Title 8 Ill. Adm. Code — Agriculture and Animals

Chapter I Department of Agriculture

Subchapter a General Rules

Part 1 Administrative Rules (formal Administrative Proceedings; Contested Cases; Petitions; Public Disclosure)

8 Ill. Adm. Code 1.10 Definitions

a) In addition to the definitions set forth in Sections 1-10 through 1-85 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1001-10 through 1001-85), the following terms shall have the meanings specified:

"Administrative action" includes every form and kind of act, including the refusal or failure to act, involved in the implementation of the laws administered by the Department of Agriculture.

"Administrative file" means a file maintained by the Illinois Department of Agriculture in which documents pertaining to an administrative proceeding or action are retained.

"Administrative proceeding" means any undertaking to issue, amend or revoke a regulation or order, or to take or refrain from taking any other form of administrative action. A public hearing conducted by or before a departmental advisory board or a statutorily established advisory board will be considered an administrative proceeding of the Department.

"Department" or "Department of Agriculture" means the Department of Agriculture of the State of Illinois.

"Department advisory board" or "department advisory committee" means any committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof that is not composed wholly of full-time officers or employees of the Illinois Department of Agriculture and is established or utilized by the Department of Agriculture to obtain advice or recommendations.

"Director" means the Director of the Illinois Department of Agriculture.

"Formal administrative proceeding" means an adjudicatory procedure conducted by the Department in accordance with the authority of a law administered by the Department, the Illinois Administrative Procedure Act, and Subpart B of this Part in which the individual legal rights, duties or privileges of a party are required by law to be determined by an agency and which places specific requirements (such as, time deadlines and content of administrative record) on the Department and/or on an individual.

"Laws administered by the Department of Agriculture" means all the statutory provisions with respect to which authority has been delegated to the Illinois Department of Agriculture. Laws administered by the Department of Agriculture are listed in 2 Ill. Adm. Code 700.

"Meeting" means any oral discussion between two or more persons.

"Petition" means any petition or other document requesting the Director to establish, amend or revoke a regulation or order or to take or refrain from taking any other form of administrative action under the laws administered by the Department of Agriculture. Illustration A of this Part sets forth the form and information for a petition. In order for any other document to be accepted as a petition, it must contain language stating it is a petition and information necessary for the Department to make a determination on the requested action. Requests, suggestions and recommendations made informally in routine correspondence received by the Illinois Department of Agriculture do not constitute a petition.

"Statutory advisory board" or "statutory advisory committee" means any committee, board, commission, council, panel, conference, task force, or other similar group, or any subcommittee or other subgroup thereof, that is statutorily established and whose powers and duties or purposes are statutorily set.

b) Words in the singular form shall be deemed to include the plural, words in the masculine form shall be deemed to include the feminine form, and vice versa, as the case may require.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.15 Nature of Formal Administrative Proceedings; Contested Cases; Licensing

8 Ill. Adm. Code 1: Subpart B governs practices and procedures applicable to formal administrative proceedings conducted by the Department of Agriculture in hearing contested cases under the laws administered by the Department. "Where the Act creating or conferring power on an agency establishes administrative procedures not covered by this Act, such procedures shall remain in effect" ( Section 1-5 of the Illinois Administrative Procedure Act). Procedures governing contested cases or licensing shall be those established by the Illinois Administrative Procedure Act and in Subpart B of this Part; "If, however, an agency has existing procedures on July 1, 1977, specifically for contested cases or licensing, those existing provisions control" (quoted from Section 1-5 of the Illinois Administrative Procedure Act).

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.20 Initiation of Formal Administrative Proceedings

a) A formal administrative proceeding to hear contested cases under the laws administered by the Department of Agriculture shall be initiated by the Department in accordance with Section 1.60 of this Part.

b) The Director of the Department shall designate an administrative law judge.

c) The respondent may file an affidavit setting forth specific allegations of personal bias, prejudice or disqualification of a presiding administrative law judge. Such affidavit shall be filed, if at all, prior to the start of a contested case hearing.

d) The Director, on his or her own motion or upon petition of the respondent, shall disqualify the administrative law judge when the Director finds the administrative law judge has direct involvement in the case.

e) An administrative law judge may, at any time, voluntarily disqualify himself or herself.

f) When an administrative law judge is disqualified, the Director shall appoint another administrative law judge.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.22 Qualifications and Authority of the Department's Administrative Law Judges

a) Appointment and qualifications of the administrative law judges: In accordance with Section 10-20 of the Illinois Administrative Procedure Act, the following persons are authorized to act as administrative law judges:

1. the Director;

2. the Director may appoint an attorney licensed to practice law in Illinois; or

3. the Director may appoint a person as an administrative law judge who is not licensed to practice law in Illinois, provided such person meets the following minimum qualifications:

A) The person has at least two years of experience in administrative law.

B) The person has knowledge of evidentiary procedures and of the procedures for formal administrative proceedings.

C) The person has knowledge of the laws, rules and regulations applicable to the Department.

D) The person has the ability to prepare complex and technical legal documents.

E) The person has the ability and skill to analyze and appraise facts, evidence, legal and administrative documents, records, and audits in order to obtain a clear mental picture of the issues involved.

b) Authority of the Department's administrative law judge: The administrative law judge shall have the authority to conduct a contested case hearing, to take all necessary action to avoid delay, to maintain order, and to ensure development of a clear and complete record. The administrative law judge shall have all powers necessary to these ends, including but not limited to the power to:

1. rule upon offers of proof and receive evidence and rule upon objections to the introduction of evidence;

2. regulate the course of the hearings and conduct of the parties and their counsel therein;

3. examine witnesses, take depositions, and issue subpoenas that require attendance, the giving of testimony and the production of books, papers and other documentary evidence necessary for resolution of the matter;

4. make findings of fact and conclusions of law and issue an order of the Department; and

5. direct parties to appear and confer for the settlement or simplification of the issues, or any other purpose pertinent to the formal administrative proceeding.

History

• Source: Added at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.25 Record of Formal Administrative Proceeding

The record of a formal administrative proceeding shall include the following:

a) Any petition that has been filed with the Director and all submitted data and information on which it relies.

b) All pleadings (including all notices and responses thereto), motions and ruling.

c) A statement of matters officially noticed.

d) The transcript of the hearing, if any, discovery documentation, if any, and evidence received, if any.

e) The memorandum of the administrative law judge that states the action taken at conference(s), if held, and notes of ex parte communication, if any, in accordance with Section 10-60 of the Illinois Administrative Procedure Act.

f) The Director's or administrative law judge's decision or order on such petition, proposal or administrative action.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.30 Time Limit That Record of Proceeding Remains Open (repealed)

History

• Source: Repealed at 6 Ill. Reg. 14981, effective November 24, 1982

8 Ill. Adm. Code 1.35 Rules of Practice in Formal Administrative Hearings, Contested Cases and Licensing Proceedings (repealed)

History

• Source: Repealed at 6 Ill. Reg. 14981, effective November 24, 1982

8 Ill. Adm. Code 1.40 Formal Administrative Proceeding: Communications

a) All communications to the Department concerning formal administrative proceedings shall be addressed to the Director or administrative law judge, State Fairgrounds, P.O. Box 19281, Springfield, Illinois 62794-9281, unless otherwise instructed.

b) A copy of the formal complaint shall either be served personally or shall be served by registered or certified mail on the respondent or his or her authorized agent. Proof of service of the complaint shall be made by affidavit of the person making personal service, or by the registered or certified mail receipt.

c) Any pleadings, motions, orders, and conference or discovery notices, after issuance of the complaint, shall be served personally or by First Class United States Mail, and copies thereof shall be filed with the administrative law judge.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.42 Conferences

a) The respondent or the respondent's attorney may request verbally or in writing a conference with the Department and its administrative law judge at any time prior to or during the course of a hearing. The administrative law judge shall direct the parties or their attorneys to appear at a specific time and place for a conference when it appears that one or more of the following may be accomplished:

1. the simplification of issues;

2. the necessity or desirability of amending the pleadings for the purposes of clarification, amplification or limitation;

3. the possibility of making admissions of certain facts or stipulations concerning the use of either or both parties of matters of public record to avoid unnecessary introduction of proof;

4. the limitation of the number of witnesses;

5. the propriety of prior mutual exchange between or among the parties of prepared testimony and exhibits; and

6. such other matters as may aid in the simplification of the evidence and disposition of the proceeding.

b) Action taken at a conference shall be recorded in a memorandum prepared and certified by the administrative law judge.

History

• Source: Added at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.44 Discovery

a) Upon written request of any party, the following discovery procedures shall be ordered by the administrative law judge when necessary to expedite the proceedings, to ensure a clear or concise record, to ensure a fair opportunity to prepare for the hearing, or to avoid surprise at the hearing:

1. production or inspection of documents, books, and records pertinent to the case;

2. depositions;

3. interrogatories.

b) The administrative law judge shall restrict such discovery when necessary to prevent undue delay or harassment.

c) The administrative law judge shall order, upon written request of any affected party, a list of persons who may have knowledge of facts concerning the subjects of inquiry at the hearing.

d) Any person, including a party who is deposed, interrogated or required to submit documents under this Section, may be examined regarding any matter, not privileged, which is relevant to the subject matter of the formal administrative proceeding, or which may lead to the discovery of such relevant information.

e) All depositions and interrogatories may be used as the admission of the deposed or interrogated party. Upon application to the administrative law judge, either before or after the taking of such deposition or interrogation and upon a showing that at the time of the hearing, the party deposed or interrogated will not be available to participate in the hearing because of death, age, sickness, infirmity, absence from the country or other exceptional circumstances, the administrative law judge shall order that the deposition or interrogatories be used as evidence in the hearing.

History

• Source: Added at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.45 Notice of Formal Administrative Proceeding

a) The Director or the administrative law judge shall set the date, time, and place of all formal administrative proceedings.

b) The formal administrative proceeding shall be held in the offices of the Department in Springfield, Illinois, or in such other place as the Director or administrative law judge shall for stated cause designate (e.g., respondent unable to travel because of age or infirmity).

c) The Department shall give written notice to affected parties not later than 10 days prior to the date on which the formal administrative proceeding is scheduled, unless the specific statute or rules under which the alleged violation occurred state otherwise.

d) Failure to comply with the provisions of this Subpart may not be used as a defense to an enforcement action, but any person adversely affected by such failure of compliance may have the hearing postponed upon motion to the administrative law judge.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.50 Formal Administrative Proceeding: Complainants, Petitioners, and Respondents

a) When initiating a complaint, the Department shall be designated the complainant. Any adverse party shall be designated as the respondent.

b) Any person who has been affected by an adverse decision of the Department may file a petition with the Director. Such person shall be designated the petitioner, and the Department shall be designated the respondent.

c) Misnomer of a party is not grounds for dismissal, but the name of any party may be corrected at any time.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.55 Formal Administrative Proceeding: Appearances

a) Any person may appear in a formal administrative proceeding as follows:

1. A natural person may appear in his or her own behalf or be represented by an attorney at law who is licensed to practice law in the State of Illinois, or both. Any attorney or counselor at law from any other jurisdiction in the United States or foreign country, who is admitted to practice in that jurisdiction, may participate in a formal administrative proceeding.

2. A business, nonprofit or government organization may appear by any bonafide officer, employee or representative, or may be represented by an attorney licensed to practice law in the State of Illinois or both. Any attorney or counselor at law from any other jurisdiction in the United States or foreign country, who is admitted to practice in that jurisdiction, may participate in a formal administrative proceeding.

b) An attorney appearing in a representative capacity shall file a written notice of appearance with the Department, together with proof of service on all parties or their respective attorneys.

c) Each party to a proceeding who appears before the Department, either in person or by counsel, shall inform the Department in writing or upon the record of the address at which any notice or other document may be served upon him or her in such proceeding.

d) All persons appearing in a formal administrative proceeding before the Department shall conduct themselves in a respectful manner. If any person uses abusive language or conducts himself or herself in an abusive manner, the administrative law judge shall warn the person to cease such abuse. If the person continues such action, such person shall be removed from the proceedings. Removal of such party from the proceedings shall not be grounds for dismissal of the case.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.60 Initiation of Complaints: Formal Complaints and Petitions

a) Complaints may be initiated by the Department and shall be in the form of a formal complaint.

1. A formal complaint shall:

A) be in writing and be addressed to the person alleged to be in violation of the statute or rules.

B) serve as notice and contain the following:

i) a statement of the date, time, place and nature of the hearing;

ii) a statement of the legal authority and jurisdiction under which the hearing is to be held and the official file number;

iii) a reference to the particular section(s) of the statute(s) and rule(s) of which the respondent is alleged to be in violation;

iv) a statement of when and where the alleged violation(s) occurred;

v) a short and plain statement of facts that the alleged violation(s) occurred;

vi) a statement indicating all possible consequences that the complainant seeks if the allegations in the complaint are proven; and

vii) the names and addresses of the administrative law judge, all affected parties, and all other persons to whom the Department gives notice of the contested case hearing.

C) The Formal Complaint shall be served in the manner as prescribed in the specific enabling Act or as set forth in Section 1.40 of this Part.

2. A respondent may file with the Department a written answer to a formal complaint. The answer must be filed if at all, at least 48 hours prior to the date of hearing. The answer shall contain an explicit admission or denial of each allegation of the pleading to which they relate and a concise statement of the nature of the defense. If a solution or timetable for compliance is mutually agreed to, the Department shall immediately notify the respondent of the cancellation of the hearing.

3. Relevant amendments to pleadings shall be allowed upon proper motion at any time during the pendency of the proceeding.

4. All formal complaints, answers or other pleadings shall be liberally construed with a view toward doing substantial justice between the parties.

b) Complaints may be initiated by persons affected by an adverse decision of the Department. Informal complaints may be instituted in writing or verbally. Such complaints will not be docketed, will not initiate a formal proceeding, and will not arrest the running of any limitation period. Matters informally presented will be taken up by the Director or other duly authorized person by correspondence or conference with the person complained of in an endeavor to bring about a correction of the alleged violation. The method the Director uses to respond to the complaint will depend on the nature of the complaint. A person who is affected by an adverse decision of the Department may initiate a complaint through the petition process in accordance with the provisions of Subpart C of this Part. The form and content of the petition shall be in accordance with Illustration A of the rules of this Part.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.65 Motions

a) Motions may be presented requesting a postponement of the hearing; a more sufficient pleading; a bill of particulars; the striking of irrelevant or immaterial matter; the dismissal of the proceedings for want of jurisdiction; the quashing of a subpoena; the postponement of an effective date of an order; the extension of time for compliance with an order; or such other relief or order as may be appropriate.

b) Motions, unless made orally during a hearing, shall be made in writing at least 5 days prior to the date of the hearing or on such other date as the administrative law judge shall designate, shall set forth the relief or order sought, and shall be ruled upon on the day of such hearing, or prior to such hearing after notice to all parties and opportunity to be heard on such motion.

c) Motions made orally during the hearing shall be ruled on immediately by the administrative law judge or taken under advisement and ruled upon at a later date.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.70 Documents Filed in a Formal Administrative Proceeding: Format

a) Any papers filed in a proceeding shall be legible and lines should be double spaced, except that long quotations may be single spaced. Printed papers, if legible, will be accepted.

b) All papers, except exhibits, shall be cut or folded so as not to exceed a width of 8 1/2 inches and a length of 14 inches. Whenever practical, all exhibits of a documentary character shall conform to said requirements.

c) The original of a pleading, written motion, notice or application for further hearing shall be signed in ink by the party filing the paper or by an officer, agent or attorney thereof.

d) Pleadings, written motions, notices, and applications for further hearings shall contain the address of the party filing the paper or, if the filing party is an attorney, the name and business address of such attorney.

History

• Source: Amended at 6 Ill. Reg. 14981, effective November 24, 1982

8 Ill. Adm. Code 1.75 Procedures for Conducting Administrative Hearing: Rules of Evidence

a) All hearings conducted in any proceeding shall be open to the public. Pursuant to authority of a Department licensing Act or the rules thereof, which are listed in 2 Ill. Adm. Code 700, the Department shall hold hearings immediately when there is imminent danger to the public health, safety or welfare.

b) The Director or an administrative law judge shall conduct hearings in accordance with the authority set forth in Section 1.22 of this Part. Continuances and extensions of time shall be granted in accordance with the provisions of 8 Ill. Adm. Code 1.90.

c) The Director or the administrative law judge shall direct all parties to enter their appearances on the record.

d) The following shall be the order of all contested case hearings, subject to modification by the administrative law judge for good cause (e.g., bad weather):

1. Presentation, argument and disposition of motions preliminary to a hearing on the merits of the matters raised in the complaint;

2. Presentation of opening statements;

3. Complainant's or petitioner's case in chief;

4. Respondent's case in chief;

5. Complainant's or petitioner's case in rebuttal;

6. Respondent's closing argument;

7. Complainant's or petitioner's closing argument;

8. Presentation and argument of all motions prior to final order.

e) Parties may by stipulation agree upon any facts involved in the proceeding. The facts stipulated shall be considered as evidence in the proceeding. Unless precluded by law, disposition may be made of any contested case by stipulation, agreed settlement, consent order or default. Failure of a party to appear on the date set for hearing or failure to proceed as ordered by the Department shall constitute a default.

f) At any stage of the hearing or after all parties have completed the presentation of their evidence, the Department or its administrative law judge may call upon any party or the technical staff of the Department of Agriculture or other Departments of State Government or on the University of Illinois for further evidence or material when necessary for the disposition of the case.

g) The rules of evidence and privilege as applied in civil cases in the Circuit Courts of this State shall be followed. However, evidence not admissible under such rules of evidence may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Immaterial, irrelevant or unduly repetitious material shall be excluded. All admissible evidence shall be considered in accordance with its relative probative value in formulating the final decision of the Director or administrative law judge and also in formulating the findings of fact and conclusions of law (if any) which support the decision. A copy of the whole or any part of an admissible book, record, paper or memorandum of the Department which is made by photostatic or other method of accurate and permanent reproduction may be admitted in evidence at the hearing without further proof of the accuracy of such copy. When any material or relevant matter offered in evidence by any party is embraced in a book, paper or document containing other matter not material or relevant, the party offering the same shall plainly designate the matter so offered. If, in the judgment of the Director or administrative law judge, such immaterial or irrelevant matter would unnecessarily encumber the record, such book, paper or document will not be received in evidence as a whole, but the material or relevant portions thereof, if otherwise admissible, may be read into the record or a true copy thereof supplied in the form of an exhibit.

h) Rules of evidence, official notice of matters of which Circuit Courts of this State may take judicial notice, and official notice of generally recognized technical or scientific facts within the agency's specialized knowledge shall be in accordance with Section 10-40 of the Illinois Administrative Procedure Act.

i) The Department shall record the proceedings, and no other tape or video camera recordings of the hearings by the respondent or the public shall be permitted. The Department's record of the proceedings shall be the official transcript. Any party may request a copy of the transcript from the official reporter, and such party shall be responsible for all costs associated with the transcription.

j) The procedures set forth in Section 10-60 of the Illinois Administrative Procedure Act relative to ex parte contacts shall be followed. Any communication made openly or on the record at a scheduled hearing, conference or discovery procedure, regardless of whether all the parties are present, shall be considered as authorized ex parte communication.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.77 Decision and Order

a) The Director or administrative law judge shall prepare a written order for each contested case. The order shall be supported by concise findings of fact and conclusions of law. The order shall be signed by the Director or administrative law judge.

b) The decision or order shall be presented and conform with the requirements of Section 10-50 of the Illinois Administrative Procedure Act. A copy of such decision or order shall be provided to each party in accordance with Section 10-50 of the Illinois Administrative Procedure Act.

c) Findings of fact and conclusions of law shall be separately stated.

d) Findings of fact shall include specific references to principal supporting items of evidence in the record.

e) The Department's final order may include any or all of the following as authorized by the law or rule under which the contested case was held:

1. A direction to cease and desist from violations of the statute, Department's rules or orders;

2. Suspension of a license(s) or permit(s);

3. Revocation of a license or permit;

4. Such other determinations that may be appropriate according to the law administered by the Department or the rules for that law (e.g., payment of monetary penalties).

f) The administrative law judge's order shall be the final administrative decision of the Department, unless the respondent petitions the Director for a stay or reconsideration of the administrative law judge's decision within the time period specified in Section 1.114.

g) The Director's decision on a petition for reconsideration or stay shall be the final decision of the Department. When the Director functions as the administrative law judge in any contested case hearing, the Director's decision shall be the final decision of the Department. The final decision of the Department is subject to Administrative Review (Code of Civil Procedure (Ill. Rev. Stat. 1991, ch. 110, par. 3-101 et seq.)).

History

• Source: Added at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.80 Subpoenas

a) Subpoenas requiring that attendance and the giving of testimony by witnesses, and subpoenas duces tecum requiring the production of books, papers, records or memoranda may be issued by the Director or the administrative law judge upon his or her own motion or upon the written request of any party to the proceeding. The Director or the administrative law judge may require the party requesting the issuance of subpoenas to demonstrate the relevancy of the request to the issues in the hearing. For good cause shown, the Director or the administrative law judge may deny or modify the request for subpoenas.

b) Subpoenas issued by the Director or the administrative law judge upon the request of a party to the proceeding shall be delivered to the requesting party who shall be responsible for serving the subpoenas. Subpoenas shall be served personally or by certified mail.

c) The witness fee for attendance and travel shall be the same as the fee of the witnesses before the Circuit Courts of this State. The person who requests that a subpoena be issued shall be responsible for paying any witness fee for attendance and travel to the formal administrative proceeding. When a witness is subpoenaed by the Director or administrative law judge upon his or her own motion or upon the request of the Department, the witness fee shall be paid in the same manner as other expenses of the agency.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.85 Witnesses

During the pendency of any proceeding, the Department, its administrative law judge, or any party may depose any witness in a manner which conforms to the provisions of the laws of this State.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.90 Continuances of Proceeding

Continuances and extensions of time for compliance with orders of the Department during the pendency of the proceeding shall be granted by the Director or the administrative law judge if they are not repetitious, do not unnecessarily delay the proceedings, and do not work a hardship on witnesses, unless there is imminent danger to the public health, safety or welfare.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.95 Petition for Reconsideration or Stay of Administrative Action

After a decision is rendered by the administrative law judge, a person affected by the decision may submit a petition for reconsideration or stay of administrative action as outlined in Sections 1.112 through 1.128 of this Part.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.100 Department Official Custodian of Documents

The Department shall be the official custodian of all papers and documents in proceedings before the Department.

History

• Source: Amended at 6 Ill. Reg. 14981, effective November 24, 1982

8 Ill. Adm. Code 1.105 Computing Time Limits

The time within which any act under 8 Ill. Adm. Code 1.15 through 1.110 is to be done shall be computed by excluding the first day and including the last. Saturdays, Sundays and legal holidays for the State of Illinois shall be included in computing the time, except that when such time expires on a Saturday, Sunday or legal holiday for the State of Illinois, such period shall be extended to include the next following business day.

History

• Source: Amended at 6 Ill. Reg. 14981, effective November 24, 1982

8 Ill. Adm. Code 1.110 Protection of Person's Rights

These rules in Subpart B shall not be construed to abrogate, modify or limit any rights, privileges or immunities granted or protected by the Constitution or laws of the United States or the Constitution or laws of the State of Illinois.

8 Ill. Adm. Code 1.112 Petition for Reconsideration or Stay of Administrative Action: Initiated by Department

The Director may at any time on his or her own initiative or on the petition for reconsideration or stay of action of the respondent in any contested case reconsider any matter or may at any time stay (including extend) the effective date of any relevant action pending or following a decision on any matter. A petition for reconsideration or stay of administrative action shall be granted in accordance with Sections 1.126 and 128. The Director shall grant a stay or reconsider a decision on his or her own initiative when justified by additional information or by changes in circumstances that would warrant reconsideration or stay.

History

• Source: Added at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.114 Petition for Reconsideration or Stay of Administrative Action: Initiated by Affected Party; Time Limit

The respondent in any contested case may request reconsideration of any part or all of the decision of the administrative law judge on any petition or may request the Director to stay the effective date of any administrative action for a specific period or for an indefinite period. A petition for reconsideration or stay of action shall be submitted within 30 days after the date of the administrative law judge's decision on the case. A petition for reconsideration or stay of action submitted later than 30 days after the date of the decision involved shall be denied as untimely.

History

• Source: Added at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.116 Petition for Reconsideration: Format and Content

A petition for reconsideration shall be in the form and contain the information requested as shown in Illustration B of this Part.

History

• Source: Added at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.118 Petition for Stay of Administrative Action: Format and Content

A petition for stay of administrative action shall be in the form and contain the information stated in Section 1.116 of this Part, except that the title of the document shall be "Petition for Stay of Administrative Action."

History

• Source: Added at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.120 Petition for Reconsideration: Based Upon Administrative Record

A petition for reconsideration shall be based upon the data, information and views contained in the administrative record upon which the administrative law judge made a decision.

History

• Source: Added at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.122 Petition for Reconsideration or Stay of Administrative Action: Signing Petition, Legality, Date Considered Submitted, Computing Time Limits, and Receipt for Such Document

The provisions of Sections 1.205, 1.235, 1.240, 1.245, and 1.250 of Subpart C of these rules shall apply to petitions for reconsideration or stay of administrative action.

History

• Source: Added at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.124 Petition for Reconsideration or Stay of Administrative Action: Director's Decision; Time Limit

The Director shall review a petition for reconsideration or stay of administrative action and within 90 days from the date of receipt of such petition notify the petitioner in writing of his or her decision. The Director's decision on the matter which was reconsidered or stayed shall be the final administrative decision of the agency. The Director's decision shall be based on the administrative record and made in accordance with Section 10-50 of the Illinois Administrative Procedure Act.

History

• Source: Added at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.126 Petition for Reconsideration: Criteria for Granting Petition

The Director shall grant the petition for reconsideration if he or she determines that all of the following apply:

a) The petition demonstrates that relevant data, information or views contained in the administrative record were not previously or not adequately considered by the administrative law judge.

b) The petitioner's position is not frivolous and is being pursued in good faith.

c) Granting the petition is not outweighed by a preponderance of the evidence.

History

• Source: Added at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.128 Petition for Stay or Delay of Administrative Action: Criteria for Granting Petition

The Director shall grant a stay or delay any administrative action if:

a) The Director determines that a stay or delay is in the public interest. A stay would be in the public interest if the decision would be detrimental to the industry, outweighted by public health and safety consideration or if requests from the industry on the whole were received.

b) A court orders that the matter be stayed.

c) The delay resulting from the stay is not outweighed by other considerations or other public interests.

History

• Source: Added at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.200 Petitions: Format

A petition shall be in the form and contain the information requested as shown in Illustration A.

8 Ill. Adm. Code 1.205 Petitions: Signature and Content

A petition shall be signed by the person making the submission or by an attorney or other authorized representative on the petitioner's behalf. All petitions constitute a representation that, to the best of the knowledge, information and belief of the person making the submission, all statements made in the petition are true and accurate.

8 Ill. Adm. Code 1.210 Petitions: Filing with Director

A petition shall be filed with the Director and, upon receipt, a docket number shall be assigned.

8 Ill. Adm. Code 1.215 Petitions: Information – Full Content

All data and information referred to or in any way relied upon in any such petition shall be included in full and may not be incorporated by reference, except:

a) if previously submitted as part of the administrative file in the same proceeding,

b) where the reference or source is:

1. a reported Federal or State of Illinois court case,

2. a Federal or State of Illinois law or regulation, or

3. a document that is available in a public library. The petitioner shall designate the library in which the document can be found.

c) Where relevant data or information is contained in a document also containing irrelevant matter, the irrelevant matter shall be deleted and only the relevant data or information shall be submitted.

d) Trade secrets or other information which would according to Federal or State of Illinois law be considered confidential or an invasion of personal privacy should be deleted from any record before it is submitted to the Director or the hearing examiner. A person wishing to voluntarily submit information considered confidential may do so.

History

• Source: Amended at 6 Ill. Reg. 14981, effective November 24, 1982

8 Ill. Adm. Code 1.220 Petitions: Denial

If a petition fails to meet any requirements of this Subpart and such deficiency becomes known to the Director, the petition shall be returned with a copy of the applicable rules indicating those provisions not complied with in the submission. Return of the petition will constitute a denial of the petition.

History

• Source: Amended at 6 Ill. Reg. 14981, effective November 24, 1982

8 Ill. Adm. Code 1.225 Petitions: Written Comments on Petition Filed with Director

All written comments, objections, notices, compilations of data and information and any other documents in regard to a petition shall be filed with the Director or with a duly authorized representative of the Department, whichever the case may be.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.230 Petitions: Amending, Supplementing or Withdrawing

A petitioner may supplement or amend a petition without agency approval and without prejudice at any time until the Director rules on the petition or the petition has been referred for a hearing. The petitioner shall make the request for withdrawal in writing to the Director. All requests for withdrawal of a petition will be granted, but the withdrawal will be subject to predjudice if the request is made after a ruling by the Director or referral for hearing. Withdrawal subject to prejudice means that the petitioner cannot resubmit a petition on the same issue or factual basis.

History

• Source: Amended at 6 Ill. Reg. 14981, effective November 24, 1982

8 Ill. Adm. Code 1.235 Petitions: Legality

The filing of a petition shall not mean or imply that it in fact meets all applicable requirements or that it contains reasonable grounds for the action requested or that the action requested is in accordance with law.

8 Ill. Adm. Code 1.240 Petitions: Considered Submitted

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. All such submissions shall be mailed or delivered in person to the Director or to a duly authorized representative of the Department, Illinois Department of Agriculture, State Fairgrounds, P.O. Box 19281, Springfield, Illinois 62794-9281.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.245 Computing Time Limits

Saturdays, Sundays and legal holidays for the State of Illinois shall be included in computing the time for any act in Subpart C of this Part, except that when such time expires on a Saturday, Sunday or legal holiday for the State of Illinois, such period shall be extended to include the next following business day.

History

• Source: Amended at 6 Ill. Reg. 14981, effective November 24, 1982

8 Ill. Adm. Code 1.250 Receipt for Documents

The Illinois Department of Agriculture will not acknowledge or give receipt for such documents, except on request.

History

• Source: Amended at 6 Ill. Reg. 14981, effective November 24, 1982

8 Ill. Adm. Code 1.255 Petitions: Director's Review and Ruling

The Director shall review and rule upon every petition filed, taking into consideration:

a) the agency's resources available to handle the subject matter,

b) the priority assigned to the petition in relation both to subject matter involved and the overall work of the agency, and

c) statutory requirements.

8 Ill. Adm. Code 1.260 Petitions: Proceedings in Reviewing

The Director may utilize any of the following proceedings in reviewing a petition in order to obtain data and information necessary to make a decision on the petition:

a) Conferences, meetings and correspondence.

b) A formal evidentiary public hearing before the Director or his authorized representative.

c) A public hearing or meeting before a departmental advisory board or committee.

d) A public hearing before a statutorily established advisory board or committee.

History

• Source: Amended at 6 Ill. Reg. 14981, effective November 24, 1982

8 Ill. Adm. Code 1.265 Petitions: Agency's Responses; Time Limit

The Director's response shall be furnished to each petitioner in writing within 30 days of the receipt of the petition and shall state the reasons for the action taken. Such response shall either:

a) approve the petition, in whole or in part,

b) deny the petition,

c) provide a tentative response indicating why the agency has been unable to reach a decision on the petition, or

d) initiate administrative proceedings in regard to the petition.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.270 Public Hearing on Petition: Who May Testify

At any public hearing, the petitioner may invite affected persons to attend and testify in regard to the petition. The Department may also invite interested persons to testify or to submit written comments on the petition. Such comments shall be signed by the person making the submission or by an attorney or other authorized representative on the person's behalf.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.275 Public Hearing on Petition: Procedure for Conducting the Hearing

The Director or the administrative law judge shall state at the beginning of the hearing the manner in which the hearing will be conducted, time limits for testifying and any other procedures for conducting the hearing. Procedures and time limits vary according to the number of people wishing to testify, the time the hearing starts, weather conditions and other commitments of Department personnel.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.280 Public Hearing on Petition: Registration of Witnesses

Any person requesting time to make an oral presentation on any petition at any public hearing must register prior to the beginning of the hearing. Persons will be called to testify in the order of registration, unless the administrative law judge determines otherwise in accordance with procedures set forth in Section 1.275 of this Part.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.285 Person Representing Organization, Association or Another Person

A person may represent an association, organization or other group or an individual who is unable to attend. The Director or administrative law judge shall request such person to present proof indicating he is authorized to represent the association, organization or another individual when not familiar with the person. Acceptable proof means a letter, affidavit or verbal verification from an officer of the organization or person being represented.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.290 Alternative Proposals

The Department may propose alternative proposals in order to obtain comments on different proposals.

8 Ill. Adm. Code 1.295 Decision Based Upon Record

The Director's decision on any petition shall be based upon the administrative record.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.300 Decision on Petition: Time Limit

The Director shall make a decision within 30 days following a public hearing or meeting on the petition or within 30 days from receipt of the petition, whichever is later. The agency shall notify the petitioner of the Director's decision in writing. The Director's decision shall be the final decision of the Department.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.305 Petitioner's Rights to a Private Meeting

A petitioner has the right to a private meeting or conference with representatives of the Department in regard to a petition on request. The Director shall determine which representatives of the Department shall attend such meeting. The person requesting the meeting may request but not require the attendance of any Department employee. A petitioner may invite other affected persons to participate fully in the meeting or conference without giving prior notice to the Department. Such meeting shall be conducted informally; however, the Department shall record the minutes of the meeting or conference stenographically or by such other means as to adequately insure the preservation of the minutes for the Department's administrative file.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.310 Petition for Reconsideration or Stay of Administrative Action: Initiated by Department or Departmental Advisory Board (repealed)

History

• Source: Repealed at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.315 Petition for Reconsideration or Stay of Administrative Action: Initiated by Interested Person; Time Limit (repealed)

History

• Source: Repealed at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.320 Petition for Reconsideration: Format and Content (repealed)

History

• Source: Repealed at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.325 Petition for Stay of Administrative Action: Format and Content (repealed)

History

• Source: Repealed at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.330 Petition for Reconsideration: Based Upon Administrative Record (repealed)

History

• Source: Repealed at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.335 Petition for Reconsideration or Stay of Administrative Action: Signing Petition, Legality, Date Considered Submitted, Computing Time Limits, and Receipt for Such Document (repealed)

History

• Source: Repealed at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.340 Petition for Reconsideration or Stay of Administrative Action: Director's Decision; Time Limit (repealed)

History

• Source: Repealed at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.345 Petition for Reconsideration: Criteria for Granting Petition (repealed)

History

• Source: Repealed at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.350 Petition for Stay or Delay of Administrative Action: Criteria for Granting Petition (repealed)

History

• Source: Repealed at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.400 Declaratory Rulings: Advisory Opinion (repealed)

History

• Source: Repealed at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.405 Request for an Advisory Opinion (repealed)

History

• Source: Repealed at 6 Ill. Reg. 14981, effective November 24, 1982

8 Ill. Adm. Code 1.410 Request for an Advisory Opinion; Format and Content, Date Considered Received, and Receipt (repealed)

History

• Source: Repealed at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.415 Agency's Response; Time Limit (repealed)

History

• Source: Repealed at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.420 Criteria for Denying Request for an Advisory Opinion (repealed)

History

• Source: Repealed at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.425 Formal Position of the Department (repealed)

History

• Source: Repealed at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.430 Amending or Revoking an Advisory Opinion (repealed)

History

• Source: Repealed at 6 Ill. Reg. 14981, effective November 24, 1982

8 Ill. Adm. Code 1.435 Use of Advisory Opinion in Administrative Proceedings (repealed)

History

• Source: Repealed at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.440 Action Taken in Conformity with an Advisory Opinion; Acceptability by Department (repealed)

History

• Source: Repealed at 6 Ill. Reg. 14981, effective November 24, 1982

8 Ill. Adm. Code 1.445 Advice by Employee of Department; Informal Communication (repealed)

History

• Source: Repealed at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.500 Availability of Information Contained in Department Records for Inspection and/or Copying; Procedure to Be Followed

Information contained in public records maintained by the Department of Agriculture shall be available for inspection and/or copying by the public unless exempted from such inspection and/or copying in accordance with the provisions of the Freedom of Information Act ( Ill. Rev. Stat. 1991, ch. 116, par. 201 et seq.) and the rules adopted pursuant thereto (2 Ill. Adm. Code 701: Subpart B). When a person desires to inspect and/or obtain a copy of public records of the Department, the procedure to be followed shall be as set forth in the Freedom of Information Act and the rules adopted pursuant thereto.

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.505 Request for Access to Confidential File (repealed)

History

• Source: Repealed at 9 Ill. Reg. 1313, effective January 23, 1985

8 Ill. Adm. Code 1.ILLUSTRATION A Petition

(DATE)

Director

Department of Agriculture

State Fairgrounds

Springfield, Illinois 62706

PETITION

The undersigned submits this petition pursuant to (relevant statutory reference, if known) to request the Director of Agriculture to (amend, issue, or revoke a regulation or take or refrain from taking any other form of administrative action).

A) Action Requested.

1. If the petition requests the Director to issue, amend or revoke a rule or regulation, the exact wording of the proposed regulation or amendment requested.

2. If the petition requests the Director to take or refrain from taking any other form of administrative action, the specific action or relief requested.

B) Statement of Grounds.

(A full statement of the factual and legal grounds upon which the petitioner relies. Such grounds shall include all relevant data, information and views on which the petitioner relies and fiscal implications, if applicable.)

The undersigned certifies that, to the best of such person's knowledge and belief this petition includes all data, information and views on which the petition relies, and that it includes representative data and information known to the petitioner which are unfavorable to the petition.

Very truly yours,

(Signature)

(Complete Mailing Address)

(Telephone number)

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

8 Ill. Adm. Code 1.ILLUSTRATION B Petition for Reconsideration

(DATE)

Director

Department of Agriculture

State Fairgrounds

Springfield, Illinois 62706

PETITION FOR RECONSIDERATION

DOCKET NO.

The undersigned submits this petition for reconsideration of the decision of the administrative law judge.

A) Decision Involved. (A concise statement of the decision of the administrative law judge which the petitioner wishes to have reconsidered.)

B) Action Requested. (The decision which the petitioner requests the Director to make upon reconsideration of the matter.)

C) Statement of Grounds. (A full statement of the factual and legal grounds upon which the petitioner relies. Such grounds shall demonstrate that relevant data, information and views contained in the administrative record were not previously or not adequately considered by the administrative law judge.)

Very truly yours,

(Signature)

(Complete Mailing Address)

(Telephone Number)

History

• Source: Amended at 16 Ill. Reg. 15850, effective October 5, 1992

Part 3 Department of Agriculture Acting as Trustee on Behalf of Claimants

8 Ill. Adm. Code 3.10 Bonding

Pursuant to the Acts listed in Section 40.23 of the Civil Administrative Code of Illinois [20 ILCS 205/40.23] and the rules promulgated for the administration of such Acts, certain license holders or registrants are required to post a Surety Bond being a commercial Surety Bond or pledge other security for the purpose of providing a fund to satisfy certain specific creditors in the event of a failure. The Surety Bond shall be executed on forms supplied by the Department. Every bond shall be signed by the licensee/registrant in the same manner as the application for license/registration, acknowledged before a notary public, and if the application is a corporation, the corporate seal shall be affixed thereto.

History

• Source: Amended at 22 Ill. Reg. 11698, effective June 25, 1998

8 Ill. Adm. Code 3.20 Investigation by Trustee

a) When there is a failure of a licensee/registrant for which a Surety Bond has been posted, the Trustee shall conduct an investigation to accumulate claims and documents as may be available to support claims against the Surety Bond. At the same time as public notice is given in the newspaper, the Trustee shall give notice by certified or registered mail to the Surety posting the bond of the possibility that claims may be forthcoming against the bond. Within the first two weeks of its investigation, the Department of Agriculture shall place at least 3 notices in a newspaper in the business' licensed location informing persons with claims to submit them to the Department.

b) When a failure occurs, the Department of Agriculture shall give a written order of suspension in accordance with the provisions of the licensing/registration Act.

History

• Source: Amended at 22 Ill. Reg. 11698, effective June 25, 1998

8 Ill. Adm. Code 3.30 Valid Claims

a) Claims to be valid against a Surety Bond held by the Trustee shall be defined as bona fide obligations covered by enabling statute and/or Section 40.23 of the Civil Administrative Code of Illinois which are filed by claimants within the statute of claims limitation as established by the enabling statute, if one prevails, or the Mechanics Lien Act [770 ILCS 60], or 30 days from the date the business is closed, whichever is less.

b) The closing date of a business shall be the date the business failed.

c) All claims determined as being valid claims by the Illinois Department of Agriculture shall be considered as valid claims for the purposes of filing a claim against the surety bond pledged.

History

• Source: Amended at 22 Ill. Reg. 11698, effective June 25, 1998

8 Ill. Adm. Code 3.40 Hearing to Verify Claimants and Claim Amounts

The Trustee shall give at least a 10-day notice by registered or certified mail to the Surety posting the bond, the licensee/registrant, as well as to all known claimants, advising them of the date, time and place of the administrative hearing. A hearing to receive claims not previously submitted to the Trustee and to verify claimants and their amount shall be held by the Trustee in accordance with Section 3.60 of this Part. Notice of the date, time and place of the hearing shall be published in the official state newspaper and once in a newspaper in the business' licensed location. In the event that the surety fails to object to any of the valid claims (8 Ill. Adm. Code 1.114), the surety shall pay within 35 days from the date of the hearing officer's decision, to the Director of the Illinois Department of Agriculture, as Trustee, the amount of the surety bond ordered to be paid to the Director of the Illinois Department of Agriculture, as Trustee, for the purpose of paying the valid claims. When requested, the Trustee will provide a breakdown on how the trust account was distributed. The final administrative decision (see 8 Ill. Adm. Code 1.77(f) and 1.124) shall be subject to judicial review in accordance with the Administrative Review Law [735 ILCS 5/Art. III].

History

• Source: Amended at 22 Ill. Reg. 11698, effective June 25, 1998

8 Ill. Adm. Code 3.50 Trust Accounts

The Department of Agriculture shall establish and deposit funds received from a liquidated bond into an interest-bearing trust account in a federally insured financial institution until payment to claimants is made. The funds in a trust account shall be paid to claimants with valid claims by check written by the Department. An accounting of the funds which are deposited in the trust account shall be maintained by the Department on a separate accounting record for each trust account, identifiable as to the source of such funds, and any accrued interest shall be prorated among the identified funds in amounts equal to the same percentage as each identified fund is to the total of the trust account. Accrued interest from funds in a trust account shall be available for payment of valid claims. In determining the type of account in which to deposit bond proceeds, the Department shall consider interest rates, the anticipated period of time before payment to claimants with valid claims will be made, maturity dates, and any other factors which could affect the maximization of funds for the benefit of claimants. Reports shall be made to the Comptroller of funds held in such accounts in accordance with Section 16 of the State Comptroller Act [15 ILCS 405/16].

History

• Source: Amended at 22 Ill. Reg. 11698, effective June 25, 1998

8 Ill. Adm. Code 3.60 Administrative Hearings

Administrative hearings held by the Department are governed by the procedures established in the Illinois Administrative Procedure Act [5 ILCS 100] and the Department's Administrative Rules (8 Ill. Adm. Code 1) which pertain to administrative proceedings, contested cases, petitions and availability of Department of Agriculture files for public disclosure. All decisions and actions of the Department of Agriculture are subject to the Illinois Administrative Procedure Act and the Department's Administrative Rules.

History

• Source: Amended at 22 Ill. Reg. 11698, effective June 25, 1998

8 Ill. Adm. Code 3.70 Cancellation of Surety Bond

Persons having Surety Bonds filed with the Department of Agriculture shall use the following procedure in regard to cancellation of Surety Bonds:

a) Notice of cancellation shall be sent by certified or registered mail or written notification delivered personally to the Director of the Department of Agriculture, State Fairgrounds, P.O. Box 19281, Springfield, Illinois 62794-9281. A copy of the notice of cancellation shall be delivered to the principal on the same day as notice is delivered to the Director.

b) Notice shall contain the Surety Bond number, amount of surety, and the name of principal.

c) The date of the notice of cancellation and the effective date of the termination of the bond shall be set as follows:

1. The date of notice of cancellation shall be the date the notice is received by the Department of Agriculture.

2. The effective date of termination of the bond can be no sooner than the date of notice plus the required notice period as established in the licensing act. The notice of cancellation shall not affect the liability accrued or which may accrue under such bond before the effective date of termination.

History

• Source: Amended at 22 Ill. Reg. 11698, effective June 25, 1998

8 Ill. Adm. Code 3.80 Investigation by Trustee

a) When there is a failure of licensee/registrant for which collateral acceptable to the Department has been pledged, the Trustee shall conduct an investigation to accumulate claims and documents as may be available to support claims against the collateral. Within the first two weeks of its investigation, the Department of Agriculture shall place at least 3 notices in a newspaper in the business' licensed location informing persons with claims to submit them to the Department.

b) When a failure occurs, the Department of Agriculture shall give a written order of suspension in accordance with the provisions of the licensing/registration act.

History

• Source: Amended at 22 Ill. Reg. 11698, effective June 25, 1998

8 Ill. Adm. Code 3.90 Collateral

a) Pursuant to the Acts listed in Section 40.23 of the Civil Administrative Code of Illinois and rules promulgated for the administration of such Acts, certain license holders or registrants are required to post a surety bond or are permitted to pledge collateral acceptable to the Department for the purpose of providing a fund to satisfy certain specific creditors in the event of a failure.

b) Collateral shall be made payable to the Illinois Department of Agriculture, Director, as Trustee. The collateral shall be kept in the custody of the Director. Only Certificates of Deposit issued by financial institutions that are members of the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation will be accepted by the Department as collateral security. Letters of Credit shall be in accordance with Article V of the Uniform Commercial Code [810 ILCS 5/Art. V]. Notice of request for cancellation and return of the collateral shall be sent by the licensee/registrant by certified mail to the Director, Illinois Department of Agriculture, P.O. Box 19281, Springfield, Illinois 62794-9281. The notice shall contain the name and address of the principal, the amount of the collateral and reason for requesting the return of the collateral.

c) In the event the amount of the collateral is changed, the licensee/registrant shall submit new collateral acceptable to the Department. The date the new collateral is to be effective shall be set by the Department and any liability accruing under the prior collateral will be transferred to the new collateral. The effective date of the new collateral shall be set whereby there is no lapse of time that claimants are not protected by pledged security. The Department will release the original collateral upon receipt of the new collateral.

d) The financial institution shall pay directly to the purchaser that amount of interest that will enable the Certificate of Deposit to be withdrawn at full face value at any time. In the event the business fails, the Trustee shall liquidate the Certificate of Deposit and any interest accrued will be paid to the Trustee. When the Trustee liquidates the Certificate of Deposit, the financial institution will be notified in writing of such action by certified or registered mail or by personal demand by an authorized representative of the Department.

e) In the event of a failure of any licensee or registrant and where the Department's investigation reveals claims against the collateral, the Department of Agriculture shall liquidate the collateral to the extent necessary to satisfy claimants. The Department shall establish and deposit funds received from a liquidated collateral into an interest-bearing trust account in a federally insured financial institution until payment to claimants is made. The funds in a trust account shall be paid to claimants with valid claims by check written by the Department. An accounting of the funds which are deposited in the trust account shall be maintained by the Department on a separate accounting record for each trust account, identifiable as to the source of such funds, and any accrued interest shall be prorated among the identified funds in amounts equal to the same percentage as each identified fund is to the total trust account. Accrued interest from funds in a trust account shall be available for payment of valid claims. In determining the type of account in which to deposit trust funds, the Department shall consider interest rates, the anticipated period of time before payment to claimants with valid claims will be made, maturity dates and any other factors which could affect the maximization of funds for the benefit of claimants. Reports shall be made to the Comptroller of funds held in such accounts in accordance with the State Comptroller Act. When requested, the Trustee will provide a breakdown of how the trust account was distributed.

f) In the event of a failure of a licensee/registrant and where the Department's investigation reveals no valid claims against the collateral, the procedure as set forth in Section 3.140 shall be followed.

History

• Source: Amended at 22 Ill. Reg. 11698, effective June 25, 1998

8 Ill. Adm. Code 3.100 Valid Claims

a) Claims to be valid against collateral held by the Trustee shall be defined as bona fide obligations covered by enabling statute and/or Section 40.23 of the Civil Administrative Code of Illinois which are filed by claimants or which are disclosed by the Illinois Department of Agriculture. Any claim to be a valid claim against collateral must be filed with the Department or disclosed by the Illinois Department of Agriculture within the statute of claims limitation as established by the enabling statute, if one prevails, or the Mechanics Lien Act [770 ILCS 60] or 30 days from the date the business is closed, whichever is less. The closing date of a business shall be the date the business failed.

b) All claims determined as being valid claims by the Illinois Department of Agriculture shall be considered as valid claims for the purposes of filing a claim against the collateral.

History

• Source: Amended at 22 Ill. Reg. 11698, effective June 25, 1998

8 Ill. Adm. Code 3.110 Hearing to Verify Claimants and Claim Amounts

The Trustee shall give at least a 10-day notice by registered or certified mail to the licensee/registrant posting the collateral, as well as to all known claimants advising them of the date, time and place of an administrative hearing. A hearing to receive claims not previously submitted to the Trustee and to verify claimants and their amount shall be held by the Trustee in accordance with 8 Ill. Adm. Code 3.60. Notice of the date, time and place of the hearing shall be published in the official State newspaper and once in a newspaper in the business' licensed location. The administrative law judge, in his/her findings, shall order that all, any portion or none of the collateral be used by the Trustee for the payment of valid claims.

History

• Source: Amended at 22 Ill. Reg. 11698, effective June 25, 1998

8 Ill. Adm. Code 3.120 Dispute of Claims by Licensee/Registrant

In the event that the licensee/registrant fails to object to any of the valid claims (8 Ill. Adm. Code 1.315), the Trustee shall distribute the trust funds in accordance with 8 Ill. Adm. Code 3.130. The final administrative decision (see 8 Ill. Adm. Code 1.77(f) and 1.124) shall be subject to judicial review in accordance with the Administrative Review Law [735 ILCS 5/Art. III].

History

• Source: Amended at 22 Ill. Reg. 11698, effective June 25, 1998

8 Ill. Adm. Code 3.130 Release of Payment to Claimants

No portion of the collateral shall be paid to claimants by the Director of the Illinois Department of Agriculture, as Trustee, until such time as 30 days have passed after a final administrative order without appeal or action on a rehearing before the administrative law judge (8 Ill. Adm. Code 1.114). After a final administrative determination and payment to the claimants with valid claims is made, the Director of the Illinois Department of Agriculture shall return the net balance, if any, to the person pledging the collateral.

History

• Source: Amended at 22 Ill. Reg. 11698, effective June 25, 1998

8 Ill. Adm. Code 3.140 Return of Collateral When There Is No Business Failure

If a business ceases operation, the collateral shall be released to the licensee registrant at the conclusion of the time period for filing claims (see 8 Ill. Adm. Code 3.100), provided an investigation by the Department of Agriculture reveals that no apparent statutory liability arose during the period of time the business was operating. Notification that the business has ceased and request for the release of the collateral shall be delivered in writing to the Department at its Springfield office by the licensee/registrant. Within the first two weeks of its investigation, the Department shall place at least 3 notices in a newspaper in the business' licensed location informing persons with claims to submit them.

History

• Source: Amended at 22 Ill. Reg. 11698, effective June 25, 1998

8 Ill. Adm. Code 3.180 Investigation and Audit by Trustee (repealed)

History

• Source: Repealed at 22 Ill. Reg. 11698, effective June 25, 1998

8 Ill. Adm. Code 3.190 Valid Claims (repealed)

History

• Source: Repealed at 22 Ill. Reg. 11698, effective June 25, 1998

8 Ill. Adm. Code 3.200 Hearing to Verify Claimants and Claim Amounts (repealed)

History

• Source: Repealed at 22 Ill. Reg. 11698, effective June 25, 1998

8 Ill. Adm. Code 3.210 Dispute of Claims by Licensee/Registrant (repealed)

History

• Source: Repealed at 22 Ill. Reg. 11698, effective June 25, 1998

8 Ill. Adm. Code 3.220 Release of Assets to Claimants (repealed)

History

• Source: Repealed at 22 Ill. Reg. 11698, effective June 25, 1998

8 Ill. Adm. Code 3.230 Disposition of Assets; Trust Accounts (repealed)

History

• Source: Repealed at 22 Ill. Reg. 11698, effective June 25, 1998

Part 5 Standardization of Agriculture Products

8 Ill. Adm. Code 5.10 Personnel

A Federal-State meat grading service will be provided by personnel in the employ of the Illinois Department of Agriculture, and they shall be licensed by and follow the rules and regulations of the Agricultural Marketing Service of the United States Department of Agriculture pertaining to meat grading (7 CFR 54: Subpart A (1985); 50 FR 14365 (1985)) as set forth in the cooperative agreement between the before-stated federal agency and the Illinois Department of Agriculture, dated August 30, 1985. The Illinois Department of Agriculture shall also provide poultry grading upon request in accordance with the federal poultry grading procedures (7 CFR 70: Subpart A (1985)).

History

• Source: Amended at 10 Ill. Reg. 3003, effective January 16, 1986

8 Ill. Adm. Code 5.20 Grading Fees

a) The person requesting meat or poultry grading services shall pay the cost of the service provided at the rate of $17 per hour or any fraction thereof for the time spent by the grader at the establishment. There shall be a two hour minimum charge.

b) All moneys received by the Illinois Department of Agriculture for providing the meat and poultry grading service will be deposited in the Agricultural Master Fund to be used in the administration of "AN ACT in relation to the inspection and standardization of horticultural, agricultural, apiarian, dairy and other farm products" (Ill. Rev. Stat. 1983, ch. 5, par. 92 et seq.).

History

• Source: Amended at 10 Ill. Reg. 3003, effective January 16, 1986

8 Ill. Adm. Code 5.30 Grading Standards for Meat and Poultry

The quality standards for the grading of meat and poultry shall be those standards (7 CFR 54: Subpart B (1985) and (7 CFR 70: Subpart B (1985)) adopted and published by the Agricultural Marketing Service of the United States Department of Agriculture pursuant to the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et. seq. (1985)).

History

• Source: Amended at 10 Ill. Reg. 3003, effective January 16, 1986

8 Ill. Adm. Code 5.40 Incorporation by Reference

Incorporation by reference in this Subpart does not include any later amendments, deletions or editions beyond the date specified.

History

• Source: Added at 10 Ill. Reg. 3003, effective January 16, 1986

8 Ill. Adm. Code 5.70 Program

a) Feeder pig grading service will be provided by the Illinois Department of Agriculture on a permissive basis. The seller, broker, agent, dealer, buyer or any other party to a transaction involving the sale of feeder pigs may request and have graded any feeder pigs in accordance with the standards for feeder pigs as set forth in these rules.

b) This grading service will be provided by personnel in the employ of the Illinois Department of Agriculture or who are authorized agents of the Department.

c) This grading service shall be in accordance with the cooperative agreement between the Agricultural Marketing Service of the United States Department of Agriculture and the Illinois Department of Agriculture.

8 Ill. Adm. Code 5.80 Grader Qualifications

Each person grading feeder pigs must be trained, approved, and certified by the Agricultural Marketing Service of the United States Department of Agriculture in accordance with the before-mentioned cooperative agreement.

8 Ill. Adm. Code 5.90 Bonding of Graders (repealed)

History

• Source: Repealed at 16 Ill. Reg. 8364, effective May 26, 1992

8 Ill. Adm. Code 5.100 Feeder Pig Grading Standards

The grade standards for the Illinois feeder pig grading program shall be those standards adopted and published from time to time by the Agricultural Marketing Service of the United States Department of Agriculture pursuant to the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et. seq.). These standards shall be used by each grader in determining the grade of individual feeder pigs or lots of feeder pigs.

8 Ill. Adm. Code 5.110 Identification of Feeder Pigs

Feeder pigs may be identified by individual animal or by lot. The method of identification shall be as approved by Department order.

8 Ill. Adm. Code 5.120 Certificates

A certificate shall be issued by the feeder pig grader on each lot of pigs graded. The certificate shall include the grade or grades of the lot, description of animal or animals in the lot, identification mark or marks, and the number of animals in the lot.

8 Ill. Adm. Code 5.130 Grading Fees

a) The person requesting the grading service shall be obligated to pay the cost of the service provided at the rates as set forth in this rule. The rates are as follows:

1. Grading fee − $7 per hour or any fraction thereof

2. Minimum service fee − 6 hours

3. Mileage fee − approved State rate

b) All monies received pursuant to this grading program will be deposited in the Agricultural Master Fund and shall be disbursed as provided in the Act.

AGENCY NOTE The mileage fee shall be in addition to all other charges. The mileage to be figured from the employee's or agent's assigned office to the place where the grading service is rendered and return.

History

• Source: Amended at 6 Ill. Reg. 2581, effective February 18, 1982

8 Ill. Adm. Code 5.170 Personnel

A Federal-State inspection and grading service on fresh fruits and vegetables will be provided by personnel in the employ of the Illinois Department of Agriculture and licensed by and following the rules and regulations of the Consumer and Marketing Service of the United States Department of Agriculture pertaining to inspection service on fresh fruits and vegetables as set forth in the cooperative agreement between the above agency and the Illinois Department of Agriculture dated July 1, 1966, and as thereafter amended.

History

• Source: Rules and Regulations Relating To The Standardization of Agricultural Products, filed July 4, 1975, effective July 15, 1975

8 Ill. Adm. Code 5.180 Grading Fees

a) The person requesting the grading and inspection service shall be obligated to pay the cost of the service provided at the rates as set forth in this rule. The rates are as follows:

SHIPPING POINT INSPECTION FEES

Minimum Fee $5.00

Apples

3 cents per 35-45 lb. package

Peaches

3 cents per 35-45 lb. package

Strawberries

3 cents on trays – 4 cents on crates

Tomatoes

1 cent on 10 lb. basket – 3 cents on 30 lb. lug.

Beans

3 cents per bu.

Irish Potatoes

4 cents per 100 lb. sack

Onions

4 cents per 50 lb. sack

Cabbage

4 cents per 50 lb. sack

Sweet Corn

3 cents per sack

Topped Beets

4 cents per sack

Topped Turnips

4 cents per sack

Cucumbers

4 cents per bu.

Peppers

4 cents per bu.

b) The above fees apply as stated or may be applied on equitable basis.

c) AGENCY NOTE: Rates will be 1½ times the regular rate on all items after 6:00 p.m. daily, all hours worked Saturdays, Sundays, and on all State observed holidays.

d) All monies pertaining to Federal-State inspection service on fresh fruits and vegetables received pursuant to the cooperative agreement between the Illinois Department of Agriculture and the United States Department of Agriculture will be deposited in the Agricultural Master Fund and shall be disbursed as provided in the Act.

History

• Source: Rules and Regulations Relating To The Standardization of Agricultural Products, filed July 4, 1975, effective July 15, 1975

8 Ill. Adm. Code 5.190 Quality and Grading Standards for Fresh Fruit and Vegetables

The quality and grade standards for the grading and inspection of fresh fruits and vegetables shall be those standards adopted and published by the Consumer and Marketing Service of the United States Department of Agriculture pursuant to the Agricultural Marketing Act of 1946, as amended (7 USC, 1621 et. seq.).

History

• Source: Rules and Regulations Relating To The Standardization of Agricultural Products, filed July 4, 1975, effective July 15, 1975

8 Ill. Adm. Code 5.220 Hay, Haylage and Corn Silage Quality Analysis (repealed)

History

• Source: Repealed at 14 Ill. Reg. 10308, effective June 19, 1990

8 Ill. Adm. Code 5.230 Fee Schedule for Quality Analysis Services (repealed)

History

• Source: Repealed at 14 Ill. Reg. 10308, effective June 19, 1990

8 Ill. Adm. Code 20.1 Definitions

"Accredited veterinarian" means a veterinarian who is licensed by the state in which he practices, is approved by the animal health authority of that state, and is accredited by the United States Department of Agriculture.

"Animal and Plant Health Inspection Service" means the Animal and Plant Health Inspection Service of the United States Department of Agriculture.

"Approved eartag" means an eartag that provides unique identification for the individual animal, is tamper resistant, and has been approved for use either by the U.S. Department of Agriculture or the Illinois Department of Agriculture. The eartag may conform with one of the following:

A nine digit alphanumeric system starting with "33" (the postal code for Illinois) followed by three letters and four numbers; or

The Animal Identification Number (AIN) system or the Premises Based Numbering (PBN) system as provided in 9 CFR 71.1 (2009).

Information concerning manufacturers of approved eartags may be obtained from the Department.

"Approved health certificate" means one that has been so endorsed by the Animal Health Official of the state of origin.

"Approved identification" or "official identification" means an approved eartag, a breed registry tattoo when the breed registry certificate of registration accompanies the animal, a tattoo conforming to the six-character alphanumeric National Tattoo System that provides a unique identification for each herd or lot of animals, or microchip.

"Approved laboratory" means one of the animal disease laboratories operated by the Department, the State-Federal Serology Laboratory, the Laboratories of Veterinary Diagnostic Medicine at the College of Veterinary Medicine, University of Illinois, or a laboratory approved by the Animal Health Official of the exporting state to conduct official tests.

"Auction market" means a licensed livestock facility (stockyard or livestock market under State and Federal veterinary supervision) where livestock are assembled and sold.

"Brucellosis" means the disease wherein an animal is infected with Brucella micro-organisms irrespective of the occurrence or absence of clinical signs.

"Certified Brucellosis-Free Herd" means one that has qualified for, and the owner has been issued, a certified brucellosis-free herd certificate by the Animal Health Official of the state of origin and the Animal and Plant Health Inspection Service.

"Consignment" means a document issued by the owner or shipper of livestock, designating the name of the owner and/or shipper; place of origin; stockyard, auction market, or packing plant of destination; date of shipment; and number and description of livestock, certified to by the owner or shipper, kept in possession of the carrier and delivered to a stockyard, auction market, or packing plant of destination upon acceptance. This consignment shall be held by the stockyard, auction market, or packing plant for a period of not less than 6 months for inspection by the legally authorized officials of the United States Department of Agriculture and the Department and other officials having police powers.

"Contagious disease" means a specific infectious disease which is readily transmitted from host to host by direct contact or by means of intermediate hosts.

"Department" or "Department of Agriculture", unless otherwise indicated, means the Department of Agriculture of the State of Illinois.

"Director" means the Director of the Illinois Department of Agriculture.

"Federal Inspector" means an Animal Health Technician or veterinarian employed by the Animal and Plant Health Inspection Service of the United States Department of Agriculture.

"Feeder female cattle" means female bovines of the beef breeds 6-18 months of age that have not been tested for brucellosis prior to sale.

"Feeder swine" or "feeding swine" means swine under 4 months of age, weighing less than 180 pounds and not requiring testing as breeding swine or swine consigned directly to slaughter.

"Health certificate" or "certificate of health" or "interstate health certificate" or "certificate of veterinary inspection" means a legible record, made on an official form of the state of origination of the movement, or the Animal and Plant Health Inspection Service, and issued by an accredited veterinarian of the state of origination of the movement, a veterinarian in the employ of the Animal and Plant Health Inspection Service, or a veterinarian in the employ of the United States Armed Services, that shows the animals or birds listed on the certificate meet the health requirements of the state of destination. For movement into Illinois, all animals must meet the importation requirements prescribed for the state of origin regardless of the current location of the animals. The health certificate shall contain the name and complete mailing address of the consignor, the name and complete mailing address of the consignee, and an accurate description or identification of the animals or birds involved, and shall also indicate the health status of the animals or birds, including the dates and results of required tests and dates of vaccination, if any. A health certificate is valid for 30 days after issuance, except when specific exemptions are made for exhibition livestock. The 2 copies of the health certificate that are labeled "Division Copy" shall be submitted to the Department within 30 days after the date of inspection. No alteration of any type is allowed on a health certificate.

"Infected animal", "positive animal" or "reactor" means an animal which has given a positive reaction to any official test or in which evidence of the disease has been found in the body or in the body discharges, when the animal has been classified as such by a State Animal Health Official or Federal epidemiologist.

"Infectious disease" means the reaction resulting from the introduction into the body of a specific disease-producing organism or its toxic product.

"Infestation" or "infested with" means the invasion of the body by animal parasites.

"Market Cattle Identification Program" means the brucellosis testing program of market cattle that is part of the National Brucellosis Eradication Program (9 CFR 78 (2009)). In accordance with the authority stated in the Illinois Bovine Brucellosis Eradication Act [510 ILCS 30/2], the Department has entered into a cooperative agreement with the United States Department of Agriculture to identify brucellosis infected herds.

"Marketing center" means an approved livestock facility (under State and Federal veterinary supervision) where livestock are assembled and sold and that has been approved under 9 CFR 71.20 (2009).

"Milk ELISA" means the diagnostic test using milk to detect the presence of any disease, such as brucellosis, in a herd through an enzyme-linked immunosorbent assay.

"Negative exposed cattle" means a test negative animal in an infected herd.

"Official test" means any test for the detection of a reportable disease in Illinois as defined in 8 Ill. Adm. Code 85.10, approved by the Department and the Animal and Plant Health Inspection Service, which is based on a standard test that is approved by the American Association of Veterinary Laboratory Diagnosticians and the United States Department of Agriculture and conducted in an approved laboratory.

"Premises identification number" means a unique number assigned by the Department or the United States Department of Agriculture to a livestock production unit that is epidemiologically distinct from other livestock production units. A premises identification number consists of IL followed by the assigned premises number, or a number assigned by USDA under the National Animal Identification System, to a livestock production unit or any place where livestock can be located or co-mingled. A premises identification number may be used in conjunction with a producer's own livestock production numbering system to provide a unique identification number for an animal.

"Public stockyard" means a stockyard where trading in livestock is conducted, where yarding, feeding, and watering facilities are provided by the stockyard, transportation, or similar company, and where State and/or Federal inspection is maintained for the inspection of livestock for communicable disease.

"Quarantine" means a condition in which one or more animals shall be kept separate and apart from and not allowed to come in contact in any way with other animals.

"Recognized slaughtering establishment" means an establishment where slaughtering is conducted under Federal or State inspection.

"Restriction" or "restricted" means a condition in which one or more animals shall be kept on certain designated premises and shall not be allowed to come in contact in any way with animals from other premises.

"Ring test" or "brucellosis ring test" or "BRT" means the diagnostic test of milk or cream to detect the presence of brucellosis in the herd in which such milk or cream sample was produced.

"State Inspector" means an Animal and Animal Products Investigator or veterinarian employed by the Illinois Department of Agriculture.

"Suspicious animal" or "suspect" means an animal that has given a positive reaction to an official test and whose test results are less than that which would result in a classification of reactor.

"Tuberculosis-Free Accredited Herd" means one for which a certificate of accreditation has been issued by the Animal Health Official of the state of origin and the Animal and Plant Health Inspection Service.

History

• Source: Amended at 34 Ill. Reg. 19391, effective January 1, 2011

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 25 Animal Welfare Act

8 Ill. Adm. Code 25.10 Definitions

"Act" means the Animal Welfare Act [225 ILCS 605].

"Animal" as used in this Part means any mammal, bird, fish, or reptile offered for sale, trade, or adoption or for which a service is provided by any person licensed under this Act.

"Companion Animal" means an animal that is commonly considered to be, or is considered by the owner to be, a pet. Companion animal includes, but is not limited to, canines, felines and equines. [570 ILCS 70/2.01a]

"Equine Shelter" is an animal shelter as defined in Section 2 of the Act that is only for equines.

"Exotic or non-domesticated animals" means mammals (including non-human primates), reptiles and birds that are not native to North America and are not normally maintained livestock (llamas, ratites, cervids and similar animals are considered livestock under this definition) or native mammals that are not domesticated and normally maintained as pets (i.e., prairie dogs). Not included in this definition are hamsters, guinea pigs and gerbils or any member of the species felis catus that have been domesticated or canis familiaris.

"Fire Alarm System" means a system automatically activated by a device that detects smoke, heat or fire. The fire alarm system automatically triggers a notification to local emergency responders.

"Fire Sprinkler System" means one of the following systems that automatically trigger a notification to local emergency responders when activated:

Any water-based automatic fire extinguishing system employing fire sprinklers. The sprinkler system shall be designed in accordance with NFPA 13 (Standard for the Installation of Sprinkler Systems (2013)) and NFPA 101 (Life Safety Code (2015)), both available from the National Fire Protection Association, 1 Batterymarch Park, Quincy MA 02169. "Fire sprinkler system" includes accessory fire pumps and assorted piping, fire standpipes, or underground fire main systems starting at the connection to the water service after the approved backflow device is installed under the requirements of the Illinois Plumbing Code (77 Ill. Adm. Code 890) (Code) and ending at the most remote fire sprinkler; or

Sprinkler heads that are in a loop of the potable water system, as described in Sections 890.1130 and 890.1200 of the Code.

"Staffing Plan" means a plan to staff a kennel operating any time cats or dogs are on the premises. At a minimum, a staffing plan must include the kennel operator's hours of operation, number of staff, names of staff, and the staff's contact information. The staffing plan must show that at least one staff member is on site, alert and available any time dogs or cats are on the premises.

"Qualified Fire Inspector" means a local fire official or a building inspector, working for a unit of local government or fire protection district, who is qualified to inspect buildings for fire safety or building code compliance.

"Work Progress Form" is a form issued by the Department to licensees or applicants notifying them of deficiencies and the improvements required to be made by them within a specified period of time to comply with the Act.

History

• Source: Amended at 44 Ill. Reg. 10087, effective May 28, 2020

8 Ill. Adm. Code 25.15 Incorporations by Reference

Incorporations by reference in this Part do not include any later amendments or editions beyond the date specified.

History

• Source: Added at 12 Ill. Reg. 8265, effective May 2, 1988

8 Ill. Adm. Code 25.20 Buildings and Premises

a) All buildings and premises shall be maintained in a sanitary condition and the licensee shall:

1. Have covered, leak-proof containers available for storage of waste materials before disposal to control vermin and insects. Such containers shall be maintained in a sanitary condition. This subsection (a)(1) does not apply to equine shelters.

2. Dispose of dead animals in compliance with the Illinois Dead Animal Disposal Act [225 ILCS 610] and rules enacted pursuant to that law (8 Ill. Adm. Code 90) or the Companion Animal Cremation Act [815 ILCS 318]. Compliance with this State Law shall not exempt a licensee from compliance with local ordinances.

3. Take effective control measures to prevent infestation of animals and premises with external parasites and vermin.

4. Provide water from a source having sufficient pressure to properly sanitize and clean the facility and equipment. This subsection (a)(4) does not apply to equine shelters.

5. Provide hand washing facilities.

b) All buildings shall be constructed so as to provide adequate shelter for the comfort of the animals and shall provide adequate facilities for isolation of diseased animals and their waste to avoid exposure to healthy and salable animals.

c) Floors of buildings housing or displaying animals shall be of permanent construction to enable thorough cleaning and sanitizing, except equine shelters. Dirt and unfinished wood floors are unacceptable, except for equine shelters. Cleaning shall be performed daily, or more often if necessary, to prevent any accumulation of debris, dirt or waste.

d) Cages shall be constructed of a material that is impervious to urine and water and able to withstand damage from gnawing and chewing. This subsection (d) does not apply to equine shelters.

1. The cages must be cleaned and sanitized at least once daily, or more often if necessary.

2. All empty cages shall be kept clean at all times.

3. Cages shall be of sufficient size to allow the animal to comfortably stand, sit, or lie, and offer freedom of movement.

4. An ambient temperature as defined in the rules for the Federal Animal Welfare Act (9 CFR 3.2; 2006) shall be maintained for warmblooded animals. In the case of coldblooded animals, the temperature that is compatible to the well-being of the species shall be maintained.

e) Runs shall be constructed of material of sufficient strength and design to confine the animals. This subsection (e) does not apply to equine shelters.

1. They shall be kept in good repair and condition.

2. For new construction or remodeling, the licensee shall provide runs surfaced with concrete or other impervious material.

3. Surface of the run shall be designed to permit the surface to be cleaned and kept free from excessive accumulation of animal waste.

4. Provisions must be made for adequate drainage, including gutters and discharge of any fluid or content into a sewer, septic tank or filter field, and shall comply with any local zoning.

f) Cages or aquariums for housing of small animals, birds, or fish shall provide space not less than 2½ times the body volume of living creatures contained therein.

g) If animals are group-housed, they shall be maintained in compatible groups without overcrowding. No female animal in estrus shall be placed in a pen with male animals, except for breeding purposes.

h) Upon an inspection of a licensee or applicant by the Department, the Department may provide a Work Progress Form to the licensee or applicant if deficiencies are detected during the inspection. The licensee or applicant must make the improvements to correct the deficiencies listed in the form within the time period specified in the form.

History

• Source: Amended at 31 Ill. Reg. 6904, effective May 1, 2007

8 Ill. Adm. Code 25.30 General Care of Animals

a) All persons or establishments licensed under this Act shall comply with all Sections of the Humane Care for Animals Act [510 ILCS 70].

b) Sufficient clean water and fresh food shall be offered to each animal daily as prescribed in the rules for the Federal Animal Welfare Act (9 CFR 3.5-3.7; 2006). In the case of young animals, they shall be fed more than once daily. Reptiles, fish or amphibians shall be fed and cared for in accordance with the eating patterns and environmental conditions compatible with each individual species.

c) The licensee or his representative shall be present for general care and maintenance of the animals at least once daily.

d) Aquariums containing fish shall be kept in a clean healthful condition. Live algae shall not be considered an unhealthful condition. Any dead fish shall be removed from aquariums.

e) Adult cats shall be provided with litter pans at all times. The pans shall be cleaned and sanitized at least once daily or more often if necessary.

f) Equine shelters shall follow the American Association of Equine Practitioners (AAEP) Care Guidelines for Equine Rescue and Retirement Facilities (2004). The AAEP care guidelines are available from the Department and published on the Department's web site.

History

• Source: Amended at 31 Ill. Reg. 6904, effective May 1, 2007

8 Ill. Adm. Code 25.40 Dogs and Other Companion Animals Brought Into Illinois (repealed)

History

• Source: Repealed at 31 Ill. Reg. 6904, effective May 1, 2007

8 Ill. Adm. Code 25.45 Importation of Exotic or Non-Domestic Animals; Permit (repealed)

History

• Source: Repealed at 31 Ill. Reg. 6904, effective May 1, 2007

8 Ill. Adm. Code 25.47 Animals Imported Into Illinois

Licensees shall not cause animals to be imported into Illinois from another state or country, unless the animals are accompanied by a health certificate and an entry permit number that satisfy the following requirements:

a) Health Certificate Requirements

1. The health certificate shall state the age, sex, breed, number and description of each animal.

2. The health certificate shall state that the animal is free from visible evidence of contagious, infectious or communicable diseases, that it originated in an area not under quarantine because of rabies, and that all animals required to be vaccinated against rabies have been vaccinated as set forth in 8 Ill. Adm. Code 30.90 (Illinois Animal Control Act). One health certificate may encompass all, or any part of, a single animal shipment, as long as the certificate meets the requirements of this Section with regard to animals.

3. A copy of the health certificate shall be filed with the Department upon entry of the animal into Illinois.

4. A health certificate shall not be required for:

A) fish;

B) dogs consigned to hospitals, pharmaceutical companies, or licensed research institutions for research or teaching;

C) performing dogs or dogs brought in for a limited period of time for exhibition or breeding purposes and kept under direct control while in Illinois; and

D) animals entering Illinois from states in which a declaration of disaster has been made, provided the animal is examined by a licensed veterinarian within 24 hours after arrival.

5. All health certificates shall be issued by an accredited veterinarian of the state of origin or by a veterinarian in the employ of the United States Department of Agriculture (USDA) or by a licensed veterinarian of the country of origin.

6. The form of the health certificate shall be approved by the animal health official of the state or country of origin and shall reflect the state or country of origin.

7. The health certificate must have an issuance date within 30 days prior to entry of the animal into Illinois.

b) Entry Permit Number Requirements

1. A person may request an entry permit number by contacting the Department by telephone, in writing, or on line at the Department's web site. A permit number will be issued immediately upon submission of a request.

2. Before the Department shall issue an entry permit number, the person requesting the permit number shall provide to the Department the following information:

A) Name, address and telephone number of the owner of the animal;

B) Name, address and telephone number of the person transporting the animal into Illinois;

C) Name, address and telephone number of the person making request for the entry permit number;

D) Name, address and telephone number of the place of origin and destination;

E) Number and species of animals entering Illinois;

F) Date of entry into Illinois; and

G) USDA license numbers, if applicable.

3. The entry permit number must have an issuance date within 30 days prior to entry of the animal into Illinois.

4. Grounds for refusal to issue an entry permit number are:

A) Violation of the Act or rules; and

B) Presence of a disease that might endanger the Illinois livestock or companion animal industry or pose a threat to public health.

5. An entry permit number shall not be required for the import of fish.

6. Entry permit numbers for animals entering Illinois from a state in which a declaration of emergency has been made shall be obtained within 24 hours after arrival.

c) Licensees shall retain copies of the health certificates as part of their business records that are subject to inspection by the Department under the Act and Section 25.90. Such records are required to be kept by licensees for 2 years from the date of receipt of the imported animal.

History

• Source: Added at 31 Ill. Reg. 6904, effective May 1, 2007

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 25 Animal Welfare Act

8 Ill. Adm. Code 25.50 Shipment of Mammals and Birds

a) Animals shall be transported in crates constructed of a smooth, durable material which is easily cleaned and shall:

1. Have a solid floor which may have a false bottom above it.

2. Be so constructed as prescribed in the rules for the Federal Animal Welfare Act (9 CFR 3.13-3.19; 2006) as to provide maximum safety for the particular animal or animals being transported.

3. Have openings on 2 sides and the top to assure adequate ventilation.

b) In all cases, the crates shall be large enough to provide space for the animals to lie down in an extended position and to allow ease of movement when standing or turning around as prescribed in the rules for the Federal Animal Welfare Act (9 CFR 3.13-3.19; 2006). When the temperature is over 85° F., increased space shall be provided within reason.

c) The crates shall be cleaned before use for each trip.

d) Food and water containers shall be cleaned and sanitized before each trip.

e) If bedding is used it shall be clean, dry, and relatively dust-free.

f) Animals in transit for 4 or more hours shall be offered food 2 hours before loading and fresh water about 30 minutes before loading.

g) The person or persons responsible for the welfare of the animal or animals while in transit shall:

1. Offer the animals food at least once each 24 hours, except that newly weaned young shall be offered suitable food at 4-hour intervals.

2. Offer all animals water at 8-hour intervals at least, except that water shall be offered at 2-hour intervals when the temperature reaches 90° F.

3. Clean the crate or crates at least every 24 hours and, if bedding is used, shall provide clean bedding.

4. Inspect each animal at 4-hour intervals, or oftener.

h) No female obviously near parturition shall be transported.

i) Trucks transporting animals shall provide protection from the sun in hot weather, and protection from cold weather. Adequate ventilation shall be provided in hot weather, and the trucks shall be draft-free in cold weather. Provisions shall be made for warming an area carrying weaned young if the temperature falls below 50° F., and for unweaned young if the temperature falls below 65° F.

History

• Source: Amended at 31 Ill. Reg. 6904, effective May 1, 2007

8 Ill. Adm. Code 25.60 Health of Animals at Time of Release

The following shall deem an animal unfit for sale or release:

a) Obvious signs of infectious disease; or

b) Obvious signs of nutritional deficiency; or

c) Obvious signs of severe parasitism – extreme enough to be influencing general health of animal; or

d) Obvious fractures or congenital abnormalities affecting general health of animal; or

e) Obvious sign of disease extreme enough to be influencing the general health of the animal; or

f) Failure to comply with 42 CFR 71.51(c) (2006), rabies vaccination requirements for dogs.

History

• Source: Amended at 31 Ill. Reg. 6904, effective May 1, 2007

8 Ill. Adm. Code 25.70 Department May Restrict the Sale of Animals

The Department may restrict the sale of any animal suspected of being diseased or otherwise unfit for sale as prescribed in 8 Ill. Adm. Code 25.60.

History

• Source: Amended at 7 Ill. Reg. 1724, effective January 28, 1983

8 Ill. Adm. Code 25.80 Quarantine

a) The Director of the Illinois Department of Agriculture may order a quarantine as prescribed in the Illinois Diseased Animals Act [510 ILCS 50] and 8 Ill. Adm. Code 85 placed on the entire premises of the licensee, on a specific species of animals, or on a specific group of animals for any one of the following:

1. Excessive parasitism.

2. General malnutrition.

3. Contagious disease.

b) This quarantine may be placed after consultation with licensee or his duly authorized representative concerning the nature, frequency, and extent of the disease or diseases involved.

c) Conditions not specified above may be cause for quarantine at the discretion of the Director of the Illinois Department of Agriculture.

History

• Source: Amended at 28 Ill. Reg. 13376, effective October 1, 2004

8 Ill. Adm. Code 25.90 Records

a) Records of sales of all animals, excluding fish, shall be maintained by the licensee for a minimum period of 12 months after date of sale or transfer of animal, and shall include the source of animal, date of sale, description and sex of animal sold, and the name and address of purchaser. Records of sales of small mammals (i.e., hamsters, mice, gerbils or rats that were born in the United States), birds and fish are not required. These records must be available for inspection during normal business hours by Department employees or persons designated by the Department. Each licensee must report to the Department the number of dogs, puppies, cats, kittens and exotic or non-domesticated animals sold for the previous calendar year at the time of license renewal. Shelters and animal control facilities must report to the Department the total number of dogs, cats and other animals received, adopted, euthanized or reclaimed by the owner for the previous calendar year at the time of license renewal.

b) If record of prophylactic medication is used in advertisement or is furnished the purchaser or person acquiring an animal, specific information regarding type, amount, and date of prophylactic medication shall be kept by the licensee and shall become a part of the retail sales record.

c) The licensee or his representative shall furnish the purchaser of a dog, cat or non-human primate a written statement at the time of sale.

1. The statement shall show:

A) Date of sale and date of birth, if known.

B) Name, address, and telephone number of licensee.

C) Name, address, and telephone number of purchaser.

D) Breed and description of dog, cat or non-human primate, including age, sex and weight of the animal.

E) Prophylactic immunizations and dates administered.

F) Internal parasite medications and dates administered.

G) A record of sterilization or lack of sterilization.

H) Guarantee, if offered; if none, so state.

I) If the dog or cat is being sold as being capable of registration, the name and registration numbers of the sire and dam and registry information.

J) Records shall also include any other significant identification, if known, for each animal, including any official tag number, tattoo or microchip.

2. This information may be recorded on Department Form PS-5 (Animal Welfare Release Statement), or on a similar form prepared by the licensee and approved in advance by the Department.

d) The licensee shall have any dog used as a sire tested annually for canine brucellosis. The test must be performed by a licensed veterinarian and the licensee must keep a copy of the test results for two years.

History

• Source: Amended at 31 Ill. Reg. 6904, effective May 1, 2007

8 Ill. Adm. Code 25.100 Consent Statement and Inspection

The licensee will be required to sign a consent statement on the license application, which will permit authorized Department personnel entrance onto the premises for inspection during reasonable business hours or at other times deemed necessary by the Department to properly enforce the Act.

History

• Source: Amended at 7 Ill. Reg. 1724, effective January 28, 1983

8 Ill. Adm. Code 25.110 Animals Prohibited from Sale

a) Licensees shall not offer skunks for sale as pets.

b) Licensees shall not offer for sale those animals the ownership of which would constitute a violation of Section 1 of the Illinois Dangerous Animals Act [720 ILCS 585/1]. These include the following animals and any hybrids thereof: lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarundi, civet, serval, hyena, bear, wolf or coyote, or any poisonous or life-threatening reptile. A life-threatening reptile is any member of the crocodilian family or any constricting snake six feet or over in length, such as boa, python, and anaconda. This does not include any canine or feline breeds registered by the American Kennel Club, the United Kennel Club, the Cat Fancier’s Association or the International Cat Association.

c) Licensees shall not possess or offer for sale turtle or viable turtle eggs which would constitute a violation of Section 264 of the Public Health Service Act (42 USCA 264), the rules for that Act (21 CFR 1240.62; 2005) and Section 3372 of the Lacey Act (16 USCA 3372).

History

• Source: Amended at 30 Ill. Reg. 13124, effective July 24, 2006

8 Ill. Adm. Code 25.115 Guard and Sentry Dogs

Guard and sentry dog services shall comply with all provisions of the Illinois Humane Care for Animals Act [510 ILCS 70] and the Illinois Animal Control Act [510 ILCS 5] relating to the care the animals receive when stationed at a point away from the licensed facility as well as at the facility. In addition to the general content of 510 ILCS 70 and 510 ILCS 5, the dog services shall comply specifically with the following:

a) Any animal utilized for guard or sentry dog purposes shall be immunized against distemper, hepatitis, leptospirosis, and parvovirus, and a current and valid certificate of these immunizations shall be retained on file at the facility. This is in addition to the mandatory rabies immunization as required pursuant to the Illinois Animal Control Act.

b) Any animal utilized or maintained as a guard or sentry dog shall be in a physically healthy condition by gross observation and free from any apparent disease or internal or external parasitic condition. Any animal that the Department has reasonable cause to believe is injured, sick, diseased, unwell, or malnourished or constitutes a danger to the public health and safety may be ordered to be removed from the premises and restricted from use until the animal is examined by a licensed veterinarian and provided the recommended treatment, if deemed to be necessary. A statement will be retained on file and be available for review by Department representatives. Any animal shall be restricted from use until a statement attesting to its satisfactory condition is received from the licensed veterinarian and such statement relayed to the Department. Every dog currently used as a guard dog or sentry dog shall be examined and certified for health within 90 days after the effective date of these regulations. Any new animal purchased or obtained before being stationed at any point shall be examined by a veterinarian and receive the necessary immunizations at least 72 hours before use as a guard or sentry animal.

c) All animals utilized for guard or sentry dog service shall have the proper current licenses and tags affixed to its collar, harness or other device and have a fluorescent medallion affixed to signify the animal as having such a designation and purpose.

d) No person shall keep, use, or maintain a guard dog or sentry dog on any premises unless a warning sign is posted in plain view at each gate or entrance to the premises. The signs shall include the message "WARNING: GUARD DOG ON PREMISES" in bold print and shall have the name of the guard dog service or other responsible person and a 24-hour emergency telephone number printed below the warning.

e) No person shall keep, use, or maintain a guard dog or sentry dog on any premises unless the dog is provided full access to an enclosed building, dog house, or similar shelter. If more than one animal is utilized for a guard or sentry dog at one location, each must be furnished adequate shelter. The shelter must:

1. Be constructed in a manner to assure protection of the dog from the elements.

2. Have a floor off the ground and be cleaned and maintained in a manner to assure the best possible sanitary condition.

3. Be of adequate size to accommodate the number and size of dogs required to utilize the prescribed housing. A shelter will be presumed to be of adequate size if the dog has freedom to sit, stand, and lie in comfort.

4. If the structure is not radiantly heated, it shall have a sufficient quantity of suitable bedding material such as hay, straw, cedar shavings, or the equivalent to provide insulation and protection against cold and dampness for comfort.

5. The shelter shall be placed in such location or protected to prevent wind and the other elements from injuring the contained animal's health.

f) No person shall keep, use or maintain a guard dog or sentry dog on any premises unless the dog has access to water at all times with ice not being considered as water, and:

1. if the water is kept in a container or pail, the water is kept in an area to prevent contamination and spillage and replaced with fresh water at least once each calendar day; or

2. if the water is provided by an automatic or demand device, the water supply to the device is on 24 hours each day.

g) No person shall keep, use, or maintain a guard dog or sentry dog on any premises unless the dog is provided sufficient quantities of dog food to maintain proper body weight and good general health. The food shall be kept in a suitable container within viewable range without the need to enter the premises but kept in an area to prevent tampering, contamination or spillage. Fresh food shall be placed in a clean container at least once each calendar day. Spoiled or contaminated food shall be disposed of in a proper manner.

h) Each guard dog service shall notify by mail the fire station and police station closest to the premises where the dog will be on duty, not more than 15 days before a dog is sent on an assignment, if the guard dog service knows it will be providing services at that time. If a guard dog service first becomes aware that a dog will be sent on an assignment less than 15 days before the guard dog service will be providing services, the guard dog service shall notify in person the fire station and police station closest to the premises where the dog will be on duty within 24 hours after becoming aware of the assignment. The local law enforcement agency and fire department shall maintain a file on these assignments, and each file shall contain a manned 24-hour emergency telephone number in the event the premises must be entered for police or fire reasons. If a pager number or answering device is used, a response shall be received within 30 minutes to comply with the manned telephone requirement. The local law enforcement agency and fire department shall make these files available to Department investigators and approved humane investigators on request.

i) Each guard dog or sentry dog shall, whenever the dog is kept on actual duty, be visited by a dog handler at least once daily to insure that the dog's physical condition, its surroundings, and its food and water supply are adequate as specified in this Section and if inadequate the dog handler shall do whatever may be necessary to correct or remedy the situation. The dog handler shall be either the owner of, or be employed by or under contract to, the guard dog or sentry dog service that placed the dog on assignment.

j) Whenever a dog subject to this Section is being transported anywhere, it shall be well secured in a humane manner as will reasonably prevent its possible escape. When animals are transported in crates or containers, the crates or containers must be constructed of nonabrasive wire or a smooth, durable material suitable for the animals. Crates and containers must be clean, adequately ventilated, contain sufficient space to allow the animals to turn around and provide maximum safety and protection to the animals. No guard dog or sentry dog shall be transported in the trunk of a car or on open bed trucks.

History

• Source: Added at 20 Ill. Reg. 265, effective January 1, 1996

8 Ill. Adm. Code 25.120 Boarding and Training

Persons licensed as kennel operators shall comply with the following rules, in addition to 8 Ill. Adm. Code 25.10 through 25.110:

a) Records shall be maintained for a period of 12 months after the boarding or training is completed. The record shall state the owner's name, address, and telephone number; expected duration of the stay; service to be provided; and owner's agent for emergency contacts.

b) No dog or cat shall be accepted for boarding or training unless it has been vaccinated for distemper and proof of such vaccination has been furnished to the kennel operator. (Exemption to distemper vaccination requirement is available upon written recommendation from owner's veterinarian.) Any dog accepted must be in compliance with the rabies vaccination requirements of the Illinois Animal Control Act [510 ILCS 5].

c) Any animal that appears to be ill shall be promptly examined by a veterinarian of the owner's choice, if known, or by the veterinarian employed by the licensee, and a record kept of the examination and treatment.

d) In the event an animal dies while being boarded or while in training, the body shall be handled in one of the following ways:

1. The body preserved by refrigeration or freezing until examined or returned to the owner. The body is to be held for at least one week after the time the owners are scheduled to return, after which time the body may be disposed of in compliance with the Illinois Dead Animal Disposal Act [225 ILCS 610] or the Companion Animal Cremation Act [815 ILCS 318]; or

2. Bodies are to be submitted to a licensed veterinarian and a necropsy performed at the kennel operator's expense, unless prior agreement for payment of such services by the owner is made. A copy of the necropsy report is to be given to the owner.

e) Animals shall not be group-housed unless the owners of the animals provide prior consent and a record of that consent is maintained by the licensee for 12 months.

f) If the owners of animals do not appear or contact the kennel operator within 30 days after their stated return time, the kennel operator has the right to dispose of the animal.

History

• Source: Amended at 43 Ill. Reg. 4505, effective March 26, 2019

8 Ill. Adm. Code 25.130 Animal Control Facilities and Animal Shelters

Persons licensed to operate animal control facilities and animal shelters shall comply with the Illinois Humane Euthanasia in Animal Shelters Act [510 ILCS 72], the Humane Care for Animals Act [510 ILCS 70], and the following rules, in addition to the other rules already prescribed.

a) Licensee shall make a record of each animal received, including the date it was received, the source, and the eventual disposition.

b) Euthanasia shall be done in compliance with the Humane Euthanasia in Animal Shelters Act [510 ILCS 72]. If the species is not covered by the Act, the most recent American Veterinary Medical Association Panel on Euthanasia guidelines shall be used. Under no circumstances can unacceptable agents or methods of euthanasia be used.

c) Licensee shall accept any animal for which the person wishing to dispose of the animal is willing to sign an affidavit of ownership giving his name, address, telephone number, reasons for wishing to dispose of the animal, and description of the animal, including distinguishing marks and pertinent medical information, if any, provided the licensee is equipped to accept that type of animal and has available space for the animal.

d) Any animal presented to an animal control facility or shelter in an injured, diseased, or ill condition shall be examined by and, if feasible, treated by a licensed veterinarian as soon as possible. If the veterinarian deems that, for humane reasons, the animal should be euthanized, his recommendations for euthanasia shall be followed.

e) Licensee operating an animal control facility for a municipality or other political subdivision shall, in a conspicuous place at the establishment, post the hours the facility will be open with an attendant on duty to release estrayed pets back to their owner. Any expense incurred during the period of impoundment shall be paid by the owner prior to release of the impounded animal.

History

• Source: Amended at 31 Ill. Reg. 6904, effective May 1, 2007

8 Ill. Adm. Code 25.140 Foster Homes

The licensed animal shelter shall be responsible for submission of the application and payment of the required fee prior to utilizing a designee as a foster home. The following requirements shall be complied with and will be the shelter's obligation:

a) No more than four animals (dogs or cats) shall be maintained at a foster home location at any one time.

b) The animals held at the foster home shall be afforded a clean environment and the home shall comply with all provisions of the Illinois Humane Care for Animals Act [510 ILCS 70].

c) The animals held for adoption shall be segregated from any personally owned pets.

d) Records for the animals shall be available for review by Department personnel upon request and shall be retained at the animal shelter for two years.

e) The foster home shall be accessible for general observation by Department personnel for compliance with sanitation and the quality of care being afforded the animals.

f) Any dog over four months of age shall be vaccinated for rabies and the certificate of vaccination will be transferred to the person adopting the dog.

g) No animals shall be released to an adoptive owner until provisions have been completed for spaying of females or neutering of males.

History

• Source: Added at 20 Ill. Reg. 265, effective January 1, 1996

8 Ill. Adm. Code 25.145 Kennel Operators

a) All kennel operators shall comply with this Part, as applicable, and this Section.

b) A kennel operator that maintains cats or dogs for boarding must meet one of the following:

1. Be staffed at all times cats or dogs are on the premises. A staffing plan shall be maintained on file with the Department;

2. Have an operational fire sprinkler system in every building where cats or dogs are located. The fire sprinkler system must communicate notifications directly to local emergency responders; or

3. Have an operational fire alarm system in every building where cats and dogs are located. For the purposes of this Section, a fire alarm system includes any of the following:

A) A hard-wired fire alarm system that communicates notifications directly to local emergency responders;

B) A wireless fire alarm system that communicates notifications directly to local emergency responders;

C) A fire alarm system that is monitored by a third-party security service, with an active service contract, when the security service will communicate notifications directly to local emergency responders.

c) A qualified fire inspector may inspect a kennel operator that maintains dogs and cats for boarding during the course of performing routine inspections. If, during a routine inspection, a qualified fire inspector determines that the kennel operator does not have a fire alarm system or fire sprinkler system, the inspector may inform the Department. [225 ILCS 605/18.2(c)]

d) A kennel operator shall certify in its license application, and annually certify in its license renewal application, one of the following:

1. The kennel is staffed at all times cats or dogs are on the premises. The kennel operator shall provide the Department with a staffing plan;

2. The kennel has an operational fire sprinkler system in every building where cats and dogs are located. The kennel operator shall provide:

A) a picture and description of the make and model of the system; and

B) if the system has been inspected by a qualified fire inspector, a copy of the inspection report; or

3. The kennel has an operational fire alarm system in every building where cats and dogs are located. The kennel operator shall provide:

A) a picture and description of the make and model of the system; and

B) if the system:

i) has been inspected by a qualified fire inspector, a copy of the inspection report; and/or

ii) is monitored by a third-party security service, a copy of the service contract evidencing that there is third-party monitoring of the system, or a statement evidencing that there is third-party monitoring and the service contract is effective and operational.

History

• Source: Added at 44 Ill. Reg. 10087, effective May 28, 2020

8 Ill. Adm. Code 25.150 Illinois Diseased Animals Act

All persons licensed under this Part must also comply with the provisions of the Illinois Diseased Animals Act [510 ILCS 50] and 8 Ill. Adm. Code 85.

History

• Source: Added at 28 Ill. Reg. 13376, effective October 1, 2004

Part 30 Animal Control Act

8 Ill. Adm. Code 30.10 Definitions

For the purpose of this Act and these rules, the following definitions shall apply:

"Confined under the observation of a licensed veterinarian" means confined to an escape-proof building or other enclosure away from other animals and the public, and observed daily by the Administrator or another licensed veterinarian.

"Escape-proof building or other enclosure" means a building or other enclosure of such strength and structure to keep the confined animal away from other animals and the public.

"Humanely dispatched" means the painless administration of a lethal dose of an agent which shall cause the painless death of an animal as prescribed in the Journal of the American Veterinary Medical Association, January 15, 1993. Said method shall not destroy brain tissue necessary for laboratory examination for rabies. Animals shall be handled prior to administration of the agent in such a manner as to avoid undue apprehension by the animal.

"Official health certificate" means a legible record, made on an official form of the state of origin, or the Animal and Plant Health Inspection Service of the U.S. Department of Agriculture, and issued by a licensed veterinarian of the state of origin, a veterinarian in the employ of the Animal and Plant Health Inspection Service, or a veterinarian in the employ of the United States Armed Services, which shows that the dog(s) listed thereon meet the health requirements of the State of Illinois. The official health certificate shall contain the name and address of the consignor; the name and address of the consignee; an accurate description or identification including age, sex and breed of the dog(s) involved; and shall also indicate the health status of the dog(s), including the date(s) of vaccination(s), type of vaccine, name of manufacturer, serial number, and amount of vaccine administered.

"Officially vaccinated" means the inoculation of a dog with a vaccine as set forth in 8 Ill. Adm. Code 30.90 of these rules; administered by a licensed veterinarian by the route and in the amount recommended by the producer of the vaccine and for which a county rabies vaccination tag has been issued and properly recorded on a certificate as prescribed by the Board.

"Program" means the Animal Control Program as organized for the purpose of carrying out the provisions of this Act and the rules pursuant thereto.

"Recognized laboratory" means a laboratory operated by the State Department of Agriculture, the State Department of Public Health, any land grant university, or other laboratories approved by the Department of Public Health.

"Stray" means an animal which shall be considered a stray according to the ordinances that exist in the county in which the animal is found.

"Straying" means a dog or other animal not on the premises of the owner or not confined or under control by leash or other recognized control methods as set forth in 8 Ill. Adm. Code 30.140 (b)(1), (2) and (3).

"Wild animal" means a wolf, coyote, or the offspring of a mating between a wolf or coyote and a dog.

History

• Source: Amended at 20 Ill. Reg. 1505, effective January 12, 1996

8 Ill. Adm. Code 30.20 Interstate Shipment of Dogs; Health Certificate Required

a) Dogs of any age brought into Illinois shall be accompanied by an official health certificate issued within 30 days of entry, showing the age, sex, breed, and description of each dog; that the dogs in shipment are free from visible evidence of communicable diseases as set forth in Sections 9 and 10 of the Illinois Diseased Animals Act [510 ILCS 50/9 and 10]; that they originated in an area not under quarantine because of rabies or if originating in an area under quarantine because of rabies, have obtained prior permission from the Department that will be granted by telephoning 217/782-4944 and indicating that the dogs have not been in physical contact with rabid animals; and that all dogs over 16 weeks of age have been vaccinated against rabies as set forth in 8 Ill. Adm. Code 30.90. A copy of the health certificate bearing the approval of the Animal Health Official of the state of origin shall be filed with the Department.

b) This Part shall not apply to dogs consigned to hospitals, pharmaceutical companies, or licensed research institutions for research or teaching, nor to performing dogs or dogs brought in for a limited period of time for exhibition or breeding purposes and kept under direct control while in Illinois; provided, such performing dogs, dogs for exhibition, or dogs for breeding purposes have been vaccinated against rabies prior to entry into Illinois.

History

• Source: Amended at 20 Ill. Reg. 1505, effective January 12, 1996

8 Ill. Adm. Code 30.30 Causes for Removal of Administrator or Wardens from Office

Upon initial appointment, the Administrator shall be informed by the Board as to the causes which would constitute a basis for removing the Administrator, Deputy Administrator, and Animal Control Wardens from office under Section 3 of the Act.

8 Ill. Adm. Code 30.40 District Boards

a) When Districts are established under this Act, the District Board shall meet in February, May, August, and November of each year. At each November session, the District Board shall elect one of their number chairman for the ensuing year. He shall preside at their sessions and perform such duties as are, or may be, prescribed by law or by the order of said District Board. An acting chairman shall be elected at the initial organizational meeting of the District Board, and shall serve until the regular election at the next November meeting.

b) One member of the District Board shall be elected Secretary-Treasurer and shall keep minutes of each meeting, records of all finances, and assume other duties as assigned by the District Board. The Secretary-Treasurer shall make all records available to each County Board involved, and to the Department upon request.

c) Compensation for members of the District Board shall be borne by each member's respective County Board.

d) When a District is formed, the words "County Board" or "Board" as used in this Act and this Part shall be interpreted to mean "District Board" when applicable.

History

• Source: Amended at 18 Ill. Reg. 14891, effective September 26, 1994

8 Ill. Adm. Code 30.50 Training of Animal Control Wardens

a) It shall be the duty of each county to see that Animal Control Wardens are properly trained in apprehension, handling, and care of animals.

b) The words "Supervising" and "Supervisor" may be used to designate Deputy Administrators or Animal Control Wardens whose responsibility require them to supervise other Deputy Administrators or Animal Control Wardens.

8 Ill. Adm. Code 30.60 Rabies Vaccination Tags; County Accountable for Rabies Tags

a) Rabies vaccination tags for dogs shall be furnished by the county. The Administrator or other county official designated by the Board shall record the name and address of each person to whom rabies vaccination tags are issued and the serial numbers of the tags issued. The person receiving the tags shall be held accountable for each tag, and shall return all unused tags upon their expiration. If such person fails to account for each tag, or refuses to return unused tags, a county may withhold issuance of additional tags to that person. A person issuing a tag to an owner shall issue a tag from the county in which the dog owner resides.

b) The rabies vaccination tag shall be attached to a collar or harness and worn at all times by the dog for which the certificate and tag have been issued, except when such dog is confined.

8 Ill. Adm. Code 30.70 Rabies Vaccination Tag and Certificate Honored by All Counties; Interstate Shipment of Dogs Recognized as Officially Vaccinated

a) A rabies vaccination tag and certificate shall be honored until expiration in and by all counties throughout the State of Illinois when ownership of a dog is transferred, while the dog is in transit, or if the owner has established residence in another county.

b) Dogs inoculated against rabies prior to entry into Illinois shall be recognized as officially vaccinated if the Administrator is presented evidence that such inoculation was administered by a licensed veterinarian with a vaccine licensed in 8 Ill. Adm. Code 30.90. Such evidence shall include the date(s) of vaccination(s), type of vaccine, name of manufacturer, serial number, and amount of vaccine administered.

History

• Source: Amended at 7 Ill. Reg. 1712, effective January 28, 1983

8 Ill. Adm. Code 30.80 Approval of Rabies Vaccination Tags and Color

Illinois rabies vaccination tags are to be of the color and shape prescribed annually by the Department and shall bear the following inscription: Rabies Vaccination; Serial No. ____; Illinois Department of Agriculture; name of county and year.

History

• Source: Amended at 7 Ill. Reg. 1712, effective January 28, 1983

8 Ill. Adm. Code 30.90 Recognized Immunity Period of Animal Rabies Vaccines

a) The Department will accept the recognized immunity period of animal rabies vaccines licensed by Biologics Licensing and Standards Staff of Veterinary Services, Animal and Plant Health Inspection Service, United States Department of Agriculture. To aid county officials in enforcing the Animal Control Act, the Department will periodically issue to the Administrator of each county a list of the licensed animal rabies vaccines recognized for use in Illinois, and the recognized immunity period of those vaccines. At such time as new animal rabies vaccines are recognized, or revisions made in recommendations, the Department shall so notify the Administrator.

b) Animal rabies vaccines shall be administered to dogs or other animals by the route and in the amount recommended by the producer of the vaccine.

c) Dogs required to be vaccinated against rabies as specified in Section 8 of the Animal Control Act shall be revaccinated within the time period specified for the particular vaccine administered, EXCEPT that dogs initially vaccinated when less than 1 year of age shall be revaccinated 1 year after the initial vaccination. Thus, when an animal rabies vaccine recognized as conveying a 3-year immunity is administered to a dog which is at least 1 year of age at the time of vaccination, that vaccination shall be recognized for a period of 3 years. If, however, a dog is under 1 year of age at time of initial vaccination with a vaccine recognized as conveying a 3-year immunity, that vaccination will only be recognized for a period of 1 year.

d) The certificate of vaccination issued shall specify the recognized duration of immunity in accordance with the provisions of subsection (c) above.

e) When the vaccine manufacturer recommends that 2 doses of an animal rabies vaccine be administered at specific time intervals for initial immunization, a dog receiving such vaccine cannot be considered as officially vaccinated against rabies until it has received both injections AND the rabies vaccination certificate shall not be issued until the dog has received the second injection of the vaccine.

f) There is no recognized vaccine approved for use on wild animals; therefore, wild animals shall not be vaccinated against rabies. Any wild animal so vaccinated shall not be recognized as an official vaccinate and such animal shall be subject to the provisions of the Illinois Dangerous Animals Act [720 ILCS 585].

History

• Source: Amended at 18 Ill. Reg. 14891, effective September 26, 1994

8 Ill. Adm. Code 30.100 Unvaccinated Impounded Dog

Pursuant to "b" under Section 10 of the Act, an owner redeeming an unvaccinated impounded dog 4 months or more of age, or any person adopting such a dog as provided under Section 11 of the Act, shall cause such dog to be officially vaccinated against rabies within 5 days after the dog is removed from the pound. The manager or operator of the impoundment facility shall furnish such person with written notice setting forth these requirements as well as the penalty for failure to comply as set forth under Section 26 of the Act.

History

• Source: Amended at 7 Ill. Reg. 1712, effective January 28, 1983

8 Ill. Adm. Code 30.110 Confinement Period for Animal Which Has Bitten a Person

a) The Act provides that, when approved by the Administrator or his authorized representative, the confinement period for an animal which has bitten a person may be reduced to less than 10 days following a bite when:

1. It is deemed advisable for humane reasons, i.e., injury or disease conditions, or

2. The animal inflicting the bite had been maintained in a controlled environment in a research institution for a period of at least 6 months, or for the life of the animal, or

3. A physician indicates in writing that post-exposure antirabies treatments may endanger the life of the person bitten, or

4. Written permission is obtained from the owner of the biting animal, or

5. The animal is deemed to be a stray by the Administrator.

b) When such animal is confined for a period of less than 10 days, it shall be euthanized at the end of the confinement period and the brain submitted direct to a recognized laboratory for rabies examination. It shall be the responsibility of the person requesting the reduced confinement period to assure that the brain is transported, without delay, to a recognized laboratory so it will arrive in a satisfactory condition for rabies examination.

History

• Source: Amended at 7 Ill. Reg. 1712, effective January 28, 1983

8 Ill. Adm. Code 30.120 Biting Animal Considered Officially Vaccinated; Brains of Dogs Suspected of Having Rabies and Which Have Died Shall Be Submitted for Examination

a) A biting animal shall, for confinement purposes as set forth in Section 13 of the Act, be considered officially vaccinated against rabies if:

1. the initial rabies vaccination was completed at least 30 days prior to the biting incident, or

2. the biting animal shall have been previously immunized against rabies and the biting incident occurred within the recognized immunization period for the vaccine used.

b) The brains of all dogs or other animals which are suspected of having rabies or the brains from animals which have bitten a person or other animal and die during the period of observation shall be promptly and properly submitted to a recognized laboratory for rabies examination. It shall be the responsibility of the person who has the biting animal confined under his observation to see that the brain is properly submitted to the laboratory without delay. There is no observation period for wild animals so their brains shall be submitted immediately for rabies examination.

History

• Source: Amended at 7 Ill. Reg. 1712, effective January 28, 1983

8 Ill. Adm. Code 30.130 Rabid Animals; Procedures for Revaccination, Confinement or Destruction

When circumstances indicate animals were bitten by a rabid animal, the following procedures shall apply:

a) Immediate humane destruction is preferred. (If meat animal, slaughter is permitted within 72 hours after exposure or after 6 months from date of exposure.)

b) If the bitten dog, cat or ferret had been officially vaccinated more than 30 days prior to exposure, and within the recognized period of immunity, it shall be revaccinated and confined for 45 days.

c) If the bitten dog, cat or ferret had not been officially vaccinated more than 30 days prior to exposure, it shall be vaccinated immediately and be placed under strict confinement for a 6-month period. If the exposed dog, cat or ferret is apparently normal at the end of 5 months of the confinement period, it shall be revaccinated against rabies at that time and then remain in confinement for another 30 days.

History

• Source: Amended at 41 Ill. Reg. 5804, effective June 1, 2017

8 Ill. Adm. Code 30.140 Dangerous Dog; Control Methods

Under Section 15 of this Act:

a) A dangerous dog shall mean a dog as defined in Section 15(a)(2) of the Animal Control Act [510 ILCS 5/15(a)(2)].

b) The following shall be accepted as recognized control methods for dangerous dogs:

1. Placing an animal within an enclosed automobile, truck, or other vehicle not being used as a public conveyance of humans, or

2. Shipping an animal on a public conveyance that is properly confined in a shipping container conspicuously labeled "DANGEROUS ANIMAL" and constructed of materials in such a manner to prevent the animal from biting other animals or the public, or

3. Properly muzzling an animal and placing it on a leash of sufficient strength to keep such animal under control, and held by a competent person capable of controlling such animal, or

4. Confining the animal on the premises of the owner in such a manner as to prevent its coming in contact with other animals or the public.

c) The owner of any dog exempt under Section 15 shall provide the Administrator with the breed, description, name and location where such dog can be expected to be located at all times when not on leash or under direct control of its owner.

d) A dog exempt under Section 15 of this Act when not under direct control by leash or other recognized control methods shall be confined in such a manner as to prevent it from attacking or injuring any person who is peacefully conducting himself where he lawfully may be.

History

• Source: Amended at 18 Ill. Reg. 14891, effective September 26, 1994

8 Ill. Adm. Code 30.150 Claim for Loss of Animals or Poultry Killed or Injured by Dogs

a) An owner making claim for loss of animals or poultry killed or injured by dogs shall report such loss to the Administrator within 24 hours after such loss occurs, shall have not less than 2 witnesses who are freeholders of the county substantiate such loss within 48 hours after the loss occurs, and shall appear before a member of the County Board within 7 days after such loss to make affidavit.

b) The Administrator or the person designated by him shall make an investigation, shall observe the animals in question, and shall visit the site where the animals were killed or injured. If the investigator is not a veterinarian and cannot confirm such claim to be valid, then the Administrator or a veterinarian designated by the Administrator shall examine the animals or poultry and make written report to be filed with the County Treasurer as to the cause of death. If such report does not substantiate loss caused by dogs, the claim shall be denied by the Board.

c) Applications used in making claims for damages for animals or poultry killed or injured by dogs shall be on such forms as prescribed by the Department. Such forms shall include the amount of claim, the amount paid for each claim, the number and kind of animals or poultry killed or injured by dogs, and whether such animals were grade, or crossbred, hybrid, inbred, and purebred animals registered with an appropriate breed association or organization. In the case of animals registered with an appropriate breed association or organization, the owner shall surrender such certificate of registry to the county. A copy of such certificate shall be maintained in the county records and the original certificate of registry shall be immediately forwarded to the appropriate breed association or organization for cancellation. Claim forms shall be available from the Administrator, County Treasurer, Board members, and other county officials designated by the Board.

d) All costs for the 2 witnesses to substantiate claims for loss of animals or poultry shall be paid by the owner of such animals or poultry. The Administrator or veterinarian requested by the Administrator to examine animals or poultry for which a claim has been made shall be paid from the Animal Control Fund if such loss is determined to be caused by dogs. If such veterinarian determines that the loss is due to some other cause, the cost of his services shall be borne by the claimant.

e) For the purpose of this rule, poultry means chickens, ducks, and geese, and shall not include domestic rabbits, guinea fowl, peafowl, pigeons, pheasants, quail, and waterfowl covered by Federal or State game codes. Also, for the purpose of this rule, animals other than goats, cattle, horses, mules, swine, sheep, and poultry as defined in this rule, even though kept in captivity, are not eligible for payment under Section 19 of the Animal Control Act.

History

• Source: Amended at 16 Ill. Reg. 11751, effective July 8, 1992

8 Ill. Adm. Code 30.160 County Animal Control Program; Requirements

The Board shall create an Animal Control Program which shall be submitted to the Department. In the event that a Board fails to submit a Program, or if the Department rejects the Program submitted, the Department shall cooperate with the Board in developing an acceptable Program. All Animal Control Programs must include the following minimal requirements:

a) Stray or Straying Dog Control – Said dog control shall include a method of collecting and impounding stray or straying dogs or other animals included in this Act, and adoption or other disposition of said animals.

b) Rabies and Impoundment – Rabies and impoundment shall include methods for providing the necessary facilities and personnel to implement the rules and provisions of this Act relating to rabies control.

c) Education On Animal Control and Rabies – Education on animal control and rabies shall include 3 distinct programs involving youth education, education of the general public, and education of public officials.

d) Proposed Budget – The proposed budget will include expected and proposed expenditures and receipts.

History

• Source: Amended at 7 Ill. Reg. 1712, effective January 28, 1983

8 Ill. Adm. Code 30.170 County and Municipality Sharing Registration Fees

The Department shall concur in any county or municipal ordinance relating to animal control provided there exists a written agreement between the county and a municipality that states the intent of each program and how the registration fees which are collected by the county will be divided. The agreement shall state the percentage of the fees and when payments will be made to the municipality. The division of registration fees shall not negate the responsibility of the county to effect an effective animal control program for the county.

History

• Source: Added at 12 Ill. Reg. 2216, effective January 19, 1988

Part 35 Humane Care for Animals Act

8 Ill. Adm. Code 35.5 Definitions

"Act" means the Humane Care for Animals Act [510 ILCS 70].

"Approved humane investigator" or "Department investigator" means:

a person employed by or approved by the Department to determine whether there has been a violation of the Humane Care for Animals Act; or

an animal control warden or animal control administrator appointed under the Animal Control Act [510 ILCS 5].

"Humane society" means any chartered, not for profit organization authorized to do business in this State and organized for the purpose of preventing cruelty to animals and promoting humane care and treatment of animals.

"Governmental agency" means any local, municipal, county and/or State law enforcement agency.

History

• Source: Amended at 41 Ill. Reg. 6334, effective June 1, 2017

8 Ill. Adm. Code 35.10 Approved Humane Investigator; Qualifications; Requirements; Suspension; Reports; Appointment Period

Persons, when submitting an application for appointment as an approved humane investigator, will furnish the following information: name, address, telephone number; name and address of the humane society or governmental agency with whom they are affiliated; and a brief resume of their experience and education, both practical and formal, relative to the humane care of animals.

a) Qualifications for appointment as an approved humane investigator shall include:

1. Membership in or employment by a humane society, as defined in Section 2.05 of the Act, or other individual so designated by official action of that particular humane society's board of directors, or any law enforcement officer who has been officially designated by the governmental agency responsible for his/her action or duty;

2. Responsibility to his/her organization, in compliance with all administrative rules issued by the Department;

3. Attendance in and completion of a Department-approved training program for humane investigators;

4. Demonstration of satisfactory knowledge of the Act and its applications by oral and/or written examination to be given at times to be designated by the Department as needed.

A) Knowledge of how to conduct and complete an investigation, including legally guided knowledge of how to file charges if required.

B) Applicant shall have a high school diploma or its equivalent and two years experience raising, caring for or breeding the particular species of animal being investigated.

b) The Department shall require additional consultation and training when the applicant does not have experience in caring for certain animals that could reasonably be encountered in the performance of his/her duties or has no experience in conducting investigations and the proceedings that accompany those investigations.

c) An approved humane investigator shall comply with the following:

1. Cooperation, whenever possible, with other approved humane investigators or law enforcement authorities, if requested, to aid in an investigation of complaints relative to the care and treatment of animals;

2. Except when so authorized by the Department, no approved humane investigator shall represent himself/herself, at any stage in conducting an investigation, as acting directly on behalf of or as an agent of the Department.

d) An approved humane investigator shall be suspended for any of the following reasons:

1. Material misstatement in the original application;

2. Wilful disregard or violation of the Act or this Part;

3. Pursuing a continued course of misrepresentation or false statements regarding investigations relative to humane care of animals after a warning letter is given;

4. Failure to perform his/her investigational duties and enforcement of the Act and this Part;

5. Loss of membership, in or employment by, a humane society as defined in subsection (a)(1) or on written request of the society's board of directors;

6. Failure to perform job duties, including failure to promptly submit documents in a case in which enforcement actions have been taken (i.e., Notice of Violation, impoundments or prosecution);

7. Conduct, while performing duties, that is unprofessional or contrary to customary investigative procedures; and

8. Failure to submit the required annual report.

e) Reinstatement following suspension as an approved humane investigator requires the suspended investigator to submit a new application and to successfully complete the requirements for becoming an approved humane investigator (see subsection (a)).

f) All approved humane investigators shall prepare and submit to the Department an annual report on forms furnished by the Department. It shall contain the species and number of animals involved, and total number of investigations performed that calendar year. The annual report shall be filed by April 1 for the preceding calendar year's activity.

g) The appointment as an approved humane investigator shall be for a two-year period beginning on January 1 and expiring on December 31 of the following year. The reappointment procedure shall be the same procedure used for the original appointment as set forth in this Section. Qualifications for reappointment as an approved humane investigator shall be as set forth in subsection (a).

History

• Source: Amended at 41 Ill. Reg. 6334, effective June 1, 2017

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 35 Humane Care for Animals Act

8 Ill. Adm. Code 35.20 Notice of Violation; Impoundment Procedure (repealed)

History

• Source: Repealed at 8 Ill. Reg. 5936, effective April 23, 1984

8 Ill. Adm. Code 35.30 Administrative Hearings

All decisions and actions of the Department are subject to the Illinois Administrative Procedure Act [5 ILCS 100] and the Department's Administrative Rules (8 Ill. Adm. Code 1) which pertain to administrative hearings, petitions, contested cases, declaratory rulings and availability of Department files for public access. Administrative hearings are governed by the Illinois Administrative Procedure Act and Subpart B of the Department's Administrative Rules, except that, in the case of impoundment, a petition for reconsideration or stay must be filed with the Director within 48 hours from the date the decision is rendered by the hearing officer. The final administrative decision (see 8 Ill. Adm. Code 1.75(k) and 1.340) shall be subject to Section 14 of the Humane Care for Animals Act.

History

• Source: Amended at 18 Ill. Reg. 14909, effective September 26, 1994

Part 40 Livestock Auction Markets

8 Ill. Adm. Code 40.5 Definitions

Definitions for the rules of this Part can be located in the general definitions Section (8 Ill. Adm. Code 20.1). The following definition shall also apply to the rules of this Part:

"Act" means the Livestock Auction Market Law [225 ILCS 640].

History

• Source: Amended at 20 Ill. Reg. 1546, effective January 12, 1996

8 Ill. Adm. Code 40.10 Fee to Accompany Application Not to Be Refunded

The application for license to operate a livestock auction market shall be accompanied by the license fee as prescribed in Section 4 of the Act. In no case will this fee be refunded.

History

• Source: Amended at 8 Ill. Reg. 5956, effective April 23, 1984

8 Ill. Adm. Code 40.20 Release of Livestock for Interstate Shipment

No livestock sold at a livestock auction market for interstate shipment shall be released until the shipment complies with the requirements of the state to which it is to be shipped.

8 Ill. Adm. Code 40.30 Veterinary Inspection

a) Livestock, when sold or released through a livestock auction market, shall be accompanied by proper health forms in compliance with the Acts and rules listed in Section 8d of the Act. These are furnished by the livestock auction market veterinarian.

b) The livestock auction market veterinarian shall remain at the livestock auction market until all livestock is sold and all of the requirements for their removal and disposition have been fully complied with. The livestock auction market veterinarian shall approve the condition of the livestock auction market prior to the sale of any livestock. The livestock auction market will be approved if it is in compliance with 8 Ill. Adm. Code 40.140.

History

• Source: Amended at 8 Ill. Reg. 5956, effective April 23, 1984

8 Ill. Adm. Code 40.40 Veterinary Office

The operator of the livestock auction market shall provide an office for the livestock auction market veterinarian, and shall keep the office painted and in a sanitary condition. It shall be lighted, heated, screened, ventilated, and shall be equipped with storage space for the veterinarian's biological products, with an operating electric refrigerator, sink, running water and sewer connections. The veterinarian's office or laboratory is to be used only by the veterinarian.

History

• Source: Amended at 8 Ill. Reg. 5956, effective April 23, 1984

8 Ill. Adm. Code 40.50 Detection of Diseased Animals

Diseased livestock, not detected prior to unloading, shall be placed in the quarantine pen. Such livestock may be sold through the auction ring at the completion of the regular sale for slaughter only. Each animal shall be identified with an Illinois slaughter tag, and the information recorded on Form C-24a, revised, which shall accompany each animal to slaughter. All livestock from the quarantine pen shall be delivered to a Federal or State inspected slaughtering establishment or to a public stockyard, and shall not be diverted en route, or to a licensed dead animal disposal unit or be quarantined back to the original owner, at the option of the owner.

History

• Source: Amended at 20 Ill. Reg. 16192, effective January 1, 1997

8 Ill. Adm. Code 40.60 Bovine Brucellosis

a) Cattle that, upon being tested for brucellosis at a livestock auction market, are classified as reactors to the official test shall be placed in the quarantine pen and sold for immediate slaughter or returned to the farm of origin under quarantine until the status of the animal is determined through additional testing.

b) The reactors, when sold for slaughter, shall be delivered to a public stockyard or recognized slaughtering establishment and be positively identified and branded, as provided by Section 5 of the Illinois Bovine Brucellosis Eradication Act [510 ILCS 30/5]. The purchaser of the reactors shall sign a VS Form 1-27, "Permit For Movement of Animals." Illinois brucellosis reactors disclosed at other than a livestock auction market may be consigned to a marketing center if accompanied by official VS Form 1-27, "Permit For Movement of Animals". A new VS Form 1-27 shall be prepared by the livestock auction market veterinarian and shall accompany the reactor to slaughter and shall not be diverted en route and shall go only to the destination listed on the VS Form 1-27. No change of ownership of any reactor or suspect animal after the animal has been bought shall be allowed without the approval of the Department.

c) When one or more brucellosis reactors are disclosed in a group of cattle, the negative cattle which have been in contact with the reactors for more than 24 hours shall be either returned to the farm of origin under quarantine OR shipped directly to a recognized slaughtering establishment or a public stockyard, accompanied by VS Form 1-27 to be sold for slaughter only and shall not be diverted en route and shall go only to the destination listed on the VS Form 1-27. No change of ownership of any reactor or suspect animal after the animal has been bought shall be allowed without the approval of the Department. Unless cattle are being returned to the farm of origin, they shall be identified by an ear tag provided by the Department and by branding with a hot iron the letter "S" on the left hip in letters not less than 2 nor more than 3 inches in height, before the cattle leave the livestock auction market.

History

• Source: Amended at 30 Ill. Reg. 16576, effective October 9, 2006

8 Ill. Adm. Code 40.70 Quarantine Pen

a) Each livestock auction market shall provide a quarantine pen which shall be labeled "Quarantine pen" or the entire top rail of which shall be painted red. Such pen shall be constructed with concrete floor and provided with drainage to prevent contamination of other pens.

b) All alleyways, pens, and chutes which might have become contaminated shall be thoroughly cleaned and disinfected immediately following removal of the animals from the quarantine pen.

History

• Source: Amended at 8 Ill. Reg. 5956, effective April 23, 1984

8 Ill. Adm. Code 40.80 The Sale of Livestock for Immediate Slaughter

a) The purchaser of all livestock for immediate slaughter shall sign an official certificate of "Quarantine and Certification of Slaughter or Shipment" (Form C-37) or purchaser's invoice. Livestock shall be:

1. slaughtered on the purchaser's premises, OR

2. be taken directly to a recognized slaughtering establishment, OR

3. be taken to a public stockyard for resale to a recognized slaughtering establishment.

b) All livestock shall be slaughtered within 10 days of the date of sale.

c) All livestock sold for slaughter must be kept separate and apart from animals being sold for breeding or feeder purposes.

d) Cattle consigned by the seller to the slaughter-only pen cannot be removed from that pen, tested or moved for any reason other than immediate slaughter.

History

• Source: Amended at 30 Ill. Reg. 16576, effective October 9, 2006

8 Ill. Adm. Code 40.90 Test Chute

The livestock auction market shall provide a chute to restrain all livestock that are to be tested.

History

• Source: Amended at 8 Ill. Reg. 5956, effective April 23, 1984

8 Ill. Adm. Code 40.100 Brucellosis Test

a) Cattle entering the livestock auction market from brucellosis class free states or areas may be sold without testing for brucellosis.

b) Cattle sold through the livestock auction market, other than those going direct to slaughter, and those that are not required to be tested for brucellosis, shall be identified with an approved, official eartag. Eartag identification of cattle, together with the name and address of consignor and purchaser, date of sale, breed and number purchased, shall be made a part of the records of the livestock auction market before the cattle leave the livestock auction market.

c) All cattle entering the livestock auction market from states or areas other than brucellosis class free states must be in compliance with the following:

1. Except as otherwise provided in 8 Ill. Adm. Code 40.110 and 40.120, no female cattle more than 6 months of age or bulls over 18 months of age shall be sold unless the cattle have been tested for brucellosis and were found negative within 60 days prior to sale. The test shall be recognized for one change of ownership or premises only within the 60-day period, except that the cattle may change ownership or premises one or more times in the 14-day period immediately following the negative test.

2. The livestock auction market veterinarian shall submit a copy of the Brucellosis Test Record, Market Cattle Testing Program, VS Form 4-54 and all blood samples to a Department-approved laboratory following each sale.

History

• Source: Amended at 36 Ill. Reg. 13585, effective September 1, 2012

8 Ill. Adm. Code 40.110 Sale of Official Brucellosis Calfhood Vaccinates

a) Brucellosis calfhood vaccinates shall be accompanied by:

1. Official vaccination certificate, OR

2. Form VS 4-26 properly completed for reestablishing vaccination status.

b) If such animal has lost its ear tag, but has official calfhood vaccination tattoo in the right ear, it shall be retagged in the right ear and the retag number recorded on the official vaccination certificate OR Form VS 4-26.

History

• Source: Amended at 18 Ill. Reg. 1869, effective January 24, 1994

8 Ill. Adm. Code 40.120 Feeder Cattle Subject to Quarantine

All female cattle of beef breeds over 6 and under 18 months of age from states that are not brucellosis class free under the Brucellosis Eradication Uniform Methods and Rules as approved by the United States Animal Health Association (P.O. Box K227, Suite 114, 1610 Forest Avenue, Richmond, Virginia 23228, October 1, 2003) and the United States Department of Agriculture and/or 9 CFR 78.1 (2011) sold or released from a livestock auction market for feeding or grazing purposes are subject to quarantine (8 Ill. Adm. Code 75.130) and shall be reported on Form M-107 Revised to the Department following each sale or at the end of each week.

History

• Source: Amended at 36 Ill. Reg. 13585, effective September 1, 2012

8 Ill. Adm. Code 40.130 Backtagging

All cattle over 2 years of age consigned to a livestock auction market shall comply with the Market Cattle Identification Program as follows:

a) Each animal shall be backtagged with an official Illinois market cattle backtag.

b) Cattle that are blood tested for brucellosis by the livestock auction market veterinarian shall have the backtag marked through with a crayon or paint.

c) Report of such backtagging on forms provided by the United States Department of Agriculture shall be submitted to the Department within 7 days of backtag application.

History

• Source: Amended at 23 Ill. Reg. 441, effective January 1, 1999

8 Ill. Adm. Code 40.140 Yarding and Housing

a) All stalls, pens, alleyways, and sale ring shall be thoroughly cleaned and disinfected following each sale.

b) Windows shall be provided for light and ventilation. Light shall be sufficient to illuminate all pens and stalls.

c) Roofs shall be kept tight at all times so as to prevent leakage and keep out moisture.

d) The floors of all pens, alleyways, and sale ring shall be of concrete or other material (i.e., asphalt, crushed rock) that is compact, easily cleaned, and drained in all kinds of weather, except that sale rings, alleyways, and pens used by swine shall have floors that are made of concrete and shall be provided with drainage for flushing.

e) Dairy and breeding cattle shall be kept separate from all other cattle and not allowed to intermingle.

f) All livestock auction markets shall possess a power pressure sprayer.

g) All livestock auction markets shall have an ample supply of water under pressure.

History

• Source: Amended at 8 Ill. Reg. 5956, effective April 23, 1984

8 Ill. Adm. Code 40.150 Display License (Repealed)

History

• Source: Repealed at 8 Ill. Reg. 5956, effective April 23, 1984

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 40 Livestock Auction Markets

8 Ill. Adm. Code 40.160 Sale Day

The regular sale day shall be recorded with the Department. All special sales or changes in the regular sale day shall be reported to the Department at least 5 days prior to the change or sale.

History

• Source: Amended at 36 Ill. Reg. 13585, effective September 1, 2012

8 Ill. Adm. Code 40.170 Swine

a) In no case shall swine remain on the livestock auction market premises for more than 10 days.

b) Out-of-state feeder swine shall enter Illinois accompanied by a health certificate and a permit (8 Ill. Adm. Code 105.10) and be eartagged to show state of origin, except that feeder swine consigned from the farm of origin directly to a federally approved market shall be tagged immediately upon arrival at the market. The swine shall move directly into Illinois from the state of origin. A report of sale shall be made to the Department within 48 hours after the time of sale (on Form Z-5), stating name and address of purchaser and number of animals purchased.

c) Eartag identification of swine, together with the name and address of consignor and purchaser, date of sale, breed and number purchased, shall be made a part of the records of the livestock auction market before swine leave the livestock auction market.

d) Swine entering the livestock auction market from brucellosis class free states or areas may be sold without testing for brucellosis. In accordance with Section 2 of the Illinois Swine Brucellosis Eradication Act [225 ILCS 95/2], all breeding swine 4 months of age and over shall be negative to an official test for brucellosis within 60 days prior to sale or originate from a validated brucellosis-free herd. The test shall be recognized for one change of ownership or premises only within the 60-day period.

History

• Source: Amended at 36 Ill. Reg. 13585, effective September 1, 2012

8 Ill. Adm. Code 40.180 Swine Which React to Test for Brucellosis

Any swine which, upon being tested for brucellosis at a livestock auction market, react to an official brucellosis test shall be placed in the quarantine pen and sold for slaughter only. The reactor shall be identified with a reactor identification tag. The animal, when sold, shall be accompanied by Form H-63 AND shall be delivered to State or Federal inspected slaughter establishment and shall go directly to the destination listed on Form H-63 and is not to be diverted en route. Such swine may not be sold for feeding or breeding purposes.

History

• Source: Amended at 20 Ill. Reg. 16192, effective January 1, 1997

8 Ill. Adm. Code 40.190 Sheep and Goats

a) Livestock auction market veterinarians are required to check each consignment of sheep and goats at time of presentation at the sale to determine that to the best of their knowledge and belief the sheep and goats are free from infectious and communicable diseases.

b) When diseased sheep or goats, except those exhibiting evidence of contagious foot rot, are found at a livestock auction market, the livestock auction market veterinarian shall immediately place the diseased sheep or goats under quarantine and order the owner to return such sheep or goats to his premises under quarantine. The livestock auction market veterinarian shall notify the Department of such quarantine. The quarantine will remain in effect until the Department receives notice of the death of the sheep or goats, OR receives a report from a licensed veterinarian that the animal or animals have recovered and are in a healthy condition.

c) When sheep exhibit evidence of contagious foot rot, such sheep shall be tagged with the "slaughter only" red ear tag and be accompanied directly to slaughter by Form C-24a, revised.

History

• Source: Amended at 26 Ill. Reg. 127, effective January 1, 2002

8 Ill. Adm. Code 40.200 Surety Bonds and Other Pledged Security

Procedures for the collection, cancellation, control and distribution of surety bonds and other pledged security shall be as established in 8 Ill. Adm. Code 3: Subparts A and B.

History

• Source: Amended at 8 Ill. Reg. 5956, effective April 23, 1984

8 Ill. Adm. Code 40.210 Cancellation of Escrow Agreements (Personal Bonds) (Repealed)

History

• Source: Repealed at 8 Ill. Reg. 5956, effective April 23, 1984

8 Ill. Adm. Code 40.220 Swine Movement Limitations (Repealed)

History

• Source: Repealed at 8 Ill. Reg. 5956, effective April 23, 1984

8 Ill. Adm. Code 40.230 Disposition of Rejected Feeding or Breeding Swine

a) Swine exhibiting evidence of disease shall be rejected for feeding or breeding purposes by the livestock auction market veterinarian and shall be sold for slaughter, except when returned to the owner's premises as requested by the owner. Such rejected swine shall be identified by an official eartag and then may be returned to the owner's premises under quarantine at the option of the owner. The quarantine shall be issued by the livestock auction market veterinarian on forms prescribed by the Department, with the official eartag numbers recorded and a copy forwarded to the Department.

b) All rejected swine to be sold for slaughter shall be identified with a red tag in the left ear and be accompanied by a Form C-24a, revised. The official ear tag numbers shall be recorded on the form and a copy of the form shall be forwarded by the livestock auction veterinarian to the Department.

History

• Source: Amended at 26 Ill. Reg. 14624, effective September 23, 2002

8 Ill. Adm. Code 40.240 Director To Be Named Trustee (Repealed)

History

• Source: Repealed at 8 Ill. Reg. 5956, effective April 23, 1984

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 40 Livestock Auction Markets

8 Ill. Adm. Code 40.250 Animals Designated for Slaughter Only

When an animal is presented at an auction market by the owner and is designated as being sold for slaughter only, the animal shall be "C" punched in either ear. The "C" punch must be a minimum of one inch tall. The animal shall be placed in the slaughter pen and cannot be sold, other than for slaughter. The consignor shall sign a form stating that the animal cannot be sold for any reason other than for slaughter and that the animal must be "C" punched prior to sale. These forms must be sent to the Department on a weekly basis, together with the name and address of the purchaser of the animal.

History

• Source: Amended at 28 Ill. Reg. 13396, effective October 1, 2004

Part 50 Humane Slaughter of Livestock

8 Ill. Adm. Code 50.10 Definitions

Words in the singular form shall be deemed to include the plural, words in the masculine form shall be deemed to include the feminine form, and vice versa, as the case may require. Terms defined for the purpose of the Act:

"Act". Means the Humane Slaughter of Livestock Act [510 ILCS 75].

"Anesthesia". Loss of sensation of feeling.

"Captive bolt". A stunning instrument which when activated drives a bolt out of a barrel for a limited distance.

"Carbon dioxide". A gaseous form of the chemical formula CO(2).

"Carbon dioxide concentration". Ratio of carbon dioxide gas and atmospheric air.

"Consciousness". Responsiveness of the brain to the impressions made by the senses.

"Department". The Illinois Department of Agriculture.

"Exposure time". The period of time an animal is exposed to an anesthesia-producing carbon dioxide concentration.

"Inspectors". Any officer or employee of the Department authorized to perform any duties under the Act or these rules.

"Surgical anesthesia". A state of unconsciousness in which the subject exhibits no sense of pain but maintains sensory reflexes essential to life.

History

• Source: Amended at 18 Ill. Reg. 14911, effective September 26, 1994

8 Ill. Adm. Code 50.20 Slaughter Methods; Chemical; Carbon Dioxide

a) The slaughtering of sheep, calves and swine with the use of carbon dioxide gas and the handling in connection therewith, in compliance with the provisions contained in these rules, are hereby designated and approved as humane methods of slaughtering and handling of such animals under the Act.

b) Administration of gas; required effective; handling:

1. The carbon dioxide gas shall be administered in a chamber in accordance with these rules so as to produce surgical anesthesia in the animals before they are shackled, hoisted, thrown, cast, or cut. The animals shall be exposed to the carbon dioxide gas in a way that will accomplish the anesthesia quickly and calmly, with a minimum of excitement and discomfort to the animals. In swine, carbon dioxide may be administered to induce death in the animals before they are shackled, hoisted, thrown, cast, or cut.

2. The driving or conveying of the animals to the carbon dioxide chamber shall be done with a minimum of excitement and discomfort to the animals. Delivery of calm animals to the anesthesia chamber is essential since the induction, or early phase, of anesthesia is less violent with docile animals. Among other things this requires that, in driving animals to the anesthesia chamber, electrical equipment be used as little as possible and with the lowest effective voltage.

3. On emerging from the carbon dioxide tunnel, the animals shall be in a state of surgical anesthesia and shall remain in this condition throughout shackling, sticking and bleeding, except for swine in which death has been induced by the administration of carbon dioxide. The provisions of 8 Ill. Adm. Code 125.190 and 125.210 and 9 CFR 311.30 (1990) shall apply. Asphyxia or death from any cause shall not be produced in the animals before bleeding, except for swine in which death has been induced by the administration of carbon dioxide.

c) Facilities and procedures:

1. General requirements for gas chambers and auxiliary equipment; operator: The carbon dioxide gas shall be administered in a chamber which accomplishes effective exposure of the animal. Two types of tunnels, based on the same principle, are in common use for carbon dioxide anesthesia. They are the "U" type tunnel and the "Straight Line" type tunnel, and are based on the principle that carbon dioxide gas has a higher specific gravity than air. The tunnels are open at both ends for entry and exit of animals and have a depressed central section. Anesthetizing or, in the case of swine, death-inducing, carbon dioxide concentrations are maintained in the central sections of the tunnels. Effective anesthetization is produced in these central sections. Animals are driven from holding pens through pathways constructed of large-diameter pipe or smooth metal and onto continuous conveyor devices that move the animals through the tunnels. The animals are either compartmentalized on the conveyors by mechanical impellers synchronized with the conveyor or they are otherwise prevented from crowding. While impellers are used to compartmentalize the animals, mechanically or manually operated gates are used to move the animals onto the conveyors. Surgically anesthetized animals, or killed swine, are moved out of the tunnels by the same continuous conveyors that moved them into and through the carbon dioxide gas.

2. Special requirements for gas chamber and auxiliary equipment: The ability of anesthetizing equipment to perform with maximum efficiency is dependent on its proper design and efficient mechanical operation. Pathways, compartments, gas chambers, and all other equipment used must be designed to accommodate properly the species of animals being anesthetized. They shall be free from pain-producing restraining devices. Injury of animals must be prevented by the elimination of sharp projections or exposed wheels or gears. There shall be no unnecessary holes, spaces or openings where feet or legs of animals may be injured. Impellers or other devices designed to mechanically move or drive animals or otherwise keep them in motion or compartmentalized shall be constructed of flexible or well padded rigid material. Power activated gates designed for constant flow of animals to anesthetizing equipment shall be so fabricated that they will not cause injury. All equipment involved in anesthetizing animals shall be maintained in good repair.

3. Gas: Maintenance of a uniform carbon dioxide concentration and distribution in the anesthesia chamber is a vital aspect of producing surgical anesthesia. This may be assured by reasonably accurate instruments which sample and analyze carbon dioxide gas concentration within the chamber throughout anesthetizing operations. Gas concentration shall be maintained uniform so that the degree of anesthesia in exposed animals will be constant. Carbon dioxide gas supplied to anesthesia chambers will be from controlled reduction of solid carbon dioxide or from a controlled liquid source. In either case the carbon dioxide shall be supplied at a rate sufficient to anesthetize adequately and uniformly the number of animals passing through the chamber. Sampling of gas for analysis shall be made from a representative place or places within the chamber and on a continuing basis. Gas concentrations and exposure time shall be graphically recorded throughout each day's operation. Neither carbon dioxide nor atmospheric air used in the anesthesia chambers shall contain noxious or irritating gases. Each day before equipment is used for anesthetizing animals, proper care shall be taken to mix adequately the gas and air within the chamber. All gas producing and control equipment shall be maintained in good repair and all indicators, instruments, and measuring devices must be available for inspection by Division inspectors during anesthetizing operations and at other times. An exhaust system must be provided so that, in case of equipment failure, non-uniform carbon dioxide concentrations in the gas tunnel or contamination of the ambient air of the establishment will be prevented.

History

• Source: Amended at 18 Ill. Reg. 14911, effective September 26, 1994

8 Ill. Adm. Code 50.30 Slaughter Methods; Mechanical; Captive Bolt

a) The slaughtering of sheep, swine, goats, calves, cattle, horses and mules by using captive bolt stunners and handling in connection therewith, in compliance with the provisions contained in these rules, are hereby designated and approved as humane methods of slaughtering and handling of such animals under the Act.

b) Application of stunners; required effect; handling:

1. The captive bolt stunners shall be applied to the livestock in accordance with these rules so as to produce immediate unconsciousness in the animals before they are shackled, hoisted, thrown, cast, or cut. The animals shall be stunned in such a manner that they will be rendered unconscious with a minimum of excitement and discomfort.

