervision he is working
			 changes.
b) A person establishing
			 qualifications to become a licensed commercial operator, licensed commercial
			 not for hire operator or public operator for the first time or needing to
			 re-establish qualifications must apply to the Director for examination on forms
			 available from the Director.
c) A
			 closed book examination for commercial operator, commercial not for hire
			 operator or public operator will be scheduled at least once annually at various
			 regional locations throughout the state. Examinations will also be scheduled by
			 prior appointment at appropriate state regional offices at other times during
			 the year.
d) A person becoming
			 licensed as an operator for the first time or re-establishing competency must
			 answer correctly 70% or more of the examination questions.
e) A person may make only two attempts to
			 successfully demonstrate competence in any one normal work day. The examination
			 can only be taken a maximum of three (3) times within any six month
			 period.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 250 - ILLINOIS PESTICIDE ACT › Section 250.110 - General Competency Standards to be Covered on the Tests

Current through Register Vol. 48, No. 28, July 12, 2024
The general competency standards will deal with the
				following:
a) Label and Labeling
			 Comprehension:
1) The general format and
			 terminology of pesticide labels and labeling;
2) The understanding of instructions,
			 warnings, terms, symbols, and other information commonly appearing on pesticide
			 labels;
3) Classification of the
			 product, general or restricted; and
4) Necessity for use consistent with
			 label.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 250 - ILLINOIS PESTICIDE ACT › Section 250.120 - Technical Category Areas of Pesticide Use

Current through Register Vol. 48, No. 28, July 12, 2024
a) Category 1 is Agricultural Pest Control
			 containing six subcategories as follows:
1)
			 Field Crop Control
This category of pesticide applicators includes those applying
				pesticides in production of agricultural field crops including but not limited
				to field corn, soybeans, feed grains and forage as well as on grasslands and
				noncrop agricultural lands.
2) Vegetable Crop Pest Control
This category includes applicators using or supervising the use
				of pesticides in production of vegetable crops, including but not limited to
				tomatoes, sweetcorn, asparagus, peas, or beans as well as on grasslands and
				noncrop agricultural lands associated with the land on which vegetable crops
				are grown.
3) Fruit Crop
			 Pest Control
This category includes applicators using or supervising the use
				of pesticides in the production of small fruits or tree fruits and nuts as well
				as on grasslands and noncrop agricultural lands associated with the land on
				which fruit or nut crops are grown.
4) Grain Facility Pest Control
This category includes applicators using pesticides for the
				prevention and control of pests in, on or around grain elevators or similar
				grain holding facilities which are not included under or classified as a part
				of the classification of Food Manufacturing, Food Processing, and Food Storage
				Facility. Pest control in, on, around food or feed facilities is one of the
				subcategories under Category 7.
5) Animal-Livestock Pest Control
This category includes applicators using or supervising the use
				of pesticides on animals, including but not limited to the following: beef
				cattle, dairy cattle, swine, sheep, horses, goats, poultry, and livestock and
				to places on or in which animals are confined or housed. Doctors of veterinary
				medicine engaged in the business of applying pesticides for hire, publicly
				holding themselves out as pesticide applicators or engaged in large scale use
				of pesticides are included in this category.
6) Grain Fumigation Pest Control
This category includes private applicators (farmers) who use
				pesticides to treat stored grain upon their own property.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 250 - ILLINOIS PESTICIDE ACT › Section 250.130 - Surety Bond or Liability Insurance

Current through Register Vol. 48, No. 28, July 12, 2024
Procedures for the cancellation, collection, control and
				distribution of surety bonds shall be as established in 8 Ill. Adm. Code 3:
				Subpart A. Insurance policies shall be handled in the same manner as surety
				bonds.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 250 - ILLINOIS PESTICIDE ACT › Section 250.140 - Interagency Committee on Pesticides

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each member of the Interagency Committee
			 on Pesticides when assigning a designee to serve in his stead shall notify the
			 Director in writing. The Director shall be notified in writing when designee
			 changes are made.
b) Proceedings of
			 the Interagency Committee on Pesticides shall be governed by "Roberts Rules of
			 Order."
c) The duties and
			 responsibilities of the Interagency Committee on Pesticides shall be as
			 established in Section 19 of the Act.
d) The meetings shall be open to the public
			 and the Director shall issue a press release advising the public of regularly
			 scheduled meetings. Persons desiring to submit data and/or comments before the
			 Interagency Committee on Pesticides must register with the chairman.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 250 - ILLINOIS PESTICIDE ACT › Section 250.150 - Record Keeping

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Pesticide dealers shall retain a record of all sales of restricted use
			 pesticides or pesticides that the Director has declared to be a pesticide
			 requiring a permit for two (2) years. The record shall include, but is not
			 limited to, the following for each individual sale of such a pesticide:
1) Quantity and kind of pesticide for
			 individual sales.
2) Name and
			 address of purchaser.
3)
			 Purchaser's certification number and type of certification if
			 appropriate.
4) Date of
			 sale.