2. The driving of the animals to the stunning areas shall be done with a minimum of excitement and discomfort to the animals. Delivery of calm animals to the stunning areas is essential since accurate placement of stunning equipment is difficult on nervous or injured animals. Among other things, this requires that, in driving animals to the stunning areas, electrical equipment be used as little as possible and with the lowest effective voltage.

3. Immediately after the stunning blow is delivered the animals shall be in a state of complete unconsciousness and remain in this condition throughout shackling, sticking and bleeding.

c) Facilities and procedures:

1. General requirements for stunning facilities; operator:

A) Acceptable captive bolt stunning instruments may be either skull penetrating or non-penetrating. The latter type is also described as a concussion or mushroom type stunner. Penetrating instruments on detonation deliver bolts varying diameters and lengths through the skull and into the brain. Unconsciousness is produced immediately by physical brain destruction and a combination of changes in intracranial pressure and acceleration concussion. Non-penetrating or mushroom stunners on detonation deliver a bolt with a flattened circular head against the external surface of the animal's head over the brain. Diameter of the striking surface of the stunner may vary as conditions require. Unconsciousness is produced immediately by a combination of acceleration concussion and changes in intracranial pressures. A combination instrument utilizing both penetrating and non-penetrating principles is acceptable. Energizing of instruments will be accomplished by detonation of measured charges of gunpowder or accurately controlled compressed air. Captive bolts shall be of such size and design that, when properly positioned and activated, immediate unconsciousness is produced.

B) To assure uniform unconsciousness with every blow, compressed air devices must be equipped to deliver the necessary constant air pressure and must have accurate, constantly operating air pressure gauges. Gauges must be easily read and conveniently located for use by the stunning operator and the inspector. For purposes of protecting employees, inspectors, and others, it is desirable that any stunning device be equipped with safety features to prevent injuries from accidental discharge. Stunning instruments must be maintained in good repair.

C) The stunning area shall be so designed and constructed as to limit the free movements of animals sufficiently to allow the operator to locate the stunning blow with a high degree of accuracy. All chutes, alleys, gates and restraining mechanisms between and including holding pens and stunning area shall be free from pain-producing features such as exposed bolt ends, loose boards, splintered or broken planking, and protruding sharp metal of any kind. There shall be no unnecessary holes or other openings where feet or legs of animals may be injured. Overhead drop gates shall be suitably covered on the bottom edge to prevent injury on contact with animals. Roughened or cleated cement shall be used as flooring in chutes leading to stunning areas to reduce falls of animals. Chutes, alleys, and stunning areas shall be so designed that they will comfortably accommodate the kinds of animals to be stunned.

D) The stunning operation is an exacting procedure and requires a well-trained and experienced operator. He must be able to accurately place the stunning instrument to produce immediate unconsciousness. He must use the correct detonating charge with regard to kind, breed, size, age, and sex of the animal to produce the desired results.

2. Special requirements: Choice of instrument and force required to produce immediate unconsciousness varies, depending on kind, breed, size, age, and sex of the animal. Young swine, lambs, and calves usually require less stunning force than mature animals of the same kind. Bulls, rams, and boars usually require skull penetration to produce immediate unconsciousness. Charges suitable for smaller kinds of livestock such as swine or for young animals are not acceptably interchanged for use on larger kinds or older livestock, respectively.

History

• Source: Amended at 7 Ill. Reg. 1756, effective February 2, 1983

8 Ill. Adm. Code 50.40 Slaughter Methods; Mechanical; Gunshot

a) The slaughtering of cattle, calves, sheep, swine, goats, horses and mules by shooting with firearms and the handling in connection therewith, in compliance with the provisions contained in these rules are hereby designated and approved as humane methods of slaughtering and handling of such animals under the Act.

b) Utilization of firearms; required effect; handling:

1. The firearms shall be employed in the delivery of a bullet or projectile into the animal in accordance with these rules so as to produce immediate unconsciousness in the animal by a single shot before it is shackled, hoisted, thrown, cast, or cut. The animals shall be shot in such a manner that they will be rendered unconscious with a minimum of excitement and discomfort.

2. The driving of the animals to the shooting areas shall be done with a minimum of excitement and discomfort to the animals. Delivery of calm animals to the shooting area is essential since accurate placement of the bullet is difficult in case of nervous or injured animals. Among other things, this requires that, in driving animals to the shooting areas, electrical equipment be used as little as possible and with the lowest effective voltage.

3. Immediately after the firearm is discharged and the projectile is delivered, the animal shall be in a state of complete unconsciousness and remain in this condition throughout shackling, sticking, and bleeding.

c) Facilities and procedure:

1. General requirements for shooting facilities; operator:

A) On discharge, acceptable firearms dispatch free projectiles or bullets of varying sizes and diameters through the skull and into the brain. Unconsciousness is produced immediately by a combination of physical brain destruction and changes in intracranial pressure. Caliber of firearms shall be such that when properly aimed and discharged, the projectile produces immediate unconsciousness.

B) To assure uniform unconsciousness of the animals with every discharge where small-bore firearms are employed, it is necessary to use one of the following type projectiles: Hollow pointed bullets, frangible iron plastic composition bullets, or powdered iron missiles. When powdered iron missiles are used, the firearms shall be in close proximity with the skull of the animal when fired. Firearms must be maintained in good repair. For purposes of protecting employees, inspectors and others, it is desirable that all firearms be equipped with safety devices to prevent injuries from accidental discharge. Aiming and discharging of firearms should be directed away from operating areas.

C) The provisions contained in Section 50.30(c)(1)(C) with respect to the stunning area also apply to the shooting area.

D) The shooting operation is an exacting procedure and requires a well-trained and experienced operator. He must be able to accurately direct the projectile to produce immediate unconsciousness. He must use the correct caliber firearm, powder charge and type of ammunition to produce the desired results.

2. Special requirements: Choice of firearms and ammunition with respect to caliber and choice of powder charge required to produce immediate unconsciousness of the animal may vary depending on age and sex of the animal. In the case of bulls, rams, and boars, small-bore firearms may be used provided they are able to produce immediate unconsciousness of the animals. Small bore firearms are usually effective for stunning other cattle, sheep, swine, goats, calves, horses and mules.

8 Ill. Adm. Code 50.50 Slaughter Methods; Electrical

a) The slaughtering of swine, sheep, calves, cattle and goats with the use of electric current and the handling in connection therewith, in compliance with the provisions contained in these rules, are hereby designated and approved as humane methods of slaughtering and handling of such animals under the Act.

b) Administration of electric current; required effect; handling:

1. The electric current shall be administered so as to produce, at a minimum, surgical anesthesia (i.e., a state where the animal feels no painful sensation). The animals shall be either stunned or killed before they are shackled, hoisted, thrown, cast, or cut. The animals shall be exposed to the electric current in a way that will accomplish the anesthesia quickly and calmly, with a minimum of excitement and discomfort to the animals.

2. The driving or conveying of the animals to the place of application of electric current shall be done with a minimum of excitement and discomfort to the animals. Delivery of calm animals to the place of application is essential to insure rapid and effective insensibility. Among other things this requires that, in driving animals to the place of application, electrical equipment be used as little as possible and with the lowest effective voltage.

3. The quality and location of the electrical shock shall be such as to produce immediate insensibility to pain in the exposed animal.

4. The stunned animal shall remain in a state of surgical anesthesia through shackling, sticking and bleeding.

c) Facilities and procedures; operator:

1. General requirements for operator: It is necessary that the operator of electric current application equipment be skilled, attentive, and aware of his responsibility.

2. Special requirements for electric current application equipment: The ability of electric current equipment to perform with maximum efficiency is dependent on its proper design and efficient mechanical operation. Pathways, compartments, current applicators, and all other equipment used must be designed to accommodate properly the species of animals being anesthetized. They shall be free from pain-producing restraining devices. Injury of animals must be prevented by the elimination of sharp projections or exposed wheels or gears. There shall be no unnecessary holes, spaces or openings where feet or legs of animals may be injured. Impellers or other devices designed to mechanically move or drive animals or otherwise keep them in motion or compartmentalized shall be constructed of flexible or padded material. Power activated gates designed for constant flow of animals to electrical stunning equipment shall be so fabricated that they will not cause injury. All equipment used to apply and control electrical current shall be maintained in good repair and all indicators, instruments, and measuring devices shall be available for inspection by Division inspectors during the operation and at other times.

3. Electric current: Each animal shall be given a sufficient application of electric current to insure surgical anesthesia throughout the bleeding operation. Suitable timing, voltage and current control devices shall be used to insure that each animal receives the necessary electrical charge to produce immediate unconsciousness. The current shall be applied so as to avoid the production of hemorrhages or other tissue changes that would interfere with the inspection procedures.

History

• Source: Amended at 9 Ill. Reg. 18427, effective November 19, 1985

Part 55 Hatcheries, Poultry Flocks, and Produce Thereof

8 Ill. Adm. Code 55.5 Definitions

Definitions for the rules of this Part can be located in the general definition Section (8 Ill. Adm. Code 20.1).

History

• Source: Added at 8 Ill. Reg. 5929, effective April 23, 1984

8 Ill. Adm. Code 55.10 Shipments of Poultry or Hatching Eggs

a) All shipments of poultry or hatching eggs entering or moving within Illinois shall:

1. be accompanied by a "Report of Sales of Hatching Eggs, Chicks and Poults" (VS Form 9-3); or

2. be accompanied by a Certificate of Veterinary Inspection approved by the chief livestock official of the state of origin which states that the poultry originated from a flock that has been tested for pullorum and typhoid diseases within one year and was free of reactors to these diseases.

b) In addition to the above requirements, all poultry or hatching eggs entering or moving within Illinois for table egg production shall originate from a flock that meets the U.S. S. Enteritidis requirements under the National Poultry Improvement Plan for Breeding Poultry (9 CFR 145, 2018) and Auxiliary Provisions on National Poultry Improvement Plan (9 CFR 147, 2018). Incorporation of federal rules does not include later amendments or editions.

History

• Source: Amended at 43 Ill. Reg. 4510, effective March 26, 2019

8 Ill. Adm. Code 55.20 Infected Flock

A flock deemed to be infected with pullorum-typhoid by the Department shall be quarantined until all known reactors have been slaughtered, the remaining poultry in the flock or in the hatchery have been tested, and the flock deemed eligible for release by the Department. The Department will give permission upon written request to sell all or part of a quarantined flock for slaughter. Flocks shall be released upon being tested with no reactors on two complete tests no less than 21 days apart.

History

• Source: Amended at 8 Ill. Reg. 5929, effective April 23, 1984

8 Ill. Adm. Code 55.30 Classification of Flock

If a reactor is found on the stained-antigen, rapid, whole-blood test for pullorum-typhoid, this shall be verified by submitting the reactor bird or birds (up to a maximum of 4 birds) to an approved laboratory for examination; laboratory results will be used to determine whether a flock is classified as clean or infected.

History

• Source: Amended at 8 Ill. Reg. 5929, effective April 23, 1984

8 Ill. Adm. Code 55.40 Breeding Poultry

a) All breeding poultry (20 weeks of age or older) must be tested and comply with the National Poultry Improvement Plan for Breeding Poultry (9 CFR 145 (2018)) and Auxiliary Provisions on National Poultry Improvement Plan (9 CFR 147 (2018)) for pullorum-typhoid. The Department participates in the National Poultry Improvement Plan as an Official State Agency cooperating through a Memorandum of Understanding. Incorporation of federal rules does not include later amendments or editions.

b) The Department only requires compliance with the expressed requirements of the National Poultry Improvement Plan in order for a participant to be in compliance with the Plan, except as provided for in this Part.

History

• Source: Amended at 43 Ill. Reg. 4510, effective March 26, 2019

8 Ill. Adm. Code 55.45 Turkeys

a) All turkeys entering Illinois and not consigned to slaughter must originate from flocks or hatcheries that are officially classified as U.S. Mycoplasma Gallisepticum Clean in accordance with the provisions of the National Poultry Improvement Plan (9 CFR 145.43(c) (2018)) or be negative to a test for Mycoplasma gallisepticum within 30 days prior to entry. Incorporation by reference shall not include later amendments or editions beyond the date specified.

b) Hatching eggs entering Illinois shall originate from hatcheries or flocks that are officially classified as U.S. Mycoplasma Gallisepticum Clean.

c) Turkeys and hatching eggs entering Illinois shall be accompanied by a health certificate that shall indicate either that the turkeys are negative to a test for Mycoplasma gallisepticum or that they originated from U.S. Mycoplasma Gallisepticum Clean flocks or hatcheries.

History

• Source: Amended at 43 Ill. Reg. 4510, effective March 26, 2019

8 Ill. Adm. Code 55.50 Persons Who May Perform the Test

Persons officially approved by the Department may perform the stained-antigen, rapid, whole-blood test for pullorum-typhoid. Approval shall be given by the Department after the applicant has orally described and physically demonstrated proper testing procedures (found in USDA's National Poultry Improvement Plan Program Standards (January 2017)) to Department inspectors, veterinarians or laboratory personnel and has correctly interpreted test results. Each individual authorized to perform the test in the State will be sent a card showing his or her authorization to perform the test.

History

• Source: Amended at 43 Ill. Reg. 4510, effective March 26, 2019

8 Ill. Adm. Code 55.60 Inspection

All reports of pullorum and typhoid will be investigated by a State inspector or veterinarian. Inspection of hatcheries and flocks shall be performed during regular business hours by the Department. Pullorum-typhoid testing of flocks and exhibition birds shall be performed during regular business hours by the Department.

History

• Source: Amended at 8 Ill. Reg. 5929, effective April 23, 1984

8 Ill. Adm. Code 55.70 Show and Exhibition Birds

a) All entries (except waterfowl, i.e., domesticated fowl that normally swim, such as ducks and geese) to a show or exhibition must have come from a U. S. pullorum-typhoid clean or equivalent hatchery or flock; or have a negative pullorum-typhoid test within 90 days prior to exhibition. The Department shall randomly check the health certificates and test show and exhibition poultry to see that they comply with health requirements as stated in this paragraph.

b) The exhibitors must provide the fair management, poultry superintendent, or the accredited veterinarian employed by the management of the show with information as to name and address of the owner or exhibitor, name and location of the authorized testing agent, date of the testing, and the number, breed, and species of those tested. Such information shall be submitted to the Department by the accredited veterinarian, the fair management, or the poultry superintendent.

History

• Source: Amended at 8 Ill. Reg. 5929, effective April 23, 1984

8 Ill. Adm. Code 55.80 Banding

The Department does not require the banding of tested poultry.

History

• Source: Added at 8 Ill. Reg. 5929, effective April 23, 1984

8 Ill. Adm. Code 55.90 Sanitation

Participants in the National Poultry Improvement Plan shall comply with the sanitation requirements prescribed in subpart C of 9 CFR 147 (2018), except that the Department accepts any fumigant that is registered by the U.S. Environmental Protection Agency and for which the manufacturer's label specifies the product is for egg sanitation or cleaning of poultry equipment.

History

• Source: Amended at 43 Ill. Reg. 4510, effective March 26, 2019

8 Ill. Adm. Code 55.100 Administrative Hearing

All decisions and actions of the Department are subject to the Illinois Administrative Procedure Act [5 ILCS 100] and the Department's Administrative Rules (8 Ill. Adm. Code 1) which pertain to administrative hearings, petitions, proceedings, contested cases, declaratory rulings and availability of Department files for public access. Administrative hearings are governed by the Illinois Administrative Procedure Act and Subpart B of the Department's Administrative Rules.

History

• Source: Amended at 20 Ill. Reg. 1537, effective January 12, 1996

Part 60 Bees and Apiaries Act

8 Ill. Adm. Code 60.10 Definitions

"Bee Parasites" means the parasitic bee mites and other parasitic bee pests including but not limited to Varroa destructor (varroa mite), Tropilaelaps clareae and Aethina tumida (small hive beetle).

"Exotic Strain of Bees" means any African or Africanized honey bees or any developed strain of bee not known to be present ordinarily in the State that may present a hazard to beekeeping and/or the public.

"Infestation" means the presence of bee parasites or exotic strains of bees.

"Moved (Movement, Move)" means 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.

"Quarantine" means a circumstance in which bees, colonies, bee equipment or honey is restricted to the existing location, unless allowed to be moved or the honey extracted and removed under permit or compliance agreement with the Director.

"Registration Certificate" means a certificate provided by the Department to a beekeeper upon acceptance of the application for registration. The certificate shall be numbered and show each beekeeper's name and mailing address.

"Scientific Permit" means a document issued by the Department to allow the movement of regulated articles to a specified destination for scientific purposes.

History

• Source: Amended at 26 Ill. Reg. 8803, effective June 7, 2002

8 Ill. Adm. Code 60.20 Registration; Colony Identification

a) Any person acquiring ownership or possession of bees shall within ten days after such acquisition file an application for registration with the Department.

b) Any person moving bees into this State from another state or country shall within ten days after arrival file an application for registration with the Department.

c) Any person owning or possessing bees in the State shall during the month of November of each year file with the Department an application for registration to renew his or her current registration.

d) Application for registration will be made on forms available from the Department. The registration information shall include:

1. The beekeeper's name, mailing address, county of residence, phone number and date.

2. The county name and exact location (such as township, section number, road number, street address, etc.) where the bees are kept.

3. The current number of colonies at each location.

4. The name of the landowner of each site where apiaries are maintained.

e) The Department will issue to beekeepers a registration certificate after the Department receives the application. All registration certificates will remain valid unless cancelled by the Department when it is determined that a beekeeper is no longer keeping bees or at the registrant's request.

f) All apiaries shall be identified. This identification shall consist of the State abbreviation "IL" followed by the beekeeper's Illinois registration number in weatherproof lettering not less than one-half inch in height. The number shall be displayed prominently on the front of a hive.

g) All bees or colonies not registered with the Department shall be declared a nuisance. The beekeeper shall have 30 days in which to register. Failure to comply within 30 days will result in abatement of the nuisance.

h) There shall be no registration fees.

History

• Source: Amended at 20 Ill. Reg. 2390, effective January 25, 1996

8 Ill. Adm. Code 60.30 Inspection

a) Every beekeeper shall when requested by the Department provide the location of all bees, colonies and bee equipment owned or in his or her possession.

b) The Department may require that the beekeeper assist in locating and handling bees, colonies and bee equipment so that inspection may be properly performed.

History

• Source: Amended at 20 Ill. Reg. 2390, effective January 25, 1996

8 Ill. Adm. Code 60.40 Equipment

a) Any hive from which all frames or honeycomb cannot be readily removed for inspection including cross-comb hives or any hive in any situation where adequate or efficient inspection is difficult, impractical, or impossible is hereby declared a nuisance.

b) When such a nuisance is declared, the colony owner and/or beekeeper shall be notified in writing via certified mail to cease the use of such hives. Compliance must be effected within 90 days from the receipt of the notice by the beekeeper.

c) When the beekeeper has failed to comply within the 90 day period, the Department will issue a notice to the colony owner and/or beekeeper ordering the nuisance to be abated. The nuisance must be abated within 7 days from the date of receipt of the notice by the beekeeper.

History

• Source: Amended at 20 Ill. Reg. 2390, effective January 25, 1996

8 Ill. Adm. Code 60.50 Diseased or Parasitized Colonies; Exotic Strains

a) Any colony of bees within the State found to be infected with American foulbrood disease shall be abated. All combs, frames, honey and bees must be abated by burning in a pit at least 18 inches deep and then covering the ashes with at least six inches of soil. Hive bodies, supers, bottom boards, inner covers and outer covers may be salvaged by sanitizing with a scorching flame. Unless otherwise approved by the Department, abatement by burning shall be accomplished by the beekeeper no later than 10 days after receiving written notice from the Department that American foulbrood disease has been detected in honeybee colonies.

b) Bees, colonies or items of bee equipment can be moved within or into the State if treatment for the control of bee parasites using United States Environmental Protection Agency approved substances has been initiated not more than 30 days prior to movement.

c) No person shall possess exotic strains of bees within the State. Any colony within the State found to contain exotic strains of bees shall be abated. Colonies or package bees accepted from any area known to be infested with exotic strains of bees must be certified by the USDA or any state apiary inspection program as being European by using any USDA approved identification method.

d) The regulation of bees or colonies in an Africanized honey bee area shall be in accordance with the European Honey Bee State Certification Procedure of the Model Honey Bee Certification Plan (November 20, 1991) as approved by the National Association of State Departments of Agriculture (1156 – 15th Street N.W., Suite 1020, Washington, DC 20005) and the United States Department of Agriculture Interagency Technical Working Group on the Africanized Honey Bee (Agricultural Research Service, National Program Staff, Beltsville, MD 20705).

e) Incorporations by reference do not include any amendments or editions beyond the date specified and may be viewed and/or copied at the Department's Springfield office.

History

• Source: Amended at 26 Ill. Reg. 8803, effective June 7, 2002

8 Ill. Adm. Code 60.60 Permits

a) No person shall move bees, colonies or used bee equipment from one county to another within the State, or into this State from any other state or country, without notifying the Department in person, in writing or by telephone at least ten days prior to such movement to allow issuance of a permit.

b) The permit shall specify the following information:

1. Beekeeper's name and mailing address.

2. The apiary registration number as assigned or other unique identification codes and/or marks or similar information.

3. The origin of the bees or equipment being moved.

4. The number of colonies or nature of equipment being moved.

5. The destination of the bees or equipment being moved.

6. The date when movement will be made.

7. The date of treatment for bee parasites.

c) A permit shall be issued if bees or equipment being moved from county to county or into the State of Illinois have been inspected within 90 days before the date of shipment. The person moving the bees or equipment into Illinois shall furnish to the Department an inspection certificate signed by an authorized inspector, entomologist, or other responsible official identifying all bee diseases and bee parasites and any controls that were implemented.

History

• Source: Amended at 20 Ill. Reg. 2390, effective January 25, 1996

8 Ill. Adm. Code 60.70 Quarantine

a) The area to be quarantined will be designated by commonly accepted and readily identifiable boundaries (i.e., counties). Boundaries shall be changed by the Director to include contiguous areas if it has been determined the harmful disease, parasite or exotic strain has spread into that area.

b) A quarantine will include specific restrictions on or requirements for movement into, out of, or through the quarantine area.

c) A quarantine will specify the articles to be regulated and, if required, those exempted.

d) A quarantine will specify the measures to be undertaken to control or eradicate the harmful disease, parasite or exotic strain.

e) The Director may stop, inspect and seize, destroy, or otherwise dispose or order disposal of regulated articles found in violation of a quarantine.

f) If the Director determines that the harmful disease, parasite or exotic strain for which a quarantine has been implemented has been controlled or eradicated according to the Department's recommendation, he or she shall cancel a quarantine.

History

• Source: Amended at 20 Ill. Reg. 2390, effective January 25, 1996

8 Ill. Adm. Code 60.80 Administrative Rules (Repealed)

History

• Source: Repealed at 20 Ill. Reg. 2390, effective January 25, 1996

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 65 Egg and Egg Products Act

8 Ill. Adm. Code 65.10 Definitions and Incorporations

a) Words in the singular form shall be deemed to include the plural, words in the masculine form shall be deemed to include the feminine form, and vice versa, as the case may require. As used in these rules the following terms shall have the meanings specified:

"Act" means The Illinois Egg and Egg Products Act [410 ILCS 615].

"Deceptive" – Any arrangement of the contents of any consumer-size container or master container, or of any lot, load or display in which the eggs in the outer layer or in any portion exposed to view are in quality, size, condition or in any other respect superior to those in the interior or unexposed portion as to materially misrepresent the contents or any part thereof as to size, quality, condition or any other respects.

"Eggs sold at retail" – It shall be considered that shell eggs are being sold at retail when they are offered for sale or sold to a consumer off the premises where the flock is maintained.

"First receiver" means the first recipient of the eggs from a producer.

"Mislabel" – The placing or presence of any false, deceptive or misleading mark, term, statement, design, device, inscription or any other designation upon a consumer-size container or master container of eggs or upon the label, lining or wrapper thereof, or upon a placard or sign used in connection therewith, or in connection with any display having reference to eggs.

"Sufficient strength and durability" means that the master container must be rigid and capable of supporting 4 or 5 full master containers when stacked as commonly occurs when such master containers are shipped.

b) No incorporation by reference in this Part includes any later amendment or edition beyond the date stated.

History

• Source: Amended at 29 Ill. Reg. 14774, effective October 1, 2005

8 Ill. Adm. Code 65.20 Packaging Material, Master Containers, Packing Material and Consumer-Size Containers

a) Eggs sold at retail may be packaged only in new consumer-size containers with the exception that ungraded eggs sold directly by producers to household consumers may be packaged in unmarked new or unmarked good used consumer-size containers.

b) All eggs sold at retail must be prepackaged.

c) Only new or good used master containers may be used for the distribution of eggs. All master containers including plastic and wire baskets must be clean, free of mold and dirt, mustiness, and of odors, and must be of sufficient strength and durability to protect the eggs from damage during normal distribution. Cardboard master containers showing obvious "fatigue" defects, such as, master containers with torn sections exposing contents of the master containers or which have lost their original shape due to warping, bulging, sagging or denting shall not be used.

d) Packing material, including but not limited to flats and fillers, plastic or pulp fillerflats, may be new or used provided they are clean, free from stain and odors, from mold and dirt, from mustiness, thoroughly dry and of sufficient rigidity to prevent damage during handling and distribution.

e) Eggs sold at retail may be prepackaged by handlers only in new consumer-size containers. Polystyrene (shrink wrap) may be used in the prepackaging of eggs offered for sale at the retail level. Wrapping fillerflats or any other open container of eggs in newspaper, butcher paper, or other type of sheet material is prohibited. No retailers will buy loose or bulk eggs and put them into cartons or containers of any kind or sort whatsoever.

f) In accordance with Section 3.7 of the Act, consumer-size containers shall automatically be approved for use if they comply with the labeling requirements (see 8 Ill. Adm. Code 65.30) and protect the eggs from damage during normal distribution. Upon examination, if the Department finds evidence that the container is not protecting the eggs from damage, the packer shall receive written notification either personally, or by registered or certified mail that the containers cannot be used beginning 30 days from the date notice of discontinuance is given by the Department. Consumer-size containers which are found in violation of the labeling requirements cannot be used until correction is made.

History

• Source: Amended at 7 Ill. Reg. 2311, effective February 14, 1983

8 Ill. Adm. Code 65.30 Consumer Container Labeling Requirements

a) All shell eggs sold by a producer-dealer, packer, handler, or distributor to a retailer for resale to a consumer shall be labeled on the consumer-size container with the grade and size. Labeling shall be in bold type with letters not less than ⅜ inch in height, no abbreviations permitted.

b) Labeling on each consumer-size container must show the name and address of the packer or the name and address of the distributor or retailer under whose authority the eggs were packed. This identification must be permanent either by stamping or printing in bold type with letters not less than ⅛ inch in height.

c) Each consumer-size container must include in its label numbers expressed in a three-digit Julian code not less than ⅛ inch in height indicating the exact consecutive day of the year on which the determination of grade and size was made. Predating is not permitted. Illegible dates shall be considered as no dates. Candling dates must be separated from any other codes that may appear on the carton.

d) In addition to the above labeling requirements, it shall be allowable to include expiration dates in the labeling of consumer-size containers at retail. An expiration date, or other similar language as specified by USDA standards, that is not later than 45 days from the candling date for Grade A eggs and not later than the 30 days from the candling date for Grade AA eggs shall be used. Eggs with an expiration date marked on the container shall not be offered for sale or sold to a consumer after the date marked on the container.

History

• Source: Amended at 43 Ill. Reg. 4799, effective April 15, 2019

8 Ill. Adm. Code 65.40 Restrictions

a) No person shall sell or offer for sale shell eggs to retailers, institutional consumers, or food manufacturers in this State that do not meet the requirements of Grade B quality or better (see 8 Ill. Adm. Code 65.220), except that producers may sell directly to household consumers nest run eggs produced by their own flocks.

b) The Illinois Egg and Egg Products Act and these rules (8 Ill. Adm. Code 65) shall also apply to all eggs shipped into Illinois and offered for sale or sold in this State.

History

• Source: Amended at 7 Ill. Reg. 2311, effective February 14, 1983

8 Ill. Adm. Code 65.50 Master Container Labeling Requirements

a) All master containers, whether full or partial containing bulk (loose) eggs offered, exposed or packed for sale, or transported for sale within the State shall bear a label stamped on the container or a removable tag affixed to the container on the top rung showing the following information in a conspicuous manner:

1. Grade and size – in letters not less than ½ inch in height.

2. Name and address of packer or Illinois Egg License number or USDA plant number or egg license number from another state where eggs were packed, in letters not less than ¼ inch in height.

3. The exact date on which the eggs were candled and graded. This candling date must be legible and accurate and appear in letters and numbers in Julian date code or exact date of pack not less than ¼ inch in height. Predating is not permitted. Illegible dates shall be considered as no dates.

4. In addition to the above labeling requirements, an expiration date shall be required on all loose pack master containers. Use of qualifying prefixes required by USDA standards is allowable.

b) Wire or plastic baskets (master containers) containing consumer-size cartons with the labeling information required by 8 Ill. Adm. Code 65.30 exposed to view are exempt from labeling the master container itself.

c) Master containers, containing consumer-size containers where the labeling information is not exposed to view, must be labeled with one of the following means of identification:

1. name and address of packer;

2. state license number;

3. USDA plant number; or

4. egg license number from another state.

History

• Source: Amended at 43 Ill. Reg. 4799, effective April 15, 2019

8 Ill. Adm. Code 65.60 Advertising

a) No person other than those persons who sell only nest run eggs produced by their own flocks shall sell, offer for sale or advertise for sale shell eggs as "fresh eggs", "hennery eggs", or "strictly fresh eggs", any eggs which do not meet the minimum requirements for consumer Grade A as prescribed in the Department standards for individual shell eggs (see 8 Ill. Adm. Code 65.220).

b) No eggs shall be advertised or labeled as "organic eggs" or "fertile eggs", including but not limited to any other claims of unusual interior quality or superiority, until a statement of proof is submitted to the Director and inspection to confirm the claim is made. An egg shall be considered a fertile egg when the ratio of roosters to hens is not less than 8 roosters per 100 hens. An egg may be advertised as an organic egg when it has been certified organic by a USDA accredited certifying agency for having met all the conditions of the National Organic Program (7 CFR 205 (2000)).

c) Eggs shall not be advertised when a price is stated or implied without also designating the correct grade and size. In accordance with the provisions of Sections 7 and 17(a) and (b) of the Act and 8 Ill. Adm. Code 65.10, advertising information shall not be misleading or deceptive. This subsection applies to all forms of advertising including, but not limited to newspaper, periodical, window, display case, radio, television, and handbill.

History

• Source: Amended at 29 Ill. Reg. 14774, effective October 1, 2005

8 Ill. Adm. Code 65.70 Brand or Firm Name

No person except a bona fide producer as defined in the Act shall use a component of a brand name or company name any word or words which carry the connotation that he is in fact a producer or owns or operates facilities for that purpose. With the exception, that brand names carrying such connotations in use prior to November 1, 1975 shall be permitted to continue in use.

History

• Source: Rules and Regulations relating to the Illinois Egg and Egg Products Act, filed March 2, 1976, effective March 12, 1976

8 Ill. Adm. Code 65.80 Food Preparation

Restaurants, institutional consumers, and food manufacturers shall receive and use only clean sound shell eggs of Grade B quality or better. They may buy dried, frozen or liquid eggs only if such products are prepared and pasteurized in a plant under USDA continuous inspection and carry the USDA inspected egg products legend.

History

• Source: Amended at 19 Ill. Reg. 16933, effective January 1, 1996

8 Ill. Adm. Code 65.90 Holding Temperature

a) From the point of candling and grading (including transportation), all eggs designated for human consumption shall be held at a temperature not to exceed 45° F. ambient temperature after processing until they reach the retailer.

b) All shell eggs shall be kept from freezing.

c) Nest run eggs shall be held at 60° F. or less at all times, including during transportation.

History

• Source: Amended at 21 Ill. Reg. 900, effective January 1, 1997

8 Ill. Adm. Code 65.100 Application for License or Renewal; Revocation or Suspension of License

a) Except for those businesses exempted in Section 8 of the Act, applications for a license to operate as a handler, egg breaking establishment or any other business which buys, sells, trades or traffics in eggs, such as, egg packing, handling and processing plants, shall be made on forms supplied by the Department. Persons who ship shell eggs into Illinois from any other state via their own trucks, leased trucks, or common carrier must have Illinois Egg Licenses. All shipments of such eggs shall meet Federal standards (21 USCA 1031 et seq. and 7 CFR 56 (2004) and 7 CFR 59 (2004)) and be in compliance with this Part. Egg breaking establishments located in this State or located outside the State but who sell or purchase shell eggs in Illinois must obtain an Illinois Egg License and thereby become subject to all provisions of the Act and to the rules governing the sale and purchase of shell eggs in this Part.

b) New applicants for licenses shall state the type of license desired (Section 65.110) when requesting an application form. Applications for renewal of licenses shall be mailed by the Department to the licensee at the address on the application. The application for an egg license shall include the name to appear on the license, and the address where the applicant engages in the business of buying eggs, information as to the type of license being applied for, name under which the license was previously issued and license number if it is a request for renewal of license and information on officers or partners, if applicable.

c) The application for license to operate an egg breaking establishment shall request the name to appear on the license and the address of the business. Applicant's business must meet standards as set forth in Section 65.140.

d) Inaccurate or missing information on the application will be grounds for revoking or refusing to issue a license. Before refusing to issue or renew or before suspending or revoking a license or refusing to issue or revoking a grace period for renewal, the Department shall comply with the provisions of Section 11.5 of the Act. The administrative hearing shall be conducted in accordance with Section 18.5 of the Act.

History

• Source: Amended at 29 Ill. Reg. 14774, effective October 1, 2005

8 Ill. Adm. Code 65.110 Licenses

a) The classifications of egg licenses and license fees for Illinois Egg Licenses (Full and Limited) are:

1. Illinois Egg License (Full) is required for the following business:

A) Producer-dealer (as defined in Section 3.29 of the Act and who sells eggs produced by his or her own flock or additional eggs from other than his or her own production) – $50.

B) Grading station (candles and grades nest run eggs from various producers) – $50.

C) Jobber or broker (as defined in Section 3.2 of the Act) – $50.

D) Distributor (as defined in Section 3.11 of the Act) – $50.

2. Illinois Egg License (Limited) is required for a producer-dealer (as defined in Section 3.29 of the Act, except that a limited licensee may only sell eggs of his or her own production) $15.

3. Egg Breaker's License (egg breaking establishment as defined in Section 16 of the Act). The license fee as set in Section 16 of the Act is $200.

b) A license will be issued if the applicant complies with the requirements of Sections 9 and 16 of the Act (as applicable to the type of license desired) and this Part.

c) Illinois Egg Licenses must be posted conspicuously at the place of business of the holder so the license may be seen by the public and by the inspectors of the Department of Agriculture at any and all hours of the working day.

d) Truckers purchasing eggs from an Illinois producer are required to have an Illinois Egg License or photostatic copy of the license displayed in the cab.

e) A separate license must be obtained for each business location.

f) A place of business means a location where any person buys eggs from producers, or buys from or sells to institutional consumers, retailers, manufacturers or handlers. A truck or vehicle shall be considered a place of business provided no building is used for this purpose. Any person who operates his business from a vehicle in the State must provide to the Department a legal address for contact.

g) Licenses are non-transferable. In the event of a sale of a licensed business, the purchaser will be required to make application for a new license.

History

• Source: Amended at 43 Ill. Reg. 4799, effective April 15, 2019

8 Ill. Adm. Code 65.120 Surety Bond or Certificate of Deposit (Repealed)

History

• Source: Repealed at 19 Ill. Reg. 16933, effective January 1, 1996

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 65 Egg and Egg Products Act

8 Ill. Adm. Code 65.130 Required Forms and Records

a) Grade Buying Slip

1. When eggs are purchased from the producer on a graded basis, a grade buying slip shall be issued by the purchaser to the producer showing that eggs are of one or more of the following grade and size designations stating the quantity of each. Every grade buying slip shall carry a minimum of these six designations:

A Large

B Grade

A Medium

Restricted

A Small

Loss

2. The grade buying slip must identify the producer and the purchaser and show the date of purchase and the date of grading. Eggs purchased from producers on a graded basis shall be candled and graded by the first receiver before the close of the fifth business day after receipt of the eggs at the grading facility, unless otherwise agreed to by both parties, and unless they are sold as "Nest Run Eggs", in which event they must be assigned a nest run grade and a weight class as defined in 7 CFR 56.230, 56.231, and 56.232 (2004) in the Federal standards for shell eggs.

3. If quality factors preclude the assignment of a nest run grade, that grade must be stated on the invoice accompanying the sale of the eggs to the second receiver.

4. Other grade and size classifications may be used in addition to those specified in subsection (a)(1). When other grades are added, they must conform with the Federal egg grading standards adopted in Section 65.220. The term "restricted" shall be used to designate all edible eggs below B quality (see Section 65.190(a)). A quantitative breakdown of the various types (i.e., checks, dirties, etc.) of restricted eggs shall be shown.

b) Invoice

1. When eggs are sold by a licensed handler to another handler or retailer for ultimate resale to consumers, or to an institutional consumer or manufacturer for use in preparation of food for human consumption, an invoice or other accounting document must accompany the eggs.

2. The invoice or other accounting document must show the name and address of the seller, including the physical address from where the eggs were shipped (P.O. boxes are not acceptable), the name and address of the purchaser, and the exact grade and size of the eggs sold according to State grade standards (see Section 65.220). The handler paying the inspection fee shall indicate, on each sales invoice, the amount of the inspection fee for the transaction in addition to the price of the eggs (see Section 65.210).

3. Both seller and buyer must keep a copy of this invoice or other accounting documents on file, for a period of 6 months, at the location where the eggs are being held or sold.

History

• Source: Amended at 43 Ill. Reg. 4799, effective April 15, 2019

8 Ill. Adm. Code 65.135 Egg Lot Consolidation

a) Cartons used for egg lot consolidation must be clean.

b) All lot consolidation training must be preapproved by the Department.

c) Only trained personnel can perform lot consolidation at the retail level. A dated record must be kept and must be accessible at the retail store, listing all trained individuals who have been approved to perform lot consolidation. The employer bears the responsibility for training personnel and maintaining all records.

d) Lot consolidation records must include each trained individual's name and the date of the lot consolidation. The Department can access timekeeping records to verify that the trained employee was working on the date of lot consolidation.

e) Any retailer that wants to engage in egg lot consolidation must notify the Department either in writing or by electronic method listing each specific address of the retail location where it would like to perform egg lot consolidation. This requested location listing should be updated on an annual basis by the retailer.

f) A second inspection fee is not payable to the Department on eggs consolidated.

History

• Source: Added at 43 Ill. Reg. 4799, effective April 15, 2019

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 65 Egg and Egg Products Act

8 Ill. Adm. Code 65.140 Minimum Sanitation, Building and Labeling Requirements for Egg Breaking Establishments

Illinois standards for sanitation, building and labeling requirements for egg breaking establishments shall be those as required by the Federal Egg Products Inspection Act (21 USCA 1035 and 1036) and its rules (7 CFR 59 (2004)).

History

• Source: Amended at 29 Ill. Reg. 14774, effective October 1, 2005

8 Ill. Adm. Code 65.150 Minimum Sanitation and Operating Requirements for Shell Egg Grading Plants, Not Under Federal Inspection, Engaged in the Grading, Storage, Packaging and Distribution of Eggs

a) Buildings shall be of sound construction so as to prevent the entrance or harboring of vermin.

b) All areas and rooms in which eggs are handled, graded, and packed shall be kept reasonably clean during working hours and shall be thoroughly cleaned at the end of each operating day.

c) Cooler rooms shall be free from objectionable odors, such as mustiness or a rotten odor, and shall be maintained in a clean sanitary condition.

d) Oil processing of shell eggs to preserve quality shall be conducted in a manner as will avoid contamination of the eggs. The temperature of the processing oil must be warmer than the temperature of the eggs to which it is applied.

1. Oil having any off odor or oil that is obviously contaminated shall not be used. Processing oil that has been previously used and that has become contaminated shall be filtered and heated to 180° F. for three minutes prior to reuse.

2. Oil treating equipment shall be washed, rinsed and treated with a bactericidal agent each time the oil is removed. It is preferable to filter and heat treat processing oil and clean processing equipment daily when in use. Equipment shall be covered when not in use to keep it clean.

3. Eggs with apparent moisture on the shell shall not be oil treated.

e) Egg cleaning equipment shall be kept in good repair and shall be thoroughly cleaned after each day's use or more often if necessary to maintain a sanitary condition. The wash water shall be potable and maintained at a temperature of 90° F. minimum. The wash water temperature must be at least 20° greater than the egg temperature. The wash water shall be replaced frequently and the detergent and sanitizer shall be kept at an effective level at all times.

1. During any rest period, or at any time when the equipment is not in operation, the eggs shall be removed from the washing and rinsing area of the egg washer and from the scanning area whenever there is a build-up of heat.

2. Only USDA or Federal approved cleaning and sanitizing compounds may be used (7 CFR 59.515 (2004)). Washed eggs shall be reasonably dry before cartoning or casing.

f) Washing eggs by hand, or by any other method in which the water temperature, cleaning and sanitizing agents, and bacterial contamination cannot be controlled, is prohibited.

g) Motor driven rotary cleaning pads, hand sanding, or other "dry cleaning" devices may be used to clean eggs, but they are not recommended. Dry cleaning pulverizes the dirt, thereby spreading it over all adjoining surfaces, including eggs. In the absence of an adequate air filtering system, the process shall be considered as air pollution and a health hazard for persons handling the eggs.

History

• Source: Amended at 29 Ill. Reg. 14774, effective October 1, 2005

8 Ill. Adm. Code 65.160 Minimum Sanitation Requirements for Retailers and Institutional Consumers

a) Only new packaging material will be used to sell eggs at retail. This regulation applies to any size container and the packing material used therein.

b) Display cases in which eggs are offered for sale to consumers must be clean and free from any substances or conditions whereby the eggs could become adulterated through absorption of bacteria or odors which would affect the quality of taste of the eggs.

c) All storage areas where eggs are held prior to being placed in display cases or other area accessible to consumers must be continuously maintained in a clean and sanitary condition. Eggs will not be stored in the same area with:

1. consumer-size containers which have been rejected for damaged eggs,

2. onions, fish, and other strong smelling food items,

3. cleaning compounds, pesticides or any other chemicals of any kind or sort whatsoever.

d) Institutional consumers shall not keep shell eggs in the kitchen or cooking area for longer than one hour from the time they are removed from the cooler.

e) Retailers and institutional consumers should keep their supplies of eggs properly rotated at all times so that the oldest eggs as determined by the candling date on the master containers or consumer-size containers are used first.

f) Consumer-size containers holding damaged eggs whereby the contents are exuding or free to exude through the shell membranes shall be removed from the display area. If such damage results in spillage of egg contents on other cartons or upon the bottom of the display case, the cartons or display case floor must be cleaned within a reasonable time.

g) In all storage areas, master containers shall be kept above the floor at all times.

History

• Source: Amended at 21 Ill. Reg. 900, effective January 1, 1997

8 Ill. Adm. Code 65.170 Retail Egg Inspection

a) When an inspector selects inspection samples to ascertain compliance with the Egg and Egg Products Act and this Part as they apply to grade and size of shell eggs, such samples shall be taken from either the holding area or display area.

b) If a disproportionate number of checks and leakers are found indicating the lack of reasonable store surveillance of the egg display, the inspector will issue a violation notice. In determining if a violation exists, the inspector will consider the damage possibly inflicted by the store's patrons, past inspection history indicating previous lack of surveillance of the egg display, and whether the number of checks and leakers exceed minimum federal egg grading standards (7 CFR 56 (2004)).

History

• Source: Amended at 29 Ill. Reg. 14774, effective October 1, 2005

8 Ill. Adm. Code 65.180 Enforcement

a) Stop Sale Notices. Inspectors of the Department of Agriculture, upon determining that the provisions of the Act or the rules promulgated for its enforcement have been violated, shall place "Stop Sale Notices" on eggs being offered, displayed, stored, processed, or transported in violation of the provisions of the Act or the rules thereof. Eggs upon which a Stop Sale Notice has been issued shall not be sold, transferred or otherwise disposed of until such Stop Sale Notice has been cancelled by the Director of Agriculture, or his duly authorized agent.

b) At the retail level, all consumer-size containers within a lot determined to be in violation of the Act or the rules thereof shall be stamped individually as follows: "Not To Be Sold – Ill. Dept. of Agri." Any consumer-size containers so stamped shall not be sold at retail and shall be picked up by or returned to the person from whom they were purchased or obtained, or destroyed in the presence of the inspector.

c) Inspection Samples. Whenever eggs are offered for sale or being held for the purpose of selling, any authorized inspector or employee of the Department of Agriculture may enter and take representative samples.

d) Invoices, Reports and Information. When deemed necessary for proper enforcement of this Act, any producer-dealer, packer, handler, distributor, institutional consumer, retailer, or holder of an Illinois Egg License may be required to supply invoices, reports, or equivalent information, as may be specified by the Director of Agriculture or his agent.

e) When refusing to issue or renew, suspend or revoke a license, the Department shall conduct an administrative hearing to afford the respondent an opportunity to be heard in accordance with the provisions of Section 11.5 of the Act.

History

• Source: Amended at 19 Ill. Reg. 16933, effective January 1, 1996

8 Ill. Adm. Code 65.190 Restricted Eggs (definition, Labeling, Handling, Disposition)

a) "Restricted eggs" means shell eggs that are checks, dirties, incubator rejects, inedibles, leakers or loss. Except for the producer exemption provided in subsection (c), checks and dirties may be used for human food provided they are processed and pasteurized in an official plant.

b) "Capable of use as human food" means any egg or egg product, unless it is denatured, or otherwise identified as required by Federal regulation, to deter its use as human food (7 CFR 59 (2004)).

c) Within the classifications of eggs defined as restricted eggs, only checks and dirties are capable of use as human food, unless they are destroyed or identified and labeled for animal food. Checks and dirties shall be sold directly or indirectly only to an official plant. However, a producer may sell on his own premises where eggs are produced checks and dirties directly to household consumers, for use by the consumer and the consumer's non-paying guests.

d) Producer-dealers, packers, handlers, distributors, or retailers shall not sell on or off the premises within the State any restricted eggs to any person, including consumers, institutional consumers or employees.

e) Restricted eggs will not be given free, for use as human food, to any person, including but not limited to institutional consumers, charitable organizations, or any employee.

f) Restricted eggs may be designated for animal food only when properly decharacterized or denatured to preclude their use in food for human consumption, and each container or receptacle shall be labeled "Restricted eggs, Not to be used as human food". However, restricted eggs that are not decharacterized or denatured may be moved from one USDA licensed plant to another USDA licensed plant.

g) Inedible and loss eggs must be denatured at the point and time of segregation. If the liquid is removed from the shells, approved denaturant must be placed in the receptacle provided, before the liquid is added. If loss eggs are placed on fillerflats or in flats and fillers, or in any other manner, each layer of eggs must be denatured before another one is started. However, inedible and loss eggs under USDA inspection and control shall be handled in accordance with USDA recommendations.

h) Checks and dirties must be conspicuously labeled at the point and time of segregation with a placard or other device. Full or partial master cases containing checks and dirties must be labeled before transfer to the cooler.

i) Producer-dealers with fewer than 3000 birds, or any producers, regardless of size, who do no candling and grading, are not required to register under the Federal Egg Products Inspection Act. Producer-dealers with fewer than 3000 birds who candle and grade eggs must be licensed by the State and are subject to this Part as it applies to restricted eggs.

History

• Source: Amended at 43 Ill. Reg. 4799, effective April 15, 2019

8 Ill. Adm. Code 65.200 Denaturants

Illinois standards for use of denaturants shall be those required by the Federal Egg Products Inspection Act (21 USCA 1039) and its rules (7 CFR 59.504(c) (2004)).

History

• Source: Amended at 29 Ill. Reg. 14774, effective October 1, 2005

8 Ill. Adm. Code 65.210 Egg Inspection Fee

a) An inspection fee of 11¢ per case (30 dozen equals a case) or fraction of a case shall be imposed on all eggs bearing a designated size and grade that are offered for sale or sold in the State of Illinois.

b) The first handler in Illinois who packed and sold the eggs shall pay the prescribed inspection fee on the eggs. In the event that the eggs are shipped into Illinois, the handler who invoiced the eggs to Illinois shall pay the fee.

c) The handler paying the inspection fee shall indicate on each sales invoice the amount of the inspection fee for the transaction in addition to the price of the eggs.

d) Eggs sold or shipped out of the State of Illinois are exempt from inspection fees.

e) The inspection fee shall be paid only once on the same quantity of eggs, so long as the eggs maintain their identity by remaining in their original case, carton or container. If eggs are removed from the original case, carton or container, they are now reidentified, and a second inspection fee (same rate as the first fee) shall be paid on the eggs to the Department. However, a second inspection fee shall not be paid for eggs that are consolidation.

f) Persons responsible for the payment of the inspection fees shall report every three months the number of master containers (cases of 30 dozen eggs per case) of eggs subject to the inspection fee on forms supplied by the Department. Exception: Persons selling less than 600 master containers of eggs per year subject to the inspection fee shall report the number of master containers sold and remit fees on an annual basis at the time of license renewal. The reports shall be accompanied by a remittance in an amount corresponding to the number of master containers at the rate prescribed per master container.

1. The Director shall summon the delinquent person or firm to an administrative hearing in Springfield in which the license may be suspended or revoked if:

A) the quarterly report is established as being false or incorrect; or

B) the report is not received within 30 days after the due date.

2. The quarters are as follows: January 1 to March 31; April 1 to June 30; July 1 to September 30; October 1 to December 31.

g) The inspection fee applies to all eggs identified with a consumer Grade "AA", "A", or "B" packed loose or packaged in cartons.

History

• Source: Amended at 43 Ill. Reg. 4799, effective April 15, 2019

8 Ill. Adm. Code 65.220 Illinois Grade Standards

The standards for shell eggs for the State of Illinois shall be those standards as set by the United States Department of Agriculture for shell eggs (see 7 CFR 56 (2004)).

History

• Source: Amended at 29 Ill. Reg. 14774, effective October 1, 2005

8 Ill. Adm. Code 65.230 Administrative Hearings (Repealed)

History

• Source: Repealed at 19 Ill. Reg. 16933, effective January 1, 1996

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 70 Horsemeat

8 Ill. Adm. Code 70.10 Enforcement

The Director of the Department of Agriculture, and the authorized agents of that Department, are charged with the enforcement of said Act and shall exercise the authority therein conferred.

8 Ill. Adm. Code 70.20 Consent Statement

The licensee will be required to sign a consent statement on the license application, which will permit authorized Department personnel entrance onto the premise for inspection during reasonable business hours or at other times as deemed necessary by the Department to properly enforce the Act.

History

• Source: Amended at 7 Ill. Reg. 859, effective January 10, 1983

8 Ill. Adm. Code 70.30 Types of License

Each person, partnership, or corporation engaged in the business of either a slaughterer, processor, or wholesale distributor of horse meat shall have a separate license for each type of operation and each place of business.

8 Ill. Adm. Code 70.40 Breeders and Raisers of Fur-Bearing Animals

A breeder and raiser of fur-bearing animals who slaughters only for his own use may apply for a $10 license; however, if he sells horse meat to anyone – even another breeder and raiser of fur-bearing animals – he must apply for a $50 license.

8 Ill. Adm. Code 70.50 Processor's License

A processor's license must be had by any establishment which in any way processes or packages horse meat, or any product containing horse meat, in any form for sale either retail or wholesale, except a licensed slaughterer who merely denatures horse meat for sale to a processor.

History

• Source: Amended at 7 Ill. Reg. 859, effective January 10, 1983

8 Ill. Adm. Code 70.60 Retail Sale (Repealed)

History

• Source: Repealed at 7 Ill. Reg. 859, effective January 10, 1983

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 70 Horsemeat

8 Ill. Adm. Code 70.70 Interstate Sale

Nothing in this Act shall prevent undenatured horse meat coming from a federally inspected plant outside this state through the State of Illinois for sale in another state. However, if such undenatured horse meat shall be held over, or stopped, or delayed, or stored in the State of Illinois, it must be stored in a cold storage warehouse licensed by the State of Illinois. A monthly report shall be submitted of all such transactions covering inventory changes during the month, including the incoming quantity and re-disposition of the outgoing quantity of such horse meat.

History

• Source: Amended at 7 Ill. Reg. 859, effective January 10, 1983

8 Ill. Adm. Code 70.80 Identification by Roller Stamp

When an animal is slaughtered the entire carcass must be identified as HORSE MEAT, immediately after the hide has been removed, by means of a roller stamp using green ink. It shall be stamped so that no surface of 6 square inches or more of the carcass shall be without the stamp HORSE MEAT to identify it as such. This rule does not apply to a breeder or raiser of fur-bearing animals who may hand-stamp the carcasses. This rule does not apply to whole, half, or quarter carcasses of horse meat slaughtered in a federally inspected plant under supervision of the U.S. Department of Agriculture (U.S.D.A.) and stamped by the U.S.D.A. in accord with the Federal regulations (9 CFR 312.3; 1999).

History

• Source: Amended at 23 Ill. Reg. 9771, effective August 9, 1999

8 Ill. Adm. Code 70.90 Denaturing

"Denaturing" methods defined:

a) Charcoal. When charcoal is used, it shall be in powdered or pulverized form fine enough to pass through a 10 to 14 U. S. standard mesh.

b) Bone. Bone means enough ground bone present in the ground horse meat, so that it can be easily felt when rubbing the ground meat between one's fingers.

c) Color. Where coloring matter or ink is used for denaturing or stamping, only green coloring shall be used, and shall be of ingredients approved by the Department of Agriculture.

d) Hearts and livers need not be ground but shall be freely slashed and shall be colored green.

e) All horse meat must be ground, chopped, or comminuted so that no portion shall be greater than ¾" in any dimension, and the mass shall be denatured. The only exception to this will be the sale of the whole carcass, half carcass, or quarter carcass which may be sold to a licensed processor after proper denaturing. Where the whole carcass, half carcass, or quarter carcass is to be denatured, it must be freely slashed at least ½" deep before the charcoal or coloring is thoroughly applied.

History

• Source: Amended at 7 Ill. Reg. 859, effective January 10, 1983

8 Ill. Adm. Code 70.100 Chilling

Immediately after the carcass is stamped it shall be placed in the chill room at 50 degrees F. for a minimum of 48 hours and shall be denatured upon removal from the cooler.

History

• Source: Amended at 7 Ill. Reg. 859, effective January 10, 1983

8 Ill. Adm. Code 70.110 Marking Vehicles Used in Distribution

All vehicles owned and operated by a slaughterer or wholesale distributor shall be plainly marked with the name, street address, city, and license number issued by the Department to said slaughterer or distributor on both sides of vehicle in letters at least 3 inches in height.

History

• Source: Amended at 7 Ill. Reg. 859, effective January 10, 1983

8 Ill. Adm. Code 70.120 Special Permits (Repealed)

History

• Source: Repealed at 7 Ill. Reg. 859, effective January 10, 1983

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 70 Horsemeat

8 Ill. Adm. Code 70.130 Sanitary Requirements

The premises on which animals are slaughtered, processed or wholesaled must be constructed and maintained in conformity with requirements of the Illinois Sanitary Inspection Act [410 ILCS 650]:

a) Floors shall be constructed of concrete, be smooth and sloped to drain. The junction of floors and walls should be curbed. Corners shall be rounded to avoid angles which collect and hold dirt and grease. A space may be curbed in the floor for bleeding purposes if desired.

b) Sidewalls and ceilings shall be smooth and watertight. If constructed of wood, use smooth-dressed matched lumber and paint with a light-colored washable paint.

c) All doors and windows shall be effectively screened.

d) One or two catch basins should be installed to catch solids and grease before waste water reaches cesspool or natural drainage. Catch basins should be kept covered except when being cleaned, unless public sewerage is available.

e) Rails should be installed, so that the rails are 11 feet from floor.

f) All tables and bench tops should be tight fitting and of hardwood or metal frame with wood inserts which can be easily cleaned.

g) All meat when stored or transported must be protected from contamination and kept at a temperature sufficient to prevent spoilage or decomposition.

h) All offal shall be kept in cooler until removed by the scavenger. Offal containers shall be cleaned with hot water or steam daily when in use, and sprayed with a disinfectant if kept outside.

i) All drums, buckets, and cans used in establishment for handling or delivery purposes shall be of metal, and the words HORSE MEAT in letters of two inches in height shall be stenciled in white on two sides of container.

j) Outside premises should be graded to provide proper drainage and grounds kept clean and free of refuse. Stock pens should have concrete floors and be kept clean.

History

• Source: Amended at 18 Ill. Reg. 14906, effective September 26, 1994

8 Ill. Adm. Code 70.140 Records and Inventory

All persons, firms, or corporations must keep records that will fully and correctly disclose all transactions involved in their business. The Department's representative shall be afforded access to such records and inventory during regular business hours, or at such other times as deemed necessary by the Department, to copy any record or make any inspection necessary to properly enforce the Act.

8 Ill. Adm. Code 70.150 Samples

Any authorized representative of the Department must be allowed access to inventory in order to inspect and to take reasonable samples for determining compliance with this Act.

8 Ill. Adm. Code 70.160 Transportation and Transactions

No person, firm, or corporation shall buy, sell, transport, offer for sale, receive, or transport in commerce any slaughtered horses, mules, or other equines or parts of carcasses of such animals unless such transportation or transaction is in compliance with this Act.

Part 75 Bovine Brucellosis

8 Ill. Adm. Code 75.5 Definitions

The definitions for this Part shall be as stated in 8 Ill. Adm. Code 20.1. The following definitions shall also apply:

"Act" means the Illinois Bovine Brucellosis Eradication Act [510 ILCS 30].

"Registered animal" means an animal for which individual records of ancestry are recorded and maintained by a breed association whose purpose is the improvement of the bovine species, and for which individual registration certificates are issued and recorded by the breed association. The breed associations recognized by the Department are those recognized by the United States Department of Agriculture (USDA) (9 CFR 51.1, 2011).

History

• Source: Amended at 36 Ill. Reg. 13591, effective September 1, 2012

8 Ill. Adm. Code 75.7 Incorporation by Reference

No incorporation by reference in this Part includes any future amendments, additions or deletions beyond the date specified.

History

• Source: Added at 9 Ill. Reg. 4483, effective March 27, 1985

8 Ill. Adm. Code 75.10 Official Classification of the Results of the Brucellosis Blood Test

a) The official tests and classification of results for the brucellosis blood and milk tests shall be as prescribed in the Brucellosis Eradication Uniform Methods and Rules as approved by the United States Animal Health Association (P.O. Box K227, Suite 114, 1610 Forest Avenue, Richmond, Virginia 23228, October 1, 2003) and the USDA and/or 9 CFR 78.1 (2011).

b) The Buffered Acidified Plate Antigen (BAPA) test or other official test approved by the USDA and Department shall be the official tests used at licensed livestock auction markets in the State.

c) The official brucellosis test for cattle or bison imported into Illinois shall be one conducted at an approved laboratory.

History

• Source: Amended at 36 Ill. Reg. 13591, effective September 1, 2012

8 Ill. Adm. Code 75.15 Permits to Conduct Official Brucellosis Tests

a) A permit to operate a laboratory to conduct blood serum agglutination tests for brucellosis will be issued when the applicant has:

1. Completed a Department permit application and returned it to the Department.

2. Received oral instruction on testing procedures from Department personnel.

3. Completed a check test conducted at a Department-approved laboratory of 100 bovine brucellosis serum samples, with a score of at least 90% accuracy.

b) Retesting of the person permitted to operate a laboratory to conduct brucellosis tests will occur when tests performed by the permittee fail to disclose three or more reactors as determined by confirmation tests at a Department-approved laboratory.

c) The Department may suspend or revoke a permit to operate a laboratory when the permittee does the following:

1. Fails to follow the instructions provided by the Department regarding testing procedures and required testing equipment.

2. Fails to maintain the laboratory and laboratory equipment in a clean and sanitary condition.

3. Fails to keep all required reagents, forms and testing supplies under the control of the permittee at all times.

4. Fails to submit testing records and blood serum samples to the Department as prescribed for confirmatory testing.

5. Fails retesting as provided for in subsection (b).

History

• Source: Amended at 36 Ill. Reg. 13591, effective September 1, 2012

8 Ill. Adm. Code 75.20 Reports Required

a) The veterinarian is required to report in writing to the Department all brucellosis blood tests within seven days of the date of test. The report must accompany the blood sample and shall be reported on forms furnished by the Department. This report shall contain the date of the test, a statement of results obtained, the name and address of the owner, together with proper identification of each animal tested. The identification of a grade animal shall include the predominating breed, sex, approximate age, and ear tag or microchip number. A purebred or crossbred registered animal shall be identified by its breed, sex, age, and registration number or record association approved individual tattoo or microchip.

b) The veterinarian shall report in writing to the Department all brucellosis vaccinations of cattle within 30 days of the date of vaccination.

History

• Source: Amended at 20 Ill. Reg. 1509, effective January 12, 1996

8 Ill. Adm. Code 75.30 Tests Conducted at State Expense or for Interstate or Export Shipment

The official test for the detection of bovine brucellosis, if tests are made at State expense or for interstate or export shipment, shall be one made by an approved laboratory. Tests of a herd shall be made at State expense when a reactor has been revealed through the Market Cattle Identification Program. Tests made for interstate or export shipment shall be at owner's expense.

History

• Source: Amended at 8 Ill. Reg. 5891, effective April 23, 1984

8 Ill. Adm. Code 75.40 Tests Conducted at Owner's Expense for Intrastate Movement (repealed)

History

• Source: Repealed at 18 Ill. Reg. 1833, effective January 24, 1994

8 Ill. Adm. Code 75.50 Indemnity

a) If State funds are available, indemnity will be paid to owners of dairy and breeding cattle which react to the official test for the detection of bovine brucellosis and are destroyed provided:

1. Tests are read at an approved laboratory.

2. A report has been received from the veterinarian that the entire herd has been officially tested, except calves under 6 months of age and official vaccinates under 24 months of age for beef breeds and 20 months of age for dairy breeds.

3. Indemnity forms are completed by an accredited veterinarian or a regularly employed State or Federal veterinarian and all the requirements of Sections 4 and 5 of the Act governing the payment of indemnity are observed.

b) Indemnity will not be paid for reactors disclosed on tests for release of feeder quarantine in accordance with Section 6.3 of the Act or where incomplete herd tests are conducted.

c) When State funds are available for paying indemnity, the Department shall pay to the owner an indemnity at the rate specified in Section 4 of the Act for each female calf destroyed which was nursing a cow classified as a brucellosis reactor.

d) Depopulation – When a herd is found to be severely infected as evidenced by disclosure of one or more reactors on 2 or more herd tests, or by more than 10% of the herd being disclosed as reactors on a single herd test, or through bacteriological culture of Brucella abortus from milk or tissue samples from a reactor, the entire herd shall be depopulated; provided, the herd owner agrees to such depopulation and State and/or federal indemnity funds are available to pay for the depopulation.

1. When the complete herd depopulation procedure is followed, and when State and United States Department of Agriculture funds are available, the State shall pay to the owner of cattle destroyed an indemnity of $50 for any nonregistered animal and $100 for any registered purebred or crossbred animal.

2. If at any time the United States Department of Agriculture fails to provide indemnity for herd depopulation, the State of Illinois shall, if State funds are available, pay to the owner of cattle destroyed an additional indemnity of $50 for any nonregistered beef animal and $250 for any registered beef or dairy and nonregistered dairy animal. For the purpose of this Section, "dairy animal" means a female bovine over 20 months of age, which has calved or is within 90 days of parturition and which is a member of a dairy herd used to produce milk for commercial use.

History

• Source: Amended at 20 Ill. Reg. 1509, effective January 12, 1996

8 Ill. Adm. Code 75.60 Identification of Cattle or Bison

a) All purebred or crossbred cattle or bison subject to registration vaccinated with brucella abortus vaccine shall be identified on the report of vaccination by their registration number, or record association approved individual tattoo or microchip. All grade or not permanently identified cattle or bison so vaccinated shall be ear tagged in the right ear with an official identification tag. In addition to the above identification, all animals shall be identified at the time of vaccination by a tattoo in the right ear. When using an RB-51 vaccine, the tattoo shall show the letter "R", then the Federal shield followed by the last number of the year the animal was vaccinated (example, RV6 would be an animal vaccinated with the RB-51 vaccine in 1996).

b) All cattle or bison, except permanently identified purebred or crossbred animals, subject to registration in a recognized breed association, tested for brucellosis in the State of the Illinois shall be identified by an official ear tag placed in the right ear.

c) Purebred or crossbred registered cattle or bison may be identified for test or vaccination by the purebred or crossbred registration number or individual registration breed tattoo or microchip.

History

• Source: Amended at 43 Ill. Reg. 4811, effective April 15, 2019

8 Ill. Adm. Code 75.70 Herds Revealing Reactors

a) The entire herd shall be placed under quarantine and the reactor animals shall be immediately isolated from the remainder of the herd. Reactors shall be shipped for slaughter to a public stockyards, or a marketing center, or directly to a recognized slaughtering establishment, accompanied by United States Department of Agriculture VS Form 1-27 Permit For Movement of Animals and shipment reported to the Department. Reactors shall not be diverted from the destination listed on the VS Form 1-27, and any other shipping forms must accompany the cattle or bison to their destination. The buyer of such animals must also ensure that the VS Form 1-27 and any other shipping forms are given to the driver transporting the animals to their destination.

b) All reactors shall be reactor tagged and branded by an accredited veterinarian or a veterinarian in the employ of the Department or the Animal and Plant Health Inspection Service within 10 days after report by the laboratory. ADE Form 1-23 (Indemnity Claim for Cattle Slaughtered) shall be submitted in duplicate. Such reactor animals shall be shipped within 15 days after tagging and branding.

History

• Source: Amended at 23 Ill. Reg. 397, effective January 1, 1999

8 Ill. Adm. Code 75.80 Sale of Suspects and Negative Animals from Quarantined Herds

Suspects or negative exposed animals from herds under quarantine may be shipped by the owner direct to a recognized slaughtering establishment, a public stockyards, marketing center or to a licensed livestock auction market, accompanied by Federal Form VS 1-27 to be sold for slaughter only and shipment reported to the Department. Suspects shall not be diverted from the destination listed on the VS Form 1-27, and any other shipping forms must accompany the cattle or bison to their destination. The buyer of such animals must also ensure that the VS Form 1-27 and any other shipping forms are given to the driver transporting the animals to their destination. Such cattle or bison are to be identified by an ear tag supplied by the Department and by branding with a hot iron the letter "S" on the left hip in letters not less than 2 nor more than 3 inches in height, before the animals leave the premises where they are quarantined, except that cattle or bison for slaughter shall be exempt from the "S" branding requirements of this regulation when moved direct from a feedlot on the quarantined premises to a recognized slaughtering establishment in a vehicle which has been sealed by a Department employee, or a person designated by the Department.

History

• Source: Amended at 23 Ill. Reg. 397, effective January 1, 1999

8 Ill. Adm. Code 75.90 Release of Herds of Cattle or Bison Under Quarantine

a) Herds that disclose reactors shall be quarantined until depopulated or official tests indicate brucellosis infection no longer exists in the herd.

b) An additional official test of all test-eligible cattle or bison in the herd is required not less than 6 months after release of the herd quarantine or not less than 10 months after removal of the last reactor. For the purpose of this Section, "test-eligible" cattle or bison means all cattle or bison 6 months of age or over except steers, spayed heifers, and official brucellosis calfhood vaccinates under 24 months of age for beef breeds or bison and 20 months of age for dairy breeds.

c) The herd retests shall be conducted at State-Federal expense if funds are available. The blood samples shall be submitted for diagnosis to an approved laboratory.

History

• Source: Amended at 36 Ill. Reg. 13591, effective September 1, 2012

8 Ill. Adm. Code 75.100 Herds Revealing Suspects Only

Only the suspects are restricted, using State Form C-41, and only the suspects need to be retested at 30-day intervals until all suspects test negative. Retest of suspects shall be conducted at State-Federal expense, provided funds are available.

History

• Source: Amended at 8 Ill. Reg. 5891, effective April 23, 1984

8 Ill. Adm. Code 75.110 Identification Tags

No person shall remove identification tags, numbers, brands, ear tags, microchips, or market cattle identification program backtags from livestock except:

a) Backtags shall only be removed when an animal is blood tested or is slaughtered and a Market Cattle Identification sample collected.

b) Identification tags shall be removed only when an animal is slaughtered and a Market Cattle Identification sample collected.

History

• Source: Amended at 20 Ill. Reg. 1509, effective January 12, 1996

8 Ill. Adm. Code 75.120 Requirements for Establishing and Maintaining Certified Brucellosis-Free Herds of Cattle or Bison

Certified brucellosis-free herds shall be established and maintained in accordance with the Brucellosis Eradication Uniform Methods and Rules as approved by the United States Animal Health Association (P.O. Box K227, Suite 114, 1610 Forest Avenue, Richmond, Virginia 23228; October 1, 2003) and the USDA and/or 9 CFR 78.1 (2011).

History

• Source: Amended at 36 Ill. Reg. 13591, effective September 1, 2012

8 Ill. Adm. Code 75.130 Feeding or Grazing Cattle

a) All steers, spayed heifers and calves under 6 months of age may enter Illinois when accompanied by an official interstate health certificate or by a permit from the Department. A permit may be obtained by telephoning or writing the Department. Steers and spayed heifers are not subject to quarantine restrictions.

b) Heifers, untested, over 6 months of age and under 18 months for feeding and grazing purposes only from Non-Brucellosis Class Free States or areas may enter Illinois when accompanied by an official interstate health certificate and a permit from the Department. They are placed under quarantine at destination and shall be held under quarantine for the period of feeding, not to exceed 12 months, with an extension of 90 days granted on request to the Department. Heifers, untested, over 6 months of age and under 18 months for feeding and grazing purposes only from Class Free States may enter Illinois when accompanied by an official interstate health certificate and will not be placed under quarantine at destination.

c) The owner shall report to the Department the disposition of heifers that are under quarantine for feeding and grazing purposes. If those heifers are retained longer than the allowed feeding period, they shall be tested for brucellosis at the owner's expense. All brucellosis blood tests for release of quarantine shall be conducted at an approved laboratory.

History

• Source: Amended at 36 Ill. Reg. 13591, effective September 1, 2012

8 Ill. Adm. Code 75.140 Sale of Quarantined Feeding or Grazing Cattle

The sale or transfer of feeding or grazing cattle under quarantine is permitted provided that the original quarantine holder shall, within 10 days, report to the Department such transfer of quarantined animals, giving name and address of person to whom animals were transferred, date of transfer, and number of animals transferred. There may be one transfer of ownership only. No second transfer of quarantine will be permitted. The feeder animals which were transferred will be quarantined to the new owner for the remainder of the feeding period and any extension thereof granted by the Department.

History

• Source: Amended at 20 Ill. Reg. 1509, effective January 12, 1996

8 Ill. Adm. Code 75.150 Cattle or Bison for Immediate Slaughter

Cattle or bison for immediate slaughter accompanied by a consignment and consigned to a recognized slaughtering establishment or markets identified under Section 17a of the Act may be shipped into Illinois without brucellosis test or official interstate health certificate. Such cattle or bison shall not be diverted en route and shall be held in quarantine until slaughtered within 10 days of entry.

History

• Source: Amended at 21 Ill. Reg. 17040, effective January 1, 1998

8 Ill. Adm. Code 75.160 Female Cattle 18 Months and Over

Female cattle 18 months of age and over, for feeding or grazing purposes only, may enter Illinois if they are accompanied by an official interstate health certificate showing:

a) Negative brucellosis blood test conducted at a state or Federal Laboratory within 30 days prior to entry; or

b) The animals to be under 24 months of age for beef breeds and under 20 months of age for dairy breeds and officially calfhood vaccinated against brucellosis; or

c) Originated from a Brucellosis Class Free State, area, or country or a certified brucellosis-free herd.

History

• Source: Amended at 36 Ill. Reg. 13591, effective September 1, 2012

8 Ill. Adm. Code 75.170 Release of Feeding or Grazing Cattle from Quarantine

The quarantine on feeding or grazing cattle is released when:

a) The owner reports to the Department the shipment of the quarantined animals to a public stockyard or a licensed livestock auction market, OR

b) The owner reports to the Department the sale of the quarantined cattle for immediate slaughter to a person regularly engaged in the slaughter of cattle, or reports the slaughter of the cattle for his own use, OR

c) The owner reports to the Department the death of the quarantined animals, OR

d) The Department receives a report of required negative brucellosis blood test conducted by an accredited veterinarian for the release of the quarantine on the animals. The report of test for release from the quarantine should bear a notation that the test is conducted for quarantine release. Such test shall be at the owner's expense. All brucellosis blood tests for release of feeder quarantine shall be conducted at an approved laboratory, OR

e) The owner reports to the Department the transfer within 10 days of the feeder females. Name and address of purchaser shall be furnished for transfer of quarantine for remainder of feeding period and any extension thereof granted by the Department.

History

• Source: Amended at 20 Ill. Reg. 1509, effective January 12, 1996

8 Ill. Adm. Code 75.180 Cattle or Bison

a) All sexually intact cattle or bison transported or moved into the State of Illinois, unless those cattle or bison are consigned directly to slaughter and delivered by the transportation company within the confines of a public stockyards, livestock auction market or marketing center, shall be accompanied by an official certificate of health showing:

1. All such cattle or bison over 6 months of age are negative to brucellosis blood test within 30 days prior to shipment; or

2. All cattle originated from a certified brucellosis-free herd or Class Free State, area, or country, or are bison from a certified brucellosis-free herd. State status is not recognized for bison. Certified herd number shall be given and the cattle or bison shall be identified by ear tag number, registration name and number, dam's registration number, or record association approved individual tattoo; or

3. Cattle are official brucellosis calfhood vaccinates under 24 months of age for beef breeds or bison and 20 months of age for dairy breeds.

b) All unvaccinated heifers over 6 months of age, bulls more than 18 months of age originating from Non-Brucellosis Class Free States, areas, or countries, and bison over 6 months of age moving through an out-of-state auction market or marketing center must be accompanied by an official health certificate showing a negative test for brucellosis within 30 days prior to entry. Official brucellosis calfhood vaccinates do not need to be tested until they are 24 months of age for beef breeds and bison and 20 months of age for dairy breeds.

History

• Source: Amended at 36 Ill. Reg. 13591, effective September 1, 2012

8 Ill. Adm. Code 75.190 Additional Requirements on Cattle and Bison from States Designated as Class B and Class C States

a) In addition to other entry requirements, a prior permit must be obtained for all cattle or bison, except those consigned directly to slaughter or calves under 6 months of age except as further provided for in this Section, entering Illinois from states designated by the U.S. Department of Agriculture as Class B and Class C under provisions of the Brucellosis Eradication Uniform Methods and Rules as recommended and approved by the United States Animal Health Association (P. O. Box K227, Suite 114, 1610 Forest Avenue, Richmond, Virginia 23228) and by the USDA (October 1, 2003). Prior permits shall be obtained by contacting the Bureau of Animal Health and Welfare, Illinois Department of Agriculture, State Fairgrounds, P.O. Box 19281, Springfield, Illinois 62794-9281, telephone 217/782-4944. Information regarding the origin, destination and description of the cattle, along with the number of animals in the shipment, is necessary for obtaining a permit.

b) Breeding cattle or bison 12 months of age or over from Class B and Class C States shall be placed under quarantine and in isolation until retested and negative to an official test for brucellosis conducted not less than 45 days nor more than 120 days after entering Illinois. Breeding cattle or bison originating from certified brucellosis-free herds are exempt from this provision.

c) All female cattle or bison born after July 1, 1985, if more than 4 months of age, except spayed heifers (female cattle or bison may be spayed after entry into Illinois with prior approval from the Department, which will be given upon receipt of the name of the veterinarian who will be performing the operation) or those consigned directly to slaughter, entering Illinois from Class B or Class C States must be official calfhood vaccinates and vaccination status shall be recorded on the official interstate health certificate. In lieu of calfhood vaccination, cattle from Class B States entering Illinois for feeding purposes only may be identified with a hot iron brand on either hip using the letter F of not less than three inches in height.

d) Female cattle or bison, except those consigned directly to slaughter, entering Illinois from Class C States shall, in addition to present entry requirements now on file, either originate from a certified brucellosis-free herd or be spayed and be officially identified by a hot iron brand on either hip using an open spade design (e.g., as used in playing cards) of not less than three inches in height. Certification of spaying by an accredited veterinarian is to be shown on the official interstate health certificate. Female cattle or bison may be spayed after entry into Illinois with prior approval from the Department, which will be given upon receipt of the name of the veterinarian who will be performing the operation.

e) Calves under two months of age not accompanied by their dams may be imported from Class C States if they meet the following requirements:

1. An entry permit shall be obtained on all shipments. All such calves shall be quarantined until shipped to slaughter or neutered (spayed or castrated).

2. All calves shall be accompanied by the Certificate of Veterinary Inspection (i.e., health certificate) and shall be individually identified by official eartags. The eartag numbers shall be recorded on the Certificate.

History

• Source: Amended at 36 Ill. Reg. 13591, effective September 1, 2012

8 Ill. Adm. Code 75.200 Slaughter Cattle and Bison from Class B or Class C States

a) Prior to movement for slaughter, all test-eligible cattle or bison of unknown status originating in Class B or Class C states in accordance with the Brucellosis Eradication Uniform Methods and Rules (October 1, 2003; as recommended and approved by the United States Animal Health Association (P.O. Box K227, Suite 114, 1610 Forest Avenue, Richmond, Virginia 23228) and by the USDA) shall:

1. Be subjected to an official test for brucellosis within 60 days prior to movement from the farm of origin, OR

2. Be subjected to an official test for brucellosis at the market or stockyards (first point testing), OR

3. Be permanently identified with a hot iron "S" brand high on the tail head and be accompanied to slaughter by USDA Form VS 1-27, OR

4. Be accompanied by USDA Form VS 1-27 and moved direct to slaughter in sealed trucks and/or compartments, with no intermediate stops.

b) For the purpose of this Section, "test-eligible" cattle or bison means all cattle 18 months of age or over, except steers, spayed heifers, and official brucellosis calfhood vaccinates under 24 months of age for beef breeds and bison and 20 months of age for dairy breeds. Finished fat heifers moving in marketing channels direct to slaughter will not be considered as test-eligible cattle or bison.

History

• Source: Amended at 30 Ill. Reg. 10067, effective May 22, 2006

8 Ill. Adm. Code 75.210 Official Calfhood Vaccination

A female bovine animal is recognized as an official vaccinate if the animal is not less than 120 days nor more than 240 days of age when inoculated against brucellosis. Such vaccinations shall be by an accredited veterinarian who shall properly identify each animal vaccinated and report all such vaccinations to the Department within 30 days (Section 1.12 of the Act).

History

• Source: Amended at 18 Ill. Reg. 1833, effective January 24, 1994

8 Ill. Adm. Code 75.220 Recognition of Brucellosis State Status

If there are multiple brucellosis classifications within a state, the lowest classification shall be recognized by this Department as the classification for that entire state. State status is not recognized for bison.

History

• Source: Amended at 21 Ill. Reg. 17040, effective January 1, 1998

8 Ill. Adm. Code 75.TABLE A Brucellosis Standard Plate Test of Officially Vaccinated Cattle and Bison (repealed)

History

• Source: Repealed at 18 Ill. Reg. 1833, effective January 24, 1994

8 Ill. Adm. Code 75.TABLE B Brucellosis Standard Plate Test of Non-Vaccinated Cattle and Bison (repealed)

History

• Source: Repealed at 18 Ill. Reg. 1833, effective January 24, 1994

Part 80 Illinois Bovidae and Cervidae Tuberculosis Eradication Act

8 Ill. Adm. Code 80.5 Definitions/Incorporations by Reference

"Accredited Tuberculosis Free State" means any state recognized as an Accredited Tuberculosis Free State as defined under the Bovine Tuberculosis Eradication Uniform Methods and Rules.

"Bovine Tuberculosis Eradication Uniform Methods and Rules" (January 1, 2005) refers to the document approved by the United States Animal Health Association (P.O. Box 28176, Suite 205, 6924 Lakeside Avenue, Richmond, Virginia 23228-0176) and the United States Department of Agriculture. This incorporation by reference does not include any future editions or amendments beyond the date specified.

History

• Source: Amended at 30 Ill. Reg. 10075, effective May 22, 2006

8 Ill. Adm. Code 80.10 Requirements for Illinois Bovine Tuberculosis-Free Accredited Cattle and Bison Herds

A cattle or bison herd qualifies as a bovine tuberculosis-free accredited herd when it meets the requirements of the Bovine Tuberculosis Eradication Uniform Methods and Rules for the establishment and maintenance of a tuberculosis-free accredited herd of cattle or bison.

History

• Source: Amended at 34 Ill. Reg. 19382, effective January 1, 2011

8 Ill. Adm. Code 80.20 When Indemnity Will Be Paid on Tests

Indemnity will be paid to owners of dairy and breeding cattle, bison or cervidae which react to the tuberculin test administered by accredited veterinarians and are destroyed provided:

a) The entire herd is tuberculin tested. Tuberculosis reactors found when there is not a complete herd test are not eligible for indemnity.

b) Feeder cattle and steers are not eligible for indemnity except when an entire herd is depopulated due to tuberculosis infection.

c) The appraisal is made by a regularly employed State or Federal veterinarian and subject to the requirements of Sections 6, 7, and 8 of the Illinois Bovidae and Cervidae Tuberculosis Eradication Act [510 ILCS 35/6, 7 and 8]. The appraisal value of the animal shall be based upon the breeding value of such animal at the moment of appraisal, taking into consideration the age, breed, health status, weight and market value at slaughter.

History

• Source: Amended at 21 Ill. Reg. 17070, effective January 1, 1998

8 Ill. Adm. Code 80.30 Herds Quarantined Because of Suspected Tuberculosis Infection

a) Cattle, bison, goat, sheep, antelope or cervid herds or flocks suspected of being infected with bovine tuberculosis (Mycobacterium bovis) shall immediately be quarantined and the entire herd tuberculin tested. All tuberculin tests on such herds are to be conducted by veterinarians employed by the United States Department of Agriculture or the Illinois Department of Agriculture.

b) Procedures for release of quarantine on such herds are as follows:

1. If the initial herd test is negative, quarantine shall be released unless epidemiological evidence, such as infection in surrounding herds or continued exposure to tuberculosis, necessitates leaving the quarantine in place.

2. If a reactor is disclosed on the initial herd test, or on test of individual animals in the herd, but the slaughtered reactor does not exhibit gross lesions indicative of tuberculosis, the quarantine shall be released upon completion of one additional negative herd test conducted not less than 60 days following the initial herd test.

3. If a reactor is disclosed on initial herd test, or on test of individual animals in the herd, and the slaughtered reactor shows gross lesions indicative of tuberculosis, but Mycobacterium bovis is not confirmed by laboratory examination of tissues from the slaughtered animal, the quarantine shall be released following completion of two negative complete herd retests. The first herd retest shall be conducted not less than 60 days following the initial herd test on which the reactor was disclosed and the second herd retest shall be conducted not less than 6 months or more than one year following the first negative herd retest. After such herds have been released from quarantine, they must pass a negative herd test annually for two years following release of the quarantine.

4. If a reactor is disclosed on initial herd test, or on test of individual animals in the herd, and the slaughtered reactor shows gross lesions indicative of tuberculosis, with Mycobacterium bovis confirmed by laboratory examination of tissues from the slaughtered animal, the herd shall be depopulated if the owner is agreeable and if funds are available. If the herd is not depopulated, it shall remain under quarantine so long as it remains intact.

History

• Source: Amended at 21 Ill. Reg. 17070, effective January 1, 1998

8 Ill. Adm. Code 80.40 Identification Tags Not to Be Removed

No person shall remove identification tags, numbers, or brands from cattle, bison, sheep, goats, antelope or cervidae.

History

• Source: Amended at 21 Ill. Reg. 17070, effective January 1, 1998

8 Ill. Adm. Code 80.50 Infected Herd Depopulation (Repealed)

History

• Source: Repealed at 8 Ill. Reg. 17809, effective October 1, 1984

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 80 Illinois Bovidae and Cervidae Tuberculosis Eradication Act

8 Ill. Adm. Code 80.60 Cattle for Immediate Slaughter (repealed)

History

• Source: Repealed at 8 Ill. Reg. 17809, effective October 1, 1984

8 Ill. Adm. Code 80.70 Feeding or Grazing Cattle from Non-Accredited Bovine Tuberculosis-Free States

a) All steers and spayed heifers and calves of the beef breeds under 6 months of age from Non-Accredited Tuberculosis-Free States may enter Illinois when accompanied by an official interstate certificate of veterinary inspection and a permit from the Department. The certificate of veterinary inspection must show that the animals originate from a herd where a complete negative herd test has been conducted within the past 12 months, and the individual animal must have an individual negative tuberculin test conducted within 30 days prior to entry.

b) Heifers, of the beef breeds over 6 months of age and under 18 months for feeding and grazing purposes only may enter Illinois when accompanied by an official interstate certificate of veterinary inspection and a permit from the Department. The certificate of veterinary inspection must show that the animals originate from a herd where a complete negative herd test has been conducted within the past 12 months, and the individual animal must have an individual negative tuberculin test conducted within 30 days prior to entry.

History

• Source: Amended at 34 Ill. Reg. 19382, effective January 1, 2011

8 Ill. Adm. Code 80.80 Female Cattle – Beef Breeds – 18 Months and Over from Non-Accredited Bovine Tuberculosis-Free Areas or Canadian Provinces

Female cattle of the beef breeds 18 months of age and over, for feeding or grazing purposes only, may enter Illinois from Non-Accredited Bovine Tuberculosis-Free States or Canadian provinces that are not tuberculosis free, or may be shipped from public stockyards within the State, if they are accompanied by an official interstate certificate of veterinary inspection showing that the animals originate from a herd where a complete negative herd test has been conducted within the past 12 months, and the individual animals must have an individual negative tuberculin test conducted within 30 days prior to entry.

History

• Source: Amended at 34 Ill. Reg. 19382, effective January 1, 2011

8 Ill. Adm. Code 80.90 Sale of Quarantined Feeding or Grazing Cattle (Repealed)

History

• Source: Repealed at 8 Ill. Reg. 17809, effective October 1, 1984

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 80 Illinois Bovidae and Cervidae Tuberculosis Eradication Act

8 Ill. Adm. Code 80.100 Release of Feeding or Grazing Cattle from Quarantine (repealed)

History

• Source: Repealed at 8 Ill. Reg. 17809, effective October 1, 1984

8 Ill. Adm. Code 80.110 Breeding Cattle

All breeding cattle entering or being exhibited in the State of Illinois from Accredited Bovine Tuberculosis-Free States shall be accompanied by an official certificate of veterinary inspection issued by an accredited veterinarian. No tuberculin test is required for breeding cattle originating from Accredited Bovine Tuberculosis-Free States. Breeding cattle entering or being exhibited in Illinois from a state that is not Bovine Tuberculosis Accredited Free or a Canadian province that is not bovine tuberculosis free shall be accompanied by an official certificate of veterinary inspection issued by an accredited veterinarian showing:

a) Breeding cattle are individually identified by ear tag number, tattoo number or registration name and number;

b) Breeding cattle entering for exhibition originated from a herd where a complete negative herd test was conducted within the past 12 months and the individual animals entering Illinois were negative to one tuberculin test conducted within 30 days prior to entry or exhibition;

c) Breeding cattle originated from a herd where a complete negative herd test was conducted within the past 12 months and the individual animals entering Illinois were negative to two additional tuberculin tests conducted within 180 and 30 days prior to entry; or

d) If Illinois is not an Accredited Tuberculosis-Free State, breeding cattle originating in Illinois were negative to a tuberculin test conducted within 90 days prior to exhibition.

History

• Source: Amended at 34 Ill. Reg. 19382, effective January 1, 2011

8 Ill. Adm. Code 80.120 Tuberculin Tests

a) The caudal fold test shall be the official tuberculin test for testing of cattle, bison, sheep, goats, and antelope not known to be infected with, or exposed to, bovine tuberculosis. The caudal fold test shall be applied by accredited veterinarians or by full-time State or Federal regulatory veterinarians.

b) The comparative cervical test shall be the official tuberculin test for retesting suspects. The comparative cervical test shall be applied only by full-time employed State or Federal regulatory veterinarians. The comparative cervical test must be applied within 10 or not less than 60 days, 90 days in the case of cervidae, following the initial caudal fold injection. In approved cervidae, an official USDA approved blood test must be used in cases in which the initial test was an official USDA approved blood test. The second blood test can be conducted no sooner than 30 days after the first blood test was conducted.

c) The single cervical test shall be the official tuberculin test for retesting known infected herds and exposed cattle, bison, sheep, goats, antelope or cervidae which were once part of a known infected herd and is the official tuberculin test for any type of testing for cervidae. In approved cervidae, an official USDA approved blood test can be used in place of the single cervical tuberculin test. The single cervical test and official USDA approved blood test shall be applied only by full-time employed State or Federal regulatory veterinarians or by designated accredited veterinarians as defined by the Uniform Methods and Rules for Tuberculosis Eradication in Cervidae.

History

• Source: Amended at 38 Ill. Reg. 20648, effective October 16, 2014

8 Ill. Adm. Code 80.130 Establishing and Maintaining Accredited Tuberculosis-Free Goat Herds

a) General Requirements

1. Accredited tuberculosis-free herd certificates, which shall be valid for one year, unless revoked due to a positive test shall be issued by the Department.

2. Certificates may be extended for a period of one year upon evidence of a negative herd retest and compliance with all requirements for maintenance of an accredited tuberculosis-free herd.

3. A "herd" shall be considered as including all animals 12 months of age and over and shall consist of at least 5 animals.

4. All animals in the herd shall be identified by registration number, individual tattoo, or ear tag.

5. All official tuberculin tests shall be conducted by an accredited veterinarian or a veterinarian in the employ of the Illinois Department of Agriculture or the United States Department of Agriculture.

b) To Qualify for Accreditation

1. Herds shall be accredited upon completion of 2 consecutive negative complete herd tests not less than 10 nor more than 14 months apart.

2. If a reaction to the tuberculin test is disclosed, the veterinarian reading the test shall, within 24 hours, notify the Department by collect telephone call and make arrangements for a veterinarian trained in conducting the comparative cervical test to retest the animal within 10 days after the original injection. If the animal is identified as a reactor as a result of the comparative cervical test, personnel from either the Illinois Department of Agriculture or the United States Department of Agriculture will issue a quarantine, supervise disposition of reactor animals, and conduct additional tests on members of the herd.

c) To Qualify for Reaccreditation

1. A negative herd test conducted within 60 days prior to the anniversary date is required for continuous accreditation. Upon receipt of a negative herd test, the Department shall extend accreditation for 12 months from the anniversary date.

2. If the annual test for reaccreditation is conducted within 60 days following the anniversary date, certification will be restored and the accreditation period will be 12 months from the anniversary date.

3. If the annual test for reaccreditation is not conducted within 60 days following the anniversary date, accreditation is cancelled and reaccreditation requirements are then the same as for initial accreditation.

4. If a reaction to the tuberculin test is disclosed at the time of the reaccreditation test, the procedure outlined in subsection (b)(2) of this Section shall be followed.

d) Additions to Accredited Tuberculosis-Free Herds

1. Animals originating from other accredited herds may be added without tests.

2. Animals originating from herds not accredited may be added, provided they are negative to an official test for tuberculosis within 60 days prior to addition and are retested and negative to an official tuberculin test not sooner than 60 days from the date the previous test was conducted.

3. Purchased additions shall not receive new herd status for sale or exhibition purposes until they have been members of the herd for at least 60 days and are included in a complete herd retest.

History

• Source: Amended at 24 Ill. Reg. 1003, effective January 10, 2000

8 Ill. Adm. Code 80.140 Cervidae

a) All cervidae entering Illinois shall comply with the following:

1. Animals originating from:

A) Accredited Bovine Tuberculosis-Free Areas shall be negative to two single cervical tests using 0.1 PPD Bovis tuberculin in the midcervical region with reading by observation and palpation at 72 hours, plus or minus 6 hours, no less than 90 days apart, with the second test conducted within 90 days prior to the movement, for all animals 12 months of age and over that were isolated from all other members of the herd during the testing period, unless they originate from an accredited, qualified or monitored herd. As an alternative to the single cervical tests, approved cervidae shall be negative to two USDA official blood tests for tuberculosis conducted no less than 30 days apart with the second test conducted within 90 days prior to the movement.

i) Cervidae from an accredited herd may be moved into Illinois without further tuberculosis testing provided that they are accompanied by a certificate stating that such cervidae originated from an accredited herd.

ii) Cervidae originating from qualified or monitored herds may enter Illinois with a negative single cervical test or, for approved cervidae, USDA official tuberculosis blood test within 90 days prior to importation and a certificate stating that the animals originate from a monitored herd.

B) Non-Accredited Bovine Tuberculosis-Free Areas or Canadian provinces that are not tuberculosis free and that originate from a herd where a complete herd test has been conducted within the past year, and all animals found negative to an official USDA tuberculosis blood test, for approved cervidae, or a single cervical test using 0.1 PPD Bovis tuberculin in the midcervical region with reading by observation and palpation at 72 hours, plus or minus 6 hours, shall be negative to two USDA official tuberculosis blood tests, for approved cervidae, or single cervical tests conducted within 180 and 30 days prior to entry.

C) Institutions that have been accredited by the American Zoo and Aquarium Association (AZAA) are exempt from these requirements when movement is between accredited member facilities. All other movement from AZAA-accredited members must comply with these movement requirements.

2. Be accompanied by a Certificate of Veterinary Inspection issued by an accredited veterinarian within 30 days prior to importation.

3. Be individually identified by approved eartags, microchips or tattoos.

4. Be accompanied by a permit obtained from the Department as follows:

A) Applicant for permit shall furnish the following information to the Department:

i) Name and post office mailing address of Illinois destination;

ii) Name and post office mailing address of consignor;

iii) Number of cervidae in shipment.

B) Grounds for refusal to issue permit are:

i) Violation of the Act or any rule of this Part;

ii) Presence of a disease which might endanger the Illinois livestock industry;

iii) Refusal to provide required information for the permit.

C) Permits will be issued by telephoning or writing the Department.

b) Accredited, qualified and monitored tuberculosis-free cervidae herds shall be established and maintained in accordance with the Uniform Methods and Rules for Bovine Tuberculosis Eradication with the following amendments:

1. Initial Accrediting

All test eligible captive cervids in the herd must have tested negative to at least two consecutive official tuberculosis tests conducted at 9-15 month intervals.

2. Maintenance of Accreditation

To maintain status as an accredited herd, all test-eligible captive cervids in the herd must test negative to an official tuberculosis test within 33-39 months after the anniversary date of the second consecutive negative herd test conducted under subsection (b)(1).

c) Cervidae entering Illinois must also be in compliance with the Illinois Wildlife Code [520 ILCS 5].

History

• Source: Amended at 38 Ill. Reg. 20648, effective October 16, 2014

8 Ill. Adm. Code 80.150 Goats

Goats entering Illinois for any reason, including exhibition, from states or Canadian provinces that are not Accredited Bovine Tuberculosis Free must be accompanied by a health certificate indicating that the animals originated from a herd where a complete negative herd test has been conducted within the past 12 months, and the individual animals entering Illinois are negative to a tuberculin test conducted within 30 days prior to entry.

History

• Source: Amended at 28 Ill. Reg. 2077, effective February 1, 2004

8 Ill. Adm. Code 80.160 Testing Requirements for Cattle from Non-Accredited Free Areas or Canadian Provinces

Cattle originating from Non-Accredited Free Areas or Canadian provinces that are not tuberculosis free must meet the following testing requirements prior to entry into Illinois:

a) Cattle entering Illinois for breeding purposes must originate from a herd where a complete negative herd test has been conducted within the past 12 months, and the individual animals must have had two additional negative tests within 180 and 30 days prior to entry.

b) Cattle entering Illinois for feeding or grazing purposes must originate from a herd where a complete negative herd test has been conducted within the past 12 months, and the individual animals must have had an individual test within 30 days prior to entry.

c) Cattle entering Illinois for exhibition must originate from a herd where a complete negative herd test has been conducted within the past 12 months, and the individual animals must have had one additional negative test within 30 days prior to entry.

History

• Source: Amended at 34 Ill. Reg. 19382, effective January 1, 2011

8 Ill. Adm. Code 80.170 Bison

Bison entering Illinois for any reason, other than immediate slaughter and including exhibition, must:

a) if originating from an Accredited Free State, be from an accredited tuberculosis-free herd, or the individual animal entering Illinois must have had an individual test within 30 days prior to entry; or

b) if originating from a Non-Accredited Free State or Canadian province that is not tuberculosis free, originate from a herd where a complete negative herd test has been conducted within the past 12 months, and the individual animal must have had two additional negative tests within 180 and 30 days prior to entry.

History

• Source: Amended at 30 Ill. Reg. 10075, effective May 22, 2006

8 Ill. Adm. Code 80.180 Illinois Exhibition Animals Returning from Non-Accredited Free States

Any Illinois cattle, bison, cervidae or goats being exhibited in Non-Accredited Free States or Canadian provinces that are not tuberculosis free must be isolated from the remainder of the herd/flock upon return to Illinois and retested for tuberculosis 60-120 days post entry.

History

• Source: Amended at 28 Ill. Reg. 2077, effective February 1, 2004

8 Ill. Adm. Code 80.190 Animals Entering Illinois from Non-Accredited Free States, Canadian Provinces or Areas; Permit Required

Any cattle, bison, cervidae or goats entering Illinois for any reason other than immediate slaughter from Non-Accredited Free States, Areas, or Canadian provinces that are not tuberculosis free are required to obtain a prior permit from the Department that is good for 72 hours.

a) The applicant for permit shall furnish the following information to the Department:

1. name and mailing address of Illinois destination;

2. name and address of consignor; and

3. number of animals in shipment.

b) Grounds for refusal to issue a permit are:

1. violation of the Act or any rule contained in this Part; and

2. presence of a disease that might endanger the Illinois livestock industry.

History

• Source: Amended at 28 Ill. Reg. 2077, effective February 1, 2004

Part 85 Diseased Animals

8 Ill. Adm. Code 85.5 Definitions

Definitions applicable to this Part are located in the general definitions Section (8 Ill. Adm. Code 20.1). The following definitions shall also apply to this Part:

"Accredited veterinarian" means a veterinarian who is licensed by the state in which he practices, is approved by the animal health authority of that state, and is accredited by the USDA (9 CFR 160, 161 and 162; 2009).

"CWD Certified Monitored Herd Management Agreement" means a document provided by the Department that is completed by an owner of a cervid herd and submitted for approval by the Department.

"CWD Herd Plan" means a written management agreement that sets forth steps to eradicate, control the risk of, or prevent the introduction of CWD in CWD-Positive herds, CWD-Exposed or -Suspect herds, or any other cervid herd.

"Exposed to" means an animal that has come in contact with another animal or an environment that is capable of transmitting a contagious, infectious or reportable disease. An animal will no longer be considered as "exposed to" when it is beyond the standard incubation time for the disease and the animal has been tested negative for the specific disease or there is no evidence that the animal is contagious, except for animals exposed to Johne's disease. Animals originating from a herd where Johne's disease has been diagnosed will be considered no longer "exposed to" with a negative test. The negative test must have been conducted within 30 days prior to the sale or movement. [510 ILCS 50/1] An exemption to the "exposed to" language will be granted to animals originating from a herd that is enrolled in the Voluntary Johne's Disease Risk Management Program. These herds will no longer be restricted.

"Recognized slaughtering center" means an establishment where slaughtering is conducted under Federal or State inspection.

History

• Source: Amended at 38 Ill. Reg. 20655, effective October 16, 2014

8 Ill. Adm. Code 85.7 Incorporation by Reference

No incorporation by reference in this Part includes any later amendments, editions or deletions beyond the date specified.

History

• Source: Added at 9 Ill. Reg. 18411, effective November 19, 1985

8 Ill. Adm. Code 85.10 Reportable Diseases

a) Suspected cases of the following diseases shall be reported immediately to the Department:

anthrax

avian influenza

bluetongue

brucellosis − bovine, canine, swine, equine, and caprine

chronic wasting disease (CWD) − cervids

contagious equine metritis (CEM)

equine infectious anemia (EIA)

equine viral encephalitides

fowl typhoid

hog cholera

infectious encephalomyelitis − avian

infectious laryngotracheitis

monkeypox

Mycoplasma gallisepticum − turkeys

Mycoplasma synoviae − turkeys

Newcastle disease

paramyxovirus infection

paratuberculosis − (Johne's disease)

piroplasmosis

plague

pseudorabies − (Aujeszky's disease)

psittacosis − (ornithosis)

pullorum disease

Q fever

rabies

salmonella enteritidis − poultry

salmonella typhimurium − poultry

scabies − cattle and sheep

scrapie

transmissible spongiform encephalopathy (TSE)

trichinellosis

tuberculosis − bovine

tularemia

vesicular conditions of any type

West Nile Virus

any contagious or infectious disease presently considered as "exotic", i.e., not known to exist in the United States

b) Any herd owner, flock owner, veterinarian or other person having knowledge of the disease, failing to report a suspect case of any of the above diseases immediately after discovery, or who is responsible for the spread of the disease, shall be subject to penalty as provided by law.

c) Reports of any of the above diseases shall be made to the Department, telephone 217/782-4944.

History

• Source: Amended at 30 Ill. Reg. 16582, effective October 9, 2006

8 Ill. Adm. Code 85.12 Contagious or Infectious Diseases

a) The Department will designate a disease as contagious or infectious when it is determined that the disease is a threat to the animal industry. A disease will be considered a threat to the animal industry for any of the following reasons:

1. is of unknown cause or previously not a recognized disease;

2. can cause interstate or international trade restrictions;

3. is highly communicable to other animals or species;

4. has the potential to produce uncontrollable death loss; or

5. is not endemic in the animal industry.

b) The following diseases are considered to be contagious or infectious:

African horse sickness

African swine fever

akabane

anthrax

avian influenza

bluetongue

Borna disease

bovine petechial fever

brucellosis

chronic wasting disease (CWD) − cervids

contagious bovine pleuropneumonia

contagious equine metritis (CEM)

dourine

ephemeral fever

equine herpes virus (neurologic form)

equine infectious anemia (EIA)

equine viral arteritis (EVA)

equine viral encephalitides

epizootic lymphangitis

foot and mouth disease

fowl typhoid

glanders

heartwater

hemorrhagic septicemia

hog cholera

horse pox

infectious encephalomyelitis − avian

infectious laryngotracheitis

Japanese B encephalitis

Jembrana disease

louping-ill

lumpy skin disease

monkeypox

Mycoplasma gallisepticum − turkeys

Mycoplasma synoviae − turkeys

Nairobi sheep disease

Newcastle disease

peste des petits − ruminants

paramyxovirus infection − avian

paratuberculosis (Johne's disease)

piroplasmosis

plague

pseudorabies (Aujesky's disease)

psittacosis (ornithosis)

pullorum disease

Q fever

rabies

Rift Valley fever

rinderpest

salmonella enteritidis − poultry

salmonella typhimurium − poultry

scabies − cattle and sheep

scrapie

sheep and goat pox

swine vesicular disease

transmissible spongiform encephalopathy (TSE)

trichinellosis

tuberculosis

tularemia

vesicular conditions of any type

vesicular exanthema of swine

Wesselsbron disease

West Nile Virus

any contagious or infectious disease presently considered as "exotic", i.e., not known to exist in the United States or emerging and considered by the Department to be a significant threat to one or more animal population

History

• Source: Amended at 43 Ill. Reg. 4515, effective March 26, 2019

8 Ill. Adm. Code 85.15 Truck Cleaning and Disinfection

Any truck or other conveyance in which diseased livestock is transported shall be cleaned and disinfected immediately after the diseased livestock is unloaded as prescribed in the Code of Federal Regulations (9 CFR 71.7, 71.10-71.12; 2009).

History

• Source: Amended at 34 Ill. Reg. 19399, effective January 1, 2011

8 Ill. Adm. Code 85.20 Disposal of Sick, Diseased, or Crippled Animals at Stockyards, Auction Markets, or Marketing Centers

No person, firm, or corporation shall remove from any public stockyards, auction markets or marketing centers any sick, diseased or crippled animals, or animals contaminated with any chemical or radiological substance, for the purpose of producing meat to be sold for human consumption, except in cases where the Department releases such animals after antemortem inspection, provided that this restriction shall not apply to any recognized slaughtering center.

History

• Source: Amended at 34 Ill. Reg. 19399, effective January 1, 2011

8 Ill. Adm. Code 85.25 Sale of Livestock Quarantined Because of Disease

Except as otherwise provided by statute and/or rule, the sale of livestock quarantined because of disease or exposure to disease, or of animals contaminated with any chemical or radiological substance, is prohibited unless permission of the Department is first obtained. The Department will then prescribe the conditions under which such sale may be made. The factors that will be considered for sanctioning the sale of quarantined livestock include:

a) What disease is involved.

b) If a human health hazard is involved.

c) If the animals are infected or only exposed.

d) If adequate slaughtering plant facilities for handling, processing, cleaning and disinfecting are available.

History

• Source: Amended at 34 Ill. Reg. 19399, effective January 1, 2011

8 Ill. Adm. Code 85.30 Identification Ear Tags for Livestock

a) All livestock, except purebred or crossbred animals registered with an approved registry association, tested for brucellosis and/or tuberculosis in the State of Illinois, shall be identified by an official ear tag as defined at 9 CFR 78.1 (2017).

b) Purebred or crossbred animals registered with an approved registry association may be identified for test or vaccination by registration number, microchip, or record association approved individual tattoo.

History

• Source: Amended at 43 Ill. Reg. 4816, effective April 15, 2019

8 Ill. Adm. Code 85.35 Identification Tags Not to be Removed

No person shall remove identification tags, numbers, brands, ear tags, microchips, or market cattle identification program backtags from livestock to evade the provisions of the law.

History

• Source: Amended at 20 Ill. Reg. 276, effective January 1, 1996

8 Ill. Adm. Code 85.40 Livestock for Immediate Slaughter Not to be Diverted En Route

All livestock consigned for slaughter within 10 days, from public stockyards, auction market, marketing center, livestock dealer or any other point where livestock are gathered at regular intervals for immediate slaughter within Illinois, shall be accompanied by slaughter permit and slaughtered within 10 days. All such animals shall be delivered direct to a recognized slaughtering center and shall not be diverted en route.

History

• Source: Amended at 20 Ill. Reg. 13039, effective September 25, 1996

8 Ill. Adm. Code 85.45 Anthrax

a) No anthrax vaccine shall be used within the State of Illinois unless the veterinarian has secured a permit from the Department for its use. Permits will be granted for the use of anthrax vaccine only in areas where the disease is known to exist or has been known to exist.

b) No anthrax vaccine shall be sold within the State of Illinois except to licensed veterinarians who have received a permit from the Department for the use of such vaccine on designated premises or within a specified area.

c) When any animals are vaccinated against anthrax, the premises and all animals thereon shall be placed under quarantine.

History

• Source: Amended at 20 Ill. Reg. 276, effective January 1, 1996

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 85 Diseased Animals

8 Ill. Adm. Code 85.50 Goats

a) Brucellosis in Goats

1. When a serologic test for brucellosis in goats discloses one or more reactors, the entire herd shall be placed under quarantine and the reactors immediately isolated from the remainder of the herd, reactor tagged and branded, and slaughtered. After removal of the reactors, the entire herd shall be retested at time intervals and the number of times as requested by the Department. The length of the quarantine period shall be determined by the Department.

2. All brucellosis agglutination blood tests of goats shall be made at an approved laboratory.

b) Requirements for Establishing and Maintaining Certified Brucellosis-Free Herds of Goats

1. General Requirements

A) Certified brucellosis-free herd certificates, which shall be valid for one year, unless revoked due to disclosure of brucellosis in the herd, shall be issued by the Department.

B) Certificates shall be extended for a period of one year upon evidence of a negative herd retest and compliance with all requirements for maintenance of a certified brucellosis-free herd.

C) A "herd" shall be considered as including all animals 6 months of age and over and shall consist of at least 5 animals.

D) All animals in the herd shall be identified by registration number, individual tattoo, or an official approved ear tag as defined in 9 CFR 78.1 and 79.2 (2017).

E) All official blood tests of goats shall be conducted at an approved laboratory.

2. To Qualify for Certification

A) Herds shall be certified upon completion of 2 consecutive negative complete herd tests not less than 10 nor more than 14 months apart.

B) Animals classified as suspects, in herds that are otherwise negative, must be retested at 30-day intervals until their status has been determined. If the suspects are sold or otherwise disposed of before their status has been determined, the entire herd must be retested to achieve a negative herd status. If the suspects are classified as reactors upon retest, the herd is considered to be infected. Diseased goats may only be consigned directly to a slaughtering facility and must be accompanied by a "Permit for Movement, VS Form 1-27".

C) If on the initial herd test, or as a result of any retests of animals in the herd, one or more reactors are disclosed, the entire herd shall be placed under quarantine and the reactors immediately isolated from the remainder of the herd, reactor tagged and branded, and slaughtered. After removal of the reactors, the entire herd shall be retested at time intervals and the number of times as requested by the Department. The length of the quarantine period shall be determined by the Department.

3. To Qualify for Recertification

A) A negative herd test conducted within 60 days prior to the anniversary date is required for continuous certification. Upon receipt of a negative herd test, the Department shall extend certification for 12 months from the anniversary date.

B) If the annual test for recertification is conducted within 60 days following the anniversary date and all the animals are negative, certification will be restored and the certification period will be 12 months from the anniversary date.

C) If the annual test for recertification is not conducted within 60 days following the anniversary date, certification is cancelled and recertification requirements are then the same as for initial certification.

D) If suspects or reactors are disclosed on a recertification test, their disposition and herd retest requirements shall be the same as specified in subsections (b)(2)(B) and (C).

E) All official blood tests of goats shall be conducted at an approved laboratory.

4. Additions to Certified Brucellosis-Free Herds

A) Animals originating from other certified herds may be added without tests.

B) Animals originating from herds not certified may be added; provided, they are negative to an official brucellosis test within 60 days prior to addition, are held in isolation from other members of the certified herd for a minimum period of 30 days and are retested and negative at the end of this isolation period.

C) Purchased additions shall not receive new herd status for sale or exhibition purposes until they have been members of the herd for at least 30 days and are included in a complete herd retest.

c) Other Contagious Diseases. All goats, including dairy goats, will not be allowed to be exhibited in Illinois and must be removed immediately from the exhibition area if showing signs of any of the following conditions:

1. Lesions of contagious ecthyma (sore mouth).

2. Active lesions of ringworm with resulting loss of hair.

3. Caseous lymphadenitis as evidenced by draining abscesses.

History

• Source: Amended at 43 Ill. Reg. 4816, effective April 15, 2019

8 Ill. Adm. Code 85.55 Scrapie in Sheep and Goats

a) The Scrapie Eradication Uniform Methods and Rules (USDA, AHPIS 91-55-066, effective June 1, 2005) is the basis of the scrapie program within the State, except where modified by this Part.

b) No sheep or goats that are known to be from an infected or source herd or flock, or considered to be suspect or high risk animals, and no progeny of sheep or goats known to be from an infected or source herd or flock shall be transported or moved into or within the State of Illinois, except as provided for in this Part. Any sheep or goat entering Illinois from a USDA Pilot Project Herd or Flock must be approved for import by the Department and be accompanied by a Certificate of Veterinary Inspection.

c) Scrapie monitored herds or flocks may be established and maintained in accordance with the Scrapie Flock Certification Program Standards.

d) When a herd or flock has been designated as an infected or source herd or flock, the herd or flock will be placed under quarantine and will remain under quarantine until the herd or flock has been depopulated, enters into the Scrapie Flock Certification Program, or develops an approved herd or flock plan. No animals will be allowed to move from the quarantined herd or flock except for slaughter, research, medical treatment or examination, and must be accompanied by VS Form 1-27.

e) Any animal that has been determined to be a high risk animal will be restricted to the herd or flock and cannot be moved from the herd or flock unless accompanied by VS Form 1-27 and moved only for medical treatment or research or directly to slaughter.

History

• Source: Amended at 30 Ill. Reg. 16582, effective October 9, 2006

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 85 Diseased Animals

8 Ill. Adm. Code 85.60 Bluetongue

No cattle or sheep infected with or exposed to bluetongue, and no cattle or sheep from an area under quarantine because of bluetongue, may be transported within or moved into the State of Illinois.

History

• Source: Amended at 2 Ill. Reg. 24, p. 12, effective June 15, 1978

8 Ill. Adm. Code 85.65 Sheep Foot Rot (repealed)

History

• Source: Repealed at 7 Ill. Reg. 1746, effective January 28, 1983

8 Ill. Adm. Code 85.70 Cattle Scabies

a) Cattle may enter Illinois in accordance with provisions of Title 9, of the Code of Federal Regulations, Part 73, as adopted by the U.S. Department of Agriculture.

b) Cattle within Illinois known to be infested with, or exposed to, cattle scabies shall be placed under State quarantine which shall remain in effect until released by the Department after it has been determined that cattle scabies no longer exists on the premises. Such cattle shall also be officially treated for cattle scabies, or shipped to slaughter, in accordance with provisions of Memorandum of Understanding between the Illinois Department of Agriculture and the U.S. Department of Agriculture pertaining to Title 9, of the Code of Federal Regulations, Part 73, as adopted by the U.S. Department of Agriculture.

History

• Source: Amended at 5 Ill. Reg. 724, effective January 2, 1981

8 Ill. Adm. Code 85.75 Cattle Scabies - Additional Requirements on Cattle from Certain Designated Areas

a) A prior permit must be obtained from the Department before cattle, except those consigned direct to slaughter, may enter Illinois from certain designated areas determined to have high incidence of cattle scabies. The Director of the Department shall have authority to specify the designated areas from which movement of cattle into Illinois will be restricted.

b) Cattle from such areas, except those consigned to a recognized exhibition and moved from Illinois following exhibition (county and State fairs, other State-supported exhibitions, and breed registry exhibitions); dairy cattle; or those consigned direct to slaughter, shall be dipped for cattle scabies within 10 days prior to entry or treated in accordance with the procedures as set forth in 9 CFR 73.12 (2009).

c) Each such animal shall be treated with a solution of approved acaricide and water or other method of treatment approved by the USDA (9 CFR 73.10 and 73.12; 2009).

History

• Source: Amended at 34 Ill. Reg. 19399, effective January 1, 2011

8 Ill. Adm. Code 85.80 Sheep and Goats

a) All sheep and goats entering Illinois for breeding, exhibition or feeding purposes, except for sheep or goats consigned directly to an approved livestock auction market where the animals will be officially identified if required by the Scrapie Eradication Uniform Methods and Rules, shall be accompanied by an official health certificate showing the individual approved official identification and permit number issued by the Department (see Section 85.150). The health certificate shall indicate the sheep or goats were examined within 30 days prior to entry and found free of any infectious or communicable disease and that they have not recently been exposed to infectious or communicable disease (Part II-J Scrapie Eradication Uniform Methods and Rules).

b) Any sheep or goats that show lesions of contagious ecthyma (sore mouth) or club lamb fungus disease (sheep ringworm) shall not be exhibited in the State and must be removed immediately from the exhibition area.

c) All sheep or goats moving within Illinois must be officially identified to the herd or flock of birth except for:

1. Sheep or goats moving directly to an auction market or to a livestock dealer where they will be identified as necessary;

2. Sheep under 18 months of age moving directly to slaughter that have not lambed or are not pregnant; or

3. All goats moving directly to slaughter.

d) Illinois origin sheep or goats being exhibited in Illinois must be accompanied by an official Certificate of Veterinary Inspection, issued within 90 days prior to exhibition, showing official individual identification.

e) Sheep or goats originating from a herd or flock that has previously been classified as either an infected or source herd or flock can be exhibited in Illinois upon the completion of an approved herd/flock plan.

History

• Source: Amended at 30 Ill. Reg. 16582, effective October 9, 2006

8 Ill. Adm. Code 85.85 Diseased Animals

a) Any animal affected with or recently exposed to any infectious, contagious or communicable disease, or contaminated with any chemical or radiological substance, shall not be shipped or transported in any manner, or moved into the State of Illinois, except as permitted by the laws and rules of the State of Illinois.

b) Officials of the United States Department of Agriculture may approve interstate shipment of some such animals for consignment direct to a recognized slaughtering center for immediate slaughter.

c) Animals with active lesions of ringworm with resulting loss of hair or multiple warts visible without close examination will not be permitted to be exhibited in the State and must be removed immediately from the exhibition area.

d) Any animal infected with or recently exposed to any contagious or infectious disease, or contaminated with any chemical or radiological substance, cannot be moved into or within Illinois except to slaughter or to a location for medical examination or treatment. Contaminated animals can only be slaughtered by permission of the Director. Any animal infected with or exposed to any contagious or infectious disease moving through an auction market, marketing center, stockyard or sale can be sold only through slaughter only sales and must be kept separated and apart from any breeding or feeding animals on the premises.

e) Any animal that has died as a result of any contagious, infectious, or reportable disease can be moved from the premises as long as it is being disposed of under the provisions of the Illinois Dead Animal Disposal Act [225 ILCS 610].

History

• Source: Amended at 34 Ill. Reg. 19399, effective January 1, 2011

8 Ill. Adm. Code 85.90 Copy of Health Certificate Shall Be Furnished

a) A copy of the certificate of health under which livestock is brought into the State of Illinois, bearing the approval or, if not approved, the disapproval of the Animal Health Official of the state of origin, shall be furnished to the Department.

b) No person shall change the names, numbers, words, phrases or other information on an official health certificate, permit or other official document to evade the provisions of the law.

c) All official brucellosis tests of animals that are intended for interstate movement shall be made at an approved laboratory.

History

• Source: Amended at 34 Ill. Reg. 19399, effective January 1, 2011

8 Ill. Adm. Code 85.95 Requests for Permits

a) Requests for entry permits shall be directed to the Department and shall set forth the following information: Name and address of Illinois consignee, number and kind of animals, origin of shipment, and if for cattle, the age, sex, and breed of the cattle.

b) Exhibition livestock health requirements may also be secured from the Department.

History

• Source: Amended at 20 Ill. Reg. 276, effective January 1, 1996

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 85 Diseased Animals

8 Ill. Adm. Code 85.100 Consignments to Stockyards, Auction Markets or Recognized Slaughtering Centers

a) All out-of-state livestock consigned to a public stockyard, an auction market or recognized slaughtering center shall be accompanied from point of origin by a permit issued by the Department, or by a consignment issued by the owner or shipper of the livestock, designating the name of the owner or shipper, place of origin, public stockyard, recognized slaughtering center or auction market, date of shipment, and number and description of livestock and shall not be diverted en route.

b) A copy of the consignment shall be held by the public stockyard, recognized slaughtering center or auction market for a period of not less than 6 months for inspection by legally authorized officials of the United States Department of Agriculture, and the Illinois Department of Agriculture, and other officials having police powers. [225 ILCS 640/1]

History

• Source: Amended at 30 Ill. Reg. 16582, effective October 9, 2006

8 Ill. Adm. Code 85.105 Obligation of Transportation Company and Truck Operators

a) Before accepting any livestock or dogs for shipment into the State of Illinois or consigned to points within the State of Illinois, every person, transportation company, or truck operator shall require that a certificate of health or permit, or any other forms required to accompany animals or poultry as required in the regulations of the Department, be furnished them to be attached to the consignment and accompany the livestock or dog to its destination. Such person, transportation company, or truck operator shall have the certificate of health OR permit in his or its possession at all times from the loading of such livestock to the delivery of the livestock at its destination, and available for inspection upon demand. Such consignment shall show date, names of consignor and consignee, number and description of animals, and shall accompany all animals consigned to public stockyards.

b) No livestock shall be diverted en route within the State or consigned to points out of the State. When severe weather conditions, closures for any reason of slaughter plants, stockyards or auction markets, or other extenuating circumstances arise and/or the welfare of the livestock being shipped warrants such, a special permit for diversion en route shall be granted by the Department.

History

• Source: Amended at 20 Ill. Reg. 13039, effective September 25, 1996

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 85 Diseased Animals

8 Ill. Adm. Code 85.110 Additional Requirements on Cattle from Designated States

Female cattle, except those consigned direct to slaughter or calves under 6 months of age, entering Illinois for feeding purposes from states designated by the USDA as Class B and Class C states under provisions of the Brucellosis Eradication Uniform Methods and Rules (October 1, 2003) as approved by the United States Animal Health Association (P.O. Box K227, Suite 114, 1610 Forest Avenue, Richmond, Virginia 23228) and the USDA shall, in addition to present entry requirements now on file, be tagged in the right ear with an official ear tag identifying the cattle to the state of origin. The ear tag series shall be recorded on the official interstate health certificate, or on the owner-shipper statement. These official, uniformly numbered ear tags may be applied by anyone.

History

• Source: Amended at 30 Ill. Reg. 16582, effective October 9, 2006

8 Ill. Adm. Code 85.115 Salmonella Enteritidis Serotype Enteritidis

a) The USDA has declared Salmonella enteritidis serotype enteritidis as a communicable disease in poultry. The rules pertaining to Salmonella enteritidis serotype enteritidis located at 9 CFR 145, 146 and 147 (2009) are hereby adopted for the State of Illinois. The flocks affected by these regulations are those identified in 9 CFR Subchapter G (Livestock Improvement).

b) All flocks found to be infected with Salmonella enteritidis serotype enteritidis shall be quarantined. The quarantine shall remain in effect until the flock has been depopulated and premises disinfected as prescribed in 9 CFR 147.24 or the entire flock is tested negative for Salmonella enteritidis serotype enteritidis to the satisfaction of the Department in accordance with the provisions and protocols of 9 CFR 147.11-147.12.

c) Movement of poultry, eggs, equipment and manure from infected flocks shall be by permit of the Department.

d) If a flock is determined to be an infected flock as defined in 9 CFR 145.1, the Department shall pay indemnity if State funds are available and all of the following conditions are met:

1. The infected flock is implicated through epidemiological evidence in a human disease outbreak;

2. The flock owner voluntarily agrees to depopulate with appropriate State indemnity;

3. The entire flock which is to be depopulated shall have originated from a flock that is classified "U.S. S. Enteritidis Monitored" for egg type birds and "U.S. S. Enteritidis Clean" for meat type birds under the National Poultry Improvement Plan and Auxiliary Provisions (9 CFR 145 and 147; 2009);

4. The flock owner must have been feeding the infected flock in accordance with the provisions of the National Poultry Improvement Plan and Auxiliary Provisions (9 CFR 145.23(d); 2009);

5. The infected flock shall be slaughtered . Proof of kill will be reported to the Department by the meat and poultry inspector of the slaughtering establishment where the infected poultry is slaughtered;

6. The premises has been disinfected in accordance with 9 CFR 147.24; and

7. Replacement poultry shall be from flocks that are classified "U.S. S. Enteritidis Monitored" or "U.S. S. Enteritidis Clean" under the National Poultry Improvement Plan and Auxiliary Provisions.

e) The amount of indemnity paid, based on the availability of State funds, shall be 75 percent of the fair market value and the health thereof at the time of slaughter, minus the salvage value. The following conditions shall be considered when determining the fair market value and health of the infected flock:

1. Initial purchase price of each bird;

2. Age of the bird and its egg production capabilities or value for producing progeny; and

3. Feed and veterinary medical production costs as justified by documentation by the flock owner in the form of sales receipts and veterinary bills.

f) The Department and the infected flock owner must agree upon the value of the poultry destroyed, and in the case as agreement cannot be made, indemnity will not be paid for the flock.

History

• Source: Amended at 34 Ill. Reg. 19399, effective January 1, 2011

8 Ill. Adm. Code 85.120 Cervidae

a) Elk entering Illinois shall originate from a certified brucellosis-free herd or be negative to a brucellosis card test, standard plate agglutination (SPT) test, or complement-fixation (CF) test conducted within 60 days prior to entry on all animals 6 months of age and over.

b) Certified brucellosis-free cervid herds shall be established and maintained in accordance with the Brucellosis Uniform Methods and Rules as approved by the United States Animal Health Association (P.O. Box K227, Suite 114, 1610 Forest Avenue, Richmond, Virginia 23228; September 30, 2003 and not including any later amendments or editions beyond the date specified) and the USDA with the following amendments:

1. For initial certification, all sexually intact cervids in the herd 6 months of age or older must have two consecutive negative tests 9 to 15 months apart.

2. For continuous certification, all test-eligible animals in the herd must have a negative test between 33 and 39 months after the last certification date. If suspects or reactors are found on recertification testing, certification status will be terminated and a herd investigation will be initiated.

c) All cervidae entering Illinois must also be in compliance with the Illinois Wildlife Code [520 ILCS 5].

d) All cervidae entering Illinois must be accompanied by a permit from the Department and Certificate of Veterinary Inspection (CVI) that:

1. has been issued by an accredited veterinarian of the state of origin or a veterinarian in the employ of the United States Department of Agriculture;

2. is approved by the Animal Health Official of the state of origin;

3. shows that the cervidae are free from visible evidence of any contagious, infectious, or communicable disease or exposure thereto, do not originate from a CWD endemic area (the area contained within a 15 mile radius from any location where CWD has been diagnosed in the past 5 years);

4. shows that the cervidae are not originating from a herd under quarantine for any contagious, infectious or communicable disease;

5. shows that the animals originate from a herd that has been monitored for at least 5 years under a state/federallyapproved CWD herd certification program. If a state/federallyapproved CWD herd certification program does not exist for the susceptible cervidae species in question, the following criteria must be met:

A) Any additions to the herd are natural additions or have been in the herd for at least one year;

B) Complete herd records, including records of purchases, deaths and causes of deaths are maintained for at least 5 years;

C) The herd has been under veterinary supervision for a minimum of 5 years;

D) The animals have not been exposed to any animal from a herd diagnosed with CWD in the past 5 years;

E) The CVI contains a statement by the veterinarian for the herd of origin certifying that the herd has been under veterinary supervision for a minimum of 5 years and has had no exposure to any cervid from a CWD trace-back or trace-forward herd; and

F) Contains a statement signed by the owner certifying that all statements on the certificate of veterinary inspection are correct;

6. lists the cervid's unique individual official identification as defined in 9 CFR 55.25, 81.1 and 81.2 (2013) (approved ear tag, flank or ear tattoo or electronic implant). In addition, each animal must be identified with a secondary identifier that is unique for the animal in the herd of origin;

7. shows the permit obtained from the Department:

A) Applicant for permit shall furnish the following information to the Department:

i) Name and post office mailing address of Illinois destination;

ii) Name and post office mailing address of consignor and/or source herds;

iii) Number and unique official and secondary identification of cervidae in shipment;

iv) Anniversary date and herd certification number of the source herds; and

v) Name and telephone number of the herd veterinarian of the source herds.

B) Grounds for refusal to issue permit are:

i) Violation of the Act or this Part;

ii) Presence of a disease that might endanger the Illinois livestock industry;

iii) Refusal to provide required information for the permit.

C) Permits will be issued by telephoning or writing the Department.

e) Chronic wasting disease (CWD)

1. Any CWD susceptible species dying or that has been euthanized due to an unknown cause and that has exhibited a neurological disorder is classified as a CWD-Suspect animal and must have its brain and medial retropharyngeal lymph nodes removed for CWD evaluation. Any CWD susceptible species exhibiting symptoms of CWD must be kept separate and apart from other members of the herd and will be quarantined until the animal is either destroyed or determined not to have CWD. Animals quarantined for CWD will be subject to periodic inspection by Department personnel. Herds containing CWD-Suspect animals shall be classified as CWD-Suspect herds and a herd plan will be developed. No cervid may move out of a CWD-Suspect herd other than direct to slaughter until confirmatory testing has been completed on all CWD-Suspect animals and the test results are reported as CWD not detected.

2. If CWD is diagnosed in a herd, the herd shall be classified as CWD-Positive and will be quarantined and a CWD herd plan will be developed. The quarantine will remain in effect until either the herd has been depopulated or there has been no evidence of CWD in the herd for five years from the date of the last case, and all animals that have died, been euthanized or been slaughtered in the herd during that period were examined for CWD.

3. If a herd received an animal from an affected herd within 60 months prior to the death of the affected animal, the trace-forward herd shall be classified as CWD-Exposed and a CWD herd plan will be developed. A CWD-Exposed herd has two options:

A) The animal from the affected herd shall be removed and examined for CWD. If the animal is positive, the herd shall be classified as CWD-Positive and managed as in subsection (e)(2). If CWD is not detected in the animal, a herd plan shall be developed that includes a five year surveillance of the herd, with mandatory reporting of the death of all animals and examination of all mortalities for CWD.

B) If the trace-forward animal is not removed, the herd will be quarantined and a herd plan developed. The herd will be under quarantine for five years, if the herd was participating in the Certified Monitored Chronic Wasting Disease program, and any surveillance done after the arrival of the trace animal will be counted as time in quarantine.

4. If an animal dies of CWD within 60 months after changing herds, the herd of origin shall be considered as the trace-back herd and shall be classified as CWD-Exposed. A herd plan will be developed. The herd will be quarantined for five years from the last case traced back to the herd with mandatory mortality reporting and CWD testing of all animals.

5. For CWD susceptible species changing ownership or moving within the State, the owner must obtain a permit issued by the Department prior to movement and the cervidae must originate from a herd that is enrolled in the Certified Monitored Chronic Wasting Disease (CWD) Program or the Contained Monitored Chronic Wasting Disease Program. The permit may be obtained no more than 72 hours in advance of the movement of the cervids by providing the following information:

A) Name and complete mailing address of person selling the cervids;

B) Certified Monitored Chronic Wasting Disease or Contained Monitored Chronic Wasting Disease Herd number;

C) Name and complete mailing address of person purchasing the cervids; and

D) Number of animals and unique official and secondary identification of the animals.

6. For CWD susceptible species entering Illinois for immediate slaughter, the owner must:

A) Notify the Department at least seven days prior to shipment providing the Department with the number of animals to be slaughtered and the name and address of the slaughter facility; and

B) Obtain a permit from the Department no more than 72 hours in advance of shipment confirming the name of the slaughter facility, the date the animals will be shipped, and the individual official and secondary identification numbers for each animal.

7. Grounds for refusal to issue permit are:

A) Violation of the Act or this Part;

B) Presence of a disease that might endanger the Illinois livestock industry; and

C) Refusal to provide required information for the permit.

8. Permits may be requested by telephone or writing the Department.

f) Requirements for Establishing and Maintaining Certified Monitored Chronic Wasting Disease (CWD) Herds

1. General requirements

A) Certification for Certified Monitored CWD Herds shall be valid for one year, unless revoked due to disclosure of CWD in the herd, and shall be issued by the Department.

B) Certification shall be extended for a period of one year upon compliance with recertification requirements.

C) A CWD Certified Monitored Herd Management Agreement must be completed, signed and submitted to the Department for approval.

D) All animals shall be individually identified as defined in 9 CFR 55.25, 81.1 and 81.2 (2013) (approved ear tag, flank or ear tattoo, or electronic implant). In addition, each animal must be identified with a secondary identifier that is unique for the animal in the herd of origin.

E) Herd premises must have perimeter fencing adequate to prevent ingress and egress of cervidae.

2. To qualify or renew a herd for certified monitored status

A) An annual herd inventory and facility inspection must be completed and verified by an accredited veterinarian, or a state or federal veterinarian, animal health investigator or animal health technician, or an authorized representative of the Illinois Department of Natural Resources, within 9-15 months from the anniversary date of the enrollment of the herd in the program. Herds that have not completed the required inventory and inspection within this period of time will be removed from the program. Reinstatement of herds will be at Monitored Herd level 1 status. The inventory and facility inspection must include:

i) Unique official and secondary identification, age and sex of all animals in the herd;

ii) Disposition of all animals not present;

iii) Source of purchased additions;

iv) Documentation of all interstate movement;

v) Visusal inspection of fencing and cervidae within the enclosure;

vi) Review of herd records for inventory and identification accuracy and to verify the records retention requirement is met; and

vii) Signature of both the owner and the person verifying the inventory and facility inspection.

B) The owner must:

i) Submit the obex and medial retropharyngeal lymph nodes of all animals 12 months of age or older that have died or been killed or slaughtered for CWD examination at an approved laboratory;

ii) Immediately report to the Department all mortalities of animals within a CWD susceptible species that are 12 months of age and older;

iii) Individually identify all animals with official identification and secondary identification that is unique to the animal in the herd. All natural additions to the herd must be officially and secondarily identified before they are 12 months of age;

iv) Immediately report to the Department all animals that escape or disappear from the herd and make every reasonable effort to recapture the animals once it is discovered there has been an escape;

v) Submit all CWD susceptible species for a physical inventory (under individual restraint) every 3 years (or as otherwise required) by an accredited veterinarian, or a state or federal veterinarian, an animal health investigator or animal health technician, or an authorized representative of the Illinois Department of Natural Resources;

vi) Maintain herd inventory records for a minimum of 5 years for each animal in the herd;

vii) Provide a detailed description of the physical facilities and the specific premises location of the herd either through GPS identification or through a detailed description of the location.

3. Levels of certification

A) The Department will issue certification of herd monitoring upon completion of the annual herd inventory and review by the Department.

B) Herds will be certified as follows:

i) Monitored Herd, followed by number of years of participation; and

ii) Certified Herd, followed by number of years of participation. A herd will be certified at the end of five years of participation.

4. Herd additions are allowed under the following circumstances:

A) Animals may enter the herd from herds of equal or higher status.

B) Animals entering the herd from a herd of lower status will result in the herd's level reverting to the level of the purchased animals.

C) Acquiring animals from Contained Monitored CWD Herds will result in the herd status being reclassified as a Contained Monitored CWD Herd.

g) Requirements for Establishing and Maintaining Contained Monitored Chronic Wasting Disease (CWD) Herds

1. General requirements

A) Certification for Contained Monitored CWD Herds shall be valid for one year, unless revoked due to disclosure of CWD in the herd, and shall be issued by the Department.

B) Certification shall be extended for a period of one year upon compliance with recertification requirements.

C) All animals being purchased or sold shall be individually identified with an approved tag, microchip or tattoo.

D) Animals from Contained Monitored CWD Herds are not eligible for interstate movement except for movement direct to slaughter.

2. To qualify or renew a herd for certified contained monitored status

A) An annual herd inventory must be completed and verified by an accredited veterinarian, or a state or federal veterinarian, animal health investigator or animal health technician, or an authorized representative of the Illinois Department of Natural Resources, within 9-15 months from the anniversary date of the enrollment of the herd in the program. Herds that have not completed the required inventory and inspection within this period of time will be removed from the program. Reinstatement of herds will be at Contained Monitored Herd level 1 status. The inventory must include:

i) Approximate number of animals in herd;

ii) Disposition of all animals not present;

iii) Source of purchased additions;

iv) Documentation of all interstate movement; and

v) Signature of both the owner and the person verifying the inventory.

B) The owner must:

i) Submit the obex and medial retropharyngeal lymph nodes of all animals within a CWD susceptible species that are 12 months of age or older and that have died or been killed or slaughtered for CWD examination at an approved laboratory;

ii) Individually identify all animals entering or leaving the herd with official identification and secondary identification that is unique to the animal in the herd; and

iii) Provide a detailed description of the physical facilities and the specific premises location of the herd either through GPS identification or through a detailed description of the location.

3. Levels of certified contained monitored status

A) The Department will issue certified contained monitored status upon completion of the annual herd inventory and review by the Department.

B) Herds will be classified as follows:

i) Monitored Herd, followed by number of years of participation; and

ii) Certified Contained Monitored Herd, followed by number of years of participation. A herd will be certified at the end of five years of participation.

4. Herd additions are allowed under the following circumstances:

A) Animals must be individually identified with official identification and secondary identification that is unique to the animal in the herd;

B) Animals may enter the herd from herds of equal or higher status; and

C) Animals entering the herd from a herd of lower status will result in the herd's level reverting to the level of the purchased animals.

h) For cervids entering or moving within Illinois for slaughter purposes, the owner must contact the Department for a permit to move the animals, providing the Department with the individual identification of each animal to be slaughtered, the owner's name and mailing address, and the name and address of the slaughter facility.

History

• Source: Amended at 38 Ill. Reg. 20655, effective October 16, 2014

8 Ill. Adm. Code 85.125 Ratites

a) All ratites (i.e., emus, kiwis, cassowaries, rheas, ostriches) entering Illinois shall comply with the following:

1. Be negative to a test for Avian influenza within 10 days prior to importation;

2. Be accompanied by a Certificate of Veterinary Inspection issued within 30 days prior to entry by an accredited veterinarian of the state of origin or a veterinarian in the employ of the United States Department of Agriculture indicating that the ratites are free from visible evidence of any contagious, infectious, or communicable disease or exposure thereto;

3. Be permanently identified by means of a leg band, wing band, neck band or microchip; and

4. Be accompanied by a permit issued by the Department. The permit number shall be issued to the veterinarian issuing the Certificate of Veterinary Inspection or the consignor of the ratites.

A) Applicant for the permit shall furnish the following information to the Department:

i) Name and address of Illinois destination;

ii) Name and address of consignor; and

iii) Number of ratites in shipment.

B) Grounds for refusal to issue a permit are:

i) Violation of the Act or any rule of this Part; and

ii) Presence of a disease which might endanger the Illinois poultry industry.

b) Ratites imported into Illinois must be kept isolated from other ratites or poultry on the premises for a minimum of 14 days.

History

• Source: Amended at 34 Ill. Reg. 19399, effective January 1, 2011

8 Ill. Adm. Code 85.130 Vesicular Stomatitis

All veterinarians issuing Certificates of Veterinary Inspection for livestock including equine, bovine, porcine, caprine, ovine, and cervidae transported into Illinois from any state with a confirmed diagnosis of vesicular stomatitis within the past 30 days must include the following statement on the Certificate of Veterinary Inspection: "Vesicular stomatitis has not been diagnosed on the premises of origin within the past thirty days. I have examined the premises of origin and have found no signs of vesicular stomatitis."

History

• Source: Amended at 21 Ill. Reg. 17049, effective January 1, 1998

8 Ill. Adm. Code 85.135 Requirements for Establishing and Maintaining a Herd Under the Voluntary Paratuberculosis (Johne's Disease) Certification Program

a) The following definitions shall be applicable to this Section:

1. "Accredited laboratory" means a laboratory operated by the Illinois Department of Agriculture, the University of Illinois College of Veterinary Medicine, or a laboratory approved by the Director (on the basis of its using USDA approved methods).

2. "Animal" means cattle, bison, buffalo, goats, llamas, or members of the cervid family.

3. "Cow-side", "pen-side" or "on-site" test means any test approved by the USDA for M. avium paratuberculosis that can be performed in the field by an accredited veterinarian. Veterinarians must receive approval from the Department to use this test, and all results must be reported to the Department within 10 days. The test cannot be performed in a herd participating in the Voluntary Johne's Disease Certification Program.

4. "Herd" means all animals under common ownership or supervision that are grouped on one or more parts of any single premises (lot, farm, ranch), or all animals on two or more premises geographically separated, but on which animals have been interchanged or where there has been contact between the premises. Contact of animals between separated premises under common management shall be assumed to have occurred unless otherwise established by the herd owner or manager. Each separate species of animal shall be considered as a separate herd.

5. "Positive animal" means an animal infected with Mycobacterium avium paratuberculosis, only if M. avium paratuberculosis is demonstrated by an organism detection test on tissues or feces of the animal.

6. "M. avium paratuberculosis-detection test" or "organism detection test" means any test sufficiently sensitive and specific for detection of M. avium paratuberculosis in fecal samples. Definitions of "sufficiently sensitive and specific" will be on the basis of results of performance of a check test and proficiency standards set by the Uniform Program Standards for the Voluntary Bovine Johne's Disease Control Program (June 1, 2006). Any test approved by the USDA for M. avium paratuberculosis organism detection (i.e., fecal culture or PCR (polymerase chain reaction) test for M. avium paratuberculosis) is acceptable as long as it is performed at an accredited laboratory.

7. "Serum antibody test" means any test sufficiently sensitive and specific for detection of antibodies to M. avium paratuberculosis in bovine serum. Definition of "sufficiently sensitive and specific" will be on the basis of results of performance of a check test and proficiency standards set by the Uniform Program Standards for the Voluntary Bovine Johne's Disease Control Program (June 1, 2006), as recommended and approved by the U.S. Animal Health Association (P.O. Box K227, Suite 114, 1610 Forest Avenue, Richmond, Virginia 23228). Any test approved by the USDA for serum antibody detection (i.e., ELISA for M. avium paratuberculosis) is acceptable as long as it is performed at an accredited laboratory.

b) Criteria for herds qualified to enter into the certification program:

1. Participation in this program is voluntary and the producer/owner is responsible for the cost of testing.

2. The herd has been in existence for at least one year or the herd was assembled with animals originating directly from paratuberculosis-certified herds only.

3. A herd assembled with animals originating directly from certified herds only shall start at the lowest certification level of the herds from which the assembled animals were acquired. A negative first-herd test will qualify the newly-assembled herd for the first certification level.

4. All animals must have an approved, permanent, unique, legible identification other than a plastic ear tag or neck chain. Acceptable types of approved, permanent, unique, legible identification include registration or association numbers accompanied by identification document, breed registry ear tattoos, USDA uniform series ear tag (metal tags), freeze branding when the brand is listed on the breed registration certificate and electronic identification (microchips) as long as a reader is supplied by the owner or is readily available.

c) Voluntary Johne's disease herd status for cattle shall be established and maintained in accordance with the Uniform Program Standards for the Voluntary Bovine Johne's Disease Control Program (June 1, 2006) that was approved and adopted by the U.S. Animal Health Association (P.O. Box K227, Suite 114, 1610 Forest Avenue, Richmond, Virginia 23228), with the exceptions listed in subsection (c)(1).

1. Exceptions

A) The organism detection test will be accepted for testing at any level;

B) Test eligible animals are all animals 24 months of age and older; and

C) The testing strategy using environmental sampling is not allowed. Only animal testing is recognized for herd certification or herd testing for the Risk Management program.

2. Herd owners using either the Fast Track or the Standard Track certification program must sign a herd agreement prior to acceptance into the program.

d) Criteria for certifying bison, buffalo, goats, llamas or members of the cervid family herds under the Illinois Voluntary Johne's Disease Herd Certification Program.

1. The following certification levels will be awarded compliance with certification requirements:

Level 1 − herd tested negative after one sampling.

Level 2 − herd tested negative after two samplings.

Level 3 − herd tested negative after three samplings.

Level 4 − herd tested negative after four samplings.

Level 5 − herd tested negative after five samplings.

Level 5 Monitored − herd tested negative after six or more samplings.

2. Certification requirements:

A) For annual certification, all animals 24 months of age and older must be tested.

B) Certified herds must be tested every 12 months (+/- 2 months).

C) All tests must be performed at an accredited laboratory.

D) An organism detection test for M. avium paratuberculosis (i.e., fecal culture or PCR) must be conducted.

E) Fecal collection must be done either by, or under the direct supervision of, an accredited veterinarian who must verify that the samples were collected from the animals identified on the test documents.

F) The owner must certify on an agreement form prescribed by the Department:

i) At the initial test date, the herd has been in existence for at least one year or was assembled only from herds enrolled in a M. avium paratuberculosis program and are at the same or higher level than the herd. Animals purchased from herds participating in M. avium paratuberculosis programs outside of Illinois must have that state's program approved by the Director prior to certification.

ii) At each test date, all animals in the herd 24 months of age or older were sampled and included in the herd test. A herd can qualify for certification through a split herd testing program. The producer must test all test-eligible animals at least once a year throughout a 12 month period. The anniversary date would be the date that the herd test is completed for the year. The testing schedule for the year must be described in the annual herd agreement.

iii) At each test date, a list identifying all animals previously tested but no longer in the herd must be provided to the Department.

iv) At each test date, all animals added to the herd since the last herd test were natural additions to (born into) the herd, purchased from participating herds, or were tested at the time of arrival on the premises (see subsection (d)(6)).

v) At each test date, with a written statement sent to the Department certifying to the best of his/her knowledge no animal that left the herd tested positive for paratuberculosis or was exhibiting clinical signs of Johne's disease.

3. Upon completion of the required testing and review by the Director, the Department shall issue a certificate verifying the herd's status.

4. Handling of animals exhibiting clinical signs:

A) All animals exhibiting clinical signs of M. avium paratuberculosis must be tested and isolated from the herd pending the test results. An organism detection test (i.e., fecal culture or PCR) must be used on feces from animals exhibiting clinical signs.

B) A negative result on the M. avium paratuberculosis detection test will allow the herd to move to the next certification level.

5. Suspension or revocation of herd certification:

A) Identification of positive animals

i) Identification

Identification of a positive animal using the organism detection test during the certification herd test will result in the loss of certification status. The next negative test will qualify the herd for Level 1 certification.

ii) Confirmation

If a positive animal is detected on any other test for Johne's disease during the current certification period other than by an organism detection test, the herd's certification will be suspended pending a confirmatory organism detection test of that animal.

B) Herds not tested within 14 months after the last sampling will lose their certification status. The next negative herd test will qualify the herd for Level 1 certification.

6. Herd Additions. Animals purchased from another herd participating in a M. avium paratuberculosis certification program may enter the herd without further testing, and will be tested along with the herd at the next annual test. Animals originating from herds that are not participating in a M. avium paratuberculosis certification program must be isolated from the other members of the herd until a negative organism detection test has been received. Isolation means that the animal can have no opportunity to share feed or water receptacles with other members of the herd, and there can be no chance of fecal contamination from the animal.

7. Protocol. If an animal sold from a certified herd is identified as positive:

A) If an animal sold from a certified negative herd is identified as positive by an organism detection test within 16 months after the date of sale, the selling certified herd may, within 120 days after being notified, be required to conduct a herd retest of all eligible animals. Determination of retesting of the herd will be made by the Director based upon, but not limited to, the level of certification of the herd, the last negative organism detection test of the herd and the status of the other animals in the purchasing herd, if known.

B) The selling certified herd will maintain its present certification status pending the results of the herd test or at the determination of the Director based on epidemiological evidence provided by a state or federal veterinarian.

C) If the herd retest is negative, the herd will maintain its "present" certification status. The herd owner/manager shall then have the option of maintaining his/her present test schedule or rescheduling his/her herd test date so that his/her next herd test is not due until 12 months after the retest.

D) If a positive animal is identified on this retest, the selling herd will lose its certification status. The next negative herd test will qualify the herd for Level 1 certification.

History

• Source: Amended at 40 Ill. Reg. 2682, effective January 22, 2016

8 Ill. Adm. Code 85.140 Requirements for Establishing and Maintaining a Herd Under the Voluntary Paratuberculosis (Johne's Disease) Risk Management Program

a) The following definitions shall be applicable to this Section:

"Accredited laboratory" means a laboratory operated by the Illinois Department of Agriculture, the University of Illinois College of Veterinary Medicine, or a laboratory approved by the Director (on the basis that it is using USDA approved methods).

"Certified Johne's Disease Veterinarian" means a veterinarian who has completed a prescribed course and field training for conducting risk assessments and writing herd plans for herds dealing with Johne's disease. Certification will be issued by the State Veterinarian and/or the designated Johne's Disease Coordinator.

"Herd" shall mean all animals under common ownership or supervision that are grouped on one or more parts of any single premises (lot, farm, ranch), or all animals on two or more premises geographically separated, but on which animals have been interchanged or where there has been contact between the premises. Contact of animals between separated premises under common management shall be assumed to have occurred unless otherwise established by the herd owner or manager. Each separate species of animal shall be considered as a separate herd.

"M. avium paratuberculosis-detection test" or "organism detection test" means any test sufficiently sensitive and specific for detection of M. avium paratuberculosis in fecal samples. Definition of "sufficiently sensitive and specific" will be on the basis of results of performance of a check test and proficiency standards set by the Uniform Program Standards for the Voluntary Bovine Johne's Disease Control Program (June 1, 2006). Any test approved by the USDA for M. avium paratuberculosis organism detection (i.e., fecal culture test or PCR for M. avium paratuberculosis) is acceptable as long as it is performed at an accredited laboratory.

"Serum antibody test" means any test sufficiently sensitive and specific for detection of antibodies to M. avium paratuberculosis in bovine serum. Definition of "sufficiently sensitive and specific" will be on the basis of results of performance of a check test and proficiency standards set by the Uniform Program Standards for the Voluntary Bovine Johne's Disease Control Program (June 1, 2006), approved by the U.S. Animal Health Association (P. O. Box K227, Suite 114, 1610 Forest Avenue, Richmond, Virginia 23228). Any test approved by the USDA for serum antibody detection (i.e., ELISA for M. avium paratuberculosis) is acceptable as long as it is performed at an accredited laboratory.

b) Criteria for herds qualified to enter into the risk management program:

1. Participation in this program is voluntary and the producer/owner is responsible for the cost of testing.

2. The herd has been in existence for at least one year or the herd was assembled with animals originating directly from paratuberculosis-certified or risk managed herds only.

3. A herd assembled with animals originating directly from risk managed herds only shall start at the lowest certification level of the herds from which the assembled animals were acquired.

4. All animals must have an approved, permanent, unique, legible identification other than a plastic ear tag or neck chain. Acceptable types of approved, permanent, unique, legible identification include registration or association numbers accompanied by identification document, breed registry ear tattoos, USDA uniform series ear tag (metal tags), freeze branding when the brand is listed on the breed registration certificate and electronic identification (microchips) as long as a reader is supplied by the owner or is readily available.

c) Criteria for enrolling and maintaining cattle, buffalo or bison herds under the Illinois Voluntary Johne's Disease Risk Management Program.

1. The following certification levels will be awarded compliance with certification requirements:

A) Level A − 30 head or the whole herd has been tested with no positives disclosed.

B) Level B − the whole herd has been tested with less than 5% (0% to 4.99%) of the animals testing positive.

C) Level C − the whole herd has been tested with 5% to 14.99% of the animals testing positive.

D) Level D − the whole herd has been tested with 15% or greater of the animals testing positive, or 30 head were tested with one or more positive animals disclosed.

E) Potential Maximum Risk herds have had no animals tested or do not disclose any test results.

F) A level achievement year representing when the herd reached the status level will be added to the status designation (e.g., Level A since 1999).

2. Certification requirements:

A) Testing shall be done annually within 10-14 months after the initial status testing anniversary date and a herd shall remain at that level for a year, regardless of the amount of testing completed during that time. A herd can qualify through a split herd testing program. The producer must test all test-eligible animals at least once a year throughout a 12 month period with the exception of any "J" punched animals in the herd. "J" punched animals do not have to be tested, but must be accounted for on the annual herd agreement. The anniversary date would be the date that the herd test is completed for the year. The testing schedule for the year must be described in the annual herd agreement.

B) A fecal culture, PCR or ELISA test may be used for certification.

C) Whole herd tests are conducted on all animals two years of age and older.

D) Tests on 30 animals must be a random sampling of animals two years of age and older. The same animals should not be tested in consecutive testing years.

E) All tests must be performed at an accredited laboratory.

F) Fecal and blood collection must be done either by, or under the direct supervision of, an accredited veterinarian, who must verify that the samples were collected from the animals identified on the test documents.

G) An annual risk assessment and updated herd plan has been completed for the herd by a Certified Johne's Disease Veterinarian or a state or federal veterinarian.

3. Upon completion of the required testing and review by the Director, the Department shall issue a certificate verifying the herd's status.

4. Herds not tested within 14 months after the last sampling will lose their certification status. Herds that stop testing but continue to have an annual risk assessment and herd plan completed by a certified Johne's disease veterinarian and follow the management guidelines prescribed in the herd plan will maintain their certification status.

d) Criteria for enrolling and maintaining cervid or goat herds under the Illinois Voluntary Johne's Disease Risk Management Program.

1. The following certification levels will be awarded compliance with certification requirements:

A) Level A − 30 head or the whole herd has been tested with no positives disclosed.

B) Level B − the whole herd has been tested with less than 5% (0% to 4.99%) of the animals testing positive.

C) Level C − the whole herd has been tested with 5% to 14.99% of the animals testing positive.

D) Level D − the whole herd has been tested with 15% or greater of the animals testing positive, or 30 head were tested with one or more positive animals disclosed.

E) Potential Maximum Risk herds have had no animals tested or do not disclose any test results.

F) A level achievement year representing when the herd reached the status level will be added to the status designation (e.g., Level A since 2002).

2. Certification requirements:

A) Testing shall be done annually within 10-14 months after the initial status testing anniversary date and a herd shall remain at that level for a year, regardless of the amount of testing completed during that time. A herd can qualify through a split herd testing program. The producer must test all test-eligible animals at least once a year throughout a 12 month period with the exception of any "J" punched animals in the herd. "J" punched animals do not have to be tested, but must be accounted for on the annual herd agreement. The anniversary date would be the date that the herd test is completed for the year. The testing schedule for the year must be described in the annual herd agreement.

B) The fecal culture must be used for certification.

C) Whole herd tests are conducted on all animals two years of age and older.

D) Tests on 30 animals must be a random sampling of animals two years of age and older. The same animals should not be tested in consecutive testing years.

E) All tests must be performed at an accredited laboratory.

F) Fecal collection must be done either by, or under the direct supervision of, an accredited veterinarian, who must verify that the samples were collected from the animals identified on the test documents.

3. Upon completion of the required testing and review by the Director, the Department shall issue a certificate verifying the herd's status.

4. Herds not tested within 14 months after the last sampling will lose their certification status.

e) Additions to the herd. Animals purchased from another herd participating in an M. avium paratuberculosis certification program may enter the herd without further testing, and will be tested along with the herd at the next annual test. Animals originating from herds that are participating in Johne's Disease Risk Management Program and are of the same level as the purchasing herd can be added to the herd without further testing and be tested on the next annual test. If the purchased additions originate from herds that are of a lower risk management level or are from a herd that has not been tested, the purchasing herd will assume the level of the purchased additions or will lose its herd status unless the animals have had a negative test within 30 days prior to purchase, or are isolated from the other members of the herd until a negative test has been received. Isolation means that the animal can have no opportunity to share feed or water receptacles with other members of the herd, and there can be no chance of fecal contamination from the animal.

History

• Source: Amended at 40 Ill. Reg. 2682, effective January 22, 2016

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 85 Diseased Animals

8 Ill. Adm. Code 85.145 Johne's Disease Positive Animals

Any animals found to be positive for Johne's disease on an organism detection (culture) test shall be "J" punched in the left ear within 30 days after diagnosis. The "J" punch shall be no smaller than one inch in height for cattle or bison or one-half inch for cervids or goats. Animals found to be positive on an organism detection test can only be sold for slaughter.

History

• Source: Amended at 40 Ill. Reg. 2682, effective January 22, 2016

8 Ill. Adm. Code 85.150 Importation of Animals; Permit Required

a) All animals entering Illinois for the purpose of livestock production or exhibition must be accompanied by a permit from the Department and an official certificate of veterinary inspection or VS Form 9-2 or 9-3 in the case of poultry.

b) The official certificate of veterinary inspection must:

1. Be issued by an accredited veterinarian of the state of origin, by a veterinarian in the employ of the United States Department of Agriculture, or by a licensed veterinarian of the country of origin;

2. Be approved by the animal health official of the state or country of origin;

3. Show that the animals are free from visible evidence of contagious, infectious or communicable diseases; and

4. Show the state or country of origin.

c) Permits:

1. Permits will be issued by telephoning or writing the Department.

2. An applicant for permit shall furnish the following information to the Department:

A) Name and complete mailing address of Illinois destination;

B) Name and address of consignor; and

C) Number and species of animals in shipment.

3. Grounds for refusal to issue a permit are:

A) Violation of the Act or this Part; or

B) Presence of a disease or contamination that might endanger the Illinois livestock industry or pose a threat to public health.

History

• Source: Amended at 34 Ill. Reg. 19399, effective January 1, 2011

8 Ill. Adm. Code 85.155 Release from Quarantine

a) Upon the satisfaction of the Director that the reason for quarantine no longer exists, animals and premises quarantined under the Act will be released. The requirements for release will be determined using the most recent veterinary medical information available for the condition and/or based on consultation with USDA or other federal agencies and will reference the federal recommendations, guidelines or requirements.

b) Methods for quarantine release may include, but shall not be limited to:

1. Complete and total depopulation of affected animals followed by Department approved methods of cleaning and disinfection of the quarantined premises, when appropriate, as verified by a Department representative.

2. Completion of a Department approved testing protocol that proves the condition no longer exists in the affected and susceptible animals.

3. The use of a Department approved vaccination protocol combined with an approved testing protocol and depopulation of the affected animals.

4. Completion of a Department approved treatment protocol followed by a Department approved testing protocol proving the condition no longer exists in the treated animals.

5. Fulfillment of the requirements for quarantine release provided in the Program Standards or the Uniform Methods and Rules published by USDA for the state/federal cooperative disease program applicable to the condition that prompted the quarantine. Current Program Standards and Uniform Methods and Rules can be obtained from the USDA Animal and Plant Health Inspection Service, 4700 River Road, Unit 84, Riverdale MD 20737-1234 or at http://www.aphis.usda.gov.

6. After the lapse of an appropriate length of time, it is determined to the satisfaction of the Director that the condition for which the quarantine was issued no longer exists.

c) Within 90 days after the issuance of a quarantine, the Department will provide the owner with a protocol through which the quarantine will be released.

History

• Source: Added at 34 Ill. Reg. 19399, effective January 1, 2011

Part 90 Illinois Dead Animal Disposal Act

8 Ill. Adm. Code 90.5 Definitions

For the purposes of this Part, the following definitions shall apply:

"Compost" means the humus-like product of the process of composting waste, which may be used as a soil conditioner.

"Composting" means the biological treatment process by which microorganisms decompose the organic fraction of waste, producing compost.

"Dead animal" means the carcass or tissue from a deceased domesticated animal, poultry, fish, captive wild animal or captive wildlife.

"Disposed of" means the initiation of the process of proper carcass disposal as set forth in the Illinois Dead Animal Disposal Act [225 ILCS 610] and this Part.

"Fish" means the bodies and parts of bodies of all animal aquatic life and the parts or waste thereof.

"Poultry" means chickens, turkeys, domestic game birds, and domestic water fowl.

"Poultry litter" means a nitrogen source such as manure or cake (i.e., the wet, compact crust that forms around feeders and waterers or litter such as found in layer operations and slatted-floor breeders).

"Straw" or "bulking agent" means straw or any alternative carbon source including, but not limited to, corn stover, soybean pods and trash, hay, sawdust, grass clippings, rice and peanut hulls, tomatoes, peat moss, pomace of grapes, wood chips, bark, shredded brush, and leaves.

History

• Source: Amended at 44 Ill. Reg. 19467, effective December 3, 2020

8 Ill. Adm. Code 90.10 Plant Facilities

If, upon first inspection, the facility of the renderer, blender or collection center fails to meet the requirements set forth in Section 10 of the Illinois Dead Animal Disposal Act [225 ILCS 610/10] and the rules of this Part, the applicant shall be granted sixty (60) days in which to correct the deficiencies specified. At the end of the period for correcting the deficiencies, another inspection shall be made. If upon inspection the deficiencies have been corrected, a license shall be issued.

History

• Source: Amended at 18 Ill. Reg. 14917, effective September 26, 1994

8 Ill. Adm. Code 90.20 Plant Premises

a) Plants shall be separated by a permanent wall and apart from any other part of the business operation.

b) The location of new plant facilities shall be in compliance with local zoning ordinances before the Department will issue a license.

History

• Source: Amended at 8 Ill. Reg. 5937, effective April 23, 1984

8 Ill. Adm. Code 90.30 Annual Truck Permits (repealed)

History

• Source: Repealed at 8 Ill. Reg. 5937, effective April 23, 1984

8 Ill. Adm. Code 90.40 Truck Operator's Records (Repealed)

History

• Source: Repealed at 8 Ill. Reg. 5937, effective April 23, 1984

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 90 Illinois Dead Animal Disposal Act

8 Ill. Adm. Code 90.50 Odors and Insects Shall Be Controlled

a) The licensee shall maintain the facilities in such sanitary manner as to eliminate, insofar as possible, all odors and insects.

b) In the case of collection centers, all rendering materials shall be picked up at the collection center and transported to the rendering plant daily, except during subfreezing weather.

History

• Source: Amended at 8 Ill. Reg. 5937, effective April 23, 1984

8 Ill. Adm. Code 90.60 Salmonella Control for Renderers and Blenders

a) A separate building or storage area shall be provided for the purpose of storing the finished products in order to avoid contamination after completion of processing.

b) No tools or equipment used in handling the unfinished product shall be used in storage areas, or in handling of finished product.

c) Renderers and blenders shall provide toilet, showering, dressing, and disinfecting facilities.

d) Live steam shall be provided for scrubbing and cleaning floors and equipment.

e) Rodent and vermin control shall be diligently practiced. Uncontrolled animals and birds shall not be tolerated on the premises.

f) Buildings and surrounding grounds shall be kept clean and free from refuse, trash, or the accumulation of product or products of processing, including paunch manure.

g) Any authorized representative of the Department shall be allowed access to inspect inventory during regular business hours and to take samples at the request of the Federal government, the licensee or manufacturer using the product, for the purpose of laboratory diagnosis to determine if salmonella is present.

History

• Source: Amended at 8 Ill. Reg. 5937, effective April 23, 1984

8 Ill. Adm. Code 90.70 Inspection of Premise (Repealed)

History

• Source: Repealed at 8 Ill. Reg. 5937, effective April 23, 1984

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 90 Illinois Dead Animal Disposal Act

8 Ill. Adm. Code 90.80 Identification of Receptacles

All barrels used for transporting and storage of scrap or used cooking grease and oils shall be clearly marked "inedible" with letters of such size as to be readily distinguishable. Barrels shall be embossed or imprinted with a code assigned by the Department to the licensee.

History

• Source: Amended at 8 Ill. Reg. 5937, effective April 23, 1984

8 Ill. Adm. Code 90.90 Records (repealed)

History

• Source: Repealed at 8 Ill. Reg. 5937, effective April 23, 1984

8 Ill. Adm. Code 90.100 Transportation and Transactions (repealed)

History

• Source: Repealed at 8 Ill. Reg. 5937, effective April 23, 1984

8 Ill. Adm. Code 90.105 Transportation

When transporting a dead animal, the following guidelines shall be followed:

a) The most direct route shall be utilized.

b) The bed of the vehicle transporting the animal shall have covering to prevent leakage to the road surface (e.g., plastic covering or barrels).

c) The animal shall be covered during transport.

History

• Source: Amended at 44 Ill. Reg. 19467, effective December 3, 2020

8 Ill. Adm. Code 90.110 On-Site Disposal

Persons disposing of animals (including fish or poultry) or parts of bodies thereof, other than to a licensed renderer, shall comply with the following:

a) Disposal by Burning

1. No open burning will be permitted.

2. Any disposal by burning must be performed with an incinerator that is in compliance with the Illinois Environmental Protection Act [415 ILCS 5].

b) Disposal by Burying

1. Burial shall be consistent with the following requirements:.

A) Location shall be in an area where runoff will not contaminate water supplies or allow leachate to discharge into streams, ponds or lakes.

i) Dead animals shall not be buried less than 200 feet from a stream, private potable water supply well, or any other potable water supply source, except in accordance with Section 14.2(b) of the Illinois Environmental Protection Act.

ii) Dead animals shall not be buried within the applicable 200 or 400 foot minimum setback zone of an existing community water supply well as established pursuant to Section 14.2 of the Illinois Environmental Protection Act.

B) Dead animals shall not be buried less than 200 feet from any existing residence not owned or occupied by the owner of the animal.

C) No more than a ratio of one pound of dead animals per one square foot of surface area shall be buried on an annual basis. No more than 3,000 pounds of dead animals shall be buried in each site location, and the same site shall not be used more frequently than once every 2 years for burial purposes. There shall be no more than three site locations within a radius of 120 feet.

2. Burial depth shall be sufficient to provide at least a 6" compacted soil cover over the uppermost part of the carcass. Precautions shall be taken to minimize soil erosion.

3. The abdominal cavity of large carcasses shall be punctured to allow escape of putrefactive gasses.

4. Lime or other chemical agent shall not be used to prevent decomposition.

5. Precautions shall be taken at the site of burial necessary to prevent any disturbance by animal or mechanical means.

6. Disease and nuisance vectors are to be minimized and controlled.

7. Burial site locations shall be available for inspection by Department personnel during normal working hours.

c) Disposal of Poultry by Composting. Persons disposing of poultry by means of composting shall comply with the following requirements:

1. The composter shall meet the following criteria:

A) Control disease vectors, dust and litter.

B) Ensure that carcasses are not visible from public roads or habitable structures.

C) Rot-resistant building materials such as preservative-treated lumber shall be used.

D) Keep carcasses in the composting facility until completely composted before spreading compost on the land.

E) The size of the composter shall be based on the facility's projected mortality rate of poultry, in which one pound of dead poultry per cubic foot of primary compost space per day is provided.

2. Composting shall comply with the following guidelines:

A) A mixture of one part dead poultry (by weight), one and one-half part poultry litter, and one-tenth part of straw shall be used. For example: 400 pounds of dead poultry will require 600 pounds of poultry litter and 40 pounds of straw.

B) Layering shall be done in the following order, starting from the floor:

i) First Layer: straw, poultry litter, straw, birds, and poultry litter.

ii) Second and Subsequent Layers: straw, birds, and poultry litter.

C) A 36" probe-type thermometer shall be inserted daily into the pile to check the temperature. Within 2 to 4 days, the temperature should peak between 135º F. and 150º F.

D) Once the temperature begins to fall from the peak (normally 7 to 10 days), the material shall be removed to the secondary treatment bin.

E) After 7 to 10 days in the secondary bin, the compost may be agronomically distributed over land under cultivation or reused in the composting process. For the purpose of this subsection (c)(2)(E), the agronomic rate is the annual application rate of poultry compost, either alone or in combination with other nutrient supplying materials, that is necessary to achieve a reasonable crop yield without exceeding crop nutrient requirements.

3. The composted material may be substituted for up to one-half of the poultry litter and one-half of the straw.

d) Disposal of Fish by Composting. Persons disposing of fish by means of composting shall comply with the following requirements:

1. The composter shall meet the following criteria:

A) A roof shall cover the entire composting area.

B) An impervious, weight-bearing foundation such as concrete shall be used.

C) Rot-resistant building materials such as preservative-treated lumber shall be used.

2. The base layer shall meet the following criteria:

A) Use 6 to 12" thick of a bulking agent.

B) Be no more than 6 to 8 feet wide, but as long as necessary to accommodate the day's supply of compost material.

3. Composting shall meet the following guidelines:

A) Composting layer shall consist of a mixture of one part fish, three parts bulking agent and one part recycled compost (if available) or bulking agent and shall be mixed prior to use in the composting layer. The mixing of the materials for the composting layer shall be done in a manner to prevent leakage (e.g., stock tank, bucket, mixing drum).

B) The cover layer shall consist of two parts bulking agent and two parts recycled compost (if available) or two parts bulking agent and should reach a thickness of 6 to 12".

C) Layering shall be done in the following order starting from the concrete: base layer, composting layer (fish, bulking agent and recycled compost), and cover layer. The composting and cover layers are piled on top of the base layer to form a trapezoid no higher than 4 feet.

D) Additions to the compost pile are done by adding new material to the end of the pile.

E) A probe-type thermometer shall be inserted daily into the pile to check the temperature. The temperature should peak between 140º F. and 165º F. The material can be recycled after it has composted for at least 2 to 3 weeks, and its temperature has dropped to air temperature.

F) After the temperature has dropped to air temperature (normally 2 to 3 weeks), the composted material may be used in the composting layer, or after one month, the composted material may be agronomically distributed over land under cultivation or reused in the cover layer. For the purpose of this subsection (d)(3)(F), the agronomic rate is the annual application rate of fish compost, either alone or in combination with other nutrient supplying materials, that is necessary to achieve a reasonable crop yield without exceeding crop nutrient requirements.

e) Disposal of Swine by Composting. Persons disposing of swine by means of composting shall comply with the following requirements:

1. Surface water shall be diverted away from the composter.

2. Location shall be in an area where runoff will not contaminate water supplies or allow leachate to discharge into streams, ponds or lakes.

A) Composter shall not be constructed less than 200 feet from a stream, private potable water supply well, or any other potable water supply source, except in accordance with Section 14.2(b) of the Illinois Environmental Protection Act.

B) Composter shall not be constructed within the applicable 200 or 400 foot minimum setback zone of an existing community water supply well as established pursuant to Section 14.2 of the Illinois Environmental Protection Act.

3. Persons disposing of swine by means of composting shall, at minimum, perform the following:

A) Control disease vectors, dust, and litter;

B) Ensure that livestock carcasses are not visible from public roads or habitable structures:

C) Begin processing livestock carcasses within 24 hours after the animals' deaths;

D) Keep livestock carcasses in the composting facility until completely composted before spreading on land; and

E) Remove all finished compost within 12 months after completion of the compost process.

4. For bin composting, the composter shall consist of primary and secondary bins. The size of the composter shall be based on the facility's projected mortality rate of swine during any 3-month period. The primary and secondary bins shall each contain a minimum of 10 square feet of composting area for each 1000 pounds of carcass to be composted.

5. For bin composting, the composter shall be constructed of permanent rot-resistant wall materials, such as preservative-treated wood, concrete, or precast concrete such as highway lane dividers. Each composter bin shall be three sides of a rectangle or square. One side of the bin shall be left open for loading, unloading and mixing the compost. In emergency situations, hay bales of 48" or greater in diameter may be used on a temporary basis in the above configuration of side walls.

6. Composting shall comply with the following guidelines:

A) Coarse sawmill sawdust, shredded cornstalks, chopped straw, coarse-ground corn cobs, and other materials possessing like properties and having similar particle size are recommended for the carbon source.

B) It is expected that the carbon source will be required in the ratio of approximately one cubic foot of the carbon source per 10 pounds of carcass (3.7 cubic yards of the carbon source per 1000 pounds of carcass). A supply of the carbon source shall be stockpiled and maintained on the premises at all times when the composter is in operation.

C) For static pile composting, the compost bin, windrow, or other formed structure shall have a layer of carbon source a minimum of 10" deep placed on the base before the first carcass is placed in the bin. There shall be a minimum of 10" of carbon source between the carcass and the wall or the exposed surface. The carcass shall be covered with a minimum of 10" of carbon source. The carbon source shall be added to the pile as composting begins, daily or as frequently as needed to sustain a 10" cover of carbon source over all carcasses in the structure's uppermost layer.

D) A compost thermometer with a probe at least 36" long shall be obtained and used daily to measure the temperature of the compost. The compost temperature should reach 135 to 160° degrees F. (57° to 71° C.) and be recorded daily. Compost temperature indicates microbial activity and stage of composting process. The composting process shall be managed in such a way that the heating and decomposition can proceed to completion. If aerobic composting does not begin with 7 days, i.e., if temperatures do not rise above 135° F., the compost pile or windrow shall be turned and/or moisture content of the carbon source adjusted to allow the process to proceed. Temperature records shall be available for examination until the compost is disposed of as in subsection (e)(6)(G).

E) For bin composting, all compost from the primary bin shall be allowed to undergo a second composting phase as follows:

i) When the temperature surrounding the last carcass placed in the composter drops below 130° F. (typically up to 3 months after the last carcass addition), the compost in that bin shall be transferred to a second bin and allowed to reheat, through a second composting cycle. Moisture shall be added to the compost as needed to promote further composting activity.

ii) Compost shall remain in the second bin for the duration of the secondary composting cycle (typically 3 months). Temperature of the compost shall be measured using the compost thermometer to monitor the composting process.

F) Finished compost shall be agronomically distributed over land under cultivation or reused in the composting process. Finished compost may be returned to the primary composting bin in the ratio of up to 50% finished compost to fresh carbon source. For the purpose of this subsection (e)(6)(G), the agronomic rate is the annual application rate of swine compost, either alone or in combination with other nutrient supplying materials that is necessary to achieve a reasonable crop yield without exceeding crop nutrient requirements.

f) Disposal of Cattle, Equine, Cervidae, Sheep, Goats, or Other Small Animals by Composting. Persons disposing of cattle, equine, cervidae, sheep, goats, or other small animals by means of composting shall comply with the following requirements:

1. Carcasses of those animals dying of suspect neurological causes shall not be composted.

2. Surface water shall be diverted away from the composter.

3. Location shall be in an area where runoff will not contaminate water supplies or allow leachate to discharge into streams, ponds or lakes.

A) The composter shall not be constructed less than 200 feet from a stream, private potable water supply well, or any other potable water supply source, except in accordance with Section 14.2(b) of the Illinois Environmental Protection Act.

B) The composter shall not be constructed within the applicable 200- or 400-foot minimum setback zone of an existing community water supply well as established pursuant to Section 14.2 of the Illinois Environmental Protection Act.

C) A composting site shall be located at least ¼ mile from the nearest occupied residence (other than a residence located on the same property as the facility).

4. For bin composting, the composter shall be constructed of permanent rot-resistant materials, such as preservative-treated wood or concrete.

5. The size of the composter shall be based on the facility's greatest projected mortality rate of animals during any 3-month period of the year.

6. For bin composting, the composter bin minimum width dimension shall be large enough to allow placement of the largest carcass with at least one foot of space all around the carcass for carbon source material, or at least one foot greater than the width of the loader bucket used for turning the compost, whichever is larger.

7. A composting thermometer with a minimum probe length of 36" shall be kept available at the facility for monitoring progress of the compost process.

8. Records of carcass additions, composter operation and land application of finished compost shall be maintained on the premises.

9. Composting shall comply with the following guidelines:

A) Coarse sawmill sawdust, shredded corn stalks, chopped straw, coarse-ground corn cobs, and other materials possessing like properties and having similar particle size are recommended as the carbon source.

B) A supply of carbon source materials shall be stockpiled and maintained on the premises at all times when the composter is in operation.

C) Finished compost from the carcass composting process (secondary bins or windrows) may be re-used in an amount appropriate to maintaining proper composting operation (up to 50% volume of re-used finished compost suggested).

D) For static pile composting, the compost bin, windrow, or other formed structure shall have a layer of carbon source a minimum of 10" deep placed on the base before the first carcass is placed in the bin. There shall be a minimum of 10" of carbon source between the carcass and the wall or the exposed surface. The carcass shall be covered with a minimum of 10" of carbon source. The carbon source shall be added to the pile as composting begins, daily or as frequently as needed to sustain a 10" cover of carbon source over all carcasses in the structure's uppermost layer.

E) Carcasses weighing more than 300 lb. shall be processed prior to covering with carbon source material. Processing may consist of, but is not limited to:

i) opening the abdominal cavity to facilitate contact of carbon source material and reduce distention of carcass with gases; and

ii) incising the large limb muscles to facilitate contact of carbon source material and thereby hasten composting.

F) For bin composting, the composting process shall be monitored and managed in such a way that heating and decomposition can proceed to completion (typically 3 months in the primary bin from the time the last carcass is placed in the bin and another 3 months in the secondary bin from the time the compost is moved into the secondary bin from the primary bin). Water shall be added as necessary to adjust the moisture content of the compost and promote further composting activity.

G) Finished compost shall be agronomically distributed over land under cultivation or reused in the composting process. Finished compost may be returned to the primary composting bin in a ratio of up to 50% finished compost to fresh carbon source material. For the purpose of this subsection (f)(9)(G), the agronomic rate is the annual application rate of the compost, either alone or in combination with other nutrient supplying materials, which is necessary to achieve a reasonable crop yield without exceeding crop nutrient requirements.

g) Disposal of swine, cattle, cervidae, sheep and goat offal by composting. Persons disposing of swine, cattle, cervidae, sheep or goat offal by means of composting shall comply with the following requirements:

1. Offal of those animals dying of suspect neurological causes shall not be composted.

2. The composter shall be located entirely over impervious foundation materials. One of two foundations shall be used:

A) Impervious soil (permeability equal to less than 1 x 10-7 cm/sec., as defined in Section 651.0703 (Geotechnical considerations in waste facility siting) of the Agricultural Waste Management Field Handbook, Soil Conservation Service, U.S. Department of Agriculture, 1992). A 4 to 6" base of ungraded (varying particle size) field lime over the soil foundation is suggested as a runoff control measure.

B) An impervious, weight-bearing foundation such as concrete or asphalt.

3. Surface water shall be diverted away from the composter.

4. Location shall be in an area where runoff will not contaminate water supplies or allow leachate to discharge into streams, ponds or lakes.

5. The composter shall not be constructed less than 200 feet from a stream, private potable water supply well, or any other potable water supply source, except in accordance with Section 14.2(b) of the Illinois Environmental Protection Act.

6. The composter shall not be constructed within the applicable 200- or 400-foot minimum setback zone of an existing community water supply well as established pursuant to Section 14.2 of the Illinois Environmental Protection Act.

7. A composting site shall be located at least ¼ mile from the nearest occupied residence (other than a residence located on the same property as the facility).

8. The composter shall consist of at least two bins, allowing operation as primary and secondary composting sequences.

9. The composter shall be constructed of permanent rot-resistant materials, such as preservative-treated wood or concrete.

10. The size of the composter shall be based on the greatest projected offal rate from animals during any 3-month period of the year.

11. The composter bin minimum width dimension shall be at least one foot greater than the width of the loader bucket used for turning the compost.

12. A composting thermometer with a minimum probe length of 36" shall be kept available at the facility for monitoring progress of the compost process.

13. Records of offal additions, composter operation and land application of finished compost shall be maintained on the premises.

14. Composting shall comply with the following guidelines:

A) Coarse sawmill sawdust, shredded corn stalks, chopped straw, coarse-ground corn cobs, and other materials possessing like properties and having similar particle size are recommended as the carbon source.

B) A supply of carbon source materials shall be stockpiled and maintained on the premises at all times when the composter is in operation.

C) Finished compost from the offal composting process (secondary bins) may be re-used in an amount appropriate to maintaining proper composting operation (up to 50% volume of re-used finished compost suggested).

D) Offal placed on the floor of a primary bin shall be mixed in a 50/50 ratio to carbon source material and underlain with at least 12" of absorbent carbon source material.

E) Any offal placed in the primary composter bin shall be immediately covered with a layer of carbon source material to a depth of at least 12" on top and all sides. Carbon source material shall be added to the composter daily or as frequently as needed to sustain a cover of carbon source material over all parts of carcasses in the bin's uppermost layer.

F) Offal and carbon source material may be added to the primary bin until the bin is full.

G) The composting process shall be monitored and managed in such a way that heating and decomposition can proceed to completion (typically 3 months in the primary bin from the time the last carcass is placed in the bin and another 3 months in the secondary bin from the time the compost is moved into the secondary bin from the primary bin). Water shall be added as necessary to adjust the moisture content of the compost and promote further composting activity.

H) Finished compost shall be agronomically distributed over land under cultivation or reused in the composting process. Finished compost may be returned to the primary composting bin in a ratio of up to 50% finished compost to fresh carbon source material. For the purpose of this subsection (g)(14)(H), the agronomic rate is the annual application rate of the compost, either alone or in combination with other nutrient supplying materials, which is necessary to achieve a reasonable crop yield without exceeding crop nutrient requirements.

History

• Source: Amended at 44 Ill. Reg. 19467, effective December 3, 2020

8 Ill. Adm. Code 90.120 Collection Center

A collection center shall comply with the following requirements:

a) The location of a collection center shall be in compliance with local zoning ordinances before the Department will issue a license.

b) The collection center shall be covered by a metal roof or other permanent type structure. The building shall be equipped with louver-type ventilators which are so screened as to prevent rodents and other animals, birds, flies, and insects from entering.

c) Hot water or steam shall be provided to thoroughly clean the collection center premises.

d) The collection center equipment and premises shall be disinfected with a product approved by the United States Department of Agriculture (9 CFR 71.10 (2004)). Incorporation by reference does not include any amendments or editions beyond the date specified and may be viewed and/or copied at the Department's Springfield office.

History

• Source: Amended at 28 Ill. Reg. 13415, effective October 1, 2004

8 Ill. Adm. Code 90.130 Disposal by Collection Center of Unusable Materials

Paunch manure, quantities of hair, feathers, and other unusable materials shall be routinely disposed of by burning, burying or spreading with manure spreader on cultivated ground not used for pasture of livestock.

History

• Source: Added at 8 Ill. Reg. 5937, effective April 23, 1984

8 Ill. Adm. Code 100.10 Requirements for Establishing and Maintaining Validated Brucellosis-Free Herds of Swine

a) General Requirements

1. Validated brucellosis-free herd certificates are issued cooperatively by the Department and the Animal and Plant Health Inspection Service.

2. Validation shall be extended upon evidence of compliance with the requirements for maintenance of a validated brucellosis-free swine herd as provided in this rule.

3. All blood samples for validation or revalidation shall be collected by an accredited veterinarian and shall be submitted for diagnosis to an approved laboratory. Information concerning approved laboratories can be obtained from the Department. The veterinarian should indicate on each test chart that the test is being conducted to qualify a swine herd for validation or revalidation.

4. Initial tests to qualify for validation shall be made at owner's expense except as specified under subsection (b)(2) of this Section.

5. A "validated herd" shall consist of at least 5 animals and shall be considered as including all animals in the herd 6 months of age or over. All swine being held for feeding purposes, separate and apart from breeding swine, are exempted from herd test requirements.

6. Any purebred animal OR any inbred or hybrid animal registered with a livestock registry association shall be identified by registration number, registry association approved individual tattoo, ear notch, or an ear tag. Any grade animal shall be identified by an ear tag or tattoo. If any animal is retagged between tests, the identification of the previous test shall be shown on the test chart opposite new retag number.

b) To Qualify for Validation

1. Herds which have shown no previous infection may be validated upon completion of one negative herd test of all breeding swine 6 months of age and over. Validation applies to all offspring, including Specific Pathogen-Free (SPF) pigs from such herds.

2. When reactors are disclosed in a herd in the process of becoming validated, the entire herd is placed under quarantine and the reactors shall be immediately isolated from the remainder of the herd. The reactor animals shall be tagged in the left ear with a reactor identification tag, disposed of within 15 days of report by the laboratory, a report of disposal made to the Department, and the entire herd subjected to brucellosis retests at intervals of not less than 30 nor more than 90 days. Quarantine will be released upon completion of one negative complete herd test; completion of two consecutive negative complete herd tests will qualify a herd for validation. (Complete herd retest for release of quarantine shall be at State expense, provided funds are available.)

c) Maintenance Requirements

1. Validated brucellosis-free herd status is maintained by subjecting all swine over 6 months of age in the herd to an official brucellosis serologic test at least once each year (this shall be accomplished by testing 25 percent of swine over 6 months of age every 80 to 105 days and finding all swine so tested negative, or by testing 10 percent of the swine over 6 months of age each month and finding all swine so tested negative). No swine may be tested twice in one year to comply with the 25 percent requirement nor twice in ten months to comply with the 10 percent requirement. If the members of the validated herd are maintained on more than one premises, 25 or 10 percent of the swine on each premises shall be retested as required. If the 25 or 10 percent retests are not conducted when due, the revalidation requirements shall then be the same as for initial validation.

2. Reactors:

If reactors are disclosed on the 25 percent quarterly or 10 percent monthly est, the herd will be quarantined and the validated herd status suspended until a herd test is conducted. Such test may be at State expense, provided funds are available. The herd test should be conducted within 30 days of disclosure of the reactor. A negative test will qualify the herd for release of quarantine and revalidation. If additional reactors are disclosed, the herd will be considered again in the process of validation as under subsection (b) (2) of this Section.

3. Additions to Validated Brucellosis-Free Swine Herds:

A) Native Animals:

i) Animals originating directly from a validated herd in good standing, without test (owner shall furnish proof of same to the Department), or

ii) Animals from non-validated herds provided they have passed a negative test within 60 days and are held in isolation from the validated herd until passing a second negative test at least 60 days but not more than 90 days after the first test in the case of boars, or open gilts, or after farrowing in the case of bred sows and gilts.

B) Animals From Out-of-State: All animals from out-of-state accompanied by an approved interstate health certificate, showing compliance with Illinois entry requirements as defined in Section 4 of the Act, may be added to a validated herd, if they qualify as follows:

i) Animals originating directly from a validated herd in good standing, without test (owner shall furnish an official health certificate to the Department), or

ii) Animals from non-validated herds provided they have passed a negative test within 30 days prior to addition, and are held in isolation from the validated herd until passing a second negative test at least 60 days but not more than 90 days after the first test, in the case of boars and open gilts, or after farrowing in the case of bred sows and gilts.

C) Additions are not recognized as a part of the validated herd until the required negative retests have been reported to the Illinois Department of Agriculture.

d) Segregation of Feeding Animals

All swine brought on to the farm for feeding purposes shall be segregated from the breeding herd.

History

• Source: Amended at 20 Ill. Reg. 1557, effective January 12, 1996

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 100 Swine Brucellosis

8 Ill. Adm. Code 100.20 Brucellosis Reactors Disclosed in Non-Validated Swine Herds

a) One Reactor:

1. If one reactor is disclosed on a partial herd test, or test of an individual animal from a breeding herd:

A) The reactor shall be tagged in the left ear with a reactor identification tag and shipped direct to slaughter within 15 days.

B) An official test for brucellosis shall be conducted within 15 days on a representative sample of at least 50 percent of all breeding swine in the herd 6 months of age and over. If at least 50 percent of the herd is not tested within 30 days, the entire herd is to be placed under quarantine until tested and determined free of brucellosis infection, at which time the quarantine shall be released.

2. If one reactor is disclosed on a complete herd test:

A) The reactor shall be tagged in the left ear with a reactor identification tag and shipped direct to slaughter within 15 days.

B) At least 50 percent of the herd is to be retested in 30-45 days. If a test of at least 50 percent of the herd is not conducted within 60 days, the herd is to be placed under quarantine until tested and determined free of brucellosis infection.

b) Two or More Reactors:

If two or more reactors are disclosed on either a partial or complete herd test:

1. Each reactor shall be tagged in the left ear with a reactor identification tag and shipped direct to slaughter within 15 days.

2. The entire herd shall be placed under quarantine and complete brucellosis herd tests conducted as follows:

A) Partial Herd Test – All breeding swine in the herd 6 months of age and over shall be tested for brucellosis immediately. Thereafter, the entire herd is to be retested at 30-45 day intervals until determined free of brucellosis infection, at which time the quarantine may be released.

B) Complete Herd Test – The entire herd is to be retested at 30-45 day intervals until determined free of brucellosis infection, at which time the quarantine may be released.

c) Swine Brucellosis Reactors Disclosed on Test at Markets:

Each such reactor animal shall be tagged in the left ear with a reactor identification tag and shipped direct to slaughter. The negative animals in the consignment must either be sold direct to slaughter OR returned to the farm of origin and comply with (a) or (b) of this Section.

History

• Source: Amended at 7 Ill. Reg. 871, effective January 10, 1983

8 Ill. Adm. Code 100.30 Breeding Animals Consigned to Slaughter

Before being mixed with swine from any other source, all breeding animals consigned to slaughter or offered for sale for slaughter shall be identified to the herd of origin by an approved identification tag (9 CFR 78.33, 2011). Incorporation by reference does not include any later amendments or editions beyond the date specified. A report of such identification (9 CFR 78.33(d), 2011) shall be made on forms provided by the United States Department of Agriculture and shall be submitted to the Department within 30 days of application.

History

• Source: Amended at 36 Ill. Reg. 13601, effective September 1, 2012

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 105 Swine Disease Control and Eradication Act

8 Ill. Adm. Code 105.5 Definitions

The definitions for this Part shall be as set forth in the general definitions Section (8 Ill. Adm. Code 20.1). Also, the following definitions shall apply to this Part:

"Act" means the Illinois Swine Disease Control and Eradication Act [510 ILCS 100].

"Feral swine" mean swine that have lived any part of their lives free roaming. Swine may lose their designation as feral if they are maintained in captivity for at least 30 days and are tested negative for pseudorabies and brucellosis.

"Official random-sample test" (95/5) means a sampling procedure utilizing official pseudorabies serologic tests that provides a 95% probability of detecting infection in a herd in which at least 5% of the swine are seropositive for pseudorabies. Each segregated group of swine on an individual premises must be considered a separate herd and sampled as follows:

Less than 100 head − test 45

100-200 head − test 51

201-999 head − test 57

1000 and over − test 59

"Official random-sample test" (95/10) means a sampling procedure utilizing official pseudorabies serologic tests that provides a 95% probability of detecting infection in a herd in which at least 10% of the swine are seropositive for pseudorabies. Each segregated group of swine on an individual premises must be considered a separate herd and sampled as follows:

Less than 100 head − test 25

100-200 head − test 27

201-999 head − test 28

1000 and over − test 29

"Pig shows/sales" means events where feeder swine are commingled and sold with the intent of the swine being used for exhibition purposes.

"Site tattoo" means a permanent mark applied in the right ear or a slap tattoo on the right shoulder showing a unique number giving state and herd of origin. The unique number shall be assigned and approved by the Chief Animal Health Official of the state of origin or by the Federal Veterinarian in charge for that state.

History

• Source: Amended at 24 Ill. Reg. 16635, effective November 1, 2000

8 Ill. Adm. Code 105.7 Incorporation by Reference

The Pseudorabies Eradication State-Federal-Industry Program Standards (Jan. 2002) as approved by the United States Animal Health Association (P.O. Box 28176, Suite 205, 6924 Lakeside Avenue, Richmond, Virginia 23228-0176) and the Swine Brucellosis Eradication Uniform Methods and Rules (April 1998; as approved by the United States Animal Health Association, P.O. Box K227, Suite 114, 1610 Forest Avenue, Richmond, Virginia 23228) are incorporated by reference in this Part and do not include any later amendments or editions beyond the date specified.

History

• Source: Amended at 26 Ill. Reg. 14630, effective September 23, 2002

8 Ill. Adm. Code 105.10 Swine Entering Illinois for Feeding Purposes Only

a) Feeder swine, except feral swine, may enter Illinois provided they are identified by an ear tag or site tattoo in the right ear showing state of origin and accompanied by a permit from the Department and an official health certificate.

b) The official health certificate shall:

1. Be issued by an accredited veterinarian of the state of origin or a veterinarian in the employ of the United States Department of Agriculture;

2. Be approved by the Animal Health Official of state of origin;

3. Show that the feeder swine are free from visible evidence of any contagious, infectious, or communicable disease or exposure thereto;

4. Show that the feeder swine are not from a quarantined herd and/or area;

5. List number and description of the feeder swine, site tattoos, ear tag series or location of ear tag records when pigs originate from cooperative feeder pig sales; and

6. Show that the swine originate from a herd in which a representative sample of the herd has been tested and found negative for pseudorabies (8 Ill. Adm. Code 115.80), originate from a qualified pseudorabies negative or pseudorabies negative gene-altered vaccinated herd that is conducting monthly monitoring tests, or originate from a state that has been classified as Stage IV or V under the Pseudorabies Eradication State-Federal-Industry Program Standards. If there are multiple pseudorabies classifications within a state, the lowest classification shall be recognized by the Department as the classification for that entire state.

c) Permits:

1. Permits to import feeder swine shall only be issued to:

A) An Illinois licensed feeder swine dealer; and

B) A person importing pigs to feed on his or her own premises and not for resale other than to slaughter.

2. Applicant for permit shall furnish the following information to the Department:

A) Name and complete mailing address of Illinois destination.

B) Name and address of consignor.

C) Number of swine in shipment.

D) Pseudorabies vaccination status of swine.

3. Grounds for refusal to issue a permit are:

A) Violation of the Act or this Part.

B) If a person should be licensed under the Illinois Feeder Swine Dealer Licensing Act [225 ILCS 620] and his or her license is not in good standing with the Department.

C) Presence of a disease that might endanger the Illinois swine industry.

d) Imported isowean or feeder swine from Stage I or II states shall be quarantined to the Illinois premises until a 95/10 random sample test has been performed on the imported animals 21 to 60 days post-importation.

e) Feeder swine entering Illinois in accordance with the provisions governing the interstate movement of swine within a production system (9 CFR 71 and 9 CFR 85 (2015)) are exempt from the certificate of veterinary inspection, individual identification and permit requirements.

History

• Source: Amended at 40 Ill. Reg. 2716, effective January 22, 2016

8 Ill. Adm. Code 105.20 Quarantine of Imported Feeder Swine (repealed)

History

• Source: Repealed at 26 Ill. Reg. 14630, effective September 23, 2002

8 Ill. Adm. Code 105.30 Swine Entering Illinois for Breeding Purposes

a) Swine for breeding purposes, or of breeding age, returning to Illinois after exhibition, except feral swine, may enter Illinois provided they are accompanied by a permit from the Department and an official health certificate.

b) Official health certificate shall:

1. Be issued by an accredited veterinarian of the state of origin or by a veterinarian in the employ of the United States Department of Agriculture;

2. Be approved by the Animal Health Official of the state of origin;

3. Identify each animal by registration number, approved ear tag, breed registry tattoo, or ear notch approved by the respective breed registry;

4. Show the swine are free from visible evidence of contagious, infectious, or communicable diseases;

5. Show that the swine are not from a quarantined herd and/or area;

6. Show any swine more than 4 months of age to be negative to an official test for brucellosis, conducted by an approved laboratory within 30 days prior to entry, or that the swine originate from a validated brucellosis-free herd, with validated herd number and validation date listed on the health certificate, or that the swine originate from a validated brucellosis-free state or area (Swine Brucellosis Eradication Uniform Methods and Rules); and

7. Show any swine to be negative to an official test for pseudorabies conducted by an approved laboratory within 15 days prior to entry or that the swine originated from a qualified pseudorabies negative herd where at least half of the last monitoring test has been conducted within 15 days (testing half of the required monthly number of swine every 15 days is acceptable in Stage I or II states only; monthly testing is acceptable in Stage III states), with the qualified herd number and qualification date listed on the health certificate, pseudorabies vaccination status of swine, or that the swine originated from a country that meets the requirements for Stage V or from a state that has been classified as Stage IV or Stage V under the Pseudorabies Eradication State-Federal-Industry Program Standards. If there are multiple pseudorabies classifications within a state, the lowest classification shall be recognized by the Department as the classification for that entire state if the state is split with a classification of Stage III and below. Split state status will be recognized for split Stage III/IV and above.

c) Permits:

1. Permits to import breeding swine shall be issued by telephoning or writing the Department.

2. Applicant for permit shall furnish the following information to the Department:

A) Name and complete mailing address of Illinois destination;

B) Name and address of consignor;

C) Number of swine in shipment; and

D) Pseudorabies vaccination status of swine.

3. Grounds for refusal to issue a permit are:

A) Violation of the Act or this Part; and

B) Presence of a disease that might endanger the Illinois swine industry.

d) Imported breeding animals or swine of breeding age returning to Illinois after exhibition shall be kept quarantined and isolated until a percentage of the imported breeding swine are retested and negative to an official test for pseudorabies conducted not less than 21 days nor more than 60 days after entering Illinois. If the number of imported breeding animals is 35 or less, all or at least 10 animals, whichever is less, are to be tested. If more than 36 imported breeding animals are involved, a minimum of 30% or 30 animals, whichever is less, is to be tested. Imported breeding swine originating from a country that meets the requirements for Stage V or a state that has been classified as Stage IV or Stage V under the Pseudorabies Eradication State-Federal-Industry Program Standards are exempt from the isolation and retest provisions. If there are multiple pseudorabies classifications within a state, the lowest classification shall be recognized by the Department as the classification for that entire state if the state is split with a classification of Stage III and below. Split state status will be recognized for split Stage III/IV and above.

e) Breeding swine entering Illinois in accordance with the provisions governing the interstate movement of swine within a production system (9 CFR 71 and 9 CFR 85 (2015)) are exempt from the certificate of veterinary inspection, individual identification and permit requirements.

History

• Source: Amended at 40 Ill. Reg. 2716, effective January 22, 2016

8 Ill. Adm. Code 105.40 Pseudorabies (Aujeszky's Disease) in Swine (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 3440, effective January 22, 1988

8 Ill. Adm. Code 105.41 General Requirements for Qualified Pseudorabies Negative, Controlled Vaccinated and Feeder Swine Pseudorabies Monitored Herds (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 3440, effective January 22, 1988

8 Ill. Adm. Code 105.42 Requirements for Establishing and Maintaining Qualified Pseudorabies Negative Herds (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 3440, effective January 22, 1988

8 Ill. Adm. Code 105.44 Requirements for Establishing and Maintaining Pseudorabies Controlled Vaccinated Swine Herds (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 3440, effective January 22, 1988

8 Ill. Adm. Code 105.46 Requirements for Establishing and Maintaining Feeder Swine Pseudorabies Monitored Herds (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 3440, effective January 22, 1988

8 Ill. Adm. Code 105.50 Official Pseudorabies Test (Repealed)

History

• Source: Repealed at 8 Ill. Reg. 5998, effective April 23, 1984

8 Ill. Adm. Code 105.60 Pseudorabies Test Requirements for Intrastate Movement (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 3440, effective January 22, 1988

8 Ill. Adm. Code 105.70 Pseudorabies Testing of Feeder Swine (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 3440, effective January 22, 1988

8 Ill. Adm. Code 105.80 Feeder Swine (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 3440, effective January 22, 1988

8 Ill. Adm. Code 105.90 Feral Swine

a) Feral swine may enter Illinois for any reason provided they are accompanied by a permit from the Department and an official health certificate.

b) The official health certificate shall:

1. be issued by an accredited veterinarian of the state of origin or by a veterinarian in the employ of the United States Department of Agriculture;

2. be approved by the Animal Health Official of the state of origin;

3. identify each animal by official ear tag;

4. show the swine are free from visible evidence of contagious, infectious, or communicable diseases;

5. show the swine are not from a quarantined herd and/or area;

6. show any swine to be negative to an official test for brucellosis, conducted by an approved laboratory within 30 days prior to entry; and

7. show any swine to be negative to an official test for pseudorabies conducted by an approved laboratory within 30 days prior to entry.

c) Permits:

1. Permits to import feral swine shall be issued by telephoning or writing the Department.

2. Applicant for permit shall furnish the following information to the Department:

A) Name and mailing address of Illinois destination;

B) Name and address of consignor; and

C) Number of swine in shipment.

3. Grounds for refusal to issue a permit are:

A) Violation of the Act or this Part; and

B) Presence of a disease that might endanger the Illinois swine industry.

d) A percentage of the swine shall be retested and negative to an official test for pseudorabies conducted not less than 21 days nor more than 60 days after entering Illinois. If the number of animals is 35 or less, all or at least 10 animals, whichever is less, are to be tested. If more than 36 animals are involved, a minimum of 30 percent or 30 animals, whichever is less, is to be tested.

History

• Source: Amended at 36 Ill. Reg. 13604, effective September 1, 2012

8 Ill. Adm. Code 105.100 Feeder Swine Moving Through Pig Shows/Sales

All feeder swine moving through or entering Illinois from pig shows/sales must originate from a Stage IV or Stage V state or from a qualified pseudorabies negative herd, a qualified negative vaccinated herd, or a herd where a 95/10 test of the breeding herd was conducted within 30 days prior to shipment from a Stage III state. Feeder swine from a Stage I or II state will not be allowed at, or to enter from, pig shows/sales.

History

• Source: Added at 24 Ill. Reg. 1017, effective January 10, 2000

8 Ill. Adm. Code 105.110 Swine Entering Illinois for Exhibition Purposes Other Than Through Show/Pig Sales

Swine of any age entering Illinois for exhibition purposes other than through show/pig sales must comply with the following:

a) Exhibition swine may enter Illinois provided they are identified with an approved official identifier (see 9 CFR 86.1 (2015)) and accompanied by a permit from the Department and an official health certificate.

b) Official health certificate shall:

1. Be issued by an accredited veterinarian of the state of origin or a veterinarian in the employ of the United States Department of Agriculture;

2. Be approved by the Animal Health Official of state of origin;

3. Show that the exhibition swine are free from visible evidence of any contagious, infectious or communicable disease or exposure to those diseases;

4. Show that the exhibition swine are not from a quarantined herd and/or area;

5. Show that the swine originated from a Stage IV or V state (no test is required); or that the swine originated from a Stage III state and are negative to an official test for pseudorabies conducted within the 30 days prior to entry; or that the swine originated from a qualified pseudorabies negative herd in a Stage III state, and the qualified pseudorabies negative herd number and date of last qualification test is listed on the health certificate; or that the swine originated from a Stage I or II state and are negative to an official test for pseudorabies conducted within the 10 days prior to entry; and

6. Show breeding swine, four months of age and over, to be negative to an official test for brucellosis within 30 days prior to exhibition; or that the swine originated from a validated brucellosis-free herd with the herd number and date of last validation test listed on the health certification; or the swine originated from a validated brucellosis-free state or area.

c) Permits:

1. Applicant for permit shall furnish the following information to the Department:

A) Name and complete mailing address of Illinois destination;

B) Name and address of consignor;

C) Number of swine in shipment; and

D) Pseudorabies vaccination status of swine.

2. Grounds for refusal to issue a permit are:

A) Violation of the Act or this Part; and

B) Presence of a disease that might endanger the Illinois swine industry.

d) Swine consigned to terminal market classes must meet the same test requirements as exhibition swine if these classes are held with "exhibits not intended for slaughter". When terminal classes are held on a day when no other livestock are present, these animals are exempt from all test requirements and do not need a health certificate and permit, unless the animals are originating from Stage I or Stage II states, when the health certificate and permit is still required. All swine in terminal classes must be identified by a site tattoo. Swine from pseudorabies quarantined herds are not allowed to exhibit regardless of whether the show is terminal or non-terminal.

History

• Source: Amended at 40 Ill. Reg. 2716, effective January 22, 2016

8 Ill. Adm. Code 105.120 Illinois Exhibition Swine

Illinois exhibition swine of any age must meet the following requirements:

a) Be accompanied by a health certificate issued within 90 days prior to exhibition and individually identified with an approved official identifier (see 9 CFR 86.1(2015)).

b) The official health certificate shall:

1. Be issued by an accredited veterinarian of the state of origin or a veterinarian in the employ of the United States Department of Agriculture;

2. Show that the exhibition swine are free from visible evidence of any contagious, infectious or communicable disease or exposure to those diseases;

3. Show that the exhibition swine are not from a quarantined herd and/or area; and

4. Show that Illinois is a Stage IV or V state (no test is required); or the swine are negative to an official test for pseudorabies conducted within the 90 days prior to exhibition; or the swine originated from a qualified pseudorabies negative herd and the qualified pseudorabies negative herd number and date of last qualification test is listed on the health certificate.

c) Illinois swine exhibited in Stage I or Stage II states or out-of-state shows allowing Stage I or II state pigs to exhibit returning to Illinois must be isolated and retested negative to an official test for pseudorabies 21-60 days after returning to Illinois before being able to be exhibited in Illinois or return to the herd of origin.

d) Swine consigned to terminal market classes must meet the same test requirements as exhibition swine if these classes are held with "exhibits not intended for slaughter". When terminal classes are held on a day when no other livestock are present, these animals are exempt from all test requirements and do not need a health certificate. All swine in terminal classes must be identified by a site tattoo. Swine from pseudorabies quarantined herds are not allowed to exhibit regardless of whether the show is terminal or non-terminal.

History

• Source: Amended at 40 Ill. Reg. 2716, effective January 22, 2016

8 Ill. Adm. Code 105.130 Requirements for Establishing and Maintaining a Herd Under the Voluntary Porcine Reproductive and Respiratory Disease (PRRS) Monitored Herd Program

a) The following definitions shall be applicable to this Section:

"Accredited laboratory" means a laboratory operated by the Illinois Department of Agriculture or the University of Illinois College of Veterinary Medicine, or a laboratory approved by the Director (on the basis that it is using USDA approved methods).

"Herd" or "premises" means all animals under common ownership or supervision on a specific geographic area. The herd or premises is defined by the owner and veterinarian, and may include all or a portion of pork production under their control. A premises describes a physical space that is dedicated for use by the producer when entering the PRRS monitored herd program. For an entire production system to be monitored, all phases of production must be sampled and participate in the program. Producers can select the production group they wish to monitor. All phases of production up to and including the "selected" group must participate in the program. If multiple locations input swine into the proposed PRRS monitored production herd or premises, all sites must be sampled separately to validate the final PRRS monitoring herd defined premises.

"PRRS" means porcine reproductive and respiratory syndrome.

b) Criteria for herd to enter into or to remain in the voluntary monitoring herd program:

1. Participation in this program is voluntary and the producer/owner is responsible for the cost of testing.

2. All breeding swine that have been tested must have permanent identification such as registry association approved individual tattoo, ear notch, registration number or approved ear tags. "Approved ear tags" means any ear tag that is tamper resistant and has been approved for use by the USDA. Information concerning manufacturers of approved ear tags may be obtained from the Department.

3. The owner annually signs a producer agreement form verifying that the producer or manager:

A) understands the clinical signs of PRRS;

B) identifies a herd veterinarian;

C) agrees to work with that veterinarian in the event clinical signs of PRRS develop;

D) identifies the premises and animal production groups that will be monitored and the average number of animals per premises or production group; and

E) outlines the testing procedure employed to verify PRRS testing qualifications.

4. Quarter sample size for initial monitoring for all production systems and for monitoring phase for farrow-weaning sites (Table A):

Population size: Breeding

females or maximum G-F

Breeding

herd females

G-F Swine

(Grow-Finisher)

10 and under

9

9

11-20

15

15

21-30

18

18

31-40

20

20

41-50

22

22

51-100

25

25

101-200

27

27

201-1000

28

28

1001 and above

29

29

5. Quarter sample size for monitoring phase for farrow-finish and farrow-feeder pig herds (Table B):

Population size: Breeding

females or maximum G-F

Breeding

herd females

G-F Swine

(Grow-Finisher)

10 and under

7

7

11-20

10

10

21-30

11

11

31-40

12

12

41-50

12

12

51-200

13

13

201 and above

14

14

6. Upon completion of the four qualifying tests, the Director shall issue a certificate of PRRS monitoring for the herd. A new certificate will be issued annually upon completion of the required monitoring test and the receipt of the annual producer agreement form.

c) Procedure for monitoring farrow-finish and seedstock producer herds:

1. Initial herd monitoring:

A) Test the required number of swine (Table A) in the grow-finisher herd at 90-day intervals (+ or - 15 days) for a period of 12 months (4 tests total).

B) Blood test the required number of breeding stock (Table A) at 90-day intervals (+ or - 15 days) for a period of 12 months (4 tests total). No sow shall be sampled twice with 101 sows or more in the breeding herd. Individual identification is required.

C) External additions must be held in isolation and either tested prior to or within 10 days after arrival and identified and tested 40-60 days after arrival. Only after the retest can the animal be released from isolation. If a positive animal is detected, all co-mingled animals must be retested 30-40 days after the positive is disclosed. Any PRRS positive animal must be promptly removed from the monitored premises.

D) All internal replacements (gilts, boars, teaser boars) must be PRRS test negative prior to entry into the breeding herd.

2. Maintenance of monitored herd status:

A) Test animals in the grow-finisher according to Table B on 90-day intervals (+ or - 15 days). Pigs must weigh at least 90 pounds.

B) Test breeding herd according to Table B on 90-day intervals (+ or - 15 days). Sows must be of all parities and from each production phase (gestation, post-weaning, lactation, and off-premises gestation). Individual identification is required.

C) Additions to the herd shall be as prescribed in subsection (c)(1)(C).

d) Procedure for monitoring farrow-feeder pig premises:

1. Initial herd monitoring:

A) Test the required number of feeder pigs (Table A) at 90-day intervals (+ or - 15 days) for a period of 12 months (4 tests). The sample should represent the oldest pigs in the nursery. Pigs must be present in the nursery at least two weeks prior to the sampling to be eligible for testing. No identification is required. Multiple pens and litters must be sampled.

B) Test the required number of breeding swine (Table A) at 90-day intervals (+ or - 15 days) for a period of 12 months (4 tests). No sow will be sampled twice in herds of 101 or more sows during the year. Individual identification is required.

C) External additions must be held in isolation and either tested prior to or within 10 days after arrival and identified and tested 40-60 days after arrival. Only after the test can the animal be released from isolation. If a positive animal is detected, all in-contact animals must be retested 30-40 days after the positive is disclosed. Any PRRS positive animal must be promptly removed from the monitored premises.

D) All internal replacements (gilts, boars, teaser boars) must be PRRS test negative prior to entry into the breeding herd.

2. Maintenance of monitored herd status:

A) Test the feeder pigs according to Table B on 90-day intervals (+ or - 15 days). The sample should represent the oldest pigs in the nursery. Pigs must be present in the nursery at least two weeks prior to the sampling to be eligible for testing. No identification is required. Multiple pens and litters must be sampled.

B) Test breeding herd according to Table B on 90-day intervals (+ or - 15 days). Sows must be of all parities and from each production phase (gestation, post-weaning, lactation, and off-premises gestation). Individual identification is required.

C) Additions to the herd shall be as prescribed in subsection (d)(1)(C).

e) Procedure for monitoring farrow-weaning pig premises:

1. Initial herd monitoring:

A) No piglet sampling is required.

B) Test the required number of breeding swine (Table A) at 90-day intervals (+ or - 15 days) for a period of 12 months (4 tests). No sow will be sampled twice in herds of 101 or more sows during the year. Individual identification is required.

C) External additions must be held in isolation and either tested prior to or within 10 days after arrival and identified and tested 40-60 days after arrival. Only after the retest can the animal be released from isolation. If a positive animal is detected, all in-contact animals must be retested 30-40 days after the positive is disclosed. Any PRRS positive animal must be promptly removed from the monitored premises.

D) All internal replacements (gilts, boars, teaser boars) must be PRRS test negative prior to entry into the breeding herd.

2. Maintenance of monitored herd status:

A) No piglet sampling is required.

B) Test breeding herd according to Table B on 90-day intervals (+ or - 15 days). Sows must be of all parities and from each production phase (gestation, post-weaning, lactation and off-premises gestation). Individual identification is required.

C) Additions to the herd shall be as prescribed in subsection (e)(1)(C).

f) Procedure for monitoring boar stud premises where only seronegative boars can reside:

1. Initial herd monitoring:

A) All boars must be tested every six months (+ or - 15 days) for a period of 12 months (two tests).

B) All incoming boars must be tested prior to arrival or within 10 days after arrival and again 40-60 days after arrival. Boars must originate from a farm where there has been no evidence of PRRS for at least one year. The herd of origin must not be using PRRS vaccine.

2. Maintenance of monitored herd status:

A) Test the required number of boars (Table B) every 90 days (+ or - 15 days).

B) All incoming boars must be tested prior to arrival or within 10 days after arrival and again 40-60 days after arrival. Boars must originate from a farm where there has been no evidence of PRRS for at least one year. The herd of origin must not be using PRRS vaccine.

g) Suspension or revocation of monitored herd status:

1. If a positive animal is detected during a monitoring test, the monitored herd status shall be suspended until all in-contact animals have been retested 30-40 days after the positive is disclosed. Any PRRS positive animals must be promptly removed from the monitored premises. If subsequent positives are revealed, the monitored herd status shall be revoked.

2. Failure to conduct the required testing shall result in the revocation of the monitored herd status.

History

• Source: Amended at 36 Ill. Reg. 13604, effective September 1, 2012

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 115 Illinois Pseudorabies Control Act

8 Ill. Adm. Code 115.10 Definitions

The definitions for this Part shall be as set forth in the general definitions Section (8 Ill. Adm. Code 20.1). Also, the following definitions shall apply to this Part:

"Act" means the Illinois Pseudorabies Control Act [510 ILCS 90].

"Official random-sample test (95/5)" means a sampling procedure utilizing official pseudorabies serologic tests that provide a 95 percent probability of detecting infection in a herd in which at least 5 percent of the swine are seropositive for pseudorabies. Each separated group of swine on an individual premises must be considered a separate herd and sampled as follows:

Less than 100 head – test 45

100-200 head – test 51

201-999 head – test 57

1000 and over – test 59

"Official random-sample test (95/10)" means a sampling procedure utilizing official pseudorabies serologic tests that provide a 95 percent probability of detecting infection in a herd in which at least 10 percent of the swine are seropositive for pseudorabies. Each segregated group of swine on an individual premises must be considered a separate herd and sampled as follows:

Less than 100 head – test 25

100-200 head – test 27

201-999 head – test 28

1000 and over – test 29

"Official test" or "test" means any serologic test for the detection of pseudorabies (serum neutralization (SN), for example) as approved by the United States Department of Agriculture (9 CFR 85.1, 2002) and conducted in an approved laboratory.

History

• Source: Amended at 26 Ill. Reg. 14638, effective September 23, 2002

8 Ill. Adm. Code 115.15 Incorporation by Reference

The Pseudorabies Eradication State-Federal-Industry Program Standards (Jan. 2001), as approved by the United States Animal Health Association (P.O. Box 28176, Suite 205, 6924 Lakeside Avenue, Richmond, Virginia 23228-0176) is incorporated by reference in this Part and does not include any later amendments or editions beyond the date specified.

History

• Source: Amended at 26 Ill. Reg. 118, effective January 1, 2002

8 Ill. Adm. Code 115.20 Pseudorabies Quarantines

a) When pseudorabies has been diagnosed in a swine herd, such herd shall be placed under quarantine when:

1. It has been determined that there have been multiple swine deaths on the premises that are attributable to pseudorabies AND that swine are actually ill of a disease clinically diagnosed as pseudorabies; OR

2. Pseudorabies (Aujeszky's disease) has been confirmed by diagnosis by an approved laboratory; OR

3. One or more swine are positive to an official test for pseudorabies. Positive swine may be retested once. The results of the retest will be considered final.

b) Quarantined animals shall not be sold, loaned or traded except for slaughter. Such swine may be shipped to any market, except those which release swine for breeding or feeding purposes which do not have complete separation in space and usage of slaughter swine from breeding and feeding swine. Examples of markets which shall not receive such swine for slaughter are livestock auction markets which do not have complete separation in space and usage of slaughter swine from breeding and feeding swine, other markets licensed as feeder swine dealers, or order buyers and other slaughter buyers releasing swine for breeding or feeding purposes.

c) Pseudorabies quarantines shall be released when:

1. All swine on the premises have been shipped to slaughter, the premises have been cleaned and disinfected, and the premises have remained vacant for at least 30 days; OR

2. Two negative official pseudorabies tests at least 90 days apart have been obtained on a representative sample of the breeding swine in the herd 6 months of age and over not less than 30 days after the last positive animal has been shipped to slaughter. In herds of 35 animals or less, a representative sample is all or 10 animals, whichever is less. In herds of 36 to 299 animals, a representative sample is 30% or 30 animals, whichever is less. In herds of 300 animals or more, a representative sample is a minimum of 10%. A post quarantine test of a representative sample of the herd based on the above criteria shall be conducted between six and twelve months after release of quarantine; OR

3. A negative test has been made on the complete breeding herd at least 30 days after the last known exposed swine have left the premises.

4. The Department shall require additional herd tests prior to release of quarantine when epidemiologic evidence, such as, the presence of pseudorabies on neighboring farms or indications of reintroduction of infection into the herd is apparent.

History

• Source: Amended at 16 Ill. Reg. 11781, effective July 8, 1992

8 Ill. Adm. Code 115.30 General Requirements for Qualified Pseudorabies Negative, Negative Gene-Altered Vaccinated and Feeder Swine Pseudorabies Monitored Herds

a) Herd certificates shall be issued upon completion of the required initial tests. Each certificate shall include a herd number.

b) Herds shall consist of at least 5 swine and shall be considered as including all breeding swine in the herd 6 months of age and over.

c) All swine shall be identified by registry association approved individual tattoo, ear notch, registration number or ear tag.

d) Blood samples shall be collected by an accredited veterinarian and shall be submitted to an approved laboratory for diagnosis. The veterinarian shall indicate the purpose for which the test is being conducted on the test chart.

e) Positive animals disclosed as a result of initial or maintenance testing and the herd involved shall also be subject to the requirements of Section 115.20.

f) Swine maintained as feeder swine on the same premises as these herds must be farrowed on the farm, OR must enter the premises under the provisions required for breeding swine 8 Ill. Adm. Code 105.30 or Section 115.70 of this Part.

g) The owner shall annually provide the breed of animals, method of identification, and inventory of the herd and agree to abide by the rules of this Part.

h) Testing and/or vaccinating costs shall be at the expense of the owner. The Department shall not be responsible for any damage or loss incurred as a result of testing and/or vaccination.

i) The owner shall permit authorized representatives of the Department to inspect the premises and the herd.

j) Failure to meet the requirements for maintenance of a certificate shall result in its revocation.

History

• Source: Amended at 16 Ill. Reg. 11781, effective July 8, 1992

8 Ill. Adm. Code 115.40 Requirements for Establishing and Maintaining Qualified Pseudorabies Negative Herds

a) Initial Requirements:

1. Herds which are not under quarantine for pseudorabies shall be initially qualified upon completion of one negative herd test of all breeding swine 6 months of age and over plus a number of progeny equal to 20 percent of the breeding swine population of the herd. Progeny shall be randomly selected from the swine between 4 and 6 months of age.

2. A minimum of 90 percent of the herd shall have been on the premises for at least 60 days OR shall have originated direct from another qualified pseudorabies negative herd.

3. If positive swine are disclosed in a herd in the process of becoming a qualified pseudorabies negative herd, the positive animals shall be immediately isolated from the remainder of the herd and be disposed of for slaughter OR be maintained on another premises separate and apart from that where the negative swine are maintained. The herd shall then be recognized as a qualified pseudorabies negative herd when it has complied with the provisions of Section 115.40(a)(1).

4. A qualified pseudorabies negative herd may be established without a complete herd test if all the swine originate from qualified pseudorabies negative herds and, within 21-45 days after arrival, all swine in the initial shipment (up to 50 animals) are tested and found negative.

b) Maintenance Requirements:

1. Qualified pseudorabies negative herd status is maintained by subjecting all swine over 6 months of age in the herd to an official pseudorabies serologic test at least once each year (this shall be accomplished by testing 20 percent of swine 6 months of age and over and a number of offspring 4 to 6 months of age located on the same premises as the breeding herd equal to 6 percent of the breeding animals in the herd every 80 to 105 days and finding all swine so tested negative, or by testing 7 percent of all breeding swine 6 months of age or older, and a test of the offspring 4 to 6 months of age located on the same premises equal to 2 percent of the breeding animals in the herd each month and finding all swine so tested negative). If the members of the qualified herd are maintained on more than one premises, 20 percent plus progeny or 7 percent plus progeny of the swine on each premises shall be retested as required. If the retests are not conducted when due, the requalification requirements shall then be the same as for initial qualification. Upon approval from the Director, status may also be maintained on the basis of a monthly negative official random-sample test (95/5) in each separate population of breeding swine on a premises, and a monthly test of 50 offspring 4 to 6 months of age located on the same premises as the breeding herd. Sampling in the population must be random, and the test protocol in the herd must be part of the approval. Progeny must be selected at random from all groups on the premises.

2. If positive swine are disclosed on a requalification test, or on a test for any other purpose, the positive swine shall be immediately isolated from the remainder of the herd and be disposed of for slaughter OR maintained on another premises separate and apart from that where the negative swine are maintained. The infected premises or portions thereof shall be cleaned and disinfected. Such herd may again be recognized as a qualified pseudorabies negative herd upon completion of a negative herd test of all swine in the herd 6 months of age and over and an official random-sample test (95/10) of progeny 2-6 months of age conducted not less than 30 days after the last infected swine have been removed and the premises cleaned and disinfected.

c) Additions:

1. Swine originating in another qualified pseudorabies negative herd may enter Illinois qualified pseudorabies negative herd without test.

2. Swine originating from other than a qualified pseudorabies negative herd shall be negative to an official test for pseudorabies conducted not more than 30 days prior to entry into the herd, shall be held in isolation from the other members of the qualified herd, and shall be retested and negative to an official test for pseudorabies not less than 30 nor more than 60 days following entry.

3. Members of a qualified pseudorabies negative herd which are exhibited or are otherwise commingled with swine from non-qualified pseudorabies negative herds shall be held in isolation on the herd premises for a minimum of 30 days after return AND shall be tested and negative to an official test for pseudorabies before being reunited with other members of the qualified herd.

d) Establishing and maintaining a qualified pseudorabies negative growout premises on which no adult breeding swine are maintained.

1. In herds where the pigs are moved within one week after weaning from a pseudorabies negative herd to either a growout or sales point, a pseudorabies test is not required.

2. Pseudorabies negative status may be attained in the growout facility by a monthly negative random-sample test (95/5) beginning within 30 days after the establishment of the herd, except that in all-in/all-out units, one test of 50 head is required of each group. If the breeding herd, growout and sales point herd are all located in Illinois, testing is not required.

3. Pseudorabies negative status is attained in the sales point herd by a negative official pseudorabies test of the entire initial shipment or 50 head selected at random, whichever is less. Pseudorabies negative status may be maintained by a monthly negative official pseudorabies test of 50 swine selected at random from those that have been in the herd at least 30 days, except that in all-in/all-out units, one test of 50 head is required of each group. Each segregated group of swine on an individual premises must be considered a separate herd.

History

• Source: Amended at 23 Ill. Reg. 434, effective January 1, 1999

8 Ill. Adm. Code 115.50 Requirements for Establishing and Maintaining Pseudorabies Qualified-Negative Gene-Altered Vaccinated (qnv) Swine Herds

a) Initial Requirements:

1. Pseudorabies qualified-negative gene-altered vaccinated (QNV) herd status may be granted if no swine in the herd are known to be infected with or exposed to pseudorabies and if the only swine vaccinated for pseudorabies have been vaccinated with a single official gene-altered pseudorabies vaccine. All swine over 6 months of age plus a number of the progeny equal to 20 percent of the breeding swine population of the herd must be subjected to an approved differential pseudorabies test and all swine must be negative. Progeny shall be randomly selected from swine between 4 and 6 months of age.

2. A minimum of 90 percent of the herd shall have been on the premises for at least 60 days OR originate directly from a qualified pseudorabies negative swine herd or from another QNV herd.

3. If positive swine are disclosed in a herd in the process of becoming a QNV herd, the positive swine shall be immediately isolated from the remainder of the herd and may be retested at the owner's expense with the special laboratory test designated to determine vaccination titers from field exposure. If the swine are determined to be positive only as a result of vaccination titers, the herd shall then be granted QNV herd status. If the swine are determined to be infected with field virus, the positive swine shall be disposed of for slaughter OR be maintained on another premises separate and apart from that where the negative swine are maintained. The premises shall be cleaned and disinfected following removal of the positive swine. The herd shall then be granted QNV herd status when it has complied with the provisions of subsection (a)(1).

b) Maintenance Requirements:

1. QNV herd status shall be maintained continuously by a negative retest of 20 percent of all breeding swine 6 months of age or older, and a number of offspring 4 to 6 months of age located on the same premises as the breeding herd equal to 6 percent of the breeding animals in the herd, at approximately each 90 days (80-105 days) OR 7 percent of all breeding swine 6 months of age or older, and a number of offspring 4 to 6 months of age located on the same premises as the breeding herd equal to 2 percent of the breeding animals in the herd, at approximately each 30 days (25-35 days). Upon approval from the Director, status may also be maintained on the basis of a monthly negative official random-sample test (95/5) in each separate population of breeding swine on a premises, and a monthly test of 50 offspring 4 to 6 months of age located on the same premises as the breeding herd. Sampling in the population must be random, and the test protocol in the herd must be part of the approval. Progeny must be selected at random from all groups on the premises. The same animals shall not be retested for requalification purposes in any 12-month period, except during the first 12-month period following the initial qualification test. If the members of the qualified herd are maintained on more than one premises, 20 or 7 percent plus progeny of the swine on each premises shall be retested as required. If the 20 or 7 percent plus progeny retests are not conducted when due, the requalification requirements shall then be the same as for initial qualification. Progeny testing on multisite herds shall be as in Section 115.40(d) of this Part.

2. If positive swine are disclosed on a maintenance test, or on a test for any other purpose, QNV herd status shall be suspended. Positive swine shall be immediately isolated from the remainder of the herd and may be retested at owner's expense with the special laboratory test designated to determine vaccination titers from field exposure. If the swine are determined to be positive only as a result of vaccination titer, the QNV herd status will be restored. If the swine are determined to be infected with field virus, they shall be disposed of for slaughter OR maintained on another premises separate and apart from that where the negative swine are maintained. The premises shall be cleaned and disinfected following removal of the positive swine and a retest conducted in 30 days on all unvaccinated swine 16 weeks of age and over. If this 30-day retest is negative, then all swine 16 weeks of age and over shall be retested again at the end of 30 days (60 days following removal of positive swine) and, if negative, QNV herd status shall be reinstated.

c) Additions:

1. Swine from any qualified pseudorabies negative herd may enter an Illinois QNV herd without test and shall be vaccinated within 30 days after entry into the herd.

2. Pseudorabies vaccinated swine originating from another QNV herd may enter an Illinois QNV herd upon evidence of a negative official test for pseudorabies conducted within 60 days prior to entry from another Illinois herd and within 30 days prior to entry from another state.

3. Unvaccinated swine originating from an Illinois QNV herd may enter another Illinois QNV herd without a pseudorabies test and shall be vaccinated within 30 days after entry into the herd.

4. Swine originating from other than an Illinois QNV herd OR a qualified pseudorabies negative herd shall be negative to an official test for pseudorabies conducted within 30 days prior to entry into the herd from another Illinois herd and within 30 days prior to entry from another state. All such swine shall be held in isolation from the other members of the QNV herd, and shall be retested and negative to an official test for pseudorabies not less than 30 nor more than 60 days following entry. Swine shall then be vaccinated within 30 days after entry into the herd.

5. Swine from a QNV herd which are exhibited or are otherwise commingled with swine from any other herd shall be held in isolation on the herd premises for a minimum of 30 days after return AND shall be tested and negative to an official test for pseudorabies before being reunited with other members of the QNV herd.

d) Sales: Pseudorabies vaccinated swine originating from a QNV herd may be loaned, leased, traded, or sold for breeding purposes within Illinois; provided, the purchaser is informed that the swine are from a QNV herd.

History

• Source: Amended at 21 Ill. Reg. 904, effective January 7, 1997

8 Ill. Adm. Code 115.60 Requirements for Establishing and Maintaining Feeder Swine Pseudorabies Monitored Herds (Repealed)

History

• Source: Repealed at 21 Ill. Reg. 904, effective January 7, 1997

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 115 Illinois Pseudorabies Control Act

8 Ill. Adm. Code 115.70 Pseudorabies Test Requirements for Intrastate Movement (repealed)

History

• Source: Repealed at 26 Ill. Reg. 14638, effective September 23, 2002

8 Ill. Adm. Code 115.80 Pseudorabies Testing of Feeder Swine

Swine for feeding purposes shall, in addition to complying with the other requirements of this Part and 8 Ill. Adm. Code 105.10, enter or move within Illinois without further testing requirements for pseudorabies if:

a) originating from a Stage I or Stage II state, the swine are from a qualified pseudorabies negative or a QNV herd, where the last monitoring test has been conducted within 15 days, or a herd where a 95/10 test of the breeding herd, or, if the breeding herd is not on the same premises, of the feeder swine on the premises, was conducted within 15 days prior to shipment into Illinois; or

b) originating from a Stage III state, the swine are from a qualified pseudorabies negative or a QNV herd, or from a herd where a 95/10 test of the breeding herd, or of the feeder swine if the breeding swine are not on the same premises as the feeder swine, within 30 days prior to shipment into Illinois; or

c) originating from a Stage IV or V state, or a county that meets the requirements for Stage V. If there are multiple pseudorabies classifications within a state, the lowest classification shall be recognized by this Department as the classification for that entire state.

History

• Source: Amended at 26 Ill. Reg. 118, effective January 1, 2002

8 Ill. Adm. Code 115.90 Feeder Swine

No person shall offer for sale, sell, trade, lease or loan any feeder swine unless the animals originate from a herd that is in compliance with Section 115.80, they are sold direct to slaughter, or they are sold and moved from a quarantined herd to a quarantined herd under permit issued by the Department.

History

• Source: Amended at 26 Ill. Reg. 14638, effective September 23, 2002

8 Ill. Adm. Code 115.100 Breeding Animals Consigned to Slaughter

Before being mixed with swine from any other source, all breeding animals consigned to slaughter or offered for sale for slaughter shall be identified to the herd of origin by an approved identification tag in accordance with the Swine Identification Program (9 CFR 78.33, 2002). The tag shall be applied to the back of the neck of each animal. A report of such identification shall be made on forms provided by the United States Department of Agriculture and shall be submitted to the Department within 30 days after application. If such swine are slaughtered in Illinois, the management of the Illinois slaughter facility shall, upon written request from the Department or from the U.S. Department of Agriculture, provide for or permit the collection of blood samples for testing from the identified swine.

History

• Source: Amended at 26 Ill. Reg. 14638, effective September 23, 2002

8 Ill. Adm. Code 115.110 Swine Intended for Slaughter; Permit

Animals consigned to slaughter from Stage I or II states from non-infected or unexposed herds may be shipped into Illinois only upon permit from the Department and shall go directly to a recognized slaughter establishment or approved slaughter market. Animals from infected or exposed herds may be shipped into Illinois only upon permit from the Department and shall move, directly to a recognized slaughter establishment. The vehicles transporting infected or exposed swine are not allowed to pick up additional animals in Illinois until the official seal has been officially broken at the slaughter facility and the infected swine unloaded. Permits to import slaughter swine from Stage I or II states or infected or exposed herds shall be issued by telephoning or writing the Department.

a) The applicant for the permit shall furnish the following information to the Department:

1. Name and complete mailing address of Illinois destination;

2. Name and address of consignor; and

3. Number of swine in shipment.

b) Grounds for refusal to issue a permit are:

1. Violation of the Act or this Part; and

2. Presence of a disease that might endanger the Illinois swine industry.

Swine originating from any quarantined herd must be shipped in a sealed vehicle and accompanied by a shipping permit VS Form 1-27.

History

• Source: Amended at 24 Ill. Reg. 16630, effective November 1, 2000

8 Ill. Adm. Code 115.120 Use of Vaccine

Use of pseudorabies vaccine is prohibited except upon permission by the Department. Permission will be granted to herds when epidemiological evidence indicates that the herd is at risk, such as herds or areas that have had recent pseudorabies infection or are importing or exporting.

History

• Source: Added at 24 Ill. Reg. 1012, effective January 10, 2000

Part 116 Equine Infectious Anemia Control

8 Ill. Adm. Code 116.10 Testing of Illinois Equidae

a) When a reactor is disclosed on an official test within Illinois, the reactor and all other equidae found by the Department to be exposed shall be quarantined and owners are required to submit all exposed equidae for an equine infectious anemia (EIA) test within three months. An animal in the family equidae has been exposed to EIA when the animal has been directly or indirectly associated (see subsection (b)) with equines having tested positive on approved diagnostic tests. Veterinarians employed by the Department or USDA will conduct the testing at no cost to the owner. If the owner wishes to have his or her private veterinarian conduct the test, all costs associated with the testing are the responsibility of the owner. A retest of any remaining equidae on the premises where a reactor was disclosed and either removed under authority of the Department or euthanized shall be conducted by the Department or USDA not less than 60 days nor more than six months after the reactor has left the premises. Negative retest results on the exposed equidae shall be reason for release from quarantine.

b) Definitions

"Directly Associated" means:

the animal is maintained in a manner in which it has been stabled with, or is in direct or close physical contact with, an infected animal, its blood, or its bodily secretions; or

the animal is in the same environment as an infected animal where it is exposed to biting- or blood-sucking insects.

"Indirectly Associated" means an animal is maintained in a manner in which it is exposed to an infected animal through contact with items, including, but not limited to, veterinary instruments, hypodermic needles, feed and water containers, tack, and grooming supplies that have been in direct contact with an infected animal.

History

• Source: Amended at 43 Ill. Reg. 4522, effective March 26, 2019

8 Ill. Adm. Code 116.20 Retesting of Reactors

The Department will grant a retest of reactors upon request by the owner or veterinarian. The retest must be conducted within 15 days after the original test.

8 Ill. Adm. Code 116.30 Quarantining of Reactors

If the owner of a known reactor does not wish to have the reactor euthanized or removed under the authority of the Department, the animal must be quarantined for life. The reactor must be kept at all times in an insect proof stall and cannot be removed from this enclosure, except to be euthanized. All quarantine facilities must be in place within 15 days after the confirmatory test and be approved by the Department and will be inspected on a regular basis to make sure that the reactor is maintained under quarantine. If the reactor is euthanized or removed under the authority of the Department, it must be done within 10 days after the confirmatory test.

History

• Source: Amended at 43 Ill. Reg. 4522, effective March 26, 2019

8 Ill. Adm. Code 116.40 Movement of Equidae Through Livestock Sales and Livestock Auction Markets (Repealed)

History

• Source: Repealed at 20 Ill. Reg. 16188, effective January 1, 1997

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 116 Equine Infectious Anemia Control

8 Ill. Adm. Code 116.50 Falsification of Records

No person shall change the names, dates, description or phrases on an official certificate of veterinary inspection or equine infectious anemia test chart to evade the provisions of the law. The veterinarian who originally drew the blood for an equine infectious anemia test may submit a corrected copy to the laboratory that conducted the test with that laboratory reissuing the official test report. This corrected copy must be clearly marked as a corrected copy.

History

• Source: Added at 20 Ill. Reg. 290, effective January 1, 1996

Subchapter c Meat and Poultry Inspection Act

Part 125 Meat and Poultry Inspection Act

8 Ill. Adm. Code 125.10 Definitions

a) The Department incorporates by reference the definitions of terms in 9 CFR 301, 303.1(d)(2), (ii), (iii) (a), (b), (d), (e) and (f), (iv), (v) and (vi), 381.1, 381.10(d)(2), (ii), (iii)(a), (b), (d), (iv), (v) and (vi), 352.1(b) through (t) and 362.1 (2004; 69 FR 1874, effective January 12, 2004; 83 FR 25302, effective July 30, 2018), unless they are otherwise defined in the Meat and Poultry Inspection Act [225 ILCS 650] or in this Section.

"Act" means the Meat and Poultry Inspection Act [225 ILCS 650].

"Approved veterinarian" means any person who has graduated from a veterinary college that is recognized by the American Veterinary Medical Association.

"Birds" shall mean poultry as defined in Section 2.7 of the Act.

"Condition" means any condition, including, but not being limited to, the state of preservation, cleanliness, or soundness of any product made from rabbits or the processing, handling, or packaging that may affect the wholesomeness of the product.

"Livestock" means cattle, sheep, swine, buffalo, catalo, cattalo, domestic deer, domestic elk, domestic antelope, domestic reindeer, water buffalo, and goats.

"Members of the household" means those persons who occupy a single family unit.

b) With regard to the definitions of consumer and similar type establishment, the Director has not designated any other type of establishment or institution under these terms other than those specifically stated in the incorporated language.

c) With regard to the definitions of retail store, only those sections that are incorporated by reference as stated in Section 125.10(a) shall be included in the definition. References within the incorporated language to the section of the federal rules pertaining to operations of types traditionally and usually conducted at retail stores and restaurants refer to the operations defined in Section 5(A) of the Act. No product exempted from inspection in accordance with Section 5 of the Act shall be prepared in any retail store, restaurant or similar retail-type establishment.

d) References in the incorporated language to 9 CFR 312 and 313 shall be interpreted as references to Sections 125.90 and 125.220 respectively. References to the Humane Methods of Slaughter Act (7 USC 1901 et seq.) shall have the meaning set forth in Section 125.220.

History

• Source: Amended at 43 Ill. Reg. 3202, effective February 25, 2019

8 Ill. Adm. Code 125.20 Incorporation by Reference of Federal Rules

a) The federal rules that have been incorporated by reference in this Part do not include any future amendments, additions or deletions beyond the date specified.

b) For the purpose of administering the federal rules:

1. References to U.S., U.S. Department of Agriculture, Animal and Plant Health Inspection Service or Food Safety and Inspection Service shall mean Illinois, Illinois Department of Agriculture, and the Bureau of Meat and Poultry Inspection, respectively.

2. References to federal personnel (e.g., Secretary, Administrator, Regional Director, Area Supervisor, Circuit Supervisor, and Program Employee) shall mean the Director and State Inspection personnel as defined in Sections 2.2, 2.13 and 2.14 of the Act. References to federal inspection in the incorporations by reference shall mean State inspection.

3. Terms, including but not limited to, promptly, properly, adequately, sufficiently, acceptable, abundant, ample, and thoroughly are considered superfluous. Compliance with the expressed provisions of the Act and the rules of this Part will be deemed sufficient.

4. References to Subchapter shall mean in accordance with provisions of this Part. References to the federal Rules of Practice shall mean in accordance with the Illinois Administrative Procedure Act [5 ILCS 100] and the Department's administrative rules (8 Ill. Adm. Code 1). References within the incorporated language to other parts and sections of the Federal meat inspection or poultry inspection rules shall mean in accordance with those specific provisions as adopted in the rules of this Part. References within the incorporated language to other sections of the federal rules pertaining to equine requirements are not applicable in the Department's enforcement of the rules of this Part.

5. The Department has interpreted the language in the federal rules which refers to the Administrator making decisions "in specific cases" to mean that the Director shall take action based upon the circumstances in a particular case which warrants action to be taken other than as set forth in the rules. In taking such action, the Director shall consider factors, including but not limited to, the potential public health hazard created by the violation, safety hazard to the employees of the establishment or the inspector, the time needed to correct the violation, and the time needed to recall products in order to conduct laboratory analysis. Under no circumstances shall the Department waive statutorily mandated requirements.

c) Section 16.1 of the Meat and Poultry Inspection Act [225 ILCS 650/16.1] adopts by reference the guidelines and procedures as prepared and approved by the United States Department of Agriculture (USDA), Washington, D.C. The following documents are encompassed by that Section 16.1. The publications are effective on the date designated by the USDA and are available through the Department:

1. "Meat and Poultry Inspection Manual,".

2. "List of Proprietary Substances and Nonfood Compounds,".

History

• Source: Amended by peremptory rulemaking at 24 Ill. Reg. 3933, effective February 22, 2000

8 Ill. Adm. Code 125.30 Application for License; Approval

a) An application for license to operate an establishment or act as a broker shall be made in accordance with Section 3 of the Act. A fee as set forth in Section 3(b) of the Act shall accompany the license application.

b) When there is a change in the ownership of the brokerage business or of the establishment or of any tenant or subsidiary of the licensee, a new application for license shall be submitted by the person desiring to operate the establishment or act as a broker in accordance with subsection (a) of this Section. If there has been no change in the facilities of the establishment as shown on the drawings and specifications required by subsection (c) of this Section and the licensee so states in writing to the Department, copies of drawings and specifications shall not be required to accompany the new application for license. When there is a change in the facilities or location of any official establishment or broker, a new application for license shall be submitted by the licensee in accordance with subsections (a) and (c) of this Section.

c) In the case of establishments handling meat and meat products, the Department incorporates by reference 9 CFR 304.2(a)(1) and (2) and 304.3 (1997; 79 FR 26929, effective May 8, 2012), and in the case of establishments handling poultry and poultry products, the Department incorporates by reference 9 CFR 381.22 (2004; 79 FR 26929, effective May 8, 2012). If the establishment handles both meat and/or poultry or meat and/or poultry products, the establishment shall comply with both of the before-stated provisions. Except that in any case, the Department requests 3 copies of said drawings and specifications to accompany the application for license. The specification requirements are as set forth in Sections 125.170 and 125.180.

d) The applicant for license to operate an establishment or act as a broker shall submit the following information to the Department on the application form:

1. Name and address and telephone number of the applicant.

2. Type of operation(s) the applicant will be performing (i.e., slaughter, processing, custom slaughter, meat broker, poultry broker, or meat and poultry broker).

3. The location of the establishment or brokerage business for which the license is requested.

4. The name and address of any tenant or subsidiary of the applicant that will be preparing meat and/or poultry or meat and/or poultry products at the establishment (if applicable).

5. Name of the establishment (trade name).

6. Legal entity of the applicant (e.g., individual, association, corporation) and the legal name of the business.

7. State where the corporation or association is incorporated and list of officers (if applicable).

e) The applicant for license shall certify on the application for license that he/she shall comply with the Act and the rules of this Part. The applicant and any tenant or subsidiary of the applicant shall be responsible for compliance with the Act and rules of this Part.

f) The slaughter or preparation of meat and/or poultry products at any official establishment shall be performed only by employees of the licensee or by employees of the tenant or subsidiary whose name was submitted to the Department on the license application.

g) Before issuing a license to operate an establishment an inspection shall be made of the establishment to determine compliance with Sections 125.50, 125.170 and 125.180. All labels shall be approved in accordance with Sections 125.90 and 125.260 before any meat and/or poultry or meat and/or poultry product is transported in commerce. The Director shall issue a license to act as a broker or to operate an establishment if the applicant is not in violation of Section 19 of the Act and the establishment is in compliance with the rules of this Part. If the applicant for license is denied, the procedure as set forth in Section 19(F) of the Act shall be followed.

h) Only one license to operate an official establishment shall be issued by the Department for each facility. The slaughter of meat and/or poultry or the preparation of meat and/or poultry products by any tenant or subsidiary of the licensee who is listed on the application form shall be construed as part of the official establishment for inspection purposes.

History

• Source: Peremptory amendment at 36 Ill. Reg. 9264, effective June 6, 2012

8 Ill. Adm. Code 125.40 Official Number

The Department incorporates by reference 9 CFR 305.1 (2004).

History

• Source: Amended at 29 Ill. Reg. 5661, effective April 13, 2005

8 Ill. Adm. Code 125.50 Inspections; Suspension or Revocation of License

a) An official establishment shall be physically separated (e.g., permanent wall or separate building) from any other operations licensed by the Department (e.g., renderer or blender).

b) The Department incorporates by reference 9 CFR 305.2(c), 305.3 and 381.26 (2004). The sanitary conditions and adequate facilities referred to in the incorporated language shall mean that the conditions will be deemed sanitary if they are in compliance with Section 125.180 and facilities will be deemed adequate if they are in compliance with Section 125.170.

c) The Director shall suspend or revoke a license in accordance with the provisions of Section 19(E) of the Act. The Department shall follow the procedure set forth in Section 19(F) of the Act prior to suspending or revoking a license. The Department will suspend a license until the violation is corrected and brought into compliance with the Act or this Part. The Department will revoke a license for repeated violations of the Act or this Part. In deciding to revoke a license, the Department shall consider factors pertinent to the case, such as the number of violations involved, the number of previous violations of the establishment, the nature of the violation(s) (e.g., public health hazard, bribery, and misuse of official legends or marks) and its severity.

History

• Source: Amended at 29 Ill. Reg. 5661, effective April 13, 2005

8 Ill. Adm. Code 125.60 Administrative Hearings; Appeals (Repealed)

History

• Source: Repealed at 21 Ill. Reg. 11494, effective August 1, 1997

Chapter I Department of Agriculture

Subchapter c Meat and Poultry Inspection Act

Part 125 Meat and Poultry Inspection Act

8 Ill. Adm. Code 125.70 Assignment and Authority of Program Employees

a) Each inspector will be furnished with a numbered, official badge by the Department. The inspector shall wear this badge where it is visible while performing his/her duties and shall not permit the badge to leave his/her possession. This badge shall be sufficient identification to entitle the inspector to admittance to the premises and facilities of the official establishment or business of the broker.

b) Program employees shall have access during the hours that the broker or establishment is operating to the establishment, records, and inventory of an establishment or broker for the purpose of determining compliance with the Act and the rules of this Part in accordance with Section 14 of the Act.

c) Except on a temporary employment basis (80 Ill. Adm. Code 302), no program employee shall be assigned to work at an establishment where family members (i.e., mother, father, sister and brother) are employed. Nor shall any employee acting in a supervisory capacity in the region where any member of the supervisor's family is employed by an official establishment be detailed for duty in that region. Program employees shall not solicit employment at an official establishment for themselves or any other person.

d) Except as provided in Section 14 of the Act, no program employee shall procure any product from any official establishment unless there is a store or outlet to the general public and the program employee pays the same price that is paid by the general public. Program employees shall obtain a receipt when purchasing such product.

8 Ill. Adm. Code 125.80 Schedule of Operations; Overtime

a) The Department incorporates by reference 9 CFR 307.4(a), 307.4(c), 307.4(d), and 381.37(a), (c) and (d) (1997; FR 59291, effective November 26, 2012). References to 9 CFR 307.6(b) and 381.39(b) in the incorporated language shall be interpreted according to this Section.

b) The basic workweek and workday shall be those days and hours on file and approved by the Department of Central Management Services in accordance with the Personnel Code [20 ILCS 415] and the rules for that Act (80 Ill. Adm. Code 303.300). The work schedule of the licensee and any requests for changes in the work schedule shall be submitted in writing by the licensee to the supervisor. A grant of overtime shall be at the sole discretion of the Department and shall be based on inspector availability, efficacious and efficient use of resources and budget considerations. However, minor deviations (one hour or less) from the daily operating schedule shall be approved by the supervisor and/or the regional administrator if the request is received by the regional office on the day before the change is to occur and the change is only for that particular day.

History

• Source: Amended by peremptory rulemaking at 36 Ill. Reg. 17930, effective December 21, 2012

Chapter I Department of Agriculture

Subchapter c Meat and Poultry Inspection Act

Part 125 Meat and Poultry Inspection Act

8 Ill. Adm. Code 125.90 Official Marks of Inspection, Devices and Certificates

a) The official inspection legend which indicates the meat, poultry, buffalo, catalo, cattalo, domestic deer, domestic elk, domestic antelope, domestic reindeer, water buffalo, and/or poultry product was inspected and passed shall be as prescribed in Section 2.26 of the Act.

b) The Department incorporates by reference 9 CFR 312.2(b)(2), 312.4, 312.5, 312.6, 312.9, 381.98, 381.99, 381.100, 381.101, 381.103, and 381.108, 381.110 through 381.111 (2004), except that the inscription on the mark of inspection shall contain the word "Illinois" rather than "U.S.".

c) The brands shall be in the forms as prescribed in Section 2.26 of the Act.

d) The Department shall supply all Illinois Retained, Illinois Seizure, and Illinois Rejected paper tags. The Illinois Seizure tag is used in lieu of the federal detained tag.

e) The seal referred to in 9 CFR 312.5 and 381.98 shall be a padlock or metal self-locking tab as shown in the illustration for the federal rules.

f) The only official brands, symbols, legends and devices shall be those set forth in this Section.

g) Certificates shall be those set forth in the incorporated federal rules.

h) Reference to federal forms FSIS 6502-2 and FSIS 6501-1 shall mean Illinois paper tags as identified in this Section and FSIS 9061-2 shall mean Illinois form IL 406-0372. A seal is used by the Department in lieu of issuing a form the equivalent of federal form FSIS 7350-1.

History

• Source: Amended at 29 Ill. Reg. 5661, effective April 13, 2005

8 Ill. Adm. Code 125.100 Records and Reports

a) The Department incorporates by reference 9 CFR 320.1(b), 320.6(a), 320.7, 381.175(b), 381.180(a) and 381.181 (2004; 69 FR 1874, effective January 12, 2004; 74 FR 31829, effective July 6, 2009; 77 FR 26929, effective May 8, 2012; 78 FR 66826, effective January 6, 2014; 80 FR 79231, effective June 20, 2016; 83 FR 25302, effective July 30, 2018).

b) Access to the establishment, its premises, records and inventories shall be provided to the Department in accordance with Section 14 of the Act and Section 125.70.

c) Each person who is required to be licensed in accordance with Section 3 of the Act shall keep records as stated in the incorporated language of 9 CFR 320.1(b) and 381.175(b), except that, for custom slaughtering and custom processing transactions, the recordkeeping requirements shall be those set forth in Section 5(B)(2)(f) of the Act. Records shall be retained for 5 years after December 31 of the year in which the transaction to which the record relates has occurred. If a record must be retained for longer than 5 years because of an on-going investigation or litigation, the Department shall notify the licensee in writing as to which record is to be retained, the reasons for that retention and the retention period. The Department shall consider, when determining the retention period, the court date, if known, or the time needed to conclude the investigation (e.g., considering the type of disease being investigated, the number of animals involved, and laboratory testing procedures, if applicable).

d) The licensee of the official establishment shall maintain these records at the establishment. In the case of a broker, the records shall be maintained at the office listed on the application for license.

e) The Department shall request a licensee to submit an evaluation of the inspection program or of the inspector's performance when the Department is conducting a review of the effectiveness of the Meat and Poultry Inspection Program or when a complaint on the inspector's performance has been received.

History

• Source: Amended at 43 Ill. Reg. 3202, effective February 25, 2019

8 Ill. Adm. Code 125.110 Exemptions

a) Meat and/or poultry and meat and/or poultry products exempted from ante-mortem and post-mortem inspection requirements shall be as set forth in Section 5 of the Act. Transportation of meat and/or poultry and meat and/or poultry products which are exempted from ante-mortem and post-mortem inspection shall be in accordance with Section 5 of the Act (i.e., they cannot be transported in commerce). Labeling requirements on such exempted meat and/or poultry and meat and/or poultry products shall be as stated in Section 5 of the Act.

b) The Department incorporates by reference 9 CFR 303.2 (2004).

c) The Department incorporates by reference 9 CFR 303.1(e) and 9 CFR 381.10(e) (2004).

History

• Source: Amended at 29 Ill. Reg. 5661, effective April 13, 2005

8 Ill. Adm. Code 125.120 Disposal of Dead Animals and Poultry

The collection, transportation, and disposal of carcasses or parts of carcasses of animals or poultry that have died other than by slaughter at an official establishment shall be in accordance with the Illinois Dead Animal Disposal Act [225 ILCS 610] and the rules adopted pursuant thereto (8 Ill. Adm. Code 90), unless such animals or poultry are custom slaughtered and delivered by the owner to an official establishment for custom processing in accordance with Section 5 of the Act.

History

• Source: Amended at 21 Ill. Reg. 11494, effective August 1, 1997

8 Ill. Adm. Code 125.130 Reportable Animal and Poultry Diseases

Any animal or poultry suspected of being infected with a reportable disease (see 8 Ill. Adm. Code 85.10) shall be reported by the inspector or veterinarian in accordance with the Illinois Diseased Animals Act [510 ILCS 50] and the rules adopted pursuant thereto (8 Ill. Adm. Code 85).

History

• Source: Amended at 21 Ill. Reg. 11494, effective August 1, 1997

8 Ill. Adm. Code 125.140 Detention; Seizure; Condemnation

a) The Department incorporates by reference 9 CFR 329.1 through 329.5(a) and 329.5(c), and 381.210 through 381.214(a) and 381.214(c) (2004).

b) Reference in the incorporated language to Title I and II of the Act, any other federal law, laws of any territory or the District of Columbia, notification of federal authorities not connected with the program, and Section 404 of the Act are not applicable to the Department in its enforcement of the incorporated language. References to federal form 8080-1 shall mean Illinois form MI-51. Illinois Retained or Illinois Seizure tags are used in lieu of federal form FSIS 8400-2.

c) Meat and/or poultry or meat and/or poultry product that is detained shall be released when it is in conformance with the Act and the rules of this Part. The Department shall verbally inform, followed up with written notification, the owner or person in charge of the detained meat and/or poultry or meat and/or poultry product as to what action must be taken to bring the meat and/or poultry or meat and/or poultry product into compliance. Meat and/or poultry or meat and/or poultry products shall be condemned as stated in Section 15 of the Act.

d) Condemned meat or poultry products shall be effectively destroyed for human food purposes by the owner of the meat or poultry product under the supervision of an inspector ( Section 15 of the Act) in accordance with the denaturing procedures as set forth in Section 125.290 (specifically the incorporated language in 9 CFR 325.13). If the owner of the meat and/or poultry or meat and/or poultry product refuses to destroy the condemned meat and/or poultry or meat and/or poultry product, the Department shall take judicial action in the circuit court within the jurisdiction where the condemned product was found to confiscate the condemned meat and/or poultry or meat and/or poultry product in order to denature such meat and/or poultry or meat and/or poultry product so it cannot be used for human food purposes.

History

• Source: Amended at 29 Ill. Reg. 5661, effective April 13, 2005

8 Ill. Adm. Code 125.141 Sanitation Standard Operating Procedures (sop's)

The Department incorporates by reference 9 CFR 416 (2004). The applicability date for 9 CFR 416 will be October 1, 1997.

History

• Source: Amended at 29 Ill. Reg. 5661, effective April 13, 2005

8 Ill. Adm. Code 125.142 Hazard Analysis and Critical Control Point (haccp) Systems

The Department incorporates by reference 9 CFR 417 (2004; 77 FR 26929, effective May 8, 2012; 78 FR 66826, effective January 6, 2014; 83 FR 25302, effective July 30, 2018).

History

• Source: Amended at 43 Ill. Reg. 3202, effective February 25, 2019

8 Ill. Adm. Code 125.143 Imported Products

The Department incorporates by reference 9 CFR 327.2, 327.7, and 381.196 (2004; 70 FR 57725 effective November 3, 2005; 70 FR 70033 effective December 21, 2005; 71 FR 43958 effective September 5, 2006; 72 FR 61793 effective December 3, 2007).

History

• Source: Amended by peremptory rulemaking at 31 Ill. Reg. 16763, effective December 10, 2007

Chapter I Department of Agriculture

Subchapter c Meat and Poultry Inspection Act

Part 125 Meat and Poultry Inspection Act

8 Ill. Adm. Code 125.144 Preparation and Processing Operations

The Department incorporates by reference 9 CFR 424 (2004; 76 FR 82077, effective December 30, 2011; 78 FR 14636, effective May 6, 2013; 78 FR 66826, effective January 6, 2014; 83 FR 25302, effective July 30, 2018).

History

• Source: Amended at 43 Ill. Reg. 3202, effective February 25, 2019

8 Ill. Adm. Code 125.145 Control of Listeria Monocytogenes in Ready-to-Eat Meat and Poultry Products

The Department incorporates by reference 9 CFR 430 (2004; 80 FR 35178, effective September 17, 2015).

History

• Source: Amended at 40 Ill. Reg. 2739, effective January 22, 2016

Chapter I Department of Agriculture

Subchapter c Meat and Poultry Inspection Act

Part 125 Meat and Poultry Inspection Act

8 Ill. Adm. Code 125.146 Consumer Protection Standards: Raw Products

The Department incorporates by reference 9 CFR 441 (2004).

History

• Source: Amended at 29 Ill. Reg. 5661, effective April 13, 2005

8 Ill. Adm. Code 125.147 Rules of Practice

The Department incorporates by reference 9 CFR 500.1, 500.2(a) and (b), 500.3, 500.4, 500.5(a)(1-4), (b), (c) and (e), 500.6 and 500.8 (64 Fed. Reg. 66541, November 29, 1999; 79 FR 49566, effective October 20, 2014).

History

• Source: Amended by peremptory rulemaking at 38 Ill. Reg. 20825, effective October 20, 2014

Chapter I Department of Agriculture

Subchapter c Meat and Poultry Inspection Act

Part 125 Meat and Poultry Inspection Act

8 Ill. Adm. Code 125.148 Quantity of Contents Labeling and Procedures and Requirements for Accurate Weights

The Department incorporates by reference 9 CFR 442 (2008).

History

• Source: Added by peremptory rulemaking at 32 Ill. Reg. 17831, effective October 30, 2008

8 Ill. Adm. Code 125.149 Label Approval

The Department incorporates by reference 9 CFR 412.

History

• Source: Added by peremptory amendment at 38 Ill. Reg. 4176, effective February 1, 2014

8 Ill. Adm. Code 125.150 Livestock and Meat Products Entering Official Establishments - Inspection Requirements

All livestock and all products entering any official establishment, and all products prepared, in whole or in part, in the official establishment, shall be inspected, handled, stored, prepared, packaged, marked, and labeled as required by 9 CFR Chapter III, Subchapter A (2018), which the Department hereby incorporates by reference.

History

• Source: Amended at 43 Ill. Reg. 12978, effective October 28, 2019

8 Ill. Adm. Code 125.151 Livestock and Meat Products – Custom Exemption for Establishments with Type I Licenses

a) Type I custom exempt establishments are those:

1. that slaughter, or prepare any meat or meat food products, on a custom basis (i.e., for the customer's own use and not for sale); and

2. that have been granted a custom exemption by the Director under Section 5.1(e) of the Act.

b) Type I establishments that desire to slaughter or process under a custom exemption (see Section 5.1(e) of the Act) may do so after submitting a written notification to the Department each year and receiving approval from the Department.

c) Notification to the Department

1. Request for Annual Exemption

A) Type I establishments that desire to slaughter under a custom exemption or receive or process uninspected product under a custom exemption may do so after receiving approval from the Chief of the Department's Bureau of Meat and Poultry Inspection on an annual basis. To receive approval, the establishment must submit to the Bureau Chief a written notice, on a form prescribed by the Department. Upon receiving written approval from the Bureau Chief, the establishment may use the custom slaughter exemption. All approvals expire on December 31 of each year.

B) The written notices required by subsection (b)(1)(A) shall be sent to:

Bureau of Meat and Poultry Inspection

Department of Agriculture

State Fairgrounds

P.O. Box 19281

Springfield IL 62794-9281

2. Using a Custom Exemption Outside of Approved Hours of Operation

A) Type I establishments that hold prior written approval from the Director to use the custom exemption and that desire to slaughter, receive or process uninspected product outside of approved hours/days may do so if the Department is provided with notice after each occurrence.

B) Type I establishments must notify the Department's assigned inspector after each use of the custom exemption outside of approved hours/days of operation. The notification must be made, on or before the next scheduled business day after each occurrence, on a form prescribed by the Department.

d) Custom Exemption Requirements

1. Slaughter must comply with the federal regulations concerning Humane Slaughter of Livestock (9 CFR 313; 2011).

2. Products cannot be sold or donated.

3. Establishments that smoke, cure, or heat a product shall heat the product at a sufficient temperature and for a sufficient time to kill pathogens to prevent adulteration of the product. The establishment shall properly cool the product to prevent the growth of pathogens. Establishments must maintain heating and, if applicable, cooling records for products produced under the custom exemption. These records must be maintained for two years and made available to inspection personnel upon request.

4. The adulteration and misbranding provisions of the Act apply to any carcasses, parts of carcasses, meat, or meat food products that are exempted from the inspection requirements.

5. Animals intended for custom exemption slaughter must be segregated from animals intended for inspected slaughter. They must be kept in separated pens and prevented from comingling with inspected animals.

6. Once an establishment offers an animal for ante-mortem inspection, the establishment cannot change the animal's status to "intended for custom exemption".

7. Custom exemption products must be completely physically separated from inspected products throughout the entire process. If an establishment using the custom exemption prepares or handles any products for sale, they shall be kept separate and apart from the custom prepared products at all times while the custom prepared products are in the establishment's custody. The establishment must determine what forms of physical separation will work best for its plant.

8. Carcasses marked "NOT FOR SALE − NOT INSPECTED" must be separated from carcasses and parts slaughtered under inspection.

9. All custom exemption products must be clearly marked with "NOT FOR SALE − NOT INSPECTED". The marking must be done in a manner that ensures that it remains applied in letters at least ⅜" high. Markings may be placed on a tag or card securely attached to the product, meat, immediate container, or paper wrapping the meat. If the wording is inked directly to the meat, it must meet the requirements of Section 125.250(b).

A) Livestock slaughtered in Type I establishments operating under custom exemption shall be clearly stamped or tagged with the words "NOT FOR SALE – NOT INSPECTED" prior to leaving the kill floor.

B) Livestock slaughtered under inspection in Type I establishments with an approved custom exemption shall be stamped with the official mark of inspection prior to leaving the kill floor.

C) Field-slaughtered and farm-dressed carcasses or parts delivered to a Type I establishment for custom exempt processing shall be:

i) delivered in a sanitary manner;

ii) ready for cutting up or processing; and

iii) stamped or tagged with "NOT FOR SALE – NOT INSPECTED" after entering any part of the facility.

10. Cattle delivered to establishments must be ambulatory at the time of delivery, and this must be acknowledged in writing by the cattle owner. Beef carcasses or carcass parts delivered to establishments must have a written statement from the owner certifying the age of the animal and that the animal was ambulatory at the time of slaughter.

11. The establishment shall keep a record of the name and address of the owner of each animal, carcass or portion of a carcass received, the date received, and the dressed weight. These records shall be maintained for at least two years and shall be available, during approved hours/days of operation, for inspection by Department personnel.

12. Custom exempt products may not contain specified risk material. The following materials from cattle are specified risk materials as they may lead to exposure to bovine spongiform encephalopathy (BSE):

A) from cattle 30 months of age and older, the brain, skull, eyes, trigeminal ganglia, spinal cord, vertebral column (excluding the vertebrae of the tail, the transverse processes of the thoracic and lumbar vertebrae, and the wings of the sacrum), and dorsal root ganglia; and

B) from all cattle, the distal ileum of the small intestine and the tonsils.

13. Type I establishments that slaughter livestock under a custom exemption must test the plant for Escherichia coli Biotype 1 (E. coli) in the manner required by Section 5.2(d) of the Act. Test samples collected under this subsection (c)(13) shall count toward the 13 samples required by Section 5.2(d)(3).

e) The Department will create and make available standardized recordkeeping or reporting forms for use by Type I plants utilizing the custom exemption. Plants may design and use their own forms as long as they contain the minimum information required by this Part.

History

• Source: Added at 43 Ill. Reg. 12978, effective October 28, 2019

Chapter I Department of Agriculture

Subchapter c Meat and Poultry Inspection Act

Part 125 Meat and Poultry Inspection Act

8 Ill. Adm. Code 125.160 Equine and Equine Products

The slaughter, labeling, denaturing, and transportation of equine and equine products shall be in accordance with the Illinois Horse Meat Act [225 ILCS 635] and the rules adopted pursuant thereto (8 Ill. Adm. Code 70).

History

• Source: Amended at 21 Ill. Reg. 11494, effective August 1, 1997

8 Ill. Adm. Code 125.170 Facilities for Inspection

a) The Department incorporates by reference 9 CFR 307.1, 307.2, 307.3 and 307.7 (2004).

b) The Department shall approve construction of an establishment or the remodeling of an establishment if such establishment or the remodeling is in accordance with 9 CFR 416. The inspector's office shall be approved if it is in compliance with the requirements for an inspector's office as set forth in 9 CFR 416 (9 CFR 416 is incorporated in Section 125.141) and the provisions of this Section. The office will be considered as being in a convenient location if it is on the premises of the official establishment or located in a building adjacent to the official establishment. Small plants (as identified in 9 CFR 307.1) shall furnish an inspector's office either at the establishment or in a building adjacent to the official establishment.

c) Facilities and equipment shall be provided by the official establishment as necessary to meet the operational needs (e.g., slaughtering facilities, processing facilities) of the establishment and the Department shall construe such facilities and equipment as being adequate, suitable or sufficient if the operational needs of the establishment can be met and inspection and sanitary conditions maintained in accordance with the rules of this Part.

History

• Source: Amended at 29 Ill. Reg. 5661, effective April 13, 2005

8 Ill. Adm. Code 125.180 Sanitation (repealed)

History

• Source: Repealed by peremptory rulemaking at 24 Ill. Reg. 3933, effective February 22, 2000

8 Ill. Adm. Code 125.190 Ante-Mortem Inspection

a) The Department incorporates by reference 9 CFR 309.1 through 309.4(a), 309.5 through 309.11, and 309.13 through 309.18 (2004; 69 FR 1862, effective January 12, 2004; 72 FR 38700, effective October 1, 2007; 74 FR 11463, effective

April 17, 2009; 81 FR 46570, effective September 16, 2016).

b) In cases of emergency slaughter (see 9 CFR 311.27) and where the inspector cannot be contacted or is unable to return to the establishment, the owner of the animal shall obtain the services of a licensed veterinarian who shall perform an ante-mortem examination on the animal. If upon examination the animal shows no symptoms of disease or abnormal conditions that would prohibit its intended use as human food in accordance with the provisions of this Section, the veterinarian shall prepare a written statement to the effect that the animal is in compliance with ante-mortem requirements of this Section and can be slaughtered at the official establishment. The veterinarian's statement shall be kept on file by the official establishment in accordance with Section 125.100. The costs of the veterinary services shall be borne by the owner of the animal.

c) The Department shall approve treatment programs for diseased animals providing the licensee provides the necessary holding pens where such animals can be kept apart from the other livestock awaiting slaughter and the owner of the animal(s) agrees to the treatment and assumes the cost of such treatment. Following treatment, the animal shall be released from slaughter at the request of the owner or of the official establishment and permitted to be transported from the establishment provided the animal was not infected with a reportable disease (see Section 125.130).

d) An animal found in a comatose or semicomatose condition shall be set apart from the other livestock and held for further observation at the request of the owner or the official establishment.

e) "Other responsible official supervision" shall mean under the supervision of a licensed veterinarian or a program employee of the U.S. Department of Agriculture.

f) At the option of the owner of the animal, any animal identified as a suspect may be reinspected by a veterinarian as set forth in Section 9 of the Act or the animal shall be slaughtered and identified in accordance with the provisions of this Section.

g) An animal will be withheld from slaughter to permit biological residues to be reduced in accordance with 9 CFR 309.16 when the owner informs the inspector that the animal was taking chemicals or biologics or there is evidence to suggest that the animal was taking chemicals or biologics (e.g., injection marks, chemical odor). The time period for holding such animal shall depend on the withdrawal period of the chemical or biologic that was administered the animal. The inspector shall permit the slaughter of such animal (see 9 CFR 309.16a) when requested by the official establishment or by the owner of the animal.

h) The inspector shall approve the use by any establishment of any skin tattoo that contains a number identifying the animal or lot. The identifying number for the skin tattoo shall be assigned by the inspector.

i) Reference to federal form FSIS 6150-1 shall mean Illinois form V-3. References in the incorporated language to 9 CFR 314 shall be interpreted to mean in accordance with Section 125.230.

History

• Source: Amended by peremptory rulemaking at 40 Ill. Reg. 13486, effective September 16, 2016

Chapter I Department of Agriculture

Subchapter c Meat and Poultry Inspection Act

Part 125 Meat and Poultry Inspection Act

8 Ill. Adm. Code 125.200 Post-Mortem Inspection

a) The Department incorporates by reference 9 CFR 310.1(a) and 310.2 through 310.23 (2010; 76 FR 82077, effective December 30, 2011), except that the preparation of meat and meat products for nonhuman food purposes (e.g., dog food) is not permitted at an official establishment. The preparation of nonhuman food products must be done in establishments licensed under the Illinois Dead Animal Disposal Act. The Department incorporates by reference 9 CFR 310.25 (1999; 64 FR 66553, effective November 29, 1999); the E. coli process control testing regulations set forth in 9 CFR 310.25(a) will be applicable on October 1, 1997, and the Salmonella pathogen reduction performance standards regulations set forth in 9 CFR 310.25(b) will be applicable simultaneously with applicability dates for implementation of HACCP in Section 125.142.

b) The unusual circumstance and acceptable arrangements referred to in 9 CFR 310.1(a) shall mean in the case of emergency slaughter and in accordance with the procedure outlined in Section 125.190.

c) In the case of emergency slaughter and where a veterinarian was obtained by the owner to perform ante-mortem inspection (see Section 125.190), the veterinarian may perform post-mortem inspection of the animal. The carcass and all parts, including viscera, shall be identified as set forth in 9 CFR 310.2 and held for the inspector. If the veterinarian performs the post-mortem inspection at the request of the owner, then the cost of such service shall be borne by the owner of the animal.

d) Disinfectants that can be used in an official establishment shall be those set forth in Section 125.180.

e) With regard to the incorporated language in 9 CFR 310.2(b)(4), alternate methods proposed by the operator of an official establishment for handling devices shall be approved if such method will accomplish the specific provisions as stated in that paragraph.

f) Retained carcasses may be washed or trimmed provided such washing or trimming does not affect the disposition of the carcasses by removing conditions or lesions which caused the carcasses to be identified as retained.

g) Temporary identification of retained carcasses by an official establishment shall be permitted; however, Illinois Retained tags shall be used to identify the carcasses along with any temporary identification that is used.

h) References in the incorporated language to 9 CFR 314 shall be interpreted to mean in accordance with Section 125.230.

i) Facilities for handling and inspecting cow udders shall be as set forth in 9 CFR 416 (incorporated in Section 125.141).

History

• Source: Amended at 36 Ill. Reg. 14664, effective October 1, 2012

8 Ill. Adm. Code 125.210 Disposal of Diseased or Otherwise Adulterated Carcasses and Parts

a) The Department incorporates by reference 9 CFR 311 (2004; 69 FR 1862, effective January 12, 2004).

b) For the purpose of administering the incorporated language, the laboratories referred to shall mean any approved laboratory as defined in 8 Ill. Adm. Code 20.1. "Properly prepared and packaged" shall mean that the specimen shall be wrapped so as to prevent adulteration of the specimen and any leakage from the package.

c) An approved freezing facility is an establishment licensed under the Illinois Refrigerated Warehouses Act [240 ILCS 35].

History

• Source: Amended at 29 Ill. Reg. 5661, effective April 13, 2005

8 Ill. Adm. Code 125.220 Humane Slaughter of Animals

Animals shall be slaughtered in accordance with the Humane Slaughter of Livestock Act [510 ILCS 75] and the rules adopted pursuant thereto (8 Ill. Adm. Code 50).

History

• Source: Amended at 21 Ill. Reg. 11494, effective August 1, 1997

8 Ill. Adm. Code 125.230 Handling and Disposal of Condemned or Other Inedible Products at Official Establishment

a) Condemned and inedible products shall be disposed of by persons licensed in accordance with the Illinois Dead Animal Disposal Act (see Section 125.120). If the official establishment has no facilities for tanking the condemned carcasses or meat products or if the inspector cannot leave the slaughter area, the condemned meat or meat products shall be denatured as set forth in 9 CFR 314.3 (2004) before they leave the official establishment.

b) The Department incorporates by reference 9 CFR 314.2, 314.7, and 314.9 through 314.11 (2004).

c) The Department does not permit animals that have died other than by slaughter in accordance with the custom slaughter exemption in Section 5 of the Act to be brought on the premises of the official establishment, except for animals which have died en route. Animals that have died en route to the official establishment shall be disposed of by licensed renderers (see Section 125.120).

d) Pipes and chutes shall be installed in accordance with the provisions of Section 125.180.

e) Proprietary material shall be as set forth in the "List of Proprietary Substances and Nonfood Compounds" as adopted in Section 125.20.

f) "Denaturing of carcasses to the extent necessary to preclude its use for food purposes" shall mean that one of the denaturing methods in 9 CFR 325.13 as adopted in Section 125.290 must be used.

g) Carcasses or parts of carcasses condemned on account of anthrax shall be disposed of in accordance with the provisions of Section 125.120.

h) Specimens of condemned or other inedible products shall be released if compliance with the specific provisions of 9 CFR 314.9 is met. An example of an objectionable condition would be in the case of a sanitary problem.

i) The movement of livers and condemned products from an official establishment will be permitted in accordance with the provisions of Section 125.120.

j) Reference to federal form FSIS 6700-2 shall mean Illinois form MI-10. References in the incorporated language to other sections within 9 CFR 314 that have not been adopted shall be interpreted to mean in accordance with the provisions of this Section. References to 9 CFR 325 shall be interpreted to mean in accordance with Section 125.290.

History

• Source: Amended at 29 Ill. Reg. 5661, effective April 13, 2005

8 Ill. Adm. Code 125.240 Rendering or Other Disposal of Carcasses and Parts Passed for Cooking

a) The Department incorporates by reference 9 CFR 315 (2004).

b) References to 9 CFR 314 shall be interpreted to mean in accordance with Section 125.230.

c) When the product in the tank that has been passed for cooking does not consist of a carcass or whole primal part, the tank shall be sealed by the inspector.

History

• Source: Amended at 29 Ill. Reg. 5661, effective April 13, 2005

8 Ill. Adm. Code 125.250 Marking Products and Their Containers

a) The Department incorporates by reference 9 CFR 316.1 through 316.5(d), 316.5(f) through 316.11, 316.13(a), 316.13(b), 316.13(d) through 316.13(h) and 316.14 through 316.15 (2004).

b) Branding ink need not be submitted to the Department and it will be approved for use by the inspector in accordance with Section 2.11(B)(4) of the Act and the other provisions of the incorporated federal Section (9 CFR 316.5). Branding ink shall be purple.

c) The Department shall approve the manufacture of a device or label containing an official mark of inspection provided it is in compliance with Section 125.90.

d) Additional official marks of inspection may be applied to meat and/or meat products at the option of the official establishment.

e) References in the incorporated language to 9 CFR 312 shall be interpreted to mean in accordance with Section 125.90 and reference to 9 CFR 314 shall be interpreted to mean in accordance with Section 125.230.

f) "Customarily sold at retail intact" shall mean that the meat product in the casing is sold at a retail store and customarily is not cut up into smaller packages.

g) Products as identified in the incorporated language of 9 CFR 316.10 shall comply with Section 125.290 (specifically the incorporated language in 9 CFR 325.5) when being transferred between official establishments. No special form for this transfer is issued by the Department as in the case of federal inspection (federal form FSIS 7350-1).

h) Only those methods specifically included in 9 CFR 316.10(c) shall be approved for applying the list of ingredients.

i) "Legibly and conspicuously marked" shall mean in compliance with the provisions of Section 125.260 (specifically the incorporated language of 9 CFR 317.2(j)(6) through (9)).

j) Carcasses and meat products prepared on a custom basis shall be labeled in accordance with Section 5(B)(2)(d) of the Act.

k) Food additives and color additives shall be approved for use if the product is not adulterated in accordance with Section 2.11(B)(3) and (4) of the Act. When a specific antioxidant appears on the label, it shall be identified as set forth in Section 125.260 (specifically the incorporated language of 9 CFR 317.2(j)(10)).

l) Stencils, box dies, labels and brands shall be approved in accordance with the provisions of Section 125.260.

m) References within the incorporated language to paragraphs 302(c)(2) of the Act and 23(b) of the Act shall be interpreted to mean those exemptions as set forth in Section 125.110.

History

• Source: Amended at 29 Ill. Reg. 5661, effective April 13, 2005

8 Ill. Adm. Code 125.260 Labeling, Marking and Containers

a) The Department incorporates by reference 9 CFR 317.1 through 317.2(j)(10), 317.2(j)(12) through 317.4(f)(2), 317.5, 317.6, 317.8, 317.10 through 317.13, 317.17 through 317.24, 317.300, 317.302, 317.308, 317.309, 317.312, 317.313, 317.343, 317.344, 317.345, 317.354, 317.356, 317.360, 317.361, 317.362, 317.363, 317.369, 317.380, 317.400 (2010; 75 FR 82148, effective January 1, 2012; 77 FR 76824, effective December 31, 2012; 78 FR 66826, effective January 6, 2014; 79 FR 71007, effective December 1, 2014; 79 FR 79044, effective January 1, 2016; 80 FR 28153, effective May 17, 2016).

b) The Department shall approve only those abbreviations for marks of inspection as specifically stated in Section 2.26(j)(3) and (k)(3), (4), (5) and (9) of the Act.

c) Labeling and sketch labeling shall be approved by the Department if the label is in compliance with the provisions of this Section and the label is not misbranded in accordance with Section 2.20 of the Act. All labels and sketch labels shall be submitted to the Springfield office of the Department for approval.

d) The Department shall approve temporary labeling as stated in 9 CFR 317.4(f). Labeling that has received temporary approval shall not be used beyond the temporary approval period unless the printer or manufacturer of the label is unable to provide the official establishment with the labels before the expiration of the temporary approval.

e) The quantity of contents as shown on the label shall be in compliance with the Weights and Measures Act [225 ILCS 470] and 8 Ill. Adm. Code 600.

f) Any Type I establishment is authorized to use generically approved labeling for meat and poultry products as defined in subsection (h) without the labeling being submitted for approval to the Department, provided the labeling is in accordance with this Section and shows all mandatory features in a prominent manner as required in 9 CFR 317.2 and 381 and is not otherwise false or misleading.

g) The Department shall select samples of generically approved labeling from the records maintained by official establishments to determine compliance with labeling requirements. Any finding of false or misleading labeling shall institute the proceedings prescribed in Section 13 of the Act.

h) Generically approved labeling is labeling that complies with the following:

1. Labeling for a product that has a product standard as specified in 9 CFR 319 and 381 or the Standards and Labeling Policy Book and does not contain any special claims such as quality claims, nutrient content claims, health claims, negative claims, geographical origin claims or guarantees, or is not a domestic product labeled in a foreign language;

2. Labeling for single-ingredient products, such as beef steak or lamb chops, that does not contain any special claims such as quality claims, nutrient content claims, health claims, negative claims, geographical origin claims or guarantees or is not a domestic product labeled with a foreign language;

3. Labeling for containers of products sold under contract specifications to federal government agencies that the product is not offered for sale to the general public, provided that the contract specifications include specific requirements with respect to labeling and are made available to the inspector-in-charge;

4. Labeling for shipping containers that contain fully labeled immediate containers, provided that the labeling complies with 9 CFR 316.13 and 381.127;

5. Labeling for products not intended for human food, provided it complies with 9 CFR 325, 381.152(c) and 381.193;

6. Meat inspection legends;

7. Inserts, tags, liners, pasters and similar devices containing printed or graphic matter and for use or to be placed within containers and coverings of products, provided the devices contain no reference to product and bear no misleading feature;

8. Labeling for consumer test products not intended for sale;

9. Labeling that was previously approved by the Department as sketch labeling, and the final labeling was prepared without modification or with the following modifications:

A) All features of the labeling are proportionately enlarged or reduced provided that all minimum size requirements specified in applicable regulations are met and the labeling is legible;

B) The substitution of any unit of measurement with its abbreviation or the substitution of any abbreviation with its unit of measurement, e.g., "lb." for "pound" or "oz." for "ounce" or of the word "pound" for "lb." or "ounce" for "oz.";

C) A master or stock label has been approved where the name and address of the distributor are omitted and the name and address are applied before being used (in that case, the words "prepared for" or similar statement must be shown together with the blank space reserved for the insertion of the name and address when the labels are offered for approval);

D) Wrappers or other covers bearing pictorial designs, emblematic designs or illustrations, e.g., floral arrangements, illustrations of animals, fireworks, etc., are used with approved labeling (The use of the designs will not make necessary the application of labeling not otherwise required.);

E) A change in the language or the arrangement of directions pertaining to the opening of containers or the serving of the product;

F) The addition, deletion or amendment of a dated or undated coupon, a cents-off statement, cooking instructions, packer product code information or the UPC product code information;

G) Any change in the name or address of the packer, manufacturer or distributor that appears in the signature line;

H) Any change in the net weight, provided the size of the net weight statement complies with 9 CFR 317.2 and 318.121;

I) The addition, deletion or amendment of recipe suggestions for the product;

J) Any change in punctuation;

K) Newly assigned or revised establishment numbers for a particular establishment that has been approved by the Department;

L) The addition or deletion of open dating information;

M) A change in the type of packaging material on which label is printed;

N) Brand name changes, provided that there are no design changes, the brand name does not use a term that connotes quality or other product characteristics, the brand name has no geographic significance, and the brand name does not affect the name of the product;

O) The deletion of the word "new" on new product labeling;

P) The addition, deletion or amendment of special handling statements, provided that the change is consistent with 9 CFR 317.2(k) and 318.125(a);

Q) The addition of safe handling instructions as required by 9 CFR 317.2(1) and 381.125(b);

R) Changes reflecting a change in the quantity of an ingredient shown in the formula without a change in the order of predominance shown on the label, provided that the change in quantity of ingredients complies with any minimum or maximum limits for the use of the ingredients prescribed in 9 CFR 318, 319 and 381.147;

S) Changes in the color of the labeling, provided that sufficient contrast and legibility remain;

T) A change in the product vignette, provided that the change does not affect mandatory labeling information or misrepresent the content of the package;

U) A change in the establishment number by a corporation or parent company for an establishment under its ownership;

V) Changes in nutrition labeling that only involve quantitative adjustments to the nutrition labeling information, except for serving sizes, provided the nutrition labeling information maintains its accuracy and consistency;

W) Deletion of any claim, and the deletion of non-mandatory features or non-mandatory information; and

X) The addition or deletion of a direct translation of the English language into a foreign language for products marked "for export only".

i) With regard to the incorporated language in 9 CFR 317.6, the extension of time for exhausting existing stocks of labels is not applicable since all labels presently in use are in compliance with the rules of this Part.

j) The Department does not issue a list of approved packaging materials and will permit for use any packaging material which has been approved by the U.S. Department of Agriculture (see 9 CFR 317.24 (2004)).

k) Labels to be used for the relabeling of inspected and passed product shall be permitted to leave the official establishment when the product must be relabeled because the original labels have become mutilated or damaged. The official establishment shall reimburse the Department for any overtime costs, if applicable, involved for the inspector to supervise the relabeling of a product. The overtime charges shall be as set forth in Section 125.80.

l) The inspector shall grant authorization to transport labels, wrappers and containers bearing official marks from one official establishment to another official establishment provided the official establishment provides to the inspector the information required in 9 CFR 317.13 so that the inspector can notify the inspector at the destination point.

m) Labeling of custom slaughter and/or custom processed meat and/or meat products and the containers containing custom slaughtered and/or custom processed meat and/or meat products shall be as set forth in Section 5 of the Act.

n) References in the incorporated language to 9 CFR 312 shall be interpreted to mean in accordance with Section 125.90.

History

• Source: Amended at 40 Ill. Reg. 2739, effective January 22, 2016

8 Ill. Adm. Code 125.270 Entry Into Official Establishment; Reinspection and Preparation of Product

a) The Department incorporates by reference 9 CFR 318.1(c) through 318.6, 318.9, 318.14 through 318.20, 318.22, 318.23, 318.24 (2007; 76 FR 82077, effective December 30, 2011; 78 FR 66826, effective January 6, 2014).

b) No meat or meat product shall be brought into an official establishment unless it is inspected or has been prepared in an official establishment or in a federally licensed establishment and is identified by an official inspection legend as set forth in Section 125.90, a federal inspection legend, or is exempt from inspection as stated in Section 125.110. Meat and meat products received in an official establishment during the absence of the inspector shall be identified as set forth in Section 125.200 and, unless exempt from inspection, shall not be used or prepared until they have been reinspected. Any meat and meat product originally prepared at any official establishment may not be returned to any part of that establishment other than the receiving area until it has been reinspected by the inspector and passed. Wild game carcasses shall comply with Section 5(B)(4) of the Act. The official establishment shall maintain an inventory of non-meat items (e.g., spices, preservatives) that are received at the official establishment. Any product that is brought on the premises of an official establishment contrary to the provisions of this Section shall be removed immediately from the establishment by the operator of the establishment.

c) Reinspections of meat and/or meat products within the official establishment shall be performed through the use of a random digit table.

d) Docks and receiving rooms for meat and/or meat products or other articles used by the establishment in the preparation of meat products entering an official establishment shall be approved by the inspector if the location of the docks or receiving rooms will not permit the product or article to pass through rooms containing inspected and passed products.

e) The manner of defrosting frozen products and methods of treating to preserve products shall be in accordance with procedures as set forth in the USDA Meat and Poultry Inspection Manual as adopted in Section 125.20.

f) Casings or weasand shall be inspected and passed if it is in compliance with the specific provisions as stated in 9 CFR 318.5(i) for passage of those articles.

g) The Department does not approve new substances to be used on meat or in meat products, their uses or the levels of use of an approved substance. These substances will be permitted to be used and artificial flavorings may be used if they do not adulterate the meat and/or meat product in accordance with Section 2.11 of the Act and are in compliance with the provisions of this Section.

h) References to exemptions from slaughter and custom slaughter shall mean those exemptions set forth in Section 125.110.

i) References, within the federal regulations incorporated by reference in subsection (a), to the federal Poultry Products Inspection Act of 1957 (21 USC 456), to sections 7 and 403 of that federal Act, and to 9 CFR 303 shall be interpreted to comport with the Illinois Meat and Poultry Inspection Act and this Part.

j) The Department does not approve thermometers for use in smokehouses, dry rooms and other compartments that are used in the treatment of pork.

k) Disinfectants shall be those as set forth in Section 125.180.

l) Adequate vacuum shall be determined through the use of vacuum gauges.

m) The Department incorporates by reference the Thermally Processed, Commercially Sterile Products provisions of 9 CFR 431 and 431.1 through 431.12 (2018; 83 FR 25302, effective July 30, 2018).

n) The standards and procedures for determining when ingredients of finished products are in compliance with this Section shall be as set forth in the USDA Meat and Poultry Inspection Manual.

History

• Source: Amended at 43 Ill. Reg. 3202, effective February 25, 2019

8 Ill. Adm. Code 125.280 Meat Definitions and Standards of Identity or Composition

The Department incorporates by reference 9 CFR 319 (2008; 76 FR 82077, effective December 30, 2011; 83 FR 25302, effective July 30, 2018). Methods for the destruction of live trichinae in pork shall be as set forth in Section 125.270.

History

• Source: Amended at 43 Ill. Reg. 3202, effective February 25, 2019

8 Ill. Adm. Code 125.290 Transportation

a) The Department incorporates by reference 9 CFR 325.1(a) through 325.2, 325.5 through 325.8(b), 325.10, 325.13 through 325.19 (2004).

b) Transportation of products which have become adulterated or misbranded from an official establishment shall be in sealed containers or sealed trucks.

c) Proprietary substances shall be those as stated in the "List of Proprietary and Nonfood Compounds" as adopted by the Department in Section 125.20.

d) Specimens of product for laboratory examination, research or for other nonhuman food purposes (e.g., educational training) shall be in compliance with Section 125.230.

e) References in the incorporated language to 9 CFR 312, 320 and 314 shall be interpreted to mean in accordance with Sections 125.90, 125.100 and 125.230, respectively.

History

• Source: Amended at 29 Ill. Reg. 5661, effective April 13, 2005

8 Ill. Adm. Code 125.295 Imported Products (repealed)

History

• Source: Repealed at 21 Ill. Reg. 11494, effective August 1, 1997

8 Ill. Adm. Code 125.300 Special Services Relating to Meat and Other Products

a) The Department incorporates by reference 9 CFR 350.1 through 350.3(a), 350.3(c), 350.5 through 350.7(a) and 350.7(d) (2004).

b) The charges for special services shall be paid by check, draft or money order payable to the Illinois Department of Agriculture upon furnishing to the person who requested the service a statement as to the amount due. The fee for rendering these services shall be at the rate of $25 per hour, except for services rendered on a holiday which shall be $30. The person who requested the special service shall also be billed for travel expenses incurred by the inspector in accordance with Travel Regulations (80 Ill. Adm. Code 2800).

History

• Source: Amended at 29 Ill. Reg. 5661, effective April 13, 2005

8 Ill. Adm. Code 125.305 Exotic Animal Inspection

a) With regard to the inspection and processing of exotic animals, the Department incorporates by reference 9 CFR 352.1, 352.3, 352.11, 352.12, 352.13, 352.14, 352.15, 352.16, and 352.17 (2004).

b) The Department incorporates by reference 9 CFR 352.7 (2004), except that the description of the official inspection legend and brand shall be as described in Section 125.90.

c) References in the incorporated language to 9 CFR 304, 317, 309, 310, 311, 314, 318, 320, and 325 shall be interpreted as references to the provisions in Sections 125.30, 125.250, 125.190, 125.200, 125.210, 125.230, 125.270, 125.100 and 125.290, respectively.

d) References in the incorporated language to 9 CFR 313 shall be interpreted as references to Section 125.220.

History

• Source: Amended at 29 Ill. Reg. 5661, effective April 13, 2005

8 Ill. Adm. Code 125.310 Application of Inspection

The Department incorporates by reference 9 CFR 381.3(c) through (e) and 381.7 (2004); 79 FR 49566, effective October 20, 2014, unless such products are exempted from inspection in accordance with Section 5 of the Act. All rabbits that are eviscerated in an official establishment shall be inspected for condition and wholesomeness and no dressed rabbits or uninspected products of rabbits shall be brought into an official establishment, unless they are exempt from inspection in accordance with Section 5 of the Act.

History

• Source: Amended by peremptory rulemaking at 38 Ill. Reg. 20825, effective October 20, 2014

8 Ill. Adm. Code 125.320 Facilities for Inspection

a) The Department incorporates by reference 9 CFR 381.36 (2004); 79 FR 49566, effective October 20, 2014.

b) The Department shall approve the construction of an establishment or the remodeling of an establishment if such establishment or the remodeling is in compliance with 9 CFR 416. The inspector's office shall be approved if it is in compliance with the requirements for an inspector's office as set forth in 9 CFR 416 (9 CFR 416 is incorporated in Section 125.141). The office will be considered as being in a convenient location if it is on the premises of the official establishment or located in a building adjacent to the official establishment. Small plants (as identified in 9 CFR 381.36) which do slaughtering shall furnish an inspector's office either at the establishment or in a building adjacent to the official establishment.

History

• Source: Amended by peremptory rulemaking at 38 Ill. Reg. 20825, effective October 20, 2014

8 Ill. Adm. Code 125.330 Sanitation (Repealed)

History

• Source: Repealed by peremptory rulemaking at 24 Ill. Reg. 3933, effective February 22, 2000

8 Ill. Adm. Code 125.340 Operating Procedures

a) The Department incorporates by reference 9 CFR 381.65 through 381.67 (2004); 79 FR 49566, effective October 20, 2014.

b) The bar-cut method of evisceration shall not be used.

c) Cut-up poultry may be processed from unchilled eviscerated poultry only in air-conditioned rooms (50 degrees F. or less).

d) The meltage of ice in the chilling system shall be counted toward the minimum fresh water intake requirements provided an accurate measurement of the amount of melted ice can be obtained.

e) Reference to the Poultry Inspector's Handbook shall mean the "Meat and Poultry Inspection Manual" as adopted by the Department in Section 125.20.

f) The Department shall approve the shipment of poultry in operational type containers, such as chill tanks or lugs, from one official establishment to another official establishment for further processing provided the means of conveyance is sealed and the poultry can reach its destination in accordance with the general chilling requirements as stated in this Section (see 9 CFR 381.66(b)).

g) Ready-to-cook poultry shall be permitted to be moved from an official establishment prior to freezing in accordance with the specific requirements as stated in 9 CFR 381.66(f)(3).

h) Compounds used in immersion or spray freezing procedures shall be those that are listed in the "List of Proprietary Substances or Nonfood Compounds" as adopted by the Department in Section 125.20.

History

• Source: Amended by peremptory rulemaking at 38 Ill. Reg. 20825, effective October 20, 2014

Chapter I Department of Agriculture

Subchapter c Meat and Poultry Inspection Act

Part 125 Meat and Poultry Inspection Act

8 Ill. Adm. Code 125.350 Ante-Mortem Inspection

a) The Department incorporates by reference 9 CFR 381: Subpart J (2004).

b) Procedures for ante-mortem and post-mortem inspections and any correlation between the two inspections shall be as set forth in the "Meat and Poultry Inspection Manual" as adopted by the Department in Section 125.20.

c) Incineration of poultry suspected of having been treated with or exposed to any substance which imported a biological residue shall be in accordance with Section 125.370. The Department shall permit the slaughter of such poultry for the purpose of collecting tissues for analysis of the residue upon the request of the owner of the poultry or at the request of the official establishment.

d) The Director shall approve the slaughter of poultry which was used in research in accordance with the specific provisions as stated in 9 CFR 381.75, except for rabbits as stated in Section 125.360.

History

• Source: Amended at 29 Ill. Reg. 5661, effective April 13, 2005

8 Ill. Adm. Code 125.360 Post-Mortem Inspection; Disposition of Carcasses and Parts

a) The Department incorporates by reference 9 CFR 381: Subpart K (2004); 79 FR 49566, effective October 20, 2014. The E. coli process control testing regulations set forth in 9 CFR 381.94(a) will be applicable on October 1, 1997, and the Salmonella pathogen reduction performance standards regulations set forth in 9 CFR 381.94(b) will be applicable simultaneously with applicability dates for implementation of HACCP in Section 125.142.

b) Carcasses of rabbits affected with or showing lesions of any of the following named diseases or conditions shall be condemned: Tularemia, anthrax, hemorrhagic septicemia, pyemia, septicemia, leukemia, acute enteritis, peritonitis, sarcomatosis, metritis, necrobacillosis (Smorl's Disease), tuberculosis, emaciation, streptobacillary pseudotuberculosis, and advanced stages of snuffles. Rabbits from pathological laboratories shall be condemned.

c) Carcasses of rabbits showing any disease, such as generalized melanosis and pseudoleukemia which systemically affect the rabbit, shall be condemned.

d) Any organ or part of a rabbit carcass which is badly bruised or which is affected by an abscess or a suppurating sore, shall be condemned. Parts or carcasses of rabbits which are contaminated by pus shall be condemned.

e) Carcasses of rabbits contaminated by volatile oils, paints, poisons, gases or other substances which affect the wholesomeness of the carcass shall be condemned.

f) All carcasses of rabbits so infected that consumption of the meat or meat food products thereof may give rise to meat poisoning shall be condemned. This includes all carcasses showing signs of any of the following diseases: Acute inflammation of the lungs, pleura, pericardium, peritoneum or meninges, septicemia or pyemia (whether traumatic, or without evident cause), gangrenous or severe hemorrhagic enteritis or gastritis, polyarthritis and acute nephritis. Immediately after the slaughter of any rabbit so infected, the infected premises and implements used shall be sanitized. The part or parts of any carcass coming into contact with the carcass or any part of the carcass of any rabbit listed in this paragraph other than those affected with acute inflammation of the lungs, pleura, pericardium, peritoneum or meninges, shall be condemned.

g) Carcasses of rabbits showing any degree of icterus with a parenchymatous degeneration of organs, the result of infection or intoxication, and those which, as a result of a pathological condition show an intense yellow or greenish-yellow discoloration without evidence of infection or intoxication shall be condemned.

h) Carcasses of rabbits affected with mange or scab in advanced stages or showing emaciation or extension of the inflammation to the flesh shall be condemned. When the diseased condition is localized, the carcass shall be passed for food purposes after removal and condemnation of the affected parts.

i) In the disposal of carcasses and parts of carcasses of rabbits showing evidence of infestation with parasites not transmissible to man, the following general rules shall govern: If the lesions are localized in such manner and are of such character that the parasites and the lesions caused by them may be radically removed, the non-affected portion of the carcass, or part of the carcass, shall be certified for food purposes after the removal and condemnation of the affected portions. Where a part of a carcass shows numerous lesions caused by parasites, or the character of the infestation is such that complete extirpation of the parasites and lesions is difficult and uncertainly accomplished, or if the parasitic infestation or invasion renders the organ or part in any way unfit for food, the affected organ or part shall be condemned. Where parasites are found to be distributed in a carcass in such a manner or to be of such a character that their removal and the removal of the lesions caused by them are impracticable, no part of the carcass shall be certified as capable for use as human food and the entire carcass shall be condemned. Carcasses of rabbits infested with a hydatid cyst or cysts (Echinococcus grandulosis), transmissible to dogs and from dogs to man, shall in all cases be condemned regardless of the degree of infestation.

j) Carcasses of rabbits showing such degree of emaciation or anemic condition as would render the meat unwholesome, and carcasses which show a slimy degeneration of the fat or a serious infiltration of the muscles shall be condemned.

k) Carcasses of poultry, the viscera and any part removed from the carcass shall be kept together and identified by a lot number until the inspector performs a post-mortem inspection.

History

• Source: Amended by peremptory rulemaking at 38 Ill. Reg. 20825, effective October 20, 2014

Chapter I Department of Agriculture

Subchapter c Meat and Poultry Inspection Act

Part 125 Meat and Poultry Inspection Act

8 Ill. Adm. Code 125.370 Handling and Disposal of Condemned or Inedible Products at Official Establishments

Condemned and inedible poultry and/or poultry products shall be disposed of by persons licensed in accordance with the Illinois Dead Animal Disposal Act (see Section 125.120). If the official establishment has no facilities for tanking the condemned carcasses or poultry products or if the inspector cannot leave the slaughter area, the condemned poultry or poultry products shall be denatured as set forth in 9 CFR 381.95(c) (2004).

History

• Source: Amended at 29 Ill. Reg. 5661, effective April 13, 2005

8 Ill. Adm. Code 125.380 Labeling and Containers

a) The Department incorporates by reference 381.115 through 381.127, 381.129 through 381.132(f), 381.133, 381.134, 381.136 through 381.140, 381.144(a) through 381.144(d), 381.400, 381.402, 381.408, 381.409, 381.412, 381.413, 381.443; 381.444; 381.445; 381.454; 381.456, 381.460, 381.461, 381.462, 381.463, 381.469, 381.480, 381.500 (2010; 75 FR 82148, effective January 1, 2012; 76 FR 82077, effective December 30, 2011; 77 FR 76824, effective December 31, 2012; 78 FR 66826, effective January 6, 2014; 79 FR 49566, effective October 20, 2014; 79 FR 71007, effective December 1, 2014; 79 FR 79044, effective January 1, 2016).

b) Each shipping container and each immediate container containing inspected and passed poultry and/or poultry products shall be identified in accordance with the labeling provisions of this Section.

c) Immediate containers of poultry products packed in, bearing or containing any chemical additive shall bear a label naming the additive and the purpose of its use.

d) Labels for consumer packages shall be approved if the label is not misbranded in accordance with Section 2.20 of the Act and is in compliance with this Section.

e) The specific statements listed in 9 CFR 381.121 may be added to the label for the shipping container at the option of the licensee.

f) The quantity of contents as shown on the label shall be in compliance with the Weights and Measures Act and 8 Ill. Adm. Code 600.

g) No labeling or containers that have not been approved shall be used until a final decision is rendered at an administrative hearing in accordance with Section 19 of the Act.

h) The Department shall approve the manufacture of a device or label containing an official mark of inspection provided the device or label is in compliance with Section 125.90.

i) Labeling and sketch labeling shall be approved by the Department if the label is in compliance with the provisions of this Section and the label is not misbranded in accordance with Section 2.20 of the Act. All labels and sketch labels shall be submitted to the Springfield office of the Department for approval.

j) The Department shall approve temporary labeling as stated in 9 CFR 381.132(f). Labeling that has received temporary approval shall not be used beyond the temporary approval period unless the printer or manufacturer of the label is unable to provide the official establishment with the permanent labels before the expiration of the temporary approval.

k) A copy of each label submitted for approval shall be accompanied by a statement showing the common or usual names, the kinds and percentages of the ingredients comprising the poultry product and a statement indicating the method or preparation of the product with respect to which the label is to be used. Laboratories used for chemical analysis shall be any approved laboratory as defined in 8 Ill. Adm. Code 20.1.

l) The Department does not approve terms for generic labeling and considers the approval of terms as generic to be the responsibility of the federal government.

m) The Department does not issue a list of approved packaging materials and will permit for use any packaging material which has been approved by the U.S. Department of Agriculture (see 9 CFR 317.24 (1997)).

n) Labels and devices approved for use pursuant to Section 125.90 and this Section shall be disposed of only when those labels or devices have been mutilated or damaged or when the establishment ceases to do business. The labels and devices shall be given to the inspector for disposition.

o) The inspector shall grant authorization to transport labels, wrappers and containers bearing official marks from one official establishment to another official establishment provided the official establishment provides to the inspector the information required in 9 CFR 381.138 so that the inspector can notify the inspector at the destination point.

p) Labels to be used for the relabeling of inspected and passed product shall be permitted to leave the official establishment when the product must be relabeled because the original labels have become mutilated or damaged. The official establishment shall reimburse the Department for any overtime costs, if applicable, involved for the inspector to supervise the relabeling of a product. The overtime charges shall be as set forth in Section 125.80.

q) Labeling of custom slaughtered and/or custom processed poultry and/or poultry products and the containers containing custom slaughtered and/or custom processed poultry products shall be as set forth in Section 5 of the Act.

r) The Department shall approve only those abbreviations for marks of inspection as specifically stated in Section 2.26(j)(3), (4), (5) and (9) of the Act.

History

• Source: Amended at 40 Ill. Reg. 2739, effective January 22, 2016

8 Ill. Adm. Code 125.390 Entry of Articles Into Official Establishments; Processing Inspection and Other Reinspections; Processing Requirements

a) The Department incorporates by reference 9 CFR 381.145(b) through 381.146, 381.148, 381.150 through 381.151, 381.200 (2004; 76 FR 82077, effective December 30, 2011).

b) No poultry or poultry product shall be brought into an official establishment unless it is inspected or has been prepared in an official establishment or in a federally licensed establishment and is identified by an official inspection legend as set forth in Section 125.90, the federal inspection legend, or is exempt from inspection as stated in Section 125.110. However, poultry or poultry products imported into the United States may be transported to an inspection site in accordance with the provisions of 9 CFR 381.200 for reinspection.

c) Poultry and poultry products received in an official establishment during the absence of the inspector shall be identified as set forth in Section 125.360 and, unless exempt from inspection, shall not be used or prepared until they have been reinspected. Any poultry and/or poultry product originally prepared at any official establishment may not be returned to any part of the establishment other than the receiving area until it has been reinspected and passed by the inspector.

d) The official establishment shall maintain an inventory of non-poultry items (e.g., spices, preservatives) that are received at the official establishment. Any product that is brought on the premises of an official establishment contrary to the provisions of this Section shall be removed immediately from the establishment by the operator of the establishment.

e) Reinspections of poultry and/or poultry products within the official establishment shall be performed through the use of a random digit table.

f) Poultry feet shall be approved for processing for human food in accordance with the procedures set forth in the USDA Meat and Poultry Inspection Manual as adopted by the Department in Section 125.20.

g) The Department does not approve new substances to be used on poultry or in poultry products, their uses, or the levels of use of an approved substance. The substances will be permitted to be used if they will not adulterate the poultry and/or poultry product in accordance with Section 2.11 of the Act and are in compliance with the provisions of this Section.

h) Ready-to-heat-and-eat poultry or stuffed ready-to-roast poultry may be moved from an official establishment prior to freezing in accordance with Section 125.330 (specifically the incorporated language in 9 CFR 381.66(f)(3)).

i) Any method of cleaning immediate containers used for the holding of poultry and poultry products shall be approved if that method is in compliance with the sanitation requirements (see Section 125.330).

j) Canned poultry products that may be processed without steam-pressure cooking shall be those products stated in the USDA Meat and Poultry Inspection Manual.

k) The inspector shall permit lots of canned poultry products to be shipped from the official establishment prior to the completion of the incubation period on the representative samples in accordance with the specific provisions in 9 CFR 381.309.

l) Disinfectants that may be used in an official establishment shall be those products on the List of Proprietary Substances and Nonfood Compounds adopted by the Department in Section 125.20.

History

• Source: Amended at 43 Ill. Reg. 3202, effective February 25, 2019

8 Ill. Adm. Code 125.400 Definitions and Standards of Identity or Composition

a) The Department incorporates by reference 9 CFR 381: Subpart P (81 FR 21706, effective January 1, 2018).

b) Cooling of poultry shall be in accordance with the provisions set forth in Section 125.330.

c) Definitions and standards of identity or composition for poultry products shall be as set forth in this Section and in Section 13(d) of the Act.

History

• Source: Amended at 43 Ill. Reg. 4526, effective March 26, 2019

8 Ill. Adm. Code 125.410 Transportation; Sale of Poultry or Poultry Products

a) The Department incorporates by reference 9 CFR 381.189 through 381.193 (2004).

b) Transportation of dead, dying, disabled or diseased poultry and parts of carcasses or poultry that has died otherwise than by slaughter at an official establishment, unless exempt from inspection and transportation requirements as set forth in Section 125.110, shall be in accordance with Section 125.120.

c) The manner for handling heads and feet of poultry shall be as set forth in the "Meat and Poultry Inspection Manual" as adopted by the Department in Section 125.20.

d) References in the incorporated language to USDA and PPIA shall mean the Illinois Department of Agriculture and the Meat and Poultry Inspection Act, respectively. References to "penalties in Section 11 of the Act" shall mean as set forth in Section 19 of the Meat and Poultry Inspection Act.

History

• Source: Amended at 29 Ill. Reg. 5661, effective April 13, 2005

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 190 Halal Food Disclosure

8 Ill. Adm. Code 190.10 Definitions

"Act" means the Consumer Fraud and Deceptive Business Practices Act [815 ILCS 505].

"Certifying Entity" means a certifying Islamic entity specializing in halal food or the supervising Muslim Inspector of Halal Food.

"Dealer" means any establishment that advertises, represents, or holds itself out as growing animals in a halal way or selling, preparing, or maintaining food as halal, including, but not limited to, manufacturers, animal farms, slaughterhouses, wholesalers, stores, restaurants, hotels, catering facilities, butcher shops, summer camps, bakeries, delicatessens, supermarkets, grocery stores, licensed health care facilities, freezer dealers, and food plan companies. These establishments may also sell, prepare or maintain food not represented as halal.

"Department" or "IDOA" means the Illinois Department of Agriculture.

"Director" means the Director of the Department.

"Distributor" means any person, firm or corporation engaged in the business of buying, negotiating for purchase of, handling or taking possession of, or selling products on commission or otherwise purchasing or selling of such articles other than for the person's own account.

"Food" means an animal grown to become food for human consumption, a food, a food product, a food ingredient, a dietary supplement, or a beverage.

"Halal" means prepared under and maintained in strict compliance with the laws and customs of the Islamic religion, including but not limited to those laws and customs of the zabiha/zebeeha (slaughtered according to appropriate Islamic codes) and as expressed by reliable recognized Islamic entities and scholars. [815 ILCS 505/2LL(a)]

8 Ill. Adm. Code 190.20 Registration Requirements; Posting of Registration

a) No dealer may represent an animal to be grown in a halal way to become food for human consumption or a food commodity as halal until the dealer has registered with the Department.

b) Dealers shall register on forms prescribed by the Department. Registration shall be valid until June 30 of each year. Each location of a dealer shall be separately registered. All dealers shall pay to the Department at the time of registration a $75 registration fee.

c) The following information is required for dealer registration: business name, address, and phone number. In addition, the dealer shall provide information disclosing the certifying entity, including the name, address, and phone number of the certifying entity, and a completed disclosure statement as provided in Section 190.40. The dealer must sign the registration form and certify that: "All food labeled halal is kept in the halal way and is from halal sources."

d) If the information required on a registration form changes during a year, then the dealer shall file an amended registration form.

e) A dealer shall post a copy of its registration form filed with the Department in a conspicuous place readily visible to customers.

8 Ill. Adm. Code 190.30 Labeling Requirements

a) A dealer shall not sell or distribute halal food unless such food is plainly labeled with the word "HALAL". No person shall deface, erase or remove any label required by this Section.

b) Any halal marking applied to red meat carcasses and/or poultry from animals represented as grown and slaughtered in the halal way shall be visible and readable.

c) A dealer may not sell, offer for sale, prepare, or service in or from the same place of business both unpackaged non-halal food and unpackaged food that he or she represents to be halal unless he or she posts a window sign at the entrance of his or her establishment that states in block letters at least 4 inches in height: "Halal and Non-Halal Foods Sold Here" or "Halal and Non-Halal Foods Served Here" or a statement of similar import.

8 Ill. Adm. Code 190.40 Disclosure Statement Requirements; Posting of Disclosure Statement

a) A dealer shall request from the Department the disclosure statements applicable to the business (see Appendices A-E). When making a request, the dealer shall identify its business type as (or a combination of) the following:

1. Slaughterhouse − Cattle, goats, sheep, and lambs (Appendix A);

2. Slaughterhouse − Poultry (Appendix B);

3. Distributor (Appendix C)

4. Retail establishment (Appendix D); and

5. All other establishments that advertise, represent, or hold themselves out as selling, preparing, or maintaining food as halal, including, but not limited to, manufacturers, wholesalers, restaurants, hotels, catering facilities, summer camps, bakeries, delicatessens, licensed health care facilities, freezer dealers, and food plan companies (Appendix E).

b) A dealer shall have copies of the disclosure statements filed with the Department in a public place, readily accessible to customers.

c) A dealer shall post in a conspicuous place the name and address of the distributor or slaughter facility of all meat and poultry products sold on the premises.

d) In the event of any change in the practices reported to the Department on the halal disclosure statement, a dealer shall immediately manually amend its posted halal disclosure statement to reflect the change in the posted practices and shall inform the Department in writing and, if applicable, any party to a contract, within 14 calendar days after any change in the stated information. The Department shall provide the dealer with a new halal disclosure statement form. The dealer shall complete and return the new halal statement to the Department within 14 calendar days. A dealer shall have a copy of the amended disclosure statement in a public place, readily accessible to customers.

8 Ill. Adm. Code 190.50 Record Keeping Requirements

a) Dealers shall maintain records evidencing sales, purchases, or other transfers of halal animals or food for 2 years from the date of sale, purchase or transfer. The records shall contain the date of the transaction, the type of halal food involved in the transaction, the parties to the transaction and copies of the disclosure statements.

b) Dealers shall maintain copies of disclosure forms that certify the dealer's food or animals to be halal as provided by a certifying entity for two years from the date of sale, purchase or transfer. Copies of the disclosure statements shall accompany products with each sale.

8 Ill. Adm. Code 190.60 Record Availability

Upon request, a dealer shall provide to the Director or the Director's designee copies of any records maintained under this Part. Failure of a dealer to comply with the Director's or designee's request for records is prima facie evidence that the dealer has violated this Part.

8 Ill. Adm. Code 190.70 Humane Methods of Slaughter

Nothing in this Part shall be construed to exempt any dealer from any of the provisions of the federal Humane Methods of Slaughter Act of 1978 (7 USC 1901) or the Illinois Humane Slaughter of Livestock Act [510 ILCS 75] that may be applicable.

8 Ill. Adm. Code 190.80 Halal Food Act

Nothing in this Part shall be construed to exempt any dealer from any of the provisions of the Halal Food Act [410 ILCS 637] that may be applicable.

8 Ill. Adm. Code 190.90 Meat and Poultry Inspection Act

Nothing in this Part shall be construed to exempt any meat and/or poultry product from any of the provisions of the Meat and Poultry Inspection Act [225 ILCS 650] that may be applicable.

8 Ill. Adm. Code 190.100 Unlawful Practice

a) It shall be an unlawful practice under the Act for any person to violate this Part. The Department shall refer any alleged violations of this Part to the Attorney General.

b) Any person subject to the requirements of Section 190.40 does not commit an unlawful practice if the person shows by a preponderance of the evidence that the person relied in good faith upon the representations of the animal farm, slaughterhouse, manufacturer, processor, packer, or distributor of any food represented as halal. [815 ILCS 505/2LL(c)]

c) Possession by a dealer of any food not in conformance with Section 190.40 with respect to that food is presumptive evidence that the person is in possession of that food with the intent to sell. [815 ILCS 505/2LL(d)]

8 Ill. Adm. Code 190.APPENDIX A Disclosure Statement: Slaughterhouse - Cattle, Goats, Sheep and Lambs

Name of Slaughterhouse:

Please check all that apply.

A. Raising of Animals

This establishment slaughters only cattle, goats, sheep and lambs that have only been fed feed that does not contain animal by-products, such as 100% vegetarian feed, organic feed or Amish feed.

The cattle, goats, sheep and lambs are free from diseases and raised without added hormones.

The cattle, goats, sheep and lambs slaughtered here do not have any sub-therapeutic antibiotics in their system at the time of slaughter.

B. Origin of Animals Slaughtered

Animals are raised on the premises.

USDA premises ID number:

Animals are purchased from the following farms (include the USDA Premise ID Number):

Name

ID #

Animals are purchased from the following auctions:

C. Slaughter

The USDA Plant Number of this slaughterhouse is:

The Illinois Department of Agriculture plant number of this slaughterhouse is:

The slaughterhouse is not under the supervision of any halal certifying entity.

The slaughterhouse is under the supervision of the following halal certifying entity.

Name of Certifying Entity:

Address:

The slaughter of animals is performed in the following manner:

The animal is alive at the time of slaughter.

The animal is not stunned before slaughter.

The animal is slaughtered with a sharp knife.

The knife used during the slaughter is cleaned/sanitized after each animal.

The animal is facing Mecca when slaughtered.

The animal is slaughtered by a person who represents him/herself as a Muslim.

Name:

Certifying entity:

The slaughterer pronounces an Islamic benediction while performing the slaughter.

The animal is slaughtered with a swift, deep, transverse incision on the neck that causes a simultaneous and instantaneous severance of the jugular veins and carotid arteries on both sides, including the trachea and esophagus.

The spinal cord is not severed at the time of slaughter.

If any additional steps or procedures are performed, they are:

Pigs are slaughtered in this slaughterhouse.

If the above box is checked, answer the following:

Pigs are slaughtered on separate equipment.

Pigs are slaughtered on the same day as animals that are slaughtered to be sold as halal.

Pigs are slaughtered on a different day than animals that are slaughtered to be sold as halal.

D. Post-Slaughter

No part of the animal is cut before the animal is completely dead.

Only non-animal derived/non-alcohol based cleansers and sanitizers are used to wash/clean the equipment.

The animal is drained of blood following the slaughter.

The animal slaughtered to be sold as halal is stored in a cooler or freezer that contains only meat or poultry to be sold as halal.

Animals are labeled as halal or zabiha halal consistent with the Food Standards and Labeling Policy Book of the USDA.

If the slaughterhouse fabricates meat to be sold as halal, food packaging materials have been certified as halal by a halal certifying entity.

If the slaughterhouse fabricates meat to be sold as halal, the meat has not been co-mingled with any food or food product not represented to be halal.

E. Certification by Slaughterhouse

I certify that the above information is correct.

Signature

Printed Name

Business Name

Address

City

State

Zip Code

Telephone Number

Date

Chapter I Department of Agriculture

Subchapter b Animals and Animal Products (except Meat and Poultry Inspection Act Regulations)

Part 190 Halal Food Disclosure

8 Ill. Adm. Code 190.APPENDIX B Disclosure Statement: Slaughterhouse - Poultry

Name of Poultry Slaughterhouse:

Please check all that apply.

A. Raising of Poultry

This establishment slaughters only poultry that have been fed feed that does not contain any animal or animal by-products, such as 100% vegetarian feed, organic feed or Amish feed or seafood.

This establishment slaughters only poultry that has been raised on free roaming farms.

The poultry are free from diseases and raised without added hormones.

The poultry slaughtered do not have any sub-therapeutic antibiotics in their system at the time of slaughter.

B. Origin of Poultry Slaughtered

Poultry are raised on the premises.

USDA Premises ID number:

Poultry is purchased from the following farms (include the USDA Premises ID number):

Name

ID #

Poultry is purchased from the following auctions:

C. Slaughter

The USDA Plant Number of this slaughterhouse is:

The IDOA plant number of this slaughterhouse is:

The slaughterhouse is not under the supervision of any halal certifying entity.

The slaughterhouse is under the supervision of the following halal certifying entity.

Name of Certifying Entity:

Address:

The slaughter of poultry is performed in the following manner:

If the poultry is hand-slaughtered with a sharp knife:

If the above box is checked, answer the following:

The poultry is alive at the time of slaughter.

The poultry is not stunned before slaughter.

The knife used during the slaughter is cleaned/sanitized after each use.

The poultry is facing Mecca when slaughtered.

The poultry is slaughtered by a person who represents him/herself as a Muslim.

The slaughterer pronounces an Islamic benediction while performing the slaughter.

The poultry is slaughtered with a swift, deep, transverse incision on the neck that causes a simultaneous and instantaneous severance of the jugular veins and carotid arteries on both sides, including the trachea and esophagus.

The spinal cord is not severed at the time of slaughter.

If the poultry is slaughtered by mechanical means:

If the above box is checked, answer the following:

The poultry is alive at the time of slaughter.

The poultry is not stunned before slaughter.

The poultry is facing Mecca when slaughtered.

The machine is turned on and supervised by a person who represents him/herself as a Muslim.

An Islamic benediction is pronounced when the machine is turned on.

The poultry is slaughtered with a swift, deep incision on the neck that cuts the jugular veins and carotid arteries on both sides and also the trachea and esophagus.

Poultry that are not adequately slaughtered by the machine are manually slaughtered by a person who represents him/herself as a Muslim slaughterer with Islamic benediction.

The poultry is not decapitated.

If any additional steps or procedures are performed, they are:

Pigs are slaughtered in this slaughterhouse.

If the above box is checked, answer the following:

Pigs are slaughtered on separate equipment.

Pigs are slaughtered on the same day as animals that are slaughtered to be sold as halal.

Pigs are slaughtered on a different day as animals that are slaughtered to be sold as halal.

D. Post-Slaughter

No part of the poultry is cut before the poultry is completely dead.

Only non-animal derived/non-alcohol based cleansers and sanitizers are used to wash/clean the equipment.

The poultry is drained of blood following the slaughter.

The poultry slaughtered to be sold as halal is stored in a cooler or freezer that contains only meat or poultry to be sold as halal.

Poultry is labeled as halal or zabiha halal consistent with the Food Standards and Labeling Policy Book of the USDA.

If the slaughterhouse fabricates poultry to be sold as halal, food packaging materials have been certified as halal by a halal certifying entity.

If the slaughterhouse fabricates poultry to be sold as halal, the poultry has not been co-mingled with any food or food product not represented to be halal.

E. Certification by Slaughterhouse

I certify that the above information is correct.

Signature

Printed Name

Business Name

Address

City

State

Zip Code

Telephone Number

Date

8 Ill. Adm. Code 190.APPENDIX C Disclosure Statement: Distributor

For purposes of this disclosure, non-halal means food that this establishment does not represent to be halal.

Name of Distributor:

Please check all that apply.

A. General Disclosure

This establishment distributes only halal foods.

This establishment distributes both halal and non-halal foods.

This establishment distributes only meat and poultry as halal.

This establishment makes no representation as to the halal status of its foods other than that which appears on the package label of prepackaged food.

Meat distributed at this establishment is kept in the original package.

Meat distributed at this establishment is repackaged.

Meat repackaged at this establishment may be from different sources.

This establishment is under the supervision of the following halal certifying entity:

Name:

Address:

Telephone Number:

B. Meat and Poultry

Meat offered for sale at this establishment has been purchased from the vendors listed below who made the following representations. Each vendor must have Part B (Meat) filled out individually:

Name:

Address:

Telephone Number:

IDOA halal registration number (if applicable):

The animal was fed only 100% vegetarian feed, organic feed, or Amish feed, none of which contain any animal by-products.

The animal was not treated with hormones.

The animal was alive at the time of slaughter.

The animal was not stunned before slaughter.

The animal was hand-slaughtered with a sharp knife.

The knife used during the slaughter was sharpened/cleaned after each animal.

The animal was facing Mecca when slaughtered.

The animal was slaughtered by a person who represents him/herself as a Muslim.

The slaughterer pronounced an Islamic benediction while performing the slaughter.

The animal was slaughtered with a swift, deep incision on the neck that cut the jugular veins and carotid arteries on both sides and also the trachea and esophagus.

The spinal cord was not severed at the time of slaughter.

Only non-animal derived/non-alcohol based cleansers and sanitizers were used to wash/clean the equipment.

The animal was drained of blood following slaughter.

The animal slaughtered to be sold as halal was stored in a cooler or freezer that contained only meat or poultry to be sold as halal.

If any additional steps or procedures were performed, they were:

This establishment distributes meat or poultry labeled halal or zabiha halal from a federally inspected meat packaging plant.

This establishment distributes meat or poultry that has not been identified as halal or zabiha halal by the slaughterhouse.

Pork or pork products are not sold at this establishment.

Poultry offered for sale at this establishment has been purchased from the vendors listed below who made the following representations. Each vendor must have Part B (Poultry) filled out individually:

Name:

Address:

Telephone Number:

IDOA halal registration number (if applicable):

The poultry was fed only 100% vegetarian feed, organic feed, or Amish feed, none of which contain any animal by-products.

The poultry was not treated with hormones.

The poultry was alive at the time of slaughter.

The poultry was not stunned before slaughter.

The poultry was slaughtered by mechanical means.

The poultry was hand-slaughtered with a sharp knife.

The knife used during the slaughter was sharpened/cleaned after each use.

The poultry was facing Mecca when slaughtered.

The poultry was slaughtered by a person who represents him/herself as a Muslim.

The slaughterer pronounced an Islamic benediction while performing the slaughter.

The poultry was slaughtered with a swift, deep incision on the neck that cut the jugular veins and carotid arteries on both sides and also the trachea and esophagus.

The spinal cord was not severed at the time of slaughter.

Only non-animal derived/non-alcohol based cleansers and sanitizers were used to wash/clean the equipment.

The poultry was drained of blood following slaughter.

The poultry slaughtered to be sold as halal was stored in a cooler or freezer that contained only meat or poultry to be sold as halal.

If any additional steps or procedures were performed, they were:

This establishment purchases only meat or poultry labeled halal or zabiha halal from a federally inspected meat packaging plant.

This establishment sells meat or poultry that has not been identified as halal or zabiha halal by the slaughterhouse.

Pork or pork products are not sold at this establishment.

C. Food Products Prepared On Site

Prepared food labeled or represented as halal does not contain or use any ingredients from an animal not represented as halal by the slaughterhouse.

Prepared food labeled or represented as halal does not contain any product containing pork.

Prepared food labeled or represented as halal does not contain any alcohol.

No alcohol is used in the preparation of any prepared food represented as halal.

D. Food Packaging

Food packaging materials have been certified as halal by the following halal certifying entity:

Name:

Address:

Telephone Number:

E. Cleaners and Sanitizers

Only non-animal derived/non-alcohol based cleansers and sanitizers are used to wash/clean the equipment.

F. Certification by Livestock Producer

I certify that the above information is correct.

Signature

Printed Name

Business Name

Address

City

State

Zip Code

Telephone Number

Date

8 Ill. Adm. Code 190.APPENDIX D Disclosure Statement: Retail

For purposes of this disclosure, non-halal means food that this establishment does not represent to be halal.

Name of Retail Establishment:

Please check all that apply.

A. General Disclosure

This establishment sells only halal foods.

This establishment sells both halal and non-halal foods.

This establishment sells only meat and poultry as halal.

This establishment sells dairy goods as halal.

This establishment sells bakery products as halal.

This establishment makes no representation as to the halal status of its foods other than that which appears on the package label of prepackaged food.

Meat sold at this establishment is under the supervision of the following halal certifying entity:

Name:

Address:

Telephone Number:

Poultry sold at this establishment is under the supervision of the following halal certifying entity:

Name:

Address:

Telephone Number:

Dairy products sold at this establishment are under the supervision of the following halal certifying entity:

Name:

Address:

Telephone Number:

Bakery goods sold at this establishment are under the supervision of the following halal certifying entity:

Name:

Address:

Telephone Number:

This establishment uses separate utensils, cutting boards, machine slicers, meat grinders, knives and other equipment for halal and non-halal foods and the equipment is appropriately identified.

This establishment uses separate refrigerators, freezers and storage areas for halal and non-halal food.

Non-halal food products are not mixed with halal food products.

B. Meat and Poultry

Meat offered for sale at this establishment has been purchased from the vendors listed below who made the following representations. Each vendor must have Part B (Meat) filled out individually:

Name:

Address:

Telephone Number:

IDOA halal registration number (if applicable):

The animal was fed only 100% vegetarian feed, organic feed or Amish feed, none of which contains any animal by-products.

The animal was raised without added hormones.

The animal was alive at the time of slaughter.

The animal was not stunned before slaughter.

The animal was hand-slaughtered with a sharp knife.

The knife used during the slaughter was cleaned/sanitized after each animal.

The animal was facing Mecca when slaughtered.

The animal was slaughtered by a person who represents him/herself as a Muslim.

The slaughterer pronounced an Islamic benediction while performing the slaughter.

The animal was slaughtered with a swift, deep, transverse incision on the neck that causes a simultaneous and instantaneous severance of the jugular veins and carotid arteries on both sides, including the trachea and esophagus.

The spinal cord was not severed at the time of slaughter.

Only non-animal derived/non-alcohol based cleansers and sanitizers were used to wash/clean the equipment.

The animal was drained of blood following the slaughter.

The animal slaughtered to be sold as halal was stored in a cooler or freezer that contains only meat or poultry to be sold as halal.

If any additional steps or procedures were performed, they were:

The poultry offered for sale at this establishment has been purchased from the vendors listed below who made the following representations. Each vendor must have Part B (Poultry) filled out individually:

The name, address and telephone number of the vendors from whom the poultry referred to above was purchased:

Name:

Address:

Telephone Number:

IDOA halal registration number (if applicable):

The poultry was fed only 100% vegetarian feed, organic feed or Amish feed, none of which contain any animal by-products.

The poultry was raised without added hormones.

The poultry was alive at the time of slaughter.

The poultry was not stunned before slaughter.

The poultry was slaughtered by mechanical means.

The poultry was hand-slaughtered with a sharp knife.

The knife used during the slaughter was cleaned/sanitized after each use.

The poultry was facing Mecca when slaughtered.

The poultry was slaughtered by a person who represents him/herself as a Muslim.

The slaughterer pronounced an Islamic benediction while performing the slaughter.

The animal was slaughtered with a swift, deep incision on the neck that cut the jugular veins and carotid arteries on both sides and also the trachea and esophagus.

The spinal cord was not severed at the time of slaughter.

Only non-animal derived/non-alcohol based cleansers and sanitizers were used to wash/clean the equipment.

The poultry was drained of blood following the slaughter.

The poultry slaughtered to be sold as halal was stored in a cooler or freezer that contains only meat or poultry to be sold as halal.

If any additional steps or procedures were performed, they were:

This establishment purchases only meat or poultry labeled halal or zabiha halal from a federally inspected meat packaging plant.

This establishment sells meat or poultry that has not been identified as halal or zabiha halal by the slaughterhouse.

Pork or pork products are not sold at this establishment.

C. Bakery Products

Bakery products sold here do not contain any alcohol.

Bakery products sold here do not contain any pork, animal fat or lard.

Bakery products sold here do not contain any non-halal beef gelatin.

Bakery products sold here contain only gelatin derived from plants.

Bakery products sold here contain only gum derived from plants.

D. Milk and Dairy Products

All cheese sold here is certified as halal.

The name, address and telephone number of the halal certifying entity is:

Name:

Address:

Telephone Number:

All milk sold here is certified as halal.

The name, address and telephone number of the halal certifying entity is:

Name:

Address:

Telephone Number:

E. Food Products Prepared On Site

Prepared food labeled or represented as halal does not contain or use any ingredients from an animal not represented as halal by the slaughterhouse.

Prepared food labeled or represented as halal does not contain any product containing pork.

Prepared food labeled or represented as halal does not contain any alcohol.

No alcohol is used in the preparation of any prepared food represented as halal.

F. Food Packaging

Food packaging materials have been certified as halal by the following halal certifying entity:

Name:

Address:

Telephone Number:

G. Cleaners and Sanitizers

Only non-animal derived/non-alcohol based cleansers and sanitizers are used to wash/clean the equipment.

H. Certification by Retailer

I certify that the above information is correct.

Signature

Printed Name

Business Name

Address

City

State

Zip Code

Telephone Number

Date

8 Ill. Adm. Code 190.APPENDIX E Disclosure Statement: Restaurant, Nursing Home, Summer Camp, Caterer or Other Dealer Who Serves Prepared Food

Name of Restaurant, Nursing Home, Summer Camp, Caterer or Other Dealer:

Please check all that apply.

A. General Disclosures

This establishment sells only food represented as halal as described in this disclosure statement.

This establishment sells both food represented as halal and food not represented as halal.

The restaurant, nursing home, summer camp, caterer or other dealer is not under the supervision of a halal certifying entity.

The restaurant, nursing home, summer camp, caterer or other dealer is under the supervision of the following halal certifying entity.

Name of Certifying Entity:

Address:

All food sold does not contain pork or pork products.

All food sold does not contain blood as an ingredient.

All food sold does not contain alcohol.

All cheese used is certified as halal.

All milk used is certified as halal.

This establishment uses separate utensils, cutting boards, cooking utensils, ovens, microwaves and knives for halal and non-halal foods, which are appropriately identified.

This establishment uses separate refrigerators, freezers and storage areas for food represented as halal and food not represented as halal.

All food served as halal is not mixed with any non-halal food.

Alcohol is not used in the preparation of food.

B. Meat and Poultry

Meat offered for sale at this establishment has been purchased from the vendors listed below who made the following representations. Each vendor must have Part B (Meat) filled out individually:

The name, address and telephone number of the vendors from whom the meat referred to above was purchased:

Name:

Address:

Telephone Number:

IDOA halal registration number (if applicable):

The animal was fed only 100% vegetarian feed, organic feed or Amish feed, none of which contains any animal by-products.

The animal was raised without added hormones.

The animal was alive at the time of slaughter.

The animal was not stunned before slaughter.

The animal was hand-slaughtered with a sharp knife.

The knife used during the slaughter was cleaned/sanitized after each animal.

The animal was facing Mecca when slaughtered.

The animal was slaughtered by a person who represents him/herself as a Muslim.

The slaughterer pronounced an Islamic benediction while performing the slaughter.

The animal was slaughtered with a swift, deep, transverse incision on the neck that causes a simultaneous and instantaneous severance of the jugular veins and carotid arteries on both sides, including the trachea and esophagus.

The spinal cord was not severed at the time of slaughter.

Only non-animal derived/non-alcohol based cleansers and sanitizers were used to wash/clean the equipment.

The animal was drained of blood following the slaughter.

The animal slaughtered to be sold as halal was stored in a cooler or freezer that contains only meat or poultry to be sold as halal.

If any additional steps or procedures were performed, they were:

The poultry offered for sale at this establishment has been purchased from the vendors listed below who made the following representations. Each vendor must have Part B (Poultry) filled out individually:

The name, address and telephone number of the vendors from whom the meat referred to above was purchased:

Name:

Address:

Telephone Number:

IDOA halal registration number (if applicable):

The poultry was fed only 100% vegetarian feed, organic feed or Amish feed, none of which contains any animal by-products.

The poultry was raised without added hormones.

The poultry was alive at the time of slaughter.

The poultry was not stunned before slaughter.

The poultry was slaughtered by mechanical means.

The poultry was hand-slaughtered with a sharp knife.

The knife used during the slaughter was cleaned/sanitized after each use.

The poultry was facing Mecca when slaughtered.

The poultry was slaughtered by a person who represents him/herself as a Muslim.

The slaughterer pronounced an Islamic benediction while performing the slaughter.

The poultry was slaughtered with a swift, deep, transverse incision on the neck that causes a simultaneous and instantaneous severance of the jugular veins and carotid arteries on both sides, including the trachea and esophagus.

The spinal cord was not severed at the time of slaughter.

Only non-animal derived/non-alcohol based cleansers and sanitizers were used to wash/clean the equipment.

The poultry was drained of blood following the slaughter.

The poultry slaughtered to be sold as halal was stored in a cooler or freezer that contains only meat or poultry to be sold as halal.

If any additional steps or procedures were performed, they were:

Meat and poultry offered for sale have been slaughtered as halal or zabiha halal and identified as such at the slaughterhouse consistent with Federal labeling guidelines.

This establishment purchases only meat or poultry labeled halal or zabiha halal from a federally or State inspected meat packing plant.

Pork or pork products are not sold at this establishment.

This establishment sells meat or poultry that has not been identified as halal or zabiha halal by the slaughterhouse.

C. Food Packaging

Food packaging materials have been certified as halal by the following halal certifying entity:

Name:

Address:

Telephone Number:

D. Cleaners and Sanitizers

Only non-animal derived/non-alcohol based cleansers and sanitizers are used to wash/clean the equipment.

E. Certification by Establishment

I certify that the above information is correct.

Signature

Printed Name

Business Name

Address

City

State

Zip Code

Telephone Number

Date

Chapter I Department of Agriculture

Subchapter d Feed

Part 200 Commercial Feed Act

8 Ill. Adm. Code 200.10 Brand and Product Names (repealed)

History

• Source: Repealed at 16 Ill. Reg. 15889, effective September 30, 1992

8 Ill. Adm. Code 200.15 Definition of Terms

"AAFCO" means the Association of American Feed Control Officials which is adopted in Section 10 of the Act.

"Act" means the Illinois Commercial Feed Act of 1961 (Ill. Rev. Stat. 1991, ch. 56½, par. 66.1 et seq.).

"Commercial feed" means all materials, including customer formula feeds, which are distributed for use as feed, or labeled with a guaranteed analysis for use as feed, or for mixing in feed for birds or animals other than man (Section 3(d) of the Act).

The following commodities are hereby declared exempt from the definition of commercial feed under the provisions of Section 3(d) of the Act: hay, straw, stover, silages, cobs, husks, and hulls when unground and when not mixed with other materials (Section 3(d) of the Act).

Individual chemical compounds and substances are hereby declared exempt from the definition of Commercial Feed under the provision of Section 3(d) of the Act when it has been determined that these products meet the following criteria:

There is an adopted AAFCO definition for the product.

The product is either GRAS or is not covered by a specific FDA Regulation.

The product is either a natural occurring product of uniform chemical composition or is manufactured to meet the AAFCO definition of the product.

Additives which are intended to impart special desirable characteristics (e.g., cheese flavoring) shall be permitted.

No apparent problems have been noted with the control of this product.

Loose salt is exempt from the definition of commercial feed.

"FDA" means United States Food and Drug Administration.

"GRAS" means generally recognized as safe by the United States Food and Drug Administration.

History

• Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992

8 Ill. Adm. Code 200.20 Expression of Guarantees (Repealed)

History

• Source: Repealed at 16 Ill. Reg. 15889, effective September 30, 1992

Chapter I Department of Agriculture

Subchapter d Feed

Part 200 Commercial Feed Act

8 Ill. Adm. Code 200.25 Label Format

a) Commercial feed, other than customer-formula feed, shall be labeled with the information prescribed in this Section on the principal display panel of the product and in the following general format:

1. Net Weight (may be stated in metric units in addition to the required avoirdupois units).

2. Product name and brand name, if any.

3. If a drug is used:

A) The word "medicated" shall appear directly following and below the product name in type size no smaller than one-half the type size of the product name.

B) The purpose of the medication (claim statement).

C) An active drug ingredient statement listing the active drug ingredients by their established name and the amounts in accordance with Section 200.45(d).

4. Directions for use and precautionary statements or reference to their location if the detailed feeding directions and precautionary statements required by Sections 200.65 and 200.75 appear elsewhere on the label.

5. The guaranteed analysis of the commercial feed which shall include the following items, unless exempted in subsection J of this Section, and they shall appear in the order as listed:

A) Minimum percentage of crude protein.

B) Maximum or minimum percentage of equivalent protein from non-protein nitrogen as required in Section 200.45(e).

C) Minimum percentage of crude fat.

D) Maximum percentage of crude fiber.

E) Minerals in commercial feeds shall be listed in the following order:

i) minimum and maximum percentages of calcium,

ii) minimum percentage of phosphorus,

iii) minimum and maximum percentages of salt, and

iv) maximum or minimum percentages of other minerals.

F) Minerals in feed ingredients shall be those as specified by the official definitions of the Association of American Feed Control Officials which is adopted in Section 10 of the Act.

G) Vitamins in such terms as specified in Section 200.45(c).

H) Total percentages of sugars as invert on dried molasses products or products being sold primarily for their sugar content.

I) Viable lactic acid producing microorganisms for use in silages in terms specified in Section 200.45(g).

J) Exemptions:

i) A mineral guarantee is not required when the feed or feed ingredient is not represented as or does not serve as a principal source of that mineral to the animal or where the commercial feed contains less than a total of 6.5% calcium, phosphorous or salt.

ii) Guarantees for vitamins are not required when the commercial feed is neither formulated for nor represented in any manner as a vitamin supplement.

iii) Guarantees for crude protein, crude fat, and crude fiber are not required when the commercial feed is intended for purposes other than to furnish these substances relating to the primary purpose of the product, e.g. such as drug premixes, mineral or vitamin supplements, and molasses.

iv) Guarantees for microorganisms are not required when the commercial feed is intended for a purpose other than to furnish these substances relating to the primary purpose of the product, and no specific label claims are made.

6. Feed ingredients or collective terms for the grouping of feed ingredients as required by Section 5(a)(4) of the Act.

A) The common or usual name of each ingredient as defined in the Official Publication of the Association of American Feed Control Officials, which is adopted in Section 10 of the Act.

B) Collective terms for the grouping of feed ingredients as defined in the Official Definitions of Feed Ingredients published in the Official Publication of the Association of American Feed Control Officials may be used in lieu of the individual ingredients provided that:

i) when a collective term for a group of ingredients is used on the label, individual ingredients within that group shall not be listed on the label; and

ii) the manufacturer shall provide the Director, upon request, with a list of individual ingredients, within a defined group, that are or have been used in the commercial feed.

7. Name and principal mailing address of the manufacturer or person responsible for distributing the commercial feed. The principal mailing address shall include the city, state, and zip code.

8. The information required by Section 5(a)(1) through (5) of the Act shall appear in its entirety on one side of the label. The information required by Section 5(a)(6) and (7) of the Act shall be displayed in a prominent place on the label but not necessarily on the same side as the information required by Section 5(a)(1) through (5) of the Act. When the information required by Section 5(a)(6) and (7) of the Act is placed on a different side of the label, it must be referenced on the front side with a statement such as "See back of label for directions for use." None of the information required by Section 5 of the Act shall be subordinated or obscured by other statements or designs.

b) Customer-formula feed shall be accompanied by a label, invoice, delivery ticket, or other shipping document bearing the following information:

1. The name and address of the manufacturer.

2. The name and address of the purchaser.

3. The date of sale or delivery.

4. The customer-formula product name and brand name, if any.

5. The product name and net weight of each registered commercial feed and each other feed ingredient used in the mixture.

6. The directions for use and precautionary statements as required by Sections 200.65 and 200.75.

7. If a product containing a drug is used:

A) The purpose of the medication (claim statement).

B) The established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with Section 200.45(d).

History

• Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992

8 Ill. Adm. Code 200.30 Definitions, Sampling and Analysis (Repealed)

History

• Source: Repealed at 16 Ill. Reg. 15889, effective September 30, 1992

Chapter I Department of Agriculture

Subchapter d Feed

Part 200 Commercial Feed Act

8 Ill. Adm. Code 200.35 Brand and Product Names

a) The brand or product name shall be appropriate for the intended use of the feed and shall not be misleading. If the name indicates the commercial feed is made for a specific use, the character of the feed shall conform therewith. A mixture labeled "Dairy Feed," for example, must be suitable for that purpose.

b) Commercial, registered brand or trade names are not permitted in guarantees or ingredient listings. Brand or trade names shall only appear in the product name of the feed produced by or for the firm holding the rights to such a name.

c) The name of a commercial feed shall not be derived from one or more ingredients of a mixture to the exclusion of other ingredients and the name shall not be one representing any components of a mixture, unless all components are included in the name: provided, that if any ingredient or combination of ingredients is intended to impart a distinctive characteristic to the product, the name of that ingredient or combination of ingredients may be used as a part of the brand name or product name if the ingredients or combination of ingredients is quantitatively guaranteed in the guaranteed analysis, and the brand or product name is not otherwise false or misleading.

d) The word "protein" shall not be permitted in the product name of a commercial feed that contains added non-protein nitrogen.

e) When the name carries a percentage value, it shall be understood to signify protein, or equivalent protein content only, or both, even though it may not explicitly modify the percentage with the word "protein": provided, that other percentage values may be permitted if they are followed by the identifying description. Digital numbers shall not be used in such a manner as to be misleading or confusing to the customer.

f) A single ingredient feed shall have a product name in accordance with the designated definition of the feed ingredient as recognized by the Association of American Feed Control Officials as adopted in Section 10 of the Act.

g) The word "vitamin," or a contraction thereof, or any word suggesting vitamin can be used only in the name of a commercial feed which is represented to be a vitamin supplement, and which is labeled with the minimum content of each vitamin declared, as specified in Section 200.45(c).

h) The term "mineralized" shall not be used in the name of a commercial feed except for "trace mineralized salt". Trace mineralized salt shall contain amounts of trace minerals which are essential for animal nutrition.

i) The term "meat" and "meat by-products" shall be qualified to designate the animal from which the meat and meat by-products are derived, unless the meat and meat by-products are from cattle, swine, sheep or goats.

History

• Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992

8 Ill. Adm. Code 200.40 Ingredient Statement (Repealed)

History

• Source: Repealed at 16 Ill. Reg. 15889, effective September 30, 1992

Chapter I Department of Agriculture

Subchapter d Feed

Part 200 Commercial Feed Act

8 Ill. Adm. Code 200.45 Expression of Guarantees

a) The guarantees for crude protein, equivalent protein from non-protein nitrogen, crude fat, crude fiber and mineral guarantees, when required by Section 200.25(a)(5) and subsection (f) of this Section, shall be in terms of percentage.

b) Commercial feeds containing 6.5% or more calcium, phosphorus, sodium and chloride shall include in the guaranteed analysis the minimum and maximum percentages of calcium (Ca), the minimum percentage of phosphorus (P), and if salt is added, the minimum and maximum percentages of salt (NaCl). Minerals, except salt (NaCl), shall be guaranteed in terms of percentage of the elements.

1. When a calcium or salt guarantee is given in the guaranteed analysis, guarantee shall be stated and conform to the following:

A) When the minimum guarantee is 5.0% or less, the maximum shall not exceed the minimum by more than one percentage point.

B) When the minimum guarantee is above 5.0%, the maximum shall not exceed the minimum by more than 20% of the minimum and in no case shall the maximum exceed the minimum by more than five percentage points.

2. When required by Section 200.25(a)(j), guarantees for minimum potassium, magnesium, sulfur and maximum fluorine shall be stated in terms of percentage. Other minimum mineral guarantees shall be stated in parts per million (ppm) when the concentration is less than 10,000 ppm and in percentage when the concentration is 10,000 ppm (1%) or greater.

c) Guarantees for minimum vitamin content of commercial feeds shall be listed in the order specified and are stated in milligrams per pound (mg/lb) unless otherwise specified:

1. Vitamin A, other than precursors of vitamin A, in International Units per pound.

2. Vitamin D-3 in products offered for poultry feeding, in International Chick Units per pound.

3. Vitamin D for other uses, in International Units per pound.

4. Vitamin E, in International Units per pound.

5. Concentrated oils and feed additive premixes containing vitamins A, D or E may, at the option of the distributor, be stated in units per gram instead of units per pound.

6. Vitamin B-12, in milligrams or micrograms per pound.

7. All other vitamin guarantees shall express the vitamin activity in milligrams per pound in terms of the following: menadione; riboflavin; d-pantothenic acid; thiamine; niacin; vitamin B-6; folic acid, choline, biotin, inositol; p-amino benzoic acid; ascorbic acid; and carotene.

d) Guarantees for drugs shall be stated in terms of percent by weight, except:

1. Antibiotics, present at less than 2,000 grams per ton (total) of commercial feed, shall be stated in grams per ton.

2. Antibiotics, present at 2,000 or more grams per ton (total) of commercial feed, shall be stated in grams per pound.

3. Commercial feeds containing growth promotion or feed efficiency levels of antibiotics, which are to be fed continuously as the sole ration, are not required to have quantitative guarantees on the label, except as specifically required in the Federal Food Additive Regulations as adopted in Section 10 of the Act.

4. The term "milligrams per pound" may be used for drugs or antibiotics in cases in which a dosage is given in "milligrams" in the feeding directions.

e) Commercial feeds containing any added non-protein nitrogen shall be labeled as follows:

1. For ruminants:

A) Complete feeds, supplements, and concentrates containing added non-protein nitrogen and containing more than 5% protein from natural sources shall be guaranteed as follows:

Crude Protein, minimum, (insert number) % (This includes not more than (insert number) & equivalent protein from non-protein nitrogen).

B) Mixed feed concentrates and supplements containing less than 5% protein from natural sources may be guaranteed as follows:

Equivalent Crude Protein from Non-Protein Nitrogen, minimum, (insert number) %

C) Ingredient sources of non-protein nitrogen such as Urea, DiAmmonium Phosphate, Ammonium Polyphosphate Solution, Ammoniated Rice Hulls, or other basic non-protein nitrogen ingredients defined by the Association of American Feed Control Officials shall be guaranteed as follows:

Nitrogen, minimum, (insert number) %

Equivalent Crude Protein from Non-Protein Nitrogen, minimum, (insert number) %

2. For non-ruminants:

A) Complete feeds, supplements and concentrates containing crude protein from all forms of non-protein nitrogen, added as such, shall be labeled as follows:

Crude protein, minimum, (insert number) % (This includes not more than (insert number) % equivalent crude protein which is not nutritionally available to (species of animal for which feed is intended)).

B) Premixes, concentrates or supplements intended for non-ruminants containing more than 1.25% equivalent crude protein from all forms of non-protein nitrogen, added as such, shall contain directions for use and a prominent statement: "WARNING: This feed must be used only in accordance with directions furnished on the label".

f) Mineral phosphatic materials for feeding purposes shall be labeled with the guarantee for minimum and maximum percentage of calcium (when present), the minimum percentage of phosphorus, and the maximum percentage of fluorine.

g) Guarantees for microorganisms shall be stated in colony forming units per gram (CFU/g) when directions are for using the product in grams, or in colony forming units per pound (CFU/lb) when directions are for using the product in pounds. A parenthetical statement following the guarantee shall list each species in order of predominance.

History

• Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992

8 Ill. Adm. Code 200.50 Labeling (repealed)

History

• Source: Repealed at 16 Ill. Reg. 15889, effective September 30, 1992

8 Ill. Adm. Code 200.55 Ingredients

a) The name of each ingredient or collective term for the grouping of ingredients, when required by Section 200.25 to be listed, shall be the same as defined in the Official Definitions of Feed Ingredients as published in the Official Publication of the Association of American Feed Control Officials, which is adopted in Section 10 of the Act.

b) The name of each ingredient shall be shown in letters or type of the same size.

c) No reference to quality or grade of an ingredient shall appear in the ingredient statement of a feed.

d) The term "dehydrated" may precede the name of any product that has been artificially dried.

e) A single ingredient product defined by the Association of American Feed Control Officials, which is adopted in Section 10 of the Act, is not required to have an ingredient statement.

f) Tentative definitions for ingredients shall not be used until adopted as official by the Association of American Feed Control Officials, unless no official definition exists or the ingredient has a common accepted name that requires no definition (e.g. sugar).

g) When the word "iodized" is used in connection with a feed ingredient, the feed ingredient shall contain not less than 0.007% iodine, uniformly distributed.

History

• Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992

8 Ill. Adm. Code 200.60 Minerals (Repealed)

History

• Source: Repealed at 16 Ill. Reg. 15889, effective September 30, 1992

Chapter I Department of Agriculture

Subchapter d Feed

Part 200 Commercial Feed Act

8 Ill. Adm. Code 200.65 Directions for Use and Precautionary Statements

a) Directions for use and precautionary statements on the labeling of all commercial feeds and customer-formula feed containing additives (including drugs, special purpose additives, or non-nutritive additives) shall:

1. be adequate to enable safe and effective use for the intended purposes by users with no special knowledge of the purpose and use of such articles; and

2. include, but not be limited to, all information described by all applicable regulations under the Federal Food, Drug and Cosmetic Act as adopted in Section 10 of the Act.

b) Directions for use and precautionary statements are required for feeds containing non-protein nitrogen as specified in Section 200.75.

c) Directions for use and precautionary statements necessary for safe and effective use are required on commercial feeds distributed to supply particular dietary needs or for supplementing or fortifying the usual diet or ration with any vitamin, mineral, or other dietary nutrient or compound.

History

• Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992

8 Ill. Adm. Code 200.70 Urea (Repealed)

History

• Source: Repealed at 16 Ill. Reg. 15889, effective September 30, 1992

Chapter I Department of Agriculture

Subchapter d Feed

Part 200 Commercial Feed Act

8 Ill. Adm. Code 200.75 Non-Protein Nitrogen

a) Urea and other non-protein nitrogen products as defined in the Official Publication of the Association of American Feed Control Officials, which is adopted in Section 10 of the Act, are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein. If the commercial feed contains more than 8.75% of equivalent crude protein from all forms of non-protein nitrogen, added as such, or the equivalent crude protein from all forms of non-protein nitrogen, added as such, exceeds one-third of the total crude protein, the label shall bear directions for the safe use of feeds and a precautionary statement: "Caution: use as directed." The directions for use and the caution statement shall be in type of such size so placed on the label that they will be read and understood by ordinary persons under customary conditions of purchase and use.

b) Non-protein nitrogen as defined in the Official Publication of the Association of American Feed Control Officials, which is adopted in Section 10 of the Act, when so indicated, are acceptable ingredients in commercial feeds distributed to non-ruminant animals as a source of nutrients other than equivalent crude protein. The maximum equivalent crude protein from non-protein nitrogen sources when used in non-ruminant rations shall not exceed 1.25% of the total daily ration.

c) On labels such as those for medicated feeds which bear feeding directions or warning statements, the presence of added non-protein nitrogen shall not require a duplication of the feeding directions or the precautionary statements as long as those statements include information to ensure the safe and effective use of this product due to the presence of non-protein nitrogen.

History

• Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992

8 Ill. Adm. Code 200.80 Artificial Color (Repealed)

History

• Source: Repealed at 6 Ill. Reg. 14804, effective November 18, 1982

Chapter I Department of Agriculture

Subchapter d Feed

Part 200 Commercial Feed Act

8 Ill. Adm. Code 200.85 Drug and Feed Additives

a) Prior to approval of registration application or approval of a label for commercial feed which contain an additive (including drugs, other special purpose additives, or non-nutritive additives), the distributor shall be required to submit evidence to prove the safety and efficacy of the commercial feed when used according to the directions furnished on the label.

b) Satisfactory evidence of safety and efficacy of a commercial feed shall be:

1. when the commercial feed contains such additives, the use of which conforms to the requirements of the applicable regulation in the Code of Federal Regulations, Title 21, or which are "prior sanctioned", "informal review sanctioned" or "generally recognized as safe" for such use by the FDA, or

2. when the commercial feed is itself a drug as defined in Section 3(g) of the Act and is generally recognized as safe and effective for the labeled use or is marketed subject to an application approved by the Food and Drug Administration under Title 21 U.S.C. 360(b), or

3. when one of the purposes for feeding a commercial feed is to impart immunity (that is to act through some immunological process) the constituents imparting immunity have been approved for the purpose through the Federal Virus, Serum and Toxins Act of 1913, as amended, or

4. when the commercial feed is a direct fed microbial product and:

A) The product meets the particular fermentation product definition;

B) The microbial content statement, as expressed on the label, is limited to the following: "Contains a source of live (viable) naturally occurring microorganisms.";

C) The source is stated with a corresponding guarantee expressed in accordance with Section 200.45(g).

History

• Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992

8 Ill. Adm. Code 200.90 Registration of Commercial Feeds Containing Drugs, Artificial Color, Etc. (Repealed)

History

• Source: Repealed at 16 Ill. Reg. 15889, effective September 30, 1992

Chapter I Department of Agriculture

Subchapter d Feed

Part 200 Commercial Feed Act

8 Ill. Adm. Code 200.95 Adulterants

a) For the purpose of Section 7(a)(1) of the Act, the terms "poisonous or deleterious substances" include, but are not limited to, the following:

1. Fluorine and any mineral or mineral mixture which is to be used directly for the feeding of domestic animals and in which the fluorine exceeds 0.20% for breeding and dairy cattle; 0.30% for slaughter cattle; 0.30% for sheep; 0.35% for lambs; 0.45% for swine; and 0.60% for poultry.

2. Fluorine bearing ingredients when used in such amounts that they raise the fluorine content of the total ration (exclusive of roughage) above the following amounts: 0.004% for breeding and dairy cattle; 0.009% for slaughter cattle; 0.006% for sheep; 0.01% for lambs; 0.015% for swine; and 0.03% for poultry.

3. Fluorine bearing ingredients incorporated in any feed that is fed directly to cattle, sheep or goats consuming roughage (with or without) limited amount of grain, that results in a daily fluorine intake in excess of 50 milligrams of fluorine per 100 pounds of body weight.

4. Soybean meal, flakes or pellets or other vegetable meals, flakes or pellets which have been extracted with trichlorethylene or other chlorinate solvents.

5. Sulfur dioxide, sulfurous acid, and salts of sulfurous acid when used in or on feeds or feed ingredients which are reported to be a source of vitamin B1 (thiamine).

b) All screenings or by-products of grains and seeds containing weed seeds, when used in commercial feed or sold as such to the ultimate consumer, shall be ground fine enough or otherwise treated to destroy the viability of such weed seeds so that the finished product contains no viable prohibited weed seeds, not more than 4 viable restricted weed seeds per pound, and not more than 50 per pound of other weed seed. Prohibited and restricted weed seeds shall be those listed in 8 Ill. Adm. Code 230.20 and 230.30 of the rules adopted for the Illinois Seed Act.

History

• Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992

8 Ill. Adm. Code 200.100 Weed Seeds in Concentrated Commercial Feeding Stuffs (Repealed)

History

• Source: Repealed at 16 Ill. Reg. 15889, effective September 30, 1992

8 Ill. Adm. Code 200.110 Administrative Rules (Repealed)

History

• Source: Repealed at 16 Ill. Reg. 15889, effective September 30, 1992

Chapter I Department of Agriculture

Subchapter d Feed

Part 200 Commercial Feed Act

8 Ill. Adm. Code 200.120 Definitions

The definitions that appear in Section 200.15 shall apply to the provisions of this Subpart. In addition, the following terms are defined for the purposes of this Subpart:

"Immediate Container" means the unit, can, box, tin, bag, or other receptacle or covering in which a pet food is displayed for sale to retail purchasers, but does not include containers used as shipping containers.

"Information Panel" means the part of the label immediately contiguous and to the right of the principal display panel as prescribed in 21 CFR 501.2 (1992).

"Ingredient Statements" means a collective and contiguous listing on the label of the ingredients of which the pet food is composed.

"Principal Display Panel" means the part of a label that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail sale as prescribed in 21 CFR 501.1 (1992).

History

• Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992

8 Ill. Adm. Code 200.130 Label Format and Labeling

a) The statement of net content and product name shall be shown on the principal display panel. All other required information may be placed elsewhere on the label but shall be conspicuous as to render it easily read under ordinary conditions of purchase and sale.

b) The declaration of the net content shall be made in conformity with the Illinois Weights and Measures Act (Ill. Rev. Stat. 1991, ch. 147, par. 101 et seq.).

c) The information which is required to appear in the "Guaranteed Analysis" shall be listed in the following order:

1. Crude protein (Minimum Percent)

2. Crude fat (Minimum Percent)

3. Crude fiber (Maximum Percent)

4. Moisture (Maximum Percent)

5. Additional guarantees, if any, shall follow moisture.

d) The label of a pet food shall specify the name and address of the manufacturer, packer or distributor of the pet food.

e) If a person manufactures, packages, or distributes a pet food in a place other than the principal place of business, the label may state the principal place of business in lieu of the actual place where each package of such pet food was manufactured or packaged or is to be distributed, if such statement is not misleading in any particular.

f) A vignette, graphic, or pictorial representation of a product on a pet food label shall not misrepresent the contents of the package.

g) The use of the word "proven" in connection with label claims for a pet food is not permitted unless scientific or other empirical evidence establishing the claim represented as "proven" is available.

h) No statement shall appear upon the label of a pet food which makes false or misleading comparisons between that pet food and any other pet food.

i) Personal or commercial endorsements are permitted on pet food labels where said endorsements are factual and not otherwise misleading.

j) When a pet food is enclosed in any outer container or wrapper which is intended for retail sale, all required label information shall appear on such outside container or wrapper.

k) The words "Dog Food", "Cat Food", or similar designations shall appear conspicuously upon the principal display panel of the pet food label.

l) The label of a pet food shall not contain an unqualified representation or claim that the pet food is or meets the requisites of a complete, perfect, scientific or balanced ration for dogs or cats unless such product:

1. contains ingredients in quantities sufficient to provide the estimated nutrient requirements for all stages of the life of a dog or cat which have been determined by the AAFCO Pet Food Nutrient Profile, as adopted in Section 10 of the Act; or

2. contains a combination of ingredients which when fed to a normal animal as the only source of nourishment shall provide for fertility, gestation and lactation of females, normal growth from weaning to maturity without supplemental feeding, and will maintain the normal weight of an adult animal whether working or at rest and has had its capabilities demonstrated by testing.

m) Labels for products which are compounded for or which are suitable for only a limited purpose (i.e., a product designed for the feeding of puppies) may contain representations (e.g., "complete food for puppies") stating that the product meets the requisites of a complete, perfect, scientific or balanced ration for dogs or cats only if:

1. Such representations and the required qualification shall appear on the same panel and in the same size, style and color print; and

2. The pet food contains:

A) ingredients in quantities sufficient to satisfy the estimated nutrient requirements as determined by AAFCO and adopted in Section 10 of the Act; or

B) a combination of ingredients which when fed for such limited purpose shall satisfy the nutrient requirements for such limited purpose and has had its capabilities demonstrated by testing.

n) Except as specified by Section 200.140(a), the name of any ingredient which appears on the label, other than in the product name, shall not be given emphasis so as to create the impression that such an ingredient is present in the product in a larger amount than is the fact, shall constitute at least 3% of the total ingredients (exclusive of water sufficient for processing) when preceded by the designation "with" or like term, and shall be in the same size, style and color print. If the names of more than one such ingredient are shown, they shall appear in the order of their respective predominance by weight in the product.

o) The label of a dog or cat food, other than one prominently identified as a snack or treat as part of the designation required upon the principal display panel under subsection (k) of this Section shall bear, on either the principal display panel or the information panel in type of the same size as the largest type on the panel, a statement of the nutritional adequacy or purpose of the product. Such statement shall consist of one of the following:

1. A claim that the pet food meets or exceeds the requirements of one or more of the recognized categories of nutritional adequacy (i.e., gestation, lactation, growth, maintenance, and complete for all life stages) in accordance with subsection (l) and (m) of this Section.

2. A nutrition or dietary claim for purposes other than those listed in subsections (l) and (m) of this Section if the claim is scientifically substantiated.

3. The statement: "This product is intended for intermittent or supplemental feeding only," if a product does not meet either the requirements of subsections (l) and (m) of this Section or any other special nutritional or dietary need and so is suitable only for limited or intermittent or supplementary feeding.

4. The statement: "Use only as directed by your veterinarian", if it is pet food product intended for use by, or under the supervision or direction of, a veterinarian and shall make a statement in accordance with subsections (o)(1) or (o)(3) above.

p) The use of claims on pet food labels stating improvement or newness shall be substantiated by the manufacturer and limited to six months production. The use of claims stating preference or comparative attribute claims shall be substantiated by the manufacturer and limited to one (1) year production after which the claim must be removed or resubstantiated.

q) Dog and cat foods labeled as complete and balanced for any or all life's stages as provided in subsection (o)(1) above, except those pet foods labeled in accordance with subsection (o)(4) above, shall list feeding directions on the product label. These directions shall be expressed in common terms and shall appear prominently on the label. Feeding directions shall, at a minimum, state "Feed (weight/unit of product) per (weight unit) of dog (or cat)".

History

• Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992

8 Ill. Adm. Code 200.140 Brand and Product Names

a) No flavor designation shall be used on a pet food label unless the designated flavor is detectable by test methods, as adopted in Section 9 of the Act. Any flavor designation on a pet food label shall either conform to the name of its source as shown in the ingredient statement or the ingredient statement shall show the source of the flavor. The word flavor shall be printed in the same size type and with an equal degree of conspicuousness as the ingredient term(s) from which the flavor designation is derived. Distributors of pet food employing such flavor designation or claims on the labels of the product distributed by them, shall upon written request, supply verification of the designated or claimed flavor to the Director.

b) The designation "100%" or "All" or words of similar connotation shall not be used in the brand or product name of a pet food if it contains more than one ingredient. However, for the purpose of this provision, water sufficient for processing, decharacterizing agents and trace amounts of preservatives and condiments shall not be considered ingredients.

c) The term "meat" and "meat by-products" shall be qualified to designate the animal from which the meat and meat by-products are derived unless the meat and meat by-products are from cattle, swine, sheep or goats. For example, "horsemeat" and "horsemeat by-products."

d) The name of the pet food shall not be derived from one or more ingredients of a mixture of a pet food product unless all components or ingredients are included in the name except as specified by subsection (a), (e) or (f) of this Section; provided that the name of an ingredient or combination of ingredients may be used as a part of the product name if:

1. the ingredient or combination of ingredients is present in a quantity to impart a distinctive characteristic to the product;

2. it does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients; or

3. it is not otherwise false or misleading.

e) When an ingredient or a combination of ingredients derived from animals, poultry, or fish constitutes 95% or more of the total weight of all ingredients of a pet food mixture, the name or names of such ingredient(s) may form a part of the product name of the pet food; provided that where more than one ingredient is part of such product name, then all such ingredient names shall be in the same size, style, and color print. Water sufficient for processing shall be excluded when calculating the percentage of the named ingredient(s). However, such named ingredient(s) shall constitute at least 70% of the total product.

f) When an ingredient or a combination of ingredients constitutes at least 25% but less than 95% of the total weight of all ingredients of a dog or cat food mixture, the name or names of such ingredient or ingredients may form a part of the product name of the pet food if each of the ingredients constitutes at least 3% of the product weight excluding water used for processing and only if the product name also includes a primary descriptive term such as "dinner", "platter", or similar designation so that the product name describes the contents of the product so that the product name is not misleading. If the names of more than one such ingredient are shown, they shall appear in the order of their respective predominance by weight in the product. All such ingredient names and the primary descriptive term shall be in the same size, style and color print. For the purpose of this provision, water sufficient for processing shall be excluded when calculating the percentage of the named ingredient(s). However, such named ingredient(s) shall constitute at least 10% of the total product.

g) Contractions or coined names referring to ingredients shall not be used in the brand name of a pet food unless it is in compliance with subsection (a), (d), (e), or (f) above.

History

• Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992

8 Ill. Adm. Code 200.150 Expression of Guarantees

a) The sliding scale method of expressing a guaranteed analysis (for example, "protein 15-18%") is prohibited.

b) Pursuant to Section 5(a)(3) of the Act, the label of a pet food which is formulated as and represented to be a mineral supplement, shall include in the guaranteed analysis the minimum and maximum percentages of calcium, the minimum percentage of phosphorus and the minimum and maximum percentages of salt. The minimum content of all other essential nutrient elements recognized by the AAFCO Dog or Cat Food Nutrient Profile, as adopted in Section 10 of the Act, from sources declared in the ingredient statement shall be expressed as the element in units specified in the recognized nutrient profile.

c) The label of pet food which is formulated as and represented to be a vitamin supplement shall include a guarantee of the minimum content of each vitamin declared in the ingredient statement.

d) Vitamins guaranteed on pet foods shall be stated in International Units per kilogram (IU/kg) for vitamins A, D, and E. All other vitamins shall be stated in milligrams per kilogram (mg/kg) except vitamin B12 which may be guaranteed in micrograms per kilogram (mcg/kg).

e) The vitamin potency of pet food products distributed in containers smaller than 1 lb. may be guaranteed in International Units (IU) per kilogram of weight for vitamins A, D, and E. All other vitamins may be guaranteed in milligrams per kilogram of weight (mg/kg) except vitamin B12 which may be guaranteed in micrograms per kilogram (mcg/kg).

f) If the label of a pet food does not represent the pet food to be either a vitamin or a mineral supplement, but does include a table of comparison of a typical analysis of the vitamin, mineral, or nutrient content of the pet food with levels determined by the AAFCO, as adopted in Section 10 of the Act, the statement in a table of comparison of the vitamin, mineral, or nutrient content shall constitute a guarantee, but need not be repeated in the guaranteed analysis. Such table of comparison may appear on the label separate and apart from the guaranteed analysis.

g) The use of percentages or words of similar import when referring to nutrient levels established by the AAFCO Pet Food Nutrient Profile, as adopted in Section 10 of the Act, shall not be permitted on pet food labels, except that such direct comparisons in whole or part of the individual nutrient contents of a pet food with those recommended by the recognized nutrient profile may be made where the comparisons are expressed in the same quantitative units as those used by the cited nutrient profile and,

1. the product in question meets the nutrient profile determined by AAFCO, and

2. the comparison is preceded by a statement to that effect.

History

• Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992

8 Ill. Adm. Code 200.160 Ingredients

a) The maximum moisture in all pet foods shall be guaranteed and shall not exceed 78.00% or the natural moisture content of the constituent ingredients of the product, whichever is greater. Pet foods such as those consisting principally of stew, gravy, sauce, broth, juice or a milk replacer which are so labeled may contain moisture in excess of 78.00%.

b) Each ingredient of the pet food shall be listed in the ingredient statement, and names of all ingredients in the statement shall be shown in letters or type of the same size. The failure to list the ingredients of a pet food in descending order by their predominance by weight in non-quantitative terms shall be misleading. Any ingredient for which the AAFCO has established a name and definition shall be identified by the name so established. Any ingredient for which no name and definition has been so established shall be identified by the common or usual name of the ingredient. Brand or trade names shall not be used in the ingredient statement.

c) The term "dehydrated" may precede the name of any ingredient in the ingredient list that has been artificially dried.

d) No reference to quality or grade of an ingredient shall appear in the ingredient statement of a pet food.

e) No reference to the quality, nature, form, or other attribute of an ingredient shall be made unless such designation is accurate.

History

• Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992

8 Ill. Adm. Code 200.170 Drugs and Pet Food Additive

a) An artificial color may be used in a pet food only if it has been shown to be harmless to pets. The permanent or provisional listing of an artificial color in the United States Food and Drug Regulations, as adopted in Section 10 of the Act, as safe for use, together with the conditions, limitations, and tolerances, if any, incorporated therein, shall be deemed to be satisfactory evidence that the color is, when used pursuant to such regulations, harmless to pets.

b) Prior to approval of a registration application or approval of a label for pet food which contains additives (including drugs, other special purpose additives, or non-nutritive additives), the distributor shall submit evidence to prove the safety and efficacy of the pet food, when used according to directions furnished on the label. Satisfactory evidence of the safety and efficacy of a pet food may be:

1. when the pet food contains such additives, the use of which conforms to the requirements of the applicable regulations in the 21 CFR, or which are "prior sanctioned" or "generally recognized as safe" for such use, or

2. when the pet food itself is a drug as defined in Section 3(g) of the Act and is generally recognized as safe and effective or is marketed subject to an application approved by the Food and Drug Administration under 21 U.S.C. 360(b).

History

• Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992

8 Ill. Adm. Code 200.200 Payment of Inspection Fee

The inspection fee as set forth in Section 6 of the Act is to be paid on all registered commercial feed shipped into Illinois or distributed in Illinois by the person who first distributes the commercial feed, except the inspection fee is not required on the first distribution if made to exempt buyers who shall become responsible for the fee. Any person may request "exempt buyer" status from the Director by providing business information which indicates the person does 50% or more business as an interstate distributor or central buyer. The Director shall grant exempt buyer status to persons doing 50% or more business as interstate distributors or central buyers. A list of "exempted buyers" may be obtained from the Director.

History

• Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992

8 Ill. Adm. Code 200.210 Firm License

Any person who manufactures feed in this State or whose name appears on the label shall register on forms furnished by the Department. The following information is required: the complete firm name, complete address of home office, phone number, and list of any and all additional facilities giving complete address of same which are operated under the same firm name and are registered under one firm license in the State of Illinois. A facility operating under a name different from the home office is required to obtain a separate firm license.

History

• Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992

8 Ill. Adm. Code 200.220 Administrative Rules

All decisions and actions of the Department are subject to the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1-1001 et seq.) and the Department's Administrative Rules (8 Ill. Adm. Code 1) which pertain to administrative proceedings, administrative hearings, contested cases, petitions, and public disclosure of files.

History

• Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992

Subchapter e Fertilizers

Part 210 Illinois Fertilizer Act of 1961

8 Ill. Adm. Code 210.10 Labeling

a) The information required to be supplied on the label by Section 5 of the Act shall be stated in a definite and uniform manner; for example, such methods of expressing guaranteed analysis, such as "Potash 50-60%" or "Potash 50% or better," etc. are prohibited.

b) No advertising matter of any kind shall be printed on the label portion.

c) Each individual package of fertilizer must be labeled stating the contents. Such label may be either stenciled or printed on the bag or package or on a tag attached thereto.

d) Net weight must be definite and stated as "Net Weight...". No additional wording such as "when packed" shall affect the weight as stated on the label.

History

• Source: Amended at 6 Ill. Reg. 14810, effective November 18, 1982

8 Ill. Adm. Code 210.20 Plant Food

All packages of plant food, regardless of the size of container or the manner of packaging, whether dry or liquid, are subject to the provisions of the Act and must be registered, contain a guaranteed analysis and be labeled as provided for in the Act and these Rules.

History

• Source: Amended at 6 Ill. Reg. 14810, effective November 18, 1982

8 Ill. Adm. Code 210.30 Boron in Fertilizers

a) When any compound of water soluble boron is added that would bring the boron content up to 0.03% or more in a registered grade of fertilizer, the product will not require additional registration but a guaranteed analysis is required for the boron, as well as a guaranteed analysis of any plant food elements. The label shall carry the word "WARNING" in letters at least ¾ inch in height. The warning shall state some crops may be injured by application of boron. For bulk fertilizers, the warning statement must be placed on the invoice or other document which shall accompany delivery and be supplied to the purchaser at the time of delivery as provided in Section 5, Paragraph (b) of the Act.

b) The brand name shall include the word "Boron" or the name of the boron carrier on the label (for example, "borax"). The brand name or the name of the boron carrier shall be printed in the same size and type and appear as prominently in the labeling as the numerals. The equivalent amount of borax per 100 pounds MUST be included in the brand name.

c) The guaranteed analysis, besides nitrogen, available phosphoric acid, and soluble potash, must include the percentage of boron as the element.

History

• Source: Amended at 6 Ill. Reg. 14810, effective November 18, 1982

8 Ill. Adm. Code 210.40 Pesticides in Fertilizers

When an insecticide, herbicide, or any other additive for pest control is added to a registered fertilizer, the product will not require additional registration but a guaranteed analysis with respect to the kind and percentage of each of these additives, as well as any plant food elements shall appear on the label. In a prominent manner, a tag or statement shall be attached to or printed on the bag or container, and in the case of bulk fertilizers, the information shall be placed on the invoice or other document which shall accompany delivery. The requirements of the United States Environmental Protection Agency concerning the labeling of pesticides (7 U.S.C. 136; 9/30/78 and 40 CFR 162.10; 2/9/78) shall also appear on the label or on the invoice. The regular "POISON" label must be on the label when the pesticide used is poisonous.

History

• Source: Amended at 6 Ill. Reg. 14810, effective November 18, 1982

8 Ill. Adm. Code 210.50 Methods of Sampling and Analysis

The methods of sampling and analysis shall be the official methods of the Association of Official Agricultural Chemists.

8 Ill. Adm. Code 210.60 Additional Plant Food Elements Besides Nitrogen, Phosphorus and Potassium; Registration; Guaranteed Analysis

a) Additional plant nutrients, besides nitrogen, phosphorus and potassium, when mentioned or claimed on the label or container shall be registered and shall be guaranteed in the analysis. Analysis guarantees shall be made on the elemental basis. The guaranteed analysis of elements shall be shown on the application for registration. When claims for such nutrients are made on the label, container, or application for registration, the minimum percentages which will be accepted for registration are as follows:

ELEMENT

%

Calcium (Ca)

1.00

Magnesium (Mg)

0.50

Sulfur (S)

1.00

Boron (B)

0.02

Chlorine (Cl)

0.10

Cobalt (Co)

0.0005

Copper (Cu)

0.05

Iron (Fe)

0.10

Manganese (Mn)

0.05

Molybdenum (Mo)

0.0005

Sodium (Na)

0.10

Zinc (Zn)

0.05

b) Guaranteed analysis or claims for the above listed additional plant nutrients are the only ones which will be accepted. Proposed labels and directions for use of the fertilizer shall be furnished with the application for registration upon request.

c) Warning or caution statements are required on the label for any product which contains 0.03% or more of boron in a water-soluble form or 0.001% or more of molybdenum.

d) Any of the elements listed in 8 Ill. Adm. Code 210.60(a) which are guaranteed shall appear in the order listed, immediately following the guaranteed analysis for the primary nutrients, nitrogen, phosphorus and potassium.

e) An element is considered "available" if the form in which it is added to the product has been shown to give plant responses or if the element can be dissolved from the product in water or in some other solvent which is recognized to indicate availability to plants.

f) When 0.001% or more of molybdenum is added to an agricultural fertilizer, the purchaser is to receive a caution statement as follows:

"CAUTION: This fertilizer is to be used only on soils which respond to molybdenum. Crops high in molybdenum are toxic to ruminants."

History

• Source: Amended at 6 Ill. Reg. 14810, effective November 18, 1982

8 Ill. Adm. Code 210.70 Registration and Reporting Requirements; Manufacturers of Bagged Fertilizers, Bulk Grades, and Single Ingredient Products

a) Manufacturers of bagged fertilizers, bulk grades, either dry or liquid, and single ingredient products which are designed exclusively for direct application and persons who sell or offer for sale fertilizer are required to:

1. Apply for registration of same.

2. Report sales in accordance with Section 12 of the Act.

3. Semi-annually report to the Director and pay the required inspection fee in accordance with Section 6 of the Act.

b) Manufacturers who exercise their right of free exchange in accordance with Section 20 of the Act are not to report or pay inspection fee on such material.

c) Invoices as to registered Custom Mixers shall bear information to the registrant that related materials are not reported and State of Illinois Inspection Fees are not paid. Any person receiving and distributing Custom Mix fertilizer shall:

1. Register annually with the Department and pay the required fee.

2. Report sales in accordance with Section 12 of the Act.

3. Semi-annually report to the Director and pay the required inspection fee in accordance with Section 6 of the Act.

d) No credit will be allowed to be taken for sales reported on the Semi-Annual Report.

8 Ill. Adm. Code 210.80 Custom Mixers Registration

a) Custom Mixers operating more than one site shall register on forms furnished by the Director, the complete firm name, complete address of home office and list any and all additional custom mix locations giving complete address of same which are operated under the same firm name and are operated under one Custom Mixer registration in the State of Illinois.

b) A copy of all registered Custom Mixers shall be supplied to all basic fertilizer manufacturers doing business in Illinois on March 1 of each year and supplements added each 30 days as new registrations are issued.

8 Ill. Adm. Code 210.90 Storage Identification

All bins used for the storage of fertilizers and fertilizer materials shall be labeled in letters not less than 2 inches high showing the analysis of the grade or materials.

8 Ill. Adm. Code 210.100 Administrative Hearings

All decisions and actions of the Department are subject to the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1001-1 et seq.) and the Department's Administrative Rules (8 Ill. Adm. Code 1) which pertain to administrative proceedings, administrative hearings, contested cases, petitions, declaratory rulings and public disclosure of files.

History

• Source: Added at 6 Ill. Reg. 14810, effective November 18, 1982

Part 211 Soil Amendments

8 Ill. Adm. Code 211.10 Registration

a) Each separately identified product shall be registered before being distributed in this State. The application for registration shall be submitted to the Department on the form furnished by the Director and shall be accompanied by a non-refundable fee of $250 per product. Each person who registers a soil amendment shall submit to the Department a copy of labels and advertising literature with the registration request for each soil amendment. The Department shall require the applicant to make affirmative label and advertising disclosures if, in the absence of the disclosures, the Department determines that the label or advertising of a soil amendment is deceptive or misleading.

b) A distributor shall not be required to register any brand of soil amendment which is already registered under this Act by another person, providing the label does not differ in any respect.

c) If the Department finds that the applicant has fulfilled the requirements of Section 211.10, 211.20 and 211.40 of this Part and Sections 15 and 20 of the Soil Amendment Act (P.A. 87-0394, effective September 10, 1991), a registration shall be issued.

d) If the Department finds that the applicant has failed to fulfill the requirements of Section 211.10, 211.20 and 211.40 of this Part and Sections 15 and 20 of the Soil Amendment Act, or the soil amendment is in violation of Sections 25 and 35 of the Act, the Department shall issue a notice of denial or cancellation of the registration.

e) Any person who wishes to change the active ingredient contents or the recommended amount or frequency of application of a soil amendment for which the person has received a registration shall apply to the Department for an amended registration.

f) Any person who wishes to revise the label of a soil amendment for which the person has received registration shall file the revised label with the Department prior to distributing the soil amendment bearing the revised label.

g) No person who has been issued a registration or amended registration shall:

1. Transfer the registration or amended registration to another person.

2. Distribute or promote the distribution of the soil amendment using any performance, use or efficacy claim which exceeds that allowed by registration or amended registration or which is inconsistent with the approved product label.

h) Issuance of registration or amended registration is neither an endorsement nor a warranty by the Department.

8 Ill. Adm. Code 211.20 Substantiation Requirements

As a condition to the issuance of a registration or amended registration the Department shall require that the applicant substantiate by scientific evidence:

a) The efficacy and usefulness of the soil amendment if applied in this State at the amount and frequency recommended by the applicant.

b) The truthfulness of any statement made on the proposed soil amendment label or in a registration or amended registration application.

c) The Department shall require that the substantiation include replicable results of controlled experimental studies using the soil amendment, the names and qualifications of the researchers performing the studies and a complete description of the conditions and additional information concerning procedures of the studies.

d) The Department may request assistance from any source in evaluating any substantiating evidence.

8 Ill. Adm. Code 211.30 Reports and Records

a) Every person who registers a soil amendment in this State shall file with the Department on forms furnished by the Department semi-annual statements for periods ending June 30 and December 31 setting forth the number of tons of each soil amendment distributed in the State during such semi-annual period.

b) When more than one registrant is involved in the distribution of a soil amendment product, the last registrant who distributes to a non-registrant (e.g., dealer or consumer) is responsible for reporting the tonnage, unless the reporting has been made by a prior registrant of the soil amendment product. Tonnage reports shall be filed within 30 days following each semi-annual period.

c) Persons responsible for tonnage reporting shall maintain the distribution records upon which the tonnage report is based for a period of 2 years following the date the tonnage report was filed. Such records shall be available for inspection, copying and audit by the Department in accordance with Section 30 of the Soil Amendment Act.

8 Ill. Adm. Code 211.40 Label Requirements

a) Soil amendments containing active or inert ingredients shall be labeled as follows:

1. The soil amendment label shall contain the information required by Section 20 (a) of the Soil Amendment Act.

2. The name and percentage by weight of each active ingredient, listed under the heading "ACTIVE INGREDIENTS". For microbiological products, the statement of active ingredients shall state the number and kind of viable microorganisms per milliliter of liquid product, or per gram of nonliquid product.

3. The genus of each microbiological product shall be stated. If identifiable and the product's benefits are unique to the species, a microbiological product's species shall also be stated.

4. The name and percentage by weight of each inert ingredient listed under the heading "INERT INGREDIENTS".

b) Soil amendment-fertilizer combinations shall be labeled in accordance with both the Soil Amendment Act and the Illinois Fertilizer Act of 1961 (Ill. Rev. Stat. 1991, ch. 5, par. 55.1 et seq.) and the rules of this Part and 8 Ill. Adm. Code 210.

c) Except for microbiological products, each active or inert ingredient's common name, if any, and chemical name shall be stated as listed in The Merck Index, Tenth Edition, 1983, published by Merck & Co., Inc., Rahway, New Jersey 07065. This incorporation by reference shall not include any later amendments or additions.

8 Ill. Adm. Code 211.50 Deficient Analysis and Penalties

a) If the official analysis shows that any soil amendment falls short of the guaranteed analysis in any one soil amendment ingredient or in total soil amendment ingredients, a penalty shall be assessed in accordance with the following provisions:

1. A penalty of three times the value of the deficiency if such deficiency in any one soil amending ingredient is more than:

A) 20% of the guarantee on any one soil amendment in which the soil amending ingredient is guaranteed up to and including 20%.

B) 4% under guarantee on any one soil amendment in which the soil amending ingredient is guaranteed 20.1% and above.

2. A penalty of three times the value of the total soil amending ingredient deficiency shall be assessed when such total deficiency is more than 2% under the calculated total soil amending ingredient guarantee.

3. When a soil amendment is subject to penalties under both subsections (a)(1) and (a)(2) of this Section, only the larger penalty shall be assessed.

b) All penalties assessed under this Section shall be due and payable to the Department within thirty days after the date of written notice from the Director to the registrant. The Department shall deposit the amount of the penalty in the General Revenue Fund.

c) For the purpose of determining commercial values to be applied under the provisions of this Section, the Department shall determine from the registrant's sales invoice the values charged for the soil amending ingredients. If no invoice is available or if the invoice fails to provide sufficient information, the Department shall use comparable products to determine values. The values so determined shall be used in determining and assessing penalties.

d) The methods of analysis and sampling shall be those as set forth by the Association of Official Analytical Chemists, 15th Edition − 1990, Suite 400, 2200 Wilson Boulevard, Arlington, Virginia 22201-3301. This incorporation by reference shall not include any later amendments or additions.

8 Ill. Adm. Code 211.60 Exempted Products

a) Composted or dried manures, mulches intended as a soil cover, potting soils, peat moss, sand, tree bark, wood shavings, vermiculite and mixes of these products are exempt from the soil amendment registration and requirements if these ingredients are prominently stated on the label and no claims of benefits deriving from use of the product are made other than loosening the soil.

b) Adjuvants designed, labeled and promoted for improving the mixing, handling or application of fertilizers or pesticides are exempt from the soil amendment registration requirements of this Part if no statements of benefit are made beyond a precautionary label statement that the adjuvant may increase the fertilizer or pesticidal activity of products applied with it.

8 Ill. Adm. Code 211.70 Adulteration

a) A soil amendment is adulterated if it contains weed seed or unwanted crop seed. Weed seeds shall be those as determined by the Association of Official Seed Analysts in Rules for Testing Seeds 1988, P.O. Box 27647, 216 West Jones Street, Raleigh, North Carolina 27611. This incorporation by reference shall not include any later amendments or additions.

b) Unwanted crop seeds shall be any crop seed other than the crop that is being planted.

c) Noxious weeds shall be those identified as such in the Rules for the Illinois Seed Law (8 Ill. Adm. Code 230.20 and 230.30).

8 Ill. Adm. Code 211.80 Administrative Hearings

Persons adversely affected by Department action may request an administrative hearing to review such action, provided that a request for review is filed within 30 days after notification of Department action. All decisions and actions of the Department are subject to the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) and the Department's Administrative Rules (8 Ill. Adm. Code 1) which pertain to administrative proceedings, administrative hearings, contested cases, petitions, and public disclosure of files.

8 Ill. Adm. Code 215.10 Scope

a) This standard is intended to apply to the design, construction, repair, alteration, location, installation and operation of agricultural anhydrous ammonia systems, including refrigerated ammonia storage systems, noncommercial (including on-farm) storage and handling systems, and ethanol plants.

b) This standard does not apply to:

1. any facility manufacturing anhydrous ammonia and associated storage vessels on site;

2. refrigeration systems where ammonia is used solely as a refrigerant;

3. ammonia transportation pipelines;

4. ammonia barges and tankers; and

5. anhydrous ammonia used in power generation plants.

c) Railroad car tanks permanently mounted and used for the storage of anhydrous ammonia shall be removed from service no later than December 1, 2025.

d) Compliance with the requirements of this Subpart shall be achieved through repairs and modifications on or before December 31, 2020.

e) Any storage vessel that does not have a legible data plate or supporting documentation of the information on the data plate shall be removed from service if it is decommissioned from the current site.

History

• Source: Amended at 40 Ill. Reg. 8704, effective July 1, 2016

Chapter I Department of Agriculture

Subchapter e Fertilizers

Part 215 Anhydrous Ammonia, Low Pressure Nitrogen Solutions, Equipment, Containers, and Storage Facilities

8 Ill. Adm. Code 215.15 Definitions

"Actuation device" means a mechanical device that is manually activated to cause the closing of emergency shutoff valves or internal valves stopping the flow of the product in the system.

"Alteration" means a change in any item described in the original manufacturer's data report that affects the pressure-containing capability of the container. Rerating a container by increasing maximum allowable working pressure or by increasing or decreasing allowable working temperature shall be considered an alteration.

"Ammonia or anhydrous ammonia" means the compound formed by the chemical combination of the elements nitrogen and hydrogen in the molar proportion of one part nitrogen to three parts hydrogen. This relationship is shown by the chemical formula, NH3. On a weight basis, the ratio is 14 parts nitrogen to three parts hydrogen or approximately 82% nitrogen to 18% hydrogen. Ammonia may exist in either gaseous, liquid or solid state. It is not to be confused with aqua ammonia (ammonium hydroxide), which is a solution of ammonia in water.

"Approved" means listed by a recognized testing laboratory, recommended by the manufacturer as suitable for use with anhydrous ammonia and so marked or documented, or accepted by the authority having jurisdiction.

"Appurtenance" refers to all devices such as pressure relief devices, liquid level gauging devices, valves, pressure gauges, pressure regulators, fittings, metering or devices designed to be attached to an ammonia container.

"Back check" means a device that allows liquid or vapor in the vessel, equipment or systems to flow in only one direction.

"Capacity" means the total volume of the container measured in standard U.S. gallons unless otherwise specified.

"Cargo tank" is a bulk packaging that is:

a tank intended primarily for the carriage of liquids or gases and includes appurtenances, reinforcements, fittings and closures;

permanently attached to or forms a part of a motor vehicle, or is not permanently attached to a motor vehicle but, by reason of its size, construction or attachment to a motor vehicle, is loaded or unloaded without being removed from the motor vehicle; and

not fabricated under a specification for cylinders, portable tanks, tank cars or multi-unit tank car tanks.

"Cargo tank motor vehicle" means a motor vehicle with one or more cargo tanks permanently attached to or forming an integral part of the motor vehicle.

"Certified competent attendant" means a competent attendant who has successfully completed Certified Competent Attendant Training.

"Certified grower" means a grower or grower farm operator who has successfully completed Certified Grower Training.

"Certified welder" means any welder who is employed by a company that holds an R stamp certificate of authentication.

"Chemical splash goggles" or "goggles" means flexible fitting chemical-protective goggles with a hooded indirect ventilation system to provide primary protection of the eyes and eye sockets from the splash of hazardous liquids. Direct vented goggles do not comply with this definition.

"Commercial" means buying and selling anhydrous ammonia and/or selling the associated services for compensation.

"Competent attendant" means an individual at a commercial or noncommercial site required to handle, transfer or transport anhydrous ammonia, or otherwise maintain anhydrous ammonia equipment. The term includes an individual at a commercial or noncommercial site who makes or breaks connections on anhydrous ammonia equipment while loading or unloading anhydrous ammonia. The term also includes custom applicators.

"Container" means all tanks, except cylinders, as defined in Section 215.15, used for the transportation or storage of anhydrous ammonia.

"Custom Applicator" means an individual who applies anhydrous ammonia as an employee of a company supplying the product or operators for hire.

"Cylinder" means a pressure vessel designed for pressures higher than 40 psig and having a circular cross-section. It does not include a portable tank, multi-unit tank car tank, cargo tank or tank car.

"Decommission" means to stop using a pressurized vessel and remove it from service.

"Department" means the Illinois Department of Agriculture, State Fairgrounds, P.O. Box 19281, Springfield IL 62794.

"Design pressure" is identical to the term "Maximum Allowable Working Pressure" used in the ASME Code.

"Emergency shower" means a shower unit permanently connected to a source of clean water that enables the user to have water cascading over the entire body.

"Emergency shutoff valve" or "ESV" means a shutoff valve incorporating a manual means of closure. All approved ESVs shall incorporate a reliable actuation system that will close all of the emergency shutoff valves and/or internal valves of the piping system on the first attempt in the event of an emergency or of testing from a remote location. An emergency shutoff valve shall remain closed except during periods of operation.

"Excess flow valve" means a valve that is designed to close automatically at the rated flow of vapor or liquid as specified by the manufacturer. The piping, including valves, fittings and hose, being protected by an excess flow valve shall have a greater capacity than the rated flow of the protected valve, so the valve will likely close in case of failure of the delivery system at any point in the line or fittings.

"Eye wash unit" means a device used to irrigate and flush the eyes with clean water. Depending upon the requirements set forth in this standard, the device may be a plumbed unit permanently connected to a source of clean water, or it may be a self-contained unit not permanently installed that must be refilled or replaced after use.

"Filling density" means the percent ratio of the weight of the ammonia permitted in a container to the weight of water at 60°F (15.6°C) that the container will hold when full. One pound of water = 27.74 cubic inches (455 ml) at 60°F (15.6°C). For determining the water capacity of the tank in pounds, the weight of one gallon (231 cubic inches) (3.785 L) of water at 60°F (15.6°C) in air shall be 8.328 lb (3.778 kg).

"Grower" means any individual who produces an agricultural commodity on property he or she owns or controls.

"Grower farm operator" means an individual employed by or otherwise authorized by a grower to transport or apply anhydrous ammonia, or to otherwise maintain anhydrous ammonia equipment. These individuals include grower family members, full- and part-time hired help, and others providing anhydrous ammonia services at no fee.

"Hitching point" means the point where a mechanical connection is made between the nurse tank and the tool bar, towing vehicle or another nurse tank.

"Hydrostatic relief valve" means a pressure relief device for liquid service designed to prevent excessive pressure due to thermal expansion when a pipe or hose is filled with liquid such as between block valves or blinds.

"Immediately Dangerous to Life or Health" or "IDLH" means the maximum concentration from which unprotected persons are able to escape within 30 minutes without escape-impairing symptoms or irreversible health effects. The IDLH for ammonia is 300 ppm by volume in accordance with the NIOSH Pocket Guide to Chemical Hazards.

"Implement of husbandry", for the purpose of this Part, means a system that includes a nurse tank with a capacity of 3000 gallons or less or an application device used for transporting and/or applying anhydrous ammonia exclusively for agricultural purposes.

"Institutional occupancy" means a location where people may be unable to vacate voluntarily and shall be deemed to include nursing homes, hospitals, jails and schools.

"Internal valve" means a storage container primary shutoff valve that can be closed remotely and incorporates an internal excess flow valve with the seat and seat disc located within the container in a manner to remain in place in the event of external damage to the valve and/or associated piping. An internal valve shall incorporate a reliable actuation system that will close all of the emergency shutoff valves and/or internal valves of the piping system on the first attempt in the event of an emergency or of testing from a remote location. An emergency valve shall remain closed except during periods of operation.

"Load" or "loading" means the transfer of anhydrous ammonia, at a commercial facility or noncommercial facility, from facility storage to transportation equipment, application equipment or field nursing transportation equipment.

"Material suitable for use" includes iron, steel and certain non-ferrous alloys that are compatible for use in anhydrous ammonia service. Copper, brass, zinc and certain alloys, especially those containing copper, are not suitable for anhydrous ammonia service.

"Mechanical secure point" means a connection point affixed to the nurse tank or running gear for the attachment of the nurse tank hoses. The mechanically secure point provides resistance allowing the breakaway coupler to operate in the event of detachment of the nurse tank from the towing implement.

"New facility" means an approved location or a facility that has not been previously approved for the storage and handling of anhydrous ammonia.

"Temporary Certified Competent Attendant" means a person who has successfully completed a Department approved online training course and received a certificate of completion. The certificate will expire on July 15 or December 31 as indicated on the certificate and cannot be repeated or renewed.

"Noncommercial facility" means a site, including the land and structures, and the equipment fixed on the land and structures, designed and used for the storage and handling of anhydrous ammonia used in the associated not-for-hire operations.

"Nonmobile" means not readily capable of moving or being moved from place to place.

"Permanent storage installation" means a system employing a stationary (fixed) container used exclusively for storage or supply.

"Personal protective equipment" means adequate clothing and equipment used to ensure personal safety in the workplace.

"Positive pressure self-contaminated breathing apparatus" or "SCBA" means a full face piece respirator approved by NIOSH/MSHA for respiratory protection for both entry into or escape from oxygen-deficient atmospheres or a concentration of gases or vapors that are immediately dangerous to life or health in which the supply of air is carried by the wearer. The air pressure inside the face piece is positive in relation to the air pressure of the outside atmosphere during exhalation and inhalation.

"Pressure relief valve" is a device designed to open to prevent an increase in internal vapor pressure in the container in excess of a specified value due to an emergency or abnormal condition and to close and prevent further flow after normal conditions have been restored.

"Private assembly" means a location where people gather together but is not generally open to the public.

"Protective gloves, boots and suits" are items made of rubber or other material impervious to ammonia. Gloves refer to gauntlet-style of sufficient length to allow for cuffing and that provide thermal protection suitable for ammonia exposure.

"psia" means pounds per square inch absolute.

"psig" means pounds per square inch gauge.

"Public assembly" is a location that includes, but is not limited to, churches, manufacturing companies, cemeteries currently in operation, land managed for recreational or conservation purposes, museums, camps, parks, retail and wholesale facilities, and shopping centers. Examples of public assembly include places that operate less than 52 weeks per year, such as businesses or other places that experience seasonal shutdowns and parks, camps and recreational areas that experience seasonal shutdowns or reduced attendance during a portion of the calendar year, provided that these places are frequented by at least 50 persons at least once per week during the portions of the year when seasonal shutdowns or reductions in attendance do not occur. "Reinstallation" means the removal of a storage vessel from the originally approved site to a different site.

"Repair" means the work necessary to restore a container, cylinder or system to a safe and satisfactory operating condition provided there is, in all cases, no deviation from the original design. Repairs include the addition or replacement of pressure or nonpressure parts that do not change the design temperature or pressure of the container, cylinder or system.

"Reportable quantity" or "RQ" means the federal RQ (Reportable Quantity) for an anhydrous ammonia release, which is 100 lb. (45 kg) or 18 gallons (68 litres).

"Respirator" means an air-purifying device with full face piece and either chin-style or front- or back-mounted canisters with associated connections approved by NIOSH for use in ammonia contaminated atmosphere in compliance with 29 CFR 1910.134 and selected in accordance with ANSI Z88.2. A respirator of the air-purifying type must be used only in an atmosphere containing 19.5% to 22.0% oxygen by volume.

"Responsible party" means the individual, partnership, corporation or association in control of the anhydrous ammonia at the time of an accident or incident involving an RQ release.

"System" means an assembly of equipment consisting essentially of the containers, hoses, appurtenances, pumps, compressors and interconnecting piping.

"Tank" means a vessel designed and constructed for the storage and handling of anhydrous ammonia.

"Tool bar" means an implement of husbandry for the field application of ammonia that is used in conjunction with nurse tanks. For purposes of this definition, chisel plows, field cultivators or other conventional tillage equipment that has been manufactured or retrofitted with any ammonia valves, gauges, hoses, application knives, metering devices, safety devices or tool bar refrigeration units for the purpose of ammonia application are considered to be tool bars.

"Tool bar breakaway device" means a self-closing device designed to disconnect anhydrous ammonia hoses upon detachment from the nurse tanks.

"Tool bar refrigeration unit" means a unitized system of ammonia pipe, valves and gauges, with ammonia monitoring, handling, metering and manifold-dispensing devices that are used to process pressurized ammonia into refrigerated ammonia for more accurate metering and distribution during field application.

"Unload" or "unloading" means the transfer of anhydrous ammonia at commercial or noncommercial facilities from the transport vehicle into facility storage.

"UN 1005" means the placard number assigned to anhydrous ammonia by the United Nations Committee of Experts on the Transportation of Dangerous Goods.

"Wet hose" is an anhydrous hose with shutoff valves at each end that is capable of containing liquid product at all times.

History

• Source: Amended at 44 Ill. Reg. 18281, effective October 29, 2020

8 Ill. Adm. Code 215.16 Incorporated and Referenced Materials

a) The following regulations and standards are incorporated in this Part:

1. Private and Professional Association Standards

A) The American National Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New York NY 10036

ANSI Z88.2 Practices for Respiratory Protection (2015)

B) The American Petroleum Institute (API or API-ASME), 15 Inverness Way East, Englewood CO 80112

i) Code for Unfired Pressure Vessels for Petroleum Liquids and Gases of the American Petroleum Institute and the American Society of Mechanical Engineers (API-ASME) (sometimes known as the API-ASME Code) (The API-ASME Code, as a joint publication and interpretation service, was discontinued after 1956, and construction of containers to the API-ASME Code has not been authorized since 1961.)

ii) API 510 – Pressure Vessel Inspection Code: In-Service Inspection, Rating, Repair and Alteration (2014) (After discontinuance of the API-ASME Code (see subsection (a)(1)(B)(i)), a need was seen to assure uniform maintenance and inspection practices continued, which led to the issuance of API 510 beginning in 1958 (available as stated in subsection (a)(1)(B)(i)).)

iii) The Unfired Pressure Vessel Code of the American Society of Mechanical Engineers (Sec. VIII of the ASME Boiler Construction Code), including editions through 1981, or the Joint Code of the American Petroleum Institute and the American Society of Mechanical Engineers (API-ASME Code), including editions through 1981

iv) API 12-C – Specification for Welded Oil Storage Tanks (1958)

v) API Standard 620 (2013) (including addendum 1, 2014), Design and Construction of Large, Welded, Low-Pressure Storage Tanks (including Tables 2.02, R.2.2, R.2.3 or R.2.4 and Appendix R)

C) The American Society of Agricultural and Biological Engineers (ASABE/ASAE), 2950 Niles Road, St. Joseph MI 49085

i) ASABE/ASAE S276.5 (2003)

ii) ASABE/ASAE S338.2 (2006) Field Equipment for Agriculture-Safety Chain for Towed Equipment

D) The American Society of Mechanical Engineers (ASME), Two Park Avenue, New York NY 10016-5990

i) ASME B31.3 Process Piping (2014)

ii) ASME B31.5 Refrigeration Piping and Heat Transfer Components (2013)

iii) U-68 and U-69 ASME Code Containers refer to the ASME Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers (1949), Section VIII, paragraphs U-68 and U-69

iv) UG-125 through UG-136 refer to the ASME Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers (1949), Section VIII, Division 1, paragraphs UG-125 through UG-136

v) U-200 or U-201 refers to the ASME Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers (1949), Section VIII, paragraphs U-200 or U-201

vi) UW-12 is a table in Section VIII, Division 1, of ASME BPBC – viii-1 (2015)

E) American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, PO Box C700, West Conshohocken PA 19428-2959

i) ASTM A47 – Standard Specification for Ferritic Malleable Iron Castings (2014)

ii) ASTM A53 – Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless (2012)

iii) ASTM A395 – Standard Specification for Ferritic Ductile Iron Pressure-Retaining Castings for Use at Elevated Temperatures (2014)

iv) Section IX, Welding Qualifications refers to the ASME Boiler and Pressure Vessel Code, IX, Qualification Standard for Welding and Brazing Procedures, Welders, Brazers, and Welding and Brazing Operators, Welding and Brazing Qualifications (2010)

F) The Association for Rubber Product Manufacturers (ARPM), 7321 Shadeland Station Way, Suite 285, Indianapolis IN 46256

ARPM IP-14, Specifications for Anhydrous Ammonia Hose (2003, reaffirmed 2009)

G) The Compressed Gas Association (CGA), 14501 George Carter Way, Suite 103, Chantilly VA 20151

i) CGA G-2 – Anhydrous Ammonia (1995)

ii) CGA G-2.1 – Safety Requirements for the Storage and Handling of Anhydrous Ammonia (2014)

iii) CGA P-7 – Standard for Requalification of Cargo Tank Hose Used in the Transfer of Carbon Dioxide Refrigerated Liquid (2007)

H) The National Board of Boiler and Pressure Vessel Inspectors (NBBI), 1055 Crupper Avenue, Columbus OH 43229-1183

National Board Inspection Code (2015)

I) The National Fire Protection Association (NFPA), 25 West 43rd Street, 4th Floor, New York NY 10036

NFPA 70: National Electrical Code (2014)

J) The Underwriters Laboratory (UL), 47173 Benicia Street, Fremont CA 94538

UL-132, Standard on Safety Relief Valves for Anhydrous Ammonia and LP Gas (2015)

2. Federal Regulations

A) 29 CFR 1910.134 (2016)

B) 49 CFR 105-180 (2015)

i) subchapter A, sections 105-110, Hazardous Materials and Oil Transportation

ii) subchapter B, section 130, Oil Transportation

iii) subchapter C, sections 171-180, Hazardous Materials Regulations

● 49 CFR 173.315(m)(1)(v) (2015) Compressed gases in cargo tanks and portable tanks

● 49 CFR 177.834(a) through (j) (2016), Loading and unloading

● 49 CFR 177. 840 (2015), Class 2 (gasses) materials

3. Federal Government Publications

The National Institute for Occupational Safety and Health (NIOSH), NIOSH Pocket Guide to Chemical Hazards, GPO stock number 017-033-00500-1, available from the Government Printing Office, Washington DC 20402-9325

Enforcement Response Policy For Sections 302, 304, 311 and 312 of the Emergency Planning and Community Right-to-Know Act and Section 103 of the Comprehensive Environmental Response, Compensation and Liability Act, available from the Office of Regulatory Enforcement, Office of Enforcement and Compliance Assurance, United States Environmental Protection Agency, September 30, 1999

b) All incorporations by reference of federal regulations and guidelines and the standards of nationally recognized organizations refer to the regulations, guidelines and standards on the dates specified and do not include any amendments or editions subsequent to the date specified.

c) The following State statutes and administrative rules are referenced in this Part:

1. State of Illinois Statutes

Weights and Measures Act [225 ILCS 470]

Illinois Emergency Management Agency Act [20 ILCS 3305/5(c)]

2. Illinois Department of Agriculture Rules

A) 8 Ill. Adm. Code 1, Administrative Rules (Formal Administrative Proceedings; Contested Cases; Petitions; Public Disclosure)

B) 8 Ill. Adm. Code 600, Weights and Measures Act

C) 8 Ill. Adm. Code 255, Agrichemical Containment

History

• Source: Amended at 44 Ill. Reg. 18281, effective October 29, 2020

8 Ill. Adm. Code 215.20 Safety

a) All competent attendants shall be certified to understand the properties of ammonia, to become competent in safe operating practices, and to take appropriate actions in the event of a leak or an emergency. Certified competent attendant training programs shall be approved by the Department every 3 years.

1. Certified competent attendants shall complete an attendance-based or temporary online certified competent attendant training approved by the Department or an equivalent training program approved by the Department.

2. Certification shall be for a period of 3 years and refresher training shall be at least every 3 years. Documentation of completed training shall be maintained by the certified competent attendants or their employer.

3. Any person who conducts anhydrous ammonia safety training to certify individuals as certified competent attendants shall:

A) Be a certified competent attendant by attending a Department-sponsored certified competent attendant training program annually;

B) Train with a Department-approved training program and associated materials; and

C) Submit to the Department a roster of individuals trained, including their name, company name, home address, company address and date of training.

4. Any person or entity who conducts online temporary certified competent attendant training shall submit a roster of individuals trained, with their name, company name, company address and date of the training. The online temporary training program shall be approved by the Department and reapproved every 3 years.

b) Persons involved with the loading or unloading of anhydrous ammonia as defined in this Subpart, into permanent storage vessels from cargo tanks shall satisfy the safety requirements of this Section if they meet USDOT transportation regulations and are not subject to the requirements of a certified competent attendant.

c) Persons at commercial facilities that hold a current USDOT Special Permit issued by the Pipeline and Hazardous Material Safety Administration pertaining to loading and unloading operations are not subject to the requirements of a certified competent attendant.

d) All growers or grower farm operators who transport or apply anhydrous ammonia, or otherwise maintain anhydrous ammonia equipment, shall be certified to understand the properties of ammonia, to become competent in safe operating practices, and to take appropriate actions in the event of a leak or an emergency. Initial certification shall be achieved no later than April 1, 2022.

1. Certified grower training shall be offered at no cost to the grower or grower farm operator via the attendance-based or online training program available on the Department's website.

2. Certification shall be for a period of 3 years and refresher training shall be at least every 3 years. Documentation of completed training shall be maintained by the grower or grower farm operator.

3. The attendance-based and on-line certified grower training program shall be reviewed and approved by the Department every 3 years.

4. Any person who conducts certified grower training shall:

A) Qualify as a certified competent attendant by attending a Department-sponsored certified competent attendant training program annually;

B) Train using the Department-approved training program and associated materials; and

C) Submit to the Department a roster of individuals trained, including their name, home address and date of training.

5. The Department will record the names, home addresses, and date of training of individuals who completed certified grower training.

e) All permanent storage installations shall have on hand, at minimum, the following equipment for safety and emergency purposes:

1. One full-faced respirator with one spare ammonia canister that has not exceeded its expiration date in a readily accessible location. A self-contained breathing apparatus (SCBA) can meet this requirement only when the facility is trained in accordance with OSHA for rescue or emergency response to a release as defined by OSHA.

2. One pair of protective gloves impervious to anhydrous ammonia.

3. One pair of protective boots impervious to anhydrous ammonia.

4. One protective slicker and/or protective pants and jacket, all impervious to anhydrous ammonia.

5. Chemical splash goggles.

6. An easily accessible emergency shower and a plumbed eyewash unit or at least 150 gallons of clean potable or potable quality water in a single open top container that is readily accessible.

f) Each cargo tank transferring agricultural anhydrous ammonia, except an implement of husbandry, shall carry:

1. At least 5 gallons of clean water in a container designed to provide ready access to the water for flushing any area of the body contacted by ammonia.

2. One pair of protective gloves impervious to ammonia.

3. One full-faced respirator with one spare ammonia canister, in a readily accessible location, that has not exceeded its expiration.

4. Chemical splash goggles.

g) Releases over the RQ amount, unless otherwise permitted by law, require the responsible party to make certain immediate notifications, which include the local emergency response system (911), National Response Center (NRC), State Emergency Response Commission (SERC), and the Local Emergency Planning Committee (LEPC).

History

• Source: Amended at 44 Ill. Reg. 18281, effective October 29, 2020

8 Ill. Adm. Code 215.25 Basic Rules

This Section applies to all Sections of this Part unless otherwise noted.

a) These provisions shall not be construed as prohibiting the continued use or reinstallation of containers constructed and maintained in accordance with the 1949, 1950, 1952, 1956, 1959, 1965, 1968, 1971, 1974, 1977, 1980, 1983, 1986, 1989, 1992, 1995 and 1998 editions of the ASME Code or any revisions thereof in effect at the time of fabrication. Reinstalled stationary pressure vessels with a design capacity greater than 3000 gallons shall comply with CGA G-2.1, Section 5.1. If a storage tank is currently being used and does not have a U-1A form or a build sheet or a legible data plate, it must be taken out of service by January 1, 2030.

1. Containers in use or operation on or after July 1, 2016, and any storage vessel that is not in service within the State of Illinois, or any storage vessel greater than 3000 gallons to be reinstalled, shall comply with one or more of the following:

A) The storage vessel has been stress relieved during fabrication in accordance with the Code in effect at the time of fabrication; or

B) The storage vessel has cold-formed heads that have been heat stress relieved; or

C) The storage vessel has been fabricated with hot-formed heads.

2. Welded attachments to pads may be made after post-weld heat treatment. However, implements of husbandry do not require post-weld heat treatment if they are fabricated with hot-formed heads or with cold-formed heads that have been stress relieved.

b) Requirements for new construction and original test, repair, and alterations of containers (including USDOT portable tanks), other than refrigerated storage tanks must comply with the following:

1. Containers used with systems covered in Sections 215.85, 215.110, and 215.115 shall be made of steel or other material compatible with ammonia and tested in accordance with the currently incorporated ASME Code (see Section 215.16). An exception to the ASME Code requirements is that construction under Table UW 12 at a basic joint efficiency of under 80% is not authorized.

2. Containers designed and constructed in accordance with the ASME Code, other than refrigerated storage containers, shall comply with the following additional requirements:

A) The entire container shall be postweld heat treated after completion of all welds to the shells and heads. The method employed shall be as prescribed in the ASME Code, except that the provisions for extended time at a lower temperature for postweld heat treatment shall not be permitted. Welded attachments to pads may be made after postweld heat treatment. Exception: implements of husbandry will not require postweld heat treatment if they are fabricated with hot-formed heads or with cold-formed heads that have been stress relieved.

B) Steels used in fabricating pressure containing parts of a container shall not exceed a specified tensile strength of 70,000 psi. Exception: implements of husbandry may be fabricated from steel having a specified tensile strength of 75,000 psi.

C) Containers shall be inspected by a person who holds a valid National Board Commission. Exception: refrigerated storage tanks with a design pressure of 15 psig or less and containers covered in Section 215.90.

D) Repair or alteration of pressure-containing parts of a container shall be performed in compliance with the applicable provisions of the current edition of the National Board Inspection Code. Where specific procedures are not given, it is intended that, subject to acceptance of the inspector, all repair or alteration shall conform as much as possible to the ASME Code section and edition to which the container was constructed.

c) Except for pneumatic testing, all containers shall only be pressured with ammonia vapor except for dual usage involving the storage of liquid propane. Any device used for the introduction of atmospheric air into any part of anhydrous ammonia storage, transportation or application systems is prohibited. Any introduction of any substance other than anhydrous ammonia into the closed loop anhydrous ammonia system shall be approved by the Department prior to implementation, except when required to comply with the ASME Code or USDOT regulations.

d) Any firm that completes any repair or alteration to a pressure vessel or any piping and associated appurtenances shall be performed by a firm that holds a valid certificate of authorization, commonly referred to as an R stamp holder.

e) A written record of all inspections and maintenance shall be kept at the facility for a period of 5 years or until sold or removed from service.

f) Railroad car tanks permanently mounted and used for storage of anhydrous ammonia shall be removed from a service no later than December 1, 2025.

g) Compliance with the requirements of this Subpart shall be achieved through repairs and modifications on or before December 31, 2020.

h) Any storage vessel that does not have a legible data plate or supporting documentation of the information on the data plate shall be removed from service if it is decommissioned from the current site.

History

• Source: Amended at 40 Ill. Reg. 8704, effective July 1, 2016

Chapter I Department of Agriculture

Subchapter e Fertilizers

Part 215 Anhydrous Ammonia, Low Pressure Nitrogen Solutions, Equipment, Containers, and Storage Facilities

8 Ill. Adm. Code 215.30 Location of Storage Tanks

a) Tanks shall be located outside of buildings unless the building is especially constructed for the safe handling and storage of anhydrous ammonia. Permanent storage shall be located outside of densely populated areas and subject to the approval of the Department as follows: If located within the corporate limits of a village, town, or city, written approval of the municipality's governing body or a county zoning permit shall be submitted to the Department before tentative approval to begin construction of a permanent storage facility will be given. The intended storage must be completed and approved by the Department within one year from the date written tentative approval was given. Final approval will be given if the facility and equipment complies with this Part.

b) Containers shall be located at least 50 feet from a dug well or other source of potable water.

c) Nurse tank load out risers and containers for newly approved sites after July 1, 2003 shall be a minimum distance of 200 feet from the property line. Installation of additional load out risers or containers at sites approved prior to July 1, 2003 shall be a minimum distance of 75 feet from the property line.

d) Container locations shall comply with the following distance requirements:

Minimum Distance (feet) from Container

Nominal capacity of containers (gallons)

Railroad mainline property

Place of private or public assembly

Institutional occupancy

001-3000

100

200

750

over 3000

100

400

1000

e) Offices or buildings integral to the agrichemical business are exempt from the minimum distance requirement. Excluded from the distance requirement are those installations installed prior to July 1, 2003. The Department will approve replacement storage tanks to be installed. A replacement tank may be of a larger capacity. Replacement tanks must meet all requirements of this Part with the exception of subsection (d). The provisions concerning replacement of tanks applies specifically to installations installed prior to July 1, 2003. Notwithstanding the other provisions of this Section, the Department shall not require evidence of a county zoning permit or approval of the municipal governing body in the case of replacement of anhydrous ammonia storage vessels of equal or lesser static volume.

f) A nurse tank of not more than 3000 gallons or less than 1000 gallons water capacity may be used as temporary storage in instances where anhydrous ammonia is used in the manufacturing of liquid or suspension fertilizers provided that written approval of the municipality’s governing board or a county zoning permit shall be submitted to the Department before site approval will be given. Approval will be given based upon compliance with the requirement of this subsection (f). The distance of the temporary storage nurse tank shall not be less than 50 feet from the property line or source of drinking water, not less than 200 feet from existing places of private or public assembly, or not less than 750 feet from any place of institutional occupancy. The draw bar must be securely fastened to an anchoring device so as to render the nurse tank immovable while being used in the manufacturing of fertilizer. During the time the site is unattended, all liquid and vapor valves must be plugged or capped.

g) Container storage areas shall be accessible to emergency vehicles and personnel.

h) Storage container areas shall be maintained clear of dry grass and weeds and other combustible materials.

History

• Source: Amended at 40 Ill. Reg. 8704, effective July 1, 2016

8 Ill. Adm. Code 215.35 Markings of Non-Refrigerated Containers and Systems Other Than Dot Containers

a) Each system nameplate shall be made of a non-corroding metal permanently attached to the system by continuous welding around its perimeter and located so as to be readily accessible for inspection. Nameplates shall be maintained in legible condition and include markings as prescribed.

b) Each container or system covered in Sections 215.85, 215.90, 215.110 or 215.115 shall be marked as follows:

1. With a mark identifying compliance with and other markings required by the Code under which the container is constructed, with the capacity of the container in pounds or gallons (U.S. Standards), with the working pressure in psig for which the container is designed, and with the thickness of the shell and heads.

2. With the name and address of the supplier of the system or the trade name of the system and the date of manufacture. This information shall appear on the system nameplate for aboveground containers.

3. With markings indicating the maximum level to which the container may be filled with liquid at temperatures between 20°F and 100°F, except on containers provided with fixed maximum level indicators or that are filled by weighing. Markings shall be in increments of not more than 20°F and shall appear on the system nameplate or on the liquid level gauging device on both underground and aboveground containers. Refrigerated storage tanks shall be exempt from these requirements but shall be marked to show the maximum permissible liquid level (see Section 215.60).

4. With the overall length and outside diameter of the container.

c) All main operating valves on permanently installed storage containers having a capacity of over 3000 water gallons shall be identified to show whether the valve is in liquid or vapor service. The method of identification shall be by label or color code as follows:

1. Label: The label LIQUID (or LIQUID VALVE) or VAPOR (or VAPOR VALVE), as appropriate, shall be placed on or within 12 inches of the valve by means of a stencil tag or decal; or

2. Color Code: Liquid valves shall be painted orange and vapor valves shall be painted yellow. The legend ORANGE − LIQUID or YELLOW − VAPOR shall be displayed in a conspicuous place at each operating point utilized for loading or unloading at each permanent storage location. The legend shall have letters at least two inches high and shall be placed against a contrasting background.

d) Containers manufactured after January 1, 2003 shall bear a National Board of Boiler and Pressure Vessel Inspectors stamp indicating registration of the container with that organization.

History

• Source: Amended at 40 Ill. Reg. 8704, effective July 1, 2016

8 Ill. Adm. Code 215.40 Tank Appurtenances

a) All tanks and appurtenances of each system shall be approved by the Department prior to initiation of operations, including the receipt of anhydrous ammonia.

b) All appurtenances shall be designed for no less than the maximum working pressure of the portion of the system on which they are installed. All appurtenances shall be fabricated from materials proved suitable for anhydrous ammonia service.

c) All connections to containers except connections for pressure relief devices, thermometer well, liquid level gauging devices, or connections fitted with No. 54 (0.055 inches) drill size orifice or those plugged shall have shutoff valves located as close to the container as practical.

d) Excess flow valves or approved systems shall close automatically at the rated flows of vapor or liquid as specified by the manufacturer. The piping, including valves and fittings in the same flow path as the excess flow valve, shall have a greater capacity than the rated flow of the excess flow valve or approved system.

e) Liquid level gauging devices that require bleeding of the product to the atmosphere and that are so constructed that outward flow will not exceed that passed by a No. 54 (0.055 inches) drill size opening need not be equipped with excess flow valves.

f) An opening in a container to which a pressure gauge connection is made need not be equipped with an excess flow valve if the opening is not larger than No. 54 (0.055 inches) drill size.

g) Each facility shall provide the minimum protection at each non-refrigerated storage tank opening utilized for the transfer of product as follows:

1. The installation of an:

A) internal valve in the tank with a manual shutoff valve located immediately outside of the opening; or

B) approved excess flow valve or a back check valve inside of the tank, a manual shutoff valve located immediately outside of the opening and an approved emergency shutoff valve (ESV) located within 3 feet of the opening side of the manual shutoff valve.

2. Approved ESVs or internal valves shall incorporate a reliable actuation system that will close all of the ESVs or internal valves of the piping system on the first attempt in the event of emergency or of testing from a remote location. A minimum of 2 remote actuation devices shall be located no less than 25 feet reasonably opposed to each other.

3. If using a pressure source for activation of the ESVs or internal valves, nitrogen, compressed air or carbon dioxide is deemed acceptable. If using compressed air as a pressure source, the air shall be clean and kept at a moisture level that will not prevent the system from operating. Propane or other flammable materials shall be prohibited for use to activate an ESV or an internal valve.

4. ESVs and internal valves shall be tested annually for the functions required. A record of each test result shall be kept at the facility for a minimum of 5 years.

h) Excess flow valves shall be designed with a by-pass, not to exceed a No. 60 (0.040 inches) drill size opening, to allow equalization of pressure.

i) All excess flow valves shall be plainly and permanently marked with the name or trademark of the manufacturer, the catalog number, and the rated capacity.

j) Each filling connection on non-refrigerated containers shall have a positive shutoff valve in conjunction with either an approved internal back-pressure check valve or an approved internal excess flow valve. Vapor connections on non-refrigerated containers shall have a positive shutoff valve together with an approved internal excess flow.

History

• Source: Amended at 40 Ill. Reg. 8704, effective July 1, 2016

8 Ill. Adm. Code 215.45 Piping, Tubing and Fittings

a) All piping, tubing and fittings shall be made of steel or other material suitable for anhydrous ammonia service. Brass, copper or galvanized steel pipe or tubing shall not be used. Cast iron fittings shall not be used. Those parts of valves that are subjected to gas pressure shall be made of steel, ductile (nodular) iron, or malleable iron. Ductile iron shall meet the requirements of ASTM A395 and malleable iron the requirements of ASTM A47.

b) All piping, tubing, and fittings shall be designed for a pressure no less than the maximum pressure to which they will be subjected in service.

c) All piping shall be supported to prevent damage to the pipes. Provisions shall be made for expansion, contraction, jarring, vibration and settling. All refrigeration system piping shall conform to the Refrigeration Piping Code (ASME B31.5) as it applies to anhydrous ammonia.

d) Piping used on non-refrigerated systems shall be at least ASTM A53 Grade B seamless or electric resistance welded pipe. Pipe joints shall be threaded, welded or flanged. Pipe shall be at least Schedule 40 when joints are welded or welded and flanged. Pipe shall be at least Schedule 80 when joints are threaded. Threaded nipples shall be seamless. Welding shall be done by a certified welder.

e) Metal, flexible connections may be used for permanent installations to provide for expansion, contraction, jarring, vibrating and settling. In no case shall the angle of the connection exceed 15 degrees. The connection used for non-refrigerated installations shall have a minimum working pressure of 350 psig and a minimum burst pressure of 1750 psig.

f) Adequate provisions shall be made to protect all exposed piping from physical damage that might result from impact by moving machinery, automobiles or trucks, or any other equipment at the facility. Underground piping is allowable.

g) Joint compounds shall be resistant to ammonia at the maximum pressure and temperature to which they may be subjected in service.

h) After assembly, all piping, fittings, and tubing shall be tested and proved to be free from leaks at a pressure no less than the normal operating pressure of the system.

History

• Source: Amended at 40 Ill. Reg. 8704, effective July 1, 2016

8 Ill. Adm. Code 215.50 Hose Specifications

a) Hose used in ammonia service and subject to container pressure shall conform to ARPM IP-14. Dual usage hoses for propane and anhydrous ammonia shall be prohibited.

b) Hose subject to container pressure shall be designed for a minimum working pressure of 350 psig and a minimum burst pressure of 1750 psig. Hose assemblies, when made up, shall be capable of withstanding a test pressure of 500 psig.

c) Hose and hose connections located on the low-pressure side of flow control, or pressure-reducing valves on devices discharging to atmospheric pressure, shall be designed for the maximum low-side working pressure. All connections shall be designed, constructed and installed so that there will be no leakage when connected. Shutoff valves on the end of liquid and vapor transfer hoses shall be equipped with bleed valves to enable the operator to bleed off pressure prior to disconnecting the hoses except when using minimum loss valve.

d) When a liquid transfer hose is not drained of liquid upon completion of transfer operations, that hose shall be equipped with an approved shutoff valve at the discharge end. Provision shall be made to prevent excessive hydrostatic pressure in the hose.

e) On all hose 0.5 inch O.D. and larger used in ammonia service and subject to container pressure, there shall be etched, cast or impressed at 5 ft. intervals on the outer hose cover the following information:

Anhydrous Ammonia

XXX psig (Maximum Working Pressure)

Manufacturer’s Name or Trademark

Year of Manufacture

f) Hose in service shall be requalified periodically in accordance with requirements specified in CGA P-7.

g) Hoses used for transferring material (both liquid and vapor) to and from nurse tanks shall be restricted to a 30 feet maximum length and shall be secured when not in use to prevent undue damage to hose.

History

• Source: Amended at 40 Ill. Reg. 8704, effective July 1, 2016

8 Ill. Adm. Code 215.55 Safety Relief Devices

a) Every container used in systems covered by Sections 215.85, 215.110, and 215.115 without permanent supply piping to another source of excess pressure shall be protected from excess pressure by one or more pressure relief valves of the spring loaded type conforming with applicable requirements of ASME UG-125(c)(3), UL-132 or other equivalent pressure relief valve standard.

b) Pressure relief valves shall be in direct communication with the vapor space of the container. All pressure relief discharge openings shall have suitable rain caps that will allow free discharge of the vapor and prevent the entrance of water. Provision shall be made for draining condensate that may accumulate.

c) The discharge from pressure relief valves shall be vented away from the container, upward and unobstructed to the atmosphere.

d) Container relief device pressure shall be set to discharge at no more than 125% maximum allowable working pressure for containers built by the 1949 ASME Code Sections U-68 and U-69, and no more than 100% for those built by all subsequent ASME Codes. Set pressure tolerance is +10% to 0% for non-refrigerated containers.

e) Pressure relief valves used on containers covered by Sections 215.85, 215.110 and 215.115 shall be constructed to discharge at not less than the rates required in Appendix B before the pressure is in excess of 121% of the maximum allowable working pressure of the container. Relief protection for any other reason shall use ASME UG-125 through UG-136.

f) Pressure relief valves shall be so arranged that the possibility of tampering will be minimized. If the pressure setting adjustment is external, the relief valves shall be provided with means for sealing the adjustment.

g) Shutoff valves shall not be installed between the pressure relief valves and the containers or systems covered by Sections 215.85, 215.110 and 215.115.

h) Relief valves shall be installed in a manifold that has a required rate of discharge and so installed to allow either of the pressure relief valves to be closed off but does not allow both pressure relief valves to be closed off at the same time, or other suitable device so that they can be replaced while the container remains pressurized. Containers designed with internal pressure relief systems are exempt from this requirement.

i) Each pressure relief valve used with systems covered by Sections 215.85, 215.110 and 215.115 shall be plainly and permanently marked as follows:

1. With the letters "AA" or the symbol "NH3";

2. The pressure in psig at which the valve is set to start-to-discharge;

3. The rate of discharge of the valve in cubic feet per minute of air at 60°F and atmospheric pressure;

4. Year of manufacture; and

5. The manufacturer’s name and catalog number.

j) Piping or connections on either the upstream or downstream side shall not restrict the flow capacity of the relief valve.

k) The manufacturer or supplier of a pressure relief valve manifold shall publish complete data showing the flow rating through the combined assembly of the manifold with pressure relief valves installed. The manifold flow rating shall be determined by testing the manifold with all but one valve discharging. If one or more openings have restrictions not present in the remaining openings, the restricted opening or openings, or those having the lowest flow, shall be used to establish the flow rate marked on the manifold nameplate. The marking shall be similar to that required in Section 215.55 for individual valves.

l) A hydrostatic relief valve, venting into the atmosphere at a safe location, shall be installed in each section of piping (including hose) in which liquid can be isolated between shutoff valves to relieve pressure that could develop from the trapped liquid. If an equivalent pressure relieving device is used, the maximum accumulative pressure possible within the system shall not exceed the limits of the system.

m) The discharge opening from any pressure relief valve shall not terminate inside any building or below the highest roof line of the building.

n) A pressure relief device shall be subject to a systematic, periodic, visual external inspection at least annually to determine that it:

1. Meets the applicable requirements specified in this Section;

2. Is free of evidence of tampering, damage, corrosion or foreign matter that might prevent proper operation;

3. Is free of leakage when subject to pressures below the minimum allowable start-to-discharge setting;

4. Has a properly installed rain cap or other device to avoid entry of moisture or other matter into the relief valve outlet; and

5. Has an open weep hole to permit moisture to escape.

o) Any deficiency as may be found in subsection (n) shall require immediate corrective action, replacement or repair of the pressure relief device as may be appropriate.

p) No container pressure relief device shall be used over 5 years past the manufactured date. Records shall be maintained that identify each container and indicate the date of installation for the pressure relief devices. If no date is specified, a pressure relief valve shall be replaced no later than five years following the date of its manufacture or last repair unless it has first been disassembled, inspected, repaired and tested by the manufacturer, or by a qualified repair organization, in a manner such that the valve's condition and performance is certified as being equivalent to the standards for the original valve. The data regarding repairs or reassembly shall be indicated by stamping the body or attaching a tag pertaining to the valve with the month and year to replace or recertify. All facilities shall be in compliance with this subsection no later than December 31, 2020.

History

• Source: Amended at 40 Ill. Reg. 8704, effective July 1, 2016

8 Ill. Adm. Code 215.60 Filling Densities

a) Filling density is limited to 85% capacity by volume at 60°F.

b) The filling densities for non-refrigerated containers shall not exceed the following:

1. Uninsulated aboveground 56%;

2. Insulated aboveground 57%.

c) US Department of Transportation containers shall be filled in accordance with49 CFR 173.315(m)(5).

d) If containers are to be filled according to liquid level by any gauging method other than a fixed length dip tube gauge, each container shall have a thermometer well and thermometer so that the internal liquid temperature can be easily determined and the amount of liquid and vapor in the container corrected to a 60°F basis.

History

• Source: Amended at 40 Ill. Reg. 8704, effective July 1, 2016

8 Ill. Adm. Code 215.65 Transfer of Liquids

a) If it is found necessary to dispose of anhydrous ammonia, it shall be discharged into a vessel containing water sufficient to absorb it. Sufficient water shall be at least ten parts of water per one part anhydrous ammonia. The anhydrous ammonia shall be injected into the water as near the bottom of the vessel as practical. Provision must be made to prevent bleeding of transport and railroad tank car liquid lines or hoses into the atmosphere when disconnecting. This shall be done through the use of a wet hose with a shutoff valve at each end of the hose, by bleeding into water at no greater rate than one gallon of anhydrous ammonia to 10 gallons of ammonia-free water to prevent discharge of fumes into the atmosphere, or with a recovery system.

b) A certified competent attendant shall supervise the transfer of liquids from the time the connections are first made until the railroad tank car is finally disconnected or the transport truck is completely unloaded and finally disconnected. Any time the site is unattended, the railroad tank car shall not be connected to the unloading riser. During the transfer operations of the transport, chock blocks shall be so placed as to prevent rolling of the vehicle.

c) Containers shall be filled or used only upon authorization of owners.

d) Containers shall be gauged and charged only in the open air or in a building especially provided for that purpose.

e) Pumps used for transferring anhydrous ammonia shall be recommended for anhydrous ammonia service by the manufacturer or documented for such service by the owner/operator using recognized and accepted good engineering methods.

1. Liquid pumps may be piston, rotary, centrifugal or regenerative type for 250 psig working pressure.

2. Positive displacement pumps shall be equipped with a pressure actuated by-pass valve on the discharge side of the pump. This valve shall operate to limit the pressure developed by the pump to the maximum for which the pump is rated. Piping or tubing sized to carry the full capacity of the pump at the actuation pressure of this valve shall connect the discharge of this valve with the container from which ammonia is being pumped. If this line is capable of being closed off by a valve, an additional by-pass device shall be incorporated in the pump to by-pass back to the suction port. The pressure actuated by-pass valve and the return piping or tubing shall be installed in accordance with the pump manufacturer's recommendations or documented for such service by the owner/operator using recognized and generally accepted good engineering methods.

3. A pressure gauge graduated from at least 0 to 400 psig shall be installed before the relief valve line on the discharge side of the pump.

4. Centrifugal or regenerative pumps do not require a bypass valve, but the installation shall incorporate a line from the discharge side of the pump to the vapor space of the supplying tank and a shutoff valve shall be installed in this line.

f) Plant piping shall contain shutoff valves located as close as practical to the pump connections.

g) Compressors used for transferring or refrigerating ammonia shall be recommended for ammonia service by the manufacturer or documented for that service by the owner/operator using recognized and generally accepted good engineering methods.

1. Compressors, except those used for refrigeration, shall be designed for at least 250 psig working pressure. Crank cases of compressors not designed to withstand system pressure shall be protected with a suitable pressure relief valve.

2. Plant piping shall contain shutoff valves located as close as practical to compressor connections.

3. A relief valve large enough to discharge the full capacity of the compressor shall be connected to the discharge before any shutoff valve. The discharging pressure of this valve shall not exceed 300 psig and shall be installed so that it will be vented in a safe location if discharged.

4. Compressors, except those used in refrigeration, shall have pressure gauges graduated from 0-400 psig at suction and discharge.

5. Adequate means, such as a drainable liquid trap, shall be provided on the compressor suction to minimize the entry of the liquid into the compressor.

h) Piping shall be designed not to restrict flow rates to the extent that protective devices will not function.

i) Dedicated lines for loading and separate dedicated lines for unloading are recommended. Minimum protection shall be provided as follows:

1. Loading systems shall be protected by properly rated excess flow valves or approved systems to prevent the emptying of the storage containers in the event of severance of the hose or swivel type piping.

2. The liquid unloading line shall be protected by a back check valve located within 5 lineal feet of pipe from the bulkhead.

3. The minimum protection for all bypass lines shall consist of an excess flow valve and a manual shutoff valve. The bypass shall be located at the highest elevation of the storage tank.

4. System piping shall be designed to prevent the introduction of debris that could impede the action of valves and other components of the piping system. All systems in operation on or before July 1, 2016 shall be in compliance no later than December 1, 2017. Any piping system installed after July 1, 2016 shall comply prior to initiation of any operations.

j) Transport trucks shall not be utilized for bulk storage of anhydrous ammonia. It must be transferred into permanent storage of a capacity equal to or greater than the transport truck.

k) Railway tank cars must be transferred into permanent storage of a capacity equal to 50% of the railway tank car.

l) All storage tank system liquid and vapor valves must be closed and locked during the time the plant is unattended. Either hose end lock boxes or locking caps or chains may be used on the risers. In lieu of locking the valves, a security fence with two gates on opposite sides shall be installed and kept locked during the time the plant is unattended.

m) The transfer of anhydrous ammonia from a tank car or transport to any other unit for the purpose of converting anhydrous ammonia to aqueous ammonia shall only be done upon a railway spur owned or leased to the operator of the transferring facility where the railway tank car can be retained for an indefinite period and where an aqueous converter is installed at a site. The transfer must be done in one continuous operation. The requirements of Section 215.30 must be met before the site and facility will be approved by the Department. Approved anhydrous ammonia installations designed for converting aqueous ammonia must have sufficient permanent storage to permit continuous and uninterrupted unloading from railway tank cars or trucks.

n) Provision must be made to prevent bleeding of transport and rail car liquid lines or hoses into the atmosphere when disconnecting. This shall be done through the use of a wet hose with a shutoff valve at each end of the hose, by bleeding into water at no greater rate than one gallon of anhydrous ammonia to 10 gallons of ammonia-free water to prevent discharge of fumes into the atmosphere, or with a recovery system.

o) A certified statement shall be filed on forms furnished by the Department stating that all the requirements of this Section, safety equipment and requirements of this Part have been met. This statement must be filed with the Department before final approval of the facility will be given by the Department. No operation shall begin until final approval has been issued.

p) The filling of mobile containers with a capacity of 3000 gallons or less with anhydrous ammonia is permissible only at a permanent storage facility approved by the Department for this purpose. Anhydrous ammonia may be transferred from a cargo tank motor vehicle with a maximum capacity of 6000 gallons into containers of 3000 gallons capacity or less mounted on farm vehicles or containers of 6000 gallons mounted on motor-driven applicators. This transfer operation is limited to rural areas and only on the premises of the consignee. This transfer operation must meet all safety requirements of Section 215.20. Department approved anhydrous ammonia meters or on board scales shall be employed for this operation. Meters or on board scales shall conform with the Weights and Measures Act [225 ILCS 470] and 8 Ill. Adm. Code 600. The selling price quotation, actual billing, and reporting to the Department shall be done in pounds or tons.

q) All stationary storage installations with systems for filling nurse tanks or cargo vessels with container capacity of 6000 water gallons or less shall have all vapor and liquid risers protected against any break resulting from a pull-away. Each vapor and liquid hose shall be protected with an individually properly rated excess flow valve, a manual control valve, and a break-away or shear fitting designed to conform with good engineering practices.

r) Meters used for the measurement of liquid anhydrous ammonia shall be recommended for ammonia service by the manufacturer and approved by the Department. When dual purpose meters are used and when changing from LPG to anhydrous ammonia or vice versa, it is necessary to adjust the coefficient of the expansion scale to the proper setting for the product being metered. This adjustment will require the removal of the Illinois Weights and Measures Seal. Section 42 of the Weights and Measures Act requires that the person who breaks such seal be registered pursuant to that Act.

s) Liquid meters shall be designed for a minimum working pressure of 250 psig.

t) The metering system shall incorporate devices that will prevent the inadvertent measurement of vapor.

u) Transferring of anhydrous ammonia from a DOT cargo tank motor vehicle must comply with Transportation Regulations (see Section 215.16).

v) Bulkheads shall provide protection during unloading events and shall be accomplished with the following good engineering practices:

1. All valves shall be protected from any possible pull-away incidents while connected between the mobile container and the transfer station in such a manner that any break resulting from a pull-away will occur on the hose or swivel-type piping side of the connection while retaining intact the valves and piping on the plant side of the connection;

2. Installation of reinforced concrete and structural steel bulkheads or equivalent anchorage, strong enough not to break and sufficiently massive not to be uprooted by the motor vehicle;

3. A manual shutoff valve shall be installed on the liquid and vapor line and located at the bulkhead;

4. The use of approved breakaway devices, specifically designed for this purpose;

5. Bulkhead protection shall not be attached to the container piers; and

6. At least one caution sign at the bulk heads shall be permanently displayed instructing the cargo tank driver to chock the cargo tanks wheels prior to loading or unloading. The signs shall be of metal or other comparable material, at least 8½ inches high by 11 inches wide, and shall state:

CAUTION

DRIVER MUST CHOCK WHEELS

The signs shall have a yellow background and the letters shall be at least 1½ inches in height.

History

• Source: Amended at 40 Ill. Reg. 8704, effective July 1, 2016

Chapter I Department of Agriculture

Subchapter e Fertilizers

Part 215 Anhydrous Ammonia, Low Pressure Nitrogen Solutions, Equipment, Containers, and Storage Facilities

8 Ill. Adm. Code 215.70 Liquid Level Gauging Devices

a) Each container, except those filled by weight, shall be equipped with an approved liquid level gauging device.

b) Each container or system covered in Sections 215.85, 215.110, and 215.115 shall be fitted with a liquid level gauge indicating the maximum level to which the container may be filled with liquid anhydrous ammonia at temperatures between 20°F and 100°F, except on containers provided with fixed maximum level indicators, such as fixed length dip tubes or containers that are filled by weight. Marks shall be in increments of not more than 20°F. See Section 215.60 regarding the requirement for thermometer well and thermometer.

c) Gauging devices that require bleeding of the product to the atmosphere, such as the rotary tube, fixed tube, and slip tube devices, shall be designed so that the maximum opening of the bleed valve is not larger than No. 54 (0.055 in.) drill size unless provided with an excess flow valve. (This requirement does not apply to farm vehicles used for the application of ammonia as covered in Section 215.115.)

d) Gauging devices shall have a design pressure equal to or greater than the design pressure of the container on which they are installed.

e) Fixed maximum liquid level gauges shall be designed and installed to indicate a volumetric level not to exceed 85% of the container’s water capacity.

Note: This does not apply to refrigerated storage.

f) Gauge glasses of the columnar type shall be restricted to stationary non-refrigerated storage installations. They shall be equipped with shutoff valves having metallic hand wheels, excess flow valves, and extra heavy glass adequately protected with a metal housing applied by the gauge manufacturer. They shall be shielded against the direct rays of the sun.

History

• Source: Amended at 27 Ill. Reg. 9922, effective July 1, 2003

8 Ill. Adm. Code 215.75 Painting of Containers

All uninsulated containers shall be painted white or a light reflecting color.

History

• Source: Amended at 27 Ill. Reg. 9922, effective July 1, 2003

8 Ill. Adm. Code 215.80 Electrical Equipment and Wiring

a) Electrical equipment and wiring for use in ammonia installations shall be general purpose or weather resistant as appropriate.

b) Where concentrations of ammonia in air in excess of 16% by volume are likely to be encountered, electrical equipment and wiring shall be installed to comply with the requirements specified for use in hazardous locations, Class I, Group D, of ANSI/NFPA 70, National Electrical Code, Articles 500 and 501.

History

• Source: Amended at 27 Ill. Reg. 9922, effective July 1, 2003

8 Ill. Adm. Code 215.85 Systems Utilizing Stationary, Pier-Mounted or Skid-Mounted Aboveground Non-Refrigerated Storage

a) This Section applies to stationary, pier-mounted, skid-mounted, aboveground non-refrigerated storage installations using containers other than those constructed in accordance with DOT specifications. Section 215.25 applies to this Section unless otherwise noted. Underground storage tanks are prohibited.

b) The minimum design pressure for non-refrigerated containers shall be 250 psig. U-68 and U-69 ASME Code containers with a design pressure of 200 psig are acceptable for reinstallation if re-certified to 250 psig in accordance with . CGA G-2, 1 Basic Rules 5.1.

c) All vapor and liquid connections, except for pressure relief valves and those specifically exempted in Section 215.40, shall be equipped with approved excess flow valves (back-pressure check valves are acceptable for filling connections) or, may be fitted with approved quick-closing internal valves that, except during operating periods, shall remain closed.

d) Each storage container shall be provided with a pressure gauge graduated from 0 psig to 400 psig. Gauges shall be designated for use in ammonia service.

e) All containers shall be equipped with a suitable vapor equalizing connection.

f) All containers shall be equipped with a fixed maximum liquid level gauge.

g) Every container shall be provided with one or more pressure relief valves of spring-loaded or equivalent type that shall comply with the following specifications:

1. Relief valves shall be installed in a manifold or other suitable device so that they can be replaced while the container remains pressurized. Internal relief valves are exempt from this requirement.

2. The discharge from pressure relief valves shall be vented away from the container, upward and unobstructed to the open air to an area such that persons, property and the environment will not be harmed. Vent pipes shall not be restrictive or smaller in size than the pressure relief valve outlet connection. All pressure relief valves shall have suitable rain caps that will allow free discharge of the vapor and prevent the entrance of water. Suitable provision shall be made for draining condensate that may accumulate.

3. If desired, vent pipes from two or more pressure relief devices located on the same unit, or similar lines from one or more different units, may be run into a common header, provided the cross-sectional area of the header is at least equal to the sum of the cross-sectional areas of the individual vent pipes.

h) Internal relief valves shall not be used on any tank manufactured after July 1, 2003.

i) Containers shall be provided with substantial reinforced concrete footings and foundations or structural steel supports mounted on reinforced concrete foundations. In either case, the reinforced concrete foundations or footings shall extend below the established frost line and shall be of sufficient width and thickness to support the total weight of the containers and contents adequately. Where required by local codes, seismic loads shall be considered in the design of the footings and foundations. The foundation shall maintain the lowest point of the tank not less than 36 inches above the ground. Floating type foundations shall also be acceptable providing the foundations are designed to adequately support tank, contents, and piping. (See Section 215.45.) Skid-mounted units shall include all piping and pumps or compressors as one unit. If the design of the a unit precludes a minimum of 24 inches ground-to-tank clearance, bottom-side inlet, outlet valves and piping are prohibited. Skid-mounted anhydrous ammonia storage tanks must be installed on permanent concrete footings or adequate floating reinforced concrete slabs.

j) Horizontal aboveground containers shall be mounted on foundations in such a manner as to permit expansion and contraction. Every container shall be supported so as to prevent the concentration of excessive loads. If supports of the saddle type are employed, the bearing afforded by the saddles shall extend over at least one-third of the circumference of the shell. Suitable means for preventing corrosion shall be provided on that portion of the container in contact with the foundations or saddles.

k) Secure anchorage or adequate pier height shall be provided against container flotation wherever sufficiently high flood water might occur.

l) All anhydrous ammonia storage locations shall have a permanent working platform installed at each nurse tank or applicator loading location. The working platform shall be designed to allow for connecting and disconnecting of transfer hoses without standing on equipment being loaded. This Section does not apply to nurse tanks or applicators with a working surface designed for loading purposes.

m) All on-site structures constructed after July 1, 2016, shall be a minimum of 15 feet in all directions from the aforementioned storage tanks.

n) The horizontal distance between aboveground containers of over 3000 gallon capacity shall be at least 5 feet.

o) Each container or group of containers shall be marked on at least two sides that are visible with the words ANHYDROUS AMMONIA or CAUTION – AMMONIA in sharply contrasting colors with letters not less than 4.0 inches high. Two diamond type, non-flammable gas, UN 1005, USDOT placards may be displayed with letters not less than 4.0 inches high.

p) Containers and appurtenances shall be located or protected by suitable barriers so as to avoid damage by trucks or other vehicles. Main container shutoff valves shall be kept closed and locked when the installation is unattended.

q) Storage containers need not be electrically grounded. When an electrical system exists, such as for lights or pump motors, the electrical system shall be installed and grounded in a manner as required by the National Electrical Code or local ordinance.

r) A sign with letters of a minimum height of two inches giving the name and telephone number, including area code, of owner, manager or agent of the anhydrous ammonia storage location shall appear at the site entrances to the property or apart from the storage tanks.

s) Railroad tank cars shall not be utilized for permanent anhydrous ammonia storage. Railroad tank cars that are currently in use for ammonia storage shall not be reinstalled for ammonia use once the container has been removed from the original saddle. All railroad tank cars used for permanent storage shall be removed from service pursuant to Section 215.10(c).

History

• Source: Amended at 40 Ill. Reg. 8704, effective July 1, 2016

8 Ill. Adm. Code 215.90 Refrigerated Storage

a) This Section applies specifically to systems using tanks for storage of anhydrous ammonia under refrigerated conditions. Section 215.25 applies to this Section unless otherwise stated.

b) Tanks may be designed for any storage pressure desired as determined by economical design of the refrigerated system.

c) The design temperature shall be the minimum temperature to which the container will be refrigerated and shall be so designated.

d) Containers with a design pressure exceeding 15 psig shall be constructed in accordance with Section 215.25 and the material shall be selected from those listed in API Standard 620, Design and Construction of Large, Welded, Low-Pressure Storage Tanks, Tables 2.02, R.2.2, R.2.3, or R.2.4.

e) Tanks with a design pressure of 15 psig or less shall be constructed in accordance with the general requirements of API Standard 620, including Appendix R.

f) When austenitic stainless steels or nonferrous metals are used, the ASME Code shall be used as a guide in selection of materials for use at the design temperature.

g) Tanks shall be supported on suitable noncombustible foundations designed to accommodate the type of tank being used.

h) Adequate protection against flotation or other water damage shall be provided wherever high flood water might occur.

i) Tanks storing product at less than 32°F shall be supported in such a way, or heat shall be supplied, to prevent the effects of freezing and subsequent frost heaving of the soil.

j) The area surrounding a refrigerated tank, or group of such tanks, shall be provided with drainage, diked, or provided with other secondary containment systems to prevent accidental discharge of liquid from spreading to uncontrolled areas.

k) When drainage is employed, a slope of not less than 1% shall be provided. The drainage system shall terminate in an impounding basin having a capacity as large as the largest tank served.

l) Provision shall be made for the drainage of rain water from the dike or impounding area. Such drainage shall be provided with a positive means to stop the flow.

m) Where a dike is employed, the capacity of the diked enclosure shall be 110% of the capacity of the largest tank served. When computing the volume of the dike, allowance shall be made for the volume displaced by all other containers in the diked area.

n) The walls of a diked enclosure or the wall of an impounding basin used in a drainage system shall be of earth, steel, concrete, or other suitable material designed to be liquid tight and to withstand the hydrostatic pressure and temperature. Earth walls shall have a flat top at least 2 feet wide. The slope shall be stable and consistent with the angle of repose of the earth used.

o) The ground in an impounding basin or with a diked enclosure should be graded so that small spills or the early part of a large spill will accumulate at one side or corner, thereby contacting only a relatively small area of ground and exposing a relatively small area for heat gain. Shallow channels in the ground surface or low curbs of earth can help guide the liquid to these low areas without contacting a large ground area.

p) Each refrigerated container shall be marked with a nameplate on the outer covering in an accessible place as specified in the following:

1. With the name and address of the builder and the date of fabrication;

2. With the maximum volume or weight of the product, whichever is most meaningful to the user;

3. With the design pressure;

4. With the minimum temperatures in degrees Fahrenheit (°F) or degrees Celsius (°C) for which the container was designed;

5. With the maximum allowable water level to which the container may be filled for the test purposes;

6. With the density of the product in pounds per cubic foot or kilograms per cubic meter for which the container was designed; and

7. With the maximum level to which the container may be filled with liquid anhydrous ammonia.

q) Each refrigerated container shall be marked on two directly opposite sides at near eye level with the words ANHYDROUS AMMONIA or CAUTION – AMMONIA in sharply contrasting colors with letters not less than 4.0 inches high.

r) Each refrigerated container shall be conspicuously marked with a hazard warning label complying with 29 CFR 1910.1200.

s) Shutoff valves shall be:

1. Provided for all connections except those with a No. 54 (0.055 inches) drill size restriction, plugs, pressure relief valves, and thermometer wells; and

2. Located as close to the tank as practical.

t) A check valve shall be installed on the tank liquid fill connection if it is located below the maximum liquid level. A remotely operated shutoff valve shall be installed on other connections located below the maximum liquid level. See Section 215.65.

u) Each refrigerated container shall be equipped with an approved liquid level gauging device and high liquid level alarm.

v) The tank shall be provided with a system of one or more pressure relief valves that can limit the tank pressure below 115% (110% if only one pressure relief valve is used) of the design pressure during operational emergency conditions other than fire and below 121% of the design pressure during operational emergency conditions that include fire. One of the pressure relief valves shall be set to start to discharge at a pressure not in excess of the design pressure of the tank, and all other pressure relief valves needed to limit the tank pressure below 115% (110% if only one pressure relief valve is used) of the design pressure during operational emergency conditions other than fire shall be set to discharge at a pressure not in excess of 105% of the design pressure. All additional pressure relief valves needed to limit the tank pressure below 121% of the design pressure during operational emergency conditions, including fire, shall be set to start to discharge at a pressure not in excess of 110% of the design pressure.

w) The pressure relief valve set to discharge below 105% of the design pressure of the tank shall have a total relieving capacity in excess of the relieving capacity required to handle operating emergency conditions listed in subsection (x). The total relieving capacity of all the pressure relief valves in the system shall be the larger requirement of subsection (x) or (y).

x) Possible refrigeration system upsets are cooling water failure; power failure; instrument air or instrument failure; mechanical failure of any equipment; excessive pumping rates; and changing atmospheric conditions.

y) Use either of the following formulas for fire exposure. Relief valve sizing for fire protection may be adjusted to protect against the worst possible fire exposure.

1. For valve manufacturers who classify valves on the basis of the weight of the vapors to be relieved:

■

■

2. For valve manufacturers who classify valves on the basis of air flow:

3. Where:

W

=

weight of vapors to be relieved in pounds/hour at relieving conditions

Qa

=

air flow in cubic feet per minute at standard conditions 60°F and 14.7 psi

F

=

fireproofing credit. Use F = 1.0 except when an approved fireproofing material of recommended thickness is used, in which case use F = 0.2

A

=

total surface area in square feet up to 25 feet above grade or to the equator of a sphere, whichever is greater

Z

=

compressibility factor of ammonia at relieving condition (if not known, use Z = 1.0)

T

=

temperature in degrees R (460 + temperature in °F of gas at relieving conditions)

M

=

molecular weight = 17 for ammonia

L

=

latent heat of ammonia at relieving conditions in Btu per pound

C

=

constant based on relation of specific heats (C may be obtained from the following table)

(If K is not known, use C = 315)

K

C

K

C

K

C

1.00

315

1.26

343

1.52

366

1.02

318

1.28

345

1.54

368

1.04

320

1.30

347

1.56

369

1.06

322

1.32

349

1.58

371

1.08

324

1.34

351

1.60

372

1.10

327

1.36

352

1.62

374

1.12

329

1.38

354

1.64

376

1.14

331

1.40

356

1.66

377

1.16

333

1.42

358

1.68

379

1.18

335

1.44

359

1.70

380

1.20

337

1.46

361

2.00

400

1.22

339

1.48

363

2.20

412

1.24

341

1.50

364

4. Where

K

=

Cp at atmospheric conditions

Cv

Cp

=

specific heat of vapor at constant pressure

Cv

=

specific heat of vapor at constant volume

z) Shutoff valves of adequate flow capacity may be provided and used to facilitate inspection and repair of pressure relief valves. When a shutoff valve is provided, it shall be so arranged that it can be locked or sealed open, and it shall not be closed except by an authorized person who shall remain stationed there while the valve remains closed and who shall again lock or seal the valve open when leaving the station.

aa) Pressure relief valves shall comply with the following:

1. If stacks are used they shall be suitably designed to prevent obstruction by rain, snow, ice, or condensate.

2. The outlet size shall not be smaller than the nominal size of the pressure relief valve outlet connection.

bb) Discharge lines may be used if desired. Multiple pressure relief valves on the same storage unit may be run into a common discharge header. The discharge line and header shall be designed to accommodate the maximum flow and a back pressure not exceeding 10% of the design pressure of the storage container. This back pressure shall be included to limit total tank pressure below 121% of the design pressure given in subsection (v). No other container or system shall exhaust into this discharge line or header. The vent lines shall be installed to prevent accumulation of liquid in the lines.

cc) The discharge from pressure relief valves shall be vented away from the container, upward and unobstructed to the open air to an area such that persons, property, and the environment will not be harmed. All pressure relief valves shall have suitable rain caps that will allow free discharge of the vapor and prevent the entrance of water. Suitable provision shall be made for draining condensate that may accumulate.

dd) Atmospheric storage shall be provided with vacuum breakers of adequate capacity to respond to anticipated rates of liquid withdrawal and to rapid atmospheric changes so as to avoid damage to the container. Ammonia gas may be used to provide a pad.

ee) Pressure relief valves used to protect other systems at refrigerated storage installations shall discharge to the open air unless connected to a control device as defined in Section 215.55.

ff) Because emergency venting for a double-wall refrigerated storage tank is complex, no calculation method is presented here. A thorough analysis of the fire relief for a double-wall refrigerated storage tank should be conducted.

gg) Refrigerated storage containers and appurtenances shall comply with the provisions of Section 215.40.

hh) Containers of such size as to require a field fabrication shall, when moved and reinstalled, be reconstructed and re-inspected in complete accordance with the original requirements under which they were constructed. The containers shall be subjected to a pressure retest, and if re-rating is necessary, it shall be done in accordance with the applicable pressure of the original requirements.

ii) The total refrigeration load shall be computed as the sum of the following:

1. Load imposed by heat flow into the container caused by the temperature differential between the ambient temperature and the storage temperature;

2. Load imposed by heat flow into the tank caused by maximum sun radiation; and

3. Maximum load imposed by filling the tank with ammonia warmer than the design storage temperature.

jj) More than one storage tank may be handled by the same refrigeration system.

kk) A minimum of two compressors shall be provided, either of which is of sufficient size to handle the loads listed in subsections (ii)(1) and (ii)(2), except as provided in subsection (mm). Where more than two compressors are provided, minimum standby equipment equal to the largest normally operating equipment shall be installed. Compressors required for subsection (ii)(3) may be used as standby equipment for compressors required in subsections (ii)(1) and (ii)(2).

ll) Compressors shall be sized to operate with a suction pressure at least 10% below the minimum setting of the pressure relief valves on the storage tank and shall withstand a suction pressure at least equal to 121% of the design pressure of the tank. Discharge pressure will be governed by condensing conditions.

mm) Where facilities are provided to safely dispose of vented vapor to an automatic flare or to a process unit, a single compressor of sufficient size to handle the load listed in subsections (ii)(1) and (ii)(2) shall be allowed.

nn) Each compressor shall have its own drive unit.

oo) Any standard drive consistent with good design may be used.

pp) An emergency source of power of sufficient capacity to handle the loads listed in subsections (ii)(1) and (ii)(2) shall be provided unless facilities are provided to safely dispose of vented vapors while the refrigeration system is not operating.

qq) The refrigeration system shall be arranged with suitable controls to govern the compressor operation in accordance with the load as evidenced by the pressure in the containers.

rr) An emergency alarm system shall be installed to function in the event the pressure in the containers rises to the maximum or falls to the minimum allowable operating pressure.

ss) An emergency alarm and shutoff shall be located in the condenser system to respond to excess discharge pressure caused by failure of the cooling medium.

tt) All automatic controls shall be installed in a manner to preclude operation of alternate compressors unless the controls will function with the alternate compressors.

uu) An entrainment separator of suitable size and design pressure shall be installed in the compressor suction line. The separator shall be equipped with a drain and gauging device. A maximum liquid level control with alarm should be installed.

vv) An oil separator of suitable size shall be installed in the compressor discharge line. It shall be designed for at least 250 psig and shall be equipped with a gauging device and drain valve. A maximum oil level control with alarm should be installed.

ww) A separator shall be equipped with a pressure relief valve if the separator can be isolated with shutoff valves.

xx) The condenser system may be cooled by air or water or both. The condenser shall be designed for at least 250 psig. Provision shall be made for purging noncondensibles either manually or automatically.

yy) The condenser shall be equipped with a pressure relief valve if the condenser can be isolated with shutoff valves.

zz) A condenser effluent receiver shall be provided that is equipped with automatic level controls and valving designed to discharge the liquid ammonia to storage, or with a high-pressure liquid drain trap of suitable capacity. The receiver shall be designed for at least 250 psig operating pressure and be equipped with the necessary connections, pressure relief valves, and gauging device.

aaa) Refrigerated containers and pipeline that are insulated shall be covered with a material of suitable quality and thickness for the temperatures encountered. Insulation shall be suitably supported and protected against the weather. Weatherproofing and insulation shall be of a type that will not support flame propagation and will not cause corrosion when wet.

bbb) Each refrigerated storage installation shall have on hand the minimum safety equipment required in Section 215.20.

ccc) In addition to the safety equipment requirement in Section 215.20, each refrigerated storage installation shall have on hand at least two independently supplied, positive-pressure SCBAs and at least two approved encapsulating corrosive chemical suits that are impervious to ammonia. Each shall be designed to accommodate an SCBA.

ddd) A sign with letters of a minimum height of two inches giving the name and telephone number, including area code, of owner, manager or agent of the anhydrous ammonia storage location shall appear at the site entrances to the property or apart from the storage tanks.

History

• Source: Amended at 27 Ill. Reg. 9922, effective July 1, 2003

Chapter I Department of Agriculture

Subchapter e Fertilizers

Part 215 Anhydrous Ammonia, Low Pressure Nitrogen Solutions, Equipment, Containers, and Storage Facilities

8 Ill. Adm. Code 215.95 Tank Car Operations

a) Anhydrous ammonia tank cars shall be transferred only at permanent storage locations into permanent storage containers.

b) Transfer operations shall be performed by a certified competent attendant.

c) Rail track at tank car transfer positions shall be essentially level.

d) Brakes shall be set and the wheels blocked in both directions on all tank cars being loaded or unloaded.

e) Caution signs shall be so placed on the track or car to give necessary warning to persons approaching the car from the open end or ends of the siding. The signs must be of metal or other comparable material at least 12 inches high by 15 inches wide in size, and bear the words, STOP – TANK CAR CONNECTED or STOP – MEN AT WORK, the word STOP being in letters at least 4 inches high. Other words should be in letters at least 2 inches high. The letters must be white on blue background. A car so protected must not be coupled or moved. The signs must remain in place until the tank car valves have been closed and the transfer lines have been disconnected.

f) A standard derail must be properly set and secured in the derailing position between the railroad tank car being loaded or unloaded and other cars being moved on the same track.

g) After a transfer, all valves shall be closed and transfer lines disconnected. Caps or plugs on railroad tank car sample valves, liquid valves, vapor valves, and gauging device valves shall be replaced and made wrench tight. Slip tube gauging devices shall be secured and gauge housings screwed in place. Protective housing covers must be secured and pinned and proper seals put in place when required. Leaks from any source on a tank car shall be stopped before a car may be released to the carrier.

History

• Source: Amended at 40 Ill. Reg. 8704, effective July 1, 2016

8 Ill. Adm. Code 215.100 Systems Utilizing Stationary, Pier-Mounted or Skid-Mounted Aboveground or Underground Non-Refrigerated Storage (repealed)

History

• Source: Repealed at 27 Ill. Reg. 18536, effective November 25, 2003

8 Ill. Adm. Code 215.105 Systems Mounted on Farm Wagons (implements of Husbandry) for the Transportation of Anhydrous Ammonia (repealed)

History

• Source: Repealed at 27 Ill. Reg. 18536, effective November 25, 2003

8 Ill. Adm. Code 215.110 Systems Mounted on Implements of Husbandry for the Transportation of Anhydrous Ammonia

All of Section 215.25 shall apply to this Section unless otherwise stated.

a) This Section applies to containers of 3000 gallons water capacity or less and related equipment mounted on nurse tanks that are used for the transportation of ammonia.

1. Any nurse tank that does not have a legible data plate and has not been recertified in conformance with Transportation Regulations (see Section 215.16) shall be removed from service.

2. Any container or combination of containers on a single running gear, greater than 3000 gallons, that are used for the transportation of anhydrous ammonia and to supply the application device shall be prohibited. This shall exclude cargo tanks used for transportation only.

b) Containers shall be constructed in accordance with Section 215.25. The shell or head thickness of any container shall not be less than 3/16 of an inch. All containers over 500 gallons capacity should be equipped with semi-rigid baffle plates.

c) A suitable "stop" or "stops" shall be mounted on the farm wagon or on the container in such a way that the container shall not be dislodged from its mounting due to the farm wagon coming to a sudden stop. Back slippage shall also be prevented by proper methods.

d) A suitable "hold-down" device shall be provided that will anchor the container to the farm wagon at one or more places on each side of the container.

e) When multiple containers are mounted on a running gear, the weight shall be distributed appropriately over the axles. Multiple containers mounted on the same running gear must be of the same capacity. All manual shutoff valves shall be located behind the steel bulkhead or permanently affixed in a secure point to provide equivalent protection of the piping from that point to the front of the tank.

f) When the cradle and the container are not welded together, suitable material shall be used between them to reduce abrasion.

g) All containers shall be equipped with a fixed maximum liquid level gauge.

h) All containers shall be equipped with a pressure gauge having a dial graduated from 0 psi to 400 psi.

i) The filling connection of each container shall comply with the requirements of Section 215.40(j).

j) All containers shall be equipped with an approved vapor-equalizing valve unless equipped for spray loading.

k) All vapor and liquid connections, except pressure relief valves and those specifically exempt in Section 215.40(e) and (f) shall be equipped with approved excess flow valves or may be fitted with quick-closing internal valves that shall remain closed except during operating periods. Every tank withdrawal valve shall be protected by an excess flow valve matched to the designed flow rate. Flow capacity of the excess flow valve shall not exceed 45 GPM for 1¼" tank connections and 60 GPM for 1½" tank connections. When using an open yoke type excess flow withdrawal valve in a tank opening, the opening shall not be reduced with bushings to accommodate the withdrawal valve. Each valve shall be tested through the Nurse Tank Inspection Program (NTIP) or be removed and inspected at an interval not to exceed 5 years. Records of the maintenance and inspections shall be kept at the facility for review. All valves shall be in compliance no later than December 31, 2020. Nurse tanks not meeting compliance shall be removed from service.

l) Fittings shall be protected from physical damage by means of a rigid guard designed to withstand static loading in any direction equal to twice the weight of the container and lading using a safety factor of 4 based upon the ultimate strength of the material used. If the guard encloses the pressure relief valve, the valve shall be properly vented through the guard.

m) If a liquid withdrawal line is installed in the bottom of a container, the connections to that line, including hose, shall not be lower than the lowest horizontal edge of the farm wagon axle. The hose shall be drained and depressurized prior to the container being moved or towed on a public road.

n) Provision shall be made to secure both ends of the hose in transit.

o) All containers shall be painted white or a light reflecting color.

p) All containers shall be marked as follows:

1. Placard: Four diamond type, nonflammable gas, UN 1005, USDOT placards shall be displayed (one on each side and one on each end).

2. Marking: The words ANHYDROUS AMMONIA shall appear on each side and each end in letters no less than 2 inches high.

3. Each container shall be marked with the words INHALATION HAZARD in 2 inch letters on 2 opposing sides.

4. The words LIQUID or VAPOR shall be placed on or within 12 inches of the appropriate valve by means of stencil, tag, decal or color coding with a legible legend ORANGE LIQUID and YELLOW VAPOR on the tank.

5. The container need not be marked or placarded on one end if that end contains valves, fittings, regulators or gauges when those appurtenances prevent the markings and placard from being properly placed and visible.

q) Nurse tanks operating on public roads shall be marked with a slow-moving vehicle (SMV) emblem consisting of a fluorescent orange triangle with a red reflective border. The specifications of the SMV shall be the type recommended by ASAE S276.5. Nurse tanks operating on public roads are to travel at speeds less than 25 mph.

r) All nurse tanks shall be securely attached to the vehicle drawing them by means of drawbars supplemented by suitable hitch pins with clips and safety chains permanently attached to the farm wagon.

s) A nurse tank shall be constructed so that it will follow substantially in the path of the towing vehicle and will prevent the towed farm wagon from whipping or swerving dangerously from side to side.

1. Nurse tanks require two safety chains with a combined breaking strength of at least the weight of the laden nurse tank.

2. All nurse tanks shall be securely attached to the vehicle drawing them by means of drawbars supplemented by suitable hitch pins and safety chains that meet the requirements of ASAE S338.2, Safety Chain for Towed Equipment. Reliable keepers for the hitch pin shall be used to prevent its loss. The hitch pin and keeper shall be permanently attached to the nurse tank towbar.

t) A nurse tank shall not be towed or parked in public places such as school yards, malls or hospital grounds.

u) Each person operating, repairing appurtenances to, or inspecting a nurse tank shall wear protective gloves impervious to ammonia and chemical splash goggles. A full face shield may be worn over the goggles; however, a face shield shall not be worn as a substitute for a primary eye protection device (goggles).

v) For first aid purposes each nurse tank shall be equipped with at least 5 gallons of clean water in a container mounted on top or side of the tank designed to provide ready access to the water for flushing any area of the body contacted by ammonia.

w) Prior to the addition of a chemical additive, its compatibility with system components shall be verified by the manufacturer of the additive.

x) Storage of Containers: When a nurse tank containing 10% or more of anhydrous ammonia is at an unattended approved storage site, the manually controlled valves shall be plugged or capped or locked or the nurse tank shall be stored inside a locked, fenced enclosure. Nurse tanks shall be stored no less than 50 feet from the edge of the adjacent road, 200 feet from place of private or public assembly and 750 feet from place of institutional occupancy. All pressure and liquid gauges must be in working order.

y) A back check valve shall be installed on each inlet of each fitting (including, but not limited to, tees and crosses) to prevent the back feed of anhydrous ammonia from an undamaged line to a damaged/severed line. All multiple tank configurations shall have equally rated liquid withdrawal valves on each tank. An excess flow valve with the same rated flow as the aforementioned valves shall be installed at the junction where the lines meet downstream. A shutoff valve shall be installed downstream of the excess flow valve.

AGENCY NOTE: If tanks are not plumbed together, they shall be treated as single tanks. Tanks with equally rated internal valves with remote actuators are exempt from this requirement. Compliance with these requirements shall be achieved through repairs and modifications on or before December 31, 2025.

z) Excess flow valves shall be designed to close automatically at the rated flows of vapor or liquid as specified by the manufacturer. Excess flow valves shall be selected based on the piping, including valves, fittings and hoses being protected by an excess flow valve, and shall have a greater capacity than the rated flow of the excess flow valve, so the valve will likely close in case of delivery system failure at any point in the line or fittings. Any installation of a device that may cause a reduction in pressure to impede the operation of the excess flow valve is prohibited.

aa) All liquid and vapor service valves shall be protected by a threaded cap that must be affixed to the valve housing.

History

• Source: Amended at 44 Ill. Reg. 18281, effective October 29, 2020

8 Ill. Adm. Code 215.115 Systems Mounted on Equipment for the Application of Anhydrous Ammonia

a) This Section applies to systems mounted on farm equipment and used for the field application of ammonia. Section 215.25 applies to this Section unless otherwise noted.

b) The shell or head thickness of any container shall not be less than 3/16 of an inch.

c) All containers shall be securely mounted. Applicators must be secured with hold-down devices the same way as systems mounted on farm wagons transporting anhydrous ammonia.

d) Fixed maximum liquid level gauges shall be used that are designed to indicate when the container has been filled to 85% of its water capacity. The dip tube of this gauge shall be installed in such a manner that it cannot be readily removed.

e) The filling connection of each container shall comply with the requirements of Section 215.40(k).

f) An excess-flow valve is not required in the vapor connection, provided the controlling orifice is not in excess of 5/16 inch in diameter and the valve is a hand-operated (attached hand wheel or equivalent) shutoff valve. To assist in filling applicator tanks, it is permissible to bleed vapors to the open air, provided the preceding requirements are met.

g) Applicators shall be filled at least 100 yards from any occupied building not on an approved site.

h) Metering devices may be connected directly to the tank withdrawal valve. A union-type connection is permissible between the tank valve and the metering device. Remote mounting of metering devices is permissible using hoses that meet specifications.

i) When the applicator or nurse tank is trailed and the metering device is remotely mounted, such as on the tractor tool bar, an automatic break-away, self-closing coupling device shall be used. The coupling device shall be made from or coated with a corrosion resistant material. The coupling device shall be mounted in a manner that will permit the device to swivel freely. A coupling device shall be maintained. An angle valve shall not be used as a hose end valve connecting to the coupling device.

j) No excess-flow valve is required in the liquid withdrawal line provided the controlling orifice between the contents of the container and the outlet of the shutoff valve (see Section 215.40(c)) does not exceed 5/16 in diameter.

k) Any control valve installed between the regulator and the break-away coupling device shall indicate whether the valve is open or closed.

l) Where a ball valve is used to control flow to the metering device, the ball shall be drilled with an opening smaller than No. 54 (0.055 inches) drill size on the downstream side to prevent trapping ammonia in the ball when in the closed position.

m) Each person operating, repairing, or inspecting an applicator shall wear protective gloves impervious to ammonia and chemical splash goggles. A full face shield may be worn over the goggles; however, a face shield shall not be worn as a substitute for a primary eye protection device (goggles).

n) Each applicator tank shall be equipped with the following safety equipment and features: for first aid purposes, at least 5 gallons of clean water in a container designed to provide ready access to the water for flushing any area of the body contacted by ammonia and a legible decal depicting step-by-step ammonia transfer instructions.

o) Instructions for connecting and disconnecting the coupling device shall be displayed in a manner as to be readily visible near the break-away coupling device.

History

• Source: Amended at 44 Ill. Reg. 18281, effective October 29, 2020

8 Ill. Adm. Code 215.120 Equipment for the Application of Anhydrous Ammonia

a) All nurse tank valves shall be closed, the liquid transfer hose shall be bled, and no liquid transfer hose shall be joined between any nurse tank unit and any tool bar during transport upon a public right-of-way.

b) The following requirements apply when liquid transfer hoses are permanently attached to nurse tank units or tool bars:

1. Only the end of the liquid transfer hose, that is attached to a male acme-threaded fitting of the tool bar breakaway device shall be equipped with a straight-type hose end valve with a bleeder valve on its coupling side.

2. The hose end valve specified in subsection (b)(1) shall not be attached to a container fill valve of the same nurse tank unit.

3. A dummy acme adapter or parking plug shall be provided on the nurse tank or tool bar. The dummy acme adapter or parking plug shall be affixed into a position that prevents either end of the hose from being kinked or stowed under undue strain. The hose end valve of the liquid transfer hose shall be connected to the dummy acme adapter or parking plug at all times, except when the transfer hose is used for field application or other active transfer of ammonia through the hose end valve.

c) When nurse tanks are utilized to supply an application device, some means of break-away protection shall be provided, including, but not limited to, the following:

1. The nurse tank hose that crosses the hitching point and attaches to the application device requires installation of the appropriate equipment to protect against an accidental unhitching event. Deployment of the equipment designed to achieve this protection shall be installed and maintained in accordance with the manufacturer's instructions.

2. Multiple breakaway coupling devices mounted on a tool bar shall not interfere with one another in a turn or an unhitching event.

3. When nurse tanks are pulled in tandem, a breakaway coupling device or other means of protection shall be installed at each point where the hose crosses a hitching point. Deployment of the equipment designed to achieve this protection shall be installed and maintained in accordance with the manufacturer's instructions. Compliance with this subsection (c)(3) shall be achieved on or before December 31, 2020.

d) The manufacturer of a tool bar refrigeration unit shall provide with each unit documentation of recommended operation and maintenance procedures for any refrigeration unit manufactured after July 1, 2016.

1. The tool bar refrigeration unit shall be installed, maintained and operated in accordance with the manufacturer's specifications and limitations of use.

2. A manual shutoff valve shall be installed directly upon the inlet of the heat exchanger so that the operator may close the shutoff valve to prevent any backflow of refrigerated ammonia through the delivery line from the heat exchanger unit while connecting, disconnecting or otherwise servicing the tool bar breakaway device.

e) Hose and hose connections located on the low-pressure side of flow control, or pressure-reducing valves on devices discharging to atmospheric pressure, shall be designed for the maximum low-side working pressure. EVA hoses for tool bars shall be inspected for leaks and documented prior to each application season. The hoses shall not exceed the service life specified by the tubing manufacturer and shall comply with the properly rated operating pressure specified by the equipment manufacturer.

f) Any application device designed to tow two nurse tanks with a total static capacity greater than 4000 gallons shall employ the following:

1. The device shall include two separate distribution systems on the tool bar, one for each nurse tank.

2. The device and/or nurse tanks shall have enhanced protection systems that include the capability for emergency shutoff with immediate response. In addition, other systems may be deployed pending approval by the Department.

g) The hose length from the towed implement mechanically secure point to the break-away coupler on the towing implement shall have sufficient length to allow break-away couplers to articulate freely but prevent the hose from contact with the nurse tank tongue. This shall be achieved without securing the hose mechanically through the use of chains, elastomeric straps, wire ties or other means, by December 31, 2020. New technologies and methods that allow for mechanical hose securement that do not affect the coupler functionality will be accepted, but may later be denied for observed "non-performance".

History

• Source: Amended at 44 Ill. Reg. 18281, effective October 29, 2020

8 Ill. Adm. Code 215.125 Administrative Hearings

Decisions of the Department in implementing this Part are subject to the Illinois Administrative Procedure Act [5 ILCS 100] and the Department's rules pertaining to administrative hearings (8 Ill. Adm. Code 1).

History

• Source: Section 215.125 renumbered from Section 215.120 at 40 Ill. Reg. 8704, effective July 1, 2016

Chapter I Department of Agriculture

Subchapter e Fertilizers

Part 215 Anhydrous Ammonia, Low Pressure Nitrogen Solutions, Equipment, Containers, and Storage Facilities

8 Ill. Adm. Code 215.200 General

a) Nitrogen fertilizer solutions are divided into subcategories as follows:

1. Aqua ammonia solution (Ammonium Hydroxide) is an aqueous solution of anhydrous ammonia generally containing from 18 to 30 percent of ammonia (NH3) by weight and having a vapor pressure usually varying from 0 to 10 psig at 104 degrees Fahrenheit (F). Aqua ammonia may be handled in free-vented nurse and applicator tanks provided the time between filling and application into the ground is held to a minimum. Freezing point of a 25 percent aqua ammonia solution is approximately -67 degrees F. while higher percentages will have lower freezing points. Specific gravity usually ranges from .89 to about .93 depending upon temperature and concentration.

2. Low pressure nitrogen fertilizer solution is an aqueous solution of ammonia nitrate and/or urea and/or sodium nitrate and/or other nitrogen carriers, containing various quantities of free ammonia exceeding 2 percent by weight. Vapor pressure usually ranges from 0 to 30 psig at 104 degrees F. although for direct application the range is usually from 0 to less than 20 psig. These solutions shall be stored in pressure-vented tanks equipped with safety pressure relief and vacuum relief valves. Application and nurse tank equipment may be free vented for some of these solutions provided the time between filling and application is held to a minimum. Saturation temperature usually ranges from below -40 degrees F. to +65 degrees F. Specific gravity usually varies from 0.90 to 1.20.

b) In the interest of safety, personnel storing and handling nitrogen fertilizer solutions should be knowledgeable in the safe control and handling of these solutions. The Department conducts a training program in nitrogen safety procedures.

c) Ammonia vapor has a pungent odor which serves as its own warning agent. Ammonia vapor is lighter than air. Out-of-doors handling and adequate ventilation are best means of preventing accumulation. The flammable limits to free ammonia are from 16 to 25 percent by volume in air. Experience has shown that ammonia is extremely hard to ignite in spite of these theoretical limits and is generally considered to be a non-flammable gas. Ammonium nitrate starts to decompose at temperatures above 410 degrees F. Welding should not be attempted on any system which has contained nitrogen fertilizer solutions without proper preparation (see 8 Ill. Adm. Code Section 215.Table D).

8 Ill. Adm. Code 215.205 Definitions

a) The terms defined in 8 Ill. Adm. Code Section 215.15 shall pertain to the rules in this Subpart. The term "nitrogen fertilizer solution" should be substituted in lieu of the term "anhydrous ammonia" where it appears in those definitions.

b) In addition to terms defined in 8 Ill. Adm. Code Section 215.15, the following terms shall apply to this Subpart:

1. "Closed system" refers to a transfer system which will return displaced vapor to the tank from which the liquid is being discharged.

2. "Filling volume" is defined as the percent ratio of the liquid in a container to the volume of the container.

3. "Free vented" as used means the system is permanently open to the atmosphere. No shutoff or check valve is allowed in such opening.

4. "Hold-down devices" refers to chains or metal straps or cables.

5. "Hold to a minimum" means the product should be loaded in anticipation of sale into the nurse tanks and delivered to the consumer for use without being stored in nurse tanks waiting for a consumer order.

6. "Nitrogen fertilizer solutions" refers to compounds (ammonium nitrate, urea, sodium nitrate, and other nitrogen carriers) formed by the combination of free ammonia and water with or without other nitrogen salts. Nitrogen fertilizer solutions includes all liquid containing more than 2% free ammonia and/or having 5 psig. It does not include material containing over 1% of phosphorous and/or potassium which is used as plant food.

7. "Pressure vented" is a system equipped with a pressure relief valve or a combination pressure-vacuum relief valve.

8. "Vacuum" refers to ounces per square inch of pressure below atmospheric pressure.

9. "Vapor pressure," unless otherwise specified, shall refer to the pressure developed by the solution at temperature specified.

8 Ill. Adm. Code 215.210 Application of Rules

a) These rules apply to the design, location, construction, installation and operation of distribution systems utilizing nitrogen fertilizer solutions or aqua ammonia converters.

b) 8 Ill. Adm. Code Sections 215.215 through 215.260 apply to all sections unless otherwise specified.

c) 8 Ill. Adm. Code Section 215.265 applies to storage installations for nitrogen fertilizer solutions.

d) 8 Ill. Adm. Code Section 215.270 applies to systems mounted on tank trucks, semi-trailers and trailers for transportation of nitrogen fertilizer solutions.

e) 8 Ill. Adm. Code Section 215.275 applies to systems mounted on vehicles and implements of husbandry for the transportation of nitrogen fertilizer solutions.

f) 8 Ill. Adm. Code Section 215.280 applies to systems mounted on farm vehicles for the application of nitrogen fertilizer solutions.

8 Ill. Adm. Code 215.215 Requirement of Construction and Original Test of Containers

a) Containers shall be constructed of a material suitable for use with nitrogen fertilizer solutions.

b) Nitrogen fertilizer solution containers shall be designed to withstand at least the maximum pressure to which they may be subjected.

c) Containers in excess of 3,000 gallons and designed for 15 psig or greater shall be constructed in accordance with The Code.

d) Pressure-vented containers not covered by The Code shall be tested by the manufacturer at one and one-half (1½) times the design working pressure.

e) Nitrogen fertilizer solution containers of 3,000-gallon capacity or less shall be clearly and permanently labeled as follows:

1. Name and location of manufacturer.

2. Design pressure (if pressure vented).

f) Nitrogen fertilizer solution containers in excess of 3,000 gallons shall be clearly and permanently labeled as follows:

1. Name and location of manufacturer.

2. Design pressure (if pressure vented).

3. Serial number.

4. Nominal water capacity in U.S. gallons.

5. Year of manufacture.

8 Ill. Adm. Code 215.220 Capacity of Containers

Individual container capacity shall be limited only by good engineering practice (according to The Code).

8 Ill. Adm. Code 215.225 Container Valves and Accessories

a) Shutoff valves and appurtenances shall be of material suitable for use with the nitrogen fertilizer solution being handled and designed for not less than the maximum pressure to which they may be subjected.

b) Except for safety pressure and vacuum relief connections and vents, connections to pressure-vented containers shall have shutoff valves located as close to the container as practicable.

8 Ill. Adm. Code 215.230 Piping, Tubing and Fittings

a) All piping, including tubing, fittings, gaskets, and packing, shall be made of material suitable for use with nitrogen fertilizer solutions and designed for the maximum pressure to which they may be subjected.

b) Screwed joints are permissible provided they are able to withstand maximum pressures to which they are subjected. Pipe joint compounds shall be resistant to nitrogen fertilizer solutions and compatible with materials employed.

c) Provisions shall be made in the piping system to compensate for expansion, contractions, jarring, vibration and settling.

d) After assembly, all piping and tubing shall be tested and proved to be free from leaks at a pressure not less than the normal operating pressure of the system. Test procedures shall be conducted in accordance with the Unfired Pressure Vessel Code of the American Society of Mechanical Engineers (The Code) and conducted by a person registered with the Society.

8 Ill. Adm. Code 215.235 Hose Specifications

a) Hose and hose connectors shall be fabricated of materials that are resistant to the action of the nitrogen fertilizer solution being used.

b) Hose and hose connectors shall be designed for at least the maximum pressure to which they may be subjected.

8 Ill. Adm. Code 215.240 Safety Devices

a) Every pressure-vented container shall be provided with one or more safety pressure relief valves. The rate of discharge shall be in accordance with the provisions of 8 Ill. Adm. Code Section 215.Table E.

b) Container safety pressure relief valves shall be set to start-to-discharge at a pressure not to exceed 110 percent of the design pressure of the container.

c) Safety pressure relief valves shall be arranged so the possibility of tampering will be minimized. If the pressure setting adjustment is external, the relief valves shall be provided with means for sealing the adjustment.

d) Shutoff valves shall not be installed between the safety pressure relief valves or the vacuum relief valve and the container. A safety relief valve manifold which allows one valve of two, three, four, or more to be closed and the remaining valve(s) will provide not less than the rate of discharge to allow the proper cubic feet per minute of air in relation to tank capacity as shown in 8 Ill. Adm. Code Section 215.Table A.

e) Each safety pressure relief valve and vacuum relief valve used shall be clearly and permanently marked as follows:

1. The relief setting.

2. The rate of discharge (see 8 Ill. Adm. Code Section 215.Table E).

3. The manufacturer's name and identification number.

f) Connections for venting, such as couplings, flanges, nozzles, and discharge lines, to which relief valves are attached, shall have internal dimensions at least as large in diameter as the relief valve to avoid restriction of flow through the relief valves.

g) Discharge from safety pressure relief devices of permanent storage containers shall be directed in such a manner as to prevent any impingement of escaping gas.

8 Ill. Adm. Code 215.245 Transfer of Liquids

a) A competent attendant shall supervise the transfer of liquids from the time the connections are first made until they are disconnected.

b) Pumps shall be of a material suitable for use with the solution being handled and designed to withstand the working pressure.

c) Air compressors may be used for transfer of nitrogen fertilizer solutions.

1. The air compressor shall be protected with a back flow check valve in the air line to prevent the flow of nitrogen fertilizer solutions or vapor from the container into the air compressor.

2. A relief valve large enough to discharge the full capacity of the compressor shall be connected to the discharge before any shutoff valve.

d) All storage installations shall be equipped with devices so as to minimize tampering while installation is unattended.

e) Containers shall be filled or used only upon authorization of owner or owner's agent.

8 Ill. Adm. Code 215.250 Tank Car Loading and Unloading Points and Operations

a) A sign reading, "Stop – Tank Car Connected" or "Stop – Men at Work," shall be displayed at the active end or ends of the siding while the car is connected for loading or unloading.

b) While tank cars are on siding for loading or unloading, the wheels at both ends shall be blocked on the rails.

c) Tank car loading or unloading site shall be substantially level.

8 Ill. Adm. Code 215.255 Liquid Level Gauging Devices

a) Gauging devices shall be arranged so that the maximum liquid level to which the container may be filled is readily determinable.

b) Gauging devices shall have a design working pressure at least equal to the design pressure of the container on which they are used.

c) Tube type liquid level gauging devices on containers in excess of 3,000 gallons shall be equipped with shutoff valves at the lower connection.

8 Ill. Adm. Code 215.260 Indicating Devices

Because of explosion and extreme corrosion hazard, no thermometers or other devices containing mercury shall be used where there is slightest probability of introducing mercury into nitrogen fertilizer solutions.

8 Ill. Adm. Code 215.265 Storage Installations for Nitrogen Fertilizer Solutions

a) Location of Storage Containers. Permanent storage shall be located outside of densely populated areas. If located within the corporate limits of a village, town or city, written approval of the municipality's governing body shall be submitted to the Department, accompanied by a plot plan, drawn to scale, prior to installing said equipment. Storage tanks installed outside of corporate limits after the effective date of these rules shall not be less than 10 feet from the lot line of the property that has been or may be built on or not less than 400 feet from any school, hospital or other existing places of public and private assembly. A copy of the county's zoning permit or municipality's approval and plot plan shall be submitted to the Department prior to site inspection. The Department will approve sites based upon compliance with this Subpart.

b) Installation of Storage Containers

1. All installation shall be permitted and shall comply with the requirements of 8 Ill. Adm. Code 255.

2. Aboveground containers shall rest on the ground or on foundations in such a manner as to permit expansion and contraction. Every container shall be supported so as to prevent the concentration of excessive loads on the supporting portion of the shell. That portion of the container in contact with the foundation or the ground shall be protected against corrosion in accordance with the Code.

3. Wherever high flood water might occur, the container shall be securely anchored or placed on a pier of a height above the normal high water mark.

c) Protection of Storage Containers and Accessories

1. Containers need not be electrically grounded. When an electrical system exists, such as for lighting or pump motors, the electrical system shall be installed and grounded as recommended by the National Electrical Code (January 1, 1982).

2. Storage container sites shall be kept free of debris and weeds.

3. Information Sign. A sign with letters of a minimum height of 2 inches shall be displayed in a conspicuous place stating the name, address and telephone number of the owner, manager or local agent of the storage location.

d) Safety Equipment. All stationary, pressure-vented storage plants shall have on hand as a minimum the following equipment:

1. A respirator.

2. One pair of rubber or plastic gloves.

3. Readily accessible shower or at least 75 gallons of clean water in an open top container.

4. Tight-fitting, vent-type chemical goggles or a full face shield.

e) Transfer of Nitrogen Fertilizer Solutions

1. In the handling and transfer of nitrogen fertilizer solutions at the storage site, a closed system or an equally effective system that will control objectionable free vapors shall be provided.

2. Transfer of nitrogen fertilizer solutions from trucks, semi-trailer or trailers in excess of 3000-gallon capacity shall be made only at sites approved by the Department (Section 215.255) or at the site of application.

f) Filling Volume. The filling volume of pressure-vented nitrogen fertilizer solution storage containers shall not exceed 95 percent.

History

• Source: Amended at 40 Ill. Reg. 8704, effective July 1, 2016

8 Ill. Adm. Code 215.270 Systems Mounted on Trucks, Semi-Trailers and Trailers for Transportation of Nitrogen Fertilizer Solutions

a) 8 Ill. Adm. Code Section 215.215 applies to this section.

b) Mounting Containers on Trucks.

1. Stops (wood or metal blocks) shall be mounted on the truck, semi-trailer, trailer, or on the container in such a way that the container shall not be dislodged from its mounting due to the vehicle coming to a sudden stop. Back slippage shall also be prevented.

2. Hold-down devices shall anchor the container to the cradle, frame, or chassis in a manner to prevent the container from rolling or bouncing off the vehicle and that will not create undue concentration of stress.

3. Any truck or trailer designed so that the container or containers constitute in whole or part the stress member of the chassis of the vehicle in lieu of a frame shall be constructed to withstand the additional stresses which are imposed. Cradles, when welded, shall be welded to the container by a welder who is registered under The Code and shall be designed to withstand a force in any direction equal to two (2) times the weight of the container when filled with nitrogen fertilizer solution.

4. If a liquid withdrawal line is installed in the bottom of a container, the connections thereto, including hose, shall not be lower than the lowest horizontal edge of the trailer axle.

5. Both ends of the hose shall be secured while in transit.

6. When the cradle and the tank are not welded together, material which will not deteriorate with weather or create a friction shall be used between them to eliminate metal-to-metal friction.

8 Ill. Adm. Code 215.275 Systems Mounted on Vehicles and Implements of Husbandry for the Transportation of Nitrogen Fertilizer Solutions

a) This section applies to containers of 3,000-gallon capacity or less and pertinent equipment (piping, valves and gauges attached to the container) mounted on vehicles and implements of husbandry used for the transportation of nitrogen fertilizer solutions. 8 Ill. Adm. Code Section 215.215 applies to this section.

b) Mounting Containers.

1. A hold-down device shall be provided which will anchor the container at one or more places on each side of the container to the vehicle to prevent its dislodging in event of any sudden stop or start.

2. When containers are mounted on four-wheel trailers, care shall be taken to insure that the weight is evenly distributed over both axles.

3. When the cradle and the tank are dissimilar metals, material which will not deteriorate with weather or create friction shall be used between to eliminate metal-to-metal contact.

c) Container, Valves and Accessories.

1. Each container shall be equipped with a liquid level gauging device.

2. If a liquid withdrawal line is installed in the bottom of the container, the connections thereto, including hose, shall not be lower than the lowest horizontal edge of the vehicle axle.

3. Both ends of the hose shall be secured while in transit.

d) Implements of Husbandry.

1. Implements of husbandry are defined in the Illinois Vehicle Code, Ch. 95½, Para. 1-130.

2. All trailers shall be securely attached to the vehicle drawing them supplemented by safety chains of sufficient size and strength to prevent the towed vehicle parting from the drawing vehicle in the case the drawbar should break or become disengaged.

3. A trailer shall be constructed so that it will follow in the path of the towing vehicle and will prevent the towed vehicle from slipping or swerving dangerously from side to side.

4. All nitrogen fertilizer system vehicles shall carry at least 5 gallons of clean water.

8 Ill. Adm. Code 215.280 Systems Mounted on Vehicles and Implements of Husbandry for the Application of Nitrogen Fertilizer Solutions

a) Working Pressure and Classifications of Containers. Containers shall be constructed in accordance with 8 Ill. Adm. Code Section 215.215.

b) Mounting of Containers.

1. Each container shall be supported so as to prevent the concentration of excessive loads on the supporting portion of the shell.

2. A hold-down device shall be provided which will anchor container to vehicle at one or more places on each side.

3. When the cradle and the tank are of dissimilar metals, material which will not deteriorate with weather or create friction shall be used between to eliminate metal-to-metal contact.

c) Container, Valves and Accessories.

1. Each container shall be equipped with a liquid level gauging device.

2. Flow control equipment may be connected directly to the tank coupling or flange, in which case a flexible connection shall be used between such control equipment and the remainder of the liquid withdrawal system. Flow control equipment not so installed may be connected to the container with a flexible connection.

8 Ill. Adm. Code 215.285 Administrative Hearings

Decisions of the Department in implementing these rules are subject to the Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) and the Department's rules pertaining to administrative hearings as promulgated thereunder (8 Ill. Adm. Code Part 1).

8 Ill. Adm. Code 215.TABLE A Rate of Discharge

Minimum required rate of discharge in cubic feet per minute (CFM) of air for safety relief valves. Discharge measured at 60 degrees F. and atmospheric pressure (14.7 pounds per square inch).

Surface Area Sq. Ft.

CFM

Surface Area Sq. Ft.

CFM

Surface Area Sq. Ft.

CFM

20

258

185

1,600

900

5,850

25

310

190

1,640

950

6,120

30

360

195

1,670

1,000

6,380

35

408

200

1,710

1,050

6,640

40

455

210

1,780

1,100

6,900

45

501

220

1,850

1,150

7,160

50

547

230

1,920

1,200

7,410

55

591

240

1,980

1,250

7,660

60

635

250

2,050

1,300

7,910

65

678

260

2,120

1,350

8,160

70

720

270

2,180

1,400

8,410

75

762

280

2,250

1,450

8,650

80

804

290

2,320

1,500

8,900

85

845

300

2,380

1,550

9,140

90

885

310

2,450

1,600

9,380

95

925

320

2,510

1,650

9,620

100

965

330

2,570

1,700

9,860

105

1,010

340

2,640

1,750

10,090

110

1,050

350

2,700

1,800

10,330

115

1,090

360

2,760

1,850

10,560

120

1,120

370

2,830

1,900

10,800

125

1,160

380

2,890

1,950

11,030

130

1,200

390

2,950

2,000

11,260

135

1,240

400

3,010

2,050

11,490

140

1,280

450

3,320

2,100

11,720

145

1,310

500

3,620

2,150

11,950

150

1,350

550

3,910

2,200

12,180

155

1,390

600

4,200

2,250

12,400

160

1,420

650

4,480

2,300

12,630

165

1,460

700

4,760

2,350

12,850

170

1,500

750

5,040

2,400

13,080

175

1,530

800

5,300

2,450

13,300

180

1,570

850

5,590

2,500

13,520

Surface area = Total outside surface area of container in square feet. When the surface area is not stamped on the name plate or when the marking is not legible, the area can be calculated by using one of the following formulas:

a) Cylindrical container with hemispherical heads area = (overall length in feet times outside diameter in feet times 3.1416)

b) Cylindrical container with semi-ellipsoidal heads. Area = (overall length in feet plus 0.3 outside diameter in feet) times diameter in feet times 3.1416.

c) Spherical Container. Area = Outside diameter in feet squared times 3.1416

Flow Rate SCFM Air = cubic feet per minute of air required at standard conditions, 60 degrees F. and atmospheric pressure (14.7 psia).

The rate of discharge may be interpolated for intermediate values of surface area. For container with total outside surface area greater than 2,000 sq. ft., the required flow rate can be calculated using the formula, Flow Rate SCFM Air = 22.11A degrees .82, where A= outside surface area of the container in square feet.

8 Ill. Adm. Code 215.TABLE B Guide for Selection of Materials for Refrigerated Ammonia Storage Tanks

a) Materials for shell and bottom for tanks of all design pressures shall have ductility at low temperatures equal to or superior to those listed in 8 Ill. Adm. Code Section 215.Table C.

b) When austenitic steels or non-ferrous materials are used, the Code shall be used as a guide for temperature requirements.

c) Materials for nozzles, attached flanges, structural members which are in tension, and other such critical elements shall be selected for the design temperature. This selection shall be based on impact test requirements, or on probabilites such as used for the plate materials listed in 8 Ill. Adm. Code Section 215.Table C.

8 Ill. Adm. Code 215.TABLE C Minimum Material Requirements for Shells and Bottoms of Refrigerated Storage Tanks for Various Temperatures and Thicknesses

Design Temperature

Thickness

Material Spec.

Qualifications to be Added to the Basic Specification

65 F to 25 F, incl. (See Note 1)

Up to ½", incl.

Any approved steel with specified min. T.S. not exceeding 60,000 psi

None

Over ½" to 1", incl.

A-131B (or C)

None

Case 1256

None

A-201 A & B

FGP (Fine grain practice)

Over 1" to 1⅜", incl.

A-131C, Case 1256-

None

A-201 A & B

None

FGP

.

Over 1⅜"

A-131C

Normalized

Case 1256

Normalized

A-201 A & B

FGP, Normalized

Below 25 F to 5 F, incl. (See Note 2)

Up to ½", incl.

Case 1256

None

A-201 A & B

None

Over ½" to 1⅜ ", incl.

A-131B (to 1" max.)

FGP

A-131C

FGP

Case 1256

FGP

A-201 A & B (to 1" max)

FGP, High Mang.*

A-201 A & B (over 1")

FGP, High Mang., Normalized

Over 1⅜ "

A-131C

Normalized

Case 1256

Normalized

A-201 A & B

FGP, High Mang., Normalized

Below -5F to -30F (See Note 3)

Up to ½" incl.

Case 1256

FGP

A-201 A & B

FGP, High Mang.

Over ½" to 1⅜" incl.

A-131B (to 1" max)

FGP, Normalized

A-131C

Normalized

Case 1256

FGP, Normalized

A-201 A & B

FGP, High Mang., Normalized

Over 1⅜"

A-300 Class 1

A-201 A & B only

*Manganese content of 0.70% to 1.0% is preferred in lieu of usual content of 0.80% maximum.

Note 1: The design temperature shall be taken as the lower of the following:

a) The minimum temperature to which the tank contents will be refrigerated.

b) The minimum estimated tank shell temperature due to atmospheric temperatures, considering the effectiveness of the insulation in keeping shell temperatures above expected minimum atmospheric temperature (if expected to be below the refrigerated temperature).

Note 2: For this thickness, temperature category approved steels include all those listed in API 12-C and API 620. Materials for vessels must comply with requirements of the Code and any additional requirements of this table. A-131 steel is not approved by ASME and some Code cases have not been approved by local jurisdictions. All specific materials listed in table are satisfactory for all designs based on API 12-C or API 620.

Note 3: For vessels constructed under the Code with a design temperature below -20F., the impact requirements shall comply with 8 Ill. Adm. Code Section 215.Table B.

8 Ill. Adm. Code 215.TABLE D Repair Welding

a) All containers, piping and appurtenances which have contained or have been in direct contact with nitrogen fertilizer solutions containing ammonium nitrate must be thoroughly cleaned and washed with water (or steam) to eliminate all solid ammonium nitrate before welding or torch cutting may be attemped. Extreme caution should be taken before attempting to weld or torch cut any container when ammonium nitrate could be trapped, for example, in the area between tank shell and a reinforcing plate.

b) All containers, piping, and appurtenances which have contained aqua ammonia (ammonium hydroxide) must be thoroughly vented and thoroughly washed with large quantities of water. After washing, they shall be filled with water to a level higher than area to be welded or repaired.

c) All containers shall be welded in accordance with the Code.

8 Ill. Adm. Code 215.TABLE E Safety Pressure Relief Valves

a) The rate of discharge shall be stamped on the safety relief valve in cubic feet of air per minute at:

1. 60 degrees F.,

2. 14.7 pounds per square inch absolute, and

3. 120 percent of the stamped start-to-discharge setting.

b) Safety pressure relief valves in systems utilizing air compressors for the transfer of nitrogen fertilizer solutions shall have a minimum rate of discharge in cubic feet per minute of air of 120 percent of the compressor manufacturer's maximum rated capacity.

c) Safety pressure relief valves in systems utilizing pumps for transfer of nitrogen fertilizer solutions shall have a minimum rate of discharge of 120 percent of the liquid inflow rate. This can be computed as follows: Liquid pump maximum rated capacity in GPM times 0.16 equals vapor flow in CFM.

Part 217 Anhydrous Ammonia Security Grant Program

8 Ill. Adm. Code 217.10 Purpose

This Part provides regulations for the implementation and operation of a grant program for the purpose of improving safety and security at anhydrous ammonia facilities to prevent anhydrous ammonia theft and inhibit the use of anhydrous ammonia for the purpose of manufacturing methamphetamine while promoting safety for farmers, agribusinesses, farmworkers, neighbors, law enforcement, first responders and members of the public.

8 Ill. Adm. Code 217.20 Applicability

This Part applies to anhydrous ammonia facilities located in Illinois for which a grant application has been filed with the Department for a reimbursable grant to pay a portion of the costs associated with obtaining and implementing approved facility safety and security measures including the utilization of anhydrous ammonia additives, installing tank locking devices, and installation of other security measures to prevent the use of anhydrous ammonia in the illegal manufacture of methamphetamine.

8 Ill. Adm. Code 217.30 Severability

If any provision of this Part or its application to any person or under any other circumstances is adjudged invalid, that adjudication does not affect the validity of this Part as a whole or of any portion not adjudged invalid.

8 Ill. Adm. Code 217.40 Definitions

Except as stated in this Section, or unless a different meaning of a word or term is clear from the context, the definition of words or terms in this Part shall be the same as that applied to the same words or terms in the Department of Agriculture Law of the Civil Administrative Code of Illinois [20 ILCS 205]. For the purposes of this Part, the terms included in this Section shall have the following meanings:

"Act" means Section 205-450 of the Department of Agriculture Law of the Civil Administrative Code [20 ILCS 205/205-450].

"Agribusiness" means any sole proprietorship, limited partnership, co-partnership, joint venture, corporation, or cooperative that operates or will operate a facility or agricultural process located within the State of Illinois that is related to the processing of agricultural commodities (including, but not limited to, the products of aquaculture, hydroponics, and silviculture) or the manufacturing, production, or construction of agricultural buildings, structures, equipment, implements, and supplies, or any other facilities or processes used in agricultural production. "Agribusiness" includes but is not limited to the following:

grain handling and processing, including grain storage, drying, treatment, conditioning, milling, and packaging;

seed and feed grain development and processing;

fruit and vegetable processing, including preparation, canning, and packaging;

processing of livestock and livestock products, dairy products, poultry and poultry products, fish or apiarian products, including slaughter, shearing, collecting, preparation, canning, and packaging;

fertilizer and agricultural chemical manufacturing, processing, application and supplying;

farm machinery, equipment, and implement manufacturing and supplying;

manufacturing and supplying of agricultural commodity processing machinery and equipment, including machinery and equipment used in slaughter, treatment, handling, collecting, preparation, canning, or packaging of agricultural commodities;

farm building and farm structure manufacturing, construction, and supplying;

construction, manufacturing, implementation, supplying, or servicing of irrigation, drainage, and soil and water conservation devices or equipment;

fuel processing and development facilities that produce fuel from agricultural commodities or by-products;

facilities and equipment for processing and packaging agricultural commodities specifically for export;

facilities and equipment for forestry product processing and supplying, including sawmilling operations, wood chip operations, timber harvesting operations, and manufacturing of prefabricated buildings, paper, furniture, or other goods from forestry products; and

facilities and equipment for research and development of products, processes, and equipment for the production, processing, preparation, or packaging of agricultural commodities and by-products.

"Anhydrous Ammonia Facility" means any sole proprietorship, limited partnership, co-partnership, joint venture, corporation, or cooperative that owns, operates or manages an enterprise located within the State of Illinois that is related to the processing or use of anhydrous ammonia.

"Applicant" means a person submitting an application for program funds appropriated under the Act.

"Application" means a written request for program funds containing the required information and attachments.

"Department" means the Illinois Department of Agriculture.

"Director" means the Director of the Illinois Department of Agriculture.

"Eligible Project" means a project that is eligible or approved for funding as defined in Sections 217.70 and 217.100 of this Part.

"Fiscal Year" means July 1 of one year through June 30 of the following year, the fiscal year of the State of Illinois.

"Grant" means an Anhydrous Ammonia Security Grant authorized by the Act and this Part. The grant will be paid as a reimbursement for expenditures made pursuant to a grant agreement

"Grant Agreement" means a written document executed between the grantee and the Department setting forth the terms and conditions of the grant.

"Grant Amount" means an amount that will be paid to a grantee as the State's portion of the project costs (see Section 217.100).

"Grant Cycle" means the two grant application periods during each fiscal year.

"Grantee" means an Illinois person or agribusiness that has been awarded a grant in accordance with the Act and this Part.

"Implements of Husbandry" means a farm wagon-type tank vehicle of not over 3000 gallons capacity, used as a nurse tank supplying the anhydrous ammonia to a field applicator, and moved on highways only for transporting anhydrous ammonia from a local source of supply to farms or fields or from one farm or field to another.

"Nurse Tank" means a mobile vessel designed and constructed for the storage and handling of anhydrous ammonia for legal purposes and that is refilled from permanent foundation storage tanks.

"Person" means, unless limited to an individual by the context in which it is used, a person, corporation, association, trust, partnership, limited partnership, joint venture or cooperative.

"Project" means the activity or program of activities described by the applicant in the application and approved by the Department.

"Representative" means a person designated by the applicant/grantee who is authorized to sign grant applications, grant agreements, grant reports and other documents of the grantee.

"Review Committee" means the committee appointed by the Director to review and evaluate grant applications and make recommendations to the Director for the award of grants.

"State" means the State of Illinois.

"Storage Tank" means a large volume, stationary tank used for holding anhydrous ammonia.

"Total Project Cost" means all necessary and reasonable costs related to the completion of the project as identified in the budget of the grant agreement.

8 Ill. Adm. Code 217.50 Application Requirements

a) All communications relating to the application procedures defined in this Subpart shall be sent to the Illinois Department of Agriculture, Division of Agricultural Industry Regulation, Bureau of Agricultural Products Inspection, State Fairgrounds, P. O. Box 19281, Springfield, Illinois 62794-9281.

b) An application shall be typed or computer generated using the approved format provided by the Department. The application will include identifying information about the applicant, project name and cost estimates, funding request, a description of matching funds and in-kind contributions, and related information.

c) An application shall contain one original and seven copies.

d) An applicant must complete and sign an application before it is submitted to the Department. The application must include information and documents that the applicant believes will support the grant request. Is shall also include any other information the Department may request on a case-by-case basis that will enable the application to be evaluated based on the criteria described in Section 217.120 of this Part.

8 Ill. Adm. Code 217.60 Application Procedures

a) The Department may require the applicant to submit other information reasonably related to a determination of applicant or project eligibility or project feasibility.

b) The Department may request the applicant or representative to present an oral presentation to the Review Committee of the project. That presentation must be made by the project applicant.

8 Ill. Adm. Code 217.70 Eligibility

Any person or agribusiness that owns, operates or manages an anhydrous ammonia facility in Illinois that sells and distributes anhydrous ammonia for agricultural purposes in Illinois is eligible to receive a grant.

8 Ill. Adm. Code 217.75 Pilot Program

For at least FY07, the Department will conduct the Anhydrous Ammonia Security Grant as a pilot program in limited geographic area described in Section 217.80. After that period, the program will be expanded as funding allows.

8 Ill. Adm. Code 217.80 Fund Availability and Submission Deadlines

a) Upon request, the Department will supply applicants with an application package.

b) Applications for funding under the Act will be made available on a schedule determined by the Department to coincide with two standard anhydrous ammonia application seasons, one in the first quarter and one in the third quarter. For FY07, a pilot program will be conducted in the following 21 counties: Adams, Brown, Calhoun, Cass, Christian, Fulton, Greene, Hancock, Henderson, Jersey, Macoupin, Mason, McDonough, Menard, Montgomery, Morgan, Pike, Sangamon, Schuyler, Scott, Warren.

c) If funding allows, the pilot program will be expanded beyond the 21 counties.

d) Public notice of the availability of funding and the application due dates will be published in the State newspaper and on the Department's website. If an application is received but deemed by the Department to be incomplete, it will be returned to the applicant with a statement of inadequacies. A corrected and complete application must be received by the announced deadline. Return of an incomplete application does not change the need to meet the required submission deadline. Applications received after that deadline will be held for the next renewal cycle.

8 Ill. Adm. Code 217.90 Computation of Time

Computation of any period of time prescribed by this Part shall begin with the first business day following the day on which the act, event or development initiating that period of time occurs, and shall continue until the end of the last day, or the end of the next business day if the last day is a Saturday, Sunday or federal or State holiday. When the period of time is 5 days or less, Saturday, Sunday and federal or State holidays shall be excluded in the computation of time. Computation of time shall be determined by the postmark date or the date of hand delivery.

8 Ill. Adm. Code 217.100 Review of Grant Applications

a) Those applications that are deemed complete by the application submission deadline by the Department will be sent to a Review Committee for the review of the grant applications.

b) The Review Committee shall meet and review and evaluate the applications in accordance with the criteria listed in this Section, as applicable:

1. The project has a reasonable assurance of enhancing the safety and security of anhydrous ammonia tanks and storage facilities in Illinois.

2. The applicant demonstrates a personal commitment by providing a 33% applicant, 67% State contribution to the project.

3. An adequate and realistic budget has been projected.

4. The application provides a brief history of the anhydrous ammonia facility and description of problems with anhydrous ammonia theft at the facility and previous attempts to stop the theft.

5. Favorable community support for the project, including support from local law enforcement officials, exists.

6. The application meets the eligibility requirements and the project costs are eligible under the Act.

7. The applicant has established a need for the grant.

8. Geographic location of project. For FY07, the program will be limited to projects located in the counties specified in Section 217.80. After that period, an expanded geographic area will be served, based on available funding.

9. The proposal demonstrates that the applicant will install or utilize more than one type of safety or security device or measure that will result in providing multiple layers of security for ammonia storage tanks or nurse tanks at the facility.

c) If an applicant has received a grant in previous grant cycles and the Department experienced any problems with the applicant's handling of the grant, the Review Committee may evaluate an application based upon the applicant's previous grant performance in the areas of:

1. Accountability;

2. Timeliness; and

3. Effectiveness.

d) After the Review Committee has completed evaluating each application, the Review Committee will submit its recommendations for awarding the grants to the Director. The Director will determine whether an eligible applicant is awarded a grant, as outlined in Section 217.110.

e) The Review Committee may also recommend to the Director that conditions be placed on certain grants, as deemed necessary by the Review Committee.

8 Ill. Adm. Code 217.110 Award of Grants

a) The Director may accept or reject the Review Committee's recommendations. The Director may impose additional or lesser requirements for the grant as deemed necessary and may change the amount of the grant recommended by the Review Committee. The Director has final decision-making authority on the awarding of grants. The Director's decision on the granting of funds is a final decision of the Department subject to the Administrative Review Law [735 ILCS 5/Art. III].

b) If the Review Committee recommends to award a grant less than the amount requested, and the Director concurs, the Department shall confer with the applicant to determine whether a reduction in the grant request will preclude the applicant from performing the project's stated or modified scope of work. The Director will consider the applicant's response in deciding whether to award a grant for that project.

8 Ill. Adm. Code 217.120 Grant Agreement

a) When a grant has been awarded, the grantee and the Department shall execute an agreement. The grant will be subject to the requirements of the Illinois Grant Funds Recovery Act [30 ILCS 705]. The project shall not be initiated and costs shall not be incurred prior to a grant agreement being executed.

b) The agreement shall meet at least the following requirements:

1. Be signed by the Department and the representative of the grantee;

2. Specify that payment will be made on a reimbursable basis, what constitutes permissible expenditures of the grant funds, and the financial controls applicable to the grant;

3. Contain a provision that all funds remaining at the end of the grant agreement or the expiration of the period of time grant funds are available for expenditures or obligation by the grantee shall be returned to the Department within 45 days;

4. Contain a recitation of legal authority pursuant to which the agreement is made;

5. Identify the project scope and schedule and the work or services to be performed or conducted by the grantee;

6. Identify the grant amount;

7. Specify the conditions, timing, and manner in which the Department shall pay the grant amount, subject to annual appropriation by the General Assembly;

8. Include the following irrevocable covenants by the grantee:

A) to pay the grantee's portion of the total project cost (see Section 217.130);

B) not to assign or transfer, during the tenure of the grant agreement, any of the rights, duties or obligations of the grantee, without the written consent of the Department;

C) that the grantee shall expend the grant amount only for the purposes of the project as stated in the grant agreement and approved by the Department;

D) that the grantee shall refrain from entering into any written or oral agreement or understanding with any party that might be construed as an obligation of the State of Illinois or the Department for the payment of any funds under the Act;

9. specify the starting and termination dates of the agreement; and

10. specify the dates for submitting progress reports and other requirements.

8 Ill. Adm. Code 217.130 Grantee Contribution

The grantee must provide 33% of the total project cost. The grantee's contribution shall:

a) be identified as intended expenditures in the grant application;

b) not be funds from other Department or State funded grant programs; and

c) be necessary and irrevocably obligated to the project.

8 Ill. Adm. Code 217.140 Maintenance of Records and Audit

a) The grantee must keep records of all activities undertaken in connection with implementation of the grant proposal. The books, records, documents, and accounting procedures and practices of the grantee related to the grant are subject to review by the Department. The grantee must give the Department designee access during normal business hours to all business records related to the project.

b) All financial documents, books, receipts, orders, expenditures, electronic data and accounting procedures and practices of the grantee are subject to examination by or for the Department at any time for 3 years following the completion of the grant.

c) The grantee shall not assess any costs of complying with this Section against the Department.

8 Ill. Adm. Code 217.150 Inspection

During the term of a grant, the Department may inspect the operation of the business and any of the grant projects. The grantee shall not assess any costs generated by this Section against the Department.

8 Ill. Adm. Code 217.160 Default or Termination of Grant Agreement

a) If the grantee violates any of the terms of the grant agreement, the Department shall send a written notice to the grantee that the grantee is in default. The grantee will be given the opportunity to correct the violations. If the grantee has not implemented a corrective action plan within 15 calendar days after receipt of the notification, the Director may do one or more of the following:

1. Cease additional grant payments not yet made to the grantee;

2. Terminate the grant agreement;

3. Institute recovery of the grant funds under the Illinois Grant Funds Recovery Act [30 ILCS 705];

4. Take any other action considered appropriate to protect the Department's interest in the project.

b) A grant may be terminated by the Department under, but termination is not limited to, any of the following circumstances:

1. failure to comply with the terms and conditions of the grant agreement;

2. repeated failure to submit required reports;

3. misapplication of grant funds;

4. failure to provide the equity contribution required by Section 217.130;

5. evidence of fraud and abuse;

6. failure to maintain required records;

7. repeated failure to meet performance timelines or standards; and

8. failure to develop and implement a corrective action plan within 15 calendar days after the Department's notice.

c) The Department may terminate the grant, in whole or in part, when the Department determines that the continuation of the project would not produce beneficial results commensurate with the continued expenditures of funds.

d) The Department may terminate the grant, in whole or in part, if the Illinois General Assembly or federal funding source fails to make an appropriation sufficient to pay the obligation or to allow the Department to operate as required to fulfill its obligations under the grant, funds are not allocated, or the funds needed by the Department are insufficient for any reason.

e) The recipient may refuse or elect not to complete the grant agreement and terminate the grant. The recipient shall notify the Department of any plans to terminate the grant in advance of the termination, but no later than 10 days after the date upon which performance ceases. The Department shall declare due and payable the total amount of the grant and will cease grant payments for any reimbursement for which the expenditure was made after the date of termination.

8 Ill. Adm. Code 217.170 Administrative Standards for Grant Recipients

a) The grant shall have a period of completion as stated in the grant agreement.

b) Grant funds must be expended or obligated within the period of the grant agreement and in accordance with the Illinois Grant Funds Recovery Act [30 ILCS 705].

c) Payments to the recipient pursuant to a grant are subject to the initiation of an invoice voucher and receipt of an expenditure summary or documentation of expenses.

d) If the grant recipient expends funds contrary to the provisions of the grant agreement, that action shall require the repayment of those funds.

e) Grantee must submit a quarterly report, as specified in the grant agreement, on the financial status of the project and provide narrative reports on the activities and achievement results based on the objectives of the project.

Chapter I Department of Agriculture

Subchapter e Fertilizers

Part 217 Anhydrous Ammonia Security Grant Program

8 Ill. Adm. Code 217.180 Prevailing Wage

Grants awarded under this Part may be subject to the Prevailing Wage Act [820 ILCS 130].

8 Ill. Adm. Code 217.190 Review Committee

a) The Review Committee shall review and evaluate all grant applications based upon the criteria specified in this Part and make recommendations to the Director for the award of grants.

b) The Review Committee shall consist of the Director, or his or her designee or various employees of the Department selected by the Director. The Director or his or her designee shall be the Chairman of the Committee.

c) The Review Committee shall not have any oral or written communication with applicants other than that outlined by Section 217.60(b) after the grant has been accepted for review.

d) Department employees will be appointed by the Director to provide staff assistance to the Review Committee.

8 Ill. Adm. Code 217.200 Conflict of Interest

No member of the Review Committee may participate in, or vote on, a decision of the Review Committee relating to an organization or entity in which that individual has a direct financial interest.

Subchapter f Noxious Weeds

Part 220 Illinois Noxious Weed Law

8 Ill. Adm. Code 220.10 Duty of Every Person

a) It shall be the duty of every person to control the spread of and to eradicate all noxious weeds on lands owned or controlled by him in the State of Illinois.

b) All noxious weeds shall be controlled or eradicated by methods approved and adopted pursuant to the Act and these rules.

8 Ill. Adm. Code 220.20 Duty of Director

It shall be the duty of the Director of Agriculture or his designated representative to enforce the provisions and intent of the Act and these rules.

8 Ill. Adm. Code 220.30 Duty of Each Control Authority

It shall be the duty of each "Control Authority" to carry out its duties and responsibilities as set forth in the Act and these rules.

8 Ill. Adm. Code 220.40 Control Authority Membership

a) The governing body of each county in the State shall be the Control Authority for its respective county and hereafter shall be referred to as the "Control Authority."

b) Each Control Authority shall develop and coordinate a program for the control and eradication of noxious weeds within its boundaries.

8 Ill. Adm. Code 220.50 Definitions

Terms defined for the purpose of this Part, unless the context requires otherwise.

"Act" means the Illinois Noxious Weed Law [505 ILCS 100] .

"Control", as applied to weed control, means to prevent weeds from spreading or being spread by dissemination of seed or other propagating parts.

"Control Authority" means the governing body of each county, and shall represent all rural areas and cities, villages and townships within the county boundaries.

"Director" means the Director of the Department of Agriculture of the State of Illinois, or his duly appointed representative.

"Eradicate" means the complete killing or destruction of weeds, seeds or other propagating parts of weeds by the use of cutting, chemicals, tillage, cropping systems, pasturing, livestock or crops, or any one or all of these in effective combination.

"Land" means any area capable of sustaining growth of a noxious weed.

"Noxious Weed Control Fund" means the fund established by a Control Authority s authorized in Section 15 of the Act for receiving and disbursing monies collected from a tax levy for weed control and eradication.

"Noxious Weed" means an annual, biennial, or perennial plant propagated by seed or vegetative parts that is designated in this Part as being a noxious weed in accordance with Section 2(5) and Section 4 of the Act.

History

• Source: Amended at 26 Ill. Reg. 14644, effective September 23, 2002

8 Ill. Adm. Code 220.60 Noxious Weeds

The following plants within the sovereign territory of the State of Illinois are designated and declared noxious weeds:

a) Marihuana (Cannabis sativa L.);

b) Giant Ragweed (Ambrosia trifida L.) within the corporate limits of cities, villages, and incorporated towns;

c) Common Ragweed (Ambrosia artemisiifolia L.) within the corporate limits of cities, villages, and incorporated towns;

d) Canada Thistle (Cirsium arvense);

e) Perennial Sowthistle (Sonchus arvensis);

f) Musk Thistle (Carduus nutans);

g) Perennial members of the sorghum genus, including johnsongrass (Sorghum halepense), sorghum almum, and other johnsongrass X sorghum crosses with rhizomes; and

h) Kudzu (Pueraria labata).

History

• Source: Amended at 26 Ill. Reg. 14644, effective September 23, 2002

8 Ill. Adm. Code 220.70 Noxious Weed Description and Control (repealed)

History

• Source: Repealed at 26 Ill. Reg. 14644, effective September 23, 2002

8 Ill. Adm. Code 220.80 Control Authorities' Responsibilities

Each Control Authority shall carry out the duties and responsibilities set forth in the Act and these rules with respect to the land under its jurisdiction. These duties shall include, but not be limited to the following:

a) Establish, under its general direction, a coordinated program for the control and eradication of noxious weeds within its jurisdiction.

b) Examine all land under its jurisdiction for compliance.

c) Compile data on infested areas and areas eradicated.

d) Advise persons responsible for controlling and eradicating noxious weeds of the best and most practical methods of noxious weed control and eradication.

e) Investigate or aid in the investigation and prosecution of violations of the Act.

f) Publish notices for control and eradication of noxious weeds as set forth in the Act and these rules and as prescribed by the Director.

g) Cooperate with Federal, State, and local authorities in carrying out the provisions of the Act and its rules.

8 Ill. Adm. Code 220.90 Weed Control Superintendents Certified by Director; Control Authority to Set Compensation, Bonding, Etc.

Each Control Authority may employ one or more weed control superintendents who must be certified by the Director to carry out the Authority's duties and responsibilities. The Control Authority shall set the rates of compensation, tenure, bonding and reimbursement for travel expenses for each weed control superintendent in its employ.

8 Ill. Adm. Code 220.100 Appointing Weed Control Superintendents

Each Control Authority may appoint or designate one or more weed control superintendents who shall be responsible for the enforcement of the Act and its rules within the Control Authority's jurisdiction.

8 Ill. Adm. Code 220.110 Deadline for Appointing Superintendents

The appointment or designation of weed control superintendents by the Control Authority shall be made by no later than March 15 each year.

8 Ill. Adm. Code 220.120 Submitting Name and Resume of Person Appointed Superintendent to the Director; Application for Weed Control Superintendent Certification

The name and address and a resume of the qualifications of each person appointed as a weed control superintendent shall, within ten days after such appointment, be sent by the county clerk to the Director of Agriculture for his certification of the appointee's qualifications to detect and treat noxious weeds. The form as shown in Illustration A which is supplied by the Department shall be used by the county clerk for this purpose.

8 Ill. Adm. Code 220.130 Superintendent Must Be Familiar with Types of Weeds and Methods of Control

Each person appointed as a weed control superintendent must be familiar with the noxious types of weeds and the recognized methods for their control and eradication. Each appointee must also be capable of being bonded and able to carry out the duties and responsibilities of the appointment. A weed control superintendent engaged in the application of pesticides for the eradication or control of noxious weeds shall be licensed in accordance with the Illinois Pesticide Act [415 ILCS 60].

History

• Source: Amended at 26 Ill. Reg. 14644, effective September 23, 2002

8 Ill. Adm. Code 220.140 Allowable Expenses Set by Control Authority; Expenses Paid from General Fund or Noxious Weed Control Fund

Compensation and allowable expenses for each weed control superintendent shall be set by the Control Authority and paid out of the General Fund of the county until a "Noxious Weed Control Fund" is established as provided for in the Act; therefore, he shall be paid out of the "Noxious Weed Control Fund."

8 Ill. Adm. Code 220.150 Duties of Weed Control Superintendent

The weed control superintendent shall control and eradicate noxious weeds and shall:

a) Examine all lands, highways, roads, alleys, and public grounds in the territory over which the Control Authority has jurisdiction for the purpose of determining if the Control Authority is in compliance with the Act and this Part .

b) Become acquainted with the location of all noxious weeds within the Control Authority area.

c) Through personal contact, by letter, telephone, or other means, encourage noxious weed control or eradication by all persons so responsible within the Control Authority area.

d) Cooperate with other Control Authorities, University of Illinois Extension representatives land owners and users, government entities and others to further the purposes of the noxious weed control program.

e) Investigate complaints received by himself, the Control Authority or the Director. On complaints received and forwarded to him by the Director, the superintendent shall report his findings to the Director.

f) Take samples, pictures, or pressed specimens of the noxious weeds in those cases where he must control such weeds because of the failure of the property owner to act. These samples must be kept and maintained as evidence for a period of at least two years following the application of the control or eradication procedures.

g) Give individual notice in writing on the form prescribed by the Director to the owner, occupant, agent of any owner of non-resident lands, or proper public official requiring noxious weeds to be controlled or eradicated in the manner and within the time or times specified in the notice.

History

• Source: Amended at 26 Ill. Reg. 14644, effective September 23, 2002

8 Ill. Adm. Code 220.160 Written Report by Superintendent to Director

Each weed control superintendent shall on or before the first day of November of each year make a written report to the Control Authority with a copy to the Director. The report shall contain:

a) The name and location of all infestations of noxious weeds, and any new weeds which appear to be a serious pest.

b) A detailed statement identifying the infested tracts which includes the treatment used for eradication of weeds on such tracts together with the cost and results.

c) A detailed summary of the weed situation within his jurisdiction, together with suggestions and recommendations for control and/or eradication.

8 Ill. Adm. Code 220.170 Comprehensive Work Plan for Coming Year Submitted to Director and Control Authority

Prior to December 31 of each year, each weed control superintendent shall prepare and submit to the Control Authority, with a copy to the Director, a comprehensive work plan for the coming calendar year. The plan shall include:

a) A map of the Control Authority area with detailed information as to type and location of noxious weeds.

b) Suggested eradication or control methods for each infestation.

c) Information and dates for general weed notices.

d) Suggested budget for year with justification, including state and federal cooperation when and where applicable.

e) Calendar of events for year.

f) Other material pertinent to the Act and program.

8 Ill. Adm. Code 220.180 General Notices

a) Each Control Authority shall publish general notices to control and eradicate noxious weeds on all areas subject to its jurisdiction. These public notices shall be made on a schedule determined by the Control Authority to secure the best results in the control and eradication program for noxious weeds within the Authority's area of jurisdiction, unless otherwise advised by the Director.

b) General notices shall be published by Control Authorities in accordance with the requirements of Section 9 of the Act, which requires that such notices be published in a newspaper of general circulation within the area of their jurisdiction.

c) The form for general notices shall be as shown in Illustration B of this Part.

History

• Source: Amended at 26 Ill. Reg. 14644, effective September 23, 2002

8 Ill. Adm. Code 220.190 Individual Notices

a) Each Control Authority shall serve individual notices to control and eradicate noxious weeds in accordance with Sections 9, 10, and 21 of the Act.

b) The form for individual notices shall be as shown in Illustration C of this Part.

c) Copies of the notice in Illustration C shall be made available to the following: Landowner; Illinois Department of Agriculture; Control Authority; Tenant, if any; and Mortgage Holder, if any.

History

• Source: Amended at 26 Ill. Reg. 14644, effective September 23, 2002

Chapter I Department of Agriculture

Subchapter f Noxious Weeds

Part 220 Illinois Noxious Weed Law

8 Ill. Adm. Code 220.200 Quarantine of Land; Approval by Director; Notice of Quarantine Form

a) When a Control Authority deems it necessary to quarantine land under the provisions of Section 11 of the Act, it shall immediately request the approval of the Director prior to initiating the quarantine. This written request for approval shall be sent by certified mail to the Director and shall include a complete statement of the conditions that require the quarantine and a description of the area affected.

b) The Control Authority shall also submit to the Director a completed "Notice of Quarantine" for his approval. Upon receipt of this request, the Director shall conduct an investigation to determine whether the quarantine is necessary. Within reasonable time, the Director will notify the Control Authority of his findings and approval or disapproval of the request.

c) The form for a Notice of Quarantine shall be as shown in Illustration D of this Part.

d) Copies of the Notice of Quarantine shall be distributed to the following: Landowner; Illinois Department of Agriculture; Control Authority; Tenant, if any; and Mortgage Holder, if any.

History

• Source: Amended at 26 Ill. Reg. 14644, effective September 23, 2002

8 Ill. Adm. Code 220.210 Noxious Weeds Designated as Capable of Dissemination Through Articles

The following noxious weeds are designated as being capable of dissemination through articles as outlined in Section 220.220.

a) Marihuana (Cannabis sativa L.);

b) Canada Thistle (Cirsium arvense);

c) Perennial Sowthistle (Sonchus arvensis);

d) Musk Thistle (Carduus nutans);

e) Perennial members of the sorghum genus, including johnsongrass (Sorghum halepense), sorghum almum, and other johnsongrass X sorghum crosses with rhizomes; and

f) Kudzu (Pueraria lobata).

History

• Source: Amended at 26 Ill. Reg. 14644, effective September 23, 2002

8 Ill. Adm. Code 220.220 Articles Designated as Capable of Disseminating Noxious Weeds

Articles designated as capable of disseminating noxious weeds include, but are not limited to, the following:

a) Machinery or equipment, particularly combines, hay balers, earth-moving machinery and well drilling rigs;

b) Farm truck and common carriers;

c) Grain or seed;

d) Hay, straw, or other material of similar nature;

e) Nursery stock and sod;

f) Seed and screenings sold for livestock feed;

g) Fence posts, fencing or railroad ties;

h) Manure, fertilizers, or material of similar nature; and

i) Soil.

History

• Source: Amended at 26 Ill. Reg. 14644, effective September 23, 2002

8 Ill. Adm. Code 220.230 Removal of Articles or Weeds from Premises; Treatment

An article, infested with noxious weeds, noxious weed seed, or other propagating part of a noxious weed, shall not be moved from the premises where the infestation occurred without permission of the Control Authority, unless such article is properly treated or transported as follows:

a) A threshing machine, combine, seed huller, hay baler, or any other equipment used in the harvesting of crops must be cleaned by removing all loose material, by sweeping or by blowing, or by any other manufacturer suggestions for cleaning the machine.

b) Seed, grain screenings or feed must be contained in leak or scatter proof containers. Screenings or any other material shall not be sold or furnished to a person except when delivered for the purpose of destroying the viability of the noxious weed, noxious weed seed or other propagating part present within the noxious weed or noxious weed seed. Seed or livestock feed shall not be sold or furnished until properly processed. All trucks, vehicles or other common carriers having carried such infested materials shall be thoroughly cleaned before placing the vehicles or receptacles in service again.

c) Grain, seed or screenings sold for livestock feed, nursery stock, fence posts, fencing, railroad ties, hay, straw, or other materials of a similar nature that contain or are impregnated with noxious weed seed, or parts of the plant that could cause new growth, shall not be removed from the premises upon which it is located until cleaned of weed seed or plant parts.

d) Soil or sod, manure or fertilizer, or material of a similar nature that contains noxious weed seed or parts of the plant that could cause new growth shall not be removed from the premises upon which it is located, unless removed in such a manner or to a place as not to cause the spread of noxious weeds.

History

• Source: Amended at 26 Ill. Reg. 14644, effective September 23, 2002

8 Ill. Adm. Code 220.240 Hearing and Procedure on Protest of Charges by Control Authority

a) If any person is dissatisfied with the amount of any charge made against him by a Control Authority for control or eradication work, he may file a written protest with the Director. Such protest shall be filed within 5 days after being advised of the amount of the charge.

b) Upon receipt of a protest, the Director shall set the matter for hearing within 30 days and shall notify the owner and Control Authority at least 10 days prior to the hearing.

c) All hearings shall be conducted in accordance with 8 Ill. Adm. Code 1.

History

• Source: Amended at 26 Ill. Reg. 14644, effective September 23, 2002

8 Ill. Adm. Code 220.250 Severability

If any Section, subsection, sentence or clause of this Part is judged invalid, that adjudication shall not affect the validity of this Part as a whole or any Section, subsection, sentence or clause of this Part not judged invalid.

History

• Source: Added at 26 Ill. Reg. 14644, effective September 23, 2002

8 Ill. Adm. Code 220.ILLUSTRATION A Application for Weed Control Superintendent Certification

STATE OF ILLINOIS

DEPARTMENT OF AGRICULTURE

Bureau of Environmental Programs

P.O. Box 19281

Springfield, Illinois 62794-9281

APPLICATION FOR WEED CONTROL SUPERINTENDENT CERTIFICATION

Please typewrite or print.

Name of Applicant

County in which you live

Telephone Number

Home Address

City

State

Zip Code

Business Name and Address

Telephone Number

Please list all the previous employment for the last five positions. (List most recent job first.)

Employer

(Name and Address)

Date

Started

Date Terminated

Reason for Leaving

A.

B.

C.

D.

E.

Education

High School

Graduated

College

Graduated

Major

Minor

Other Advance Training

Additional Information:

I certify the above information to be true.

Signature

Date

Date Approved:

Approved:

Director

Illinois Department of Agriculture

History

• Source: Amended at 26 Ill. Reg. 14644, effective September 23, 2002

8 Ill. Adm. Code 220.ILLUSTRATION B Public Notice

PUBLIC NOTICE

NOTICE IS HEREBY GIVEN PURSUANT TO THE "ILLINOIS NOXIOUS WEED LAW" to the owners, occupants, agents and public officials in charge or control of any land in ___________________ County that they are required to control or eradicate all NOXIOUS WEEDS growing upon land under their control prior to the blooming, maturing of seed or other propagating of such weeds.

NOXIOUS WEEDS: (List) ___________________________________

__________________________________________________________.

NOTICE IS FURTHER GIVEN that if the persons responsible for the control of any lands in __________________ County fail to comply with the provisions of the Illinois Noxious Weed Law the Control Authority of __________________ County or the Department of Agriculture of the State of Illinois will take any necessary action to control or eradicate such weeds and the cost thereof will be assessed against the owner of the land involved. If unpaid for 6 months or longer, such assessment shall become a lien upon the property.

Date at

County, Illinois, this

day of

,

.

Month

Year

Signed:

Weed Control Superintendent

County Weed Control Authority

8 Ill. Adm. Code 220.ILLUSTRATION C Individual Notice to Control or Eradicate Weeds

___________________ COUNTY WEED CONTROL AUTHORITY

INDIVIDUAL NOTICE TO

CONTROL OR ERADICATE WEEDS

Name

Date

Address

City

Zip

Dear Landowner:

Inspection of lands owned or operated by you and located ___________________________ shows that the noxious weed ___________________ is present on this property. The Illinois Noxious Weed Law defines your duty to control or eradicate these weeds and prevent them from propagating. IN THE EVENT OF YOUR FAILURE TO CONTROL OR ERADICATE THESE WEEDS, THE CONTROL SUPERINTENDENT SHALL ENTER AND HAVE THEM CONTROLLED OR ERADICATED; THE COST OF DOING SO TO BE A LIEN AGAINST THE PROPERTY UNTIL PAID BY THE OWNER. In addition, you shall be subject to a fine of not more than $100 for the first offense and not more than $200 for each subsequent offense.

You are hereby given notice to control or eradicate these weeds within ____________ days from the above date as follows: __________________________________________

Weed Control Superintendent

County Weed Control Authority

The above notice was served on:

by

on the

day of

, 20

.

Signature

History

• Source: Amended at 26 Ill. Reg. 14644, effective September 23, 2002

8 Ill. Adm. Code 220.ILLUSTRATION D Quarantine Notice

______________________ COUNTY WEED CONTROL AUTHORITY

QUARANTINE NOTICE

Name

Date

Address

City

Zip

Dear Landowner:

Inspection of lands owned or operated by you and located _________________________

shows that the noxious weed _____________________ is present on this property. Due to your inability to control this noxious weed and, pursuant to Section 11 of the Illinois Noxious Weed Law, your land has been quarantined. The Control Authority shall enter upon your land and eradicate the noxious weeds and upon completion you will be advised of the cost.

Weed Control Superintendent

County Weed Control Authority

Approved

Director

Illinois Department of Agriculture

Date

The above notice was served on:

by

on the

day of

, 20

.

Signature

History

• Source: Amended at 26 Ill. Reg. 14644, effective September 23, 2002

Subchapter g Seeds

Part 230 Illinois Seed Law

8 Ill. Adm. Code 230.10 Methods of Sampling, Inspecting, Analyzing, Testing and Examining Agricultural, Vegetable, and Other Seeds and Tolerances to Be Followed in the Administration of the Act

The terms used in seed testing and the methods of sampling, inspecting, analyzing, testing and examining agricultural, vegetable and other seeds and the tolerances to be followed in the administration of the Act shall be in accord with those of the Federal Seed Act (7 U.S.C. 1551 et seq.) and/or those adopted effective July 1, 1955 and as subsequently amended by the Association of Official Seed Analysts.

8 Ill. Adm. Code 230.20 Prohibited (primary) Noxious Weed Seeds

The following list of prohibited noxious weed seeds is hereby established:

Common name

Scientific name

Bindweed field

Convolvulus arvensis

Cress, hoary

Cardaria draba

Johnsongrass*

Sorghum halepense

Knapweed, Russian

Centaurea picris

Sowthistle, perennial

Sonchus arvensis

Spurge, leafy

Euphorbia esula

Thistle, Canada

Cirsium arvense

Tussock, Serrated

Nassella Trichotoma

*NOTE: Johnsongrass includes Sorghum Almum (Sorghum almum) and all seeds indistinguishable from Johnsongrass.

History

• Source: Amended at 13 Ill. Reg. 10499, effective June 16, 1989

8 Ill. Adm. Code 230.30 Restricted (secondary) Weed Seeds

The following list of restricted noxious weed seeds is hereby established:

Common name

Scientific name

Buckhorn

Plantago lanceolata

Bullnettle (horsenettle)

Solanum carolinense

Carrot, wild

Daucus carota

Daisy, oxeye

Chrysanthemum leucanthemum

Dock, curled

Rumex crispus

Dodders

Cuscuta spp.

Garlic, wild

Allium vineale L.

Giant foxtail

Setaria faberi

Mustards

Brassica juncea, B. kaber and B. nigra

Onion, wild

Allium canadense L.

Rape, bird

Brassica campestris

Quackgrass

Agropyron repens

8 Ill. Adm. Code 230.40 Label Requirements

The label or tag for each container of agricultural, vegetable or other seeds as defined in the Act shall contain the seed analysis information required in Section 4 of the Act, be in compliance with prohibitions in Sections 5 and 5.1 of the Act, and comply with rules pertaining to labeling required under the Federal Seed Act (7 U.S.C. 1551 et seq.) and the following:

a) The name of the kind or kind and variety for each agricultural seed component present, either separately or collectively in excess of 5 percent of the whole, and the percentage by weight of each in the order of its predominance. Where more than one component is required to be named, the word "mixture" or the word "mixed" shall be shown conspicuously on the label or tag. Except, a blend of two or more varieties of a kind may be sold as a blend or mixture; provided, that:

1. the kind name followed by the statement, "Varieties Not Stated", shall be shown conspicuously on the label or tag, and

2. if the seed comes within the definition of "hybrid" in the Federal Seed Act (7 U.S.C. 1551 et seq.) or Rules (7 C.F.R. 201.2(y) and 201.11a), and as amended in future amendments, the seed may be labeled as "hybrid."

b) Origin (State or foreign country), if known, of alfalfa, red clover, white clover and field corn (except hybrid corn). If the origin is unknown, the fact shall be stated.

c) For agricultural or vegetable seed sold from vehicles, bins or other bulk containers, to which the purchaser has access before buying, to examine the seed and the label thereof, a complete label shall be attached to such vehicle, bin, or other bulk container in a conspicuous place on the exterior of said container or a placard conspicuously displayed with the information required in Sections 4.0 through 5.1 of the Illinois Seed law and this rule. All seed must be packaged in the presence of the purchaser. A label or tag meeting all requirements of the Illinois Seed Law and Rules shall be supplied to the purchaser if the seed is from one container and/or one lot and in quantities of:

1. Agricultural seed or any mixture thereof, 10 pounds or more.

2. Lawn and/or Turf Grass seed or any mixture thereof, 4 pounds or more.

3. NOTE: The labeling requirements for vegetable seeds sold in bulk quantities of 1 pound or more shall be deemed to have been met if the seed is weighted from a properly labeled container in the presence of the purchaser.

d) Net Weight. All net weight labeling shall be consistent with the requirements of the Illinois Weights and Measures Act (Ill. Rev. Stat. 1979, Ch. 147, paragraph 101 et seq.) and its Rules. The net weight information must appear on the container and may also appear on the seed label or tag if desired.

e) Certified Agricultural and Vegetable Seeds. Each such container of certified seed, if offered for sale as certified seed, shall meet all the requirements for agricultural or vegetable seeds and in addition shall have attached thereto a tag issued for such seed by the certifying agency.

f) Sample label For Single Agricultural Seed. The label shown in Exhibit A is for a single agriculture seed and provides for a suitable arrangement of required labeling data. This label may be used for hybrid corn or a special label may be used omitting Origin, Hard Seed, and Total Germination And Hard Seed on the label. The label shown in Exhibit A may be used for mixtures of agricultural seeds by adding extra lines for the components, germination and test dates (under the Kind of Seed). Where grown (origin) is required for alfalfa, red clover, white clover, and field corn (except hybrid corn). If the origin is unknown, the fact shall be stated.

8 Ill. Adm. Code 230.50 Relabeling Seed After Expiration of Germination Date

When agricultural seeds, as defined in the Act, remain in the inventory of a distributor or dealer after the germination test has expired the seed must be removed from sale or relabeled. New percentages of germination, hard seeds or dormant seeds, total germination and hard seed, and the new date of germination may be entered on the labels or tags previously attached to the seed only if these items are inserted in such a way as to be clearly legible and the old percentages of germination, hard seeds or dormant seeds, total germination and hard seed, and date of germination are completely obliterated. In all cases where such changes are necessary, the attachment of new labels or tags is advised. The person upon whose premises the seed is located shall be held responsible for obtaining the new test and for subsequent relabeling of the seed.

History

• Source: Amended at 12 Ill. Reg. 10437, effective July 1, 1988

8 Ill. Adm. Code 230.60 Prohibitions

It is unlawful for any person to sell, offer for sale, expose for sale or transport for sale any agricultural seeds as defined in the Act for seeding purposes within this State without meeting the requirements listed in Sections 4, 5 and 5.1 of the Act and the following:

a) No agricultural seed (including mixture) shall contain or consist of prohibited (primary) noxious weed seeds.

b) No agricultural seed or mixtures of same shall contain restricted (secondary) noxious weed seeds either singly or collectively in greater numbers than the proportions of 1 to 1000 agricultural seeds.

c) The 36 month germination test period for agricultural and vegetable seeds labeled and packed in hermetically sealed containers shall not apply unless all the conditions and standards prescribed in the Federal Seed Act (7 U.S.C. 1551 et seq.) and Rules (7 C.F.R. 201.36(c) through 201.36(e)), and as hereinafter may be amended, have been met.

d) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds and the size of container shall appear on the label.

8 Ill. Adm. Code 230.70 Seed Permit

It is unlawful for any person to sell, offer for sale, expose for sale or transport for sale any seed, as defined in this Act, for seeding purposes within this State without meeting the requirements listed in Section 10 of the Act and the following:

a) Application for a seed permit shall be submitted on a form approved and furnished by the Department of Agriculture and shall be accompanied by a check, draft or money order in the amount provided as follows:

Retail seed dealer .................................................................... $10.00

Wholesale seed dealer ............................................................ $30.00

Seed broker ............................................................................. $30.00

Seed merchant (will be issued both a wholesale

and retail permit)..................................................................... $40.00

Operator(s) of public auction sale or similar type

consignment sale .................................................................... $30.00

b) As a further requirement, any person who does not have a fixed place of business or who is traveling, peddling or is an itinerant, who sells or offers for sale seed in this State shall comply with all the requirements of the Act and the Rules promulgated pursuant thereto.

c) A separate permit shall be required for each location and facility which distributes seed in or into this State and meets the requirements of Section 10 of The Illinois Seed Law (Ill. Rev. Stat. 1987, ch. 5, par. 410).

d) Persons selling, offering or exposing for sale seed of their own production, provided that such seed is sold and delivered only on the farm or premises where grown, are exempt from the permit requirement by Section 10.3(b) of the Act. However, all seed sold by the above-named persons shall be labeled on the basis of tests performed by the Illinois State Seed Laboratory or a commercial seed laboratory personally supervised by a registered seed technologist.

e) Label requirements and tests for labeling shall be in accordance with The Illinois Seed Law and the rules promulgated pursuant thereto.

History

• Source: Amended at 12 Ill. Reg. 10437, effective July 1, 1988

8 Ill. Adm. Code 230.80 Fee Charges for Requested Official Seed Sampling and for Seed Samples Submitted for Purity Analysis, Noxious Weed Test and Germination Test

There are three tests: the purity analysis, which includes an Illinois noxious weed seed examination, the germination test, and the noxious weed seed test.

a) Samples for seed testing shall be tested in the order of receipt during the period between July 1 to June 30 of each year and charges made in accordance with the fee schedule established under Section 230.80.

b) Fee charges for each seed sample submitted for purity analysis shall be as follows:

1. $5.00 each for timothy, clovers, alfalfas, cereal grains, vetch, oil seed crops, such as soybeans, rape, sunflowers and such other oil seed crops, and sudangrass.

2. $6.00 each for redtop, bluegrasses, bentgrasses, smooth brome, ryegrass, fescues, and native grasses (see Section 230.150).

3. Seed Mixtures. The charge for seed mixtures (in which more than one kind of crop seed is present to the extent of 5% or more) is the total of the fee for the kind of crop seed in the mixture having the highest fee and 50% of the fees applicable to the other kinds in the mixture.

4. The charge for kinds not listed will be comparable to a similar kind.

5. The State Seed Laboratory shall not be obligated to analyze for purity and/or test for germination any uncleaned, unprocessed, and other time-consuming sample, or any sample which obviously does not meet State Seed Law requirements.

c) Fee charges for germination tests of seed shall be as follows:

1. $8.00 each for seed mixtures and native grasses (see Section 230.150).

2. $4.00 each for agricultural, vegetable and other seeds as defined in the Act.

d) Fee charges for a noxious weed seed test shall be $5.00 per sample.

e) Samples which do not indicate the test desired will be given both purity analysis and germination test and charged accordingly. Samples submitted for a noxious weed seed test will be given an Illinois noxious weed seed examination unless other states' noxious weed seed examinations are specified.

f) Additional test charges:

1. An additional charge of $15.00 will be made for each "Rush" test sample. When speed is important, a "Rush" order insures that tests are begun the day your sample arrives (except for weekends and holidays).

2. A purity analysis can usually be completed within a few hours unless a complex mixture of seeds is involved. A request for a phone report will be fulfilled. All telephone reports will be made "collect" to person requesting the tests.

g) Billing procedure and analysis invoice:

1. Billing procedure for testing fees. Persons submitting samples will receive a statement for services performed by the State Seed Laboratory at the end of each month.

2. Said seed analysis invoice will be mailed at the end of the month testing was completed. Fees are due and payable 30 days after receipt of invoice.

h) The State Seed Laboratory shall furnish a copy of the laboratory report on an Official Seed Sample to the person from whom the sample was obtained and to the wholesaler when the sample does not meet The Illinois Seed Law (Ill. Rev. Stat. 1987, ch. 5, pars. 401 et seq.) and/or Federal Seed Law (7 U.S.C.A. 1551 et seq. (1973 & West Supp. 1974-1987)) requirements. On Official Samples which do meet the requirements, a laboratory report shall be furnished only to the person from whom the sample was obtained.

i) If requests are made for additional copies of seed test reports on submitted seed samples, there shall be an additional charge of $5.00 per copy.

j) A fee of $25.00 per hour will be charged to persons who request an official sample to be obtained by the Department for purposes of analysis. The rate per hour will commence upon arrival of Department personnel and cease upon the departure of such personnel.

k) The Department will refuse service to persons whose unpaid accounts are 120 days or more past due.

History

• Source: Amended at 12 Ill. Reg. 10437, effective July 1, 1988

8 Ill. Adm. Code 230.90 Sampling in the Administration of the Act

a) General Procedure.

1. In order to secure a representative sample, equal portions shall be taken from evenly distributed parts of the quantity of seed to be sampled. Access shall be had to all parts of that quantity. When more than one trierful of seed is drawn from a bag, different paths shall be followed. When more than one handful shall be taken from a bag, the handfuls shall be taken from well-separated points.

2. Free-flowing seed.

A) For free-flowing seed in bags or bulk, a probe or trier shall be used.

B) For small free-flowing seed in bags a probe or trier long enough to sample all portions of the bag should be used.

3. Non-free flowing seed, such as certain grass seed or uncleaned seed, difficult to sample with a probe or trier, shall be sampled by thrusting the hand into the bulk and withdrawing representative portions. The hand is inserted in an open position and the fingers are held closely together while the hand is being inserted and the portion withdrawn.

4. As the seed is sampled, each portion shall be examined. If there appears to be lack of uniformity, the portions shall not be combined into a composite sample but shall be retained as separate samples or combined as to form individual-container samples to determine such lack of uniformity as may exist.

5. When the portions appear to be uniform, they shall be combined to form a composite sample.

b) Bulk. Bulk seeds shall be sampled by inserting a long probe or thrusting the hand into the bulk as circumstances require in at least seven uniformly distributed parts of the quantity being sampled. At least as many trierfuls or handfuls shall be taken as the minimum which would be required for the same quantity of seed in bags of a size customarily used for such seed.

c) Bags.

1. For lots of six bags or less, each bag shall be sampled. A total of at least five trierfuls shall be taken.

2. For lots of more than six bags, five bags plus at least 10 percent of the number of bags in the lot shall be sampled. (Round off numbers with decimals to the nearest whole number, raising 0.5 to the next whole number.) Regardless of the lot size, it is not necessary to sample more than thirty bags. Example:

No. Bags in Lot .................................

7

10

23

50

No. Bags in Sample...........................

6

6

7

10

No. Bags in Lot .................................

100

200

300

400

No. Bags in Sample...........................

15

25

30

35

3. Samples shall be drawn from unopened bags, when available. Samples may be drawn from open bags if unopened bags are not available and the identity of seed has been preserved. When sampling open bags, probe the lower portion of the bag if possible. The seed near the opening of the bag may be contaminated by customers and others. Check the name of the kind and the lot number of each bag before probing to avoid mixing lots.

d) Small Containers. In sampling seed in small containers which it is not practical to sample as required in subsection (c), entire unopened containers may be taken in sufficient number to supply a minimum size sample as required in subsection (e) of this Section. The sample may consist of the contents of one container, or two or more containers when combined.

e) Size of Sample. The following are minimum sizes of samples of agricultural seed to be submitted for purity analysis and germination test. For germination test only submit one-half the following required quantities:

1. Two ounces (56 grams) of grass seed such as timothy, redtop, bluegrass, or seeds not larger than these.

2. Five ounces (140 grams) of red clover, sweetclover, alsike, alfalfa or seeds of similar size.

3. Eight ounces (224 grams) of fescue, ryegrass or seeds of similar size, except 12 ounces (336 grams) of smooth brome.

4. Thirty-six ounces (1000 grams) of wheat, rye, barley, soybeans, corn, or seeds of similar or larger size.

5. Vegetable seed samples shall consist of at least 400 seeds per sample for germination purposes.

f) Information to be Given on Sample for Testing.

1. Name and address of owner.

2. Kind of seed.

3. Variety (if known).

4. Lot number or other stock identification.

5. Year grown, month of harvest (if known), and where grown.

6. Type test desired (whether purity only, germination only, or both.

7. Information as to year grown, month of harvest (if known), and where grown must accompany each sample of seed sent for testing. If the seed is old and only a check of germination is desired, the analyst will not waste time and delay your laboratory report, in retesting if first germination percentage is low. The State Seed Laboratory also needs this information on new seed since some must be prechilled for germination.

g) Forwarding Samples to Seed Laboratory.

1. Samples of seed on which tests are desired should be sent to the Illinois Department of Agriculture, Division of Plant Industries and Consumer Services, Bureau of Laboratories, State Fairgrounds, P.O. Box 19281, Springfield, Illinois 62794-9281. Each sample should be carefully identified with the kind, variety, and lot number of the seed it represents and the name and address of the person submitting the sample. Be sure your seed packets are break-proof and sift-proof. Send your samples by first class mail or parcel post.

2. Specific instructions must be provided concerning the type of test or analysis desired. Also if there are any special instructions for billing, providing extra copies of the report, "Rush" test, etc., they should be indicated either on the sample container or in the covering letter.

3. The time required for testing depends upon two factors. One is the number of other samples being received by the laboratory at the time the sample arrives and the other is the time required to complete the test requested. Usually tests can be started within 1 to 3 days after the sample is received. However, during the heavy testing period, January – February – March – April, this may be extended to a week or more before samples can be tested. The time required for germination tests may be as long as a month or more for some kinds of seed. The average germination testing period is between 7 to 10 days.

History

• Source: Amended at 12 Ill. Reg. 10437, effective July 1, 1988

8 Ill. Adm. Code 230.100 Labeling Treated Seed

All seed treated as defined in Section 4 of the Act shall be labeled to show the following:

a)

1. Contents of label. Any agricultural seed or any mixture thereof or any vegetable seed or any mixture thereof for seeding purposes that has been treated shall be labeled in type no smaller than 8 points to indicate that the seed has been treated and to show the name of any substance or a description of any process (other than application of a substance) used in such treatment in accordance with this rule; for example:

Treated with

(Name of substance or process)

or

treated

(Name of substance or process)

2. If the substance used in such treatment in the amount remaining with the seed is harmful to humans or other vertebrate animals, the seed shall also bear a label containing additional statements as required by paragraphs (c) and (d) of this rule. The label shall contain the required information in any form that is clearly legible and complies with the Act and its rules. The information may be on the analysis tag, or label, or on a separate tag, or it may be printed in a conspicuous manner on a side or top of the container.

b) Name of substance. The name of any substance as required by paragraph (a) of this rule shall be commonly accepted coined, chemical (generic), or abbreviated chemical name. Commonly accepted coined names are free for general use by the public, are not private trademarks, and are commonly recognized as names of particular substances, such as thiram and captan. An example of a commonly accepted chemical (generic) name is hexachlorbenzene.

c) All Highly Toxic Substances.

1. Seed treated with a highly toxic substance, if any amount remains with the seed, shall be labeled to show a representation of a skull and crossbones at least twice the size of the type used for information required to be on the label under paragraph (a) and shall also include in red letters on a background of distinctly contrasting color a statement worded substantially as follows: "This seed has been treated with Poison," "Poison treated," or "Poison." The word "Poison" shall appear in type no smaller than 8 points.

2. Any amount of substances remaining with the seed is considered harmful within the meaning of this rule.

d) Other harmful substances. If a substance, other than one which would be classified as a highly toxic substance under paragraph (c) of this rule, is used in the treatment of seed, and the amount remaining with the seed is harmful to humans or other vertebrate animals, the seed shall be labeled with an appropriate caution statement in type no smaller than 8 point worded substantially: "So not use for food," "Do not use for feed," "Do not use for oil purposes" or "Do not use for food, feed or oil purposes."

e) No treated seed shall be re-packaged and sold without proper warning labels.

f) Any substance used in the treatment of seed grains or seed which might be used for feed or human consumption, which is of a toxic nature, shall be colored so as to be readily discernible as required by rules of the Federal Food, Drug and Cosmetic Act, as amended (21 U.S.C. 301 et seq.).

g) In the case of seed in bulk, the information required on the labels of packaged seed shall appear on the container and the invoice or other records accompanying and pertaining to such seed.

8 Ill. Adm. Code 230.110 Plant Variety Protection Act

a) The Illinois Department of Agriculture through written cooperative agreement with the United States Department of Agriculture is authorized and empowered to carry out the provisions of the "Plant Variety Protection Act" (7 U.S.C. 2321 et seq.) and its Rules (7 CFR 108.1 et seq.).

b) All persons subject to the Plant Variety Protection Act shall keep all such records and seed samples as required by that Act and its Rules.

c) The Department in carrying out the provisions of the Plant Variety Protection Act and its Rules within the State will where applicable use the provisions of the Illinois Seed Law and its Rules.

8 Ill. Adm. Code 230.120 Sampling Small Containers in the Administration of This Act

Seed in small containers shall be sampled by taking the entire unopened containers in sufficient number to supply a minimum size Official Seed Sample as required by the Illinois Seed Law and/or the Federal Seed Act (7 U.S.C. 1551 et. seq.). The contents of a single container or the combined contents of multiple containers of the same lot shall be considered representative of the entire lot of seed sampled. The person who sold, offered, or exposed the seed for sale shall furnish the small containers free of charge for the Official Seed Sample Tests.

8 Ill. Adm. Code 230.130 Hybrid

The labeling of hybrids shall be in accordance with the rules of the United States Department of Agriculture as currently set forth by virtue of the authority of the Federal Seed Act (7 CFR 201.2(y) and 201.11a) Hybrid, and as amended in future amendments.

8 Ill. Adm. Code 230.140 Germination Standards for Vegetable Seeds

The following are minimum germination standards established for vegetable seeds which include any hard seeds in accordance with Section 4.4 of The Illinois Seed Law (Ill. Rev. Stat. 1987, ch. 5, par. 404.4):

PERCENT

Artichoke

60

Asparagus

70

Asparagusbean

75

Bean, garden

70

Bean, lima

70

Bean, runner

75

Beet

65

Broadbean

75

Broccoli

75

Brussels sprouts

70

Burdock, great

60

Cabbage

75

Cabbage, tronchuda

75

Cantaloupe (See muskmelon)

Cardoon

60

Carrot

55

Cauliflower

75

Celeriac

55

Celery

55

Chard, Swiss

65

Chicory

65

Chinese cabbage

75

Chives

50

Citron

65

Collards

80

Corn, sweet

75

Cornsalad

70

Cowpea

75

Cress, garden

75

Cress, upland

60

Cress, water

40

Cucumber

80

Dandelion

60

Eggplant

60

Endive

70

Kale

75

Kale, Chinese

75

Kale, Siberian

75

Kohlrabi

75

Leek

60

Lettuce

80

Muskmelon

75

Mustard, India

75

Mustard, spinach

75

Okra

50

Onion

70

Onion, Welsh

70

Pak-choi

75

Parsley

60

Parsnip

60

Pea

80

Pepper

55

Pumpkin

75

Radish

75

Rhubarb

60

Rutabaga

75

Salsify

75

Sorrel

65

Soybean

75

Spinach

60

Spinach, New Zealand

40

Squash

75

Tomato

75

Tomato, husk

50

Turnip

80

Watermelon

70

History

• Source: Amended at 12 Ill. Reg. 10437, effective July 1, 1988

8 Ill. Adm. Code 230.150 Native Grasses

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

History

• Source: Amended at 12 Ill. Reg. 10437, effective July 1, 1988

8 Ill. Adm. Code 230.160 Grower's Declaration (repealed)

History

• Source: Repealed at 12 Ill. Reg. 10437, effective July 1, 1988

8 Ill. Adm. Code 230.170 Labeling of Seed Distributed to Wholesalers

The labeling of seed supplied to a wholesaler or distributor may be on the invoice or an analysis label attached thereto.

8 Ill. Adm. Code 230.180 Germination as to Mixtures

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.

8 Ill. Adm. Code 230.190 Disclaimers, Limited Warranties and Nonwarranties

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.

8 Ill. Adm. Code 230.200 Use of the Department of Agriculture in Advertising

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.

8 Ill. Adm. Code 230.210 Seed Certifying Agency

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.

8 Ill. Adm. Code 230.220 Uncleaned Seed

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.

History

• Source: Amended at 12 Ill. Reg. 10437, effective July 1, 1988

8 Ill. Adm. Code 230.230 Uncleaned Seed (repealed)

History

• Source: Repealed at 12 Ill. Reg. 10437, effective July 1, 1988

8 Ill. Adm. Code 230.240 Revocation of Permits

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.

8 Ill. Adm. Code 230.250 Refusal to Issue Permit

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.

8 Ill. Adm. Code 230.260 Seed Contract

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.

8 Ill. Adm. Code 230.270 Seed Disposition Report

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.

8 Ill. Adm. Code 230.280 Removal of Seed Permit

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.

8 Ill. Adm. Code 230.EXHIBIT A Example of Label or Tag for Container of Agricultural, Vegetable or Other Seeds

Kind of Seed

Variety

Lot No.

Origin

Germination

%

Pure Seed

%

Hard Seed

%

Other Crop Seed

%

Total Germination And

Insert Matter

%

Hard Seed

%

Weed Seed

%

Date of Test

Noxious Weed Seed (rate of occurrence)

Net Weight*

Name

Address

• 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.

Part 235 Seed Arbitration

8 Ill. Adm. Code 235.10 Term of Office for Review Committee

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.

8 Ill. Adm. Code 235.20 Filing and File Fee of a Complaint

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.

Subchapter h Pests and Plant Diseases

Part 240 Insect Pest and Plant Disease Act

8 Ill. Adm. Code 240.10 Storage and Display of Nursery Stock

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.

History

• Source: Rules and Regulations Relating to The Insect Pest and Plant Disease Act, filed November 17, 1977, effective January 1, 1978

8 Ill. Adm. Code 240.20 Inspection of Shipments of Nursery Stock in Transit

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.

History

• Source: Amended at 7 Ill. Reg. 1764, effective January 28, 1983

8 Ill. Adm. Code 240.30 Infested or Infected Shipments of Nursery Stock; Disposal or Treatment

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.

History

• Source: Amended at 7 Ill. Reg. 1764, effective January 28, 1983

8 Ill. Adm. Code 240.40 Listing of Other States' Certified Nurseries

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.

History

• Source: Amended at 12 Ill. Reg. 8299, effective May 2, 1988

8 Ill. Adm. Code 240.50 Revocation of Certificates

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.

History

• Source: Amended at 33 Ill. Reg. 203, effective January 1, 2009

8 Ill. Adm. Code 240.60 Special Certification: Sales, Trades, and Auctions by Garden Clubs and Social Organizations

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.

History

• Source: Amended at 12 Ill. Reg. 8299, effective May 2, 1988

8 Ill. Adm. Code 240.70 Special Certification: Plants and Nursery Stock Shipped by Individual Residents

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.

History

• Source: Amended at 7 Ill. Reg. 1764, effective January 28, 1983

8 Ill. Adm. Code 240.80 Inspection of Private Premises, Public Grounds and Forest Preserves

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.

History

• Source: Amended at 7 Ill. Reg. 1764, effective January 28, 1983

8 Ill. Adm. Code 240.90 Inspection of Native Trees for Resale

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.

History

• Source: Amended at 12 Ill. Reg. 8299, effective May 2, 1988

8 Ill. Adm. Code 240.100 Refusal to Inspect Nursery

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.

History

• Source: Rules and Regulations Relating to The Insect Pest and Plant Disease Act, filed November 17, 1977, effective January 1, 1978

8 Ill. Adm. Code 240.110 Sale of Nursery Stock Which Is Infected Prohibited

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.

History

• Source: Rules and Regulations Relating to The Insect Pest and Plant Disease Act, filed November 17, 1977, effective January 1, 1978

8 Ill. Adm. Code 240.120 Nursery Certificates Withheld or Qualified Certificates Issued

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.

History

• Source: Amended at 12 Ill. Reg. 8299, effective May 2, 1988

8 Ill. Adm. Code 240.125 Firewood Certificates

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.

c) Intrastate movement of firewood.

1. No person shall buy, sell, or possess untreated firewood more than 50 miles from the source of the firewood.

2. Any firewood being transported more than 50 miles from its source of origin must be:

A) Treated firewood;

B) In its original packaging; and

C) Accompanied by a label approved by the Department stating that the firewood has been heat treated to reach and maintain a minimum core temperature of 140°F (60°C) for at least 60 minutes.

3. The Department-approved label accompanying treated firewood must be displayed on:

A) The bill of sale or lading;

B) The purchase receipt or invoice for bulk shipments or sales; or

C) Any bundle or package.

d) Firewood will only be considered "treated firewood" when it has been heat treated to reach and maintain a minimum core temperature of 140°F (60°C) for at least 60 minutes at a facility that is certified by the Department.

1. Heat treatment must be conducted at a facility that has entered into a compliance agreement with the Department and has received written certification from the Department in one of the following manners:

A) The facility's equipment has been calibrated and verified for accuracy in the presence of the Director or the Director's designee; or

B) The facility has received an annual inspection from a verified kiln service provider as demonstrated by inspection records of calibration and maintenance.

2. The certified facility must maintain records for at least 3 years and shall make records available for inspection by the Director or the Director's designee upon request. Records must document the following information:

A) The treatment method employed;

B) The volume of firewood treated:

C) The duration of the treatment; and

D) The date of treatment.

History

• Source: Amended at 46 Ill. Reg. 17926, effective October 27, 2022

8 Ill. Adm. Code 240.130 Inspection of Shipments for Foreign Countries

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.

History

• Source: Amended at 7 Ill. Reg. 1764, effective January 28, 1983

8 Ill. Adm. Code 240.140 Fee Schedule

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.

d) Special (Requested) Inspections

Effective January 1, 2003, the inspection rate charged for special inspections shall be $25 per hour and the rate charged for individual certificates for special inspections shall be $25 per certificate.

e) Original certificates are required to accompany nursery stock and/or plants and plant products for shipment or sale verifying they are free of insect pests and plant diseases.

1. Effective January 1, 2003 through December 31, 2005, the rate for original certificates shall be $25 each.

2. Effective January 1, 2006 through June 30, 2010, the rate for original certificates shall be $50 each.

3. Effective July 1, 2010 through December 31, 2011, the rate for original certificates shall be $75 each.

4. Effective January 1, 2012, the rate for original certificates shall be $100 each.

f) Firewood Importer Certificates

Effective January 1, 2009, the rate for a firewood importer certificate shall be $25.

History

• Source: Amended at 35 Ill. Reg. 19138, effective November 1, 2011

8 Ill. Adm. Code 240.150 Use of the Department of Agriculture for Advertising (repealed)

History

• Source: Repealed at 7 Ill. Reg. 1764, effective January 28, 1983

8 Ill. Adm. Code 240.160 Administrative Rules (formal Administrative Hearings; Contested Cases; Petitions; Administrative Procedures)

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.

History

• Source: Amended at 33 Ill. Reg. 203, effective January 1, 2009

8 Ill. Adm. Code 240.250 Scope

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.

History

• Source: Amended at 6 Ill. Reg. 3041, effective March 5, 1982

8 Ill. Adm. Code 240.260 Definitions

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.

History

• Source: Amended at 6 Ill. Reg. 3041, effective March 5, 1982

8 Ill. Adm. Code 240.270 Restrictions and Regulated Articles

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.

History

• Source: Amended at 6 Ill. Reg. 3041, effective March 5, 1982

8 Ill. Adm. Code 240.280 Movement of Regulated Articles

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.

History

• Source: Amended at 6 Ill. Reg. 3041, effective March 5, 1982

8 Ill. Adm. Code 240.290 Issuance and Cancellation of Permits, Certificates of Inspection or Compliance Agreements

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.

History

• Source: Amended at 6 Ill. Reg. 3041, effective March 5, 1982

8 Ill. Adm. Code 240.300 Attachment of Certificates, Permits or Agreements

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.

History

• Source: Amended at 6 Ill. Reg. 3041, effective March 5, 1982

8 Ill. Adm. Code 240.310 Inspection and Disposal of Regulated Articles

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.

History

• Source: Ameneded 6 Ill. Reg. 3041, effective March 5, 1982

8 Ill. Adm. Code 240.320 Duration of Quarantine

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.

History

• Source: Amended 6 Ill. Reg. 3041, effective March 5, 1982

8 Ill. Adm. Code 250.10 Definitions

"Act" means the Illinois Pesticide Act [415 ILCS 60].

"Barrier mosquitocide" means a pesticide that is formulated to kill adult mosquitoes and that is applied so as to leave a residual mosquitocidal coating on natural or manmade surfaces. "Barrier mosquitocide" does not include a product that is exempt from registration under the Federal Insecticide, Fungicide, and Rodenticide Act, or rules adopted pursuant to that Act. [415 ILCS 60/4]

"Barrier mosquitocide treatment" means applications of a barrier mosquitocide to a natural or manmade surface. [415 ILCS 60/4]

"Commercial operator" is a licensed operator who works under the supervision of a licensed 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.).

"Licensed commercial applicator" means a certified applicator, whether or not he is a private applicator with respect to some uses, who owns or manages a business that is engaged in applying pesticides, whether classified for general or restricted use, for hire. The term also applies to a certified applicator who uses or supervises the use of pesticides, whether classified for general or restricted use, for any purpose or on property of others excluding those specified by subparagraphs 7 (B), (D), (E) of Section 4 of this Act. [415 ILCS 60/4]

"Licensed operator" means a person employed to apply pesticides to the lands of others under the direction of a "licensed commercial applicator" or a "licensed commercial not-for-hire applicator". [415 ILCS 60/4]

"Mosquito mister" or "residential automatic pesticide misting system" means any device that is designed to be installed on, near, or around the exterior of any residential dwelling or the grounds of a residential dwelling that will automatically spray any pesticide solution at timed intervals for the control of mosquitos. [415 ILCS 60/13.5]

History

• Source: Amended at 50 Ill. Reg. 6036, effective April 15, 2026

Chapter I Department of Agriculture

Subchapter i Pesticide Control

Part 250 Illinois Pesticide Act

8 Ill. Adm. Code 250.20 Registration of Pesticide Dealers Selling Restricted Use Pesticides or Certain Non-Restricted Use Pesticides

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).

b) A separate license shall be required for each person who sells restricted use pesticides in containers of any size, or for each person who sells 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. For the purpose of this subsection, a person shall mean any individual.

c) Testing of 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 consist of a 50-question, multiple choice, closed book examination on the Act and rules. A passing grade shall be when 70 percent of the questions are answered correctly. The pesticide dealer examination will be scheduled at least annually at various regional locations throughout the state. Examinations will also be scheduled by prior appointment at the Springfield office of the Department of Agriculture during normal work hours as set forth in Section 5-635 of the Civil Administrative Code of Illinois [20 ILCS 5/5-635]. A person may make only two attempts to successfully demonstrate competency in any one normal work day.

History

• Source: Amended at 30 Ill. Reg. 12756, effective July 14, 2006

8 Ill. Adm. Code 250.30 Registration of Pesticides

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.

8 Ill. Adm. Code 250.40 Registration of Experimental Use Pesticides

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.

d) The fee for an Experimental Use Permit and the fee to register the pesticide product shall be as set forth in Section 6 of the Act.

e) Distribution, use, storage and disposition of agricultural commodities treated with Experimental Use Pesticides shall be in compliance with provisions of the FIFRA and regulations promulgated thereunder unless specified differently by the terms of the Experimental Use Permit.

History

• Source: Amended at 10 Ill. Reg. 7663, effective April 28, 1986

8 Ill. Adm. Code 250.50 Registration of Special Local Need Pesticides

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.

d) When registering products for SLN, the Director may call upon persons with technical expertise within and outside the Department to review each application to register pesticide to meet a special local need pest condition. The reviewer(s) will advise the Director as to the appropriateness of each registration. The Director may formally constitute a review committee. The Director shall consider the data submitted in the application and the advise of the reviewer(s) when deciding to approve a registration.

e) The Director shall advise each applicant for SLN registration of his/her decision relative to granting or denial of the registration within sixty (60) days of the date the registration was received.

f) SLN registration shall be for a limited period of time sufficient to control the pest but under no circumstances shall the period exceed five (5) years.

g) Pesticides not previously registered with the State which are granted a special local need registration are subject to the fee specified in Section 6 of the Act.

8 Ill. Adm. Code 250.60 Emergency Exemption Registration

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.

c) The Director may grant a specific emergency exemption for pesticide registration to meet emergency conditions.

d) The Director may grant a quarantine emergency exemption to prevent the introduction or spread of a foreign pest into or throughout the State. A foreign pest is a pest not known to occur within the United States or a pest not previously known to be established within the State or the United States.

e) The Director may grant a public health pest emergency exemption to control pests which pose or can be expected to pose a threat to the health of Illinois citizens. The petition to declare such an emergency must be approved by the Director of the Department of Public Health.

f) The emergency exemption registration petition to the Director must be made in accordance with the Rules and Regulations promulgated by the Department of Agriculture under the authority of the Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) and contain the following information:

1. The nature, scope and frequency of the emergency.

2. A description of the pest known to occur, the places or times it may be likely to occur, and the estimated time when treatment must be commenced to be effective.

3. Whether a pesticide registered for the particular use, or other method of eradicating or controlling the pest, is available to meet the emergency, and the basis for such determination.

4. A listing of the pesticide or pesticides proposed for use in the event of an outbreak.

5. Description of the nature of the program for eradication or control. Such description should include:

A) Quantity of the pesticide expected to be applied.

B) Area or place of application.

C) Method of application.

D) Duration of application.

E) Qualifications of personnel involved in such application.

6. Statement of economic benefits and losses anticipated with and without the exemption and other reasonable alternatives.

7. Analysis of possible adverse effects on man and the environment and non-target organisms.

g) The Director may grant a crises exemption registration to meet a pest emergency. A crises exemption may be required when the pest outbreak is unexpected and unpredictable and the time element with respect to application of pest control measures is so critical that a specific exemption petition could not be considered. For crisis exemption, the petition does not need to include support data or information. Within 10 days of granting the crisis exemption the Director must be provided with all the support data and information as specified in Section 250.60(f).

h) The Director may require posting of public notice and/or conducting a public information meeting if the pesticide use poses a hazard to man or the environment.

i) The fee to register a pesticide product shall be as set forth in Section 6 of the Act.

History

• Source: Amended at 10 Ill. Reg. 7663, effective April 28, 1986

8 Ill. Adm. Code 250.70 Method of Becoming Certified Applicators

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.

History

• Source: Amended at 12 Ill. Reg. 12784, effective July 26, 1988

8 Ill. Adm. Code 250.80 Private Pesticide Applicators: Certification, Licensing, Testing and Training

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).

d) Training sessions for private applicators will be conducted as needed on a local basis, usually but not strictly limited to the geographic area of one county. Each training session will be a minimum of three (3) hours duration and must address all general competency standards and current pesticide use information.

e) The closed book examination will consist of questions pertinent to general competency standards (see Section 250.110) for which a correct answer is to be selected for each question from multiple choice answers.

f) Private applicator certification will be granted or denied by the Director after grading of the examination. If a minimum of 70% of the answers are not correct or the information requested on the examination application is not provided, certification will be withheld.

g) Examination/application form and training materials for private applicator certification will be available at the local level at the Director's direction and at the Director's office.

History

• Source: Amended at 12 Ill. Reg. 12784, effective July 26, 1988

8 Ill. Adm. Code 250.90 Commercial Applicator and Commercial Not For Hire Applicator: Certification, Testing and Licensing

a) A person may make application to the Director to become licensed as a licensed commercial applicator or commercial not for hire 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 or commercial not for hire 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 or commercial not for hire 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 times within any six month period.

History

• Source: Amended at 50 Ill. Reg. 6036, effective April 15, 2026

8 Ill. Adm. Code 250.100 Licensed Operator (Commercial Operator and Commercial Not For Hire Operator): Testing and Licensing

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 or licensed commercial not for hire 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 or commercial not for hire 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 times within any six month period.

History

• Source: Amended at 50 Ill. Reg. 6036, effective April 15, 2026

Chapter I Department of Agriculture

Subchapter i Pesticide Control

Part 250 Illinois Pesticide Act

8 Ill. Adm. Code 250.110 General Competency Standards to Be Covered on the Tests

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.

b) Safety – Factors including:

1. Pesticide toxicity and hazard to man and common exposure routes;

2. Common types and causes of pesticide accidents;

3. Precautions necessary to guard against injury to applicators and other individuals in or near treated areas;

4. Need for and use of protective clothing and equipment;

5. Symptoms of pesticide poisoning;

6. First aid and other procedures to be followed in case of a pesticide accident; and

7. Proper identification, storage, transport, handling, mixing procedures and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticide and pesticide containers.

c) Environment – The potential environmental consequences of the use and misuse of pesticides as may be influenced by such factors as:

1. Weather and other climatic conditions;

2. Types of terrain, soil or other substrate;

3. Presence of fish, wildlife and other nontarget organisms;

4. Drainage patterns;

5. Potential groundwater contamination; and

6. Endangered Species.

d) Pests – Factors such as:

1. Common features of pest organisms and characteristics of damage needed for pest recognition;

2. Recognition of relevant pests; and

3. Pest development and biology as it may be relevant to problem identification and control.

e) Pesticides – Factors such as:

1. Types of pesticides;

2. Types of formulations;

3. Compatability, synergism, persistence and animal and plant toxicity of the formulation;

4. Hazards and residues associated with use;

5. Factors which influence effectiveness or lead to such problems as resistance to pesticides; and

6. Dilution procedures.

f) Application techniques – Factors including:

1. Methods of procedure used to apply various formulations of pesticides, solutions, and gases, together with a knowledge of which technique of application to use in a given situation;

2. Relationship of discharge and placement of pesticides to proper use, unnecessary use, and misuse; and

3. Prevention of drift and pesticide loss into the environment.

g) Laws and Regulations – applicable state and federal laws and regulations.

History

• Source: Amended at 12 Ill. Reg. 12784, effective July 26, 1988

8 Ill. Adm. Code 250.120 Technical Category Areas of Pesticide Use

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.

b) Category 2 is Forest Pest Control.

This category includes applicators using pesticides in forests, forest nurseries and forest seed producing areas.

c) Category 3 is Ornamental and Turf Pest Control containing the subcategories as follows:

1. Ornamental Pest Control.

This category includes pesticide applicators applying pesticides in the maintenance and production of trees, ornamental trees, shrubs and flowers.

2. Turf Pest Control.

This category includes pesticide applicators applying pesticides in the maintenance and production of sod and/or turf.

3. Plant Management Pest Control.

This category includes pesticide applicators applying pesticides in the maintenance of portable plants used for interior landscaping and interior design.

d) Category 4 is Seed Treatment Pest Control.

This category includes applicators using pesticides on seeds.

e) Category 5 is Aquatic Pest Control.

This category includes applicators using pesticides purposefully applied to standing or running water, excluding applicators engaged in public health programs for the management and control of pests having medical and public health importance.

f) Category 6 is Right-of-Way Pest Control.

This category includes applicators using pesticides in the maintenance of public roads, electric powerlines, pipelines, railway right-of-way or other similar areas.

g) Category 7 is Industrial, Institutional, Structural, and Health Related Pest Control.

This category is under the jurisdiction of the Illinois Department of Public Health, Structural Pest Control Act [225 ILCS 235] and rules for that Act (77 Ill. Adm. Code 830).

h) Category 8 is Public Health Pest Control.

This category is under the jurisdiction of the Illinois Department of Public Health, except as hereafter provided. Mosquito Pest Control is a category of pesticide applicators using pesticides for the prevention and control of mosquitoes. Pesticide applications may be made on or around, although not limited to structures such as schools and hospitals, industrial and business establishments and adjacent areas, including ditches, canals, low wet areas, and stagnant pools, to prevent or control the spread of mosquito borne diseases and for control of nuisance level populations of pest mosquitoes. In accordance with Section 3(2) of the Act and the Structural Pest Control Act, the examination and training for this category is developed by the Department of Public Health. The examination, certification and licensing of applicants is administered by the Department of Agriculture. No other public health and structural pest control activities in fact or by implication are permitted under this license.

i) Category 9 is Regulatory Pest Control.

This category includes state, federal or other governmental employees who use or supervise the use of pesticides in the control of pesticide enforcement or regulatory activities.

j) Category 10 is Demonstration and Research Pest Control.

This category includes:

1. Individuals who demonstrate to the public the proper use and techniques of application of restricted use or general use pesticides or supervise such demonstration. Included in this group are such persons as extension specialists and county agents, commercial representatives demonstrating pesticide products, and those individuals demonstrating methods used in public programs.

2. persons conducting field research with pesticides and, in doing so, use or supervise the use of restricted or general use pesticides.

k) Category 11 is Soil Fumigation Pest Control.

This category includes applicators using pesticides for soil fumigation.

l) Category 12 is Sewer Root Control.

This category includes applicators using pesticides for the control of roots within sewer systems.

History

• Source: Amended at 24 Ill. Reg. 7191, effective April 27, 2000

8 Ill. Adm. Code 250.130 Surety Bond or Liability Insurance

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.

History

• Source: Amended at 8 Ill. Reg. 855, effective January 5, 1984

8 Ill. Adm. Code 250.140 Interagency Committee on Pesticides

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.

8 Ill. Adm. Code 250.150 Record Keeping

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.

b) Certified commercial applicators and operators shall keep a record of all restricted pesticide usage for two (2) years. The record shall include, but is not limited to, the following for each individual use of a restricted use pesticide:

1. Name of the chemical.

2. USEPA registration number.

3. Amount of chemical concentration per unit treated (e.g., pounds or ounces per acre).

4. Date of application.

5. Use site(s).

History

• Source: Amended at 12 Ill. Reg. 12784, effective July 26, 1988

8 Ill. Adm. Code 250.160 Permits

a) The Director may declare a pesticide sale, use application within or shipment into the State prohibited without prior permit. A permit for sale, use or shipment is required for pesticides that USEPA has ordered registration cancelled or suspended even when such order provides for specific continued use registration, an orderly phase out of uses and/or continued use until current inventories are exhausted.

b) The following pesticides must be accompanied by a permit:

1. Dichloro diphenyl trichlorethane (DDT);

2. Sodium fluoroacetate (Compound 1080);

3. Fluoroacetamide (Compound 1081);

c) A pesticide permit to allow the sale, use application or shipment of any pesticide determined to be a permitted pesticide, when such sale, use, application or shipment is in conjunction with a public health pest control problem or a structural pest control problem, may be issued by the Director of the Department of Public Health after consulting the Director of the Department of Agriculture. In other instances the Director of Agriculture will issue said permit after considering USEPA registration action, information relative to toxicity and environmental hazards, and other factors meriting consideration, including but not limited to, public health and welfare, past performance of applicant and economic matters.

d) Application to sell, use, apply or ship pesticides requiring a permit shall be made to the respective responsible agency on forms provided by that agency.

e) No pesticide permit will be issued contrary to USEPA product registration standards (40 U.S.C. 136a).

f) A pesticide permit will be valid for a limited period sufficient to control the pest but under no circumstances shall that period exceed one year. Such permit will specify the quantity of pesticides permitted, the purpose for which this pesticide is needed, and any conditions imposed by the Director in granting said permit.

g) There is no charge for the pesticide permit.

History

• Source: Amended at 12 Ill. Reg. 12784, effective July 26, 1988

8 Ill. Adm. Code 250.170 Administrative Hearings

All decisions and actions of the Department are subject to the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) and the Department's Administrative Rules (8 Ill. Adm. Code 1) which pertain to administrative hearings, petitions, proceedings, contested cases, declaratory rulings and availability of Department files for public access. Administrative hearings are governed by the Illinois Administrative Procedure Act and Subpart B of the Department's Administrative Rules. The respondent may request and the Department shall grant an administrative hearing sooner than the 10 days notice requirement for contested cases.

History

• Source: Amended at 12 Ill. Reg. 12784, effective July 26, 1988

8 Ill. Adm. Code 250.180 Administrative Penalties

a) For violations of the Act and rules, administrative penalties will be based upon the total violation points as determined by the Use and Violation Criteria as set forth in Section 24.1 of the Act. In no case shall the same or similar violation criteria be assessed penalty points more than once for each violation. [415 ILCS 60/24.1]

b) If the complaint or incident was caused by and the responsibility of the customer or purchaser of the product or service to perform their duties as agreed to either orally or by written contract, then the applicator shall not be subject to the penalty points assessment so long as the applicator has notified the customer or purchaser of their duties to comply with the pesticide use and that the applicator is consistent with that notification to all customers or purchasers. Oral instructions or agreements shall be verified in writing and made available for review at the Department's request.

c) Any person who applies a restricted use pesticide on or within 500 feet of school property during normal hours, except for whole structure fumigation or applies a restricted use pesticide contrary to the pesticide label when the pesticide label is more restrictive than this subsection (c), is in violation of Section 14(3)(F) of the Act, and shall be assessed, at a minimum, the following point values for purposes of determining the appropriate administrative action or penalty authorized by Section 24.1 of the Act [415 ILCS 60/14(3)(F)]:

1. A point value of 10 shall be assessed based upon a "knowingly" degree of responsibility (see Section 24.1(4)(C) of the Act).

2. A point value of 3 shall be assessed based upon "a use contrary to label directions" ("precautionary statements, sites, rates, restricted use requirements") (see Section 24.1(4)(E)(1) of the Act).

d) Any licensed commercial applicator or commercial operator who applies a barrier mosquitocide in violation of the Act or this Part shall be assessed, at a minimum, the following point values for purposes of determining the appropriate administrative action or penalty authorized by Section 24.1 of the Act:

1. A point value of 4 or 10 shall be assessed based upon either a "negligence" or "knowingly" degree of responsibility (see Section 24.1(4)(C) of the Act).

2. A point value of 3 shall be assessed based upon "a use contrary to label directions" ("precautionary statements, sites, rates, restricted use requirements") (see Section 24.1(4)(E)(1) of the Act).

History

• Source: Amended at 50 Ill. Reg. 6036, effective April 15, 2026

Chapter I Department of Agriculture

Subchapter i Pesticide Control

Part 250 Illinois Pesticide Act

8 Ill. Adm. Code 250.190 Formulation Violations of the Label Claim

a) Any product that is under or over formulated according to the following tables shall be subject to Sections 14, 15, 16, and 24.1 of the Act.

b) The allowable under formulation limits are as follows:

1. All products other than those listed in Section 250.190(b)(2) and (3):

If the Active Ingredient

Claim is:

The Minimum Active Ingredient Content of Label Claim Shall be:

Less than 0.51%

80%

0.51-1.00%

85%

1.01-5.00%

90%

5.01-9.99%

92%

10.00-50.00%

94%

50.01-100%

96%

2. Fertilizers/pesticides mixtures, pressed blocks and non-uniform baits:

If the Active Ingredient

Claim is:

The Minimum Active Ingredient Content of Label Claim Shall be:

Less than 1.26%

67%

1.26-5.00%

80%

Over 5.00%

85%

3. Rotenone, pyrethrin and other natural product formulations:

If the Active Ingredient

Claim is:

The Minimum Active Ingredient Content of Label Claim Shall be:

Less than 0.51%

70%

0.51-1.25%

80%

Over 1.25%

85%

c) The allowable over formulation limits are as follows:

1. All ingredients other than those listed in Section 250.190(c)(2):

If the Active Ingredient

Claim is:

The Minimum Active Ingredient Content of Label Claim Shall be:

Less than 0.51%

150%

0.51-5.00%

140%

5.01-10.00%

130%

10.01-50.00%

125%

50.01-100%

115%

2. If the product contains a label claim of 40% sodium fluoride, 2% sodium arsenite, or 1.5% arsenic trioxide, and is intended for household use, the active ingredients shall not exceed the label claim by more than 10% relative.

History

• Source: Added at 12 Ill. Reg. 12784, effective July 26, 1988

8 Ill. Adm. Code 250.200 Reporting of Pesticide Incidents or Misuse Complaints

All pesticide incidents or misuse complaints shall be reported in writing to the Director at the time of occurrence or not later than 30 days after the incident or complaint or within 30 days of when damage or effects as set forth in Section 24.1 of the Act are evident to the complainant.

History

• Source: Added at 12 Ill. Reg. 12784, effective July 26, 1988

8 Ill. Adm. Code 250.210 Special Application of Solid Mosquito Larvicides

a) Any person who receives training pursuant to subsection (b) of this Section from an individual possessing a current category 8 Public Health Pest Control applicator license issued by the Department may apply a mosquito larvicide product for the control of mosquitoes that meets all of the following without further compliance with the licensing provisions of this Part:

1. the signal word contained on the product is “CAUTION”;

2. the product application method is limited to simply placing a pre-packaged solid product, such as briquets, pellets, or granules, at the application site; and

3. a review of the specific product’s label was included in the training program described in subsection (b) of this Section.

b) The training shall be not less than one hour in duration and shall include a review of the product labels, including use restrictions, application rates, application methods, first aid, storage and disposal, potential environmental hazards and any other information deemed appropriate by the trainer for the safe and effective use of the mosquito control materials identified in subsection (a) of this Section.

c) Upon completion of the training, the trainer shall immediately provide to the Department a complete listing, including name, address, telephone number, birth date, and employer, of all individuals who received the training and are thus eligible to apply only the specific mosquito control materials as set forth in this Section.

d) The trainer shall also provide to the Department the date and location of the training, the trainer’s name, address, telephone number, pesticide applicator license number, pesticide applicator license expiration date and a legible copy of the specific product label or labels utilized in the training session.

e) An individual trained to apply a mosquito larvicide under the provisions of this Section may only apply the specific mosquito larvicide or larvicides included in the training described in this Section and may only make applications during the calendar year in which the training was received.

f) For the purpose of this Section, a person shall mean any individual over 18 years of age.

History

• Source: Added at 27 Ill. Reg. 5715, effective March 18, 2003

8 Ill. Adm. Code 250.215 Barrier Mosquitocide Applications

a) No licensed commercial applicator or commercial operator shall apply a barrier mosquitocide between October 16 and April 14 except as provided under subsection (i).

b) No licensed commercial applicator or commercial operator shall apply a barrier mosquitocide without first receiving a certification issued at the direction of the Department after completion of a Department approved residential barrier mosquitocide training program.

c) The residential barrier mosquitocide training program shall not be less than one hour in duration, and shall, at a minimum, include training in the following topics:

1. mosquito control and pollinator protection in the residential environment;

2. requirements for domestic inspections by licensed commercial applicators and commercial operators prior to application of barrier mosquitocides;

3. identification of mosquitoes in areas to be treated with the barrier mosquitocide;

4. distinguishing between species of mosquitoes;

5. mosquito behavior, biology, and life cycle;

6. pesticide-free source mosquito-reduction methods;

7. pesticide drift and the protection of bystanders during pesticide application;

8. pesticide label requirements;

9. proper technique for application of barrier mosquitocides;

10. protection of pollinators from barrier mosquitocides;

11. mosquito-borne diseases;

12. proper use of equipment for application of mosquitocides;

13. use of personal protective equipment during application of barrier mosquitocides; and

14. areas where barrier mosquitocides cannot be applied. [415 ILCS 60/13.4(d)]

d) Certification of barrier mosquitocide training shall be valid for three years.

e) A licensed commercial applicator or commercial operator shall not apply a barrier mosquitocide when wind speeds are greater than or equal to 10 miles per hour. [415 ILCS 60/13.4(c)]

f) A licensed commercial applicator or commercial operator of a barrier mosquitocide shall erect, immediately following application of the barrier mosquitocide, a lawn marker at the usual point or points of entry for residential properties treated with barrier mosquitocides.

1. The lawn marker shall consist of a 4 inch by 5 inch sign, vertical or horizontal, attached to the upper portion of a dowel or other supporting device with the bottom of the marker extending no less than 12 inches above the turf. [415 ILCS 65/3(a)(2)]

2. The lawn marker shall be white and lettering on the lawn marker shall be in a contrasting color. The marker shall state on one side, in letters of not less than ⅜ inch, one of the following: "LAWN CARE APPLICATION – STAY OFF GRASS UNTIL DRY – FOR MORE INFORMATION CONTACT: (here shall be inserted the name and business telephone number of the licensed commercial applicator or commercial operator)" or "BARRIER MOSQUITOCIDE APPLICATION – STAY OFF TREATED SURFACE UNTIL DRY – FOR MORE INFORMATION CONTACT: (here shall be inserted the name and business telephone number of the licensed commercial applicator or commercial operator)". [415 ILCS 65/3(a)(3)]

3. The lawn marker shall be removed and discarded by the property owner or resident, or such other person authorized by the property owner or resident, on the day following the application. The lawn marker shall not be removed by any person other than the property owner or resident or person designated by such property owner or resident. [415 ILCS 65/3(a)(4)]

g) A licensed commercial applicator or commercial operator of a barrier mosquitocide shall provide, upon request, a customer or any person whose property abuts or is adjacent to the property of a customer of a licensed commercial application or commercial operator of a barrier mosquitocide, a copy of the material safety data sheet and approved pesticide registration label for the applied barrier mosquitocide. [415 ILCS 65/3(c)(7)]

1. Any neighbor whose property abuts or is adjacent to the property of a customer of a licensed commercial applicator or commercial operator of a barrier mosquitocide may receive prior notification of a barrier mosquitocide application by contacting the licensed commercial applicator or commercial operator and providing their name, address and telephone number. [415 ILCS 65/3(d)(1)]

2. At least the day before a scheduled application, a licensed commercial applicator or commercial operator of a barrier mosquitocide shall provide notification to a person who has requested notification pursuant to this subsection (g)(1). The notification shall disclose the date and approximate time of application and shall be made in writing, in person, by telephone, or electronic message. [415 ILCS 65/3(d)(2)]

3. If a licensed commercial applicator or commercial operator of a barrier mosquitocide is unable to provide prior notification because of the absence or inaccessibility of the individual at the time of application, the licensed commercial applicator or commercial operator shall leave a written notice at the residence of the person requesting notification, which shall provide the information specified in this subsection (g). [415 ILCS 65/3(d)(3)]

h) No person shall install or use any mosquito mister or residential automatic pesticide misting system.

i) Any barrier mosquitocide treatment made for public health purposes by or on behalf of a mosquito abatement district, public health department, township, municipality, or other unit of local government is exempt from this Section. [415 ILCS 60/13.4(e)]

History

• Source: Added at 50 Ill. Reg. 6036, effective April 15, 2026

Chapter I Department of Agriculture

Subchapter i Pesticide Control

Part 250 Illinois Pesticide Act

8 Ill. Adm. Code 250.220 Special Application of Herbicides to Control Invasive Plants on Public Lands

a) Any person who receives training, pursuant to subsection (b) from an individual possessing a current Category 6 Right-of-Way Pest Control applicator license issued by the Department, after receipt of a certificate issued by the Department, may apply a herbicide product for the control of invasive plants on public lands without further compliance with the licensing provisions of this Part if all of the following are met:

1. The individual providing training pursuant to subsection (b) must be a compensated employee of the organization that has direct control of the public lands upon which the herbicide product applications are to be made;

2. The individual making herbicide product applications under this Section shall not receive compensation for the herbicide product applications. For the purposes of this Section, participation in a supervised conservation job training program shall not be considered as receiving compensation;

3. The signal word contained on the herbicide product is "CAUTION" or "WARNING";

4. The herbicide product to be applied shall not be classified as a "restricted use" pesticide;

5. The herbicide product application method is limited to the method or methods included in the training provided under subsection (b);

6. A review of the specific herbicide product's label must have been included in the training program described in subsection (b);

7. The herbicide product application site or sites are limited to the public lands identified during the training provided under subsection (b) and the public lands must be under the direct control of the trainer who provided the training or the trainer's organization;

8. All mixing of the herbicide product and loading of the herbicide product into any required application device or devices shall be conducted by the trainer who provided the training or other licensed applicator possessing a current Category 6 Right-of-Way Pest Control applicator license issued by the Department; and

9. Each individual making herbicide product applications under this Section shall utilize the personal protective equipment specified on the herbicide product label for handlers during the application activity.

b) The training shall be not less than one hour in duration and shall include a review of the herbicide product labels, use restrictions, application rates, application methods, first aid, potential environmental hazards, personal protective equipment, and any other information deemed appropriate by the trainer for the safe and effective use of the herbicide products that meet the criteria listed in subsections (a)(3) and (4).

c) Upon completion of the training, the trainer shall immediately provide to the Department a complete legible listing, including name, address, telephone number, birth date, and sponsoring organization for whom the herbicide product applications are to be made, of all individuals who received the training and are thus eligible to apply only the herbicide products that meet the requirements of this Section.

d) The trainer shall also provide to the Department the date and location of the training, the trainer's name, address, telephone number, pesticide applicator license number, pesticide applicator license expiration date, trainer's organization, and a legible copy of the specific herbicide product label or labels utilized in the training session.

e) An individual trained to apply a herbicide product under this Section, and only after receiving the certificate issued by the Department, may only:

1. apply the specific herbicide products included in the training described in this Section;

2. make the applications on the public lands identified in the training; and

3. make applications during the calendar year in which the training was received.

f) For the purpose of this Section, a person shall mean any individual over 18 years of age.

History

• Source: Amended at 46 Ill. Reg. 11445, effective June 21, 2022

8 Ill. Adm. Code 250.230 Use of Pesticides Containing Dicamba on Soybeans

In addition to the requirements of the federally-approved labels, all use on soybeans of pesticides containing dicamba shall comply with the following requirements:

a) Temperature Restriction

A pesticide containing dicamba shall not be applied on soybeans if the air temperature at the field at the time of application is over 85 degrees Fahrenheit or if the National Weather Service's forecasted high temperature for the nearest available location for the day of application exceeds 85 degrees Fahrenheit. Local National Weather Service forecasts are available at https://www.weather.gov.

b) Cut-off Date Restriction

Application on soybeans of a pesticide containing dicamba shall not be made after June 20 of each year.

c) Before applying a pesticide containing dicamba on soybeans, the applicator shall consult the FieldWatch sensitive crop registry (https://www.fieldwatch.com) and comply with all associated recordkeeping and label requirements.

d) Application on soybeans of a pesticide containing dicamba shall not be made if the wind is blowing toward:

1. Any Illinois Nature Preserves Commission site that is adjacent to the field of application; or

2. An adjacent residential area.

e) Any violation of the requirements of this Section shall be considered a use contrary to label directions (precautionary statements, sites, rates, restricted use requirements) and shall be assessed the associated point value of 3 (see Section 24.1(4)(E)(1) of the Act [415 ILCS 60]) for purposes of determining the appropriate administrative action or penalty authorized by Section 24.1 of the Act.

History

• Source: Added at 46 Ill. Reg. 6267, effective April 7, 2022

Part 255 Agrichemical Containment

8 Ill. Adm. Code 255.10 Definitions

Definitions for this Part can be located in Section 3 of the Illinois Fertilizer Act of 1961 [505 ILCS 80/3] and Section 4 of the Illinois Pesticide Act [415 ILCS 60/4]. The following definitions shall also apply to this Part:

"Agrichemicals" means pesticides or commercial fertilizers, at an agrichemical facility, non-commercial agrichemical facility, or on-farm storage facility, but does not include anhydrous ammonia fertilizer material.

"Agrichemical facility" means a site used for commercial purposes, where bulk pesticides are stored in a single container in excess of 300 gallons of liquid pesticide or 300 pounds of dry pesticide for more than 30 days per year or where more than 300 gallons of liquid pesticide or 300 pounds of dry pesticide are being mixed, repackaged or transferred from one container to another within a 30-day period or a site where bulk fertilizers are stored, mixed, repackaged or transferred from one container to another.

"Alterations" means permanent changes in activities or processes at an agrichemical facility, non-commercial agrichemical facility, or on-farm storage facility, or changes in stored and handled product mix that do not modify the efficiency of containment structures or systems.

"Commercial" means buying and selling agrichemicals and agrichemical services for compensation.

"Groundwater" means groundwater as defined in the Illinois Groundwater Protection Act [415 ILCS 55].

"Load or loading" means the transfer of formulated pesticide, at agrichemical facilities or non-commercial agrichemical facilities, from facility storage to application equipment, resulting in use dilutions; or the transfer of bulk pesticides to field nursing transportation equipment; or the transfer of liquid fertilizer or dry fertilizer at facilities from facility storage to application equipment and field nursing transportation equipment.

"Mini-bulk container" means a portable container that is designed for transportation and has a capacity of not less than 100 gallons nor more than 660 gallons.

"Modification" means changes in structures, processes or activities at an agrichemical facility, non-commercial agrichemical facility, or on-farm storage facility, that alter the efficiency of containment structures or systems, i.e., changes in capacity.

"New" means an agrichemical facility, non-commercial agrichemical facility, or on-farm storage facility, not in existence at the time of adoption of this Part or that undergoes modification where the fixed capital cost of construction exceeds 50% of the fixed capital cost of a comparable entirely new facility and such modification occurs within a two-year period.

"Non-commercial agrichemical facility" means a site, including the land and structures and equipment fixed thereon, designed and used for each of the following activities:

storing pesticides or fertilizer for more than 45 consecutive days in a single container holding in excess of:

300 gallons bulk liquid pesticides; or

300 pounds bulk dry pesticides; or

5000 gallons bulk liquid commercial fertilizer; or

50,000 pounds bulk dry commercial fertilizer.

loading and mixing, including bulk repackaging, of pesticides or fertilizer at a permanent site for more than a 45 day period in quantities in excess of:

300 gallons bulk liquid pesticides; or

300 pounds bulk dry pesticides; or

5000 gallons bulk liquid commercial fertilizer; or

50,000 pounds bulk dry commercial fertilizer.

the non-commercial application of pesticides or fertilizer.

"Non-mobile" means not readily capable of moving or being moved from place to place.

"On-farm storage facility" means a permanent site, including the land and structures and equipment fixed thereon, that:

is designed and used for the non-commercial storage of pesticides or fertilizers for more than 45 consecutive days in a single, non-mobile container holding in excess of:

300 gallons bulk liquid pesticides; or

300 pounds bulk dry pesticides; or

5,000 gallons bulk liquid fertilizer; or

50,000 pounds bulk dry commercial fertilizer;

is not used for commercial purposes; and

is not a "non-commercial agrichemical facility".

"Operational activity" means loading, unloading, and mixing of agrichemicals and/or the cleaning of transportation or application equipment at agrichemical facilities or non-commercial agrichemical facilities.

"Operational area" means an area or areas at the agrichemical facility or non-commercial agrichemical facility where agrichemicals are loaded, unloaded, mixed, repackaged, or where agrichemicals are cleaned and washed from application, storage or transportation equipment.

"Operational area containment structure or system" means any structure or system used to intercept, prevent runoff or leaching, and contain spills and residues containing agrichemicals from operational activities such as loading, unloading, mixing, and equipment washing and rinsing.

"Reportable agrichemical spill" means an uncontrolled release outside an operational area containment or secondary containment structure involving more than 25 gallons of unrecovered liquid fertilizer or 100 pounds of unrecovered dry fertilizer or 5 pounds of unrecovered liquid or unrecovered dry active ingredient equivalent of pesticides; except for reportable substances, it means when the amount spilled equals or exceeds the RQ for those chemical substances.

"Reportable quantity" or "RQ" means a quantity that equals or exceeds the reportable quantity for substances listed in the Appendix to 49 CFR 172.101 (1988) or in Appendix A of 40 CFR 355 (1988).

"Reportable substance" means any substance listed in the Appendix to 49 CFR 172.101 (1988) or in Appendix A of 40 CFR 355 (1988).

"Secondary containment structure" means any structure or basin used to contain agrichemical spills and prevent runoff or leaching from bulk agrichemical containers.

"Unload" or "unloading" means the transfer at agrichemical facilities or non-commercial agrichemical facilities of formulated pesticide in an unaltered state from the transport vehicle into facility storage or the transfer of bulk commercial fertilizer in an unaltered state from the transport vehicle into facility storage.

History

• Source: Amended at 26 Ill. Reg. 10386, effective July 1, 2002

8 Ill. Adm. Code 255.20 Incorporation by Reference

Incorporations by reference in this Part do not include any later amendments or editions beyond the date specified.

8 Ill. Adm. Code 255.30 Scope and Application

a) Any new agrichemical facility or new non-commercial agrichemical facility shall be in compliance with all of this Part, except for the provisions of Section 255.180, before the commencement of any operational activities or any storage or use of agrichemicals. Any new on-farm storage facility shall be in compliance with Section 255.180 of this Part before the commencement of any storage or use of agrichemicals.

b) All other agrichemical facilities and non-commercial agrichemical facilities shall achieve compliance with this Part in accordance with Section 255.40 and Section 255.50. All other on-farm storage facilities shall achieve compliance with the applicable provisions of this Part in accordance with Section 255.180.

c) An agrichemical facility, non-commercial agrichemical facility, or on-farm storage facility needs only to comply with this Part when agrichemicals are handled in quantities exceeding the thresholds included in the definitions of "agrichemical facility", "non-commercial agrichemical facility" and "on-farm storage facility".

d) This Part does not apply to the field mixing of agrichemicals for either commercial or non-commercial application.

e) This Part does not apply to temporary loading sites remote from the field of actual application for aerial applicators, except for Section 255.110(e).

f) An agrichemical facility permit issued to an agrichemical facility or non-commercial agrichemical facility prior to July 1, 2002 shall remain in effect until its normal expiration date. All permits issued or renewed by the Department after the effective date of the 2002 amendments to this Part shall be issued as an agrichemical containment permit.

g) In the case of a pesticide manufacturing facility, this Part shall apply only to the portions of the pesticide manufacturing facility engaged in the manufacture or production of agricultural use pesticides. For the purposes of this Section, an agricultural use pesticide shall mean a pesticide registered for use in the normal production of an agricultural commodity.

History

• Source: Amended at 26 Ill. Reg. 10386, effective July 1, 2002

8 Ill. Adm. Code 255.40 Registration

a) All agrichemical facilities and non-commercial agrichemical facilities existing on January 1, 1990 shall register with the Department of Agriculture (Department) within 90 days after that date (the "adoption date").

b) Facility registration pursuant to this Section shall be accomplished on forms to be provided by the Department. In completing such registration, the facility owner or operator shall provide notification as to each of the following conditions that exist at the facility:

1. The facility holds a currently valid permit issued by the Illinois Environmental Protection Agency, Division of Water Pollution Control, for operational area containment structures (35 Ill. Adm. Code: Subtitle C), or operational area containment structures exist that provide for the containment and recovery of operational activity spillage from mixing, loading and equipment washing.

2. Secondary containment, for all non-mobile liquid fertilizer containers of volume less than 100,000 gallons or all non-mobile pesticide containers that exist, which provides capacity for at least 100% of the volume of the largest container within the containment area, and which provides for the containment and recovery of spillage or leakage from the containers in the containment area.

3. The conditions described in both subsections (b)(1) and (2) of this Section do not exist, and the facility is an agrichemical facility.

4. The facility contains at least one liquid fertilizer storage tank with capacity in excess of 100,000 gallons.

5. The facility conducts dry bulk fertilizer storage operations.

6. The facility conducts dry bulk fertilizer blending operations.

7. The facility is a non-commercial agrichemical facility.

c) The Department shall review completed facility registration forms within 180 days after the 1990 adoption date. The Department shall notify the registrant in writing that the facility registration under subsection (b) was incomplete or inappropriate for the subject facility. In the event of such notification, the Department shall inform the registrant of the additional information required to complete the facility registration or of the appropriate facility registration subsections for the facility, and the facility shall comply with the corresponding compliance schedule under Section 255.50.

History

• Source: Amended at 26 Ill. Reg. 10386, effective July 1, 2002

8 Ill. Adm. Code 255.50 Permits and Compliance Schedule

a) An Agrichemical Containment Permit ("Permit") issued by the Department shall be obtained for each existing and new agrichemical facility and non-commercial agrichemical facility. Permit applications shall be submitted on forms provided by the Department. The application shall be accompanied by engineering plans and specifications for any construction or modification to be accomplished pursuant to the Permit. Such plans and specifications shall be prepared by an Illinois Professional Engineer when required by the provisions of the Illinois Professional Engineering Practice Act [225 ILCS 325]. A Permit shall be obtained before the commencement of any construction necessary to meet the earliest compliance date, as determined by the applicable subsections of this Section. A Permit must be amended before the commencement of any modification to the facility. A Permit amendment shall not be required for alterations at the facility. A Permit will be transferred to a new owner or operator upon written notification by the permittee to the Department. Permits shall be renewed every 5 years.

b) An application for a Permit submitted by a corporation shall be signed by a principal executive officer of at least the level of vice president, or a duly authorized representative who is responsible for the overall operation of the facility described in the application. In the case of a partnership or a sole proprietorship, the application shall be signed by a general partner or the proprietor respectively. In the case of a publicly owned facility, the application shall be signed by either a principal executive officer, ranking official or a duly authorized employee.

c) The Department shall issue a Permit within 90 days after receipt of the application, provided the documents accompanying the application indicate that the facility will be in compliance with Sections 255.80, 255.90, 255.100, 255.140, 255.150, and 255.160, as applicable, and the Environmental Protection Act [415 ILCS 5]. In addition to completed application forms, documents that must be submitted include a location area map, detailed plot plan of the facility, water system protection schematic diagram, narrative description of operational and management practice plan, detailed engineering plans and specifications, process flow diagram for dry fertilizer facilities and any additional information the applicant or Department deem necessary to fully describe the project. The Department shall allow an innovative design to satisfy the structural requirements of this Part if the application for a Permit is accompanied by a registered professional engineer's statement certifying that the design shall provide protection to the environment equivalent to that of this Part. All engineering costs shall be the responsibility of the person making the request. A Permit issued "with conditions" means that the facility is deficient in some area in order to meet full compliance with this Part. A Permit with conditions would be issued if the operation of the facility during the period of time that the facility owner was correcting the deficiency does not jeopardize the environment. If the Department fails to grant or deny the Permit as requested or issue with conditions within 90 days from the date of receipt of the application, the applicant may deem the Permit granted for a one year period commencing on the 91st day after the application was received. If the application for a Permit is denied, the Department shall notify the applicant in writing as to why the permit was denied.

d) A facility that is registered pursuant to Section 255.40(b)(1) shall meet the following compliance schedule:

Item

Compliance Date

Submittal of all plans and specifications required for Permit approval

Two years after the 1990 adoption date

Compliance with Section 255.80 (except as provided in subsection (h))

Three years after the 1990 adoption date for bulk pesticides and four years for liquid fertilizer

Compliance with Section 255.90

Five years after the 1990 adoption date

e) A facility that is registered pursuant to Section 255.40(b)(2) shall meet the following schedule:

Item

Compliance Date

Submittal of all plans and specifications required for Permit approval

Two years after the 1990 adoption date

Compliance with Section 255.90

Three years after the 1990 adoption date

Compliance with Section 255.80

Four years after the 1990 adoption date

f) A facility that is registered pursuant to Section 255.40(b)(3) or fails to register under Section 255.40 shall meet the following compliance schedule:

Item

Compliance Date

Submittal of all plans and specifications required for Permit approval

One year after the 1990 adoption date

Compliance with Section 255.90

Two years after the 1990 adoption date

Compliance with Section 255.80 (except as provided in subsection (h))

Three years after the 1990 adoption date for bulk pesticides and 4 years for liquid fertilizer

g) A facility that is registered pursuant to both Section 255.40(b)(1) and Section 255.40(b)(2) shall meet the following compliance schedule:

Item

Compliance Date

Submittal of all plans and specifications required for Permit approval

Three years after the 1990 adoption date

Compliance with Section 255.80 and Section 255.90

Five years after the 1990 adoption date

h) A facility that is registered pursuant to Section 255.40(b)(4) shall be in compliance with Section 255.80, with respect to its liquid fertilizer storage tanks with capacity of 100,000 gallons or more, in accordance with the following schedule:

Item

Compliance Date

Notify Department of intent to take tank out of service or to comply with Section 255.80

Four years after the 1990 adoption date

Submittal of all plans and specifications required for approval of amended permit

Five years after the 1990 adoption date

Compliance with Section 255.80

Seven and ½ years after the 1990 adoption date

i) A facility registered pursuant to Section 255.40(b)(5) shall be in compliance with Section 255.140 within five years after the 1990 adoption date.

j) A facility registered pursuant to Section 255.40(b)(6) shall be in compliance with Section 255.150 within five years after the 1990 adoption date.

k) All non-commercial agrichemical facilities shall be in compliance with all of this Part within five years after the 1990 adoption date.

l) Nothing in this Part shall require the loading of pesticide into anhydrous ammonia nurse tanks to be accomplished within an operational area containment structure, provided that a closed transfer system is used.

History

• Source: Amended at 26 Ill. Reg. 10386, effective July 1, 2002

8 Ill. Adm. Code 255.60 Experimental Permits

a) To best aid the improvement of agrichemical containment technology, the Department shall issue Experimental Permits for containment processes or techniques that do not satisfy the requirements of this Part, provided the applicant provides proof (i.e., quality control, quality assurance, and supportive analytical data) that the process or technique has a reasonably substantial chance for success (i.e., the quality control for the experimental design will indicate if there is any malfunction).

b) A valid Experimental Permit shall constitute a prima facie defense to any action brought against the permit holder for a violation of the Rules of this Part, but only to the extent that such action is based upon the failure of the process or technique.

c) Initially, all Experimental Permits shall have a duration not to exceed two years. Experimental Permits which have been renewed at least once and have thus been in effect for at least 4 years may be renewed for periods of no greater than 5 years.

d) Application for renewal of an Experimental Permit shall be submitted to the Department at least 90 days prior to the expiration of the existing permit. To the extent the information to be supplied for renewal is identical with that contained in the prior permit application, the applicant shall so note on the renewal application, and the Department shall not require the submittal of data and information submitted with the original application.

History

• Source: Amended at 19 Ill. Reg. 6787, effective May 8, 1995

8 Ill. Adm. Code 255.70 Agrichemical Facility Plans, Specifications and Records

a) The following records shall be maintained at the agrichemical facility, and the records shall be available for review on request by the Department:

1. A plot plan of the property showing all structures and the location of all wells on the site.

2. A plot plan or map showing surface water runoff routes from the agrichemical facility, approximate distance to and identity of nearby lakes, streams, drainage ditches or storm drains, distance and direction to nearest public and private wells, and site soil characteristics and groundwater depth.

3. Tank schedule showing material of construction, capacity, diameter, height, and product stored.

4. Secondary and operational area containment construction plans and capacity of such structures in gallons. Manufacturer's confirmation of compatibility with agrichemicals, and installation instructions if synthetic liners or synthetic materials are used. Manufacturer's confirmation of compatibility with agrichemical and estimate of life expectancy if prefabricated basins are used.

5. Operational plan for containment areas showing the handling and utilization of recovered agrichemical, rinse water, and precipitation accumulation.

6. Storage and handling instructions on each pesticide handled in bulk (i.e., registrant's instructions).

7. Spill reports on all reportable spills associated with the agrichemical facility operation.

8. State inspection reports.

9. Agrichemical facility inspection and maintenance reports required of the operation in Section 255.130.

b) Agrichemical facility specifications, records, plans or reports required under any other State or Federal regulatory program and that contain the information requested by subsection (a) may be used to fulfill this recordkeeping requirement.

c) Non-commercial agrichemical facilities and on-farm storage facilities are not covered by the recordkeeping provisions of this Section but shall remain subject to inspection by the Department as is deemed necessary to ensure compliance with the provisions of this Part.

History

• Source: Amended at 26 Ill. Reg. 10386, effective July 1, 2002

8 Ill. Adm. Code 255.80 Secondary Containment

a) All agrichemical non-mobile storage containers for liquid pesticides and liquid fertilizer shall be located within a secondary containment structure.

b) Secondary containment structures and systems shall provide the following capacity:

1. When not protected from receiving precipitation, the containment shall have a minimum containment volume of a 6-inch rain storm (a 25 year, 24 hour rain), plus the capacity of the largest tank, and the volume displaced by the bases of the other tanks located within the secondary containment structure.

2. When protected from receiving precipitation, the containment shall have a minimum containment volume of 100% of the capacity of the largest tank, plus the volume displaced by the bases of the other tanks located within the secondary containment structure.

c) Structural materials and integrity shall provide secondary containment that meets or exceeds the requirement of this Section. Materials shall be compatible with the agrichemical to be contained.

1. General requirements include:

A) Clay, natural soil clay mixtures or clay/bentonite mixtures shall not be used to contain any bulk pesticide.

B) Secondary containment for liquid agrichemicals storage at facility sites should provide for separation between bulk pesticides and bulk fertilizer to the extent that a common wall or curbing between the fertilizer area and the pesticide area shall provide for the interception and recovery including clean up of pesticide spills while the entire secondary containment area shall meet or exceed the total capacity requirement specified in this Section.

C) The secondary containment structure shall be constructed to a water permeability rate of not greater than 1 x 10-6 centimeters per second and maintained so that liquid movement through the walls and base does not exceed a rate of 1 x 10-5 centimeters per second permeability rate. The secondary containment structure shall be designed and maintained to withstand a full hydrostatic head of any contained liquid. The containment area shall not be equipped with a permanent pump unless the pump has only a manual mode of operation.

D) The secondary containment structure shall not have a discharge outlet or gravity drain through the wall or floor.

E) Synthetic materials or liners may be used with secondary containment structures provided they are compatible with agrichemicals being contained and it is installed according to manufacturer's written direction and repaired and maintained according to manufacturer's recommendations. These directions and recommendations shall become records maintained at the facility site.

2. Walls: The walls of secondary containment structures shall meet each of the following criteria:

A) Walls shall be constructed of materials, including but not limited to, steel, reinforced concrete, solid masonry, or compatible synthetic materials or synthetic liners as authorized in this Section.

B) No piping shall be installed through the wall except for interconnections between multiple secondary containment structures authorized in this Section.

C) Multiple basins connected to provide the containment capacity as set forth in this Section shall be connected in a manner that assures an unrestricted transfer of discharged liquid between basins.

D) Earthen walls used for secondary containment of fertilizer shall be protected against erosion (e.g., sodding and seeding). Side slopes shall not exceed a 3 to 1 ratio of horizontal to vertical. The top width of earthen walls shall not be less than 2½ feet.

E) Provisions shall be made for safe and emergency access and exit to and from the secondary containment structures.

3. Floor: The base of a secondary containment structure shall be lined with materials, including but not limited to, reinforced concrete, steel, or compatible synthetic liner or synthetic materials as authorized in this Section, and the floor shall meet each of the following criteria:

A) Floors shall be constructed to allow the safe and expeditious removal of precipitation water and any spilled liquid in a manner that does not disrupt the ability of the containment structure to prevent the movement of liquid as required in this Section (e.g., sloped to a collection sump well).

B) Liners used for secondary containment of fertilizer may be constructed of suitable soil or of soil treated with bentonite clay or other comparable material, with a minimum depth of 12 inches provided the other floor requirements as stated in this Section are met. The liner shall be covered by a soil or smooth aggregate layer not less than 6 inches thick and shall be maintained to prevent cracking or puncture.

4. Prefabricated facilities: A prefabricated secondary containment structure shall be composed of a rigid prefabricated basin having both a base and walls constructed of steel, reinforced concrete or synthetic liner or synthetic materials which are resistant to corrosion, puncture, or cracking. A written confirmation of compatibility and a written estimate of life expectancy from the basin manufacturer shall be kept on file at the facility. Multiple basins connected to provide the capacity required in this Section shall be connected in a manner which assures an unrestricted transfer of discharged liquid between basins.

5. Drainage and basin facility: A drainage and basin facility diverts uncontaminated storm water drainage and provides secondary containment in accordance with this Section. The curb, base and drainage path shall be at least 12 inches thick and shall be constructed in lifts not to exceed 6 inches in thickness. Persons wishing to use a drainage and basin facility should consider the overall facility plan, topography, subsoil type, water table location, and surface water drainage patterns.

d) Facilities with mini-bulk containers filled and warehoused for product distribution shall:

1. Provide warehousing area secondary containment structures or systems equal in volume to the largest container stored; or

2. Provide a current immediate response action plan for leakage or spillage and maintain necessary supplies and equipment to effect containment recovery and residue clean-up, in order to be in compliance with secondary containment provisions of this Part.

History

• Source: Amended at 26 Ill. Reg. 10386, effective July 1, 2002

8 Ill. Adm. Code 255.90 Operational Area Containment

a) Except as provided in Section 255.140, all transfer of agrichemicals between containers, including loading, unloading, repackaging and mixing, and equipment cleaning performed at an agrichemical facility or a non-commercial agrichemical facility, shall be done with a containment system designed to intercept, retain, and recover operational and accidental spillage, leakage, wash water, and agrichemical residues. Materials of containment structures shall be compatible with the products handled and maintained in a condition to retain recovered material until it is used or properly disposed of.

b) General requirements for permanent operational containment structures consisting of floors, curbs, and walls include:

1. Floors, curbs, and walls of a permanent operational containment structure shall be constructed of reinforced concrete or other materials compatible with the agrichemical being handled.

2. A permanent operational area containment structure shall be sealed or otherwise maintained to provide a rate of permeability not to exceed 1 x 10-6 centimeters per second.

3. Cracks and seams that develop shall be repaired and sealed.

4. Storm water drainage shall be diverted away from all permanent containment structures.

c) Loading area containment: Total loading area containment volume shall be equal to or greater than the volume of the largest tank to be loaded in the loading area. If the loading area containment area is not protected from contact with precipitation, the containment volume shall be equal to or greater than the volume generated by a 6 inch rain storm (a 25 year, 24 hour storm). The loading area containment volume requirements may be achieved with a curbed containment area and catch basin or in combination with above ground tanks connected to an automatic sump pump transfer system or by gravity flow where elevation or installation allows.

d) Unloading area containment: Total unloading area containment volume shall be a minimum of 25 gallons. The loading area containment may be used as the unloading area containment. Individual catchment basins or portable containers may be used to meet the requirements of this Section. The individual basins or portable containers shall be placed to catch and recover spillage and leakage from transfer connections and pumps.

e) Mixing and repackaging area container: Mixing and repackaging containment areas shall provide curbing or other means (e.g., basins) to intercept, retain, and recover agrichemicals spilled or leaked during mixing and repackaging operations.

f) Cleaning and washing area containment: Cleaning and washing of agrichemical residue from handling, processing and application equipment at an agrichemical facility or a non-commercial agrichemical facility shall be done utilizing an operational containment system or structure. Cleaning and washing containment may be accomplished at the loading containment area. If a separate cleaning and washing area is used, it shall be designed to intercept, retain and recover all wash water and agrichemical residue containing pesticides.

g) Transfer structures and systems: The use of underground structures or pits for storage of rinsates, washwater or recycle liquid is prohibited. This prohibition includes scale pits but does not include sumps or wet wells containing pumps used for transfer of spilled agrichemicals, rinse waters or wash waters to containment, holding or recycle systems. Sumps or wet wells are structures that have detention times of 72 hours or less. Sumps or wet wells shall be constructed and maintained to provide a rate of permeability not to exceed 1 x 10-6 centimeters per second. Sumps and wet wells shall be inspected for cracks and leaks and sealed immediately if any cracks or leaks are found.

History

• Source: Amended at 26 Ill. Reg. 10386, effective July 1, 2002

8 Ill. Adm. Code 255.100 Storage Containers and Appurtenances

a) General: Storage containers and appurtenances shall be constructed, installed, and maintained so as to prevent the discharge of liquid agrichemicals and shall meet each of the following criteria:

1. The materials used in construction shall be resistant to corrosion, puncture, or cracking and shall be compatible with the agrichemical being stored.

2. The materials used in construction and repair may not be of a type that reacts chemically or electrolytically with stored agrichemicals in a way that may weaken the storage container or appurtenances.

3. The metals used for valves, fittings, and storage container repair on metal containers shall be compatible with the metals used in the construction of the container so that the combination of metals does not cause or increase corrosion that may weaken the container or its appurtenances.

4. Containers and appurtenances shall be designed to handle operating stresses, taking into account hydrostatic head, pressure buildup from pumps and compressors, and any other foreseeable mechanical stresses to which the containers and appurtenances may be subject.

b) Non-mobile agrichemical storage containers shall be anchored or placed on a raised area if necessary to prevent flotation or instability in the event of agrichemical discharge into the secondary containment structure.

c) A liquid level gauging device or other provision for establishing and measuring liquid levels (e.g., tape measure) and tank outage tables shall be maintained for all non-mobile agrichemical storage containers.

1. External sight gauges shall not be used with bulk pesticide storage containers.

2. External sight gauges may be used for liquid fertilizers and when used shall have a lockable bottom valve.

d) Each non-mobile agrichemical storage container shall be equipped with a vent or inverted opening. Where the loss of vapor affects the product quality, conservation vents shall be used on storage containers.

e) Containers, pipes and valves shall be protected (e.g., guard rails, pipes and fittings supported to prevent sagging and breakage, and cages) against breakage or damage from operating personnel and moving vehicles.

f) Security: When persons responsible for agrichemical facility or non-commercial agrichemical facility security are not present at the facility, the following conditions shall be met to protect against vandalism or unauthorized access:

1. Valves on non-mobile agrichemical storage containers including sight gauge valves shall be locked in the closed position or otherwise secured to prevent discharge.

2. Valves subject to discharge of agrichemicals on rail cars, mobile agrichemical containers, and mini-bulk tanks shall be locked in a closed position or otherwise secured to prevent discharge.

3. Buildings or structures housing agrichemical storage containers shall be locked.

History

• Source: Amended at 26 Ill. Reg. 10386, effective July 1, 2002

8 Ill. Adm. Code 255.110 Containment Management and Operations

a) Precipitation and accumulation shall never exceed a level that would impair the holding capacity of the secondary or operational area containment. Such precipitation accumulation should be removed from the secondary and operational area containment systems after each storm.

1. Precipitation accumulation containing agrichemicals shall be used as provided in subsection (e) or disposed of as provided in subsection (g).

2. Precipitation accumulation from containment structures shall not be discharged from the containment area as surface runoff during the agrichemical application season, except when the following conditions are met:

A) The containment structures have been cleaned and rinsed of agrichemicals in compliance with subsections (b) and (c).

B) The discharge shall not cause water quality violations pursuant to 35 Ill. Adm. Code, Subtitle C, or a pesticide release pursuant to the Environmental Protection Act [415 ILCS 5].

b) Agrichemical spills into secondary containment structures shall be recovered promptly and the structures washed to remove agrichemical contamination.

c) Operational area containment shall be promptly cleaned and rinsed after any agrichemical spill or leakage. The operational area containment shall also be cleaned and rinsed immediately after the termination of each agrichemical application season. These facilities shall be washed with a biodegradable cleanser, triple rinsed with a high pressure hose and all standing water shall be removed. Proper cleaning of the operational area containment shall include removal, washing and rinsing of material from the operational area, mud, pits, sump pits and all interconnected pipes or structures.

d) Discharge or spills of agrichemicals, agrichemical mixtures, rinsates and wash waters outside of secondary or operational area containment shall be immediately contained, material recovered to extent possible, and the area cleaned. Reportable agrichemical spills shall be reported immediately by telephone to the Illinois Emergency Management Agency any time during the day or night by calling 1-800-782-7860 or 1-217-782-7860.

e) Agrichemicals, agrichemical residues, rinsates, and agrichemical contamination wash water recovered from the secondary and operational containment facilities shall be field applied at agronomic rates, used in a liquid mixing operation, or otherwise recycled or disposed of in accordance with this Part. Any pesticide laden residues, rinsates, and pesticide contaminated wash water that are to be land applied shall be handled in accordance with the products' labels. Field application of diluted pesticide solutions is an acceptable use if the total annual application amounts of the pesticide do not exceed the pesticide label application rates. Rinsates and pesticide contaminated wash water may be used to make up the total spray mixture if the mixture does not exceed the pesticide label application rates.

f) Field washing of exterior surfaces of agrichemical application equipment is acceptable at the site of the agrichemical application provided no runoff from the site occurs.

g) Agrichemicals, agrichemical residues, rinsates, and agrichemical contaminated wash water shall not be disposed through storm sewers, sanitary sewer systems, public or private sewage treatment facilities or wells, waters of the State, nor to land, except as provided in subsections (e) and (f).

h) Agrichemicals and agrichemical mixtures that cannot be used in accordance with the respective product's label or as set forth in this Section shall be disposed of as a special waste or hazardous waste as authorized by the Environmental Protection Act [415 ILCS 5] and 35 Ill. Adm. Code 724, 725 and 809.

i) Empty pesticide containers shall be stored in the operational containment area or an area protected from contact with precipitation prior to disposal and such containers shall be triple rinsed or comparably cleaned (e.g., rinsed with pressure hose). Such containers shall be disposed of in accordance with the Environmental Protection Act [415 ILCS 5] and 35 Ill. Adm. Code 724 and 725.

j) Spray application vehicles that are not cleaned as provided in subsection (f) shall be parked in the operational containment area or protected from precipitation. Agricultural aircraft are not covered by this provision.

k) Dry fertilizer application equipment with covered hoppers may be field cleaned by brushing the working end of the equipment to remove the fertilizer or cleaned as provided in subsection (f) or protected from precipitation.

History

• Source: Amended at 26 Ill. Reg. 10386, effective July 1, 2002

8 Ill. Adm. Code 255.120 Site Closures and Discontinuation of Operations

When an agrichemical facility or a non-commercial agrichemical facility is closed or operations are discontinued, agrichemicals, rinsates, wash waters, and other materials containing agrichemicals, and all agrichemical containers, shall be removed from the agrichemical facility or non-commercial agrichemical facility site and disposed of or utilized in one of the following manners:

a) for the original intended purpose of the agrichemical product, provided that the product is in a usable state, the product's registration (if required) has not been canceled, suspended, revoked, or denied by the United States Environmental Protection Agency or the Department, and label directions (where applicable) are followed; or

b) as provided in Section 255.110(e), (g), (h), and (i).

History

• Source: Amended at 26 Ill. Reg. 10386, effective July 1, 2002

8 Ill. Adm. Code 255.130 Inspection and Maintenance

a) General: Every secondary containment structure shall be visually inspected at least once a week and maintained as necessary to assure compliance with this Section. A written record of all inspections and maintenance shall be made on the day of the inspection or maintenance and shall be kept at the facility, except as provided in subsections (c) and (d).

b) Inspection and maintenance: The operator of an agrichemical facility or non-commercial agrichemical facility shall once each week inspect and maintain storage containers and appurtenances to minimize the risk of a discharge. The operator shall inspect valves and other appurtenances for leakage at least once a week. The operator shall inventory, measure, and record the liquid level in each non-mobile agrichemical storage container at least once a month, except as provided in subsection (c).

c) Inspections are not required when agrichemicals are not being stored.

d) Non-commercial agrichemical facilities and on-farm storage facilities are not covered by the recordkeeping provisions of this Section.

History

• Source: Amended at 26 Ill. Reg. 10386, effective July 1, 2002

8 Ill. Adm. Code 255.140 Dry Fertilizer Storage and Handling

a) Dry fertilizer materials shall be stored and handled in a manner to prevent pollution by minimizing losses to the air, surface water, underground water or subsoil.

b) Nonliquid fertilizers shall be stored inside a sound structure or device having a cover or rooftop, sidewalls and base sufficient to prevent contact with precipitation and surface waters.

c) All loading, unloading, mixing and handling of dry fertilizer, unless performed in the field of application, shall be done using a containment method, device or structure. The containment method, device or structure shall be of a size and design that will contain the fertilizer and operated to minimize emission of dust and/or vapors beyond the facility boundaries. Any collected material shall be applied at agronomic fertilizer rates or otherwise recycled.

d) Containment, devices or structures may include, but are not limited to, the following methods:

1. Paving and curbing of outdoor handling areas with materials that allow for collection and recycle or reuse of storm water, and that are sealed or otherwise maintained to provide a rate of permeability not to exceed 1 x 10-6 centimeters per second.

2. Enclosing conveyors and equipping conveyors with dust control boots. Manually extendable boots may be adaptable to upright and auger type conveyors.

3. Enclosing handling areas.

4. Collection and recycle of contaminated precipitation from rooftops of roof-filled storage structures.

5. Daily cleanup of the outside areas when in use.

History

• Source: Amended at 26 Ill. Reg. 10386, effective July 1, 2002

8 Ill. Adm. Code 255.150 Dry Fertilizer Blending Operations

Dry fertilizer blending operations, including the process of impregnating fertilizer material with pesticides, shall be conducted in a manner to provide for dust and vapor control and for total collection and reuse of any spilled fertilizer.

8 Ill. Adm. Code 255.160 Connections to the Potable Water Supply

a) General: Potable water supply lines shall not be connected to process water lines, chemical lines or equipment, unless proper backflow protection is installed.

b) Water service lines which connect an agrichemical facility or a non-commercial agrichemical facility to a community public water supply shall include either a reduced pressure principle backflow preventer or a fixed proper air gap, in accordance with the Illinois Environmental Protection Agency Technical Policy Statement (35 Ill. Adm. Code 653.803(c)(4)).

c) Water service lines which connect an agrichemical facility or a non-commercial agrichemical facility to a potable water supply other than a community public water supply shall include either a reduced pressure principle backflow preventer or a fixed proper air gap, in accordance with the Illinois Plumbing Code (77 Ill. Adm. Code 890).

d) Installation, maintenance and inspection of such backflow prevention devices shall be carried out in accordance with Illinois Environmental Protection Agency Technical Policy Statement (35 Ill. Adm. Code 651 and 653) or the Illinois Plumbing Code (77 Ill. Adm. Code 890), whichever is applicable.

8 Ill. Adm. Code 255.170 Open Burning

a) No person shall cause or allow open burning of agrichemical containers or other agrichemical related wastes at an agrichemical facility or a non-commercial agrichemical facility, except as provided in this Section.

b) Any burning of agrichemical containers or other agrichemical related wastes at an agrichemical facility or a non-commercial agrichemical facility located 1,000 feet or less from a residential or other populated area shall be performed with an incinerator that is in compliance with the Illinois Environmental Protection Act [415 ILCS 5] and rules adopted under that Act (35 Ill. Adm. Code 201).

c) The open burning of combustible agrichemical containers is permissible at the field where the chemicals are applied, provided the following conditions are met:

1. Containers holding liquid agrichemical formulations have been triple rinsed;

2. Containers holding dry or solid formulations have been emptied to the extent feasible;

3. Atmospheric conditions will readily dissipate the contaminants;

4. The burning does not create a visibility hazard on roadways, railroad tracks or air fields;

5. The burning occurs more than 1,000 feet from residential or other populated area;

6. It can be shown that it is the most efficient disposal method available, based upon factors including, but not limited to, cost, location, and type of waste;

7. The burning does not cause air pollution as defined in the Illinois Environmental Protection Act; and

8. The area where the burning occurs is not subject to State or local restrictions.

d) Until January 1, 1995, the open burning of combustible agrichemical containers is permissible at an agrichemical facility provided the following conditions are met:

1. Containers holding liquid agrichemical formulations have been triple rinsed;

2. Containers holding dry or solid formulations have been emptied to the extent feasible;

3. Each burning event shall be limited to 40 items (e.g., bags, cartons, plastic jugs) or less;

4. Atmospheric conditions will readily dissipate the contaminants;

5. The burning does not create a visibility hazard on roadways, railroad tracks or air fields;

6. The burning occurs more than 1,000 feet from residential or other populated area;

7. It can be shown that it is the most efficient disposal method available, based upon factors including, but not limited to, cost, location, and type of waste;

8. The burning does not cause air pollution as defined in Sections 3.02 and 9 of the Illinois Environmental Protection Act [415 ILCS 5/3.02 and 9];

9. The area where the burning occurs is not subject to State or local restrictions; and

10. Ashes and other residues resulting from the open burning shall be protected against contact by precipitation and disposed of in accordance with the Environmental Protection Act [415 ILCS 5] and the rules adopted under that Act (35 Ill. Adm. Code 807).

History

• Source: Amended at 19 Ill. Reg. 6787, effective May 8, 1995

8 Ill. Adm. Code 255.180 On-Farm Storage Facility Containment

Notwithstanding the other provisions of this Part, an on-farm storage facility shall comply with the following:

a) All agrichemical non-mobile storage containers for liquid pesticides and liquid fertilizer at an on-farm storage facility shall be located within a secondary containment structure. Dry fertilizer or dry pesticide materials shall be stored in a manner to prevent pollution by minimizing losses to the air, surface water, underground water or subsoil. Dry fertilizers and pesticides shall be stored inside a sound structure or device having a cover or roofed top, sidewalls and base sufficient to prevent contact with precipitation and surface waters.

b) Registration and Compliance Schedules: All existing on-farm storage facilities shall register with the Department, on forms provided by the Department, no later than March 31, 2003. The Department shall issue a compliance schedule to each existing on-farm storage facility registered with the Department no later than June 30, 2003. The compliance schedule shall require the submittal of all containment plans and specifications to the Department no later than March 31, 2004 and the completion of all construction of required containment structures no later than June 30, 2005.

c) On-Farm Storage Facility Permits: The owner or operator of an existing or new on-farm storage facility shall obtain an agrichemical containment permit issued by the Department for each facility. Permits shall be obtained prior to the commencement of any containment construction and shall be obtained in accordance with the compliance schedule issued by the Department pursuant to subsection (b) of this Section.

1. Permit applications shall be submitted on forms provided by the Department. The application shall be accompanied by detailed engineering plans and specifications for any construction or modification of a secondary containment structure to be accomplished pursuant to the Permit. Such plans and specifications shall be prepared by an Illinois Professional Engineer when required by the provisions of the Illinois Professional Engineering Practice Act [225 ILCS 325]. In addition to completed permit application forms and detailed engineering plans/specifications, documents submitted to the Department shall include a location area map, detailed plot plan of the facility, and any additional information the applicant or Department deems necessary to fully describe the project.

2. A Permit shall be obtained before the commencement of any construction necessary to meet the compliance date. A Permit must be amended before the commencement of any modification to the facility. A Permit amendment shall not be required for alterations at the facility as defined in Section 255.10 of this Part.

3. A Permit will be transferred to a new owner or operator upon written notification by the permittee to the Department.

4. Permits shall be renewed every 5 years.

5. An application for a Permit submitted by a corporation shall be signed by a principal executive officer of at least the level of vice president, or a duly authorized representative who is responsible for the overall operation of the facility described in the application. In the case of a partnership or a sole proprietorship, the application shall be signed by a general partner or the proprietor, respectively.

6. The Department shall issue a Permit within 90 days after receipt of the application, provided the documents accompanying the application indicate that the on-farm storage facility will be in compliance with this Section.

7. The Department shall allow an innovative design to satisfy the structural requirements of this Section if the application for a Permit is accompanied by a registered professional engineer's statement certifying that the design will provide protection to the environment equivalent to that of this Section.

8. All engineering costs shall be the responsibility of the person making the request.

9. A Permit issued "with conditions" means that the facility is deficient in some area in order to meet full compliance with this Part. A Permit with conditions will be issued if the operation of the facility during the period of time that the facility owner was correcting the deficiency does not jeopardize the environment.

10. If the Department fails to grant or deny the Permit as requested or issue a Permit with conditions within 90 days from the date of receipt of the application, the applicant may deem the Permit granted for a one-year period commencing on the 91st day after the Department received the application. If the application for a Permit is denied, the Department shall notify the applicant in writing as to why the permit was denied.

d) Liquid Fertilizer and Pesticide Containment Structures and Systems: Secondary containment structures and systems at on-farm storage facilities shall provide the following capacity:

1. When not protected from receiving precipitation, the containment shall have a minimum containment volume of a 6-inch rain storm (a 25 year, 24 hour rain), the capacity of the largest tank, and the volume displaced by the bases of the other tanks located within the secondary containment structure.

2. When protected from receiving precipitation, the containment shall have a minimum containment volume of 100% of the capacity of the largest tank, plus the volume displaced by the bases of the other tanks located within the secondary containment structure.

e) Containment structural materials and integrity shall provide secondary containment that meets or exceeds the requirement of this Section. Materials shall be compatible with the agrichemical to be contained.

1. General requirements include:

A) Clay, natural soil clay mixtures or clay/bentonite mixtures shall not be used to contain any pesticide.

B) Secondary containment for liquid agrichemical storage at facility sites should provide for separation between bulk pesticides and bulk fertilizer to the extent that a common wall or curbing between the fertilizer area and the pesticide area shall provide for the interception and recovery, including clean up of pesticide spills, while the entire secondary containment area shall meet or exceed the total capacity requirement specified in this Section.

C) The secondary containment structure shall be constructed to a water permeability rate of not greater than 1 x 10-6 centimeters per second and maintained so that liquid movement through the walls and base does not exceed a rate of 1 x 10-5 centimeters per second permeability rate. The secondary containment structure shall be designed and maintained to withstand a full hydrostatic head of any contained liquid. The containment area shall not be equipped with a permanent pump unless the pump has only a manual mode of operation.

D) The secondary containment structure shall not have a discharge outlet or gravity drain through the wall or floor.

E) Synthetic materials or liners may be used with secondary containment structures provided they are compatible with agrichemicals being contained and are installed according to the manufacturer's written directions and repaired and maintained according to the manufacturer's recommendations. These directions and recommendations shall become records maintained at the facility site.

2. Walls: The walls of secondary containment structures shall meet each of the following criteria:

A) Walls shall be constructed of materials, including, but not limited to, steel, reinforced concrete, solid masonry, or compatible synthetic materials or synthetic liners as authorized in this Section.

B) No piping shall be installed through the wall except for interconnections between multiple secondary containment structures authorized in this Section.

C) Multiple basins connected to provide the containment capacity as set forth in this Section shall be connected in a manner that assures an unrestricted transfer of discharged liquid between basins.

D) Earthen walls used for secondary containment of fertilizer shall be protected against erosion (e.g., sodded or seeded). Side slopes shall not exceed a 3 to 1 ratio of horizontal to vertical. The top width of earthen walls shall not be less than 2½ feet.

E) Provisions shall be made for safe and emergency access and exit to and from the secondary containment structures.

3. Floor: The base of a secondary containment structure shall be lined with materials, including, but not limited to, reinforced concrete, steel, or compatible synthetic liner or synthetic materials as authorized in this Section, and the floor shall meet each of the following criteria:

A) Floors shall be constructed to allow the safe and expeditious removal of precipitation water and any spilled material in a manner that does not disrupt the ability of the containment structure to prevent the movement of liquid as required in this Section (e.g., sloped to a collection sump well).

B) Liners used for secondary containment of fertilizer may be constructed of suitable soil or of soil treated with bentonite clay or other comparable material, with a minimum depth of 12 inches, provided the other floor requirements as stated in this Section are met. The liner shall be covered by a soil or smooth aggregate layer not less than 6 inches thick and shall be maintained to prevent cracking or puncture.

4. Prefabricated Facilities: A prefabricated secondary containment structure shall be composed of a rigid prefabricated basin having both a base and walls constructed of steel, reinforced concrete or synthetic liner or synthetic materials that are resistant to corrosion, puncture or cracking. A written confirmation of compatibility and a written estimate of life expectancy from the basin manufacturer shall be kept on file at the facility. Multiple basins connected to provide the capacity required in this Section shall be connected in a manner that assures an unrestricted transfer of discharged liquid between basins.

5. Drainage and Basin Facility: A drainage and basin facility diverts uncontaminated storm water drainage and provides secondary containment in accordance with this Section. The curb, base and drainage path shall be at least 12 inches thick and shall be constructed in lifts not to exceed 6 inches in thickness. Persons wishing to use a drainage and basin facility should consider the overall facility plan, topography, subsoil type, water table location, and surface water drainage patterns.

f) Tank Anchoring: Non-mobile agrichemical storage containers shall be anchored or placed on a raised area if necessary to prevent flotation or instability in the event of agrichemical discharge into the secondary containment structure.

g) Storage containers and appurtenances shall be constructed, installed, and maintained so as to prevent the discharge of liquid agrichemicals and shall meet each of the following criteria:

1. The materials used in construction shall be resistant to corrosion, puncture, or cracking and shall be compatible with the agrichemical being stored.

2. The materials used in construction and repair may not be of a type that reacts chemically or electrolytically with stored agrichemicals in a way that may weaken the storage container or appurtenances.

3. The metals used for valves, fittings, and storage container repair on metal containers shall be compatible with the metals used in the construction of the container so that the combination of metals does not cause or increase corrosion that may weaken the container or its appurtenances.

4. Containers and appurtenances shall be designed to handle operating stresses, taking into account hydrostatic head, pressure buildup from pumps and compressors, and any other foreseeable mechanical stresses to which the containers and appurtenances may be subject.

h) Security: When persons responsible for an on-farm storage facility are not present at the facility, the valves on non-mobile agrichemical storage containers, including sight gauge valves, shall be locked in the closed position or otherwise secured to prevent discharge. External site gauges shall not be used with bulk pesticide storage containers.

i) Accumulated precipitation in the secondary containment structure shall never exceed a level that would impair the holding capacity of the secondary containment. Such precipitation accumulation should be removed from the secondary containment system after each storm.

1. Precipitation accumulation containing agrichemicals shall be used as provided in Section 255.110(e) or disposed of as provided in Section 255.110(g).

2. Precipitation accumulation from containment structures shall not be discharged from the containment area as surface runoff, except when the following conditions are met:

A) The containment structures have been previously cleaned and rinsed of agrichemicals. Proper cleaning of the structure should include removal of all contained material and the proper washing and rinsing of the structure. Washing should include the use of a biodegradable detergent, triple rinsing with water under high pressure, and the removal of all standing fluids from the containment structure.

B) The discharge shall not cause water quality violations pursuant to 35 Ill. Adm. Code, Subtitle C, or a pesticide release pursuant to the Environmental Protection Act [415 ILCS 5].

History

• Source: Added at 26 Ill. Reg. 10386, effective July 1, 2002

8 Ill. Adm. Code 255.190 Severability

If any Section, subsection, sentence or clause of this Part is judged invalid, that adjudication shall not affect the validity of this Part as a whole or any section, subsection, sentence or clause of this Part not judged invalid.

History

• Source: Added at 26 Ill. Reg. 10386, effective July 1, 2002

Part 256 Lawncare Spill, Wash Water and Rinsate Collection

8 Ill. Adm. Code 256.10 Definitions

Definitions for this Part can be located in Section 2 of the Lawncare Products Application and Notice Act. The following definitions shall also apply to this Part:

"Act" means the Lawncare Products Application and Notice Act [415 ILCS 65].

"Alteration" means changes in structures, processes or activities at a containment area that do not change the efficiency or effectiveness of the containment area.

"Impervious materials" means those substances utilized to construct containment areas that can be so constructed and maintained to provide for a water permeability (hydraulic conductivity) rate not to exceed 1 x1 0-6 centimeter per second.

"Modification" means changes in structures, processes or activities at a containment area that change the efficiency or effectiveness of the containment area, i.e., changes in capacity.

History

• Source: Amended at 26 Ill. Reg. 8808, effective June 7, 2002

8 Ill. Adm. Code 256.20 Scope and Application

a) This Part shall apply to containment areas utilized for the capture of spills or washing or rinsing of pesticide residues from vehicles, application equipment, mixing equipment, floors, or other items used for the storage, handling, preparation for use, transport, or application of pesticides to land areas covered with turf kept closely mown or land area covered with turf and trees or shrubs. This Part shall also apply to containment areas utilized for the loading of lawncare products for distribution to a customer. This Part shall not apply to the above described containment areas associated with the application of pesticides to:

1. trees and shrubs only,

2. the land area utilized for research for agriculture production of turf only,

3. the land area utilized for the commercial production of turf only,

4. the land area located within a public or private right-of-way only, or

5. the land area that is devoted to the production of any agricultural commodity, including but not limited to plants and plant parts, livestock and poultry and livestock or poultry products, seed, sod, shrubs and other products of agricultural origin raised for sale or for human or livestock consumption.

b) This Part shall not apply to containment areas associated with the handling of fertilizers only.

c) This Part shall not apply to containment areas associated with structural pest control.

d) Any new containment area shall be in compliance with all of this Part before the commencement of any operational activities or use of pesticides.

History

• Source: Amended at 26 Ill. Reg. 8808, effective June 7, 2002

8 Ill. Adm. Code 256.30 Permits

a) A lawncare containment permit (either general class, experimental, or special) issued by the Department shall be obtained for each existing and new containment area as defined by the Act. Permit applications shall be submitted on forms provided by the Department. A permit shall be obtained prior to the commencement of any construction necessary to meet the requirements to the Act or this Part. When required by the provisions of the Illinois Professional Engineering Practice Act [225 ILCS 325], all engineering plans and specifications accompanying the application for the containment area shall be prepared by an Illinois Professional Engineer. A permit shall be amended before the commencement of any modification of the containment area. Alterations to the containment area may be done without permit amendment. A facility owner or operator may contact the Department for determinations regarding proposed alterations versus modifications. A permit shall be transferred to a new owner or operator upon written notification by the permittee to the Department. Permits shall be renewed every 5 years.

b) An application for a permit submitted by a corporation shall be signed by a principal executive officer of at least the level of the vice president, or a duly authorized representative who is responsible for the overall operation of the containment area described in the application. In the case of a partnership or a sole proprietorship, the application shall be signed by a general partner or the proprietor, respectively. In the case of a publicly owned containment area, the application shall be signed by either a principal executive officer, ranking official or a duly authorized employee.

c) The containment area shall be constructed of impervious materials as required by the Act and shall be compatible with the materials applied by the application device. Synthetic materials or liners may be used for spill, wash water and rinsate collection containment structures provided they are compatible with the pesticides being contained and they are installed according to the manufacturer's written directions. The structure shall be repaired and maintained according to the manufacturer's recommendations. These directions and recommendations shall become permanent records to be maintained at the facility site. A written confirmation of compatibility and a written estimate of life expectancy from the manufacturer shall also be kept on file at the facility.

d) The Department shall allow an innovative design to satisfy the structural requirements of this Part if the application for a permit is accompanied with a registered professional engineer's statement certifying that the design shall provide protection to the environment equivalent to that of this Part. All engineering costs shall be the responsibility of the person making the request. A permit issued "with conditions" means that the facility is deficient in some area in order to meet full compliance with the before stated rules. A permit with conditions would be issued if the operation of the facility, during the period of time that the facility owner was correcting the deficiency, does not jeopardize the environment. If the Department fails to grant or deny the permit as requested or issue with conditions within 90 days from the date of receipt of the application, the applicant may deem the permit granted for a one year period commencing on the 91st day after the application was received by the Department. If the application for a permit is denied, the Department shall notify the applicant in writing as to why the permit was denied.

History

• Source: Amended at 26 Ill. Reg. 8808, effective June 7, 2002

8 Ill. Adm. Code 256.40 General Class Permits

There shall be 3 types of general class permits available for issuance by the Department to a facility owner or operator as defined under subsections (a), (b) and (c). In addition to completed application forms, a submittal for a general class permit shall include a location area map, a detailed plot plan of the facility and any additional information the applicant or Department deems necessary to fully describe the project.

a) A General Class A lawncare containment permit shall be available for issuance by the Department for a portable containment area for use with small pesticide application devices with a device capacity of less than or equal to 100 gallons of liquid product or 100 pounds of dry product. The containment area shall measure at least 1.5 times the length and 1.5 times the width of the application device. The design of the containment area shall be such that the contained volume shall be a minimum of 25 gallons of liquid or the volume of the application device, whichever is greater. The containment area shall be constructed of impervious materials as required by the Act and shall be compatible with the materials applied by the device. The containment area design shall provide for the collection and reuse or disposal of the spills, wash waters and rinsates in accordance with Sections 256.70(a) and 256.80(b) of this Part. This provision for the collection and reuse or disposal of spills, wash waters and rinsates, in the case of portable containment structures, does not specifically require the inclusion of a sump. The use of underground structures, pits or piping for storage or transport of rinsates, wash water or recycled liquid is prohibited at a facility wishing to qualify for a General Class A lawncare containment permit. This prohibition shall not include sumps or wet wells that are used for the transfer of spills, rinsates or wash waters provided these structures have a detention time of 72 hours or less. Facility owners or operators desiring to construct and operate a containment area adhering to these requirements shall make application to the Department for a General Class A lawncare containment permit.

b) A General Class B lawncare containment permit shall be available for issuance by the Department for a non-portable containment area for use with small pesticide application device with a device capacity less than or equal to 100 gallons of liquid product or 100 pounds of dry product. The containment area shall measure at least 1.5 times the length and 1.5 times the width of the application device. The design of the containment area shall be such that the contained volume shall be a minimum of 25 gallons of liquid or the volume of the application device, whichever is greater. Notwithstanding the aforementioned volume requirement, if the containment area is not protected from contact with precipitation, the containment volume shall be not less than the volume generated by a 6-inch rain storm (a 25-year, 24-hour storm). The containment volume requirements may be achieved with a curbed containment area and catch basin or in combination with above ground tanks connected to an automatic sump pump transfer system or by gravity flow where elevation or installation allows. The containment area shall be constructed of impervious materials as required by the Act and shall be compatible with the materials applied by the application device. The containment area design shall provide for the collection and reuse or disposal of the spills, wash waters and rinsates in accordance with Sections 256.70(a) and 256.80(b) of this Part. Collection and reuse or disposal of spills, wash waters and rinsates, in the case of non-portable containment structures, specifically requires the inclusion of a sump in the structure. The use of underground structures, pits or piping for storage or transport of spills, rinsates, wash waters or recycled liquid is prohibited at a facility wishing to qualify for a General Class B lawncare containment permit. This prohibition shall not include sumps or wet wells that are used for the transfer of spills, rinsates or wash waters provided these structures have a detention time of 72 hours or less. Facility owners or operators desiring to construct and operate a non-portable containment area adhering to these requirements shall make application to the Department for a General Class B lawncare containment permit.

c) A General Class C lawncare containment permit shall be available for issuance by the Department for a non-portable containment area for use with pesticide application devices with device capacities greater than 100 gallons of liquid product or 100 pounds of dry product. The containment area shall measure at least 1.25 times the length and 1.25 times the width of the application vehicle or device. Pesticide application devices of a lesser volume than that described in this subsection may also be used with a containment area permitted under this subsection. The design of the containment area shall be such that the containment volume shall be a minimum of 120 gallons or 120% of the largest applicator tank volumes, whichever is greater. Notwithstanding the aforementioned volume requirement, if the containment area is not protected from contact with precipitation, the containment volume shall be not less than the volume generated by a 6-inch rain storm (a 25-year, 24-hour storm). The containment volume requirements may be achieved with a curbed containment area and catch basin or in combination with above ground tanks connected to an automatic sump pump transfer system or by gravity flow where elevation or installation allows. The containment area shall be constructed of impervious materials as required by the Act and shall be compatible with the materials applied by the applicator. The containment area design shall provide for the collection and reuse or disposal of the spills, wash waters and rinsates in accordance with Sections 256.70(a) and 256.80(b) of this Part. This provision for the collection and reuse or disposal of spills, wash waters and rinsates, in the case of non-portable containment structures, includes the requirement of a sump in the containment area. The use of underground structures, pits or piping for storage or transport of spills, rinsates, wash waters or recycled liquid is prohibited at a facility wishing to q1ualify for a General Class C lawncare containment permit. This prohibition shall not include sumps or wet wells which are used for the transfer of spills, rinsates or wash waters provided these structures have a detention time of 72 hours or less. Facility owners or operators desiring to construct and operate a containment area adhering to these requirements shall make application to the Department for a General Class C lawncare containment permit.

History

• Source: Amended at 26 Ill. Reg. 8808, effective June 7, 2002

8 Ill. Adm. Code 256.50 Experimental Permits

a) To facilitate the improvement of containment technology, the Department shall issue experimental permits for containment areas that do not specifically satisfy all the requirements of this Part, provided the applicant provides proof (i.e., quality control, quality assurance, and supportive analytical data) that the process or technique has a reasonably substantial chance for success (i.e., the quality control for the experimental design will indicate if there is any malfunction).

b) The Department shall issue an experimental permit within 90 days after receipt of the application, provided the documents accompanying the application indicate that the containment area shall be in compliance with the provisions of the Act and this Part. In addition to completed application forms, the submittal for an experimental permit shall include the following documents:

1. a location area map,

2. detailed plot plan of the facility,

3. water supply protection schematic flow diagram,

4. detailed engineering plans and specifications,

5. operations and management practices plan, and

6. any additional information the applicant or Department may deem necessary to fully describe the project.

c) A valid experimental permit shall constitute a prima facie defense to any action brought against the permit holder for a violation of the Rule of this Part, but only to the extent that such action is based upon the failure of the process or technique.

d) Initially, all experimental permits shall have a duration not to exceed 2 years. Experimental permits which have been renewed at least once and have thus been in effect for at least 4 years may be renewed for periods of no greater than 5 years.

e) Application for renewal of an experimental permit shall be submitted to the Department at least 90 days prior to the expiration of the existing permit. To the extent the information to be supplied for renewal is identical with that contained in the prior permit application, the applicant shall so note on the renewal application, and the Department shall not require the submittal of data and information submitted with the original application.

History

• Source: Amended at 26 Ill. Reg. 8808, effective June 7, 2002

8 Ill. Adm. Code 256.60 Special Permits

a) A special lawncare containment permit shall be available for issuance by the Department to facility owners or operators for the construction and operation of containment areas that do not fall within the parameters of either general class or experimental permits.

b) The Department shall issue a special lawncare containment permit within 90 days after receipt of the application, provided the documents accompanying the application indicate that the containment area shall be in compliance with the provisions of the Act and this Part. In addition to the completed application forms, the submittal for a special lawncare containment permit shall include the following documents:

1. a location area map,

2. detailed plot plan of the facility,

3. water supply protection schematic flow diagram,

4. detailed engineering plans and specifications,

5. operations and management practice plan, and

6. any additional information the applicant or the Department may deem necessary to fully describe the project.

c) The containment area permitted by the Department under a special lawncare containment permit shall provide for a minimum contained volume of 25 gallons of liquid or the volume of the application device, whichever is greater. Notwithstanding the aforementioned volume requirement, if the containment area is not protected from precipitation, the containment volume shall not be less than the volume generated by a 6-inch rain storm (a 25-year, 24-hour storm). The containment volume requirements may be achieved with a curbed containment area and catch basin or in combination with above ground tanks connected to an automatic sump pump transfer system or by gravity flow where elevation or installation allows. The containment area shall be constructed of impervious materials as required by the Act and shall be compatible with the materials applied by the application device. The containment area design shall provide for the collection and reuse or disposal of the spills, wash waters and rinsates in accordance with Sections 256.70(a) and 256.80(b) of this Part. Collection and reuse or disposal of spills, wash waters and rinsates, in the case of containment areas permitted under special lawncare containment permits, specifically requires the inclusion of a sump in the structure.

History

• Source: Amended at 26 Ill. Reg. 8808, effective June 7, 2002

8 Ill. Adm. Code 256.70 Containment Area Management and Operations

a) Precipitation accumulation shall never exceed a level that would impair the holding capacity of the containment area. Such precipitation accumulation shall be removed from the containment area after each storm and shall be field applied at agronomic rates, used in a liquid mixing operation, or otherwise recycled or disposed of in accordance with this Part. Precipitation accumulation from containment areas shall not be discharged from the containment area as surface runoff during the application season, except when the containment structure has been cleaned and rinsed of pesticides in compliance with subsection (b), and the discharge shall not cause either water quality violations pursuant to 35 Ill. Adm. Code, Subtitle C or a pesticide release pursuant to the Environmental Protection Act [415 ILCS 5]. Any pesticide laden residues, rinsates, and pesticide contaminated wash water that are to be land applied shall be handled in accordance with the products' labels. Field application of diluted pesticide solutions is an acceptable use if the total annual application amounts of the pesticide do not exceed the pesticide label application rates. Spills, rinsates and pesticide contaminated wash water may be used to make up the total spray mixture if the mixture does not exceed the pesticide label application rates. Pesticide, pesticide residues, rinsates, and pesticide contaminated wash water shall not be disposed of through storm sewers, sanitary sewer systems, public or private sewage treatment facilities or wells, waters of the State, nor to land, except as provided in this Section.

b) Pesticide spills into containment areas shall be recovered promptly and the structure washed to remove pesticide contamination. Proper cleaning shall include removal, washing and rinsing of material from the area, mud pits, sump pits and all interconnected pipes of structures. These containment areas shall be washed with a biodegradable cleanser, triple rinsed with a high pressure hose and all standing water removed and disposed of as provided in subsection (a).

c) Field washing of exterior surfaces of pesticide application equipment is acceptable at the site of the pesticide application provided no runoff from the site occurs.

d) Spray application vehicles and equipment that are not cleaned shall be parked in the containment area or otherwise protected from precipitation so as to prevent the release of pesticide residues to the environment.

History

• Source: Amended at 26 Ill. Reg. 8808, effective June 7, 2002

8 Ill. Adm. Code 256.80 Site Closures and Discontinuation of Operations

When a lawncare containment area is closed or operations are discontinued, pesticides, rinsates, wash waters, and other materials containing pesticides, and all pesticide containers shall be removed from the site and disposed of or utilized in one of the following manners:

a) utilized for the original intended purpose of the pesticide product, provided that the product is in a usable state, the product's registration (if required) has not been canceled, suspended, revoked, or denied by the United States Environmental Protection Agency or the Department, and label directions are followed; or

b) disposed of as a special waste or hazardous waste as authorized by the Environmental Protection Act and the rules adopted under that Act (35 Ill. Adm. Code 724, 725 and 809).

History

• Source: Amended at 26 Ill. Reg. 8808, effective June 7, 2002

8 Ill. Adm. Code 256.90 Connections to the Water Supply

a) Water service lines that connect a containment area to a community public water supply shall include either a reduced pressure principle backflow preventer or a fixed proper air gap, in accordance with the Illinois Environmental Protection Act [415 ILCS 5] and Agency Technical Policy Statement (35 Ill. Adm. Code 653.803(c)(4)).

b) Water service lines that connect a containment area to a water supply other than a community public water supply shall include either a reduced pressure principle backflow preventer or a fixed proper air gap, in accordance with the Illinois Plumbing Code (77 Ill. Adm. Code 890).

c) A fixed proper air gap with a minimum of 6 inches above the flood level rim of the receptacle is required for water distribution points which are pesticide product pipe connections and tank filling operations. A reduced pressure principle backflow preventer is adequate for water distribution points that wash vehicles, rinsate pads, containers or other uses that are not directly connected to product lines or tanks.

d) Installation, maintenance and inspection of such backflow prevention devices shall be carried out in accordance with Illinois Environmental Protection Agency Technical Policy Statement (35 Ill. Adm. Code 651 and 653) or the Illinois Plumbing Code (77 Ill. Adm. Code 890), whichever is applicable.

History

• Source: Amended at 26 Ill. Reg. 8808, effective June 7, 2002

Part 257 Cooperative Groundwater Protection Program

8 Ill. Adm. Code 257.10 Definitions

Definitions for this Part can be located in Section 2 of the Lawncare Products Application and Notice Act (415 ILCS 65/2), Section 3 of the Illinois Fertilizer Act of 1961 (505 ILCS 80/3), and Section 4 of the Illinois Pesticide Act (415 ILCS 60/4). The following definitions shall also apply to this Part:

"Activity" means a unit for the storage and related handling of pesticides or fertilizers at an agrichemical or lawncare facility.

"Agrichemical facility" means a site used for commercial purposes, where bulk pesticides are stored in a single container in excess of 300 gallons of liquid pesticide or 300 pounds of dry pesticide for more than 30 days per year or where more than 300 gallons of liquid pesticide or 300 pounds of dry pesticide are being mixed, repackaged or transferred from one container to another within a 30-day period or a site where bulk fertilizers are stored, mixed, repackaged or transferred from one container to another.

"Agrichemical Spill" means a release outside an operational area containment or secondary containment structure involving more than 25 gallons of liquid fertilizer or 100 pounds of dry fertilizer or 5 pounds of liquid or dry active ingredient equivalent of pesticides; except that for reportable substances, it means when the amount spilled equals or exceeds the reportable quantity (RQ) for those chemical substances.

"Agrichemicals" means pesticides or commercial fertilizers at a facility, but does not include anhydrous ammonia fertilizer material.

"Alterations" means permanent changes in activities or processes at a facility or changes in stored and handled product mix which do not modify the efficiency of containment structures or systems.

"Category A Geologic Vulnerability" means the geologic material associated with a community water supply well with a 400 foot minimum setback zone deriving water from an unconfined shallow fractured or highly permeable bedrock formation or from an unconsolidated and unconfined sand and gravel formation. For any other potable water supply well, it means that Class I or III groundwater is located at or within 50 feet of the land surface and the top of such potable well screen or open interval is less than or equal to 100 feet from the land surface.

"Category B Geologic Vulnerability" means the geologic material associated with a community water supply well with a 200 foot minimum setback zone not deriving water from an unconfined shallow fractured or highly permeable bedrock formation or from an unconsolidated and unconfined sand and gravel formation. For any other potable water supply well, it means that Class I or III groundwater is located more than 50 feet from the land surface or the top of such potable well screen or open interval is more than 100 feet from the land surface.

"Central distribution facility" means a site that is not an agrichemical facility that is used for the storage and related handling of pesticides and/or fertilizers at a central location for the purpose of distribution to retail sales outlets.

"Commercial" means buying and selling agrichemicals and agrichemical services for compensation.

"Community Water Supply" means a public water supply which serves at least 15 service connections used by residents or regularly serves at least 25 residents for at least 60 days per year.

"Detection" means the identification of a contaminant in a sample at a value equal to or greater than the:

Method Detection Limit or MDL, which means the minimum concentration of a substance that can be measured as reported with 99 percent confidence that the true value is greater than zero pursuant to 56 Fed. Reg. 3526 thru 3597 (January 30, 1991); or

Method Quantitation Limit or MQL, which means the minimum concentration of a substance that can be measured and reported pursuant to "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods".

"Existing activity" means an activity that was in operation or for which there was commencement of construction on or before the effective date of these regulations or on or before the effective date of a regulated recharge regulation affecting such activity.

"Groundwater" means groundwater as defined in the Illinois Groundwater Protection Act (415 ILCS 55).

"Lawncare facility" means a site subject to the provisions of Section 5 of the Illinois Lawncare Products Application and Notice Act (415 ILCS 65/5).

"Load or loading" means the transfer of formulated pesticide at a facility from facility storage to application equipment resulting in use dilutions or the transfer of bulk pesticides to field nursing transportation equipment or the transfer of liquid fertilizer or dry fertilizer at facilities from facility storage to application equipment and field nursing transportation equipment.

"Mini-bulk container" means a portable container which is designed for transportation and has a capacity of not less than 100 gallons nor more than 660 gallons.

"Minimal consequence" means that an agrichemical spill has been responded to in a timely and appropriate manner and that the Department has no reason to believe that such spill will result in contamination of the vadose zone or groundwater.

"Modification" means changes in structures, processes or activities at a facility which change the efficiency or effectiveness of the containment structures or systems; i.e., changes in capacity.

"New activity" means an activity that is not an existing activity.

"Non-Community Water Supply" means a public water supply that is not a community water supply, and has at least 15 service connections used by nonresidents, or regularly serves 25 or more nonresident individuals daily for at least 60 days per year.

"Operational activity" means loading, unloading, and mixing of agrichemicals and or the cleaning of agrichemical transportation or application equipment at a facility.

"Operational area" means an area or areas at the facility where agrichemicals are loaded, unloaded, mixed, repackaged, or where agrichemicals are cleaned and washed from application, storage or transportation equipment.

"Operational area containment structure or system" means any structure or system used to intercept or prevent runoff or leaching, and contain spills and residues containing agrichemicals from operational activities such as loading, unloading, mixing, and equipment washing and rinsing.

"Packaged goods" means portable containers which are designed for transportation and have capacities of less than 100 gallons.

"Poly-materials" means any non-metallic, natural or synthetic compound or mixture of compounds created by the process of polymerization which, in its rigid form, can be used for the construction of agrichemical storage vessels (e.g., polyethylene, polyolefins, polyvinyl chloride, etc.). For the purposes of this Part, this definition shall also include all materials generally referred to as plastic or rubber.

"Regulated Recharge Area" means a compact geographic area, as determined by the Pollution Control Board, the geology of which renders a potable resource groundwater particularly susceptible to contamination.

"Reportable quantity" or "RQ" means a quantity that equals or exceeds the reportable quantity for substances listed in the Appendix to 49 CFR 172.101 (1988) or in Appendix A of 40 CFR 355 (1988).

"Reportable substance" means any substance listed in the Appendix to 49 CFR 172.101 (1988) or in Appendix A of 40 CFR 355 (1988).

"Secondary containment structure" means any structure or basin used to contain agrichemical spills and prevent runoff or leaching from bulk agrichemical containers.

"Setback Zone" means a geographic area, established under the Illinois Environmental Protection Act (415 ILCS 5), containing a potable water supply well or potential source or potential route, having a continuous boundary, and within which certain prohibitions or regulations are applicable in order to protect groundwaters.

"Underground water" means underground water as defined in the Illinois Groundwater Protection Act (415 ILCS 55).

"Unload or unloading" means the transfer at a facility of formulated pesticide in an unaltered state from the transport vehicle into facility storage or the transfer of bulk commercial fertilizer in an unaltered state from the transport vehicle into facility storage.

"Vadose Zone" means the area beneath the land surface which contains underground water that is not groundwater.

8 Ill. Adm. Code 257.20 Scope and Application

This Part shall apply to facilities that have filed with the Illinois Department of Agriculture either a written notice of intent or certified intent to be subject to the provisions of Section 14.6 of the Illinois Environmental Protection Act (415 ILCS 5/14.6) and have an activity located within a potable water supply well setback zone, have an existing activity located within a distance from the wellhead of a community water supply well to the activity not to exceed 2500 feet in a regulated recharge area, or have a new activity located within a regulated recharge area.

8 Ill. Adm. Code 257.30 Incorporation by Reference

The Department incorporates the following material by reference:

ASTM. American Society for Testing Materials, 1976 Race Street, Philadelphia PA 19103 (215)299-5585.

"Ground Water and Vadose Zone Monitoring", ASTM STP 1053, 1990, pp. 7-24.

"Standard Guide for Pore-Liquid Sampling in the Vadose Zone", ASTM D4696-92, June 1992, pp. 984-1014.

NTIS. National Technical Information Service, 5285 Port Royal Road, Springfield VA 22161 (703)487-4600.

"Methods for Chemical Analysis of Water and Wastes", EPA Publication No. EPA-600/4-79-020 (March 1983), Doc. No. PB 84-128677.

"Methods for the Determination of Organic Compounds in Drinking Water", EPA, EMSL, EPA-600/4-88/039 (Dec. 1988), Doc. No. PB 89-220461.

"Practical Guide for Ground-Water Sampling", EPA Publication No. EPA/600/2-85/104 (September 1985), Doc. No. PB 86-137304

"Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods", EPA Publication No. SW-846 (Third Edition, 1986, as amended by Revision I, December 1987), Doc. No. PB 89-148076.

8 Ill. Adm. Code 257.40 Facility Review Report

a) Activities at central distribution facilities, Class A and B lawncare facilities and other affected facilities shall not be subject to the provisions of this Section.

b) For an activity located within a minimum setback zone(s), a facility review shall be conducted by the owner or operator based on the following compliance schedule.

1. A facility review report shall be submitted to the Department no later than March 31, 1994, for a site located in a category A geologic vulnerability area.

2. A facility review report shall be submitted to the Department no later than June 30, 1994, for a site located in a category B geologic vulnerability area.

c) For an activity located within a maximum setback zone(s), a facility review shall be conducted by the owner or operator based on the following compliance schedule.

1. A facility review report shall be submitted to the Department no later than June 30, 1994, or within 90 days after the effective date of a maximum setback zone ordinance or regulation, whichever is later, for a site located in a category A geologic vulnerability area.

2. A facility review report shall be submitted to the Department no later than September 30, 1994, or within 90 days after the effective date of a maximum setback zone ordinance or regulation, whichever is later, for a site located in a category B geologic vulnerability area.

d) On or after September 30, 1994, for an activity located within a regulated recharge area, the owner or operator shall submit a facility review report within 90 days after the effective date of the recharge area regulation.

e) The owner or operator shall conduct a facility review and prepare a report that consists of the following, at a minimum:

1. description of the affected potable water well's applicable setback zone(s) in relation to the site.

2. location of the site on a 7.5 minute topographic map.

3. description of the site geologic vulnerability as category A or category B, utilizing information from existing sources, including but not limited to the following:

A) Illinois State Geological Survey's "Potential for Agricultural Chemical Contamination of Aquifers Map"; and

B) geologic well logs; or

C) on-site investigation.

4. evaluation of the on-site facility well integrity to determine if such well has been constructed (or reconstructed) to meet the Illinois Water Well Construction Code (415 ILCS 30) and 35 Ill. Adm. Code 920.

5. description of the proposed monitoring program.

f) The Department shall determine whether the Facility Review Report is:

1. incomplete; or

2. substantially complete and monitoring may proceed accordingly while deficiencies are corrected; or

3. complete as submitted.

If a Facility Review Report is incomplete or substantially complete, the Department shall specify the time frame for correction of the deficiencies. The Department shall approve or reject with reasons therefor the Facility Review Report within 90 days.

g) The Department shall coordinate with the Agency on the facility review process for community and non-community water supply wells. Within three business days after receipt of a facility review report related to a community and non-community water supply well, the Department shall forward a copy of the report to the Agency. The Agency may provide a written response regarding the adequacy of the report within 60 days after receipt. When such written response is provided, concurrence from the Agency shall be obtained by the Department for the final action to be taken regarding the report.

8 Ill. Adm. Code 257.50 Site Monitoring

a) Activities at central distribution facilities, Class A and B lawncare facilities, and other affected facilities shall not be subject to the provisions of this Section.

b) The owner or operator shall implement a monitoring program based on the Department's determination regarding the Facility Review Report and the requirements of this Section. In a minimum setback zone, such monitoring program shall be operable no later than 120 days after the Department's determination. In a maximum setback zone or regulated recharge area, such monitoring program shall be operable no later than 120 days after receipt of a notice to proceed from the Department. The monitoring program for activities at a facility within a setback zone or regulated recharge area shall consist of one of the following:

1. groundwater monitoring from an on-site facility water well(s) or a monitoring well(s); or

2. alternate monitoring program approved by the Department.

c) An alternate monitoring program within minimum setback zones, maximum setback zones, or regulated recharge areas shall provide for:

1. adequate characterization of on-site conditions; and

2. detection capability within or above the vadose zone at the facility.

d) Within three (3) days after occurrence, the owner or operator of an agrichemical or lawncare facility, except Class A or B lawncare facilities, shall provide the Department written notification of all agrichemical spills. The written notification shall include the following:

1. date, time, and location of the occurrence;

2. the type and amount of the agrichemical(s) involved;

3. the response action taken; and

4. the results associated with the response action.

e) Groundwater monitoring within a minimum setback zone shall be conducted as follows:

1. quarterly monitoring in a category A geologic vulnerability area for five years except that monitoring may be conducted semi-annually after the first year upon approval by the Department.

2. semi-annual monitoring in a category B geologic vulnerability area for five years except that monitoring may be conducted annually after the first year upon approval by the Department.

3. A facility request to alter the monitoring schedule or to discontinue monitoring shall include all monitoring results. Monitoring may be altered or discontinued upon approval by the Department if there were no confirmed pesticide detections at or above the MQL and nitrate-nitrogen levels had not exceeded 10 mg/l during the following specified periods:

A) one (1) year of monitoring for alteration; or

B) five (5) consecutive years of monitoring for discontinuance.

4. monitoring shall be resumed in accordance with subsection (g) if an agrichemical spill occurs at the facility unless the Department determines that such incident was of minimal consequence.

f) The Department may, based upon the criteria of subsection (2)(A) below, require groundwater monitoring or an alternate monitoring program at a facility that is located within a maximum setback zone and is within a category A geologic vulnerability area when the Department is advised that a facility represents a significant hazard as determined by a groundwater protection needs assessment, an advisory of groundwater contamination hazard, or an identification of hazard pursuant to Section 17.1 of the Illinois Environmental Protection Act (415 ILCS 5/17.1).

1. Upon receipt of such advisory, the Department shall notify the facility of this advisory and allow the facility 30 days to provide a written response.

2. The Department, within 45 days of when it is advised that a facility represents a significant hazard, shall provide a notice to proceed to the owner or operator of the affected facility when the Department determines that monitoring will be required. Such notice shall include a summary of the existing conditions which have resulted in the determination to require monitoring. In making such determination, the Department shall consider the following:

A) the information provided in the groundwater protection needs assessment, the advisory of groundwater contamination hazard, or the identification of hazard;

B) the operating history of the facility, including compliance with this Part and Part 255; and

C) the current and future agrichemical activities associated with the facility.

3. If groundwater monitoring is required pursuant to this subsection, it shall be conducted as follows:

A) semi-annually for five years except that after the second year the Department may approve monitoring on an annual basis.

B) A facility request to alter or discontinue monitoring shall include all monitoring results. Monitoring may be altered or discontinued upon approval by the Department if there were no confirmed pesticide detections at or above the MQL and nitrate-nitrogen levels had not exceeded 10 mg/l during the following specified periods:

i) two (2) consecutive years of monitoring for alteration; or

ii) five (5) consecutive years of monitoring for discontinuance.

C) Monitoring shall be resumed in accordance with subsection (g) if an agrichemical spill occurs at the facility unless the Department determines that such incident was of minimal consequence.

g) The Department may require groundwater monitoring or an alternate monitoring program at a facility where an agrichemical spill(s) has occurred after the effective date of this Part. In making a determination regarding post-agrichemical spill monitoring, the Department shall consider:

1. the operating history of the facility, including compliance with this Part and Part 255;

2. the number and severity of agrichemical spills that have occurred at the facility;

3. response actions at the facility; and

4. the potential adverse impacts on groundwater.

When post-agrichemical spill groundwater monitoring is required for facilities located in minimum setback zones, the owner or operator shall perform the monitoring as specified in subsection (e). For facilities located in a Category A maximum setback zone, the owner or operator shall perform the monitoring as specified in subsection (f). For facilities located in a Category B maximum setback zone or regulated recharge area, semi-annual monitoring shall be required for three years except that after the second year the Department may approve monitoring on an annual basis. A facility request to alter monitoring shall include all monitoring results. For facilities located in a Category B maximum setback zone or regulated recharge area, monitoring may be altered upon approval by the Department if there were no confirmed pesticide detections at or above the MQL and nitrate-nitrogen levels had not exceeded 10 mg/l during two (2) consecutive years of monitoring.

h) The owner or operator may file a request to discontinue monitoring for a facility located in a category B maximum setback zone or regulated recharge area provided there were no monitoring results that exceed the criteria specified in subsection (k) for three years after the start of the monitoring period. A facility request to discontinue monitoring pursuant to this subsection shall include all monitoring results. Monitoring shall be resumed in accordance with subsection (g) if an agrichemical spill occurs at the facility unless the Department determines that such incident was of minimal consequence.

i) A groundwater monitoring program shall provide for:

1. sampling and analysis procedures that are designed to ensure monitoring results that provide a reliable indication of groundwater quality below the activity. At a minimum the program shall include procedures and techniques for:

A) sample collection;

B) sample preservation and shipment;

C) analytical procedures; and

D) chain of custody control.

2. sampling and analytical methods that are appropriate for groundwater monitoring and that allow for detection and quantification of contaminants specified in this Section, and that are consistent with the sampling and analytical methods specified in Section 257.20. Appropriate immunoassay screening tests and procedures approved by the Department may be used in combination with the analytical procedures.

3. a minimum of five pesticides as approved by the Department. In selecting the appropriate pesticides to monitor the following criteria shall be considered:

A) the volume and quantity of the pesticides stored, disposed of, or otherwise handled at the facility; and

B) there is a groundwater standard for such parameter; or

C) if there is no groundwater standard, a health advisory level established by USEPA or under 35 Ill. Adm. Code 620.Subpart F; and

D) physical and chemical properties of the pesticides indicate the potential for transport to groundwater.

4. nitrate as nitrogen shall be monitored where nitrogen fertilizer is stored or handled.

j) All monitoring results shall be maintained on-site and be available for review on request by the Department.

k) Results of groundwater monitoring shall be submitted, where constituent concentrations exceed 50% of the groundwater standard(s) for pesticide(s), to the Department within 60 days after completion of sampling. Results for nitrate that exceed the groundwater standard shall also be submitted to the Department within 60 days after completion of sampling. This submission shall address the following:

1. evaluate the significance of the results; and

2. provide a description of the response action taken.

l) The Department may consider whether the owner or operator reasonably demonstrates that during review of the information provided under subsection (k) that groundwater contamination was a result of:

1. residual contamination from a prior agrichemical spill(s) where appropriate action has already been taken; or

2. the source of contamination is not due to an on-site agrichemical spill(s); or

3. the source of contamination was due to an agrichemical spill(s) prior to the effective date of this Part and which remains subject to other applicable provisions of existing State or federal laws or regulations adopted thereunder.

m) Results of alternate monitoring shall be submitted as required by the Department. This submission shall address the following:

1. evaluate the significance of the results; and

2. provide a description of the response action taken.

n) The Department may consider whether the owner or operator reasonably demonstrates that during review of the information provided under subsection (m) that contamination was a result of:

1. residual contamination from a prior agrichemical spill(s) where appropriate action has already been taken; or

2. the source of contamination is not due to an on-site agrichemical spill(s); or

3. the source of contamination was due to an agrichemical spill(s) prior to the effective date of this Part.

o) The Department shall evaluate the response action taken under subsection (k) or subsection (m), advise the owner or operator in writing regarding these findings, and provide a time frame for correction of any deficiencies. In performing the evaluation, the Department shall consider the following:

1. the extent and severity of on-site contamination;

2. the presence of potentially affected off-site water supply wells;

3. the frequency of monitoring; and

4. the appropriateness of the response.

p) The Department shall ensure that potential impacts on off-site water supply wells are evaluated and considered when making determinations about the adequacy of response actions. Such assurance shall include, when appropriate, water well sampling at a frequency and duration that is commensurate with the on-site conditions that caused the response action. The Department shall also coordinate its activities under this subsection with the Illinois Department of Public Health or local health department so that those off-site wells that are most likely to be impacted are afforded this consideration.

q) The Department shall consult with the Agency regarding technical components of alternate monitoring programs and procedures during the development process.

8 Ill. Adm. Code 257.60 Permits and Permit Modifications

a) An Agrichemical Facility Permit or Lawncare Containment Permit issued by the Department shall be obtained for each existing and new facility affected by this Part. Permit applications shall be submitted on forms provided by the Department. The application shall be accompanied by engineering plans and specifications for any construction or modification to be accomplished pursuant to the Permit. Such plans and specifications shall be prepared by an Illinois Professional Engineer when required by the provisions of the Illinois Professional Engineering Act (225 ILCS 325). A Permit shall be obtained before the commencement of any construction necessary to meet the compliance date, as determined by the applicable subsection(s) below. A Permit must be amended before the commencement of any modification to the facility. A Permit amendment shall not be required for alterations at the facility. A Permit will be transferred to a new owner or operator upon written notification by the permittee to the Department. Permits shall be renewed every 5 years.

b) An application for a Permit submitted by a corporation shall be signed by a principal executive officer of at least the level of vice president, or a duly authorized representative who is responsible for the overall operation of the facility described in the application. In the case of a partnership or a sole proprietorship, the application shall be signed by a general partner, a facility manager, or the proprietor respectively. In the case of a publicly owned facility, the application shall be signed by either a principal executive officer, ranking official or a duly authorized employee.

c) The Department shall issue a Permit within 90 days after receipt of the application, provided the documents accompanying the application indicate that the facility will be in compliance with the provisions of 8 Ill. Adm. Code 255, 8 Ill. Adm. Code 256, the provisions of this Part, as applicable, and the Environmental Protection Act (415 ILCS 5). In addition to completed application forms, documents which must be submitted include a location area map, detailed plot plan of the facility and any additional information the applicant or the Department deems necessary to fully describe the project. A Permit issued "with conditions" means that the facility is deficient in some area in order to meet full compliance with the before stated rules. A Permit with conditions would be issued if the operation of the facility during the period of time that the facility owner was correcting the deficiency does not jeopardize the environment. If the Department fails to grant or deny the Permit as requested or issue with conditions within 90 days from the date of receipt of the application, the applicant may deem the Permit granted for a one year period commencing on the 91st day after the application was received. If the application for a Permit is denied, the Department shall notify the applicant in writing as to why the permit was denied.

d) Facilities holding permits issued prior to the effective date of this Part shall file with the Department a request for permit modification which shall address any modifications to the facility required under this Part. Such filing shall occur within 180 days after the effective date of this Part. Construction of permitted facilities shall be completed within 180 days after permit issuance. If no facility modifications are required by the provisions of this Part, no permit modification shall be required.

e) An agrichemical facility general class permit issued by the Department shall be obtained by the owner or operator of a central distribution facility affected by this Part. The central distribution facility affected by this Part shall file with the Department an application for permit within 180 days after the effective date of this Part. Construction of permitted facilities shall be completed within 180 days after permit issuance.

f) Experimental Permits

1. To best aid the improvement of agrichemical containment technology, the Department shall issue Experimental Permits for containment processes or techniques that do not satisfy the requirements of this Part, provided the applicant submits a registered professional engineer's statement certifying that the design includes appropriate safeguards (i.e., quality control, quality assurance, and supportive analytical data) to ensure that the process or technique has a reasonably substantial chance for success (i.e., the quality control for the experimental design will indicate if there is any malfunction).

2. A valid Experimental Permit shall constitute a prima facie defense to any action brought against the permit holder for a violation of the Rules of this Part, but only to the extent that such action is based upon the failure of the process or technique.

3. All Experimental Permits shall have a duration not to exceed two years. Experimental permits which have been renewed at least once and have thus been in effect for at least 4 years may be renewed for a period of no greater than 5 years.

4. Application for renewal of an Experimental Permit shall be submitted to the Department at least 90 days prior to the expiration of the existing permit. To the extent the information to be supplied for renewal is identical with that contained in the prior permit application, the applicant shall so note on the renewal application, and the Department shall not require the submittal of data and information submitted with the original application.

8 Ill. Adm. Code 257.70 General Class Permits for Central Distribution Facilities

a) There shall be an agrichemical facility general class permit available for issuance by the Department to an owner or operator of a central distribution facility. In addition to completed application forms available from the Department, a submittal for an agrichemical facility general class permit shall include a location area map, a detailed plot plan of the facility, engineering plans of the containment structures, and any additional information the applicant or the Department deems necessary to fully describe the project.

b) All filled mini-bulks and packaged goods at a central distribution facility shall be warehoused in a designated secondary containment structure on a surface with a hydraulic conductivity not to exceed 1 X 10-6 cm/sec constructed and 10-5 cm/sec maintained. The surface shall be constructed of an impervious material compatible with the products being stored and capable of being properly decontaminated. There shall not be penetrations in the floor and all existing floor drains shall be sealed with a non-shrink grout.

c) The designated secondary containment structure shall include a minimum of a four (4)-inch curb or other flow-diverting structure or system to allow for the interception and retention of spilled materials within the secondary containment area. The minimum four (4)-inch curb or other flow-diverting structure or system shall completely surround the designated secondary containment structure.

8 Ill. Adm. Code 257.80 Structural Requirements

In addition to the requirements included in 8 Ill. Adm. Code 255 for agrichemical facilities, 8 Ill. Adm. Code 256 for lawncare facilities, and Section 257.70 of this Part for central distribution facilities, the following shall be required of facilities affected by this Part:

a) The use of underground structures, pits, or piping for the storage or transport of product, rinsates, wash water, or recycled liquid at any facility affected by this Part is prohibited. This prohibition shall not include sumps or wet wells which are used for the transfer of product, rinsates, wash water, or recycled liquid provided these structures maintain a detention time of seventy-two (72) hours or less.

b) All pesticide-related operational containment structures located at an agrichemical facility subject to 8 Ill. Adm. Code 255 shall be covered/protected from precipitation. This requirement shall include operational areas associated with the impregnation of dry fertilizer with pesticides.

c) All bulk pesticide storage tanks installed at agrichemical facilities subject to the provisions of 8 Ill. Adm. Code 255 shall be prohibited from being constructed of poly-materials unless a distance not less than one-half the total tank height is maintained between the perimeter of the tank wall and the interior wall surface of the secondary containment structure.

d) All filled mini-bulks and packaged goods shall be warehoused in a designated secondary containment structure on a surface with a hydraulic conductivity not to exceed 1 X 10-6 cm/sec constructed and 1 X 10-5 cm/sec maintained. The surface shall be constructed of an impervious material compatible with the products being stored and capable of being properly decontaminated. The designated secondary containment structure shall include a minimum of a four (4) -inch curb or other flow-diverting structure or system to allow for the interception and retention of spilled materials within the secondary containment area. The minimum four (4) -inch curb or other flow-diverting structure or system shall completely surround the designated secondary containment structure. There shall not be penetrations in the floor and all existing floor drains shall be sealed with a non-shrink grout. This requirement shall only apply to facilities which store at least 300 gallons or 300 pounds of pesticides; or 1,500 gallons of fertilizers in mini-bulks and packaged goods at any one time.

e) All transfer of agrichemicals between containers, including loading, unloading, repackaging and mixing, and equipment cleaning performed at an agrichemical facility subject to the provisions of 8 Ill. Adm. Code 255 shall be conducted within a containment system designed to intercept, retain, and recover operational and accidental spillage, leakage, wash water, and agrichemical residues. Construction materials of containment structures shall be compatible with the products handled and maintained in a condition to retain recovered material until it is used or properly disposed of. A containment system for such transfer piping during either a loading or unloading operation shall consist of one of the following:

1. concentric piping, catch trays, trenches, raceways, etc., or

2. annual pressure testing and visual inspection of the piping if constructed of stainless steel, or

3. annual pressure testing and visual inspection of the piping if constructed of materials other than stainless steel and the piping is not allowed to stand full of material during periods of non-operation.

8 Ill. Adm. Code 257.90 Operation and Management Practice Requirements

In addition to the requirements included in 8 Ill. Adm. Code 255 regarding agrichemical facilities and 8 Ill. Adm. Code 256 regarding lawncare facilities, the following operation and management practice requirements shall be followed at facilities affected by this Part:

a) All containment structures, storage tanks, valves, and piping shall be visually inspected at least daily during the application season and maintained as necessary to assure compliance with this Section. A written record of all inspections and maintenance shall be kept at the facility available for inspection by the Department. This requirement shall not be applicable to facilities issued general Class A or B lawncare containment permits.

b) Clay-based containment structures may be used for the construction of fertilizer secondary containment at agrichemical facilities subject to the provisions of 8 Ill. Adm. Code 255. Spilled materials held in clay-based secondary containment structures shall be removed within twenty-four (24) hours of detection unless the facility has notified and received approval from the Department. Direct discharge of collected precipitation from clay-based secondary containment structures shall be prohibited after a spill event until such time as the collected precipitation is demonstrated to be free of contaminants.

c) Drip and catch pans shall be placed under valves, pumps and hose connections at agrichemical and lawncare facilities where intermittent spillage has occurred.

d) An agrichemical facility shall require the transport vehicle operator to remain at the transport vehicle during all agrichemical loading and unloading operations. All unloading of bulk pesticides at an agrichemical facility shall be conducted over loading operational containment structures. The agrichemical facility shall post emergency telephone numbers at the designated fertilizer unloading area. The Department may require the bulk unloading of liquid fertilizers at an agrichemical facility over operational area containment with a containment capacity of not less than 500 gallons based on facility past performance and management practices pursuant to 8 Ill. Adm. Code 255.110.

e) The repair and maintenance of agrichemical application systems associated with application devices at agrichemical facilities and lawncare facilities shall be performed over operational area containment unless the device and the system have been thoroughly cleaned and rinsed. This requirement shall not be applicable to facilities issued general Class A or B lawncare containment permits.

f) Agrichemical facilities and lawncare facilities shall record the date and estimated amount of accumulated precipitation discharged from operational and secondary containment areas. The Department may require prior notification of discharge of collected precipitation from operational and secondary containment areas from selected facilities for a period of three (3) to six (6) months based on facility past performance and management practices pursuant to 8 Ill. Adm. Code 255.110 or 8 Ill. Adm. Code 256.70. Written records shall be maintained at the agrichemical facility for possible inspection by Department personnel. These requirements shall not be applicable to facilities issued a general Class A lawncare containment permit.

g) All mixing and loading activities at lawncare facilities shall be conducted over wash water containment areas.

h) All facility containment operations personnel associated with agrichemical facilities and lawncare facilities shall attend, at least once during the term of the facility permit, a training session offered by the Department regarding containment management and incident response. Programs offered by other sponsoring organizations may be utilized to meet this requirement provided that the Department has reviewed and approved the program content prior to its offering. The training session sponsoring organization shall issue, to all persons attending said training sessions, a certificate of participation. The sponsoring organization shall also maintain a record of all persons attending said training sessions and make such records available for inspection by the Department upon request. This requirement shall not be applicable to facilities issued general class A or B lawncare containment permits.

8 Ill. Adm. Code 257.100 Closure and Discontinuance of Operations

Facilities subject to this Part shall complete the following activities at the time of closure or discontinuance of operations:

a) All products and waste materials containing pesticide or fertilizer chemicals shall be removed from the premises in the following manner:

1. For agrichemical facilities, agrichemical products, rinsates, wash waters, contaminated soils and other materials containing agrichemicals, and all agrichemical containers shall be removed from the agrichemical facility site and disposed of or utilized in a legally acceptable manner.

2. For lawncare facilities, lawncare products, rinsates, wash waters, contaminated soils and other materials containing lawncare chemicals, and all lawncare containers shall be removed from the lawncare facility and disposed of or utilized in a legally acceptable manner.

3. For central distribution facilities, the owner or operator shall remove all pesticide and fertilizer product from the central distribution facility, and shall remove or decontaminate all residues, contaminated containment system components, contaminated soils, structures and equipment.

4. For other facilities, the owner or operator of the facility shall remove all pesticide and fertilizer products from the site and shall remove or decontaminate all residues, contaminated containment system components, contaminated soils, structures and equipment.

b) Facilities that were required to conduct monitoring during the active life of the site shall sample annually for a period of two years subsequent to closure or discontinuance of operations. The closure monitoring requirement may be modified if it is determined by the Department that the monitoring is not required or an alternate monitoring schedule is more appropriate.

c) In making such determinations the Department shall consider:

1. the operating history of the site relevant to citations for violations of applicable regulations;

2. the number and severity of pesticide and fertilizer spill(s) that have occurred at the site;

3. the results of active-life monitoring conducted by the facility; and

4. the degree of remediation and contaminant source removal carried out by the facility prior to closure.

d) The Department shall coordinate such determination with the Agency for community and non-community water supply wells by notifying the Agency of the recommended action and providing a 60-day review period. The Agency may provide a written response regarding the adequacy of the determination. When such written response is provided, concurrence from the Agency shall be obtained by the Department for the final action to be taken.

e) The owner or operator shall conduct monitoring in a manner consistent with the active life requirements for a facility except that all monitoring results shall be submitted to the Department.

f) The completion of closure activities shall be certified as follows:

1. Agrichemical facilities and central distribution facilities: Within 60 days after the completion of the closure activities the owner or operator of the agrichemical facility shall submit, by registered or certified mail, a certification that all closure requirements have been met. The certification must be signed by the owner or operator and an Illinois registered professional engineer. The Department may accept a certification signed by an authorized qualified person other than a registered professional engineer provided documentation is furnished which indicates that person has the knowledge and professional experience to determine that all closure requirements have been satisfied.

2. Lawncare facilities: Within 60 days after the completion of the closure activities the owner or operator of the lawncare facility shall certify and notify the Department of Agriculture in writing that all of the prescribed closure requirements have been met.

3. Other facilities: Within 60 days after the completion of the closure activities, the owner or operator of the facility shall certify and notify the Department in writing that all of the prescribed closure requirements have been met.

Part 258 Land Application Authorization Program

8 Ill. Adm. Code 258.10 Applicability

a) This Part applies to the owner or operator of an agrichemical facility who requests, pursuant to 415 ILCS 60/19(9), Department issuance of a written authorization for land application of agrichemical-contaminated soil or groundwater. The contaminated soil or groundwater must be the product of the environmental cleanup of agrichemical spill sites at:

1. agrichemical facilities,

2. in transit locations from an agrichemical facility to the field of application, or

3. the field of application.

b) This Part does not apply to the land application of contaminated soil or groundwater to any land other than farmland.

c) This Part does not apply to spill sites at which the contaminated soil exhibits a characteristic of hazardous waste as defined in 35 Ill. Adm. Code 721.120 through 124.

History

• Source: Amended at 26 Ill. Reg. 17155, effective November 18, 2002

8 Ill. Adm. Code 258.20 Severability

If any Section, subsection, sentence or clause of this Part is judged invalid, such adjudication shall not affect the validity of this Part as a whole or any Section, subsection, sentence or clause thereof not judged invalid.

8 Ill. Adm. Code 258.30 Definitions

Definitions for this Part can be located in Section 4 and Section 19 of the Illinois Pesticide Act [415 ILCS 60/4 and 19]. The following definitions shall also apply to this Part:

"Agrichemical" means pesticides or commercial fertilizers at an agrichemical facility, in transit from an agrichemical facility to the field of application, or at the field of application.

"Applicant" means an owner, operator or designated officer of an agrichemical facility who requests a Written Authorization for Land Application.

"Authorization" means a Written Authorization for Land Application.

"Commercial Fertilizer" is defined in 505 ILCS 80/3. For the purposes of this Part, commercial fertilizer also includes custom mixes as defined in 505 ILCS 80/3.

"Cropland" means land used for the agricultural production of plants and plant part commodities.

"Department" means the Illinois Department of Agriculture.

"Family of Pesticides" means a group of structurally similar compounds that exhibit common biochemical actions.

"Farmland" means lands utilized for agricultural purposes, including both areas used for cropland and areas used for field access lanes.

"Field Access Lane" means a private road utilized for admittance by vehicles of husbandry to cropland, but does not include private roads that provide primary access to a structure being used for human habitation.

"Groundwater" means groundwater as defined in the Illinois Groundwater Protection Act [415 ILCS 55/3].

"Incorporation" means mixing into the soil at a land application area.

"Label" means the written, printed graphic matter on or attached to the pesticide or device or any of its containers or wrappings. [415 ILCS 60/4]

"Land Application" means the environmental treatment of contaminated soil or groundwater by incorporation into farmland soils.

"Land Application Area" means the farmland upon which contaminated soil or groundwater is or will be applied.

"Pesticide" means any substance or mixture of substances intended for preventing, repelling, or mitigating any pest or any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant [415 ILCS 60/4.29].

"Regulated Recharge Area" means a compact geographic area, as determined by the Pollution Control Board pursuant to Section 17.4 of the Environmental Protection Act [415 ILCS 5/17.4], the geology of which renders a potable resource groundwater particularly susceptible to contamination [415 ILCS 5/3.67].

"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of pesticides into the environment, but excludes application of pesticides at agronomic rates under regulations established by the Department in accordance with the Illinois Pesticide Act [415 ILCS 60].

"Remediation Suitability Determination Level" or "RSDL" means the concentration of a pesticide residue in soil or groundwater that represents a level below which the Department considers the contaminated soil or groundwater to be suitable for land application.

"Setback Zone" means a geographic area, designated pursuant to the Environmental Protection Act, containing a potable water supply well or a potential source or potential route having a continuous boundary, and within which certain prohibitions or regulations are applicable in order to protect groundwaters [415 ILCS 5/3.61].

"Sinkhole" means any natural depression formed as a result of subsurface removal of soil or rock materials causing the formation of a collapse feature that exhibits internal drainage. The existence of a sinkhole shall be indicated by the uppermost closed depression contour lines on the USGS 7½ minute quadrangle topographic maps or as determined by field investigations.

"Soil", for the purposes of this Part, means the unconsolidated earth materials present at a spill site, including natural soils, gravel and soil/gravel mixtures.

"Spill Site" means the land area at which a pesticide or commercial fertilizer was released.

"Stockpile" means the storage, temporary storage, or containment of contaminated soil or groundwater in such a manner as not to constitute final disposal or land application.

"Written Authorization for Land Application" means a written statement issued by the Department granting approval for the land application of contaminated soil or groundwater to farmland in accordance with the provisions of this Part.

History

• Source: Amended at 26 Ill. Reg. 17155, effective November 18, 2002

8 Ill. Adm. Code 258.40 Incorporation by Reference

a) The Department incorporates the following material by reference:

1. NTIS – National Technical Information Service, 5285 Port Royal Road, Springfield VA 22161, (703) 487-4600.

"Methods for the Determination of Organic Compounds in Drinking Water", USEPA, Publication No. EPA-600/4-88-039 (December 1998).

"Methods for the Determination of Organic Compounds in Drinking Water, Supplement II", USEPA Publication No. EPA/600/R-92/129 (August 1992).

"Methods for the Determination of Organic Compounds in Drinking Water, Supplement III", USEPA Publication No. EPA/600/R-95/131 (August 1995).

"Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods", USEPA Publication Number SW 846 (Third Edition, Final Update III, December 1996), as amended by Updates I, IIA, and III (Document No. 955-001-00000-1).

2. University of Illinois Board of Trustees, 1401 South Maryland Drive, Urbana IL 61801 (217)333-2007.

"Illinois Agronomy Handbook 2001-2002", University of Illinoi at Urbana-Champaign, College of Agricultural, Consumer and Environmental Sciences (December 2000).

b) These incorporations by reference do not include any amendments or editions beyond the dates specified.

History

• Source: Amended at 26 Ill. Reg. 17155, effective November 18, 2002

8 Ill. Adm. Code 258.50 Remediation Suitability Determination

Contaminated soil that is the subject of an application for Department issuance of written authorization for land application must be evaluated for remediation suitability in accordance with this Section.

a) The applicant must develop an appropriate, site-specific list of agrichemicals known or suspected to have been released at the spill site. The compounds included in Appendices A and B of this Part may serve as a guide to the applicant in the development of the site-specific list of target pesticides and nutrients. Unless affirmatively demonstrated that an agrichemical has not been stored, mixed or loaded at the spill site, all pesticides listed in Appendix B must be considered target agrichemicals.

b) The contaminated soil must be sampled in accordance with the requirements of this Part and analyzed for the presence and concentration of the target agrichemicals included on the list of compounds required in subsection (a) of this Section.

c) If the list required in subsection (a) of this Section includes any of the pesticides listed in Appendix A of this Part, the mean concentration of the pesticide in the soil must be determined in accordance with the sampling and analysis procedures of Section 258.90. The mean pesticide concentrations of the contaminated soil must be compared to its associated Remediation Suitability Determination Level (RSDL) obtained from Appendix A of this Part. If the mean remediation media concentration for any pesticide listed in Appendix A of this Part is equal to or greater than its associated Remediation Suitability Determination Level, the contaminated soil may not be suitable for land application.

History

• Source: Amended at 26 Ill. Reg. 17155, effective November 18, 2002

8 Ill. Adm. Code 258.60 Written Authorization for Land Application

a) An Authorization issued by the Department pursuant to this Part must be obtained by an applicant prior to the commencement of any stockpiling of contaminated soil or land application of contaminated soil or groundwater at a proposed application area. If ownership of an agrichemical facility is transferred, an Authorization may be transferred to the new owner or operator of the agrichemical facility upon written notification by the applicant to the Department and approval by the Department.

b) An application for an Authorization must be submitted on forms provided by the Department. Information submitted in an application must include the following:

1. The facility name, address, telephone number, and facility identification number, if applicable; the applicant's full legal names, addresses and telephone numbers, including any authorized agents of the applicant and any contact persons to whom correspondence must be addressed; and the applicant's signature authorizing the application;

2. The full legal name, address and telephone number of the owners of the proposed land application area, including any authorized agents acting on behalf of such owners and any contact persons to whom correspondence must be addressed, and the signatures of the landowners authorizing the application;

3. The name, address, telephone number, and signature of the persons responsible for the project design and management;

4. Topographic and plat maps of the proposed land application area;

5. A location area map of the proposed land application area;

6. A soil survey map of the proposed land application area;

7. A listing of the agrichemical concentrations, a description of the methods utilized to determine the agrichemical concentrations, and the volume of contaminated soil or groundwater proposed to be land applied;

8. A description of the agricultural crop to be grown on the land application area and date of the proposed land application;

9. A proposed application method or procedure for contaminated soil or groundwater, application rate, and supporting data and calculations, including the label rates associated with each pesticide present and the identification of the most-limiting compound on which the contaminated soil or groundwater application rate is to be based, each of which must be consistent with the requirements found at Section 258.70(e) of this Part;

10. A description of the proposed method to be utilized for the calibration of the application device to ensure consistent distribution of contaminated soil or groundwater to the land application area and how the contaminated soil or groundwater will be incorporated into the soil; and

11. The legal description of the land application area and the acreage available at each site.

c) Applications for an Authorization must be accompanied by a letter of agreement from the owner of the application area, or the owner's authorized agent, indicating he or she understands the nature of the project and has agreed to participate. If land application to a field access lane is proposed, the owner or owners of the field access lane and all properties contiguous to the field access lane must provide letters of agreement to the Department indicating approval of the land application of contaminated soil or groundwater to the field access lane.

d) If contaminated soil or groundwater is applied to field access lanes or farmland currently enrolled in the Conservation Reserve Program, applications for an Authorization must include a statement of commitment by the applicant to collect and analyze soil samples from the land application area within six months after the application of contaminated soil or groundwater. Such samples must be analyzed for the presence and concentration of all analytes detected in the samples of contaminated soil or groundwater collected at the spill site that have been established as the basis for the proposed application rate. Analytical results of the soil sampling conducted after the application of contaminated soil or groundwater and any sampling required pursuant to Section 258.80 of this Part must be submitted to the Department as part of the Closure Reports.

e) If contaminated soil or groundwater is applied to cropland, applications for an Authorization must include a statement of commitment by the applicant to collect and analyze soil samples from the land application area at least two months prior to planting of the following crop. Analytical results of the soil sampling conducted after the application of contaminated soil or groundwater and any sampling required pursuant to Section 258.80 of this Part must be submitted to the Department as part of the Closure Reports.

f) Applications for an Authorization must include a description of the methods to be used to determine and document the actual amount of contaminated soil or groundwater applied to the land application area expressed in tons/acre or gallons/acre, as appropriate. Such methods must result in documentation that will be submitted to the Department as part of the Closure Report pursuant to Section 258.80 of this Part.

g) Upon receipt of an application, the Department shall review the application for compliance with the provisions of this Part.

1. If the submittal is incomplete, the Department shall notify the applicant in writing within 30 days after receipt and identify the deficiencies.

2. If the submittal is not in compliance with the provisions of this Part, the Department shall provide written notification of the reasons for denial to the applicant within 90 days after receipt.

3. If the submittal is complete and in compliance with the provisions of this Part, the Department shall issue written Authorization to the applicant within 90 days after receipt.

h) The Department may revoke any Authorization that has not been implemented within two years after the date of issuance. Upon request by the applicant, such Authorizations may be renewed by the Department after review.

i) The applicant shall submit a modified application if the concentrations of agrichemicals in the contaminated soil or groundwater, or the volume or application rate of contaminated soil or groundwater, are greater than specified in the original application; or if the applicant proposes changes in the location or size of the application area or in procedures for sample collection and analyses.

History

• Source: Amended at 26 Ill. Reg. 17155, effective November 18, 2002

8 Ill. Adm. Code 258.70 Operational Control Practices, Limitations and Restrictions

a) No applicant shall land apply contaminated soil or groundwater or stockpile contaminated soil:

1. within any Illinois Groundwater Protection Act (IGPA) [415 ILCS 55/14] defined wellhead setback zone or regulated recharge area;

2. within 200 feet of any surface water or within 1,000 feet of any surface water body that is the subject of any health advisory regarding agrichemicals listed in Appendix A;

3. within 20 feet of a farmland edge unless the application is to a field access lane and is performed consistent with Section 258.60(c);

4. within any flood plain with a return frequency of 10 years or less;

5. within 200 feet of a drainage tubing surface inlet;

6. within 200 feet of a sinkhole;

7. within 200 feet of a structure being used for human habitation at the time of the proposed application. In addition, no applicant shall land apply remediation media within 200 feet of a structure being used as a common place of assembly, such as a church, school or business;

8. on frozen farmland with a frost depth of one inch or greater;

9. on a portion of farmland that has a slope in excess of five percent; and

10. within 200 feet of any Class III: Special Resource Groundwater as defined by 35 Ill. Adm. Code 620.230.

b) No applicant shall stockpile groundwater at the application area.

c) No applicant shall stockpile contaminated soil at the application area for more than 30 calendar days without prior approval of the Department.

d) Stockpiles of contaminated soil at the application area must be located in such a manner that agrichemical migration, due to surface water, into setbacks established under subsection (a) of this Section and potential agrichemical migration to surface water or groundwater is prevented.

e) No applicant shall land apply contaminated soil or groundwater at rates in excess of pesticide label rates or generally accepted agronomic fertilizer application rates, as specified below. The most-limiting application rate shall govern the land application of contaminated soil or groundwater.

1. If a pesticide that is not labeled for use with the specific crop to be grown on a land application area is present in contaminated soil or groundwater with other pesticides that are labeled for use with the proposed crop, consideration must be given to any potential phytotoxic effects that could arise from the proposed land application to the crop to be grown when developing a proposed application rate. In such instances, the application rate of the non-labeled pesticide must not exceed 10 percent of its most limited label rate for use on other agricultural crops.

2. If more than one pesticide from a family of pesticides is present in the contaminated soil or groundwater, or when additive effects of the pesticides may be possible, consideration must be given to possible phytotoxic effects resulting from a contaminated soil or groundwater application rate based only on the single highest concentration present, and the proposed application rate must be reduced below such potential phytotoxic application rates.

3. If more than one pesticide is present in the contaminated soil or groundwater, consideration must be given to commercially available blends that contain those pesticides and the labeled rate of application associated with those commercially available blends. In such cases, the application rate of the contaminated soil or groundwater must be not greater than the labeled application rate of the commercially available blend.

4. If fertilizer containing nitrogen or phosphorus is present in the contaminated soil or groundwater, the land application rate must not exceed the most limiting of either the nutrient application rate or the pesticide label rate, whichever is more restrictive. Nitrogen and phosphorus application rates must be based upon the agronomic rates for the crop or commodity to be grown as contained in the Illinois Agronomy Handbook, incorporated by reference in Section 258.40.

f) In addition to the other provisions of this Part, applications of contaminated soil or groundwater on farmland currently enrolled in the Conservation Reserve Program shall only be allowed when the application includes a written statement from a representative of the United States Department of Agriculture – Natural Resource Conservation Service of the county where the proposed land application area is located that the proposed activity will not adversely affect the program status of the land application area.

History

• Source: Amended at 26 Ill. Reg. 17155, effective November 18, 2002

8 Ill. Adm. Code 258.80 Closure Reporting

a) A Closure Report must be submitted to the Department within 60 days after receipt of analytical results associated with closure sampling required under subsection (b) (1) of this Section.

b) The Closure Report shall include the following information:

1. Analytical results, including the mean and standard deviation for each analyte, from the soil sampling of the land application area:

A) conducted no later than two months prior to planting of the following crop; or

B) in the case of field access lanes or farmland currently enrolled in the Conservation Reserve Program, conducted no later than six months after the application of contaminated soil or groundwater ;

2. Documentation of the actual amounts of contaminated soil or groundwater that was land applied and calculations indicating that the application rates were equal to or less than those authorized by the Department;

3. Documentation of how the contaminated soil or groundwater was incorporated into the soils in the land application area.

c) Upon receipt of a Closure Report, the Department shall review the submittal and evaluate whether the report indicates that agrichemical levels in the soil at the proposed time of closure are below the soil closure objective concentrations listed in Appendix C of this Part.

1. If the submittal indicates that agrichemical concentrations in the land application area are below the soil closure objective concentrations listed in Appendix C of this Part, the Department shall issue a Notice of Closure within 45 days after receipt. The Notice of Closure shall indicate the applicant has land applied contaminated soil or groundwater to the application area in accordance with the Authorization and all requirements of this Part. An applicant that has been issued a Notice of Closure shall no longer be subject to the requirements of this Part.

2. If the submittal indicates that agrichemical concentrations in the land application area are not below the soil closure objective concentrations as listed in Appendix C of this Part, the Department shall, within 45 days from the date of receipt of the Closure Report, notify the applicant in writing as to why a Notice of Closure was not issued. The Department may require additional sampling and analyses of samples of the land application area and prescribe remedial measures to be conducted by the applicant to reduce the concentrations of agrichemicals in the land application area or to mitigate any potential adverse effects on crops or the environment. The applicant must conduct the prescribed activities and must prepare and submit a Closure Report detailing the results of the additional sampling and other measures as prescribed by the Department.

3. The Department shall send a copy of the notice of closure or the denial of the Notice of Closure to the owners of the land application area.

History

• Source: Amended at 26 Ill. Reg. 17155, effective November 18, 2002

8 Ill. Adm. Code 258.90 Sampling and Analysis

a) Contaminated soil or groundwater must be sampled in accordance with the requirements of this Part and analyzed for the presence and concentration of the target agrichemicals included on the list of compounds required in 8 Ill. Adm. Code 255.50(a). Soil samples may be composited. At least one composite soil sample is required per one-eighth acre of the spill site, using six subsamples per composite.

b) Soil samples from the land application area, excluding field access lanes, must be collected to the depth of incorporation or three inches, whichever is less. Soil samples from field access lanes must be collected to a depth of six inches.

c) Soil samples collected from the land application area must be analyzed for the agrichemicals that were the basis for determining the application rate of the contaminated soil or groundwater pursuant to Section 258.70(e).

d) Sampling of the land application area must be conducted in accordance with Appendix D of this Part, except field access lanes that must be sampled at the rate of at least one composite soil sample per 500 lineal feet.

e) All field and laboratory activities must satisfy the following to ensure that all data are scientifically valid and of known precision and accuracy:

1. All field sampling activities relative to sample collection, documentation, preparation, labeling, storage, shipment and security, quality assurance and quality control, acceptance criteria, corrective action, and decontamination procedures must be conducted in accordance with "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (SW-846), incorporated by reference at Section 258.40 of this Part.

2. All field measurement activities relative to equipment and instrument operation, calibration and maintenance, corrective action, and data handling must be conducted in accordance with SW-846, or with an equipment or instrument manufacturer's or vendor's published standard operating procedures.

3. All laboratory quantitative analyses of soil samples to determine concentrations of pesticides must be conducted fully in accordance with SW-846, relative to all facilities, equipment and instrumentation, operating procedures, sample management, test methods, equipment calibration and maintenance, quality assurance and quality control, corrective action, data reduction and validation, reporting, and records management. The practical quantitation limit (PQL) of the test methods selected must be less than or equal to the RSDLs contained in Appendix A of this Part.

4. All laboratory quantitative analyses of soil samples to determine concentrations of pesticides or nutrients must be conducted on the less than 2-mm fraction.

5. All laboratory quantitative analyses of soil samples to determine concentrations of pesticides that require more sensitive detection limits or cannot be analyzed by standard methods identified in SW-846 must be conducted in accordance with analytical protocols developed in consultation with and approved by the Department.

6. All groundwater monitoring and analytical procedures must be conducted in accordance with 35 Ill. Adm. Code 620.505 and 620.510.

7. All quantitative analyses of soil and groundwater samples that utilize any of the approved test methods identified in 35 Ill. Adm. Code 186.180 shall be completed by an accredited laboratory in accordance with the requirements of 35 Ill. Adm. Code 186. Quantitative analyses not utilizing an accredited laboratory in accordance with Part 186 shall be deemed invalid.

History

• Source: Amended at 26 Ill. Reg. 17155, effective November 18, 2002

8 Ill. Adm. Code 258.100 Penalties and Enforcement

Applicants who fail to comply with the provisions or conditions of a written authorization for the land application of contaminated soil or groundwater issued by the Department shall be subject to the administrative actions and penalties contained in Section 24.1 of the Illinois Pesticide Act [415 ILCS 60/24.1].

History

• Source: Amended at 26 Ill. Reg. 17155, effective November 18, 2002

8 Ill. Adm. Code 258.APPENDIX A Soil Remediation Suitability Determination Levels of Pesticides Listed as Hazardous Constituents in 35 Ill. Adm. Code 721

PESTICIDES

CAS NO.a

RECOMMENDED TEST METHODb

SOIL(mg/kg)

Aldicarb

116-06-3

8321

0.2

Aldrin

309-00-2

8081

0.1

Butylate

2008-41-5

8270

150

Carbofuran

1563-66-2

8270

3

Chlordane

57-74-9

8081

160

2,4-D

94-75-7

8151

6

4,4-DDD

72-54-8

8081

130

4,4-DDT

50-29-3

8081

380

Dieldrin

60-57-1

8081

0.08

Dimethoate

60-51-5

8141

0.07

Dinoseb

88-85-7

8151

0.4

Disulfoton

298-04-4

8141

0.5

Endosulfan

115-29-7

8081

3400

Endothall

145-73-3

8270

14

Endrin

72-20-8

8081

27

EPTC

759-94-4

8270

57

Heptachlor

76-44-8

8081

13

Lindane

58-89-9

8081

0.4

Methoxychlor

72-43-5

8081

4100

Parathion, Ethyl

56-38-2

8141

440

Parathion, Methyl

298-00-0

8141

15

Phorate

298-02-2

8141

2

2, 4, 5-TP

93-72-1

8270

370

Toxaphene

8001-35-2

8081

400

Sources: a Chemical Abstract Service

b USEPA Test Method (SW-846)

History

• Source: Amended at 26 Ill. Reg. 17155, effective November 18, 2002

8 Ill. Adm. Code 258.APPENDIX B Target Analyte List

PESTICIDES

CAS NO.a

RECOMMENDED

TEST METHODb

Acetochlor

34256-82-1

8151

Alachlor

15972-60-8

8081

Atrazine

1912-24-9

8141

Butylate

2008-41-5

8270

Chlorpyrifos

2921-88-2

8141

Cyanazine

21725-46-2

8141

Carbofuran

1563-66-2

8270

2,4-D

94-75-7

8151

Metolachlor

51218-45-2

8151

Metribuzin

21087-64-9

8270

Pendimethalin

40487-42-1

8091

Simazine

122-34-9

8141

Terbufos

13071-79-9

8141

Trifluralin

1582-09-8

8091

NUTRIENTS

Ammonia (as N)

Nitrate (as N)

Phosphorous (Bray P1)

a Chemical Abstract Service

b USEPA Test Method (SW-846)

History

• Source: Amended at 26 Ill. Reg. 17155, effective November 18, 2002

8 Ill. Adm. Code 258.APPENDIX C Soil Closure Objectives

RECOMMENDED

SURFACE

PESTICIDES

CAS No.a

TEST METHODb

(mg/kg)

acetochlor

34256-82-1

8151

0.9*

acifluorfen sodium

62476-59-9

8151

2.8

alachlor

15972-60-8

8081

1.7*

aldicarb

116-06-3

8321

1.6*

aldrin

309-00-2

8081

0.02

atrazine

1912-24-9

8141

1.7*

bentazon sodium

50723-80-3

8151

2.6

bromacil

314-40-9

8321

5.2

bromoxynil (o)

1689-99-2

8270

6.9

butylate

2008-41-5

8270

27

carbofuran

1563-66-2

8270

0.6

chlordane

57-74-9

8081

29

chlorimuron-ethyl

90982-32-4

8081

3.6

chlorpyrifos

2921-88-2

8141

50

cyanazine

21725-46-2

8141

1.1*

2,4-D

94-75-7

8151

1.1

4,4'-DDD

72-54-8

8081

22

4,4'-DDE

72-55-9

8081

64

4,4'-DDT

50-29-3

8081

66

diazinon

333-41-5

8141

0.2

dicamba

1918-00-9

8151

1.4

dieldrin

60-57-1

8081

0.01

dimethoate

60-51-5

8141

0.3*

dinoseb

88-85-7

8151

0.08

disulfoton

298-04-4

8141

0.2*

endosulfan

115-29-7

8081

600

endothall

145-73-3

8270

2.4

endrin

72-20-8

8081

5

EPTC

759-94-4

8270

10

glyphosate

1071-83-6

8321

350

HCH-alpha

319-84-6

8081

0.01

heptachlor

76-44-8

8081

2.3

heptachlor epoxide

1024-57-3

8081

3.8

lindane

58-89-9

8081

0.07

linuron

330-55-2

8321

1.7

malathion

121-75-5

8141

41

methoxychlor

72-43-5

8151

730

metolachlor

51218-45-2

8151

22

metribuzin

21087-64-9

8270

2.8

parathion, ethyl

56-38-2

8141

77

parathion, methyl

298-00-0

8141

2.6

pendimethalin

40487-42-1

8091

900

permethrin

52645-53-1

8081

3300

phorate

298-02-2

8141

1.1*

simazine

122-34-9

8141

1.7*

2,4,5-TP

93-72-1

8270

65

terbufos

13071-79-9

8141

0.4*

toxaphene

8001-35-2

8081

72

trifluralin

1582-09-8

8091

100

NUTRIENTS

SURFACE

Ammonia (as N) plus Nitrate (as N)

100 mg/kg

Phosphorous (Bray P1)

150 mg/kg

Notes:

a Chemical Abstract Service (CAS)

b USEPA Test Methods (SW-846)

• Application Rate Equivalents (AREs) are based on USEPA-approved pesticide label rates for the specific pesticide active ingredient and conservative assumptions about soil properties. AREs only apply to the upper three inches of soil and are used as the Soil Cleanup Objective (SCO) if the ARE is greater than the SCO value calculated using the Equation in 8 Ill. Adm. Code 259.350(a).

The application rate equivalents can be determined using the equation below:

ARE (mg/kg)

=

Application Rate (1b/acre) x (1 acre-foot / 43,560 ft3) x (1 ft3 / 110 1b) x (1 / 0.25 ft) x (1.0 x 106 mg/kg)

Where:

ARE = application rate equivalent (mg/kg) for coarse-textured, low organic matter content soils

Applicationrate = current label application rate (1b/acre)

History

• Source: Old Section 258.APPENDIX C renumbered to Section 258.APPENDIX D, New Section 258.APPENDIX C added at 26 Ill. Reg. 17155, effective November 18, 2002

8 Ill. Adm. Code 258.APPENDIX D Land Application Area Sampling

The number of composite sample collected from the land application area will depend on the size of the land application area. For areas up to 20 acres in size, the land application area must be divided into quadrants and a composite sample will be collected from each quadrant, providing four samples. Land application areas larger than 20 acres will be divided into five-acre square grids approximately 467 feet long on each side. A composite sample s will be collected from each of 4 randomly selected five-acre squares in land application areas up to 80 acres in size, representing no less than 25 percent of the five-acre grids. Land application areas larger than 80 acres will have 25 percent of the five-acre squares randomly sampled. The five-acre squares will be sampled by dividing the square into quadrants and obtaining a composite grab sample from each of the four quadrants. The number of composite samples for each land application area must be determined by multiplying the number of five-acre squares by 0.25 and rounding to the nearest whole number.

SAMPLE NUMBER DETERMINATION

LAND APPLICATION AREA

(ACRES) (A)

NUMBER OF FIVE

ACRE SQUARES (N)

NUMBER OF

SAMPLES (S)

5

N/A

4

10

N/A

4

15

N/A

4

20

N/A

4

40

8

4

60

12

4

80

16

4

100

20

5

120

24

6

140

28

7

160

32

8

A

N=A/5

S=N/4

The sample locations must be determined by assigning consecutive numbers to each five-acre square. A series of random numbers must be generated using a computer spreadsheet program or a random number table. The numbered five-acre squares that correspond to the random numbers must be sampled until the required number of samples is obtained.

The laboratory results must be evaluated to determine the mean concentration and standard deviation of the sample. The value of the concentration reported as present but below detection limit will be used in the calculations. A value of zero will be used for results that are reported as non-detectable.

All land application area samples must be collected from the soil profile, starting at the soil surface and extending to a depth specified in Section 258.90 of this Part.

History

• Source: Section 258.APPENDIX D renumbered from Section 258.APPENDIX C and amended at 26 Ill. Reg. 17155, effective November 18, 2002

Chapter I Department of Agriculture

Subchapter i Pesticide Control

Part 259 Agrichemical Facility Response Action Program

8 Ill. Adm. Code 259.110 Purpose

a) It is the policy of the State of Illinois that an Agrichemical Facility Response Action Program be implemented to reduce potential agrichemical pollution and minimize environmental degradation risk potential at the sites [415 ILCS 60/19.3a].

b) The purposes of this Part are to:

1. establish minimum default soil cleanup objectives for possible remediation of an agrichemical facility;

2. establish procedures for developing appropriate site-specific soil cleanup objectives;

3. provide general guidance on procedures for voluntary site assessments to assess the threat of groundwater contamination; and

4. establish procedures for the review and approval of voluntary corrective action plans and issuance of a notice of closure upon successful completion of corrective actions.

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

8 Ill. Adm. Code 259.120 Applicability

a) This Part applies to the owner or operator of an agrichemical facility who voluntarily requests approval of corrective action plans to remediate past agrichemical contamination.

1. An owner or operator who elects to participate in the Agrichemical Facility Response Action Program shall determine if soil or groundwater at an agrichemical facility contains agrichemicals at concentrations requiring cleanup pursuant to Subpart B of this Part.

2. An owner or operator who elects to participate in the Program shall conduct a site assessment to identify any agrichemical contamination of soil or groundwater and to develop sufficient information regarding the extent of any contamination to guide decisions about corrective actions pursuant to Subpart C of this Part.

3. If soil or groundwater at an agrichemical facility contains agrichemicals at concentrations requiring cleanup pursuant to Subpart B of this Part, an owner or operator who elects to participate in the Program, shall submit a corrective action plan for review by the Department and final approval by the Board pursuant to Subpart D of this Part.

b) Nothing in this Part limits the authority of the Illinois Environmental Protection Agency to provide notice of potential liability and need to conduct response actions or remedial activities or the release or threatened release of a regulated substance under Section 58.9(b) or Section 4(q) of the Illinois Environmental Protection Act [415 ILCS 5], to provide notice of apparent violations of the Environmental Protection Act, related regulations and/or permits pursuant to Section 31 of the Environmental Protection Act, to make enforcement referrals regarding apparent violations of the Environmental Protection Act, related regulations and/or permits pursuant to Section 42 or 43 of the Environmental Protection Act, or to undertake investigative, preventive or corrective action under any other applicable provisions of the Illinois Environmental Protection Act.

c) This Part does not apply to facilities at which the contaminated soils exhibit a characteristic of hazardous waste as defined in 35 Ill. Adm. Code 721.120 through 124.

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

8 Ill. Adm. Code 259.130 Severability

If any Section, subsection, sentence or clause of this Part is judged invalid, that adjudication shall not affect the validity of this Part as a whole or any Section, subsection, sentence or clause of this Part not judged invalid.

8 Ill. Adm. Code 259.140 Definitions

Except as stated in this Section, or unless a different meaning of a word or term is clear from the context, the definition of the words or terms in this Part shall be the same as that applied to the same words or terms in the Act.

"Act" means the Illinois Pesticide Act [415 ILCS 60].

"Agency" means the Illinois Environmental Protection Agency.

"Agrichemical" means pesticides or commercial fertilizers at an agrichemical facility. [415 ILCS 60/19.3]

"Agrichemical facility" means a site where agricultural agrichemicals are stored or handled, or both, in preparation for end use. The term does not include basic manufacturing facility sites or central distribution sites utilized only for wholesale purposes. [415 ILCS 60/19.3]

"Agrichemical Facility Response Action Program" or "Program" means a voluntary environmental remediation program as set forth in Section 19.3 of the Act.

"Applicant" means an owner, operator or duly authorized agent of an agrichemical facility submitting a request for approval of a corrective action plan.

"Board" or "Agrichemical Facility Response Action Program Board" means the board set forth in Section 19.3 of the Act.

"Class I groundwater" means potable resource groundwater as described in 35 Ill. Adm. Code 620.210.

"Class II groundwater" means general resource groundwater as described in 35 Ill. Adm. Code 620.220.

"Class III groundwater" means special resource groundwater as described in 35 Ill. Adm. Code 620.230.

"Commercial fertilizer" means a substance containing one or more recognized plant nutrients that is used for its plant nutrient content or that is designated for use or claimed to have value in promoting plant growth, including, but not limited to, nitrogen-containing compounds.

"Department" means the Illinois Department of Agriculture.

"Detection" means the identification of any agrichemical residue in a sample at a value equal to or greater than the:

"Method Detection Limit" or "MDL", which means the minimum concentration of a substance that can be measured as reported with 99% percent confidence that the true value is greater than zero, pursuant to 40 CFR 136, Appendix B (1997); or

"Method Quantitation Limit" or "MQL", which means the minimum concentration of a substance that can be measured and reported pursuant to "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods, SW-846" or "Methods for the Determination of Organic Compounds in Drinking Water, Supplement III of 1995".

"Duly authorized agent" means a person who is authorized by written consent or by law to act on behalf of an owner or operator including, but not limited to: for corporations, a principal executive officer of at least the level of vice president; or, for a sole proprietorship or partnership, the proprietor or a general partner.

"Groundwater" means groundwater as defined in Section 3 of the Illinois Groundwater Protection Act [415 ILCS 55/3].

"Groundwater quality standards" means the standards for groundwater set forth in 35 Ill. Adm. Code 620.

"Health advisory level" means a human threshold toxicant advisory concentration, as set forth in 35 Ill. Adm. Code 620, Subpart F.

"Licensed professional geologist" means a person who has a current license pursuant to the Professional Geologist Licensing Act of 1996 [225 ILCS 745].

"Licensed industrial hygienist" means a person who has a current license pursuant to the Industrial Hygienists Licensing Act of 1993 [225 ILCS 52].

"Notice of closure" means a written statement issued by the Department indicating that no further action is required to remedy the past agrichemical contamination at an agrichemical facility.

"Operator" means the person responsible for the operation and maintenance of an agrichemical facility.

"Owner" means the person who holds legal interest, liability or claim to the real property of an agrichemical facility.

"Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest or any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant [415 ILCS 60/4.29].

"Professional engineer" means a person who has a current license pursuant to the Professional Engineering Practice Act of 1989 [225 ILCS 325].

"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of agrichemicals into the environment, but excludes application of agrichemicals at agronomic rates under regulations established by the Department in accordance with the Act.

"Remediation suitability determination level" or "RSDL" means the concentration of a pesticide residue in soil that represents a level below which the Department considers the remediation media to be suitable for land application pursuant to 8 Ill. Adm. Code 258.

"Soil cleanup objective" or "SCO" means the concentration of any agrichemical in soil below which there is a minimal risk that the agrichemical will move from soil to groundwater and cause an exceedence of a Class I, Class II or Class III groundwater quality standard or a health advisory level.

"Target pesticide" means any pesticide that can reasonably be expected by persons conducting a site assessment to be present at an agrichemical facility on the basis of past and current storage or mixing and loading of the pesticide at the site.

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

8 Ill. Adm. Code 259.150 Incorporation by Reference

This Section incorporates the following material by reference. These incorporations by reference do not include any amendments or editions beyond the dates specified.

Roy, W.R. and I.G. Krapac, Potential Soil Cleanup Objectives for Nitrogen-Containing Fertilizers at Agrichemical Facilities, Soil and Sediment Contamination, 15:241-251, 2006.

NTIS. National Technical Information Service, 5285 Port Royal Road, Springfield VA 22161, (703) 487-4600.

"A Compendium of Superfund Field Operations Methods", EPA Publication No. EPA/540/0-87-001, OSWER Directive 9355.0-14 (December 1987).

"Methods for the Determination of Organic Compounds in Drinking Water, Supplement III", EPA Publication No. EPA/600/R-95/131 (August 1995).

"Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods", EPA Publication No. SW-846 (Third Edition, April 1998), as amended by Updates I, IIA, III and IIIA.

"Soil Screening Guidance: Technical Background Document", EPA Publication No. EPA/540/R-95/128, PB96-963502 (May 1996).

"Soil Screening Guidance: User's Guide", EPA Publication No. EPA/540/R-96/018, PB96-963505 (April 1996).

"Subsurface Characterization and Monitoring Techniques: A Desk Reference Guide, Volume I: Solids and Ground Water, Appendices A and B", EPA Publication No. EPA/625/R-93/003a (May 1993).

"Subsurface Characterization and Monitoring Techniques: A Desk Reference Guide, Volume II: The Vadose Zone, Field Screening and Analytical Methods, Appendices C and D", EPA Publication No. EPA/625/R-93/003b (May 1993).

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

8 Ill. Adm. Code 259.210 General

An owner or operator of an agrichemical facility who elects to participate in the Agrichemical Facility Response Action Program shall use the criteria in this Subpart to determine if soil at an agrichemical facility contains agrichemicals at concentrations that represent a significant environmental risk that must be managed under hazardous waste regulations, has agrichemical concentrations of moderate concern that may be managed under more flexible regulations, or has agrichemical concentrations that are below regulatory concern.

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

8 Ill. Adm. Code 259.220 Pesticides

a) If the pesticide concentrations in soil are equal to or greater than the remediation suitability determination levels in Appendix A of this Part, the soil is considered a high risk to cause an exceedence of a Class I or Class III groundwater quality standard or a health advisory level and is also considered to contain a hazardous constituent, subject to all applicable hazardous waste management requirements and restrictions (35 Ill. Adm. Code: Subtitle G: Chapter I: Subchapter c), and not suitable for land application pursuant to 8 Ill. Adm. Code 258.

b) Notwithstanding the requirements of subsection (a) of this Section, applicants may demonstrate that the contaminated soils may be safely land applied pursuant to 8 Ill. Adm. Code 258.150.

c) If the pesticide concentrations in soil are less than the remediation suitability determination levels in Appendix A of this Part, but are equal to or greater than the default soil cleanup objectives in Appendix B, the soil is considered a moderate risk to cause an exceedence of a groundwater quality standard or a health advisory level, and a corrective action plan to remediate the past contamination may be submitted to the Department and the Board for review. The soil may be suitable for the land application treatment program pursuant to 8 Ill. Adm. Code 258.

d) If the pesticide concentrations in soil are less than the default SCOs in Appendix B of this Part, the pesticide concentrations are considered below regulatory concern and the facility may apply for a notice of closure in accordance with Subpart E.

e) If the pesticide concentrations are less than the remediation suitability determination levels in Appendix A, but equal to or greater than the default SCOs in Appendix B, the applicant may undertake a detailed site assessment as described in Section 259.340 to develop the information necessary to propose site-specific SCOs, using the equations in Section 259.350(a). All site-specific cleanup objectives are subject to Board approval.

f) Pesticide concentrations in soils proposed to remain in place at the conclusion of corrective actions may not exceed the default SCOs in Appendix B, unless appropriate engineering barriers, in conjunction with necessary institutional controls, are approved as part of a corrective action plan.

g) If soil samples at a facility contain pesticides for which default SCOs are not listed in Appendix B, the applicant shall consult with the Department to develop an appropriate SCO.

h) The default SCOs for pesticides for surface soils in Appendix B apply to the upper 12 inches of the soil and any soil/gravel mixture within 12 inches of land surface. The subsurface SCOs for pesticides apply from 12 inches below land surface to 60 inches below land surface.

i) Default surface SCOs for pesticides are calculated using the equations in Section 259.350(a) and an organic carbon content (foc) of 0.008. The subsurface SCOs for pesticides are calculated using an foc of 0.002. If pesticides are present in soil at depths greater than 60 inches below land surface, the applicant shall measure the foc of at least 2 soil samples representative of the interval between 60 inches and the maximum depth at which pesticides are present in each boring within the area of contaminated soil. The variable foc may not be measured in soil samples with visible evidence of pesticide contamination. The measured foc shall be used in the equation in Section 259.350(a) to calculate the soil cleanup objective for contaminated soil below a depth of 60 inches.

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

Chapter I Department of Agriculture

Subchapter i Pesticide Control

Part 259 Agrichemical Facility Response Action Program

8 Ill. Adm. Code 259.230 Nitrate and Ammonium

a) If the nitrate or ammonium concentrations in soil are equal to or greater than the default soil cleanup objectives in Appendix C of this Part, the soil is considered a moderate risk to cause an exceedence of a groundwater quality standard or a health advisory level, and a corrective action plan to remediate the past contamination may be submitted to the Department and the Board for review. The soil may be suitable for the land application treatment program under 8 Ill. Adm. Code 258.

b) If the nitrate or ammonium concentrations in soil are less than the default SCOs in Appendix C of this Part, the nitrate or ammonium concentrations are considered below regulatory concern and the facility may apply for a notice of closure in accordance with Subpart E of this Part.

c) If the nitrate or ammonium concentrations are equal to or greater than the default SCOs in Appendix C of this Part, the applicant may undertake a detailed site assessment as described in Section 259.340 of this Part to develop the information necessary to propose site-specific SCOs, using the equations in Section 259.350(b) and (c) of this Part. All site-specific cleanup objectives are subject to Board approval.

d) Nitrate or ammonium concentrations in soils proposed to remain in place at the conclusion of corrective actions shall not exceed the default SCOs in Appendix C of this Part, unless appropriate engineering barriers, in conjunction with necessary institutional controls, are approved as part of a corrective action plan.

e) The default SCOs for nitrate as N in Appendix C of this Part shall apply to unsaturated soil and soil/gravel mixtures of the site regardless of depth from land surface.

f) The default SCOs for ammonium in Appendix C of this Part shall apply to the upper 12 inches of the soil and any soil/gravel mixture within 12 inches of land surface.

g) If ammonium is present at concentrations greater than 100 mg/kg in unsaturated soil at depths greater than 12 inches below land surface, the applicant shall measure the cation exchange capacities (CEC) of at least 2 soil samples representative of the interval between 12 inches and the maximum depth at which ammonium is present in each boring within the area of contaminated soil. The measured CEC shall be used in the equation in Section 259.350(c) of this Part to calculate the soil cleanup objective for contaminated soil below a depth of 12 inches.

h) Appendix F of this Part includes a list of Illinois soils and approximate CECs that shall be used with the table of default SCOs in Appendix C to calculate the SCO for a specific site.

History

• Source: Added at 32 Ill. Reg. 1308, effective January 21, 2008

8 Ill. Adm. Code 259.240 Groundwater Cleanup Objectives

a) The groundwater cleanup objectives for Class I and Class II groundwater are listed in Appendix D of this Part.

b) The applicant may use the Class II groundwater cleanup objectives in Appendix D of this Part to calculate a site-specific SCO using the equations in Section 259.350 of this Part, if adequately demonstrated, during an initial, final or detailed site assessment, that the uppermost 15 feet of groundwater underlying the contaminated area is classified as Class II groundwater. If this cannot be demonstrated, the Class I groundwater objective shall be used.

c) If groundwater samples from a facility contain pesticides for which groundwater cleanup objectives are not listed in Appendix C of this Part, the applicant should contact the Department for a determination of the groundwater objective.

History

• Source: Added at 32 Ill. Reg. 1308, effective January 21, 2008

8 Ill. Adm. Code 259.310 General

An owner or operator who elects to participate in the Agrichemical Facility Response Action Program shall conduct site assessments pursuant to this Subpart. The purposes of the site assessment are to identify any agrichemical contamination of soil or groundwater and to develop sufficient information regarding the extent of any contamination to guide decisions about corrective actions. The findings, opinions and conclusions of the site assessment shall be supported by adequate documentation. All site assessment activities shall be conducted by or under the supervision of a licensed professional geologist, professional engineer or licensed industrial hygienist. An applicant may request the Department's assistance in investigating suspected site contamination.

a) The results of the initial assessment pursuant to Section 259.320 of this Part and plans to conduct sampling and analyses shall be submitted to the Department and the Board for review. The results of the final site assessment pursuant to Section 259.330 of this Part shall also be submitted. Both phases may be conducted and the combined results submitted for review. Based on the results of the initial site assessment, the Department may recommend the addition or deletion of compounds from the list of target pesticides and recommend collection and analyses of groundwater samples.

b) All field and laboratory activities shall satisfy the following to ensure that all data are scientifically valid and of known precision and accuracy:

1. All field sampling activities relative to sample collection, documentation, preparation, labeling, storage, shipment and security, quality assurance and quality control, acceptance criteria, corrective action, and decontamination procedures shall be conducted in accordance with "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (SW-846), Vol. One, Ch. One (Quality Control) and Vol. Two (Field Manual), incorporated by reference at Section 259.150 of this Part. If approved by the Department, such activities also may be conducted in accordance with ASTM standards; methods identified in "A Compendium of Superfund Field Operations Methods" (EPA/540/0-87-001, OSWER Directive 9355.0-14, December 1987), "Subsurface Characterization and Monitoring Techniques: A Desk Reference Guide, Volume I: Solids and Ground Water, Appendices A and B" (EPA/625/R-93/003a, May 1993), or "Subsurface Characterization and Monitoring Techniques: A Desk Reference Guide, Volume II: The Vadose Zone, Field Screening and Analytical Methods, Appendices C and D" (EPA/625/R-93/003b, May 1993); or other procedures.

2. All field measurement activities relative to equipment and instrument operation, calibration and maintenance, corrective action, and data handling shall be conducted in accordance with SW-846, or with an equipment or instrument manufacturer's or vendor's published standard operating procedures.

3. All laboratory quantitative analyses of soil samples to determine concentrations of agrichemicals shall be conducted fully in accordance with SW-846, relative to all facilities, equipment and instrumentation, operating procedures, sample management, test methods, equipment calibration and maintenance, quality assurance and quality control, corrective action, data reduction and validation, reporting, and records management. The practical quantitation limit (PQL) of the test methods selected shall be less than or equal to the default SCO contained in Appendix B of this Part, or, if site-specific cleanup objectives have been determined, the PQL shall be less than or equal to the site-specific SCOs for the site.

4. All field or laboratory measurements of samples to determine physical or geochemical characteristics shall be conducted in accordance with ASTM standards or other procedures as approved by the Department.

5. All laboratory quantitative analyses of soil samples to determine concentrations of any regulated substances or agrichemicals that require more sensitive detection limits or cannot be analyzed by standard methods identified in SW-846 shall be conducted in accordance with analytical protocols developed in consultation with and approved by the Department.

6. All groundwater monitoring and analytical procedures shall be conducted in accordance with 35 Ill. Adm. Code 620.505 and 620.510.

7. All quantitative analyses of soil and groundwater samples utilizing any of the approved test methods identified in 35 Ill. Adm. Code 186.180 shall be completed by an accredited laboratory in accordance with the requirements of 35 Ill. Adm. Code 186. Quantitative analyses not utilizing an accredited laboratory in accordance with Part 186 shall be deemed invalid.

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

8 Ill. Adm. Code 259.320 Initial Assessment

a) The purpose of the initial site assessment is to develop an appropriate sampling and analysis plan based on the environmental conditions at the agrichemical facility. The specific objectives of the initial site assessment are to identify the following:

1. target pesticides,

2. locations of potable water supply wells,

3. the classification of the groundwater underlying the site,

4. soil and hydrogeologic conditions based on available information,

5. areas that may be locations of past agrichemical contamination, and

6. whether the facility is located within a delineated well head protection area, the minimum or designated maximum setback zone, or a regulated recharge area of a potable water supply well.

b) The initial site assessment shall provide the following:

1. a listing of target pesticides, which shall include all pesticides known or suspected to have been released, on the basis of interviews with the owner and operator and a site investigation by or under the supervision of a licensed professional geologist, professional engineer or licensed industrial hygienist.

A) Unless affirmatively demonstrated that a pesticide has not been stored, mixed or loaded on the site, all pesticides listed in this subsection (b)(1)(A) shall be considered target pesticides.

acetochlor

carbofuran

simazine

alachlor

2,4-D

terbufos

atrazine

metolachlor

trifluralin

butylate

metribuzin

chlorpyrifos

pendimethalin

B) An applicant may elect to limit the agrichemicals, media (soil or groundwater) or area included in a site assessment. If the site assessment is limited in any way, the notice of closure shall be limited to the agrichemicals, media or area included in the site assessment and any corrective actions;

2. facility site maps, at a scale no larger than 1 inch equals 200 feet, of sufficient detail and accuracy to show all of the following:

A) areas of the site that involve the storage or mixing and loading of agrichemicals,

B) site structures or buildings,

C) roads or driveways and parking facilities,

D) the location of the potable water supply for the site and any groundwater monitoring wells on the site, and

E) the map scale (graphic and nominal), north arrow, date, name and address of preparer, and location of the site with respect to section, township, range, and principal meridian;

3. a map, at a scale no larger than 1 inch equals 400 feet, that shows the facility boundaries and all of the following:

A) land uses (e.g., residential, commercial/industrial, agricultural and conservation property) within 200 feet of the site boundaries,

B) any potable water supply wells within 200 feet of the site boundaries, and

C) the map scale (graphic and nominal), north arrow, date, name and address of preparer, and location of the site with respect to section, township, range, and principal meridian;

4. a soil survey map of the site and the surrounding area within 200 feet of the site and soil interpretation for each soil series identified on the site or within 200 feet of the site for:

A) soil physical and chemical properties,

B) engineering index properties, and

C) soil and water features;

5. copies of lithologic and construction logs for any monitoring well or potable water supply well on or within 200 feet of the site. If copies are not available, the applicant shall provide:

A) an explanation as to why such data could not be obtained,

B) estimations of the diameter and total depth of each well, the screened interval of each well and the depth to water in each well, and how those values were determined, and

C) an estimation of the geologic conditions at each well site;

6. U.S. Geological Survey 7.5 minute topographic map showing the location of the facility, any community water supply wells within 2,500 feet of the site boundaries and the boundaries of any delineated well head protection area, the minimum or designated maximum setback zone or regulated recharge area for a community water supply well;

7. any pertinent reports containing hydrologic or geologic information by the Illinois State Water Survey, Illinois State Geological Survey or U.S. Geological Survey;

8. copies of prior site assessments and any pending, threatened or past litigation, administrative actions or notices from government entities regarding the storage or disposal of pesticides at the site; and

9. a detailed sampling and analysis plan including the following:

A) proposed number and location of soil samples,

B) total sampling depth and sampling depth intervals for soil samples,

C) locations and construction details for any proposed monitoring wells and any existing monitoring wells or water supply wells proposed for groundwater sampling,

D) list of analytes, analytical methods and expected detection limits in soil and water, and

E) quality assurance project plans for field and laboratory activities.

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

Chapter I Department of Agriculture

Subchapter i Pesticide Control

Part 259 Agrichemical Facility Response Action Program

8 Ill. Adm. Code 259.330 Final Assessment

a) The purposes of the final assessment are to execute the sampling and analysis plan for the soil and/or groundwater at the site and determine the locations of the agrichemical concentrations that are:

1. greater than or equal to the RSDLs,

2. greater than or equal to the SCOs, and

3. below the RSDLs and SCOs.

b) The final site assessment shall provide:

1. results of laboratory analyses or field screening measurements of agrichemical concentrations in soil and groundwater, including quality control samples;

2. facility site maps, at a scale no larger than 1 inch equals 200 feet, of sufficient detail and accuracy to show all of the following:

A) the locations of all soil samples, keyed to a table of analytical results,

B) the locations of any monitoring or water supply wells sampled, keyed to a table of analytical results,

C) the direction and rate of movement of agrichemicals in groundwater, if known,

D) areas of the site that involve the storage or mixing and loading of agrichemicals,

E) site structures or buildings,

F) roads or driveways and parking facilities,

G) the location of the potable water supply for the site and any groundwater monitoring wells on the site, and

H) the map scale (graphic and nominal), north arrow, date, name and address of preparer, and location of the site with respect to section, township, range, and principal meridian;

3. characterization of significant physical features of the facility and vicinity that may affect agrichemical fate and transport and risk to potable wells and Class I, Class II or Class III groundwater.

c) The applicant shall inform the Department of the schedule for conducting the final site assessment to allow representatives of the Department to observe assessment activities.

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

8 Ill. Adm. Code 259.340 Detailed Assessment for Development of Site-Specific Soil Cleanup Objectives

The purpose of the detailed assessment for site-specific SCOs is to provide the information necessary for the calculation of site-specific SCOs based on the site physical properties. The detailed assessment is optional and is only required when an applicant proposes corrective actions based on site-specific SCOs, instead of reliance on the default SCOs of Appendix B and Appendix C of this Part.

a) To determine site-specific physical soil and hydrogeologic parameters, a minimum of one boring per 0.5 acre of contaminated soil area shall be collected. This boring shall be deep enough to allow the collection of the required field measurements. The soil taken from the borings shall be visually inspected to ensure there are no significant differences in the stratigraphy. If there are similar soil types, one boring may be used to determine the site-specific physical soil parameters. If there are significant differences, all of the borings shall be evaluated before determining the site-specific soil parameters for the site. The site-specific physical parameters shall be determined from the portion of the boring representing the stratigraphic units being evaluated. In general, two samples from the boring shall be required:

1. a sample of the predominant soil type in the unsaturated zone, and

2. a sample of the predominant geologic unit in the saturated zone.

b) Not all of the parameters identified in the equations in Section 259.350(a) of this Part shall be determined on a site-specific basis. An applicant may collect partial site-specific information and use default values for the other parameters. Applicants should consider measuring the organic carbon content in all soil samples that have been collected to analyze for pesticide concentrations because the product of the Equation in Section 259.350(a) of this Part is most sensitive to the organic carbon content. The variable foc may not be measured in soils with visible evidence of pesticide contamination.

c) A site-specific groundwater dilution factor (DF) (used in developing SCOs based upon the protection of groundwater) may be determined by substituting site information in the equation in Section 259.350(a)(1) of this Part. A groundwater recharge rate (R in the equation in Section 259.350(a)(2) of this Part) less than 0.15 m/yr may not be used unless it is demonstrated through on-site testing of hydraulic properties that the saturated hydraulic conductivity of the geologic material in which a Class II groundwater occurs or of the geologic material overlying a Class I or III groundwater is smaller than 1 x 10-6 cm/sec. The mixing zone depth (d in the equation in Section 259.350(a)(2) of this Part) is the mean thickness of the geologic unit in which the Class I, II or III groundwater is present. A mixing zone depth larger than 6.5 meters may not be used in calculating a site-specific dilution factor.

d) In addition to the parameters in the equation in Section 259.350(a)(2) of this Part, the following information on hydrogeologic conditions beneath the site shall be determined:

1. mean depth to water table,

2. mean depth to uppermost Class I, Class II or Class III groundwater,

3. mean thickness of uppermost Class I, Class II or Class III groundwater, and

4. groundwater flow direction.

e) The applicant shall inform the Department of the schedule for conducting the final site assessment to allow representatives of the Department to conduct a site visit and observe assessment activities.

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

8 Ill. Adm. Code 259.350 Equations for Calculating Site-Specific Soil Cleanup Objectives

a) Site-specific soil cleanup objectives for pesticides are determined by the following equation:

Where:

SCO

=

soil cleanup objective (mg/kg)

Cw

=

target soil leachate concentration (mg/L)

Koc

=

organic carbon partition coefficient (L/kg)

foc

=

organic carbon content of soil (kg/kg)

Θw

=

water-filled soil porosity (Lwater/Lsoil)

Θa

=

air-filled soil porosity (Lair/Lsoil)

H'

=

Henry's law constant (dimensionless)

Ρb

=

dry soil bulk density (kg/L)

References:

"Soil Screening Guidance: User's Guide", p. 29, eq. 10.

"Soil Screening Guidance: Technical Background Document", p. 37, eq. 24.

1. The target soil leachate concentration can be determined by the following equation:

Where:

Cw

=

target soil leachate concentration (mg/L)

DF

=

groundwater dilution factor (dimensionless)

GWobj

=

groundwater cleanup objective (mg/L)

2. The dilution factor can be determined by the following equation:

Where:

DF

=

groundwater dilution factor (unitless)

K

=

aquifer hydraulic conductivity (m/yr)

i

=

hydraulic gradient (m/m)

d

=

mixing zone depth (m)

R

=

groundwater recharge rate (m/yr)

L

=

length of contaminated soil parallel to groundwater flow (m)

W

=

width of contaminated soil perpendicular to groundwater flow (m)

b) Site-specific soil cleanup objectives for nitrate as nitrogen can be determined by the following equation:

Where:

L

=

Liter

Cw

=

Target soil leachate concentration (mg/L)

c) Site-specific soil cleanup objectives for ammonium can be determined by the following empirical equation:

Where:

CEC

=

cation exchange capacity (meq/100g)

Reference:

Potential Soil Cleanup Objectives for Nitrogen-Containing Fertilizers at Agrichemical Facilities, Soil and Sediment Contamination.

d) The default values for the equations in subsections (a) and (b) of this Section are:

Parameter

Description

Default Value

DF

Groundwater dilution factor

30 (dimensionless)

foc

Organic carbon content of soil

0.008 kg/kg (0.8%) surface or 0.002 kg/kg (0.2%) subsurface

Θa

Air-filled soil porosity

0.2 (20%) Lair/Lsoil

Θw

Water-filled soil porosity

0.2 (20%) Lwater/Lsoil

Ρb

Dry soil bulk density

1.6 kg/L

H'

Henry's law constant

see Appendix E

Koc

Organic carbon partition coefficient

see Appendix E

GWobj

Groundwater cleanup objective

see Appendix D

CEC

Cation exchange capacity

see Appendix F

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

Chapter I Department of Agriculture

Subchapter i Pesticide Control

Part 259 Agrichemical Facility Response Action Program

8 Ill. Adm. Code 259.410 General

An owner or operator who elects to participate in the Agrichemical Facility Response Action Program shall submit corrective action plans for review by the Department and final approval by the Board pursuant to this Subpart.

8 Ill. Adm. Code 259.420 Submittal

The Agrichemical Facility Response Action Program application shall be submitted to the Department on forms prescribed and provided by the Department with attachments, plans, and reports, as necessary. The forms may be copied or combined, but shall contain original signatures. The application shall be mailed or hand-delivered to the address designated by the Department on the forms. Corrective action plans shall be prepared and implemented by or under the supervision of a licensed professional geologist, professional engineer, or licensed industrial hygienist.

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

8 Ill. Adm. Code 259.430 Contents

The application shall, at a minimum, contain the following information:

a) the facility name, address and telephone number and the applicant's full legal name, address and telephone number, including any duly authorized agents of the applicant, any contact persons to whom correspondence shall be addressed, and the original signature of the applicant certifying the accuracy and completeness of the application;

b) the agrichemical facility site identification number, if any, and the approximate size of the site in acres, and copies of all Department and Agency permits and endorsements pertaining to the site that are currently held by the owner or operator;

c) the results of any environmental site assessment conducted pursuant to Subpart C of this Part; and

d) the corrective action plan, which shall include the following:

1. a description of the scope of the problems to be addressed by the proposed action, including the specific agrichemicals and the physical area to be addressed by the corrective action plan;

2. a statement of remediation objectives and a description of the method used to determine the remediation objectives;

3. a description and justification of the remediation methods selected and how each remediation method identified in the corrective action plan fits into the overall strategy for addressing the past agrichemical contamination, including but not limited to:

A) feasibility of implementation; and

B) whether the methods will perform satisfactorily and reliably until the remediation objectives are achieved;

4. the proposed schedule of cleanup activities;

5. a description of any proposed engineered barriers or institutional controls necessary to achieve the remediation objectives, including long-term reliability, operation and maintenance requirements. For remediation of soil contamination, engineered barriers, in conjunction with institutional controls, may be used. The engineered barrier covering the contaminated soil shall consist of either caps constructed of compacted clay, asphalt, concrete or other material approved by the Department or permanent structures such as buildings;

6. if technologies to remediate groundwater contamination are proposed, a description of post-remediation monitoring, including:

A) purpose,

B) locations,

C) frequency, and

D) contingencies in the event of an exceedence of applicable groundwater quality standards or health advisory levels;

7. references and other informational sources included as appendices.

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

8 Ill. Adm. Code 259.440 Department and Board Review

The Department and Board will jointly review corrective action plans in accordance with this Section. The Board has the authority to approve or deny the Department's recommendation regarding the application for corrective actions.

a) For those corrective action plans that do not involve remediation of Class I or Class III groundwater, the Board and Department shall respond to the applicant within 90 days after receipt of an application. The Department will have 45 days from the receipt of an application to review and make a recommendation to the Board.

b) For those corrective action plans that involve remediation of Class I or Class III groundwater, the Board and Department shall respond to the applicant within 120 days after receipt of an application. The Department will have 75 days after the receipt of an application to review and make a recommendation to the Board.

c) The Department's record of the date of receipt of an application shall be deemed conclusive unless a contrary date is proved by a dated, signed receipt from the Department.

d) The Department shall notify the applicant in writing if the application or corrective action plan is incomplete.

e) Reasons for denial of an application include, but are not limited to, the following:

1. the application is incomplete,

2. the site does not meet the applicable requirements set forth in this Part, or

3. the proposed corrective actions will not attain the appropriate RSDL or SCO.

f) The Board shall have 30 days after the date of a recommendation by the Department to approve or deny the recommendation.

g) The Department's record of the date it submitted a recommendation shall be deemed conclusive.

h) The Board shall notify the Department in writing whether the recommendation is approved or denied.

i) The Department shall notify the applicant within 15 days of the Board's decision.

j) The notification of the Board's final action on the application shall be made by certified or registered mail.

k) The applicant may agree to waive the review deadline under this Section at the request of the Department or the Board.

l) Final action shall be deemed to have taken place on the date that the notice is mailed by the Department as determined by the postmark.

8 Ill. Adm. Code 259.450 Agency Notification and Review

The Department shall provide notice to the Agency when the results of any environmental site assessment indicate that agrichemical concentrations in Class I or Class III groundwater exceed any concentration level adopted as a standard pursuant to the Illinois Groundwater Protection Act or a health advisory level established by the Agency or the U.S. Environmental Protection Agency. If agrichemical contamination in Class I or Class III groundwater exceeds a groundwater quality standard or health advisory level, an applicant may elect to participate in the Agrichemical Facility Response Action Program. In these instances, the scope of the corrective action plans developed, approved and completed under the Program shall be limited to the soil agrichemical contamination at the site unless implementation of the plan is coordinated, pursuant to Section 19.3(f) of the Act, as follows:

a) Upon receipt of an application for approval of corrective action plans that include remediation of contaminated Class I or Class III groundwater, the Department shall notify the Agency and coordinate a joint review of the plan with the Agency.

b) The Agency may provide a written endorsement of the corrective action plan.

c) The Agency may approve a groundwater management zone for a period of 5 years after implementation of the corrective action plan to allow for groundwater impairment mitigation results.

d) The Department, in cooperation with the Agency, shall recommend a proposed corrective action plan to the Board for final approval to proceed with groundwater remediation. The Agency shall have 60 days after the date of the notice by the Department to recommend approval, denial, or modification.

e) The Department, in cooperation with the Agency, shall provide remedial project oversight, monitor remedial work progress, and report to the Board on the status of the remediation project.

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

8 Ill. Adm. Code 259.510 General

This Section provides for the issuance of a Notice of Closure following the satisfactory completion of corrective actions and submittal of a corrective action report.

a) Upon completion of the activities described in the approved corrective action plan, the owner or operator shall submit a corrective action report to the Department. The report must provide adequate evidence to demonstrate that the actions were completed in accordance with the approved plan and that the cleanup objectives have been attained.

b) The corrective action report shall provide the following:

1. certification, by the facility owner and by the licensed professional geologist, professional engineer or licensed industrial hygienist who conducted the site assessments and supervised implementation of the corrective action plan, that all components of the approved corrective action plan were fully implemented;

2. facility site maps, at a scale no larger than 1 inch equal to 200 feet, of sufficient detail and accuracy to show all of the following:

A) the boundaries of the facility;

B) any areas of the site from which agrichemical contaminated soils were removed;

C) any areas of the site on which an engineered barrier was installed; and

D) the map scale (graphic and nominal), north arrow, date, name and address of preparer, and location of the site with respect to section, township, range, and principal meridian;

3. a list of the agrichemicals that were included in the soil or groundwater remediation activities;

4. documentation of the volume of soil removed from the site and how the contaminated soil was disposed of;

5. as-built drawings of any engineered barriers constructed to achieve the approved remediation objectives;

6. copies of any documents describing institutional controls accompanying engineered barriers;

7. if groundwater remediation activities were conducted, copies of all analytical results of groundwater monitoring to demonstrate that the approved groundwater cleanup objectives were attained; and

8. the results of a final inspection by representatives of the Department or Board.

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

Chapter I Department of Agriculture

Subchapter i Pesticide Control

Part 259 Agrichemical Facility Response Action Program

8 Ill. Adm. Code 259.520 Issuance

a) The Board shall submit its recommendation on approval of a corrective action report within 30 days after receipt of the report from the Department.

b) The Department shall issue the Notice of Closure to the applicant within 15 days after the Board's recommendation for approval of a corrective action report.

c) The Department shall mail the Notice of Closure by registered or certified mail, post-marked with a date stamp and with return receipt requested.

d) Final action shall be deemed to have taken place on the date that the notice is postmarked.

8 Ill. Adm. Code 259.530 Contents

A Notice of Closure shall state that cleanup objectives for the site have been met and no further remedial action is required to remedy the past agrichemical contamination, pursuant to Section 19.3 of the Act, and include the following:

a) an acknowledgment that the requirements of the corrective action plan were satisfied;

b) a copy of the corrective action report submitted pursuant to Section 259.510 of this Part;

c) a statement that the issuance of the Notice of Closure signifies a release from further responsibilities under the Act;

d) if the remediation site includes a portion of a larger parcel of property or if the applicant has elected to limit either the area of soil or groundwater or the agrichemicals to be remediated, or both, the Notice of Closure shall be limited accordingly by its terms;

e) the prohibition against the use of any remediation site in a manner inconsistent with any institutional limitations without additional appropriate remedial activities;

f) a description of any preventive, engineering, and institutional controls required in the approved corrective action plan and notification that failure to manage the controls in full compliance with the terms of the corrective action plan may result in voidance of the Notice of Closure;

g) the recording obligations and opportunity to request a change in any institutional controls pursuant to this Part; and

h) if groundwater conditions were addressed during the site assessment or corrective action, the Agency and the Department may choose to include conditional requirements in accordance with the Illinois Groundwater Protection Act [415 ILCS 55] or the Groundwater Quality Standards (35 Ill. Adm. Code 620).

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

8 Ill. Adm. Code 259.540 Duty to Record

The applicant shall record the Notice of Closure with the Office of Recorder or the Registrar of Titles of the county within which the site is located within 30 days after receipt of the Notice of Closure. In addition, proof of recording of a closure report and Notice of Closure shall be submitted to the Department within 30 days after filing. Failure to provide proof of recording may lead to voidance of a Notice of Closure.

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

8 Ill. Adm. Code 259.550 Voidance

a) The Board may void a Notice of Closure for:

1. violation of any applicable institutional controls or land use restrictions;

2. failure of the owner, operator, or any subsequent transferee to maintain any approved engineering barriers or institutional controls;

3. disturbance or removal of contaminated soil that has been left in place in accordance with the corrective action plan;

4. failure to comply with the recording requirements of this Part;

5. obtaining the Notice of Closure by fraud or misrepresentation; and

6. subsequent discovery of agrichemicals not identified as part of the investigative or remedial activities upon which the issuance of the Notice of Closure was based.

b) If the Board voids a Notice of Closure, it shall provide notice to the current title holder of the remediation site.

1. The notice shall specify the cause for the voidance and describe facts in support of that cause.

2. The Department shall mail Notices of Voidance by registered or certified mail, date-stamped with return receipt requested.

3. The Department shall submit the Notice of Voidance to the Office of the Recorder or the Registrar of Titles for the county in which the site is located. The notice shall be filed in accordance with Illinois law so that it forms a permanent part of the chain of title for the site.

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

8 Ill. Adm. Code 259.APPENDIX A Remediation Suitability Determination Levels of Pesticides Listed as Hazardous Constituents in 35 Ill. Adm. Code 721

Pesticide Name

CAS No.a

Recommended

Test Methodb

RSDL (mg/kg)c

aldicarb

116-06-3

8321

0.2

aldrin

309-00-2

8081

0.1

butylate

2008-41-5

8270

150

carbofuran

1563-66-2

8270

3

chlordane

57-74-9

8081

160

2,4-D

94-75-7

8151

6

4,4'-DDD

72-54-8

8081

130

4,4'-DDT

50-29-3

8081

380

dieldrin

60-57-1

8081

0.08

dimethoate

60-51-5

8141

0.07

dinoseb

88-85-7

8151

0.4

disulfoton

298-04-4

8141

0.5

endosulfan

115-29-7

8081

3400

endothall

145-73-3

8270

14

endrin

72-20-8

8081

27

EPTC

759-94-4

8270

57

heptachlor

76-44-8

8081

13

lindane

58-89-9

8081

0.4

methoxychlor

72-43-5

8151

4100

parathion, ethyl

56-38-2

8141

440

parathion, methyl

298-00-0

8141

15

phorate

298-02-2

8141

2

2,4,5-TP

93-72-1

8270

370

toxaphene

8001-35-2

8081

400

Notes:

a Chemical Abstract Service (CAS)

b USEPA Test Methods (SW-846)

c Value using Class I groundwater objectives of Appendix D and surface soil conditions

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

8 Ill. Adm. Code 259.APPENDIX B Default Soil Cleanup Objectives - Pesticides

Pesticide Name

CAS No.a

Recommended

Test Methodb

Subsurface

(mg/kg)

Surface

(mg/kg)

acetochlor

34256-82-1

8151

0.12

0.9*

acifluorfen sodium

62476-59-9

8151

1.0

2.8

alachlor

15972-60-8

8081

0.02

1.7*

aldicarb

116-06-3

8321

0.02

0.03

aldrin

309-00-2

8081

0.01

0.02

atrazine

1912-24-9

8141

0.04

1.7*

bentazon sodium

50723-80-3

8151

1.2

2.6

bromacil

314-40-9

8321

3.3

5.2

bromoxynil (o)

1689-99-2

8270

2.1

6.9

butylate

2008-41-5

8270

7.7

27

carbofuran

1563-66-2

8270

0.3

0.6

chlordane

57-74-9

8081

7.2

29

chlorimuron-ethyl

90982-32-4

8081

1.3

3.6

chlorpyrifos

2921-88-2

8141

13

50

cyanazine

21725-46-2

8141

0.2

1.1*

2,4-D

94-75-7

8151

0.5

1.1

4,4'-DDD

72-54-8

8081

5.6

22

4,4'-DDE

72-55-9

8081

16

64

4,4'-DDT

50-29-3

8081

17

66

diazinon

333-41-5

8141

0.06

0.2

dicamba

1918-00-9

8151

1

1.4

dieldrin

60-57-1

8081

0.004

0.01

dimethoate

60-51-5

8141

0.01

0.01

dinoseb

88-85-7

8151

0.04

0.08

disulfoton

298-04-4

8141

0.02

0.2*

endosulfan

115-29-7

8081

150

600

endothall

145-73-3

8270

0.9

2.4

endrin

72-20-8

8081

1.2

5

EPTC

759-94-4

8270

3

10

glyphosate

1071-83-6

8321

91

350

HCH-alpha

319-84-6

8081

0.003

0.01

heptachlor

76-44-8

8081

0.6

2.3

heptachlor epoxide

1024-57-3

8081

0.9

3.8

lindane

58-89-9

8081

0.02

0.07

linuron

330-55-2

8321

0.5

1.7

malathion

121-75-5

8141

11

41

methoxychlor

72-43-5

8151

180

730

metolachlor

51218-45-2

8151

8.3

22

metribuzin

21087-64-9

8270

1.2

2.8

parathion, ethyl

56-38-2

8141

19

77

parathion, methyl

298-00-0

8141

0.7

2.6

pendimethalin

40487-42-1

8091

230

900

permethrin

52645-53-1

8081

830

3300

phorate

298-02-2

8141

0.09

1.1*

simazine

122-34-9

8141

0.05

1.7*

2,4,5-TP

93-72-1

8270

17

65

terbufos

13071-79-9

8141

0.07

0.4*

toxaphene

8001-35-2

8081

18

72

trifluralin

1582-09-8

8091

23

100

Notes:

a Chemical Abstract Service (CAS)

b USEPA Test Methods (SW-846)

• Application Rate Equivalents (AREs) are based on USEPA-approved pesticide label rates for the specific pesticide active ingredient and conservative assumptions about soil properties. AREs only apply to the upper one foot of soil or soil/gravel mixture and are used as the SCO for the upper one foot of soil or soil/gravel mixture if the ARE is greater than the SCO value calculated using the Equation in Section 259.350(a) of this Part and less than the RSDL value.

The application rate equivalents can be determined using the equation below:

Where:

AREs

=

application rate equivalent (mg/kg)

Applicationrate

=

current label application rate (lb/acre) for coarse-textured, low organic matter content soils

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

8 Ill. Adm. Code 259.APPENDIX C Default Soil Cleanup Objectives – Nitrate-N and Ammonium

Groundwater Conditions

Class I

Class II

Analyte Name

CEC

(mg/kg)

(mg/kg)

nitrate-N

N/A

80

800

ammonium

<8

500

1,000

8-15

1,000

3,600

15-24

2,200

9,300

24

5,000

20,300

Note: The default soil cleanup objectives for nitrate-N are based on an application rate equivalent to 160 pounds per acre.

History

• Source: Added at 32 Ill. Reg. 1308, effective January 21, 2008

8 Ill. Adm. Code 259.APPENDIX D Groundwater Cleanup Objectives (gwobj)

Name

CAS No.a

Recommended

Test Methodb

Subsurface

(mg/L)c

Surface

(mg/L)d

acetochlor

34256-82-1

505

0.002j

0.01g

acifluorfen sodium

62476-59-9

515.1

0.091f

0.455g

alachlor

15972-60-8

505

0.002

0.01

aldicarb

116-06-3

531.1

0.003

0.015

aldrin

309-00-2

508

0.000005e

0.000025e

ammonia

7664-41-7

350.2

10.0o

50.0o

atrazine

1912-24-9

505

0.003

0.015

bentazon sodium

50723-80-3

515.1

0.21f

1.05g

bromacil

314-40-9

507

0.7f

3.5g

bromoxynil(o)

1689-99-2

0.14f

0.7g

butylate

2008-41-5

507

0.35f

1.75g

carbofuran

1563-66-2

531.1

0.04

0.2

chlordane

57-74-9

508

0.002

0.01

chlorimuron-ethyl

90982-32-4

0.14f

0.7g

chlorpyrifos

2921-88-2

525.2

0.021f

0.105g

cyanazine

21725-46-2

508.1

0.014l

0.07g

2,4-D

94-75-7

515.1

0.07

0.35

4,4'-DDD

72-54-8

508

0.0004e

0.002e

4,4'-DDE

72-55-9

508

0.0003e

0.0015e

4,4'-DDT

50-29-3

508

0.0003e

0.0015e

diazinon

333-41-5

507

0.00063l

0.00315g

dicamba

1918-00-9

515.1

0.21f

1.05g

dieldrin

60-57-1

508

0.000005e

0.000025e

dimethoate

60-51-5

8141h

0.0014f

0.007g

dinoseb

88-85-7

515.1

0.007

0.07

disulfoton

298-04-4

507

0.00028f

0.0014g

endosulfan

115-29-7

508

0.2e

1.0e

endothall

145-73-3

548.1

0.1

0.1

endrin

72-20-8

508

0.002

0.01

EPTC

759-94-4

507

0.175f

0.875g

glyphosate

1071-83-6

0.7k

3.5g

HCH-alpha

319-84-6

508

0.00001e

0.00005e

heptachlor

76-44-8

505

0.0004

0.002

heptachlor epoxide

1024-57-3

505

0.0002

0.001

lindane

58-89-9

508

0.0002

0.001

linuron

330-55-2

508

0.014f

0.07g

malathion

121-75-5

0.14f

0.7g

methoxychlor

72-43-5

508

0.04

0.2

metolachlor

51218-45-2

507

1.05f

5.25g

metribuzin

21087-64-9

507

0.175m

0.875g

nitrate, as N

7631-99-4

300.0

10.0c

100.0d

parathion, ethyl

56-38-2

8141h

0.042f

0.21g

parathion, methyl

298-00-0

8141h

0.00175f

0.00875g

pendimethalin

40487-42-1

0.28f

1.4g

permethrin

52645-53-1

0.35f

1.75g

phorate

298-02-2

8141h

0.0014i

0.007g

simazine

122-34-9

505

0.004

0.04

2,4,5-TP

93-72-1

515.1

0.05

0.25

terbufos

13071-79-9

507

0.00175i

0.00875g

toxaphene

8001-35-2

508

0.003

0.015

trifluralin

1582-09-8

508

0.0525f

0.2625g

Notes:

a Chemical Abstract Service (CAS)

b USEPA "Methods for the Determination of Organic Compounds in Drinking Water" Supplement III of 1995

c Groundwater Quality Standards for Class I: Potable Resource Groundwater (35 Ill. Adm. Code 620.410)

d Groundwater Quality Standards for Class II: General Resource Groundwater (35 Ill. Adm. Code 620.420)

e Tiered Approach to Corrective Action Objectives (TACO): Values Used to Calculate the Tier I Soil Remediation Objectives for the Migration to Groundwater Portion of the Groundwater Ingestion Route (35 Ill. Adm. Code 742.Appendix B:Table F)

f Human Threshold Toxicant Advisory Concentration (HTTAC) from "Procedures for Determining Human Threshold Toxicant Advisory Concentration for Class I: Potable Resource Groundwater" (35 Ill. Adm. Code 620.Appendix A) using values from Integrated Risk Information System (IRIS), USEPA

g Class II GWobj values based on Class I GWobj values times 5

h USEPA "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods (SW-846)", July 1992

i HTTAC using values from Health Effects Assessment Summary Tables (HEAST), 1997, USEPA

j Value from the Acetochlor Registration Agreement monitoring program, http://www.epa.gov/oppefed1/aceto/index.htm

k MCL value from Drinking Water Standards and Health Advisories (Summer 2000, EPA 822-B-00-001)

l HTTAC using RfD value from Drinking Water Standards and Health Advisories (Summer 2000, EPA 822-B-00-001)

m HTTAC using RfD value from Risk Assessment Information System (RAIS), http://risk.lsd.ornl.gov/rap_hp.shtml

n In order to provide environmentally conservative default SCOs that take into account the potential for long-term nitrification, one-third of the USEPA's Lifetime Health Advisory Level for ammonia in drinking water (30 mg/L) is used as basis for the groundwater cleanup objectives for Class I and Class II groundwater (U.S. Environmental Protection Agency, 2004, 2004 Edition of the Drinking Water Standards and Health Advisories, Office of Water, Washington, D.C., EPA 822-R-04-005). Although the Lifetime Health Advisory Level was established for ammonia, most of the dissolved ammonia occurs as ammonium within the pH range (5.6-9.0) of Illinois groundwater.

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

8 Ill. Adm. Code 259.APPENDIX E Pesticide Organic Carbon Partition Coefficients and Henry's Law Constants

Pesticide Name

CAS No.a

Organic Carbon

Partition

Coefficients

Koc (L/kg)b

Henry's Law Constant

H' (unitless)c

acetochlor

34256-82-1

952d

9.14E-07f

acifluorfen sodium

62476-59-9

113

8.10E-13

alachlor

15972-60-8

124

1.32E-06

aldicarb

116-06-3

26

5.07E-09

aldrin

309-00-2

17500

1.65E-02

atrazine

1912-24-9

147

1.01E-07

bentazon sodium

50723-80-3

35

4.63E-14

bromacil

314-40-9

15h

4.57E-09

bromoxynil(o)

1689-99-2

190

1.31E-03

butylate

2008-41-5

304

3.46E-03

carbofuran

1563-66-2

46

2.10E-08

chlordane

57-74-9

60000

3.86E-03

chlorimuron-ethyl

90982-32-4

91h

7.48E-14

chlorpyrifos

2921-88-2

9930

3.02E-04

cyanazine

21725-46-2

218

1.34E-10

2,4-D

94-75-7

48

7.35E-11

4,4'-DDD

72-54-8

231000

3.64E-04

4,4'-DDE

72-55-9

883000

4.15E-03

4,4'-DDT

50-29-3

921000h

3.65E-04

diazinon

333-41-5

1520

2.90E-05

dicamba

1918-00-9

13

1.79E-08

dieldrin

60-57-1

12000

2.65E-05

dimethoate

60-51-5

20

5.61E-10

dinoseb

88-85-7

30g

2.44E-07

disulfoton

298-04-4

1345

6.68E-05

endosulfan

115-29-7

12400

1.19E-05

endothall

145-73-3

85

1.56E-14i

endrin

72-20-8

10000

5.99E-05

EPTC

759-94-4

223

6.56E-04

glyphosate

1071-83-6

2100

5.732-11

HCH-alpha

319-84-6

5440d

3.53E-04e

heptachlor

76-44-8

24000

1.43E-01

heptachlor epoxide

1024-57-3

78600d

2.05E-03e

lindane

58-89-9

1355

7.42E-05

linuron

330-55-2

496

2.56E-07

malathion

121-75-5

1200

4.64E-07

methoxychlor

72-43-5

76000

4.80E-04i

metolachlor

51218-45-2

70

9.91E-07

metribuzin

21087-64-9

52

1.48E-09

parathion, ethyl

56-38-2

7660

9.57E-06

parathion, methyl

298-00-0

6300

3.88E-07

pendimethalin

40487-42-1

12400

4.98E-04

permethrin

52645-53-1

39300

7.68E-05

phorate

298-02-2

1057

4.07E-04

simazine

122-34-9

140

3.96E-08

2,4,5-TP

93-72-1

5440d

2.04E-06e

terbufos

13071-79-9

650

1.09E-03

toxaphene

8001-35-2

100000

2.97E-05

trifluralin

1582-09-8

7200

6.21E-03

Notes:

a Chemical Abstract Service (CAS).

b Selected values from U.S. Department of Agriculture, Agriculture Research Service, Pesticide Properties Database (PPD), Alternate Crops & Systems Laboratory, Beltsville, Maryland, http://wizard.arsusda.gov/acsl/ppdb3.html, unless otherwise noted.

c H' = KH as atm-m3/mol {vapor pressure x molecular weight / solubility in water} x {R (gas constant) x T (temperature as degrees Kelvin)} = KH x 41 at 25° C. Values from the ARS Pesticide Properties Database (PPD), unless otherwise noted.

d Koc = 10((0.983 x log Kow) + 0.00028), log Kow linear relationship with Koc by Di Toro, 1985 (Technical Background Document, p. 140, incorporated by reference at Section 259.150), log Kow values from Syracuse Research Corporation, Physical Properties Database (PHYSPROP), http://esc.syrres.com/interkow/physprop.htm.

e Estimated KH values using data from the SRC Physical Properties Database (PHYSPROP) then converted to H' as noted in c above.

f KH values from the SRC Physical Properties Database (PHYSPROP) then converted to H' as noted in c above.

g Low Koc based on anionic nature (high solubility, low vapor pressure and above pH 5).

h Mean of values listed in ARS Pesticide Properties Database (PPD).

i Estimated using vapor pressure from SRC Physical Properties Database (PHYSPROP).

History

• Source: Amended at 32 Ill. Reg. 1308, effective January 21, 2008

8 Ill. Adm. Code 259.APPENDIX F Approximate Cation Exchange Capacities (cec) of Illinois Soils

This data was provided by Professor R. G. Hoeft, Department of Crop Sciences, University of Illinois at Urbana-Champaign

Soil Name

CEC (meq/100g)

Ade loamy fine sand

<8

Adrian muck

100

Aholt silty clay

24

Alford silt loam

8-15

Alford-Baxter complex

8-15

Alford-Bold complex

8-15

Alford-Hickory complex

8-15

Alford-Hurst silty clay loams

8-15

Alford-Ursa silt loams

8-15

Alford-Wellston silt loams

8-15

Alford-Westmore silt loams

8-15

Algansee fine sandy loam

<8

Allison silty clay loam

24

Alvin fine sandy loam

<8

Alvin-Lamont complex

<8

Ambraw clay loam

15-24

Ambraw silty clay loam, sandy substratum

15-24

Ambraw-Ceresco-Sarpy complex

8-15

Andres silt loam

15-24

Appleriver silt loam

8-15

Aptakisic silt loam

8-15

Aptakisic and Nappanee silt loams

8-15

Arenzville silt loam

8-15

Argyle silt loam

15-24

Armiesburg silty clay loam

15-24

Ashdale silt loam

15-24

Ashkum silty clay loam

24

Assumption silt loam

15-24

Atkinson loam

8-15

Atlas silt loam

8-15

Atlas-Grantfork complex

8-15

Atlas-Grantfork variant complex

8-15

Atterberry silt loam

8-15

Aurelius muck

100

Aurelius muck, sandy substratum

100

Ava silt loam

8-15

Ava-Blair complex

8-15

Ava-Hickory complex

8-15

Aviston silt loam

15-24

Ayr sandy loam

<8

Backbone loamy sand

8-15

Banlic silt loam

8-15

Barony silt loam

15-24

Barrington silt loam

15-24

Barrington and Varna silt loams

15-24

Bartelso silt loam

15-24

Batavia silt loam

8-15

Baxter cherty silt loam

8-15

Baylis silt loam

8-15

Beardstown loam

8-15

Beasley silt loam

8-15

Beaucoup silty clay loam

24

Beavercreek loam

<8

Bedford silt loam

8-15

Beecher silt loam

8-15

Belknap silt loam

8-15

Berks loam

8-15

Bertrand silt loam

8-15

Bethalto silt loam

15-24

Biddle silt loam

15-24

Biggsville silt loam

24

Biggsville-Mannon silt loams

15-24

Billett sandy loam

<8

Binghampton sandy loam

8-15

Birds silt loam

8-15

Birkbeck silt loam

8-15

Birkbeck-Miami silt loams

8-15

Blackoar silt loam

15-24

Blair silt loam

8-15

Blair-Atlas silt loams

8-15

Blair-Grantfork complex

8-15

Blair-Ursa silt loams

8-15

Blake silty clay loam

15-24

Blake-Beaucoup complex

15-24

Bloomfield fine sand

<8

Blount silt loam

8-15

Bluford silt loam

8-15

Bluford silt loam, bench

15-24

Bluford-Darmstadt complex

8-15

Blyton silt loam

<8

Bold silt loam

8-15

Bonfield silt loam

8-15

Bonnie silt loam

8-15

Booker silty clay

24

Boone loamy fine sand

<8

Bowdre silty clay

24

Bowes silt loam

8-15

Boyer sandy loam

<8

Brandon and Saffell soils

8-15

Breeds silty clay loam

15-24

Brenton silt loam

15-24

Broadwell silt loam

15-24

Brooklyn silt loam

15-24

Brookside stony silty clay loam

15-24

Brouillett silt loam

15-24

Bryce silty clay

24

Bryce-Calamine variant complex

15-24

Bunkum silty clay loam

15-24

Bunkum-Atlas silty clay loams

8-15

Bunkum-Coulterville silty clay loams

8-15

Burkhardt-Saude complex

8-15

Burksville silt loam

8-15

Burnside silt loam

8-15

Cairo silty clay

24

Calamine silt loam

15-24

Calco silty clay loam

24

Camden silt loam

8-15

Camden silt loam, sandy substratum

8-15

Canisteo silt loam

24

Canisteo silt loam, sandy substratum

24

Cape silty clay loam

15-24

Caprell silt loam

8-15

Carmi sandy loam

8-15

Casco silt loam

8-15

Casco-Fox complex

8-15

Caseyville silt loam

8-15

Catlin silt loam

15-24

Catlin-Saybrook complex

15-24

Ceresco loam

15-24

Channahon silt loam

15-24

Chaseburg silt loam

15-24

Chatsworth silt loam

8-15

Chauncey silt loam

8-15

Chautauqua silty clay loam

15-24

Chelsea loamy fine sand

<8

Chenoa silt loam

24

Chute fine sand

<8

Cisne silt loam

8-15

Cisne silt loam, bench

8-15

Cisne-Huey complex

8-15

Cisne-Piasa complex

8-15

Clare silt loam

15-24

Clarence silty clay loam

24

Clarksdale silt loam

8-15

Clarksville cherty silt loam

8-15

Clinton silt loam

8-15

Clinton-El Dara complex

<8

Clyde clay loam

24

Coatsburg silt loam

15-24

Coffeen silt loam

15-24

Cohoctah loam

15-24

Colo silty clay loam

24

Coloma silt loam

<8

Colp silt loam

8-15

Comfrey clay loam

24

Coot loam

8-15

Copperas silty clay loam

15-24

Corwin silt loam

15-24

Coulterville silt loam

<8

Coulterville-Darmstadt complex

<8

Coulterville-Grantfork silty clay loams

<8

Coulterville-Hoyleton-Darmstadt complex

<8

Coulterville-Oconee silt loams

<8

Cowden silt loam

8-15

Cowden-Piasa complex

8-15

Coyne fine sandy loam

8-15

Craigmile sandy loam

<8

Crane silt loam

15-24

Crawleyville fine sandy loam

<8

Creal silt loam

8-15

Crider silt loam

8-15

Dakota silt loam

8-15

Dana silt loam

15-24

Danabrook silt loam

15-24

Darmstadt silt loam

8-15

Darmstadt-Grantfork complex

8-15

Darmstadt-Oconee silt loams

8-15

Darroch silt loam

15-24

Darwin silty clay

24

Del Rey silt loam

8-15

Denny silt loam

8-15

Denrock silt loam

15-24

Derinda silt loam

8-15

Dickinson sandy loam

8-15

Dickinson sandy loam, loamy substratum

8-15

Dickinson-Hamburg complex

8-15

Dickinson-Onarga complex

8-15

Disco sandy loam

8-15

Dockery silt loam

8-15

Dodge silt loam

8-15

Dodgeville silt loam

15-24

Dorchester silt loam

8-15

Dorchester silt loam, cobbly substratum

8-15

Douglas silt loam

15-24

Dowagiac silt loam

8-15

Downs silt loam

8-15

Downsouth silt loam

15-24

Dresden silt loam

15-24

Drummer silty clay loam

24

Drummer silty clay loam, gravelly substratum

24

Drummer silty clay loam, till substratum

24

Drury silt loam

8-15

Du Page silt loam

15-24

Dubuque silt loam

8-15

Dubuque and Dunbarton soils

8-15

Dubuque and Palsgrove soils

8-15

Dubuque-Orthents- Fayette Complex

8-15

Dunbarton silt loam

8-15

Dunbarton silt loam, cherty variant

8-15

Dunbarton-Dubuque complex

8-15

Dunham silty clay loam

24

Dupo silt loam

8-15

Durand silt loam

15-24

Ebbert silt loam

15-24

Eden silty clay loam

24

Edgington silt loam

15-24

Edinburg silty clay loam

24

Edmund silt loam

15-24

Edwards muck

100

Edwardsville silt loam

24

El Dara sandy loam

<8

Elburn silt loam

15-24

Elburn silt loam, gravelly substratum

15-24

Elco silt loam

8-15

Elco-Atlas silt loams

8-15

Elco-Ursa silt loams

8-15

Eleroy silt loam

8-15

Eleroy and Derinda soils

8-15

Eleva sandy loam

<8

Elizabeth silt loam

15-24

Elkhart silt loam

15-24

Elliott silt loam

15-24

Elpaso silty clay loam

24

Elsah cherty silt loam

8-15

Elvers silt loam

8-15

Emery silt loam

15-24

Emma silty clay loam

15-24

Evansville silt loam

8-15

Faxon clay loam

15-24

Faxon-Ripon complex

15-24

Fayette silt loam

8-15

Fayette silty clay loam, karst

<8

Fayette silt loam, sandy substratum

15-24

Fayette silt loam, till substratum

8-15

Fayette-Clarksville complex

8-15

Fayette-Hickory complex

8-15

Fayette-Westville complex

8-15

Fella silty clay loam

24

Fieldon silt loam

15-24

Fincastle silt loam

8-15

Fishhook silt loam

8-15

Fishhook-Atlas complex

8-15

Flagg silt loam

8-15

Flagler sandy loam

8-15

Flanagan silt loam

15-24

Floraville silt loam

8-15

Fosterburg silt loam

24

Fox silt loam

8-15

Frankfort silt loam

8-15

Frankville silt loam

15-24

Friesland sandy loam

8-15

Frondorf loam

8-15

Fults silty clay

24

Gale silt loam

8-15

Geff silt loam

8-15

Genesee silt loam

8-15

Geryune silt loam

15-24

Gilford fine sandy loam

8-15

Ginat silt loam

8-15

Gorham silty clay loam

24

Gosport silt loam

8-15

Goss gravelly silt loam

8-15

Goss-Alford complex

8-15

Granby loamy sand

<8

Grantfork silty clay loam

8-15

Grantsburg silt loam

8-15

Graymont silt loam

15-24

Grays silt loam

8-15

Grays and Markham silt loams

8-15

Greenbush silt loam

15-24

Grellton sandy loam

<8

Griswold loam

8-15

Grundelein silt loam

24

Hamburg silt loam

8-15

Harco silt loam

15-24

Harpster silty clay loam

24

Harrison silt loam

15-24

Hartsburg silty clay loam

24

Harvard silt loam

8-15

Hayfield loam

8-15

Haymond silt loam

8-15

Haynie silt loam

8-15

Hennepin loam

<8

Hennepin and Miami soils

<8

Hennepin-Casco complex

<8

Hennepin-Vanmeter complex

8-15

Henshaw silt loam

8-15

Herbert silt loam

8-15

Herrick silt loam

15-24

Herrick-Biddle-Piasa silt loams

15-24

Herrick-Piasa complex

15-24

Hesch fine sandy loam

8-15

Hesch fine sandy loam, gray subsoil variant

8-15

Hesch loamy sand, shallow variant

8-15

Hickory loam

8-15

Hickory and Hennepin soils

8-15

Hickory and Sylvan soils

8-15

Hickory-Atlas complex

8-15

Hickory-Clinton complex

8-15

Hickory-Gosport complex

8-15

Hickory-Hennepin complex

8-15

Hickory-High Gap silt loams

8-15

Hickory-Hosmer silt loams

8-15

Hickory-Kell silt loams

8-15

Hickory-Negley complex

8-15

Hickory-Sylvan complex

8-15

Hickory-Sylvan-Fayette silt loams

8-15

Hickory-Wellston silt loams

8-15

High Gap loam

8-15

Hitt silt loam

15-24

Holly silt loam

15-24

Holton silt loam

8-15

Homen silt loam

15-24

Homer silt loam

8-15

Hononegah loamy coarse sand

<8

Hoopeston sandy loam

8-15

Hooppole loam

15-24

Hosmer silt loam

8-15

Hosmer-Lax silt loams

8-15

Hosmer-Ursa silt loams

8-15

Houghton muck

100

Houghton peat

100

Hoyleton silt loam

8-15

Hoyleton silt loam, bench

8-15

Hoyleton-Darmstadt complex

8-15

Hoyleton-Tamalco complex

8-15

Huey silt loam

8-15

Huntington silt loam

15-24

Huntsville silt loam

15-24

Hurst silt loam

8-15

Hurst silt loam, sandy substratum

8-15

Iona silt loam

8-15

Ipava silt loam

15-24

Ipava-Sable complex

15-24

Ipava-Tama complex

15-24

Iva silt loam

8-15

Jacob clay

15-24

Jasper silt loam

15-24

Jasper silt loam, sandy substratum

15-24

Joliet silty clay loam

24

Joslin silt loam

15-24

Joy silt loam

15-24

Joyce silt loam

15-24

Joy silt loam, sandy substratum

15-24

Jules silt loam

8-15

Juneau silt loam

8-15

Kane silt loam

15-24

Kaneville silt loam

15-24

Kankakee fine sandy loam

8-15

Karnak silty clay

15-24

Kell silt loam

8-15

Keller silt loam

15-24

Keller-Coatsburg complex

15-24

Keltner silt loam

15-24

Kendall silt loam

8-15

Kendall silt loam, sandy substratum

8-15

Keomah silt loam

8-15

Kernan silt loam

8-15

Keswick loam

24

Kidami silt loam

8-15

Kidder silt loam

<8

Kish loam

24

Kishwaukee silt loam

15-24

Knight silt loam

15-24

La Hogue loam

8-15

La Rose silt loam

8-15

Lacrescent cobbly silty clay loam

15-24

Lahoguess loam

15-24

Lakaskia silt loam

15-24

Lamoille silt loam

15-24

Lamont fine sandy loam

<8

Lamont, Tell, and Bloomfield soils

<8

Landes fine sandy loam

8-15

Lanier fine sandy loam

8-15

Lawler loam

8-15

Lawndale silt loam

15-24

Lawson silt loam

15-24

Lax silt loam

8-15

Lena muck

100

Lenzburg silt loam

15-24

Lenzburg silt loam, acid substratum

15-24

Lenzlo silty clay loam

15-24

Lenzwheel silty clay loam

15-24

Lindley loam

8-15

Lisbon silt loam

15-24

Lismod silt loam

15-24

Littleton silt loam

15-24

Lomax loam

8-15

Loran silt loam

15-24

Lorenzo loam

8-15

Mannon silt loam

8-15

Marbletown silt loam

15-24

Marine silt loam

8-15

Marissa silt loam

8-15

Markham silt loam

8-15

Markland silt loam

8-15

Marseilles silt loam

8-15

Marseilles silt loam, gravelly substratum

8-15

Marseilles silt loam, moderately wet

15-24

Marseilles-Atlas complex

8-15

Marseilles-Hickory complex

8-15

Marshan loam

8-15

Marshan loam, sandy substratum

15-24

Martinsville silt loam

8-15

Martinton silt loam

15-24

Mascoutah silty clay loam

24

Massbach silt loam

8-15

Matherton silt loam

8-15

Maumee fine sandy loam

<8

Mayville silt loam

15-24

McFain silty clay

24

McGary silt loam

8-15

McHenry silt loam

8-15

Meadowbank silt loam

15-24

Medary silty clay loam

8-15

Medway silty clay loam

24

Menfro silt loam

8-15

Metea silt loam

<8

Miami fine sandy loam

<8

Miami silt loam

8-15

Miami-Casco complex

8-15

Miami-Hennepin complex

8-15

Miami-Russell silt loams

8-15

Middletown silt loam

8-15

Milford silty clay loam

24

Millbrook silt loam

8-15

Millington loam

8-15

Millsdale silty clay loam

24

Millstadt silt loam

24

Millstream silt loam

15-24

Minneiska loam

15-24

Mokena silt loam

15-24

Mona silt loam

15-24

Monee silt loam

15-24

Monterey silty clay loam

24

Montgomery silty clay loam

24

Montmorenci silt loam

8-15

Morley silt loam

8-15

Morocco fine sand

<8

Morristown silt loam

8-15

Moundprairie silty clay loam

15-24

Mt. Carroll silt loam

8-15

Mudhen clay loam

24

Mundelein silt loam

15-24

Mundelein and Elliott soils

15-24

Muren silt loam

8-15

Muscatine silt loam

15-24

Muscatune silt loam

15-24

Muskego muck

100

Muskego silty clay loam, overwash

24

Muskego and Houghton mucks

100

Muskego and Peotone soils, ponded

100

Muskingum stony silt loam

<8

Muskingum and Berks soils

<8

Myrtle silt loam

8-15

Nachusa silt loam

15-24

Nameoki silty clay

15-24

Nappanee silt loam

8-15

Nasset silt loam

15-24

Navlys silty clay loam

15-24

Negley loam

8-15

Neotoma-Wellston complex

8-15

Newark silty clay loam

15-24

Newberry silt loam

8-15

NewGlarus-Lamoille complex

8-15

NewGlarus-Palsgrove silt loams

8-15

Newhaven loam

8-15

Niota silt loam

8-15

Niota silty clay loam, clayey subsurface variant

15-24

Nolin silty clay loam

8-15

Normal silt loam

15-24

Normandy silt loam

15-24

Oakville fine sand

<8

Oakville-Tell complex

<8

Ockley silt loam

8-15

Oconee silt loam

8-15

Oconee-Coulterville-Darmstadt silt loams

8-15

Oconee-Darmstadt-Coulterville silt loams

8-15

Oconee-Tamalco complex

8-15

Octagon silt loam

8-15

Odell silt loam

15-24

Ogle silt loam

15-24

Ogle silt loam, silt loam subsoil variant

15-24

Okaw silt loam

8-15

Okaw silty clay loam

15-24

Onarga sandy loam

8-15

Onarga fine sandy loam, till substratum

8-15

Oneco silt loam

8-15

Orio sandy loam

<8

Orion silt loam

8-15

Osceola silt loam

15-24

Osco silt loam

15-24

Otter silt loam

24

Ozaukee silt loam

15-24

Palms muck

100

Palms silty clay loam, overwash

24

Palsgrove silt loam

8-15

Palsgrove and Woodbine soils

8-15

Pana silt loam

15-24

Papineau fine sandy loam

8-15

Parke silt loam

8-15

Parkville silty clay

8-15

Parmod silt loam

15-24

Parr fine sandy loam

8-15

Parr silt loam

8-15

Passport silt loam

8-15

Passport-Grantfork complex

8-15

Patton silty clay loam

24

Paxico silt loam

8-15

Pecatonica silt loam

8-15

Pella silty clay loam

24

Peotone silty clay loam

24

Peotone mucky silty clay loam, marl substratum

100

Petrolia silty clay loam

15-24

Piasa silt loam

15-24

Pierron silt loam

8-15

Pike silt loam

8-15

Pillot silt loam

15-24

Piopolis silty clay loam

15-24

Piscasaw silt loam

15-24

Plainfield sand

<8

Plano silt loam

15-24

Plattville silt loam

15-24

Plumfield silty clay loam

15-24

Port Byron silt loam

15-24

Port Byron silt loam, sandy substratum

15-24

Prairieville silt loam

15-24

Princeton fine sandy loam

8-15

Proctor silt loam

15-24

Proctor silt loam, sandy substratum

15-24

Prophetstown silt loam

15-24

Quiver silty clay loam

15-24

Racoon silt loam

8-15

Raddle silt loam

15-24

Raddle-Sparta complex

8-15

Radford silt loam

15-24

Rantoul silty clay

24

Rapatee silty clay loam

24

Raub silt loam

15-24

Raveenwash silty clay loam

8-15

Redbud silt loam

8-15

Redbud-Colp silty clay loams

8-15

Redbud-Hurst silty clay loams

8-15

Reddick silty clay loam

24

Reesville silt loam

8-15

Rend silt loam

8-15

Richview silt loam

8-15

Richwood silt loam

15-24

Ridgeville fine sandy loam

8-15

Ridgway silt loam

8-15

Ridott silt loam

8-15

Riley silty clay loam

24

Ringwood silt loam

15-24

Ripon silt loam

8-15

Ritchey silt loam

8-15

Robbs silt loam

8-15

Roby fine sandy loam

<8

Rocher loam

8-15

Rockton loam

8-15

Rockton and Dodgeville soils

8-15

Rodman loam

8-15

Rodman gravelly loam

<8

Rodman-Casco complex

8-15

Rodman-Fox complex

8-15

Rodman-Warsaw complex

8-15

Romeo silt loam

15-24

Rooks silt loam

24

Ross loam

8-15

Rossburg loam

24

Rowe silty clay

24

Rozetta silt loam

8-15

Ruark fine sandy loam

<8

Rubio silt loam

15-24

Ruma silt loam

15-24

Ruma-Ursa silty clay loams

8-15

Rush silt loam

8-15

Rushville silt loam

8-15

Rushville-Huey silt loams

8-15

Russell silt loam

8-15

Rutland silt loam

15-24

Sabina silt loam

15-24

Sable silty clay loam

24

Saffell gravelly sandy loam

8-15

Sarpy sand

<8

Saude loam

15-24

Sawmill silty clay loam

24

Sawmill-Lawson complex

24

Saybrook silt loam

15-24

Saylesville silt loam

8-15

Schapville silt loam

15-24

Schuline silt loam

8-15

Sciotoville silt loam

8-15

Seaton silt loam

8-15

Seaton silt loam, sandy substratum

8-15

Seaton-Goss complex

8-15

Seaton-Hickory complex

8-15

Seaton-Oakville complex

8-15

Seaton-Timula silt loams

8-15

Selma loam

15-24

Selmass loam

15-24

Selma loam, bedrock substratum

15-24

Senachwine silt loam

8-15

Sepo silty clay loam

15-24

Sexton silt loam

8-15

Shadeland silt loam

8-15

Shaffton loam

15-24

Sharon silt loam

8-15

Shiloh silty clay loam

24

Shoals silt loam

8-15

Shullsburg silt loam

15-24

Sidell silt loam

8-15

Skelton fine sandy loam

8-15

Slacwater silt loam

8-15

Sogn silt loam

15-24

Somonauk silt loam

8-15

Sonsac very cobbly silt loam

8-15

Sparta loamy sand

<8

Sparta loamy sand, loamy substratum

<8

Springerton loam

15-24

Starks silt loam

8-15

Stockland loam

8-15

Stonelick fine sandy loam

<8

Stookey silt loam

15-24

Stookey and Timula soils

8-15

Stookey-Bodine complex

15-24

Stoy silt loam

8-15

Strawn silt loam

8-15

Strawn-Chute complex

8-15

Strawn-Hennepin loams

8-15

Streator silty clay loam

24

Stronghurst silt loam

8-15

St. Charles silt loam

8-15

St. Charles silt loam, sandy substratum

15-24

St. Clair silt loam

8-15

Sunbury silt loam

15-24

Swanwick silt loam

8-15

Swygert silty clay loam

24

Sylvan silt loam

8-15

Sylvan-Bold complex

8-15

Symerton loam

15-24

Symerton silt loam

15-24

Tallula silt loam

15-24

Tallulabold silt loams

15-24

Tama silt loam

15-24

Tamalco silt loam

8-15

Tama silt loam, sandy substratum

15-24

Tell silt loam

8-15

Tell-Lamont complex

8-15

Terril loam

15-24

Thebes silt loam

8-15

Thorp silt loam

15-24

Tice silty clay loam

24

Timewell silt loam

15-24

Timewell and Ipava soils

15-24

Timula silt loam

8-15

Timula-Hickory complex

8-15

Timula-Miami complex

8-15

Titus silty clay loam

24

Toronto silt loam

15-24

Torox silt loam

15-24

Traer silt loam

8-15

Trempealeau silt loam

15-24

Troxel silt loam

15-24

Tuscola loam

8-15

Twomile silt loam

8-15

Udolpho loam

15-24

Udolpho loam, sandy substratum

15-24

Uniontown silt loam

8-15

Ursa silt loam

8-15

Ursa-Atlas complex

8-15

Ursa-Hickory complex

8-15

Vanmeter silty clay loam

15-24

Vanpetten loam

15-24

Varna silt loam

15-24

Velma loam

8-15

Velma-Coatsburg silt loams

15-24

Velma-Walshville complex

8-15

Vesser silt loam

15-24

Virden silty clay loam

24

Virden-Fosterburg silt loams

24

Virden-Piasa silt loams

24

Virgil silt loam

8-15

Wabash silty clay

24

Wagner silt loam

8-15

Wakeland silt loam

8-15

Wakenda silt loam

15-24

Wallkill silty clay loam

24

Wallkill silt loam

15-24

Ware silt loam

15-24

Warsaw silt loam

15-24

Washtenaw silt loam

15-24

Watseka loamy fine sand

<8

Wauconda silt loam

8-15

Wauconda and Beecher silt loams

8-15

Wauconda and Frankfort silt loams

8-15

Waukee loam

8-15

Waukegan silt loam

15-24

Waupecan silt loam

15-24

Wea silt loam

15-24

Weinbach silt loam

8-15

Weir silt loam

8-15

Wellston silt loam

8-15

Wellston-Berks complex

8-15

Wenona silt loam

15-24

Wenona silt loam, loamy substratum

15-24

Wesley fine sandy loam

8-15

Westland clay loam

15-24

Westmore silt loam

8-15

Westmore-Neotoma complex

8-15

Westville silt loam

8-15

Whalan loam

8-15

Whalan and NewGlarus silt loams

8-15

Wheeling silt loam

8-15

Whitaker silt loam

8-15

Whitaker variant loam

8-15

Whitson silt loam

8-15

Wilbur silt loam

8-15

Will silty clay loam

24

Windere silt loam

15-24

Winfield silt loam

8-15

Wingate silt loam

8-15

Winnebago silt loam

15-24

Wirt silt loam

8-15

Woodbine silt loam

8-15

Worthen silt loam

15-24

Wyanet silt loam

8-15

Wynoose silt loam

8-15

Wynoose silt loam, bench

8-15

Wynoose-Huey complex

8-15

Xenia silt loam

8-15

Zanesville silt loam

8-15

Zanesville-Westmore silt loams

8-15

Zipp silty clay loam

15-24

Zook silty clay

24

Zumbro sandy loam

8-15

Zurich silt loam

15-24

Zurich and Morley silt loams

15-24

Zurich and Nappanee silt loams

15-24

Zwingle silt loam

8-15

History

• Source: Added at 32 Ill. Reg. 1308, effective January 21, 2008

Subchapter j Fairs

Part 260 Fairs Operating Under the Agricultural Fair Act

8 Ill. Adm. Code 260.5 Definitions

"Act" means the Agricultural Fair Act [30 ILCS 120].

"Bureau" means the Bureau of County Fairs and Horse Racing, Department of Agriculture, State Fairgrounds, P.O. Box 19281, Springfield, Illinois 62794-9281. The telephone number for the Bureau is 217/782-7411.

"Class" is a group, set or kind of animal or exhibit which shares common attributes (e.g., Herefords, Belgians, Dorset, Hamburg, championship, milk and cream, Duroc, barrows, corn, apples, arrangement, clothing, and ceramics).

"Department" means a general grouping of animal species or general categories of exhibits. Departments are listed in Section 260.55(a)(2).

"Premium number" means the number assigned to the class or the event.

"Premium State aid" means reimbursement by the Illinois Department of Agriculture to county fairs for premiums paid.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.10 Appropriations

a) Eligibility of fair associations or agricultural societies to participate in appropriations from the Agricultural Premium Fund shall be as set forth in Sections 3, 5 and 7 of the Act. Any newly organized fair association or agricultural society must receive an appropriation for their first year's fair as set forth in Section 6 of the Act, and in subsequent years the Department of Agriculture shall include the appropriation for that fair as part of its annual budget.

b) Appropriations made to the Department of Agriculture for disbursement to fair associations or agricultural societies shall not be used to pay for personnel, premiums and expenses of acts which are primarily for the entertainment of persons (e.g., grandstand shows, variety acts, bands, clowns, queen contests, showmanship events, machinery shows, demolition derbies, parades, balloon races, auto races, motorcycle races, human races, baton twirling, boccie ball, and amateur contests), except for those exhibits and events relating to agriculture as identified in Section 9 of the Act. 4-H Club fairs and exhibitions receive an appropriation in accordance with Section 14 of the Act and, therefore, 4-H Club classes do not qualify for reimbursement of State Aid for premiums paid.

c) Appropriations shall not be used for salaries of officers of the fair or for personnel hired or contracted for by the fair officers (Sections 9 and 22 of the Agricultural Fair Act, 30 ILCS 120/9 and 22).

d) Contributions, such as money, ribbons, trophies, rosettes, blankets, or wreaths, made by and/or expenses incurred by persons or organizations sponsoring events or classes, other than the fair association or agricultural society, are not eligible for premium State aid.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.15 Declaration of Intention

a) On or before December 31 of the year preceding the year in which a fair association or agricultural society will participate in the Agricultural Premium Fund appropriation, the fair association or agricultural society shall file a Declaration of Intention with the Bureau. A fee of $25 will be deducted each day the Declaration is late from the total premiums claimed. The Bureau shall mail Declaration of Intention forms to each fair association or agricultural society that participated in the previous year's appropriation and to any newly organized fair that receives an appropriation in accordance with Section 6 of the Act.

b) The following information shall be submitted on the Declaration of Intention:

1. Names and addresses of the fair's officers.

2. The location of the fair.

3. The dates of the next year's fair.

4. The approximate amount of premiums to be offered in each department and the maximum amount of premiums to be offered by the fair.

5. Name, address and telephone number of the person who is responsible for filing the premium grand summary report if this person is other than the secretary of the fair association or agricultural society.

6. Signatures of the officers (i.e., President, Secretary and Treasurer) of the fair association or agricultural society.

c) The secretary or the designated contact person for the fair shall notify the Bureau in writing when changes occur in the fair's officers and/or the person designated as the contact person.

d) Once the Declaration of Intention is filed with the Bureau, the dates of exhibition may be changed only due to an emergency or because the wrong dates were submitted. Before the fair association or agricultural society may change the dates of exhibition or advertise such change, the fair association or agricultural society must notify the Bureau in writing and request the dates of the fair be changed, giving the new dates and the reason for such change. The Bureau shall approve the change in the dates when an emergency exists (e.g., the fair cannot get a carnival, events conflict with a neighboring fair or the State Fair, rehabilitation or repair projects are not completed, or severe weather caused destruction to the facilities) or if the change in the dates will avoid conflict with neighboring fairs or the State Fair.

e) Before any change is made in the amount of premiums offered in the fair's program from that amount as originally submitted on the Declaration of Intention, the fair association or agricultural society shall contact the Bureau. The Bureau shall approve changes in the amount of premiums offered when the number of participants in or lack of participation in classes indicates such change is needed or when costs, such as for trophies, ribbons, rosettes, or engraving, were omitted from the Declaration of Intention until the fair's premium book is printed.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.20 Premium State Aid Payable on the Authorized Base

a) Premium State aid shall be paid to the fair association or agricultural society based upon each fair's authorized base. The authorized base shall be determined in accordance with the provisions of Section 10(a) and (b) of the Act. The authorized base for newly organized fairs shall be the same as the first year's appropriation for that fair.

b) The distribution of premiums must be in compliance with the provisions of Section 9(a) of the Act in order to be eligible for premium State aid.

c) The premium grand summary report shall be filed with the Bureau in accordance with provisions of Section 12 of the Act and Section 260.100.

d) Failure to comply with the provisions of this Section shall cause all premiums awarded in those classes where the violation occurred to be ineligible for premium State aid.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.25 Denial of State Aid Claim (repealed)

History

• Source: Repealed at 9 Ill. Reg. 3233, effective March 1, 1985

8 Ill. Adm. Code 260.30 Premiums and Receipts for Premiums Paid

a) All premiums shall be paid by the fair association or agricultural society to the winners and persons who placed in each class prior to the filing of the premium grand summary report. A receipt showing the amount of each premium paid shall be signed by the exhibitor who won or placed in the class and was paid the premium. If the exhibitor is unable to personally pick up the premium money, the person picking up or mailing the check shall sign his or her name and provide his or her address.

b) All receipts for premiums paid shall accompany the premium grand summary report in support of claims. If, in a few cases, the secretary or the person designated to file the premium grand summary report is unable to obtain a signed receipt, the cancelled check or a photostatic copy of the cancelled check shall be attached to the unsigned receipt. The cancelled check (or copy of the cancelled check) shall remain as a part of the premium grand summary report and shall not be returned to the fair association or agricultural society. The original of the receipt shall accompany the premium grand summary report, a copy of the receipt shall be given to the exhibitor, and a copy of the receipt shall be retained for three years by the fair association or agricultural society.

c) Each exhibitor's receipt shall be totaled separately. The receipts shall be kept separated according to each department.

d) Premium State aid will be paid on a maximum of two premiums awarded to the same exhibitor under the same premium number. Where only one exhibit is entered in a class, the exhibit shall be declared first place and be paid the first place premium. Premium State aid shall be paid on a maximum of 10 placings under any one premium number. The premium amounts must be on a graduated scale.

e) The costs of ribbons, rosettes and trophies, including engraving, are eligible for premium State aid when they are awarded in classes that are eligible for premium State aid. An itemized invoice showing only the items as before stated that are eligible for premium State aid shall accompany the premium grand summary report. Invoices for trophies, ribbons, or rosettes must show the business from which they were purchased. Where the ribbon, rosette, trophy and/or the engraving on the trophy is paid by an organization or person sponsoring the event, these costs are not eligible for premium State aid.

f) In order to qualify for premiums, entries must show in their proper classes (i.e., according to age, sex, breed, or other qualifications as established for the exhibit or event by the fair association or agricultural society; five-gaited horses cannot show as three-gaited, and polled herefords cannot show in the horned hereford class). Combining of classes, such as the polled herefords with the horned herefords, will disqualify such combined classes for premium State aid, except where the classes were advertised as combined classes in the premium book.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.35 Stall or Pen Fees

Stall or pen fees shall be set and charged by the fair association or agricultural society. Stall or pen fees must be published in the premium book (see Section 260.55) and once they are published they cannot be changed. The fair association or agricultural society may set stall or pen fees as one sum which will cover all the days of the fair.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.40 Entry Fees and Entry Fee Certification Form

a) An entry fee shall not be more than 10% of the purse offered under one premium number, nor more than 75% of the smallest premium offered. Where either percentage is violated, the amount of the excess entry fee that was charged shall be deducted from the amount of premiums paid in that particular class when determining State Aid reimbursement.

b) The amount of the entry fee charged must be printed in the premium book for each department and shall be shown separately from stall or pen fees that are charged by the fair association or agricultural society. The entry fee shall be for each class entered and not for each animal.

c) All fairs participating in the Agricultural Premium Fund must submit an entry fee certification form to the Bureau of County Fairs and Horse Racing, on a form provided by the Bureau, signed by the fair president, secretary and treasurer stating that all entry fees are in compliance with Section 260.40(a). The entry fee certification form is to be submitted to the Bureau of County Fairs and Horse Racing at least 10 days prior to the opening day of the fair together with two premium books. A fee of $25 will be deducted each day the form is late from the total premiums awarded at the fair. Reimbursement shall be delayed until such time the certification is received by the Bureau.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.45 County Fair Organization and Operation

a) A fair association or agricultural society may be open to the world or confined to the county or an adjacent county or counties contiguous thereto or other defined grouping of counties and shall be designated in the fair's premium book.

b) All events and exhibits in order to be eligible for premium State aid must be held on the fairgrounds during the advertised dates of the fair.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.50 Exhibits and Livestock; Presence on the Fairgrounds and Early Release Procedure

a) Exhibits and livestock are required to be in place for exhibition on the fairgrounds for a minimum of three days, except for exhibits and livestock in 4-H club shows, junior shows, one-day shows and in Departments C, D, E, Q, R, S, T, V and Z. The county fair board may require specified exhibits and livestock to stay beyond the minimum 72-hour exhibition time. The number of days the exhibit or livestock must be on the fairgrounds for exhibition shall be indicated in the Premium Book (see Section 260.55). If recommended by the county fair's veterinarian and approved by fair management, early dismissal of livestock may be granted for the following reasons: disease outbreak, severe hot weather, or other existing conditions which may result in the death of livestock. The Bureau may also grant early dismissal of livestock and other exhibits in emergency situations upon recommendation of fair management in the case where facilities have been lost due to fire, wind or heavy rain damage to tents and barns, or loss of electrical power, or if facilities cannot accommodate livestock due to space limitations. All eligible early dismissals shall be followed up in a letter to the Bureau.

b) Junior shows shall comply with Section 260.95(c) regarding the presence of livestock and exhibits on the fairgrounds.

c) 4-H Club shows shall comply with Section 260.300(h) regarding the presence of livestock and exhibits on the fairgrounds.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.55 Premium Book

a) A premium book showing the classes of exhibits and the premiums offered for each class/species must be made available by the fair association or agricultural society to the public upon request and two copies sent to the Bureau at least 10 days prior to the opening day of the fair. A fee of $25 will be deducted from the premiums claimed for each day the premium books are late. Premium reimbursement shall be delayed until the premium books are received. Along with the premium books, the entry fee certification form must be signed and submitted (see Section 260.40(c)). For those fairs utilizing other computer programs to supply the Bureau's reporting requirements, the 10% and 75% report must also accompany the fairs premium books and certification and another copy shall accompany the premium grand summary report. The premium book shall contain the following information:

1. The amount of premiums offered in each department.

2. Each department shall be identified as follows:

Department A – Beef Cattle

Department B – Dairy Cattle

Department C – Heavy Horse

Department D – Equine Pulling Contest

Department E – Jacks, Jennets and Mules

Department F – Sheep

Department G – Swine

Department H – Junior Department – Livestock

Department I – Poultry, Rabbits, and Ratites

Department J – Agricultural Products

Department K – Horticulture

Department L – Floriculture

Department M – Fine Arts and Textiles (Fine arts may be designated as M-1 and textiles as M-2)

Department N – Education and Natural History

Department O – Dairy, Apiary and Culinary

Department P – Junior Department (other than Livestock)

Department Q – Tractor Pulls and Pick-up Truck Pulls

Department R – Light Horse and Western Department – Equine Events

Department S – Harness Races

Department T – Running Races

Department U – Goats and Llamas

Department V – Miscellaneous

Department Z – Rodeos

3. The entry requirements and the graduated premiums offered for each class/species.

4. The minimum number of days that the exhibits or livestock must remain on the fairgrounds.

5. The time and date for the release of livestock and exhibits.

6. Stall or pen rent charged.

7. Entry fee charged.

b) All departments and classes must be published in the premium book to be eligible for premium State aid.

c) Should it be necessary to make corrections in the premium book after it is printed, these corrections must be made available to the public.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.60 Horse Racing – Harness and Running

a) In order to qualify for premium State aid, harness horse races shall be confined to standardbred horses; running horse races shall be confined to thoroughbred and quarter horses. Quarter horse races are reported under Department-Equine Races, Department T, on the premium grand summary report.

b) Contributions, such as money, blankets, ribbons, wreaths, trophies, rosettes or engraving, made by other persons or organizations (e.g., colt associations, the promoter of the races, the State Fair, or Standardbred and Thoroughbred Breeding and Racing Programs) are not eligible for premium State aid. The actual amount of monies expended for horse racing by a fair association or agricultural society is eligible for premium State aid reimbursement. Horse racing entry fees may be included in the amount requested for premium State aid reimbursement.

c) The party paid the purse shall sign the receipt showing each purse and total purse won. The receipt shall be submitted with the premium grand summary report. If the party is unable to personally pick up the purse, the person picking up or mailing the check shall sign his or her name and provide his or her address.

d) A racing program marked to indicate the placings in each race shall accompany the premium grand summary report.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.65 Heavy Horses (repealed)

History

• Source: Repealed at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.70 Light Horses and Western Horses (repealed)

History

• Source: Repealed at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.75 Western Horse Shows (Repealed)

History

• Source: Repealed at 21 Ill. Reg. 2139, effective January 29, 1997

Chapter I Department of Agriculture

Subchapter j Fairs

Part 260 Fairs Operating Under the Agricultural Fair Act

8 Ill. Adm. Code 260.80 Livestock Classification and Registration Papers

a) Herd, flock or group classes of livestock shall be defined by the fair association or agricultural society and the classification criteria shall be published in the premium book. The fair association or agricultural society may follow the current classifications as defined by the national breed organizations.

b) Registration papers are required for all purebred livestock.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.85 Registration Papers (repealed)

History

• Source: Repealed at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.87 Open and Junior Jackpot Shows

a) Where the county board elects to have both a junior and open fair, jackpot shows are eligible for premium State aid. The estimated purse, plus any monies added by the fair (i.e., entry fees), including graduated percentage placings for premiums, must be listed in the premium book to be eligible for premium State aid. The premium book must also list whether the shows are open or are closed to participants from that county only. Sanction fees are not eligible for premium State aid.

b) Where a county board elects to have strictly a junior fair, only junior jackpot shows closed to that county are eligible for premium State aid and the premium book must list the exhibition as a closed junior jackpot show. The estimated purse, plus any monies added by the fair (i.e., entry fees), including graduated percentage placings for premiums, must be listed in the premium book to be eligible for premium State aid. Sanction fees are not eligible for premium State aid.

History

• Source: Added at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.90 Inspections and Inspectors Reports (Repealed)

History

• Source: Repealed at 9 Ill. Reg. 3233, effective March 1, 1985

Chapter I Department of Agriculture

Subchapter j Fairs

Part 260 Fairs Operating Under the Agricultural Fair Act

8 Ill. Adm. Code 260.95 Junior Classes

a) Junior classes are eligible for premium State aid only if they are open to boys and girls who are 8 years of age or in third grade and not yet 21 years of age on or before September 1 of the year previous to the fair. All animals (i.e., individual, herd or flock classes) shown in junior classes must be the property of the boys and girls showing them. If the same animals are shown in both the open classes and junior classes, they shall be shown under the same exhibitor's name (for example, the father is not permitted to show an animal in the open class and the son or daughter to show the same animal in the junior classes).

b) Exhibitors may be assisted in herd or flock classes during the judging process only by other boys and girls who meet the age requirement set forth in subsection (a).

c) When the county board elects to have strictly a Junior Show, livestock and exhibits must be on the fairgrounds on the opening day of the fair until the close of the fair, unless earlier release of the livestock is authorized by the Bureau. When both a Junior Show and open show are held, livestock and exhibits entered in the Junior Show shall follow the standards for the open show set forth in Section 260.50(a).

d) Junior Show classes must be separate and distinct classes from the open and 4-H show classes and must be shown and competitively judged separately from 4-H and open shows or exhibitions.

History

• Source: Amended at 45 Ill. Reg. 4888, effective April 2, 2021

8 Ill. Adm. Code 260.100 Premium Grand Summary Report

a) In accordance with Section 12 of the Act, the premium grand summary report shall be filed with the Bureau in person or postmarked on or before October 15 of each year. A fee of $25 will be deducted from the total premiums claimed by the fair for each day the report is late. A premium book shall accompany the premium grand summary report. This information may be supplied by computer printout. Premium grand summary reports and paid receipts should be retained for three years by the fair association or agricultural society. County fairs whose grand summary reports are not filed or postmarked by December 31 of each year shall not qualify to receive premium reimbursements from the Department for that year.

b) The Bureau shall mail each fair association or agricultural society a copy of the premium grand summary report form to be used in submitting the information required by Sections 10 and 12 of the Act. A copy of the report should be retained by the fair association or agricultural society for its records.

c) Receipts for trophies, ribbons, rosettes, engraving and premiums paid as outlined in Section 260.30 shall accompany the premium grand summary report.

d) The receipts for each department must be accompanied by an adding machine tabulation, tabulated in chronological order, showing the premiums paid and the total for each department. This information may be supplied by computer printout or other electronic data transfer system if approved by the Bureau.

e) Copies of the premium grand summary report (pages 1 and 2) are due directly following the fair in order for the Bureau to prepare and publish a recapitulation report and county fair date list, as well as for the Department of Agriculture and the Illinois General Assembly to use to evaluate appropriation needs, the following information shall be submitted by the fair association or agricultural society on the premium grand summary report:

1. The year for which the report is being submitted;

2. The name of the fair association or agricultural society (exactly how the check should be made out);

3. The city or town where the fair was held;

4. County where the fair was held;

5. The names, titles (if applicable) and mailing address for all officers and directors of the fair association or agricultural society;

6. The date the fair was organized;

7. The date the fair association or agricultural society was incorporated, if applicable;

8. The number of acres in the fairgrounds and whether the fairgrounds are owned or leased. If the fairgrounds are leased, the number of years remaining under the terms of the lease and the expiration date of the lease;

9. The dates of the current year's fair;

10. The dates of next year's fair;

11. Verification statement that exhibitors have been paid in full;

12. Estimated attendance and gate admission fees charged;

13. Name of carnival;

14. A breakdown of the following information for each department listed in Section 260.55(a)(2):

A) Number of animals or articles entered/shown;

B) Amount of premiums offered;

C) Entry fees collected; and

D) Amount of premiums paid;

15. Totals for the information requested in subsection (e)(14) for each division and the grand total; and

16. A financial statement for the current year showing receipts, expenditures and the total operating profit or loss. The amount of money spent for real estate and capital or permanent improvements for the current year shall also be provided.

f) No one department or class shall be paid premiums awarded in excess of 30% of the total premiums awarded by the county fair except those departments or classes limited to junior exhibitors [30 ILCS 120/9]. The grand total of Column 4 (Amount of Premiums Paid Each Department) on the premium grand summary report is the amount on which the 30% is figured. The Bureau shall deduct the excess from the grand total premiums paid.

g) Income shown on the financial statement shall include gate admission, grandstand admission, auto parking, stall and pen fees, fees paid by concessionaires, commercial exhibits and the carnival, entry fees, estimated premium State aid for the current year, estimated rehabilitation aid for the current year, aid from the county, if any, rental fees for the buildings and grounds for periods other than the fair, and any other income that was received by the fair but not included in the other categories mentioned. Borrowed money shall not be reported as income. Expenses of the fair shall include premiums paid, costs of grounds improvements, charges for music and attractions, judges' and assistants' fees, administrative and office payrolls, personnel expenses for gates, grandstand help, policy and parking vehicles, general and common labor payrolls, advertising expenses including the costs of the premium book, federal admission tax paid, and other operating expenses, such as interest on indebtedness, that were not listed in the categories mentioned. The financial statement on file with the Department of Agriculture is subject to audit by auditors investigating Department of Agriculture accounts.

h) The premium grand summary report shall be signed and notarized by a notary. The President and the Secretary of the fair association or agricultural society shall sign the premium grand summary report.

History

• Source: Amended at 44 Ill. Reg. 2480, effective January 27, 2020

8 Ill. Adm. Code 260.105 Growth Incentive Program

If the appropriation allows, fairs that qualify shall participate in the Growth Incentive Program. Qualification requirements for participation in the Growth Incentive Program and the procedure for determining the amount of eligible claims shall be as set forth in Section 10.1 of the Act. This payment will be made to a participating fair following the payment of all premium State aid claims.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.110 Pro Rata (grant) Payments and Justification

a) If, after premium State aid and/or Growth Incentive payments have been made, there remain any funds in the appropriations, pro rata (grant) payments shall be made to all fairs that are participating in the premium State aid program in accordance with Section 10(c) of the Act. This payment will be made after all eligible claims are paid from the Growth Incentive Program.

b) All fairs receiving pro rata (grant) payments are required to file with the Bureau a fiscal accounting of the expenditure of these grant monies. This accounting will be due at the same time each fair files its premium grand summary report (Section 260.100(a)) for the year in which such monies were received.

c) Pro rata (grant) monies received by a fair association or agricultural society shall only be used for premiums and awards.

d) Pro rata (grant) monies shall not be used for rehabilitation purposes (see Subpart B of the rules of this Part).

e) Pro rata (grant) money shall not be used to reimburse expenses incurred by and/or contributions made by other persons or organizations in promoting the fair.

f) Section 22 of the Act prohibits pro rata (grant) money from being used to pay salaries.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.115 Petitioning for Base Adjustments (Repealed)

History

• Source: Repealed at 9 Ill. Reg. 3233, effective March 1, 1985

Chapter I Department of Agriculture

Subchapter j Fairs

Part 260 Fairs Operating Under the Agricultural Fair Act

8 Ill. Adm. Code 260.117 Administrative Rules (formal Administrative Hearings, Contested Cases, Petitions, and Administrative Procedures)

All decisions of the Department of Agriculture in implementing these rules are subject to the Illinois Administrative Procedure Act [5 ILCS 100] and the rules of the Department of Agriculture pertaining to administrative hearings as promulgated thereunder (8 Ill. Adm. Code 1).

History

• Source: Amended at 21 Ill. Reg. 2139, effective January 29, 1997

8 Ill. Adm. Code 260.200 Appropriation

Each fair association or agricultural society shall receive an annual appropriation, in an amount set forth in Section 13 of the Act, that shall be used for rehabilitation of its grounds, purchase of land, construction projects, maintenance projects and repair projects. The Bureau shall approve rehabilitation claims in accordance with Section 13 of the Act and this Subpart B. The fair association or agricultural society shall file a rehabilitation report as required by Section 13 of the Act and Section 260.220. In accordance with Section 17 of the Act, a fair that has been participating in the Fair and Exposition Fund and notifies the Bureau in writing by January 1 that it elects to participate in the Agricultural Premium Fund shall not be eligible for participation in the rehabilitation appropriation until the next fiscal year.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.205 Ownership of Grounds

Expenditures for rehabilitation of fairgrounds, purchase of land, construction projects, maintenance projects and repair projects are eligible for reimbursement from rehabilitation funds when the fair association or agricultural society or State, city, village or county government body owns the fairgrounds or has a long-term lease for the use of the fairgrounds upon which the expenditures were made. Except as allowed by the Director, if the fair association or agricultural society leases the fairgrounds, the lease shall be for a period of 20 years, the terms of which require the lessee to have continuous possession of the land during every day of the lease period, and it shall contain a clause that those buildings constructed with rehabilitation funds shall be the property of the fair. Should the lease be terminated before the expiration date, the ownership of the buildings and improvements constructed with, or equipment purchased with, rehabilitation funds lies with the fair association or agricultural society and the fair association or agricultural society has the right to remove buildings, improvements and equipment purchased with rehabilitation funds.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.207 Rehabilitation Declaration of Intent (repealed)

History

• Source: Repealed at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.210 Rehabilitation Claims

a) Rehabilitation claims may include the cost of land purchase, both materials and labor expended for rehabilitation of the fairgrounds, its buildings, facilities and for construction projects. Maintenance and/or repair projects shall include improvements made for the purpose of restoring and/or maintaining the fairgrounds, buildings and facilities for long term uses.

b) The purchases of tractors, drags, water wagons and other equipment used to maintain or repair the track, show arenas, and the grounds or buildings are eligible for rehabilitation reimbursement. The Department of Agriculture shall reimburse fair associations for equipment that is necessary for the maintenance and repair of projects, except computer equipment, that have received rehabilitation reimbursement. Any repairs to this equipment shall also be reimbursed. The reimbursement rate for the total of all above expenses shall be 100% of the first $5,000, 75% of the next $20,000, and 50% of the next $20,000 (example: spend $45,000 − receive $30,000 per fiscal year). Equipment purchased with rehabilitation funds shall remain on the fairgrounds at all times. When a fair association or agricultural society disposes of any equipment, it shall maintain disposal records for a period of five years. If, during an inspection by a Department of Agriculture inspector, the equipment is not found on the fairgrounds and there are no disposal records for the equipment, the Bureau shall send written notice that repayment is due and the fair association or agricultural society shall repay to the State Treasury within 30 days from receipt of the notice that portion of rehabilitation funds spent on the purchase of the equipment that was not found on the fairgrounds, regardless of the fiscal year in which the equipment was purchased.

c) Premiums paid for general liability and casualty insurance are eligible for rehabilitation reimbursement. Premiums for personal liability insurance are not eligible for rehabilitation reimbursement.

d) On rehabilitation projects, a fair association or agricultural society shall adhere to the Illinois Procurement Code [30 ILCS 500].

e) Itemized bills, receipts and/or copies of cancelled checks for rehabilitation projects must be submitted or postmarked by June 30 in the fiscal year for which the projects are to be reimbursed.

f) The amount carried over shall constitute a claim for reimbursement for a subsequent period not to exceed seven years as long as funds are available [30 ILCS 120/13].

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.215 Major Building Projects (Repealed)

History

• Source: Repealed at 21 Ill. Reg. 2139, effective January 29, 1997

Chapter I Department of Agriculture

Subchapter j Fairs

Part 260 Fairs Operating Under the Agricultural Fair Act

8 Ill. Adm. Code 260.220 Rehabilitation Report and Receipts

a) When filing a rehabilitation report with the Bureau, a fair association or agricultural society shall have the report postmarked or filed with the Bureau on or before June 30 of each year on forms furnished by the Bureau. A $25 fee will be deducted from the total rehabilitation claim each day the report is late. Fair associations or agricultural societies whose rehabilitation reports are not postmarked or filed by August 15 of each year shall not qualify to receive rehabilitation monies from the Department for that year. If there is any question as to whether certain expenditures are eligible for reimbursement of rehabilitation monies in accordance with Section 13 of the Act, the fair association or agricultural society may contact the Bureau for approval of the proposed expenditures. Copies of both rehabilitation reports and paid receipts should be retained for seven years by the fair association or agricultural society for its files.

b) The following information shall be submitted on the rehabilitation report:

1. The year for which the report is submitted;

2. The name and address of the fair association or agricultural society;

3. The county where the fair was held;

4. The current value of real estate and improvements made to the fairgrounds;

5. The name, title and address of the officers and directors of the fair;

6. The number of acres in the fairgrounds and whether the fairgrounds are owned or leased by the fair association or agricultural society;

7. If the fairgrounds are leased, the number of years remaining under the terms of the lease and the date of expiration of the lease; and

8. Each project, listed separately on the report, along with the cost of the project.

c) Itemized bills and receipts as evidence of expenditures shall accompany the rehabilitation report. A fee of $25 will be deducted from the total rehabilitation claim each day receipts are late. Receipts and/or copies of cancelled checks indicating that payments of bills have been made by the fair association or agricultural society issued by the persons who performed the services or from whom the equipment was purchased shall also accompany the rehabilitation report. The itemized bills and receipts of payments submitted with the rehabilitation report will not be returned as they are a permanent part of the rehabilitation report.

d) The rehabilitation report shall be signed by the president and secretary of the fair association or agricultural society.

History

• Source: Amended at 46 Ill. Reg. 17932, effective October 26, 2022

8 Ill. Adm. Code 260.225 Pro Rata Payments and Justification

If any amount remains in the appropriation for rehabilitation after claims from all fairs are paid, pro rata payments shall be made to fairs that have exceeded their maximum reimbursement in accordance with the provisions of Section 13 of the Act. The Bureau will use that amount of money as indicated by receipts that were submitted with the rehabilitation report in excess of expenditures of $45,000 as justification for pro rata reimbursement.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.300 Appropriation and Eligibility

a) University of Illinois extension units shall be eligible to participate in appropriations made to the Department of Agriculture for premiums and judges' fees paid at county 4-H shows or exhibitions approved by the State 4-H Office and based on the Accountability for Agricultural Premiums report in the following order in accordance with the provisions of Section 14 of the Act:

1. cash premiums awarded; and

2. judges' fees paid (not to exceed $800).

b) County 4-H shows or exhibitions must have separate and distinct classes from junior and open show classes.

c) All exhibit classes or types of projects must be approved by the University of Illinois Extension State 4-H Office within three weeks prior to the show or exhibition.

d) All projects must be competitively judged and exhibited at a public display where reasonable prior public notice of the event has been given. If judged and exhibited at a county fair, the projects must be shown and judged separately from junior and open show classes.

e) The amount or method used to determine the amount of the 4-H premium must be publicly stated and notice sent to the University of Illinois Extension State 4-H Office in advance of the show or exhibition. The premium amounts must be on a graduated scale.

f) Only one show or exhibition of a class or type of project work will be eligible for awards as provided in Section 14 of the Agricultural Fair Act.

g) Only awards to eligible 4-H members during the current year are eligible for reimbursement.

h) Livestock and exhibits must be on the fairgrounds on the opening day of the 4-H show and remain until the close of the 4-H show, unless earlier dismissal is granted by the Bureau in accordance with Section 260.50(a).

History

• Source: Amended at 30 Ill. Reg. 2253, effective February 6, 2006

8 Ill. Adm. Code 260.305 A 4-H Claim Report

a) The State 4-H Office shall notify the Bureau of the number of 4-H premium eligible members in each county or unit before December 31 of each year.

b) Extension leaders of each county or unit designated by the State 4-H Office shall certify to the State 4-H officer under oath, on a blank form furnished by the Department, the amount paid out in premiums, judges' fees and ribbons at the 4-H shows or exhibitions for the current year, and the name of the officer or organization making the payments and the number of eligible members enrolled for the current year [30 ILCS 120/14]. Records verifying award recipients must be available and maintained for three years for official review.

c) Extension leaders shall file this report with the Bureau on or before December 31 of each year (postmarked December 31 is acceptable). If the deadline is not met, a 5% penalty fee of total premiums claimed will be assessed each day the report is late and then subtracted from the total claim of the unit.

d) The extension leader of each county or unit shall provide itemized signed receipts as evidence of the eligible certified amounts to the State 4-H Office. Before December 31 of each year the State 4-H Office shall file with the Department certification of the eligible amount claimed for premiums awarded, judges' fees and ribbons, along with the claim report for each county or unit.

e) The Department will reimburse each county or unit at a rate calculated under this subsection (e). The appropriation will be divided by the total number of certified eligible 4-H members in all counties or units as certified by the State 4-H Office before December 31 of each year, then multiplied by the State 4-H Office certified number of individual eligible members for the county or unit. The amount for reimbursement shall be justified by receipted expenditures received in the Bureau with the current report by December 31 in the following order:

1. cash premiums awarded; and

2. judges' fees (not to exceed $800).

f) If there remains an amount of the appropriation after claims has been paid as specified in subsection (e), the Department shall provide reimbursement to each county or unit in the following order:

1. excess cash premiums awarded;

2. excess judges' fees; and

3. ribbons.

The above reimbursements shall be justified by receipted expenditures already submitted to the Bureau on or before December 31 with the current year's 4-H report.

History

• Source: Amended at 30 Ill. Reg. 2253, effective February 6, 2006

8 Ill. Adm. Code 260.310 Pro Rata Payment and Justification (Repealed)

History

• Source: Repealed at 26 Ill. Reg. 5122, effective April 1, 2002

Chapter I Department of Agriculture

Subchapter j Fairs

Part 260 Fairs Operating Under the Agricultural Fair Act

8 Ill. Adm. Code 260.400 Appropriation

Agricultural education section fairs are eligible to participate in appropriations made to the Department of Agriculture on behalf of such fairs in accordance with the provisions of Section 16 of the Act.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.405 Eligibility for Premiums

Eligibility for premiums awarded to agricultural education section fair students shall be as set forth in Section 16 of the Act.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.410 List of Premiums Sent to Bureau (repealed)

History

• Source: Repealed at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.415 Vocational Agriculture Report of Premium Awards

a) Within 30 days after the close of the fair, section fair managers designated by the Illinois Association of Vocational Agriculture Teachers (IAVAT) shall certify to the Department, under oath, on forms furnished by the Bureau, a detailed report of premium awards showing all premiums awarded to agricultural education students at each fair. In addition, amendments to the detailed report of premium awards shall be made by the section fair manager. If the detailed report of premium awards is not submitted within 30 days after the close of the fair, a 5% penalty fee of the fair's total premiums awarded will be assessed each day the report is late, then subtracted from the total claim. Records verifying award recipients must be available and maintained for five years for official review.

b) The report shall include the following information:

1. The section number of the fair;

2. The dates the fair was held;

3. The location of the fair;

4. The total awards that were distributed;

5. The name and address of the school;

6. The agricultural education teacher's name, title, and address should be listed under the name of the school; and

7. Student's name (listed only once) with a listing of winnings for that student and a total of all amounts won. All the students who have won premiums from that school should be listed under the name of their agricultural education teacher.

c) As vouchers are prepared directly from this report of premium awards, a blank space should be left between each student's total winnings in order to set them apart.

d) The report of premium awards shall be signed by the vocational agricultural section fair manager and notarized by a notary public.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.420 Pro Rata Payments

a) Any amount remaining in the appropriation after all eligible claims are paid shall be distributed, expended for the purposes, and a fiscal accounting made, in accordance with the provisions of Section 16 of the Act.

b) Forms shall be furnished by the Bureau for pro rata justification of funds expended by the agricultural education section fair. The section fair manager shall submit a list of premiums paid in the first fair held following the receipt of pro rata monies, but not later than one year after receipt of such funds. This justification shall be signed by the section fair manager and notarized by a notary.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.425 Fiscal Accounting (Repealed)

History

• Source: Repealed at 9 Ill. Reg. 3233, effective March 1, 1985

8 Ill. Adm. Code 260.500 Appropriation (Repealed)

History

• Source: Repealed at 9 Ill. Reg. 3233, effective March 1, 1985

Chapter I Department of Agriculture

Subchapter j Fairs

Part 260 Fairs Operating Under the Agricultural Fair Act

8 Ill. Adm. Code 260.505 Eligibility

a) A fair association or agricultural society shall be eligible to participate in the Fair and Exposition Fund in lieu of participating in the Agricultural Premium Fund in accordance with Sections 17 and 18 of the Act. The fair and exposition participant shall file by January 1 with the Bureau a letter indicating its election to participate in the Fair and Exposition Fund.

b) A fair and exposition authority shall be eligible to participate in the Fair and Exposition Fund in accordance with Sections 18 and 19 of the Act.

c) In accordance with Section 17 of the Act, agricultural fairs or agricultural societies that have been participating in the Fair and Exposition Fund and elect to participate in the Agricultural Premium Fund are not eligible for participation in the rehabilitation fund until the next fiscal year.

d) All fair associations or agricultural societies participating in the Fair and Exposition Fund shall operate and conduct the premium portion of their county fair in accordance with Sections 260.5, 260.10(b), (c) and (d), 260.30, 260.35, 260.40(a), (b) and (c), 260.45, 260.50, 260.55, 260.60, 260.80, 260.85, 260.95 and 260.117 of this Part.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.510 Ownership or Leasing of Grounds

Each fair participating in the Fair and Exposition Fund shall file with the Bureau a certified copy of its lease or evidence that the land is owned by the fair association, agricultural society or fair and exposition authority. The lease shall be for a period of at least 20 years, the terms of which require the lessee to have continuous possession of the land during every day of the lease period, except as otherwise allowed by the Director, and it shall contain a clause that those buildings constructed with fair and exposition funds shall be the property of the fair. Should the lease be terminated before the expiration date, the ownership of the buildings and improvements constructed with or equipment purchased with fair and exposition funds lies with the fair association or agricultural society, and the fair association or agricultural society has the right to remove buildings, improvements and equipment purchased with fair and exposition funds.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.515 Declaration of Intention and Construction Plans/Specifications

a) On or before December 31 of the year previous to participating in the Fair and Exposition Fund, the fair shall file with the Bureau, on forms furnished by the Bureau, a Declaration of Intention. Plans and specifications relating to construction projects, as applicable, should be submitted with the Declaration of Intention. A $25 fee will be deducted respectively each day the Declaration of Intention and/or any pertinent information relating to items claimed on the fair’s Declaration of Intention are late from the amount due the fair and exposition. The following information shall be submitted on and/or accompany the Declaration of Intention:

1. Information on the fair's organization;

2. Dates of the next year's fair (these dates should also be submitted to the Bureau by October 15 each year on a copy of the premium grand summary);

3. Location of the fair;

4. The amount of money requested from the Fair and Exposition Fund for the purposes listed in Section 20 of the Act;

5. Number of acres in the fairgrounds and whether they are owned or leased. If the fairgrounds are leased, the number of years remaining under the terms of the lease and date of expiration of the lease;

6. The names and addresses of the president, secretary and treasurer of the fair and exposition fair; and

7. A current copy of the lease of fairgrounds, unless it is owned.

b) The Declaration of Intention shall be signed by the president, secretary and treasurer of the fair.

History

• Source: Amended at 46 Ill. Reg. 17932, effective October 26, 2022

8 Ill. Adm. Code 260.520 Transfer of Funds (repealed)

History

• Source: Repealed at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.522 Entry Fee Certification Form and Premium Books

All fairs participating in the Fair and Exposition Fund must submit an entry fee certification form (furnished by the Bureau) to the Bureau signed by the fair president, secretary and treasurer stating that all entry fees are in compliance with Section 260.40(a). A fee of $25 will be deducted from the total due for the fair each day the form and books are late. Reimbursement shall be delayed until the certification is received. Fairs may utilize computer programs to supply the Bureau’s reporting requirements, the certification, and the 10% and 75% report.

History

• Source: Added at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.524 Premium State Aid Payable on the Authorized Base

If premiums are claimed by a fair and exposition association or authority, reimbursement will be based on the authorized base system set forth in Section 260.20.

History

• Source: Added at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.525 Penal Bond

a) Each participant in Fair and Exposition funds shall file a penal bond in accordance with Section 18 of the Act at the same time it files a Declaration of Intention (December 31). A fee of $25 will be deducted for each day the bond is late from the total amount due the fair and exposition association or authority. The penal bond shall show the effective date and the termination date of the bond by the company issuing the penal bond. If the fair and exposition participant requests the bond be cancelled, the participant shall notify the Department of Agriculture of such request at the same time it notifies the company that issued the bond.

b) The maximum claim that any fair and exposition participant may receive from the Fair and Exposition Fund shall be determined in accordance with Section 18 of the Act.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.530 Expenditure of Funds

Fair and Exposition funds may be used only for payment of expenses relating directly to those purposes as outlined in Section 20 of the Act. Expenses for a certified public accountant's audit (should a fair and exposition or authority obtain one) are eligible for reimbursement from Fair and Exposition funds. Fair and Exposition funds spent for other purposes shall be refunded to the Department of Agriculture within 30 days from the date written notice is received by the fair and exposition participant that such expenditures are ineligible for reimbursement.

History

• Source: Amended at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.535 Accumulation of Funds for Major Building Projects (repealed)

History

• Source: Repealed at 28 Ill. Reg. 11091, effective July 23, 2004

8 Ill. Adm. Code 260.537 Premium Grand Summary Report and Fair and Exposition Financial Statement and Receipts

a) Each participant in Fair and Exposition funds shall follow the same guidelines as other county fair associations or agricultural societies when submitting the premium grand summary report and receipts (see Section 260.100(c), (d), (e) and (f). The premium grand summary report shall be notarized by a notary. The president and the secretary of the fair association or agricultural society shall sign the premium grand summary report.

1. The premium grand summary report, along with all premium, ribbon and trophy receipts, if claimed, shall be postmarked on or before December 31 of each year in the County Fair Office on forms provided by the Bureau, along with any and all receipts that were claimed on a fair and exposition's Declaration of Intention. A fee of $25 will be deducted from the total amount due the fair for each day the report and/or receipts are late. A premium book shall accompany the premium grand summary report.

2. The fair and exposition financial statement, which is part of the premium grand summary report, is to be completed in lieu of a certified public accountant's audit and is due on or as soon after December 31 as is practical. However, if a certified public accountant’s audit is maintained by the fair and exposition association or authority, a copy should be provided to the Bureau. A copy of the premium grand summary report and copies of all applicable paid receipts should be retained by the fair association or agricultural society five years for its files. A fee of $25 will be deducted from the total amount due the fair for each day the financial statement and/or receipts are late. The financial statement on file with the Department of Agriculture is subject to audit by auditors investigating Department of Agriculture accounts.

3. Income shown on the financial statement shall include gate admission, grandstand admission, auto parking, stall and pen fees, fees paid by concessionaires, commercial exhibits and the carnival, entry fees, estimated premium State aid for the current year, estimated rehabilitation aid for the current year, aid from the county, if any, rental fees for the buildings and grounds for periods other than the fair, and any other income that was received by the fair but not included in the other categories mentioned. Borrowed money shall not be reported as income. Expenses of the fair shall include premiums paid, costs of grounds improvements, charges for music and attractions, judges' and assistants' fees, administrative and office payrolls, personnel expenses for gates, grandstand help, police and parking vehicles, general and common labor payrolls, advertising expenses including the costs of the premium book, federal admission tax paid, and other operating expenses, such as interest on indebtedness, that were not listed in the categories mentioned.

4. The financial statement shall show receipts, expenditures and the total operating profit or loss. The amount of money spent for real estate and capital or permanent improvements for the current year shall also be provided.

5. The bottom portion of the financial statement shall include a Declaration of Intention breakdown of State funds received and expended by a fair and exposition for the current fair and shall include:

A) whether the fair and exposition funds declared were used to finance eligible items declared on the previous Declaration of Intention submitted to the Bureau and, if so, the amounts used; and

B) the total of fair and exposition funds claimed, expended by, and paid to the fair and exposition association or authority for eligible expenses.

b) Any funds declared on the financial statement as having been received and not utilized to finance eligible items claimed shall be returned to the Illinois Department of Agriculture.

History

• Source: Added at 28 Ill. Reg. 11091, effective July 23, 2004

Chapter I Department of Agriculture

Subchapter j Fairs

Part 260 Fairs Operating Under the Agricultural Fair Act

8 Ill. Adm. Code 260.540 Administrative Rules (formal Administrative Hearings, Contested Cases, Petitions, and Administrative Procedures)

All decisions of the Department of Agriculture in implementing these rules are subject to the Illinois Administrative Procedure Act [5 ILCS 100] and the rules of the Department of Agriculture pertaining to administrative hearings as promulgated thereunder (8 Ill. Adm. Code 1).

History

• Source: Added at 21 Ill. Reg. 2139, effective January 29, 1997

8 Ill. Adm. Code 270.10 Definitions

Unless the context otherwise requires, the terms shall have the following meanings:

"Authorized Vehicle" is an on-road or off-road vehicle operated by the Department of Agriculture.

"Business Day" is a day that the State of Illinois is open for operations.

"Calendar Day" is the period of time from one midnight to the following midnight.

"Concessionaire/Commercial Exhibitor" means any person selling directly to the public or taking orders for future sales pursuant to an annual space rental contract.

"Division" means the Division of Fairs and Promotions, Department of Agriculture, State Fairgrounds, Springfield, Illinois 62794-9281.

"DuQuoin State Fair" means only that annual event at DuQuoin.

"Exhibitor" means any person who displays his/her goods, displays his/her person, or distributes information and is not engaged in sales pursuant to an annual space rental contract, or participates in programs offered by the Department.

"Illinois State Fair" means only that annual event at Springfield.

"Person" means any individual, partnership, corporation, association, governmental or religious entity.

"Space Rental Contract" means a written contract entered into between the persons desiring to put on an exhibit or operate a concession and the Department.

"Space Rental Office" means the office in charge of space rental, Division of Fairs and Promotions, Department of Agriculture, State Fairgrounds, Springfield, Illinois 62794-9427 or the office in charge of space rental for the DuQuoin State Fair, Division of Fairs and Promotions, Department of Agriculture, Fairgrounds, DuQuoin, Illinois 62832.

"Special Agreement" means a multiple year or single year lease subject to a negotiated rate. This type of agreement would include persons building permanent structures, multiple year off season rentals, single or multiple year fair-time leases, etc.

"State Fair" means the annual event that is held at Springfield or the annual event that is held at DuQuoin for the purposes as set forth in Section 270.15.

"State Fairgrounds" means all the land and water areas, including all buildings and facilities located thereon, known as the State Fairgrounds at Springfield or DuQuoin.

"State Fairgrounds at DuQuoin" means only the State Fairgrounds at DuQuoin.

"State Fairgrounds at Springfield" means only the State Fairgrounds at Springfield.

"Superintendent of the Division of Fairs and Promotions" means the Superintendent of the Division of Fairs and Promotions, Department of Agriculture, State Fairgrounds, Springfield, Illinois 62794-9281.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

Chapter I Department of Agriculture

Subchapter j Fairs

Part 270 General Operations of the State Fairs and Fairgrounds

8 Ill. Adm. Code 270.15 Policy

a) It is the policy of this State that the Department operate the Illinois State Fair as a showcase for the nation and world to view Illinois agriculture, to provide for industrial, cultural, educational, trade and scientific exhibits, to promote the sport of horse racing and other competitive sports and for the entertainment and enjoyment of the people of the State of Illinois (Section 3 of the State Fair Act (Ill. Rev. Stat. 1991, ch. 127, par. 1703) [20 ILCS 210/3]). The annual Illinois State Fair, located at Springfield, will be held commencing not earlier than the Thursday that is twenty-five days prior to Labor Day. The DuQuoin State Fair will be held commencing not earlier than the Saturday that is nine days prior to Labor Day.

b) The policy governing the general operation of the Illinois State Fair and the State Fairgrounds at Springfield shall be applicable to the general operation of the DuQuoin State Fair and the State Fairgrounds at DuQuoin.

History

• Source: Amended at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.20 Violation of Rules; Administrative Hearings

All decisions and actions of the Department are subject to the Illinois Administrative Procedure Act [5 ILCS 100] and the Department's Administrative Rules (8 Ill. Adm. Code 1) which pertain to administrative hearings, petitions, proceedings, contested cases, declaratory rulings and availability of Department files for public access. Administrative hearings are governed by the Illinois Administrative Procedure Act and 8 Ill. Adm. Code 1.Subpart B.

History

• Source: Amended at 19 Ill. Reg. 9400, effective June 29, 1995

8 Ill. Adm. Code 270.25 Categories of Exhibits

Exhibits for the State Fair shall be allowed in the following general categories:

a) Agricultural exhibits;

b) Industrial exhibits;

c) Labor and management exhibits;

d) Governmental and public service exhibits;

e) Religious exhibits;

f) Educational exhibits; and

g) Artistic and athletic exhibits.

8 Ill. Adm. Code 270.30 Privilege to Operate a Concession or Exhibit

The privilege to operate a concession or exhibit shall be conducted according to the laws of the State of Illinois and without infringement upon the rights or privileges of others. Lessee will not handle or sell any commodity or transact any business upon and within the State Fairgrounds except that which is expressly stipulated in the contract. A lessee must confine the business and the promotion and advertising of same on the State Fairgrounds to the assigned space.

8 Ill. Adm. Code 270.35 Application for Reassignment of Space

Application for reassignment of space will be provided in the following manner:

a) Following the close of the most recent State Fair, all concessionaires/exhibitors will be evaluated with regard to performance (i.e., payment of fees, violation of public health rules (if applicable), appearance of concession/exhibit, revenue generated, compliance with State Fair rules (Subparts A through I of this Part, as applicable), and any formal written complaints from the public arising out of the performance of activities on the fairgrounds.

b) Those concessionaires/exhibitors that perform in an acceptable manner based on the criteria described in this Section shall be mailed an application to apply for reassignment to the same space or relocation of space. The application will be mailed to the address on file with the Department not later than December 15 preceding the next year's State Fair. It shall be the responsibility of each concessionaire/exhibitor desiring reassignment or relocation of space to return its application to the Space Rental Office no later than February 1. Failure to receive the application for reassignment or relocation of space shall not relieve the concessionaire/exhibitor from its responsibility to request reassignment or relocation of space prior to the February 1 deadline.

c) After evaluating reapplication for space submitted pursuant to subsection (a) of this Section, and after spaces have been assigned by the Director or a designated representative, all new applications for space rental will be evaluated.

History

• Source: Amended at 39 Ill. Reg. 7241, effective May 8, 2015

8 Ill. Adm. Code 270.40 New Applications for Space Rental

Applications for new concessionaires will be available on-line or by contacting the Space Rental Office. These applications for new concessionaires will be considered after February 1 at the close of the reapplication process.

a) All new applications for space rental shall be sent to the Division and shall be accompanied by a photograph or drawing of the concession/exhibit. If the proposed concession/exhibit differs significantly from the photograph or drawing submitted with the application, the Department reserves the right to reconsider the application for space. Factors that would affect the approval of the application would be physical limitations and restrictions, the general appearance of the structure, possible interference with existing structures, power sources, sewage, and water service.

b) All new applications for space rental will be classified by the Department as to type of concession/exhibit that will be operated.

c) All new applications for space rental will be considered after all reapplications and relocations have been completed pursuant to Section 270.35.

d) Granting the privilege to operate a concession/exhibit shall be based on the following criteria:

1. the Department at all times shall attempt to promote the current theme of the State Fair;

2. the current number of similar concessions/exhibits operating on the grounds;

3. the general appearance of the concession/exhibit, revenue potential to the Department, stand design, structure, sanitation requirements and physical constraints.

History

• Source: Amended at 39 Ill. Reg. 7241, effective May 8, 2015

8 Ill. Adm. Code 270.45 Substitute Locations or Discontinuance of Contracts

Alterations in the Fairgrounds or space may make it necessary to eliminate previously available or contracted space from one year to the next. In these cases the Director or a duly authorized representative reserves the right to offer substitute locations or discontinue contracts completely.

8 Ill. Adm. Code 270.50 Reassignment of Space by Department (repealed)

History

• Source: Repealed at 39 Ill. Reg. 7241, effective May 8, 2015

8 Ill. Adm. Code 270.55 Number of Stands Permitted

Each concession/exhibit location shall be under a separate contract with the Division.

History

• Source: Amended at 8 Ill. Reg. 6103, effective April 25, 1984

8 Ill. Adm. Code 270.60 Policy Governing Exhibits/Concessions and Approval to Conduct Business

The Department reserves the right to license and regulate all concessionaires/exhibitors on the Fairgrounds. The business conducted under a space rental contract shall be at all times in accordance with Subparts A through I (as applicable) of this Part, the provisions of the space rental contract and the statutes of the State of Illinois.

History

• Source: Amended at 19 Ill. Reg. 9400, effective June 29, 1995

8 Ill. Adm. Code 270.65 Policy of Permitting Space Without Monetary Charge

To promote the dissemination of free information and/or to provide for the free entertainment of fairgoers, the Department may provide space and/or facilities to exhibitors without monetary charge for industrial, cultural, educational, trade and/or scientific exhibits, provided that the exhibits fit into the general theme of the State Fair, space is available, and no direct sales to the public are made on the fairgrounds. Space shall be afforded without charge to the Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, President and Minority Leader of the Senate, and Speaker and Minority Leader of the House of Representatives for the purpose of disseminating information to the public about their respective constitutional office.

History

• Source: Amended at 10 Ill. Reg. 14282, effective August 20, 1986

8 Ill. Adm. Code 270.70 Exercising Constitutional Freedoms

The Department recognizes that the State Fair is a proper forum for the free exchange of ideas in a free society. For any person desiring to distribute information and/or solicit contributions on the fairgrounds in the exercise of constitutional freedoms, the Department shall designate an area or areas in which the proposed activities may be conducted. All activities shall be conducted from within, and not from without, the area or areas as designated by the Director, or a designated representative, for such purpose. All persons requesting such space shall apply for space pursuant to Sections 270.35 and 270.40, except that the revenue generating evaluation criteria of those Sections shall not apply. Privilege granted pursuant to this Section shall be provided at no charge. The provisions of Section 270.115 relative to broadcasting devices shall pertain to all persons exercising their constitutional freedoms.

History

• Source: Amended at 19 Ill. Reg. 9400, effective June 29, 1995

8 Ill. Adm. Code 270.75 Assignment of Contracts

State Fair exhibit or concession contracts or any portion thereof shall not be assigned, interest therein hypothecated or otherwise disposed of without the written consent of the Department. Obligations provided for in said contracts, including payments for space, electric service, or gas, shall remain the obligation of initial lessee, irrespective of approved subleasing or assignment otherwise provided. It is the Department's policy that contracts shall not be assigned unless death, injury or sickness of the original lessee makes assignment necessary in order to perform the provisions of the lease for that year's fair. Approved subcontracting does not transfer any rights to reapplication to the subcontractor, and it is the policy of the Department that subcontracting is only valid for the current year's fair.

History

• Source: Amended at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.80 Inspection of Premises

The premises contracted for by the lessee shall at all times be open to any official or designated inspector of the Department, law enforcement officer, or other authorized officials in the performance of their duties.

8 Ill. Adm. Code 270.85 Removal or Denial of Acceptance

a) The Department reserves the right to deny admittance or to remove from the State Fairgrounds any person, exhibit, animal, concession, or show that:

1. is falsely entered or represented to the Department.

2. is in violation of its exhibitor, concessionaire, space rental, or any other type of contract entered into with the Department for performance at the State Fair.

3. is detrimental to the health, safety, or welfare of the fair-going public.

b) The Department also reserves the right to remove any sign, banner, display or advertising material if such material is in violation of the Department's public policy as stated in Section 3 of the State Fair Act (Ill. Rev. Stat. 1991, ch. 127, par. 1703) [20 ILCS 210/3].

c) In the event that the Director or a duly authorized representative determines that any person, exhibit, animal, concession or show should be removed from or denied acceptance to the State Fairgrounds, that decision shall be effective immediately.

d) Any person or persons objecting to the decision of the Department pursuant to this Section may file a petition according to the Department's administrative procedure (8 Ill. Adm. Code 1.50(b)). If the Director's response pursuant to 8 Ill. Adm. Code 1.265 is that administrative proceedings should be initiated in regard to the petition, the administrative hearing shall be held within 15 hours from the time the removal notice or denial is given.

History

• Source: Amended at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.90 Concessions and Exhibits Prohibited

No roving concessions or exhibits shall be permitted. No shows or exhibitions featuring obscenity as defined in Section 11-20 of the Criminal Code of 1961 (Ill. Rev. Stat. 1991, ch. 38, par. 11-20) [720 ILCS 5/11-20] will be permitted.

History

• Source: Amended at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.95 Liquified Petroleum Gas

No liquified petroleum gas installations will be allowed on the State Fairgrounds until the lessee has received approval from the State Fire Marshal (see 41 Ill. Adm. Code 200). No liquified petroleum gas will be allowed in any State building at any time.

History

• Source: Amended at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.100 Merchandising Permits

Parties desiring merchandising permits to solicit orders for and deliver articles of food, tobacco, soft drinks or other articles of merchandise to restaurants, refreshment stands, exhibits or concessions upon the State Fairgrounds shall purchase permits from the Space Rental office. Delivery trucks not properly identified with said merchandise permits shall be prohibited from entering the grounds at any time during the period of the State Fair. All delivery trucks must use only that gate specified for and exclusively for delivery trucks. The fee for such permits shall be set annually and shall appear in the Schedule of Space Rental Fees which shall be on file in the Department and available upon request.

History

• Source: Amended at 8 Ill. Reg. 6103, effective April 25, 1984

8 Ill. Adm. Code 270.105 Measuring Space

Outside space will be measured from tie-in to tie-in, overhang to overhang, awning to awning or trailer hitch to bumper. Stands will be measured from lot line to lot line. Storage or service areas occupied by the lessee on either side of the main structure will be considered as part of the main structure in determining rental charge.

8 Ill. Adm. Code 270.110 Electricity

All electric consumption, wiring and installation of electrical apparatus will be at the expense of the lessee and under the supervision of the State Fair Electrical Foreman or his designated representative. Each exhibitor or concessionaire must furnish a suitable fuse box and all wiring within the exhibit or concession. Wiring must be brought to within five feet of the power source. All service shall be properly grounded. All wiring shall meet the approval of the State Fair Electrical Foreman or his designated representative. Since the concessions and exhibits at the State Fair are temporary structures, they are not required to meet the provisions of the Building Code. The State Fair Electrical Foreman or his designated representative shall approve all wiring based upon safety, i.e., no bare wires, sufficient fuses and fuse boxes, etc. A supplementary electrical consumption specification form shall be completed and signed by the exhibitor or concessionaire and approved by the State Fair Electrical Foreman or his designated representative before a hook-up form may be obtained from the Space Rental office and a hook-up made. The Department is not responsible or liable for failure of gas and/or electric service.

8 Ill. Adm. Code 270.115 Broadcasting Devices

No loud speakers, radios, amplifiers or other broadcasting devices can be used on the location described in said contract without the written consent of the Superintendent of the Division or a duly authorized representative endorsed thereon. Permission to use or continue to use broadcasting devices shall be based upon the Department's determination of whether the use of such device will interfere with the normal and usual conduct of business by adjoining or adjacent concessionaires/exhibitors.

History

• Source: Amended at 8 Ill. Reg. 6103, effective April 25, 1984

8 Ill. Adm. Code 270.120 Display of Exhibit or Concession Number

Each lessee shall display the concession or exhibit number in a conspicuous place near the front of the stand or place of business.

8 Ill. Adm. Code 270.125 Protection of the Public and Lessee's Property

Lessees shall take precautions (e.g., use of safety equipment, restraining public access), as necessary, when machinery, equipment or working demonstrations are involved so as to avoid injury to any person or the loss or damage to lessee's property.

History

• Source: Amended at 8 Ill. Reg. 6103, effective April 25, 1984

8 Ill. Adm. Code 270.130 Distributing Literature or Display Advertising

A lessee may distribute literature or display advertising signs within the rented space only. Under no circumstances will any person, firm or organization be permitted to place advertising on State buildings, exterior or interior, fences, trees, or poles within the Fairgrounds. Notwithstanding anything in this Section, the Department has the right to place corporate sponsor's acknowledgement on buildings, fences, or poles within the fairgrounds.

History

• Source: Amended at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.135 Payment of Space Rental Contract

a) Inside Concessionaires: The signed contract (front and back) must be accompanied by payment in full for space and electric, if applicable, no later than July 1. If a new concessionaire is approved later than July 1, the full payment is due at the time of contract submission.

b) Outside Concessionaires: The signed contract (front and back) must be accompanied by ⅓ space rental payment due and electrical, if applicable, no later than July 1. The remaining ⅔ payment is due no later than the Monday of the Illinois State Fair. These figures and dates are shown on the front side of the contract. If a new concessionaire is approved later than July 1, ⅓ payment is due at the time of contract submission, with the remaining ⅔ due no later than Monday of the Illinois State Fair.

c) Payment of fees shall be in the form of personal or business checks, cash, money orders, or certified or cashier checks.

History

• Source: Amended at 39 Ill. Reg. 7241, effective May 8, 2015

8 Ill. Adm. Code 270.140 Operational Hours

All outdoor concessionaires (vendors and exhibitors) shall be ready in Springfield by 10:00 a.m. and in DuQuoin by 10:00 a.m. on the opening day of the annual State Fair. Buildings shall be open at 9:00 a.m. and shall close at 9:00 p.m. daily. If the situation warrants an earlier closing (e.g., electrical failure, natural disaster, adverse weather conditions), it may be allowed but permission to do so must be granted by the State Fair Manager or a duly authorized representative.

History

• Source: Amended at 39 Ill. Reg. 7241, effective May 8, 2015

8 Ill. Adm. Code 270.145 Sales Prior to the State Fair

All goods and services sold other than during the published dates of the State Fair shall be subject to non-fair space rental rules (Subparts J and K of this Part).

History

• Source: Amended at 10 Ill. Reg. 20468, effective November 26, 1986

8 Ill. Adm. Code 270.150 Sales During the State Fair

For those persons subject to a percentage rental contract, the State of Illinois shall be entitled to a percent of all gross sales during the State Fair. The percentage rate shall be subject to a negotiated written contract between the concessionaire and the Department. The percentage rate in the contract shall be based on the following factors: cost of operation of the concession, profit margin, anticipated gross revenue of the concessionaire, previous experience, selling price, and other factors which could influence the negotiated rate.

History

• Source: Amended at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.155 Property Shipped to the State Fair

All property shall be shipped in the name of the lessee, addressed c/o Illinois State Fair, Illinois State Fairgrounds, Springfield, Illinois 62706, or (if exhibiting at DuQuoin) c/o DuQuoin State Fair, DuQuoin, Illinois 62832, also giving the name of the building and space number. Positively no property will be accepted upon which there are charges of any kind. Shipments scheduled to arrive more than seven (7) days before the opening of the event should be consigned to some storage and/or transfer agency.

History

• Source: Amended at 10 Ill. Reg. 20468, effective November 26, 1986

8 Ill. Adm. Code 270.160 Removal of Property

Under the terms of the Fair-Time Space Rental contract, it is understood and mutually agreed that all property and/or equipment belonging to the lessee must be removed from the Fairgrounds no later than September 1 following the close of the Fair at Springfield or September 15 at DuQuoin. For any property not so removed, it is lessee's responsibility to have entered into a written space rental contract prior to September 1 or September 15, as the case may be, following the close of the Fair. For any property remaining and/or equipment remaining on the fairgrounds after September 1 or September 15, as the case may be, following the close of the last Fair and for which no non-fair space rental contract has been executed nor payment of the required fees made, said property and/or equipment shall be considered abandoned and all rights, title and ownership of same shall thereafter pass to and belong to the Illinois Department of Agriculture.

History

• Source: Amended at 10 Ill. Reg. 20468, effective November 26, 1986

8 Ill. Adm. Code 270.165 Gambling, Raffles, Prizes, Games of Chance, Intoxicating Beverages

a) No roving gambling, games of chance or skill, raffles, selling tickets or taking donations on a chance to win a prize will be permitted.

b) The lessee will neither use nor permit to be used any games of chance or skill, raffles, selling tickets, taking donations, gambling devices, or intoxicating beverages, unless approved in writing by the Superintendent of the Division. Such approval shall be granted if the lessee's activities are not prohibited by Article 28 of the Criminal Code of 2012 [720 ILCS 5/Art. 28] and if the lessee agrees to abide by subsection (b) of this Section. A raffle means when a person purchases a ticket for the purpose of winning a specific item. A drawing means when a person is entitled to win a specific item without purchasing a ticket for such purpose.

c) The lessee shall abide by the following requirements when permitted to solicit at the State Fair for prizes to be given through drawings:

1. The drawings and solicitation must be approved in advance of the starting of the State Fair by the Superintendent of the Division or a duly authorized representative. Approval of the drawing time, place and date will be based on the fact that there is no conflict with nor a detrimental effect on other events or exhibits.

2. The prizes shall be on display the entire length of the State Fair.

3. The date and time of the drawing shall be advertised in advance so the participants and other interested persons may witness the drawing.

4. In the event of inquiry by the public, the Department shall require the lessee who held the drawings to furnish to the Space Rental Office, the name, address, and telephone number of the winners.

History

• Source: Amended at 39 Ill. Reg. 7241, effective May 8, 2015

8 Ill. Adm. Code 270.170 Inside Exhibits

Inside exhibits shall not exceed 8 feet in height on back wall. Booth side walls or wings from the center of the booth to the aisle shall not exceed 3 feet in height.

History

• Source: Amended at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.175 Posting Food Prices

The lessee shall post in a conspicuous manner inside the stand and at the outside entrance to the place of business, a sign showing the price to be charged for meals, lunches, drinks or other food or articles to be sold under the contract. All prices shall be posted before a stand opens and during its operating hours.

History

• Source: Amended at 8 Ill. Reg. 6103, effective April 25, 1984

8 Ill. Adm. Code 270.180 Clean-Up

All dining halls, lunch booths, refreshment pavilions or other stands shall be substantial in structure and neat in appearance (e.g., wood or metal frame, paneled, painted or decorated). Only paper cups will be used. The Department shall be responsible for cleaning aisles for pedestrian traffic in all buildings. A lessee is responsible for keeping the area contracted for in a neat, clean and orderly manner. The Department shall contract for clean-up services and bill the lessee who fails to perform this service. The Department shall not issue a release of the lessee's property until all charges are paid.

History

• Source: Amended at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.185 Public Health

A lessee shall be responsible for determining that an employee in a food or drink stand or dining hall does not have or is not suspected of having a communicable disease or does not have sores or skin eruptions which could be detrimental to the public. A suspect may be requested to submit to a health examination at the first aid station on the State Fairgrounds or provide other medical information to the Department as necessary.

History

• Source: Amended at 19 Ill. Reg. 9400, effective June 29, 1995

8 Ill. Adm. Code 270.190 Food and/or Drink Service Operations

Food and/or drink stands and dining halls shall comply with the Illinois Food, Drug and Cosmetic Act (Ill. Rev. Stat. 1991, ch. 56½, pars. 501 et seq.) [410 ILCS 620], the Sanitary Food Preparation Act (Ill. Rev. Stat. 1991, ch. 56½, par. 67 et seq.) [410 ILCS 650], and the rules relating to Food Service Sanitation (77 Ill. Adm. Code 750) as enforced by the Department of Public Health.

History

• Source: Amended at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.195 Release Procedure

All exhibitors/concessionaires shall remain open and in operation until after the start of the last scheduled grandstand event or 6:00 p.m., whichever is later, on the last day of the State Fair. No release forms will be issued prior to that date and time, unless due to extenuating circumstances (e.g., death, natural disaster, equipment failure, theft of merchandise) earlier removal is permitted in writing by the Superintendent of the Division. All releases will be issued by the State Fair Electrical Foreman or his designated representative at the time of electrical cut-off. Proof of payment of space rental fees and final payment of sales tax must be shown at the time release is issued. Failure to adhere to the requirements as set forth in this rule will be grounds for refusal of future participation in the State Fair.

History

• Source: Amended at 10 Ill. Reg. 20468, effective November 26, 1986

8 Ill. Adm. Code 270.200 Security

Lessee is responsible for security relating to the event, concession or exhibit contracted for on the State Fairgrounds. Security guards are to be at lessee's sole expense and are subject to authority of the head of security for the State Fairgrounds. The requirements of this rule are in addition to the general powers of the Department to secure and police the Fairgrounds, which security the Department maintains on a regular basis without guaranteeing, in any method or manner, the safety and security of lessee, its property or persons.

History

• Source: Amended at 10 Ill. Reg. 20468, effective November 26, 1986

8 Ill. Adm. Code 270.205 Liability

The Department shall not be responsible or liable for any damage or loss of property or for any personal injury or death of any employee, agent or servant of the lessee during the period that the lessee is located upon the premises of the State Fairgrounds while engaged in the performance of the contract. The lessee shall agree to provide Workers' Compensation Insurance as required by the Workers' Compensation Act (Ill. Rev. Stat. 1991, ch. 48, par. 138.1 et seq.) [820 ILCS 305].

History

• Source: Amended at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.210 Concessionaire's or Exhibitor's Trailers

a) Springfield State Fair:

A trailer used for storage of supplies or as an office, with a direct relationship to a specific exhibit or concession, will be assigned to a vendor supply vehicle storage area. All living units will be located in the regular campground at the appropriate fee. All storage vehicles must be properly identified with a paid supply vehicle sticker.

b) DuQuoin State Fair:

A trailer used for storage of supplies, as an office, or for camping, with a direct relationship to a specific exhibit or concession, will be allowed to park at the rear of said exhibit or concession only when:

1. it is out of public view;

2. it is located within the limits of leased space as provided for in the contract;

3. it does not infringe upon parking or access areas; and

4. it is properly identified with a paid supply sticker.

History

• Source: Amended at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.215 Failure to Abide by Rules or Contract Provisions

a) Failure of any person to abide by Subparts A through I (as applicable) of this Part, the provisions of the contract or the laws of the State of Illinois shall be grounds for immediate revocation of the contract and for a prohibition of said person to utilize the State Fairgrounds or participate in activities conducted, in whole or in part, upon the State Fairgrounds. The Department in accordance with its administrative hearing rules shall notify said person and conduct a hearing before revoking a contract or prohibiting said person from utilizing the State Fairgrounds or participating in activities conducted, in whole or in part, upon the State Fairgrounds. Any contract revoked due to violation of these rules, the provisions of the contract or the laws of the State of Illinois shall not be subject to reimbursement of the contract payment or of any fees paid thereunder, except in the event of an Act of God or a State or National emergency as declared by the President or Governor of Illinois whereby the State Fair cannot be held.

b) Lessee consents and acknowledges that the Illinois Department of Agriculture maintains a list of persons and/or entities for whom access to and use of the facilities or portion of the facilities comprising the State Fairgrounds is prohibited. Said list of persons shall be comprised of persons defined in Section 270.215(a) as having violated the rules or contract provisions. Lessee acknowledges that as part of the contract that it has received a copy of said list of prohibited or suspended persons and will as part of this contract deny access to and participation in any programs which lessee carries out on said State Fairgrounds to all of said prohibited persons and/or entities. If a person is prohibited, any animal which said person trains, owns, or has exhibited or has any direct or indirect interest in is prohibited from being exhibited in any program on the State Fairgrounds, as well as any equipment which said person or entity has any interest in or owns. Any corporation is prohibited if a person who is prohibited is an officer, director, employee or stockholder of same.

History

• Source: Amended at 10 Ill. Reg. 20468, effective November 26, 1986

8 Ill. Adm. Code 270.220 Lessee's General Standard of Conduct

Lessee shall refrain from engaging in any fraudulent activity, misrepresentations or illegal activity towards any patron or any officer, agent or employee of the Department, either in a procurement of a contract or in the use of any space or the operation of any concession. Lessee shall not give any false or materially misleading information on any contract application form.

8 Ill. Adm. Code 270.221 Emergency Closing

In emergency circumstances, the State Fair Manager reserves the right to close concessions and limit operations when such actions are deemed necessary for the public health, safety, or welfare.

History

• Source: Added at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.225 Categories of Horse Racing

Horse racing shall be permitted at the State Fair in the following general categories:

a) State Fair Colt Stakes;

b) Review Futurity Stakes;

c) Illinois Trotting and Pacing Colt Stakes;

d) Quarter Horse Races; and

e) World Trotting Derby (DuQuoin).

History

• Source: Amended at 10 Ill. Reg. 20468, effective November 26, 1986

8 Ill. Adm. Code 270.230 State Fair Colt Stakes Races

The State Fair Colt Stakes and all races to be run thereunder shall be run in accordance with the Department's rules (8 Ill. Adm. Code 290.110) relating to Section 31 of the Illinois Standardbred and Thoroughbred Breeding and Racing Programs promulgated pursuant to the Illinois Horse Racing Act of 1975 (Ill. Rev. Stat. 1991, ch. 8, par. 37-31) [230 ILCS 5/31].

History

• Source: Amended at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.235 Review Futurity Races

The Department shall contract each year with the Review Futurity Association for said association's management and supervision of all races in the Review Futurity. Copies of the contract between the Department and the Review Futurity Association shall be available upon written or oral request from the Division.

History

• Source: Amended at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.240 Illinois Trotting and Pacing Colt Races

The Department shall contract each year with the Illinois Trotting and Pacing Colt Association for the association's management and supervision of all races in the Illinois Trotting and Pacing Colt category. Copies of the contract between the Department and the Illinois Trotting and Pacing Colt Association shall be available upon written or oral request from the Division.

History

• Source: Amended at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.245 Quarter Horse Races

The Department shall contract each year with the Illinois Quarter Horse Association for the Association's management and supervision of Quarter Horse racing. Copies of the contract between the Department and the Illinois Quarter Horse Association shall be available upon written or oral request from the Division.

History

• Source: Amended at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.250 Premiums Offered

Premiums shall be offered at the State Fair in the following general categories:

a) Livestock;

b) Society Horse Show;

c) Western Horse Show;

d) Junior Division Show; and

e) General

8 Ill. Adm. Code 270.255 Premium Books

a) On or before July 1 of each year the Department shall establish and make available a premium book for each of the categories set in Section 270.250 which shall state the following information:

1. Kinds and classes of events or exhibits in each general category;

2. Entry requirements for each event or exhibit;

3. Conditions under which entries shall be received, stalled and cared for, fees and qualification and disqualification requirements; and

4. The amount of premium to be offered in each class. (The amount of premium offered shall be based on approved appropriations.)

b) When considering the kinds of classes, entry requirements, conditions under which entries shall be received, stalled and cared for, entry fees and qualification and disqualification requirements, the Department shall take into consideration experience of previous Illinois State Fairs and other state fairs, changes in the industry which make it reasonable to adopt new provisions, available facilities, industry recommendations, changes in other classes or events, available appropriations, and any other matter which may affect the event or exhibit.

History

• Source: Amended at 19 Ill. Reg. 9400, effective June 29, 1995

8 Ill. Adm. Code 270.260 Payment of Premiums

Premiums shall be paid by check written by the Department directly to the winner or participant in each competitive event or exhibit.

History

• Source: Amended at 8 Ill. Reg. 6103, effective April 25, 1984

8 Ill. Adm. Code 270.261 Land of Lincoln Breeders Awards for Purebred or Registered Livestock

a) In accordance with the provisions of Section 11.1 of the State Fair Act, fair management with the advice of the Land of Lincoln Purebred Breeders Association shall set the percentage of the appropriation made for the Land of Lincoln Breeders Awards for Purebred or Registered Livestock for each class or show of livestock and publish these percentages in the Illinois State Fair premium book annually.

b) The Department shall establish and promote contests and exhibitions of various classes of livestock to be known as The "Land of Lincoln Breeders Awards for the Purebred or Registered Livestock." Only animals bred, born and maintained in Illinois and owned and exhibited by Illinois residents shall be eligible to participate in such contests and exhibitions; however, such animals shall be permitted out of this State for a reasonable period of time for showings, exhibitions, breeding or reproductive purposes, or medical treatment (Section 11.1 of the State Fair Act [20 ILCS 210/11.1]). For the purposes of determining compliance with this Section, a reasonable period of time for permitting animals to be out of the State for showings, exhibitions, breeding, reproductive purposes or medical treatment shall be a maximum of 90 days during a fiscal year (July 1 through June 30).

History

• Source: Amended at 21 Ill. Reg. 5530, effective April 22, 1997

8 Ill. Adm. Code 270.265 Professional and Artistic Contracts

Judges of exhibits or events, including, without limitation, livestock and agricultural exhibit judges, shall be contracted for by the Department to perform the function of judging entries in exhibit competition.

History

• Source: Amended at 8 Ill. Reg. 6103, effective April 25, 1984

8 Ill. Adm. Code 270.270 Judge's Salary

Judges of exhibits or events may be contracted on a "flat fee" basis, a "per event" basis or a "per day" basis and their employment renumeration may include reimbursement for expenses and transportation as may be specified in the contract. Judges may be contracted on a "gratis" basis where said judge is a member or affiliate of an association or organization which is sponsoring or participating in the management and supervision of an exhibit or event.

8 Ill. Adm. Code 270.275 Selection of Judges

Judges of exhibits shall be selected by and be subject to approval by the Department. Selection of judges shall be based upon their reputation, experience and expertise in the exhibit category or categories in which they are employed as judges.

8 Ill. Adm. Code 270.280 Certificates, Ribbons and Trophies

Certificates of awards, including but not limited to ribbons and trophies, shall be purchased by the Department through competitive bidding in accordance with the Illinois Purchasing Act (Ill. Rev. Stat. 1991, ch. 127, pars. 132.1 et seq.) [30 ILCS 505] and the rules promulgated under the authority of the Illinois Purchasing Act by the Department of Central Management Services. This rule shall not be deemed to prohibit or limit the right of any association which governs an exhibit or racing area from presenting its own trophies or awards to participants in such exhibits or racing.

History

• Source: Amended at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.285 Daily Admission Charge

Admission to the State Fairgrounds shall be limited to those persons who have purchased an admission pass or ticket, unless exempted by Sections 270.295 or 270.300. Each person gaining admission to the premises of the fairgrounds during the presentation of the State Fair shall pay a daily admission fee. Notwithstanding the foregoing, the Department may issue and make available for purchase season admission tickets covering the duration of each year's State Fair.

8 Ill. Adm. Code 270.290 Special Events

Admission prices may be charged to any event within and on the premises of the State Fairgrounds which is a part of the State Fair program. Admission charges for special events shall be in addition to the gate admission for entry onto the premises of the State Fairgrounds and the amount of the charge shall be set by the Department prior to the performance of such event or events and the price of admission to such event(s) shall be conspicuously posted for the benefit of the public.

8 Ill. Adm. Code 270.295 Designated Days

The Department shall have the discretion to waive or reduce the gate admission charges for entry onto the premises of the State Fairgrounds for any special group or classification of persons who attend the State Fair on specially designated days honoring said group or classification of persons. (Example: The Department may waive or reduce the gate admission charges for senior citizens on Senior Citizen's Day). In accordance with Section 6 of the Act, honorably discharged veterans and members of their families shall be admitted without admission charge upon presentation of the proper identification on Veteran's Day. The Department may reduce or waive the gate admission for children and senior citizens.

8 Ill. Adm. Code 270.300 Gate Admission Charge Waived

The Department shall waive the gate admission charge for employees of the Department and of other governmental agencies, who are engaged in their employment and for other persons deemed to be participating in or promoting the activity and presentation of the State Fair, i.e., State police, inspectors of the Department of Public Health, firemen.

History

• Source: Amended at 10 Ill. Reg. 20468, effective November 26, 1986

8 Ill. Adm. Code 270.305 Schedule of Admission Charges and Fees

On or before July 1 of each year, the Department shall establish and publish a State Fair Schedule of Fees and Admissions for that year's fair. The Department shall make available upon request the State Fair Schedule of Fees and Admissions and shall make reasonable efforts to inform the public of the fees and admission charges.

History

• Source: Amended at 8 Ill. Reg. 6103, effective April 25, 1984

8 Ill. Adm. Code 270.310 Admission of Motor Vehicles

Motor vehicles (autos and trucks) may be admitted to the State Fairgrounds provided a vehicle parking permit is purchased. The charge for vehicle admission shall be as set forth in the State Fair Schedule of Fees and Admissions. Bicycles shall not be permitted on the State Fairgrounds, except for competition, demonstration or exhibition purposes. It is the policy of the Department that motorcycles shall be permitted on the grounds pursuant to the payment of the proper admission fee and in a specified parking area only. It is the policy of the Department to keep motor vehicles, except in designated parking areas, to an absolute minimum to effectively and efficiently operate the State Fair. Golf carts shall obtain a permit.

History

• Source: Amended at 19 Ill. Reg. 9400, effective June 29, 1995

8 Ill. Adm. Code 270.315 Employees of Exhibitor/Concessionaire

In order to obtain a commercial admission ticket, employees must furnish proof to the Paid Credentials Office, Division of Fairs and Promotions, of their employment by a particular exhibitor or concessionaire.

History

• Source: Amended at 19 Ill. Reg. 9400, effective June 29, 1995

8 Ill. Adm. Code 270.320 Camping Location

Overnight camping for campers, trailers, goosenecks or tents shall be allowed in camping area(s) as may be designated from time to time by the Department. Camping is restricted to designated area(s) only unless the camper or trailer can meet the provisions of Section 270.210(b).

History

• Source: Amended at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.325 Fee for Camping

The fee for overnight camping during the State Fair shall be as established annually and published by the Department by July 1 in the Space Rental Fee Schedule. In determining the fee, the Department shall take into consideration the fees charged in previous years, the available facilities and their condition, fees charged by county and other state fairs, anticipated profit, the cost of providing such services as electric, water, sewage disposal, restrooms and showers and other pertinent matters.

History

• Source: Amended at 8 Ill. Reg. 6103, effective April 25, 1984

8 Ill. Adm. Code 270.330 Camping Sticker

Persons wishing to camp overnight must obtain a camping sticker which is issued by the Division upon payment of applicable fees. Camping stickers shall be prominently displayed near the entrance to the living quarters or on the vehicles.

History

• Source: Amended at 6 Ill. Reg. 8958, effective July 9, 1982

8 Ill. Adm. Code 270.335 Removal of Illegally Parked Vehicles

Any vehicle parked in an unauthorized parking area, not parked in its designated parking area or not displaying a camping sticker indicating space rental fee has been paid for that day shall be towed to a designated lot on the Fairgrounds where the owner may claim the vehicle upon payment of the towing charge.

History

• Source: Amended at 8 Ill. Reg. 6103, effective April 25, 1984

8 Ill. Adm. Code 270.340 Extension Cords

No extension cords from barns, stalls and unauthorized poles to the camper or motor home will be allowed.

8 Ill. Adm. Code 270.345 Traffic Control and Parking; Spraying Livestock Trucks

The Department reserves the right to regulate traffic and parking of all motor vehicles within the State Fairgrounds for purposes of insuring the security of the Fairgrounds and on-going uses therein and for purposes of providing for the safety of the property and persons lawfully present on the Fairgrounds. No automobiles, trucks, trailers, or golfcarts shall be permitted to park in areas marked as loading or unloading zones or in no parking zones. All livestock trailers and fifthwheels must be parked in the half-mile track or any other area designated for such use. All trucks transporting livestock must be sprayed on the grounds before leaving the fairgrounds. At the time of spraying a sticker will be affixed to the livestock trailer. Golfcarts will not be allowed, except for official vehicles between the hours of 10:00 a.m. and 11:00 p.m. It is the policy to keep all vehicles, except in designated parking areas, to an absolute minimum.

History

• Source: Amended at 10 Ill. Reg. 20468, effective November 26, 1986

8 Ill. Adm. Code 270.350 Pets

Pets are not allowed to be in public areas of the fairgrounds during the State Fair, except confined to campground areas as defined by the Division administrator or Division administrator's designee. Pets used for assistance to disabled persons, authorized competitive exhibits, shows or demonstrations at the State Fair or other approved purposes will be allowed. Violation of this Section will be cause for termination of any contract or privilege and for removal of the pets and owners from the Fairgrounds.

History

• Source: Amended at 34 Ill. Reg. 8996, effective July 1, 2010

8 Ill. Adm. Code 270.355 Structures of Lessee

All plans for buildings or structures, whether permanent or temporary, shall be approved by the Department before construction is begun. Approval to construct a building or structure and the duration that such building or structure may stay on the Fairgrounds shall be stated on the lessee's contract. The Department shall consider in granting approval to construct a building or structure the overall plans and development of the Fairgrounds, the purpose of the building or structure, costs of utilities and maintenance, and other relevant data. Provisions governing the building use and charges shall be stated on the lessee's contract.

History

• Source: Amended at 8 Ill. Reg. 6103, effective April 25, 1984

8 Ill. Adm. Code 270.360 Restrictions

a) There shall be no cooking or smoking in the horse/cattle barns or other barns and stall areas located on the Fairgrounds.

b) Storing of sawdust, straw, feed or any other material will not be permitted in the aisle of any barn. Blockage of aisles with tack or carts will not be permitted.

History

• Source: Amended at 8 Ill. Reg. 6103, effective April 25, 1984

8 Ill. Adm. Code 270.365 Intoxicating Beverages

The Department shall enter into a Space Rental contract with a concessionaire(s) for the rental of space for the sole purpose of selling beer on the State Fairgrounds. The Department reserves the right to assign the area of concession as previously stated in Sections 270.35 and 270.40. It is mutually agreed that the concessionaire(s) must comply with the Liquor Control Act of 1934 (Ill. Rev. Stat. 1991, ch. 43, pars. 93.9 et seq.) [235 ILCS 5] concerning the selling of intoxicating beverages. Granting of this privilege is in no way to be construed to restrict or prohibit any distributor of beer from engaging in sales to the concessionaire(s) granted the privilege to sell beer under this rule.

History

• Source: Amended at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.370 Tickets/Refunds

a) All tickets sold by the Department shall be at the prices published to the public. The Department may barter or exchange tickets for services, advertising, marketing, promotions, donations or any other contribution for the benefit of the fairs. A record of the distribution of tickets that are bartered or exchanged and the benefit to the fairs of that barter or exchange shall be maintained by the Department.

b) Grandstand event tickets will be sold with refund provisions. This policy applies to all paid events in the Grandstand, such as tractor pulls and nightly entertainment. The Department will not refund on events that are rescheduled or where a raindate is provided. The Department shall make the determination of when Grandstand events shall be cancelled. Events may be cancelled because of weather, the facility and performers' failure to perform. Refunds will be made when the tickets are presented at the designated place for filing for refund.

History

• Source: Amended at 37 Ill. Reg. 780, effective February 1, 2013

8 Ill. Adm. Code 270.371 Leasing Facilities During the State Fair

The Department has the right to lease various facilities during the Illinois State Fair. This lease shall be subject to a negotiated rate and shall be a special agreement. In evaluating the leasing arrangement, the Department shall consider one or more of the following criteria in determining whether to grant a privilege to a prospective lessee:

a) The availability of the physical plant or plants on the Fairgrounds, taking into consideration the priority of preparation for the actual holding of the State Fair and the priority granted to long term tenants or users of the premises;

b) The physical limitations and availability of space when considered in conjunction with the proposed usage and number of participants, expected visitors or patrons to the event conducted by the lessee;

c) The security of both the physical premises and persons upon the premises of the Fairgrounds;

d) The costs and expenses ultimately incurred by the Department in providing security for any operations of lessee;

e) Reasonably foreseeable problems with security caused by either the nature of the usage or the identity of the proposed lessee or his patrons;

f) A major consideration will be the potential profit to be derived after examination of revenues versus expenses by the Department, including any budgetary constraints on the Department;

g) The welfare of the general community;

h) The public service to the general community offered by the proposed usage;

i) The financial responsibility of the proposed lessee and his/her ability to provide any special requirements that may be necessary to insure the safe, healthy and efficient usage of the premises;

j) The legality of the proposed use of the premises;

k) Prior experience either with a specific lessee or a specific usage to the extent that such prior experience illustrates a failure, refusal or inability of the proposed lessee to comply with the rules of this Part and/or the prior experience with a particular usage to the extent such usage results in violation of the rules of this Part or affects the general good and welfare of the Department;

l) The safety of the public and participants and of any equipment proposed to be used by lessee;

m) The reputation of the proposed lessee in both the local community and/or in the service or trade community in which he/she does business.

History

• Source: Added at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.375 Non-Fair Availability Dates

a) The State Fairgrounds at Springfield are available for facility rental from September 1 of each year until July 15 of the following year. These dates are established to insure proper preparedness for the Illinois State Fair and subsequent clean-up of buildings, barns and grounds. The facilities may be rented between July 15 and September 1, at the discretion of the Director based upon the impact on preparation and tear down of the Illinois State Fair.

b) The State Fairgrounds at DuQuoin are available for facility rental from September 10 of each year until August 15 of the following year. These dates are established to insure proper preparedness for the DuQuoin State Fair and subsequent clean-up of buildings, barns and grounds. The facilities may be rented between August 15 and September 10, at the discretion of the Director based upon the impact on preparation and tear down of the DuQuoin State Fair.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.380 Application for Space

A request for facility rental should be filed in writing (via letter, e-mail or fax) with the Space Rental Office as soon as possible before an event. Final contracts are mailed to the requestor for signatures.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.385 Reassignment

Rental agreements may not be assigned by the lessees to a third party without the prior written consent of the Department. It is the Department's policy that rental agreements not be assigned except in the case of death of the original lessee.

8 Ill. Adm. Code 270.390 Compliance with State Law and Regulations

a) Failure of any person to abide by Subparts J through N (as applicable) of this Part, the provisions of the contract or the laws of the State of Illinois shall be grounds for immediate revocation of the contract and for a prohibition of said person to utilize the State Fairgrounds or participate in activities conducted, in whole or in part, upon the State Fairgrounds. The Department shall notify said person and conduct an administrative hearing before revoking a contract or prohibiting said person from utilizing the State Fairgrounds or participating in activities conducted, in whole or in part, upon the State Fairgrounds. Any contract revoked due to violation of these rules, the provisions of the contract or the laws of the State of Illinois shall not be subject to reimbursement of the contract payment or of any fees paid thereunder, except in the event of an Act of God or a State or National emergency as declared by the President or Governor of Illinois whereby the contracted event cannot be held.

b) Lessee consents and acknowledges that the Illinois Department of Agriculture maintains a list of persons and/or entities for whom access to and use of the facilities or portion of the facilities comprising the State Fairgrounds is prohibited. Said list of persons shall be comprised of persons defined in Section 270.390(a) as having violated the rules or contract provisions. Lessee acknowledges that as part of the contract that it has received a copy of said list of prohibited or suspended persons and will as part of this contract deny access to and participation in any programs which lessee carries out on said State Fairgrounds to all of said prohibited persons and/or entities. If a person is prohibited, any animal which said person trains, owns, exhibits, or has any direct or indirect interest in is prohibited from being exhibited in any program on the State Fairgrounds, as well as any equipment which said person or entity has any interest in or owns. Any corporation is prohibited if a person who is prohibited is an officer, director, employee or stockholder of same.

History

• Source: Amended at 10 Ill. Reg. 20468, effective November 26, 1986

8 Ill. Adm. Code 270.395 Removal Rights or Denial of Acceptance

a) The Department reserves the right to deny admittance of or to cause to be removed from the State Fairgrounds, any person, exhibit, animal, concession or show that may be falsely represented or to deny acceptance of or to cause to be removed from the State Fairgrounds any sign, banner, display material or advertising matter if such exhibit/display material or advertising matter is contrary to law, or in violation of the Department's valid interest in providing for the health, safety and/or protection of the public.

b) Pandering shall be prohibited as provided for in Article 11 of the Criminal Code of 1961 (Ill. Rev. Stat. 1991, ch. 38, pars. 11-6 et seq.) [720 ILCS 5/Art. 11]. Any person or persons objecting to the decision of the Department pursuant to this rule shall avail themselves of the Department's administrative procedure for contested cases if they desire to question the decision. In the event that the Director or his duly authorized representative determines that immediate action as set forth above must be undertaken to protect the public from substantial injury and irreparable harm, a hearing (see Section 270.20(b)) must be scheduled for the benefit of the person against whom the action is taken and a hearing conducted within 15 hours from the time the removal notice or denial is given.

History

• Source: Amended at 18 Ill. Reg. 9400, effective June 12, 1994

8 Ill. Adm. Code 270.400 Assigned Space

A lessee must confine the business, and the promotion and advertising of same on the State Fairgrounds to the space assigned him/her. Failure to comply with this Rule will subject lessee to forfeiture of space privileges without reimbursement and to immediate eviction from the premises.

8 Ill. Adm. Code 270.405 Inspection

The premises described in lessee's contract shall at all times be open to any official or designated inspector of the Department pursuant to the provisions of the contract.

8 Ill. Adm. Code 270.410 Payment

a) Space rental at the State Fairgrounds at Springfield must be paid in full 15 business days before the first day of the event unless the Department approves an alternative payment plan in writing. Any alternative payment plan shall require the full space rental fee to be paid no later than the first day of the event. A non-refundable down payment of 30% of the space rental fee or $150, whichever is greater, shall be paid by the lessee at the time of confirmation of the booking. All payments must be made by cash, check, credit card, debit card, cashier's check or money order. When a "percentage contract" is involved, full reconciliation and accounting must be made by the lessee within 30 days following the event. The payment of any fees or charges for the use of the State Fairgrounds or facilities by any department of State Government or other governmental entity shall be waived unless the Director determines usage demonstrates financial hardship to the Department. Lessee shall be responsible for all electric, equipment, labor and janitorial fees associated with the facility rental.

b) Space rental at the State Fairgrounds at DuQuoin must be paid in full 10 business days before the first day of the event unless the Department approves an alternative payment plan in writing. Any percentage fees or additional charges must be paid within 10 business days after the event.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.415 Tickets

When tickets are used and the Department, per contract, receives a percentage of sales, lessee will furnish all necessary tickets at its own expense, and the tickets and manifest of tickets shall be examined by the Department before any sale. The lessee shall provide all ticket sellers and ticket takers at its expense. The lessee will provide to the Department, after the event, a manifest of all tickets sold and unsold in connection with the event. The manifest must be made no more than 10 calendar days following the conclusion of the event. After the event, the Department may request all ticket stubs.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.420 Facility Availability

The Department will determine the availability of the State Fairgrounds for non-fair events, including move-in and move-out dates.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.425 Parking

The Department reserves the right to regulate the parking of all motor vehicles within the State Fairgrounds for purposes of insuring the security of the Fairgrounds and ongoing uses therein and for purposes of providing for safety of the property and persons lawfully present on the Fairgrounds.

History

• Source: Amended at 10 Ill. Reg. 20468, effective November 26, 1986

8 Ill. Adm. Code 270.430 Security

The lessee is responsible for security relating to the event contracted on the State Fairgrounds. The lessee will be required to provide security guards as stated in the contract or if notified by the Department in writing prior to the event that security will be required. Additional security will be required as needed, based upon the nature of the event, the nature of other events going on, the type of property involved and the Department's personnel resources. The security guards are to be at the lessee's sole expense and are subject to authority of the head of security for the State Fairgrounds. The requirements of this Section are in addition to the general powers of the Department to secure and police the State Fairgrounds, security for which the Department maintains on a regular basis without guaranteeing, in any method or manner, the safety and security of the lessee, its property or persons. The lessee is required to notify State Fairgrounds security no less than 3 days prior to the event regarding times that a gate, other than the Main Gate, should be open.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.435 Fire Regulations

Fire Department Safety Regulations will be enforced as prescribed in the Illinois Rules and Regulations for Fire Prevention and Safety and as promulgated, from time to time, by the City of Springfield Fire Department.

8 Ill. Adm. Code 270.440 Tables and Chairs

a) Tables and chairs may be made available for use off of the State Fairgrounds by government entities, at the discretion of the Director based upon the impact on tables and chairs needed for non-fair events, Illinois State Fair, or DuQuoin State Fair. Additionally, the nature of the usage and wear and tear on the tables and chairs will be taken into account. The person desiring the use of the chairs and tables is responsible for setting them up, taking them down, and redelivering them in the same condition in which they were found.

b) The number of tables and chairs provided for events held on the State Fairgrounds are specified by facility/building in the Fee Schedule; however, if any additional tables and chairs are needed, charges will be assessed to the persons using them as specified in the Fee Schedule available from the Space Rental Office.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.445 Clean-Up

a) All rental agreements shall contain a provision that the lessee shall contract with an approved clean-up service for clean-up after the event on the State Fairgrounds at Springfield. If the lessee fails to enter a contract for clean-up services, the Department shall contract for the clean-up service and bill the lessee. The lessee shall contract with a clean-up service, as provided in the list of approved clean-up services. This list shall be available from the Space Rental Office upon request. Contractors shall indicate in writing to the Department that they would like to be on the list as an approved clean-up service. Failure to perform the services as outlined in the contract will cause a contractor to be removed from the approved list of clean-up services. A contractor's performance will be reviewed by the Department's Bureau of Business Services and/or Bureau of Buildings and Grounds. Approved clean-up service contractors that do not perform at the Department's standards will be notified in writing of removal of their name from the approved clean-up list.

b) The State Fairgrounds at DuQuoin shall provide clean-up services for lessees and will invoice the lessee accordingly at the conclusion of each event, consistent with prevailing wages.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.450 Alterations

No alterations shall be made on the premises without the express prior written approval of the Department. In the event that prior written permission is granted by the Department, all costs and expenses incurred in connection with said alteration shall be at lessee's sole expense. The Department will grant approval of minor, non-structural changes to the premises where said changes do not materially alter the usage of the leased area for lessee and subsequent lessees, but no approval will be given where structural changes are contemplated.

History

• Source: Amended at 8 Ill. Reg. 6103, effective April 25, 1984

8 Ill. Adm. Code 270.455 Insurance

a) The lessee shall obtain public liability insurance insuring both lessee and the Department in the minimum amounts of $300,000 per person, $500,000 per occurrence and $50,000 property damage. The insurance shall insure claims arising out of or in conjunction with the lessee's operations and shall also cover any claim arising out of or in connection with the use of any automobiles or trucks operated by lessee or its agents, servants or employees in connection with the lessee's operations. The Department shall reserve the right to require additional insurance if deemed necessary by the Department's General Counsel or his or her designated representative. The Department shall require additional insurance coverage at all auto races, tractor pulls, mechanical events, events where alcoholic beverages are served, or events in which crowd size could present a substantial liability to the sponsor of the event. Lessee shall supply a policy of public liability insurance to the Department 15 business days prior to the event and that policy shall name the Illinois Department of Agriculture and its officers, employees, agents and directors as additionally insured.

b) It is specifically understood and agreed that the Department will not be liable for injuries to lessee and lessee's agents or property. Neither shall the Department be liable for any damage caused by an Act of God or national or State emergency. The lessee further agrees to accept all liability for any injury sustained by the public on the area leased by the lessee and further agrees to indemnify the Department from any actions or claims resulting from personal injury or property damage on or near the premises described.

c) It is understood and agreed that any damage done to any property, either real or personal, owned by the Department during the duration of any Agreement, regardless of the cause of the damage, shall be the sole responsibility of the lessee and the lessee shall be responsible to the Department for the full amount of the damage and, upon being supplied with proof of loss, agrees to fully reimburse the Department for the damage within 10 days after receipt of the proof of loss.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.460 Discrimination

The lessee agrees that he/she will not discriminate because of race, creed, color, national origin, religion or sex and further agrees that the contract shall be terminated by the Department if a violation is found.

History

• Source: Amended at 8 Ill. Reg. 6103, effective April 25, 1984

8 Ill. Adm. Code 270.465 Camping (Repealed)

History

• Source: Repealed at 35 Ill. Reg. 19143, effective December 1, 2011

Chapter I Department of Agriculture

Subchapter j Fairs

Part 270 General Operations of the State Fairs and Fairgrounds

8 Ill. Adm. Code 270.470 Concessions

a) At the State Fairgrounds at Springfield, the Department's facility usage application that is completed by the lessee and the Department shall indicate if the lessee is to secure concessions at the event sponsored by the lessee. Any concessionaire selected by the lessee is subject to the express written approval of the Department. The Department shall not unreasonably withhold approval of any concessionaire, but reserves the right to disapprove a concessionaire on any basis set forth in Section 270.495. It is understood that, for all events, the Department shall require the concessionaire to enter into a contract with the Department. Lack of a current and valid concession contract will cause any party attempting to operate a concession on the premises to be considered a trespasser.

b) At the State Fairgrounds at DuQuoin, 20% of all concession sales will be collected for events unless determined otherwise by the Director or his/her designee.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.475 Delinquency

Persons with delinquent rental balances will be prohibited from any further rentals on the State Fairgrounds.

History

• Source: Amended at 10 Ill. Reg. 20468, effective November 28, 1986

8 Ill. Adm. Code 270.480 Gambling, Raffles, Prizes, Games of Chance, Intoxicating Beverages

a) The lessee will neither use nor permit to be used any games of chance or skill, raffles, selling tickets, taking donations or gambling devices unless approved by the Department. Unless specifically prohibited by the Department, requested activities that are not prohibited by Article 28 of the Criminal Code of 1961 [720 ILCS 5/Art. 28] shall be permitted. However, the lessee agrees to comply with Subpart J of this Part and with subsection (b) of this Section.

b) The lessee shall abide by the following requirements when permitted to solicit on the State Fairgrounds for prizes to be given through drawings:

1. The drawings and solicitation must be approved by the Department or a duly authorized representative and so stated on the contract. Approval of the drawing time, place and date will be based on the fact that there is no conflict with or detrimental effect on other events or exhibits.

2. The prizes shall be on display for the entire length of the contracted event.

3. The date and time of the drawing shall be advertised in advance so the participants and other interested persons may witness the drawing.

4. When requested by the public, the Department shall request the lessee who held the drawings to furnish to the Space Rental Office the name, address and telephone number of the winners.

c) The facility usage application shall state if any intoxicating beverages are to be present at the event. No intoxicating beverages shall be dispensed or consumed, unless in accordance with the Liquor Control Act of 1934.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.485 Non-Exclusivity (repealed)

History

• Source: Repealed at 21 Ill. Reg. 5530, effective April 22, 1997

8 Ill. Adm. Code 270.490 Lessee's General Standard of Conduct

a) Lessee shall comply with all rules of Subparts J, K, L, M and N of this Part.

b) Lessee shall refrain from engaging in any fraudulent activity, misrepresentations or illegal activity towards any patron or any officer, agent or employee of the Department, either in the procurement of a contract, in the use of any space or in the operation of any concession.

c) Lessee shall not give any false or materially misleading information on any contract application form.

d) Concessionaires shall maintain a healthy and safe concession by complying with all safety, food and beverage health laws with regard to the operation of any such concession as set forth in Sections 270.435, 270.515 and 270.540.

e) Lessee shall not prevent the exercise of rights and privileges of others granted under a valid contract with the Department.

f) Lessee shall make payment of any expenses or fees due upon demand by the Department.

g) Lessee shall restrict the use of any assigned space to the use designated in the application for space rental and the space rental contract.

h) No exhibitor, concessionaire or other person conducting similar activities shall be allowed on the premises of the State Fairgrounds or shall remain on the premises of the State Fairgrounds without a written contract between a proposed lessee and the Department.

i) Lessee and employees of the lessee shall abide by posted traffic rules.

History

• Source: Amended at 8 Ill. Reg. 6103, effective April 25, 1984

8 Ill. Adm. Code 270.495 Criteria for Grant of Privileges

The Director, or a duly authorized representative, reserves the right to determine for what purposes and to which individuals, groups, corporations or associations the facilities on the State Fairgrounds shall be rented or the privilege of a contract granted. In exercising this discretion, the Director shall consider one or more of the following factors in determining whether to grant any privilege or contract to a prospective lessee:

a) The availability of the physical plant or plants on the State Fairgrounds, taking into consideration the priority of preparation for the actual holding of the State Fair and the priority granted to long term tenants or users of the premises;

b) The physical limitations and availability of space when considered in conjunction with the proposed usage and number of participants, expected visitors or patrons to the event conducted by the lessee;

c) The security of both the physical premises and persons upon the premises of the State Fairgrounds;

d) The costs and expenses to the Department in hosting the event, including providing security for any operations of lessee;

e) Reasonably foreseeable problems with security caused by either the nature of the usage or the identity of the proposed lessee or his/her patrons;

f) A major consideration will be the potential profit to be derived after examination of revenues versus expenses by the Department, including any budgetary constraints on the Department;

g) The welfare of the general community;

h) The public service to the general community offered by the proposed usage.

i) The financial responsibility of the proposed lessee and his/her ability to provide any special requirements that may be necessary to insure the safe, healthy and efficient usage of the premises;

j) The legality of the proposed use of the premises;

k) Prior experience either with a specific lessee or a specific usage to the extent that prior experience illustrates a failure, refusal or inability of the proposed lessee to comply with this Part and/or the prior experience with a particular usage to the extent the usage results in violation of this Part or affects the general good and welfare of the Department;

l) The safety of the public and participants and of any equipment proposed to be used by lessee;

m) The reputation of the proposed lessee in the local community and/or in the service or trade community in which he/she does business.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.500 Waiver of Applicable Rules (repealed)

History

• Source: Repealed at 8 Ill. Reg. 6103, effective April 25, 1984

8 Ill. Adm. Code 270.505 Rate Schedules

a) For the State Fairgrounds at Springfield, all charges for the Non-Fair usage of the Grandstand, the Grandstand In-field, Multi-Purpose Arena, all areas including and adjacent to the one mile track and half mile track, the Coliseum and all other outdoor and non-building areas shall be subject to negotiation as to the fee for that area's use, and for other fees or expenses directly related to the use. In negotiating a contract for use of the foregoing areas, the Department shall consider, in its negotiations, the same factors that have been set forth in Section 270.495.

b) All contracted events that utilize members of trades staff shall be subject to current prevailing wage and prevailing overtime or weekend hourly rate at union scale.

c) All contracts for the use of any building shall be subject to a charge for over-time electrician charges, which sum shall be equal to the current and prevailing over-time or weekend hourly rate for electricians at union scale if those services are used.

d) The remaining buildings on the premises of the State Fairgrounds that may be rented shall be subject to the fee schedule for a daily fee rate as specified in the Space Rental Fee Schedule.

e) The Department may submit a bid to host Non-Fair events on the State Fairgrounds, at the discretion of the Director based upon the availability of the State Fairgrounds and fiscal impact to the Department.

f) All rentals of any buildings that may be rented or used, including all contracts for areas that are subject to negotiated contracts, shall be subject to Section 270.445.

g) All camping fees shall be as established in the Space Rental Fee Schedule.

h) All barn, stall and tack room rates and individual rentals shall be as established in the Space Rental Fee Schedule.

i) Any and all use of the premises not covered under this Subpart shall be subject to a negotiated written contract, which contract shall be subject to such terms and conditions as the Director or a duly authorized representative may direct.

j) For the State Fairgrounds at DuQuoin, the following permanent areas have established rates for rentals: Exhibition Building, Grandstand and Stage, Grandstand and Track, Southern Illinois Center, First Heat, Second Heat, Covered Barns, Show Arena, Show Horse Barn, Race Horse Barns, Pavilion Rentals, Bridge, Ashgrove Pavilion, SIU Dome, Labor Pavilion and Corral Pavilion. Additional fees for the half mile track area, parking lots or any other areas not defined or covered below are subject to negotiation for fees relating to that area by the Director or his/her designee.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.510 Limit on Duration of Contract

Date requests for future events will be accepted on a first-come, first-served basis, except priority for event dates shall be given to events held in previous calendar year (provided all contractual obligations were successfully fulfilled). No concession or exhibitor contract will be entered into in excess of one year from the date of the proposed usage. The Department reserves the right to enter into multiple year special agreements pursuant to a negotiated rate for concessions or exhibits.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.515 Liquefied Petroleum Gas

No liquefied petroleum gas installations will be allowed on the State Fairgrounds until the lessee has received approval from the State Fire Marshal (see 41 Ill. Adm. Code 200). This approval, in writing, must be placed on file in the Space Rental Office before the business will be allowed to open. No liquefied petroleum gas will be allowed in any State building at any time.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.520 Renter Rights (repealed)

History

• Source: Repealed at 8 Ill. Reg. 6103, effective April 25, 1984

8 Ill. Adm. Code 270.525 Contract

All concessions must have a current and valid contract with the Department. Concessionaires must have current and valid contracts with sub lessees. Any concession or concessionaire without a contract will be removed from the grounds, and any lessee shall maintain a copy of its written contract at all times as evidence of authority to use the facilities.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.530 Interests of the Public

The Department reserves the right to cancel any contract at any time, when in the opinion of the Department, further maintenance of the privilege therein granted is in contravention of any one or more of the standards set forth in Sections 270.490 and 270.495 of these regulations, and thus not in the best interests of the public and the Department.

8 Ill. Adm. Code 270.535 Liability

The Department shall not be responsible or liable for any loss of property or any damage or injury, whether personal injury, death or property damage done to any employees, agents or servants of the lessee during the period that the lessee is located upon the premises of the State Fairgrounds while engaged in the performance of the contract and lessee agrees to provide Workmen's Compensation Insurance as is required pursuant to the laws of the State of Illinois. Lessee agrees to defend at all times, indemnify, protect, save and hold harmless the Department against any claims or demands arising or resulting from the use by lessee of the space provided by the Department including without limitation the claim of any other person for damages for bodily injury, sickness, mental anguish or death and claims for damages to the property of any such employee, agent, patron or person.

History

• Source: Amended at 10 Ill. Reg. 20468, effective November 26, 1986

8 Ill. Adm. Code 270.540 Health Laws

All food and/or drink stands and concessions must be operated in compliance with the Illinois Food, Drug and Cosmetic Act [410 ILCS 620], the Sanitary Food Preparation Act [410 ILCS 650], and the rules relating to Food Service Sanitation (77 Ill. Adm. Code 750) enforced by the Illinois Department of Public Health. If a concession is closed by the Department of Public Health, the Department of Agriculture will not refund space concession fees.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.545 Rates

All contracts for the sale of food, drink or other concession items, as well as all horse tack concession contracts, shall be a negotiated contract with the Director or a duly authorized representative of the Department. In the negotiations of said contract, the Department shall consider the criteria set forth in Section 270.495.

History

• Source: Amended at 8 Ill. Reg. 6103, effective April 25, 1984

8 Ill. Adm. Code 270.550 Inspection

All concessionaires agree that the Director or a duly authorized representative of the Director has the right to examine cash receipts during and immediately after the operation of the concession.

History

• Source: Amended at 8 Ill. Reg. 6103, effective April 25, 1984

8 Ill. Adm. Code 270.555 Payment Due

Payment of the concession fee is due no later than 10 business days prior to the event. If the contracted event is responsible for the concession fee, the fee is due to the Department within 20 days after the invoice date.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.560 Who May Camp

a) Camping is permitted at any time, other than during an event that has leased the entire fairgrounds, on the State Fairgrounds at DuQuoin. When camping is permitted, pets are permitted only in campground areas on the State Fairgrounds at DuQuoin designated by the Division administrator or his or her designee.

b) Any property remaining in the camping area on the State Fairgrounds after a 5 day written notice by the Department demanding removal of a person and/or property shall constitute an abandonment, and give the Department the right of assignment and sale of all personal property to the Illinois Department of Agriculture without any additional consideration.

c) The Department shall operate a campground on the State Fairgrounds at Springfield throughout the calendar year with limited availability from November-March.

d) The campground at the State Fairgrounds at Springfield is open to the public; however, anyone participating or attending a Non-Fair event has first rights to the campground. The Department reserves the right to close the campground at the State Fairgrounds at Springfield for special events.

e) The Department has the right to implement a reservation system for Non-Fair events.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.565 Location

Overnight camping is allowed in camping areas as may be designated from time to time by the Department. Camping is restricted to designated areas only.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.570 Fee

The fee for overnight camping shall be as established in the Space Rental Fee Schedule and payable to the Illinois Department of Agriculture in advance.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.575 Camping Facilities

Water and sewer connections are available April 1-October 31. Electrical connections are available year round. Restrooms and shower facilities are also available in the camping areas.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.580 Permit

Persons wishing to camp overnight must obtain a camping permit that is issued upon payment of applicable fees. Camping permits shall be prominently displayed near the entrance to the living quarters or on the vehicles.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.585 Penalty

Any vehicle not in the proper location or not displaying a camping permit will be towed from the State Fairgrounds at the owner's expense.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.590 Extension Cords

No extension cords from barns, stalls and unauthorized poles to the camper will be allowed. Violators will be removed from the grounds.

8 Ill. Adm. Code 270.595 Eligibility

a) Eligibility to keep campers (motor homes, fifth wheels, trailers) on the State Fairgrounds shall be determined by the Director or a duly authorized representative on the basis of availability of allocated space for campers, proposed location of campers, security provided by persons being present with their property, and the quantity of horses being kept on the State Fairgrounds premises. Eligibility will only be granted to individuals training or racing standardbred horses on the State Fairgrounds at Springfield. Eligibility will only be granted to individuals training or racing thoroughbred or standardbred horses, quarter horses, or lead ponies on the State Fairgrounds at DuQuoin.

b) Exact location of campers will be determined by the Department and may be changed if the present location interferes with the long range use or Capital Development Plan for the State Fairgrounds, preparation therefor, or activities of other lessees.

c) Design and materials of skirting, fences, cabanas, porches, awnings, and car ports, either temporary or permanent, must be approved by the Department before installation or construction. The Department shall approve changes that are consistent with the long range operational and building use programs for the State Fairgrounds and the Department's duty to maintain the State Fairgrounds and preserve order. It is agreed that each occupant is required to keep his/her lot in a clean, neat, orderly condition at all times. All refuse, rubbish or garbage must be placed in sealed containers. No litter will be permitted. No activities that impose upon neighboring tenants will be tolerated. After 2 written notices regarding violation of this subsection, the tenant shall remove the trailer from the State Fairgrounds.

d) All persons desiring to maintain a camper on the State Fairgrounds shall be required to enter into a Backstretch Camping Agreement with the Department prior to arriving on the Illinois State Fairgrounds.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.600 Misconduct

Any misconduct on the leased site will result in the lessee's expulsion from the State Fairgrounds and will void any space rental agreement. Misconduct shall be deemed to mean failure to comply with or violation of any of the provisions of Section 270.490.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.605 Liability

a) The Department is not responsible for any accidents, loss, or damage to property, occupants, visitors or guests that might occur during the stay at the assigned campsite on the State Fairgrounds.

b) If there is any damage done to any State property as a result of any act or neglect by any person at the assigned campsite, the repair of all damage is the responsibility of the lessee without any expense to the Department.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.610 Rent and Rates for Other Services

The space rental and use fees for camping in the backstretch on the State Fairgrounds shall be $150 per month plus metered electric service payable to the Department.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.615 Payment Method

Payment by the lessee of the space rental and electricity charges for a camper is to be made within 30 calendar days after the invoice date on the State Fairgrounds at Springfield and within 10 calendar days after the invoice date on the State Fairgrounds at DuQuoin.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.620 Horse Stabling Space Rental and Rates

a) Space for stabling horses may be rented at the backstretch in the State Fairgrounds at Springfield, excluding the month of August. This exclusion applies regardless of provisions to the contrary in Section 270.370.

b) The space rental and use fees for hours stabled in the backstretch on the State Fairgrounds shall be $35 per month plus metered electric service and the contracted amount for manure removal payable to the Department.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.625 Rent Payable

a) Contract payments are payable to the Space Rental Office within 30 calendar days after the invoice date.

b) Any additions to the number of rented stalls or tack rooms during the period of any agreement will be charged as set forth in Section 270.620. Payment for additional stalls and tack rooms will be made within 30 calendar days after the invoice date for stall rentals and utilities.

c) The Department is not obligated to accept payment for additional stalls and tack rooms, and may refuse to renew the lease at the end of any month in accordance with Section 270.495. Lack of a lease is grounds for removal from assigned space and from the State Fairgrounds at Springfield in conformance with Article IX of the Code of Civil Procedure (Forcible Entry and Detainer) [735 ILCS 5/Art. IX], or other applicable laws of the State of Illinois.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.630 General Stabling Rules (non-Contractual Events)

No stall rentals shall be made for pleasure or show horses on the State Fairgrounds at DuQuoin. The provisions of this subsection shall not apply to standardbred, thoroughbred or racing quarter horses and lead ponies for which individual stall rentals shall be available. Pleasure or show horses shall mean all other horses not falling within the definition of standardbred, thoroughbred or racing quarter horses and lead ponies. General horse stabling locations will be determined by the Director.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.635 Reporting

Upon arrival, prospective lessee must report to the Space Rental Office for signing a contract and then will be directed to a Department representative who will assign them to a stall.

8 Ill. Adm. Code 270.640 Lessee Collection of Fees (repealed)

History

• Source: Repealed at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.645 Stall Use

Stalls are rented for the purpose of housing horses. Stalls used for other purposes (e.g., feed) will be subject to the same rates charged for stalls used as tack rooms as established in Section 270.620.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.650 Restriction to Assigned Space

The movement of animals and/or tack from one stall to another is prohibited. Violation of this restriction is grounds for removal of lessee from the premises by the Department.

History

• Source: Amended at 8 Ill. Reg. 6103, effective April 25, 1984

8 Ill. Adm. Code 270.655 Trailer Storage

Horse trailers will be stored in an area designated by the Department.

8 Ill. Adm. Code 270.660 Inspection

Barns must be OPEN for inspection at all times and the Department reserves the right to terminate the contract of any lessee who does not clean his stalls and aisle-ways. One written warning will be given by the Department for untidy stalls and aisle-ways. The second offense will mean termination of the contract and removal from the State Fairgrounds.

History

• Source: Amended at 10 Ill. Reg. 20468, effective November 26, 1986

8 Ill. Adm. Code 270.665 Restrictions

a) All sleeping, cooking, smoking or residing in the horse/cattle barns and stall areas located on the State Fairgrounds is prohibited. This policy will apply to horse owners, trainers, grooms, assistants, friends, relatives and strangers. Failure to comply with this Section is grounds for immediate removal from the State Fairgrounds. The only quarters acceptable for housing will be those campers that are located in an area designated for campers or camping and for which the lessees are current with the payment of their Backstretch Camping Agreement.

b) Storing of sawdust, straw, feed or any other material will not be permitted in the aisle of any barn. Blockage of aisles with tack or carts will not be permitted.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.670 Quarantine Provisions

Once it has become known to the Department that any equine present on the State Fairgrounds are infected or suspected of being infected with any contagious or infectious disease or contaminated with any chemical or radiological substance, the Department shall have the authority to quarantine and cause proper examination to be made of the suspected equine. All infected or suspected equine shall be isolated in the Quarantine Barn designated by the Department.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.675 Dogs

Dogs must be kept on a leash at all times. Dogs on a leash must be tied in such a manner to allow safe clearance for passersby in all center aisles. Unleashed dogs are not allowed on the State Fairgrounds. Any repeated violation of this rule by the lessee or anyone in his charge will be cause for termination of any contract.

History

• Source: Amended at 10 Ill. Reg. 20468, effective November 26, 1986

8 Ill. Adm. Code 270.680 General Misconduct

Any misconduct on the part of the owner, trainer, groom or guest in violation of these rules or any provision contained in Section 270.490 of these rules will result in the removal from the Fairgrounds of such person and property.

8 Ill. Adm. Code 270.685 Track Usage

The use of the tracks is not a guaranteed condition of the Backstretch Barn and Stall Rental Agreement or any other contract. The Department reserves the right to close the track at certain times throughout the year. The Department will make every effort to keep all facilities in usable condition. Only horses in the backstretch area will be permitted to use the mile track or the cinder half mile track. Riding or leading horses on streets, except in route to a practice area, is prohibited. Only authorized vehicles shall be permitted on the track. Vehicles operated by non-Department personnel must obtain permission from the Department, or a duly authorized Department representative, to operate a vehicle on the track. Unauthorized vehicles on the track will be cause for cancellation of a contract or lease.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

8 Ill. Adm. Code 270.690 Restrictions on Barn Use

a) All horses stabled on the State Fairgrounds at Springfield shall be removed by July 1 preceding that year's Illinois State Fair. The removal of horses shall take place in order to use rodenticides and pesticides and to make repairs in preparation for that year's Illinois State Fair. One week's notice will be given to vacate the barns for Illinois State Fair preparation purposes. Also, the Department may close any barn at any time and resettle lessees in similar facilities at the Department's discretion when barn closure is required for maintenance or when the barns are required for special contractual events or uses.

b) All horses stabled on the State Fairgrounds at DuQuoin may be moved to another area or removed from the fairgrounds prior the DuQuoin State Fair as determined by the Director or his or her designee.

History

• Source: Amended at 35 Ill. Reg. 19143, effective December 1, 2011

Subchapter k Grain

Part 281 Grain Code

8 Ill. Adm. Code 281.5 Purpose

This Part provides regulations for the implementation and operation of the Grain Code. The Code and this Part shall be liberally construed and liberally administered in favor of claimants as defined in Section 1-10 of the Code. It is the explicit finding of the legislature that the grain industry in Illinois comprises a significant and vital part of the State's economy and that the purpose of the Code is to provide for a single system of governmental regulation of the Illinois grain industry. [240 ILCS 40/1-5]

History

• Source: Added at 33 Ill. Reg. 1647, effective January 16, 2009

8 Ill. Adm. Code 281.7 Definitions

"Central Filing System" or "CFS" means an electronic system operated and maintained by a provider where information relating to warehouse receipts, electronic price later contracts and other electronic documents is recorded and maintained in a confidential and secure fashion independent of any outside influence or bias in action or appearance, and that is authorized by the Director.

"Code" means the Grain Code [240 ILCS 40].

"Department" means the Illinois Department of Agriculture.

"Director" means the Illinois Director of Agriculture, or the Director's designee.

"Electronic Document" means a document that is generated, sent, received, or stored by electrical, digital, magnetic, optical electromagnetic, or any other similar means, including, but not limited to, electronic data interchange, electronic mail, telegram, telex, or telecopy.

"Electronic Price Later Contract" or "EPLC" means a price later contract that is issued, transmitted, and stored in the form of an electronic document.

"Electronic record" means a record created, generated, sent, communicated, received, maintained, or stored by electronic means as set forth in the Uniform Electronic Transactions Act [815 ILCS 833/2].

"Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record as defined in the Uniform Electronic Transactions Act [815 ILCS 833/2].

"Electronic Warehouse Receipt" or "EWR" means a warehouse receipt that is issued or transmitted in the form of an electronic document.

"FSA" means Farm Service Agency under the United States Department of Agriculture.

"Holder", with respect to an electronic warehouse receipt or any other electronic document, means a person in possession in fact or by operation of law.

"Licensee" means a grain dealer or warehouseman who is licensed by the Department and a federal warehouseman that is a participant in the Illinois Grain Insurance Fund.

"OSFM" means the Office of the State Fire Marshal of Illinois.

"Price Later Contract" means a contract, in written or electronic form, for the sale of grain whereby any part of the purchase price may be established by the seller after delivery of the grain to a grain dealer according to the pricing formula contained in the contract. Title to the grain passes to the grain dealer at the time of delivery. The precise form and the general terms and conditions of the contract shall be established by rule.

"Provider" means a disinterested third party that maintains one or more confidential and secure electronic systems independent of any outside interference or bias in action or appearance and that is authorized by the Director to be a provider.

"Provider Agreement" means the document and any amendment or addenda to an agreement executed by the provider and FSA or USDA pursuant to 7 CFR 735 that sets forth the provider's responsibilities concerning the provider's operation or maintenance of a CFS.

"Security procedure" means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures as defined in the Uniform Electronic Transactions Act [815 ILCS 333/2].

"USDA" means United States Department of Agriculture.

"User" means an entity that uses a provider's CFS.

"Warehouse" means a building, structure, or enclosure in which grain is stored for the public for compensation, whether grain of different owners is commingled or whether identity of different lots of grain is preserved.

"Warehouse Receipt" means a receipt for the storage of grain issued by a warehouseman. [240 ILCS 40/1-10]

History

• Source: Amended at 47 Ill. Reg. 5939, effective April 12, 2023

8 Ill. Adm. Code 281.10 Right of Examination, Working Conditions and Examination Levels

a) Right of Examination and Working Conditions

1. The licensee shall permit the Department to examine all warehouse facilities, records or inventory without prior notice. The licensee shall provide reasonable access to records at the location where records are maintained, or, if the records are located outside the State of Illinois, the Department may require that the records be brought to a specified location in Illinois for review by the Department. The licensee shall provide reasonable assistance as requested to perform the examination. The licensee shall reasonably remove risks or hazards that may be encountered during an examination. The licensee shall provide the necessary assistance to any authorized representative of the Department for the safe measurement and sampling of the grain inventory.

2. The licensee shall provide an acceptable work place at the location where the master books and records are maintained in order to allow any authorized representative of the Department to perform an examination.

b) Examination Levels

Pursuant to Section 1-15(2) of the Code, the Department shall examine and inspect each licensee at least once each calendar year. The Department shall perform one of three types of examination of licensees: basic examination; intermediate examination; or advanced examination. In ascertaining the level of risk present in a licensee's merchandising and trade practices, as part of the Department's determination as to which level of examination should be appropriate to a particular licensee, the Department may take into account such factors as the level of sophistication and experience of the licensee's merchandising personnel; the overall financial resources of the licensee, as an indication of ability to absorb and assume risk; the historical experience of the licensee with regard to the particular merchandising and trade practices being used; and the extent of the use of certain practices as a proportion of all merchandising and trading practices of the licensee.

1. The basic examination shall be performed when the licensee's merchandising and trade practices involve minimal market risk, including cash back-to-back contracts, traditional hedges with the Chicago Board of Trade and price later contracts.

2. The intermediate examination shall include all of those matters done as part of the basic examination and shall be performed when there is an increased amount of risk, including situations in which the licensee uses guaranteed minimum price contracts, purchases options or writes options.

3. The advanced examination shall include all those matters done as part of the intermediate examination and shall be performed when the licensee's merchandising and grain practices involve the most risk, including when the licensee has discretionary trading authority from producers, uses premium offer type contracts, or has contracts with producers that cover multiple crop years. The advanced examination shall include grain market risk evaluation, appropriate levels of risk for the licensee and adequacy of internal controls.

c) Examinations may include, but are not limited to, the following:

1. Verification of grain quality and quantity;

2. Reconciliation of records of grain transactions, including, but not limited to, random selection of a sample of customer accounts and mailing of confirmations to verify accuracy of those records;

3. Computation of current ratios as provided in the Code;

4. Checking of posting procedures for accuracy;

5. Grain market risk evaluation and appropriate levels of risk for the licensee;

6. Examination of the most recent monthly financial statements of the licensee;

7. Review and evaluation of the internal recordkeeping systems and controls of the licensee;

8. Evaluation of the long/short market risk report for accuracy, complete accounting and full disclosure;

9. Random spot checks and examination of specific contract information for each type of contracting method used by the licensee; and

10. Market risk information reported by the licensee, at the commencement of the examination, on a form prescribed by the Department. The prescribed form shall include, but is not limited to:

A) Names of key personnel and/or business associates related to grain merchandising transactions;

B) Marketing programs offered; and

C) Types of contracts.

History

• Source: Amended at 33 Ill. Reg. 1647, effective January 16, 2009

8 Ill. Adm. Code 281.20 Licensing: Application, Fees and Financial Ratios

a) Form and Content of Application

All applications for a license shall be filed on forms provided by the Department. The application shall be signed by the applicant and shall include the following information, without limitation:

1. Whether the applicant is a corporation, cooperative, partnership, individual or other business entity;

2. The general manager's name and home address;

3. The name and home address of the persons responsible for grain operations at each location;

4. The names and home addresses of management, principal officers and members of the Board of Directors of the licensee;

5. The current business address of the licensee;

6. If the applicant has been engaged in the business as a grain dealer:

A) for one year or more, the aggregate dollar amount paid to producers for grain during the applicant's last completed fiscal year; or

B) for less than one year, or has not engaged in the business of buying grain from producers, the estimated aggregate dollar amount to be paid by the applicant to producers for grain purchased from producers during the applicant's first fiscal year;

7. A summary of company-owned grain inventory, grain assets and payables, related party receivables and payables, net position and grain profits; and

8. The criminal history of management and principal officers of the applicant or licensee.

b) Grain Dealer Certificate Fee

The fee for a certificate of a grain dealer's license shall be $25.

c) Criteria for Licenses and Certificates

1. A grain dealer's license or a location certificate for a grain dealer's license is required for each individual address at which any of the following applies:

A) Grain is received from producers and weighed across scales that are under the licensee's control.

B) Contracts are negotiated and executed for the purchase of grain.

C) Settlement or payment is made for grain purchased from Illinois producers.

D) Records relating to any of these transactions are maintained.

2. A grain warehouse license is required for each individual address at which either of the following applies:

A) Grain is received from depositors for storage and weighed across a scale.

B) Warehouse receipts are issued or grain storage records are maintained.

3. A truck owned or leased and used for the purpose of receiving or transporting grain by a grain dealer is required to carry a certificate showing that a grain dealer's license is held by the owner or lessee. The fee for a certificate carried in a truck or tractor trailer unit used in connection with the licensee's grain dealer business shall be $25. A truck hired by the grain dealer to haul grain is exempt from the certificate requirement.

4. Multiple Warehouse Locations

A common license may be issued for the operation of two or more warehouse facilities if the warehouseman operates each warehouse in conjunction with the other, all functioning under the same name, located in the same geographical area, operating out of a principal office, keeping the same set of records and having the same management.

d) Filing for Extensions

1. The application for extension and a preliminary financial statement must be received by the Department prior to the close of business on the date of expiration of the current license.

2. The preliminary financial statement must:

A) consist of a balance sheet and be compiled by an independent certified public accountant licensed under Illinois law or an entity permitted to engage in the practice of public accounting under Section 14(b)(3) of the Illinois Public Accounting Act [225 ILCS 450]; or

B) in the case of a Class II Warehouseman or incidental grain dealer, be reviewed by an independent accountant that meets the requirements of Section 5-25(b) of the Code.

3. If the licensee is also a warehouseman, the applicant must also submit a summary of the applicant's grain inventory and storage obligations.

4. The Department must be satisfied that the applicant meets all renewal requirements (see Section 5-25 of the Code) no later than the date the extension expires.

5. The applicant shall be required to provide an explanation as to why the extension is needed.

6. An extension will be granted by the Department for a period of time not to exceed 30 days if the Department determines that the applicant appears to have complied with the financial requirements of Section 5-25(b) of the Code.

e) Class II/Incidental Financial Statement Form

The Department shall request that an applicant for an incidental grain dealer or Class II warehouse license submit a financial statement on a form prescribed by the Department or a compiled financial statement consisting of an income statement and balance sheet completed by an independent accountant.

f) Reduction of Filing Period for License Renewal

When the Department determines that an applicant has failed to meet the financial requirements of Section 5-25(b) of the Code, the Department shall reduce the filing period for an application for renewal of a license to no less than 60 days after the licensee's fiscal year end. The Department must give written notice of the reduced filing period to the licensee at least 60 days before the earlier deadline imposed by the Department to file the application for renewal of a license.

g) Liquid assets shall include accrued storage, drying and price later service charges.

History

• Source: Amended at 33 Ill. Reg. 1647, effective January 16, 2009

Chapter I Department of Agriculture

Subchapter k Grain

Part 281 Grain Code

8 Ill. Adm. Code 281.30 Required Insurance

a) Before a license shall be issued to the applicant or the licensed storage capacity is increased, the applicant/licensee shall file with the Department a certificate of insurance on a form prescribed by the Department, which shall indicate that the licensee has adequate property insurance covering grain in its possession or custody and adequate liability, property, theft, hazard and workers' compensation insurance and that the licensee is the named beneficiary on the policy.

b) The legal name and address of the licensee and location of each warehouse in the insurance policy shall correspond with the information given in the application.

History

• Source: Amended at 33 Ill. Reg. 1647, effective January 16, 2009

8 Ill. Adm. Code 281.40 Required Records

a) Daily Position Record

1. A daily position record means a written or electronic document that is maintained on a daily basis for each commodity. Postings for each day shall reflect actual changes in inventory for that business day. The daily position record shall provide for a separate accounting for the following:

A) Summary stock record showing total bushel amount of grain received, grain loaded out of the warehouse, adjustments, total grain inventory in the warehouse, redeposited grain and total of the grain inventory in the warehouse plus redeposited grain.

B) Negotiable warehouse receipts obligations, total bushels covered by receipts issued and total bushels covered by receipts cancelled.

C) Non-negotiable warehouse receipts obligations, total bushels covered by receipts issued and total bushels covered by receipts cancelled.

D) Non-receipted storage obligations including total bushel increases and total bushel decreases.

E) Non-receipted company owned grain.

F) Inventory bushel adjustments to the daily position record as set forth in subsection (a)(2).

2. Warehousemen may make adjustments to their inventory as long as documentation is available to substantiate the following types of adjustments:

A) Adjustments to shrink calculations;

B) Adjustments for error correction;

C) Adjustments based upon certified public accountant inventories;

D) Adjustments based upon weighed inventories.

3. Licensees must maintain a master daily position record combining all locations, inventory and storage obligations in the case of multiple locations.

4. Actual grain inventories must at all times be in balance with the summary stock quantity as indicated in the daily position record.

b) Long/Short Position Record

Each grain dealer shall maintain a master long/short risk position record, as either a written or electronic document, that combines all marketing activity of all locations each business day. The risk position record shall at a minimum contain the net position; grain owned; grain sold and shipped on price later contracts that have not been priced; open cash purchase contracts, including purchase contracts issued and purchase contracts cancelled; all futures purchased or sold; grain in transit not sold; grain owned and stored in other grain warehouses; grain purchased and received on price later contracts that have not been priced; open cash sales contracts, including sales contracts issued and sales contracts cancelled; and any options purchased or sold. The position record shall also contain a comments section. The grain dealer shall note in the comments section any actions taken to regain a balanced position as required in Section 10-10 of the Code. The comments shall, at a minimum, indicate bushel amounts, name of buyer/seller/broker and approximate times of transactions.

c) Scale Tickets

1. Scale tickets shall be pre-numbered by an independent printer, or, in the case of computer generated scale tickets, numbered consecutively by the computer recordkeeping system.

2. Scale tickets shall be issued in numerical sequence. All scale tickets must be accounted for numerically either by paper or electronic documentation. A separate series of scale tickets shall be used for each location that has scales under the licensee's control over which grain is received.

d) Cross-reference

All accounts and records relating to grain operations are to be properly cross-referenced. An adequate system of cross-reference shall exist beginning at the time of delivery, clearly indicating the current status of the grain and changes in that status, and indicating the final disposition of the grain.

e) Settlement and/or Receiving Sheets

Settlement and/or receiving sheets shall either be pre-numbered by an independent printer or, in the case of computer generated sheets, numbered consecutively by the computer recordkeeping system. The licensee shall use settlement and/or receiving sheets in numerical sequence and account for all settlement and/or receiving sheets either by paper or electronic documentation. Settlement and/or receiving sheets shall contain evidence of the method of settlement, such as check number, warehouse receipt number, or other evidence of settlement. Settlement and/or receiving sheets, both open and closed, shall be filed in a manner to be readily available for examination purposes, such as alphabetical or numerical. If price later contracts are used, the settlement/receiving sheets shall clearly indicate the price later contract numbers against which grain is to be applied.

f) Safeguarding and Retention of Records

The licensee shall provide a secure place at each licensed location and at the principal office for storage of all records pertaining to the operation of the licensee. The records shall be kept current and made available for inspection by Department personnel at the principal office of the licensee and at each licensed location. The records shall be retained by the licensee for a period of not less than 2 years from the closing date of any transaction.

g) Grain Inventory Accountability Report

A grain inventory accountability report means a written or electronic document that is maintained monthly for each commodity with an option to forgo one month’s measurement per calendar year. In addition to that option, a licensee may also submit a written request to the Department for a waiver setting forth its justification for being unable to complete the monthly grain inventory accountability report. The Department may grant a waiver, at its discretion, for good cause shown. Good causes are those that may jeopardize the health or safety of the licensee's employees, including acts of nature. The monthly grain inventory accountability report shall provide for a separate accounting for the following:

1. The total grain inventory contained within each licensed storage structure.

2. The bin worksheets signed by the individual who collected the data provided on the bin worksheets.

3. The inventory calculations derived from the data provided in the bin worksheets.

4. A monthly comparison of the total grain inventory accountability report of each commodity to the daily position record of total stock of that same commodity.

History

• Source: Amended at 47 Ill. Reg. 5939, effective April 12, 2023

8 Ill. Adm. Code 281.50 Price Later Contracts

a) Prescribed Form

A price later contract executed between a licensee and a producer shall be on a prescribed form that has been approved by the Department. A licensee may issue a price later contract by way of a written price later contract document, an EPLC, or both. All price later contracts shall include, but need not be limited to, the following information:

1. The legal name and address of the licensee;

2. The legal name of the seller;

3. The bushel amount of grain to be covered by the contract;

4. The grade and commodity of grain to be covered by the contract;

5. The dates of delivery of the grain to be covered by the contract;

6. The method of pricing;

7. A section to indicate service charges, advances or other terms;

8. The following statements:

A) Title to the grain covered by this contract passes to buyer at the time of delivery.

B) Buyer is required to maintain grain assets and price later, storage and drying service charges equal to 90% of its price later obligations.

C) Price later grain is not stored grain for the seller. In the event of a failure, the contract is the basis for a grain dealer claim. The maximum coverage afforded by the Illinois Grain Insurance Fund is 85% of valid grain dealer claim amounts up to a maximum of $250,000 per claimant. The maximum payment per claimant covers all contracts that in any way can be related or tied to a person or entity, whether in full or in part.

D) This contract shall cease to be the basis of a valid claim, and seller shall not be entitled to any recovery:

i) When both the date of completion of delivery and the date of pricing of the grain are in excess of 160 days before the date of failure;

ii) If the later of the date of execution of the contract or the date of delivery of the grain covered by the price later contract occurred more than 365 days before the date of failure (The phrase "the later of the date" means the date closest to the date of failure, and the phrase "date of delivery" means the date of the last delivery of grain to be applied to the quantity requirement of the price later contract.);

iii) If the claim is based upon or acquired by fraudulent or illegal acts of the seller.

E) The execution of subsequent price later contracts for the grain previously covered by a price later contract shall not extend coverage of a claim beyond the original 365 days.

F) The contract must be signed by both parties within 30 days after the last date of delivery or, if an EPLC is used, the EPLC must be maintained as an electronic record containing electronic signatures and security procedures for both parties within 30 days after the last date of delivery. If the contract is not signed by both parties within 30 days after the last date of delivery or if the EPLC is not maintained as an electronic record containing electronic signatures and security procedures for both parties within 30 days after the last date of delivery, then the grain will be priced at the market price of the grain at the close of the next business day after the 29th day.

G) Within 5 business days after the seller selects a price for all or any part of the grain represented by the price later contract, the buyer shall settle and mail to the seller full settlement for the priced grain;

9. A section indicating the signature, electronic or otherwise, and date of signature for both the seller and buyer's representative;

10. The contract shall contain a schedule of settlements and basis activity for the grain to be covered by the contract.

b) Electronic Price Later Contracts

1. An EPLC issued in accordance with the Code and this Part shall not be denied legal effect, validity, or enforceability on the grounds that the information is generated, sent, received or stored by electronic or similar means.

2. If a grain dealer licensed under the Code elects to issue EPLCs and the producer prefers a written price later contact, the grain dealer shall cancel the EPLC and reissue a written price later contract. The reissuance of a price later contract does not extend the coverage afforded by the Illinois Grain Insurance Fund.

c) Issuance

1. A price later contract shall be written or in electronic format and shall be issued by a person authorized by the Department to issue those contracts. The Department shall authorize persons to issue price later contracts if they are issued in accordance with the Code and this Part and if they have registered in accordance with Section 10-15 of the Code.

A) All price later contracts shall be:

i) Issued only for licensees.

ii) Numbered consecutively either at the time of printing or through the control of a computer generated system.

B) A complete record of contracts issued shall be retained for 6 years, showing for whom issued, the number issued, and the consecutive numbers that were issued on the contracts.

2. Authorized printers shall notify the Department of the number of price later contracts printed, when they were printed, for whom they were printed and the consecutive numbers printed on the contracts.

d) Separate Series

Each location at which price later contracts are issued shall have its own identifiable series of price later contracts.

e) Requirements for Use of Price Later Contracts

1. Only one commodity per contract.

2. The bushel quantity of a price later contract shall not be increased.

3. Price later contracts are to be executed with the original copy or EPLC maintained by the dealer and a copy available to the seller, if requested.

4. Unless issued by EPLCs, the dealer shall maintain the updated and signed contracts in numerical order.

5. No storage charges shall be made with respect to any commodity purchased by price later. A service charge may be assessed.

6. If issued by written price later contract, a rollover shall be documented with the initials of both parties and dated by both parties. If by EPLC, a rollover shall be documented by electronic signature and security procedure on the contract.

7. Grain assets included in the assets required to meet 90% of outstanding price later obligations do not have to be commodity specific.

f) Pre-delivery Price Later

When a price later contract is used as a pre-delivery contract, the original bushel amount shall be adjusted down to reflect the actual amount of grain delivered against the contract.

History

• Source: Amended at 47 Ill. Reg. 5939, effective April 12, 2023

8 Ill. Adm. Code 281.60 Warehouse Receipts

a) Warehouse Receipt Forms

Warehouse receipts shall be either a written or an electronic document and must comply with the requirements of Article 7 of the Uniform Commercial Code, except to the extent inconsistent with the Code, in which instance the provisions of the Code prevail. A licensee may issue warehouse receipts by use of a written warehouse receipt system, an electronic warehouse receipt system, or both.

1. Paper warehouse receipts shall include the following information:

A) Class of warehouse (I or II).

B) The legal name of the entity operating the warehouse.

C) If a license covers multiple locations, at which location delivery was made and date of delivery.

D) The kind and the grade factors of the grain as prescribed by the Official Grain Standards (7 CFR 810, January 2007).

E) The number of bushels stored.

F) The words "Negotiable" or "Non-negotiable" according to the nature of the receipt, conspicuously printed or stamped on the receipt.

2. Electronic Warehouse Receipts (EWR)

A) An EWR must be in the format prescribed in the applicable provider agreement.

B) An EWR issued in accordance with the Code shall not be denied legal effect, validity, or enforceability on the grounds that the information is generated, sent, received or stored by electronic or similar means.

C) A warehouseman shall not be required to issue a warehouse receipt in electronic form.

D) If a warehouseman licensed under the Code elects to issue EWRs, and if the depositor or other holder prefers a paper receipt, the warehouseman shall cancel the EWR and reissue a paper receipt.

E) A warehouseman intending to issue or issuing EWRs under the Code shall:

i) issue an EWR through only one authorized provider annually;

ii) inform the Department of the identity of its provider 60 calendar days in advance of first issuing an EWR through that provider. The Department may waive or modify this 60-day requirement;

iii) before issuing an EWR, request and receive from FSA or the Department a range of consecutive warehouse receipt numbers that the warehouseman will use consecutively for issuing their EWRs;

iv) cancel an EWR only when it is the holder of the EWR;

v) receive written authorization from FSA at least 30 calendar days before changing providers. Upon authorization, a warehouseman may request its current provider to transfer, and that provider shall transfer, its EWR data from the current provider's CFS to the CFS of the authorized provider it selects;

vi) notify all holders of EWRs in the CFS at least 30 calendar days before changing providers, unless otherwise allowed or required by FSA; and

vii) For purposes of subsection (a)(2)(E)(iv), the warehouseman is considered a "holder" solely for the purpose of canceling an electronic warehouse receipt on the electronic warehouse receipt system and the warehouseman shall in no way be considered the owner of the grain that was covered by the cancelled electronic warehouse receipt, absent evidence of sale of that grain to the warehouseman.

F) EWR Rights and Obligations

An EWR establishes the same rights and obligations with respect to an agricultural product as a paper warehouse receipt and possesses the following attributes:

i) The holder of an EWR will be entitled to the same rights and privileges as the holders of a paper warehouse receipt.

ii) Only the current holder of the EWR may transfer the EWR to a new holder.

iii) The identity of the holder must be kept confidential by the provider.

iv) Only one person may be designated as the holder of an EWR at any one time.

v) A warehouse operator may not issue an EWR on a specific identity-preserved or commingled lot of grain or any portion thereof while another valid warehouse receipt representing the same specific identity-preserved or commingled lot of grain remains not cancelled. No two warehouse receipts issued by a warehouseman may have the same warehouse receipt number or represent the same lot of grain.

vi) Holders and warehousemen may authorize any other user of their provider to act on their behalf with respect to their activities with this provider. This authorization must be in writing and acknowledged and retained by the warehouseman and provider.

b) Printing

1. Warehouse receipts, other than EWRs, shall be printed by a person authorized to print those receipts by the Department. The Department shall authorize persons to print warehouse receipts if they are printed in accordance with the Code and this Part and if they have registered in accordance with Section 10-25 of the Code. All warehouse receipts shall be:

A) Printed only for licensees.

B) Numbered consecutively either at the time of printing or through the control of a computer generated system, and the numbers shall not be duplicated.

C) A complete record of receipts printed shall be retained by the printer for 5 years, showing for whom printed, the number printed, and the consecutive numbers that were printed on the receipts.

2. A duplicate copy of any invoice rendered for printing warehouse receipts shall be forwarded by the printer to the Department at the same time as billing is made to the warehouseman. The invoice shall show for whom printed, the consecutive numbers that were printed on the receipts, type of receipt (whether negotiable or non-negotiable), and number of receipts printed.

c) Paper Warehouse Receipts as Collateral

1. Warehousemen issuing negotiable warehouse receipts for collateral purposes shall properly endorse those receipts on the reverse to the secured party.

2. The warehouseman's obligation represented by an outstanding warehouse receipt endorsed for collateral purposes shall not be cancelled until the warehouseman has the outstanding receipt back in its possession and it has been properly cancelled. The warehouseman may cancel the outstanding obligation represented by a warehouse receipt in lieu of having the actual receipt in its possession, provided that the secured party has presented the warehouseman with a written confirmation of release of the warehouse receipt. The confirmation shall at a minimum contain the date of release, the receipt numbers and the signature of the secured party warehouse receipt holder. The confirmation shall be provided by written or electronic documentation.

d) Electronic Warehouse Receipts as Collateral

1. Warehousemen issuing a negotiable EWR for collateral purposes shall properly endorse the receipt to the secured party.

2. The warehousemen's obligation represented by an outstanding EWR shall be cancelled upon transfer by the holder.

e) Issuance and Cancellation of Paper Warehouse Receipts

1. A negotiable or non-negotiable warehouse receipt shall be issued by the warehouseman to the depositor, on demand by the depositor, for grain delivered into storage. When no warehouse receipt was originally issued to the depositor, except for grain bank accounts, the warehouseman shall issue a warehouse receipt on the stored grain prior to the next harvest season. In the case of a Class II warehouseman, only non-negotiable warehouse receipts shall be issued.

2. On the date that a printed warehouse receipt is cancelled, the receipt shall be plainly marked across its face with the word "cancelled". The cancelled receipt shall also be marked with the date and the name of the person cancelling the receipt, the means by which the receipt was cancelled (i.e., check number, monetary wire transfer or delivery from storage) and shall thereafter be void. The daily position record shall accurately reflect the date of cancellation of all warehouse receipts.

f) Numbering of Receipts

If warehouse receipts are to be issued from multiple locations or for specific commodities, the warehousemen shall maintain separate numerical series of warehouse receipts for each location or commodity. The receipts must have an 8 digit number with the first (leftmost) digit being a numeric prefix to indicate the specific location or commodity.

History

• Source: Amended at 33 Ill. Reg. 1647, effective January 16, 2009

8 Ill. Adm. Code 281.65 Electronic Document Providers

a) Electronic document provider systems must allow for electronic data interface with Department computer systems to electronically transfer warehouse receipts, EPLCs, and/or other electronic document information for examination purposes.

b) Providers who operate and maintain a CFS in reference to electronic documents, including EWRs, must meet all USDA requirements pursuant to 7 CFR 735 (2008) and must maintain USDA-approved provider status to be eligible as a provider for licensees. In order to be authorized by the Director, providers must also:

1. register with the Department and pay an annual registration fee of $100;

2. provide all documentation requested by the Department to confirm that the warehouse receipt provider is a USDA-approved provider in good standing;

3. maintain and retain a complete record of EWRs and EPLCs for 6 years, showing for whom issued, the number issued and the consecutive numbers that were issued on the EWRs and EPLCs;

4. immediately notify the Department of any instance in which the provider is required to notify the USDA or a user of any breach of security or confidentiality concerning data, loss of operations, cancellation of insurance or other compromise, disruption or infringement of its operations;

5. maintain adequate levels of insurance and name the Director as an additional insured;

6. be authorized to transact business in the State of Illinois;

7. consent to jurisdiction in the State of Illinois and venue in Sangamon County;

8. maintain records, make reports and provide to the Department the documentation, records and reports requested by the Director, free of charge to the Department; and

9. comply in all respects with Illinois law, including but not limited to the Code and this Part.

c) A provider shall submit to the Department copies of its current schedule of charges and rates for services before they are to become effective. A provider shall also submit to the Department 60 calendar days notice of its intent to change rates.

d) A provider shall submit to the Department advance notice of any changes to or new agreements with users.

e) Any person authorized by the Director to issue EWRs, EPLCs, or other electronic documents shall maintain records and make reports requested by the Director.

f) A provider's ability to issue EWRs is contingent on approval by FSA, and suspension or termination by FSA of the provider is an automatic suspension or termination of the authority granted by the Department for the provider to operate in the State of Illinois. A provider shall be required to immediately notify the Department of any suspension or termination of approval as a provider by FSA.

g) After providing notice and opportunity for hearing in accordance with 8 Ill. Adm. Code 1, the Director may suspend authorization for a provider for a material violation of, or failure to comply with, any provision of the Code (including any regulations promulgated under the Code); failure to perform authorized services in an acceptable manner; failure to maintain security of the CFS; or commission of fraud against the Department, FSA or any depositor.

History

• Source: Amended at 47 Ill. Reg. 5939, effective April 12, 2023

8 Ill. Adm. Code 281.70 Types of Storage

a) Application to Amend Licensed Storage Capacity (Permanent, Temporary and Emergency)

1. Prior to increasing any type of storage capacity, or decreasing permanent storage capacity, the licensee shall submit an application to amend the licensed storage capacity and provide the following information:

A) The licensee's legal name and business address;

B) Description of each storage structure that is being added to, or removed from, the licensed storage capacity;

C) The storage capacity of each warehouse structure proposed to be added or deleted;

D) A certificate indicating that insurance coverage has been obtained on all space added to the licensed storage capacity; and

E) A filing fee of $100.

2. It is not necessary to submit an application or filing fee to decrease approved temporary or emergency storage requests that expire within a specified period.

b) Permanent Storage

The Department shall issue a license for permanent storage capacity or approve the application to amend the licensed permanent storage capacity of a licensee if all of the licensing requirements to obtain, maintain or amend a license as set forth in the Code and this Part have been met, and if the warehouse meets the following requirements:

1. The grain storage structures are owned or leased by the applicant/warehouseman.

2. Grain is protected from weather elements (i.e., a floor of concrete, asphalt, wood or metal or a material having similar structural qualities).

3. Each grain storage structure is covered by a permanent, waterproof roof.

4. The grain storage structure has rigid sidewalls (e.g., concrete, wood or metal or a material having similar structural qualities).

5. All grain storage structures that are connected by legs, pipes, belts or other fixed devices that transport grain are included in the licensed space.

c) Temporary Storage

1. Extensions of temporary storage approval may be granted by the Department provided:

A) The warehouseman demonstrates that there is good cause for an extension.

B) The request for extension is received at least 2 weeks in advance of the expiration date of the temporary storage approval.

2. Extensions for the use of temporary storage shall be granted in increments not to exceed 90 days.

d) Emergency Storage

1. The Department shall approve the use of emergency storage, provided the warehouseman demonstrates that an emergency exists.

2. Emergency storage is considered to be any storage that does not meet the criteria of permanent or temporary storage (i.e., uncovered ground piles, structures without rigid sidewalls, etc.).

3. Emergency storage approval shall not exceed 3 months. The length of approval shall be dependent on the ability of the warehouseman to maintain the quantity and quality of the grain in storage, considering weather conditions, exposure to weather elements, security, etc.

History

• Source: Amended at 33 Ill. Reg. 1647, effective January 16, 2009

Chapter I Department of Agriculture

Subchapter k Grain

Part 281 Grain Code

8 Ill. Adm. Code 281.80 Failure; Claims; Liquidation

a) In the event of a failure, notices shall be posted at all facilities of the licensee by the Department and at all office locations of the licensee. Notices shall contain the following information:

1. The name of the licensee, the grain warehouse license number and the grain dealer license number.

2. The effective date the license was terminated, suspended, revoked or surrendered, or renewal was denied.

3. The licensee has been ordered to cease and desist doing business as a licensed grain warehouseman and grain dealer in the State of Illinois.

4. Persons may contact the Illinois Department of Agriculture, Bureau of Warehouses, P.O. Box 19281, Springfield IL 62794-9281, (800)654-0082.

b) Liquidating Licensee

1. Procedure for Determining the Value of Grain on the Date of Failure.

The Department shall use an average of the cash bid prices, as solicited from grain dealers located within the market area of the failed licensee, and the actual cash bid that would have been offered by the failed licensee on the date of closing, for all grain stored or unpriced as indicated by the evidence of storage or sale of grain, less transportation, handling costs and discounts. The schedule of discounts (which include, but are not limited to, moisture; foreign material; test weight; heating; musty, sour or commercially objectionable foreign odor; heat damage; weevil damage; splits and damaged kernels) of the failed licensee shall be used by the Department to determine discounts to be assessed against the valid claimant. For all grain delivered, sold and priced prior to the date of failure, the price per bushel shall be agreed upon by the failed licensee and the claimant.

2. Procedure for the Sale of Grain from a Failed Warehouse and/or Grain Dealer.

The Department shall solicit at least 3 competitive bids from within the market area of the failed licensee. The Department shall solicit quotations for market discounts (i.e., moisture; foreign material; test weights; heating; musty, sour or commercially objectionable foreign odors; heat damage; weevil damage; splits and damaged kernels) from each bidder who submits a bid. The Department shall consider the following factors in determining who shall purchase the grain:

A) The bid price for the grain.

B) Transportation costs to be deducted from the bid price for the grain.

C) Market discounts that will be applied against the bid price for the grain.

D) The amount of the grain that the bidder can take delivery of during the contracted time period for transporting the grain.

c) Claims Procedure

1. Claimants shall file their claims at the location indicated in the public notice or mail claims to the Department of Agriculture, Bureau of Warehouses, P.O. Box 19281, Springfield IL 62794-9281.

2. Claim forms will be made available at the locations of the failed licensee.

3. All scale tickets, settlement sheets, warehouse receipts and contracts must be submitted with the claim.

4. All original warehouse receipts shall be submitted to the Department prior to receiving payment of a claim.

5. All claims must be signed by the claimant whose name appears on the claim.

6. All claims must have a tax identification number affixed for claims verification purposes.

History

• Source: Amended at 33 Ill. Reg. 1647, effective January 16, 2009

8 Ill. Adm. Code 281.90 Miscellaneous

a) Business Hours

Temporary interruptions of the posted business days and hours shall be posted in a conspicuous place at the place of business. The Department may grant seasonal business days and hours to those businesses that operate only during specific periods. Any deviations on business hours pursuant to Section 5-25(a)(2) of the Code shall be approved by the Department.

b) Grain Bank

1. Grain deposited for grain bank purposes shall be accounted for on a separate record containing the same informational requirements as a non-negotiable warehouse receipt, or on a non-negotiable warehouse receipt listing each lot of grain deposited and withdrawn, showing a net balance.

2. When a non-negotiable warehouse receipt is issued for grain in a grain bank, the reverse side of the original warehouse receipt shall be used to record withdrawals and additional deposits and the warehouse receipt shall be retained by the warehouseman.

3. No deposit shall be recorded that would increase the balance of the grain in the grain bank to an amount that would exceed the original net bushels on the face of the non-negotiable warehouse receipt.

c) Posting Bin Chart and Diagram

The warehouseman shall post in a conspicuous place in the office of each warehouse a bin chart and diagram, as supplied by the Department, showing the location, bin number and capacity of all bins and sections of the warehouse.

d) Transfer and Redeposit

A warehouseman forwarding stored grain to another warehouseman for redeposit shall obtain a non-negotiable warehouse receipt as evidence of the forwarded grain.

e) Grain Dealer Examination Fee

The first examination performed each calendar year shall be billed at a rate of .0003 x the total dollar amount paid to producers the last fiscal year with a minimum fee of $150 and a maximum of $400. When more than one location is included in the exam, a fee of $50 is required for each additional certificate of a license. For each subsequent examination in a calendar year, the grain dealer shall pay a $50 fee for each license examined.

f) Collateral and Guarantees

Pursuant to Section 15-30(d) of the Code, the Department may require that an applicant or licensee provide the Department with personal, corporate or other related person guarantees. The Department may require that a guarantee be executed by any related person to an applicant or licensee. All guarantees shall be executed for a minimum of $500,000. Guarantees shall be executed for a maximum amount not to exceed the dollar value of annual grain purchases or the dollar value of the highest bushel storage obligation during the past year.

g) Grain Seller Assessment

The Department shall give written notice to all licensees of when an assessment is to begin and end. The assessment established in Section 5-30 of the Code shall be collected by licensees at the time of settlement, without regard to the date the grain was sold to the licensee. The collection and remittance of assessments from first sellers of grain are the sole responsibility of the licensee to whom the grain is sold and shall be reported by the licensee on a form prescribed by the Department. The prescribed form shall include, but need not be limited to, the following information:

1. Legal name and address of licensee;

2. Grain dealer license number;

3. Grain dealer certificate license number;

4. County;

5. Business telephone;

6. Period of report;

7. Commodity;

8. Number of bushels assessed;

9. Net market value of assessed bushels;

10. Rate of assessment;

11. Total assessment; and

12. Certification of licensee.

h) Lender Assessment

The Department shall give written notice to all licensees of when an assessment is to begin and end. The assessment established in Section 5-30 of the Code shall be based on the bushels represented by a warehouse receipt issued by a licensee from an Illinois location held as security for a loan, including, without limitation, the advancing of money or other value to, or for the benefit of, a licensee upon the licensee's issuance or negotiation of a grain warehouse receipt and pursuant to, or in connection with, an agreement between the licensee and a counter-party for the repurchase of the grain by the licensee or designee of the licensee. It is the licensee's responsibility to inform its lenders and/or other persons of the onset of an assessment for which they might be liable. Each quarterly assessment shall be paid and reported by the lender or its designee on a form prescribed by the Department. The prescribed form shall include, but need not be limited to, the following information:

1. Legal name and address of licensee;

2. Lender name and address;

3. Grain warehouse license number;

4. County;

5. Business telephone;

6. Period of report;

7. Warehouse receipt number;

8. Commodity;

9. Number of bushels assessed;

10. Applicable commodity price;

11. Number of days tendered as collateral;

12. Rate of assessment;

13. Lender assessment multiplier;

14. Total assessment; and

15. Certification of licensee.

History

• Source: Amended at 33 Ill. Reg. 1647, effective January 16, 2009

8 Ill. Adm. Code 281.100 Severability

If any provision of this Part or its application to any person or under any other circumstances is adjudged invalid, that adjudication does not affect the validity of this Part as a whole or of any portion not adjudged invalid.

History

• Source: Added at 33 Ill. Reg. 1647, effective January 16, 2009

Subchapter l Horse Racing and Breeding

Part 290 Standardbred, Thoroughbred and Quarter Horse Breeding and Racing Programs, Illinois

8 Ill. Adm. Code 290.10 Purpose and Definitions

a) Purpose

The purpose of this Part is to establish the standards the Department of Agriculture will use in determining that a foal qualifies as an Illinois conceived and foaled standardbred, thoroughbred or quarter horse or Illinois foaled thoroughbred for the purpose of eligibility for races with purses supplemented through Standardbred, Thoroughbred and Racing Quarter Horse Breeders Fund Programs.

b) Definitions

"Act" means the Illinois Horse Racing Act of 1975 [230 ILCS 5].

"Administrator" means an employee of the Department responsible for the administration of the Illinois Standardbred Breeders Program, Illinois Thoroughbred Breeders Program and Illinois Quarter Horse Breeders Program.

"Breeder" – In the Standardbred Breeders Program and the Quarter Horse Breeders Program, "breeder" means the owners of the mare (dam) at the time of conception. In the Thoroughbred Breeders Program, "breeder" means the owners of the mare (dam) at the time of foaling.

"Conceived" – A horse is conceived at the place where the mare (dam) is bred.

"Department" or "Department of Agriculture" means the Illinois Department of Agriculture.

"Director" means the Director of the Illinois Department of Agriculture.

"Foaled" – A horse is foaled at its place of birth.

"Illinois Resident" means:

An individual who is physically present in the State of Illinois with the intention to remain and is considered to be a resident by the Illinois Department of Revenue or Illinois Secretary of State.

A partnership, joint venture, limited partnership, limited liability company or other syndicate or association shall qualify as an Illinois resident provided all of the individual members and/or beneficiaries qualify individually as residents of the State of Illinois. The Articles of Agreement of any one of these types of entities must contain a restriction that the ownership or transfer of interest by any one of the persons party to the agreement can only be made to a person who qualifies as an Illinois resident.

A corporation shall be considered an Illinois resident if:

it is incorporated in Illinois;

all incorporators, directors, officers, and stockholders qualify individually as residents of the State of Illinois; and

the bylaws and stock certificates of the corporation contain a restrictive stock transfer agreement that provides for ownership or transfer of the stock only to persons who qualify as Illinois residents.

"Investigator" means an employee of the Department who is authorized to conduct investigations for the Department relative to those Sections of the Horse Racing Act of 1975 that are under the jurisdiction of the Department of Agriculture and such other duties as assigned by the Director.

"Lessee", for the purposes of Subpart B, means a resident of the State of Illinois who contracts with an Illinois resident who owns a certified stallion (see Sections 290.55 and 290.60) to stand that stallion within the State of Illinois. For purposes of Subparts C and D, a lessee and owner are not required to be Illinois residents.

"Standardbred Horse" means a horse registered or eligible to be registered by the United States Trotting Association.

"Thoroughbred Horse" means a horse registered or eligible to be registered by the Jockey Club.

"Timely Filed" means all official documents, reports or similar forms are considered to be timely filed if they are delivered to the Department on or before the date due or postmarked on or before the date due.

"Quarter Horse" means a horse registered or eligible to be registered by the American Quarter Horse Association.

History

• Source: Amended at 43 Ill. Reg. 7408, effective June 21, 2019

8 Ill. Adm. Code 290.12 Incorporation by Reference

The rules of the American Quarter Horse Association (P.O. Box 200, Amarillo TX 79168; 2000) and the United States Trotting Association (750 Michigan Avenue, Columbus OH 43215; 1990) are incorporated by reference in this Part and do not include any later amendments or editions beyond the date specified.

History

• Source: Added at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.15 Trust Funds; Nominating, Sustaining and Entry Fees

a) The sum of all payments made by an entrant to a race shall not exceed 2 percent of the total purse being awarded for the race.

b) Trust accounts shall be established by the Department as authorized by the Horse Racing Act of 1975 and Section 205-15 of the Civil Administrative Code [20 ILCS 205/205-15] to receive, hold and disburse monies derived from entrants payments.

c) Trust funds held by the Department shall be invested in interest bearing accounts and the interest accrued from those investments shall be used for the benefit of the entrants.

d) All nominating, sustaining and entry fee payments shall be paid as a part of the respective purse for the race.

History

• Source: Amended at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.20 Operating Plan and Official Budget; Standardbred, Thoroughbred and Racing Quarter Horse Breeders Fund Programs and Monies Distribution Schedule

The Department shall prepare for each fiscal year operating plans and official budgets to encourage the breeding and racing in the State of standardbred, thoroughbred and quarter horses and shall provide for the distribution of monies appropriated for the Standardbred, Thoroughbred and Racing Quarter Horse Breeders Fund Programs.

History

• Source: Amended at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.50 Stallion Certification Requirements

a) All standardbred stallions standing for service in Illinois must be certified annually with the Department for foals of the stallions to be registered in the Illinois Standardbred Breeders Fund Program and to be eligible to race in races restricted to Illinois conceived and foaled horses.

b) No person shall knowingly prepare or cause to be prepared an application for certification containing false information. Any false information shall be grounds for denying an Illinois Stallion Eligibility Certificate and/or cancellation of an Illinois Stallion Eligibility Certificate.

c) No stallion can be certified as an Illinois stallion by a person who does not meet the residency requirement set forth in Section 290.10. To be certified as an Illinois stallion:

1. the stallion shall be owned by a resident of the State of Illinois and stand for service within the State of Illinois at the time of a foal's conception;

2. the stallion must not stand for service at any place outside of the State of Illinois during the calendar year in which the foal is conceived; and

3. the owners of the stallion must be, or must have been for the 12 months prior, residents of Illinois.

History

• Source: Amended at 43 Ill. Reg. 7408, effective June 21, 2019

8 Ill. Adm. Code 290.55 Certification of Stallion for First Time or Under New Ownership Before Offering Service

a) In order for a stallion's foal to be registered as Illinois conceived and foaled, any person who desires to stand the stallion for service shall, before standing or offering the stallion for service, certify the stallion with the Department and comply with this Subpart. Certification applies only to the owners at the time of application. If a certified stallion is sold to new owners, the stallion is no longer eligible for the program unless re-certified by the new owners.

b) Application for stallion certification shall be on a form provided by the Department, giving the following information:

1. The name of the stallion.

2. The names and addresses of the stallion owners.

3. The names and addresses of lessees (if any).

4. The sire and dam of the stallion.

5. The place where the stallion will stand for service during the year for which the application is made.

6. That the stallion is and will be owned by a resident of Illinois, will be standing for service within the State of Illinois, and will not stand for service at any place outside the State of Illinois during the calendar year for which the application is being made; and that the owners of the stallion were, for the 12 months prior, residents of the State of Illinois.

7. Details concerning right of ownership, such as contracts or other documents, must show any agreements concerning breeding rights, repurchase agreements, and other types of concessions.

History

• Source: Amended at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.60 Renewal Application for Offering or Standing Stallion for Service

a) In order for a stallion's foal to be registered as Illinois conceived and foaled, a person offering or standing the stallion for service shall, before January 1 of every year in which the service will be offered, timely file with the Department a written application, on forms provided by the Department, giving the following information:

1. The name of the stallion.

2. The names and addresses of the stallion owners.

3. The names and addresses of lessees (if any).

4. The sire and dam of the stallion.

5. The places where the stallion stood for service during the previous year (if different than in the renewal year).

6. The place where the stallion will stand for service during the year for which the application is made.

7. That the stallion is and will be owned by a resident of Illinois, will be standing for service within the State of Illinois, and will not stand for service at any place outside the State of Illinois during the calendar year for which application is being made; and that the owners of the stallion were, for the 12 months prior, residents of the State of Illinois.

8. Details concerning right of ownership, such as contracts or other documents, must show any agreements concerning breeding rights, repurchase agreements, and other types of concessions.

b) The Department shall impose monetary penalties, in accordance with 230 ILCS 5/40, for late filing of a renewal application for offering or standing stallion for service.

History

• Source: Amended at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.65 Breeding Record of Stallion – Record of Mares Bred

a) In order for a stallion's foal to be registered as Illinois conceived and foaled, a person offering or standing the stallion for service shall maintain a complete breeding record of the stallion and all mares bred to that stallion, including:

1. the name of the mare,

2. the names and addresses, including zip code, of the owner or owners of the mare,

3. the first and last dates on which the stallion was bred to the mare,

4. if the mare was inseminated by transported semen, any and all dates semen was shipped,

5. if the mare was pasture bred, first and last possible breeding dates.

b) A fully completed Record of Mares Bred must be filed with the Department by September 1 of each year. For mares bred after September 1, immediate notification to the Department is required.

c) The Department shall impose monetary penalties, in accordance with 230 ILCS 5/40, for incomplete and/or late filing of the Record of Mares Bred.

History

• Source: Amended at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.67 Requirements for Transported Fresh Semen of a Certified Stallion

a) Rules Applicable Beginning January 1, 2022

1. Semen from an Illinois-certified stallion may be transported within the State for the purpose of inseminating a mare or mares within the State but cannot be transported outside the State.

2. The mare must be in the State at the time of conception, and that fact will be verified by a Department employee.

3. The stallion owners or their authorized representative must indicate on the Record of Mares Bred (see Section 290.65) all mares artificially inseminated with transported fresh semen.

b) Rules Applicable from January 1, 2018 Through December 31, 2021

1. Semen from an Illinois stallion may be transported outside of the State and the resultant foals will be eligible for registration as Illinois conceived and foaled horses as provided in Section 31(j) of the Act.

2. The mare (dam) need not be inseminated in Illinois or be in Illinois when the foal is dropped and 30 days before or after the foaling.

History

• Source: Amended at 43 Ill. Reg. 7408, effective June 21, 2019

8 Ill. Adm. Code 290.70 Stallion Siring Foal Must Qualify in Order for Foal to Be Eligible for Registration as an Illinois Conceived and Foaled Horse (repealed)

History

• Source: Repealed at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.75 Notification If Certified Stallion Is Moved

The owners or their authorized representative must give immediate notification to the Department if the stallion leaves the location where he is certified. The stallion may not be used for breeding purposes outside the State of Illinois during the calendar year for which certified.

History

• Source: Amended at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.77 Notification of Sale or Transfer of Ownership of Certified Stallion

a) The Department must receive notification of transfer of ownership of a certified stallion within 10 days after the sale or transfer.

b) If the new owners are Illinois residents and desire to certify the stallion for eligibility of its foal in the Illinois Standardbred Breeders Fund Program, the owners or their authorized representative shall, before standing or offering the stallion for service, file an Application for Stallion Certification on forms provided by the Department.

c) If the stallion is transferred to someone other than an Illinois resident, and the stallion had previously serviced mares during that calendar year, the stallion may not be used for breeding purposes outside the State of Illinois during the remainder of the calendar year for which the stallion was certified as an Illinois stallion.

History

• Source: Added at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.78 Stallion Eligibility Certificate

a) Certified stallions must be identified at the reported standing location by a Department investigator.

b) Upon certification of a stallion by the Department, an Illinois Stallion Eligibility Certificate shall be issued and will be delivered to the reported standing location.

History

• Source: Added at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.80 Stallion Qualification Procedures (Repealed)

History

• Source: Repealed at 25 Ill. Reg. 7679, effective June 8, 2001

Chapter I Department of Agriculture

Subchapter l Horse Racing and Breeding

Part 290 Standardbred, Thoroughbred and Quarter Horse Breeding and Racing Programs, Illinois

8 Ill. Adm. Code 290.85 Qualifications for Illinois Conceived and Foaled Standardbred Horses

a) A horse, to be qualified for the Illinois Standardbred Breeders Fund Program and for races restricted to Illinois conceived and foaled horses, must meet the following requirements:

1. Except as provided in the Act, an Illinois conceived and foaled horse is a foal born in this State and sired by a certified Illinois stallion standing for service within this State at the time of the foal's conception; and

2. Except as provided in the Act, a mare (dam) of an Illinois conceived and foaled horse must be in the State a total of 30 consecutive days that includes the foaling date.

b) Embryo Transfer

1. Foals produced by embryo transfer procedures will be eligible for the Illinois Standardbred Breeders Fund Program and qualified for races restricted to Illinois conceived and foaled horses, provided all of the following requirements have been satisfied:

A) the donor mare was at least three years old at the time of the conception;

B) conception of the donor mare occurred within the State;

C) the foal was sired by a certified Illinois stallion standing for service within this State at the time of the foal's conception;

D) prior to the embryo transplant, the donor mare owner or his or her authorized representative contacted and advised the Department's Horse Racing Program of the embryo transplant;

E) the Department received from the donor mare owner, prior to the embryo transplant, a signed statement from a veterinarian licensed to practice in Illinois indicating that the veterinarian believes that it is unlikely the donor mare can carry the embryo to a successful birth;

F) after the embryo transplant was performed, the donor mare owner or his or her authorized representative provided to the Horse Racing Program all information concerning markings, identity and location of the recipient mare;

G) the recipient mare was identified by a Department equine investigator at an Illinois location prior to foaling;

H) the birth of the foal by the recipient mare occurred within the State; and

I) the recipient mare was in the State a total of 30 consecutive days that includes the foaling date.

2. Only the first living foal of a donor mare produced by embryo transplant in a calendar year shall be eligible to participate in the Illinois Standardbred Breeders Fund Program each year. Notwithstanding any provision of this Section to the contrary, the registration with the United States Trotting Association of any additional foal produced by the donor mare by embryo transplant during that year will void the eligibility of all foals produced by the donor mare by embryo transplant for the Illinois Standardbred Breeders Fund Program for that year.

c) Any foal produced by cloning will not be eligible for registration with the Illinois Standardbred Breeders Fund Program.

History

• Source: Amended at 43 Ill. Reg. 7408, effective June 21, 2019

8 Ill. Adm. Code 290.90 Registration for Illinois Conceived and Foaled Horses

a) An application for foal registration for an Illinois conceived and foaled standardbred foal must be filed with the Department within 10 days after foaling. The application shall be made on forms provided by the Department. The forms shall be completed by the owners of the foal or their authorized representative and that person shall provide all the information required. Except as provided in the Act, the foal must remain in the State until it has been identified by a Department representative or until written notice that the foal application has been accepted and the foal registration is issued by the Department.

b) Procedures for Registration of Illinois Conceived and Foaled Standardbreds

1. The owners of the foal, or their authorized representative, shall complete an application for foal registration showing the name of the mare (dam), the name of the sire, the date and location of foaling, and the color, sex and markings of the foal.

2. If the foal has met all the requirements for registration, a Foal Eligibility Registration Certificate will be issued.

3. In the event of a sale or transfer of ownership of a standardbred foal registered with the Department, the transfer of ownership shall be executed on the front of the Foal Eligibility Registration Certificate for the foal and the endorsed certificate forwarded to the Department. A new certificate will be issued to the new owners.

c) The Department shall impose monetary penalties, as prescribed by Section 40 of the Act, for the late filing of an application for foal registration.

History

• Source: Amended at 43 Ill. Reg. 7408, effective June 21, 2019

8 Ill. Adm. Code 290.95 Standardbred Breeders Awards

a) Standardbred breeders awards are limited to breeders of Illinois conceived and foaled standardbred horses, defined in Section 31 of the Act [230 ILCS 5/31] as the owner of a mare at the time of conception.

b) A breeder cannot receive awards unless the foal is properly registered under Section 290.90.

History

• Source: Amended at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.100 Grandfather Rights of Standardbred Horses Registered Under the Illinois Harness Racing Act (Repealed)

History

• Source: Repealed at 25 Ill. Reg. 7679, effective June 8, 2001

Chapter I Department of Agriculture

Subchapter l Horse Racing and Breeding

Part 290 Standardbred, Thoroughbred and Quarter Horse Breeding and Racing Programs, Illinois

8 Ill. Adm. Code 290.105 Standardbred Racing at County Fairs or Other Venues

a) A county fair or other venue, upon approval of the Department, may conduct harness races with Illinois conceived and foaled standardbred purse supplements in compliance with the conditions set forth in this Section.

b) The president and secretary, or his/her authorized representative, of the racing event claiming benefits of any distribution from the Illinois Standardbred Breeders Fund shall file with the Department, within 7 days after the last racing day, a document stating the amount of purses contributed by the county fair or other venue, the names and addresses of those owners who received Illinois Standardbred Breeders Fund purse money and the amount each horse owner received.

c) All races that receive funds from the Illinois Standardbred Breeders Fund must be conducted in accordance with the rules of the United States Trotting Association.

History

• Source: Amended at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.110 Illinois Conceived and Foaled Standardbred Races at the Illinois State Fair and Du Quoin State Fair

a) The Department will conduct annually during the Illinois State Fair at least a 5-day racing program. The program shall include at least the following races limited to Illinois conceived and foaled horses:

1. a two year old trot and pace, and filly division of each;

2. a three year old trot and pace, and filly division of each;

3. an aged trot and pace, and mare division of each. (Section 31 of the Illinois Horse Racing Act of 1975 [230 ILCS 5/31])

b) All standardbred races held at the Illinois State Fair or Du Quoin State Fair that receive funds from the Illinois Standardbred Breeders Fund shall be conducted in accordance with the rules of the United States Trotting Association incorporated by reference in Section 290.12.

c) Nominating, Sustaining and Entry Fees. All nominating, sustaining and entry fees for races sponsored by the Department of Agriculture through the Illinois Standardbred Breeders Fund shall be paid to the Department or its authorized agent. All fees received from these payments shall be kept by the Department in accounts as set forth in 30 ILCS 105/5.26a to be used for the benefit of entrants in specific races. These monies shall be paid out as a part of the purse for each respective race.

History

• Source: Amended at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.150 Stallion Certification Requirements

a) All thoroughbred stallions standing for service in Illinois must be certified annually with the Department for foals of the stallions to be registered in the Illinois Thoroughbred Breeders Fund Program and to be eligible to race in races restricted to Illinois conceived and foaled horses.

b) No person shall knowingly prepare or cause to be prepared an application for certification containing false information. Any false information shall be grounds for denying an Illinois Stallion Eligibility Certificate and/or cancellation of an Illinois Stallion Eligibility Certificate.

c) The stallion shall be standing for service within the State of Illinois at the time of a foal's conception, and the stallion must not stand for service at any place outside of the State of Illinois during that calendar year in which the foal is conceived.

History

• Source: Amended at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.155 Certification of Stallion for First Time or Under New Ownership Before Offering Service

a) In order for a stallion's foal to be registered as Illinois conceived and foaled, any person who desires to stand the stallion for service shall, before standing or offering the stallion for service, certify the stallion with the Department and comply with this Subpart. Certification applies only to the owners at the time of application. If a certified stallion is sold to new owners, the stallion is no longer eligible for the program unless re-certified by the new owners.

b) Application for stallion certification shall be on a form provided by the Department, giving the following information:

1. The name of the stallion.

2. The names and addresses of the stallion owners.

3. The names and addresses of lessees (if any).

4. The place where the stallion will stand for service during the year for which the application is made.

5. That the stallion will be standing for service within the State of Illinois and will not stand for service at any place outside the State of Illinois during the calendar year for which application is being made.

6. Statement of ownership, including names and addresses of owners and percentage of ownership.

7. A photocopy of the official certificate of registration from the Jockey Club.

History

• Source: Amended at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.160 Renewal Application for Offering or Standing Stallion for Service

a) In order for a stallion's foal to be registered as Illinois conceived and foaled, a person offering or standing the stallion for service shall, before January 1 of every year in which the service will be offered, timely file with the Department a written application on forms provided by the Department giving the following information:

1. The name of the stallion.

2. The names and addresses of the stallion owners.

3. The names and addresses of lessees (if any).

4. The places where the stallion stood for service during the previous year (if different than in the renewal year).

5. The place where the stallion will stand for service during the year for which the application is made.

6. That the stallion will be standing for service within the State of Illinois and will not stand for service at any place outside the State of Illinois during the calendar year for which application is being made.

b) Annual statement of ownership, including names and addresses of owners and percentage of ownership.

c) Submission of a photocopy of the official certificate of registration from the Jockey Club.

d) The Department shall impose monetary penalties, in accordance with 230 ILCS 5/40, for late filing of a renewal application for offering or standing stallion for service.

History

• Source: Amended at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.165 Breeding Record of Stallion – Record of Mares Bred

a) In order for a stallion's foal to be registered as Illinois conceived and foaled, a person offering or standing the stallion for service shall maintain a complete breeding record of the stallion and all mares bred to that stallion, including:

1. the name of the mare,

2. the mare's Jockey Club registration number,

3. the names and addresses, including zip code, of the owner or owners of the mare,

4. the first and last dates on which the stallion was bred to the mare, and

5. if the mare was pasture bred, first and last possible breeding dates.

b) A fully completed Record of Mares Bred must be filed with the Department by September 1 of each year. For mares bred after September 1, immediate notification to the Department is required.

c) The Department shall impose monetary penalties, in accordance with 230 ILCS 5/40, for incomplete and/or late filing of the Record of Mares Bred.

History

• Source: Amended at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.170 Stallion Siring Foal Must Qualify In Order For Foal to be Eligible for Registration as an Illinois Conceived and Foaled Horse (Repealed)

History

• Source: Repealed at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.175 Notification if Certified Stallion is Moved

The owners or their authorized representative must give immediate notification to the Department if the stallion leaves the location where he is certified.

History

• Source: Amended at 25 Ill. Reg. 7679, effective June 8, 2001

Chapter I Department of Agriculture

Subchapter l Horse Racing and Breeding

Part 290 Standardbred, Thoroughbred and Quarter Horse Breeding and Racing Programs, Illinois

8 Ill. Adm. Code 290.177 Notification of Sale or Transfer of Ownership of Certified Stallion

a) The Department must receive notification of transfer of ownership of a certified stallion within 10 days after the sale or transfer.

b) If the new owners desire to certify the stallion for eligibility of its foal in the Illinois Thoroughbred Breeders Fund Program, the owners or their authorized representative shall, before standing or offering the stallion for service, file an Application for Stallion Certification on forms provided by the Department.

c) If the stallion had previously serviced mares during that calendar year, the stallion may not be used for breeding purposes outside the State of Illinois during the remainder of the calendar year for which the stallion was certified as an Illinois stallion.

History

• Source: Added at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.178 Stallion Eligibility Certificate

a) Certified stallions must be identified at the reported standing location by a Department investigator.

b) Upon certification of a stallion by the Department, an Illinois Stallion Eligibility Certificate shall be issued and will be delivered to the reported standing location.

History

• Source: Added at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.180 Stallion Qualification Procedures (Repealed)

History

• Source: Repealed at 25 Ill. Reg. 7679, effective June 8, 2001

Chapter I Department of Agriculture

Subchapter l Horse Racing and Breeding

Part 290 Standardbred, Thoroughbred and Quarter Horse Breeding and Racing Programs, Illinois

8 Ill. Adm. Code 290.185 Qualifications for Illinois Conceived and Foaled Thoroughbred Horses

A horse, to be qualified for the Illinois Thoroughbred Breeders Fund Program and for races restricted to Illinois conceived and foaled horses, must meet the following requirements:

a) An Illinois conceived and foaled horse is a foal born in this State and sired by a certified Illinois stallion standing for service within this State at the time of the foal's conception; and

b) A mare (dam) of an Illinois conceived and foaled horse must be in the State a total of 30 consecutive days that includes the foaling date.

History

• Source: Amended at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.190 Registration for Illinois Conceived and Foaled Horses

a) An application for foal registration for an Illinois conceived and foaled thoroughbred foal must be filed with the Department within 10 days after foaling. The application shall be made on forms provided by the Department. The forms shall be completed by the owners of the foal or their authorized representative and that person shall provide all the information required. The foal must remain in the State until it has been identified by a Department representative or until written notice that the foal application has been accepted and the foal registration is issued by the Department.

b) Procedures for Registration of Illinois Conceived and Foaled Thoroughbreds

1. The owners of the foal, or their authorized representative, shall complete an application for foal registration showing the name of the mare (dam), the name of the sire, the date and location of foaling, and the color, sex and markings of the foal.

2. To complete the official registration of an Illinois conceived and foaled horse, the owners or their authorized representative must forward the Jockey Club Certificate to the Department. If the horse has met all of the requirements for registration, the Illinois official seal shall be affixed on the face of the Jockey Club Certificate. The seal shall include the Illinois registration number for that horse.

A) The Jockey Club Certificate with the Illinois registration number will be the official registration certificate for the Illinois Thoroughbred Conceived and Foaled Program. The Jockey Club Certificate with the Department seal shall be returned to the owner of the horse by a mail delivery system that includes tracking capabilities.

B) If the Jockey Club Certificate is lost, destroyed or replaced, the duplicate Jockey Club Certificate for the horse must receive a new Department seal to be valid for the Illinois Conceived and Foaled Program.

c) The Department shall impose monetary penalties, as prescribed by Section 40 of the Act, for the late filing of an application for foal registration.

History

• Source: Amended at 43 Ill. Reg. 7408, effective June 21, 2019

8 Ill. Adm. Code 290.195 Qualifications for Illinois Foaled Thoroughbred Horses

a) A horse, to be qualified for the Illinois Thoroughbred Breeders Fund Early Arrival Program and for races restricted to Illinois foaled horses, must meet the following requirements:

1. The owners of the mare (dam) or their authorized representative must complete a Mare Status Report and file it with the Department on or before December 1 of the year the foal is conceived.

2. The mare (dam) must be in the State on or before December 1 of the year the foal is conceived and remain continuously in this State until the foal is born.

b) A horse, to be qualified for the Illinois Thoroughbred Breeders Fund New Purchase Program and for races restricted to Illinois foaled horses, must meet the following requirements:

1. The mare (dam) must be in the State before February 1 and the owners of the mare, or their authorized representative, must complete a Mare Status Report and file it with the Department no later than February 1 of the year of foaling.

2. The mare (dam) must have been purchased at a public auction and must be 100% Illinois owned.

3. The mare (dam) must foal in Illinois.

c) A horse, to be qualified for the Illinois Thoroughbred Breeders Fund Breed-Back Program and for races restricted to Illinois foaled horses, must meet the following requirements:

1. The mare (dam) must be in the State on or before March 1 and the owners of the mare, or their authorized representative, must complete a Mare Status Report and file it with the Department on or before March 1 of the year of foaling.

2. The mare (dam) must foal in Illinois.

3. The mare (dam) must remain in Illinois for 30 days after foaling and must be bred back during the year of foaling to an Illinois certified stallion and no other.

History

• Source: Amended at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.200 Registration for Illinois Foaled Thoroughbred Horses

a) An application for foal registration for an Illinois foaled thoroughbred foal must be filed with the Department within 10 days after foaling. The application shall be made on forms provided by the Department. The forms shall be completed by the owners of the foal or their authorized representative and that person shall provide all the information required. The foal must remain in the State until it has been identified by a Department representative or until written notice that the foal application has been accepted and the foal registration is issued.

b) Procedures for Registration of Illinois Foaled Thoroughbreds

1. The owners of the foal, or their authorized representative, shall complete an application for foal registration showing the name of the mare (dam), the name of the sire, the date of foaling, and the color, sex and markings of the foal.

2. To complete the official registration of an Illinois foaled horse, the owners or their authorized representative must forward the Jockey Club Certificate to the Department. If the horse has met all the requirements for registration, the Illinois official seal shall be affixed on the face of the Jockey Club Certificate. The seal shall include the Illinois registration number for the horse.

A) The Jockey Club Certificate with the Illinois registration number will be the official registration certificate for the Illinois Foaled Thoroughbred Program. The Jockey Club Certificate with the Department seal shall be returned to the owner of the horse by a mail system that includes tracking capabilities.

B) If the Jockey Club Certificate is lost, destroyed or replaced, the duplicate Jockey Club Certificate for that horse must receive a new Department seal to be valid for the Illinois Foaled Thoroughbred Program.

c) The Department shall impose monetary penalties, as prescribed by Section 40 of the Act, for the late filing of an application for foal registration.

History

• Source: Amended at 43 Ill. Reg. 7408, effective June 21, 2019

8 Ill. Adm. Code 290.205 Grandfather Rights of Thoroughbred Horses Registered Under the Illinois Horse Racing Act (Repealed)

History

• Source: Repealed at 25 Ill. Reg. 7679, effective June 8, 2001

Chapter I Department of Agriculture

Subchapter l Horse Racing and Breeding

Part 290 Standardbred, Thoroughbred and Quarter Horse Breeding and Racing Programs, Illinois

8 Ill. Adm. Code 290.210 Thoroughbred Stallion Owners Awards

a) Thoroughbred stallion owners awards are limited to the sires of registered Illinois conceived and foaled horses that were conceived before May 30, 1995.

b) The owner of a thoroughbred stallion is eligible to participate in the stallion owners awards program by:

1. Qualifying foal must be registered as an Illinois conceived and foaled thoroughbred with the Illinois Department of Agriculture.

2. Qualifying foal must win a race other than a claiming race at a pari-mutuel track in Illinois.

3. Stallion must not stand or be offered for service outside the State of Illinois during the calendar year in which the qualified foal wins an eligible race.

c) The stallion owner is defined as the owner of record of the stallion at the time of conception of the qualifying horse. Stallion owners awards will be paid to such owners.

History

• Source: Amended at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.215 Illinois Conceived and Foaled Thoroughbred Racing at County Fairs

a) The Illinois Horse Racing Act of 1975 provides $75,000 annually for purses to be distributed to county fairs that provide for the running of races during each county fair. These races will be open to thoroughbreds that are properly registered as Illinois conceived and foaled with the Department.

b) The conditions of the races shall be developed by the county fair association and reviewed by the Department, with the advice and assistance of the Illinois Thoroughbred Breeders Fund Advisory Board.

c) County fair associations desiring to participate in this program shall file an application for participation with the Department on or before February 15 each year. Applications are available from the Department. Information as to location, date, track surface, and number of permanent horse stalls available must be given.

d) The Department may at any time order the cancellation of a race or races if funds have been conditionally allocated to a fair association and the conditions have not been fulfilled prior to opening day of the fair. Any violation of this Subpart shall be just cause for denying distribution of fund monies to the county fair and/or the money winning horse owners.

e) The purse distribution shall be as follows: 50% to the winner; 25% to second; 15% to third; and 10% to fourth.

f) The president and secretary, or his/her authorized representative, of each county fair association claiming the benefit of any distribution from the Illinois Thoroughbred Breeders Fund shall file with the Department, within 7 days after the last racing day of a county fair, 2 official programs, an affidavit stating that this Subparthas been complied with, including the amount of purses put up by the county fair, the names and addresses of those owners who are to share in the total purse and the amount in which they are to share.

g) The fair association shall appoint a Racing Secretary, 3 placing judges, starter and a timer as the officials to conduct the races. These officials shall be appointed at least 2 days prior to the date of the races. The list of those appointed officials must be submitted to the Department no later than 24 hours before the running of the races.

h) The Department investigator may identify each horse starting in a race by means of description on the Jockey Club Certificate and verify Illinois conceived and foaled registration.

i) It shall be the duty of the 3 judges to conduct the races and their decision shall be final in all matters pertaining to the running of the races, including the finishing order of horses. All questions pertaining directly to racing arising during the program of races at county fairs shall be determined by the judges.

j) It shall be the duty of the Racing Secretary to ascertain that the owner of a horse in whose name the horse is entered is the last owner of record on the Jockey Club Certificate.

k) The Racing Secretary shall record the Illinois conceived and foaled registration number of each Illinois conceived and foaled horse competing in the races and furnish this information to the Department.

l) No horse shall be eligible to be entered in a race that is receiving money from the Illinois Thoroughbred Breeders Fund unless the horse has been duly registered as an Illinois conceived and foaled thoroughbred. The Illinois registration number shall be recorded on the entry blank at the time an entry for a race is submitted to the Racing Secretary.

m) In the event that the number of entries to any race is in excess of the number of horses that may, because of track limitations, be permitted to start, the starters for the race shall be determined by lot in the presence of those making entries, and the post position shall be in the order in which the starters are drawn. The same method shall be used in determining the starters and post positions in case any race is divided or split.

History

• Source: Amended at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.220 Stallion Certification Requirements

a) All stallions standing for service in Illinois must be certified annually with the Department for foals of such stallions to be registered in the Illinois Quarter Horse Breeders Fund Program and to be eligible to race in races restricted to Illinois conceived and foaled horses.

b) No person shall knowingly prepare or cause to be prepared an application for certification containing false information. Any false information shall be grounds for denying an Illinois Stallion Eligibility Certificate and/or cancellation of an Illinois Stallion Eligibility Certificate.

c) The stallion shall be standing for service within the State of Illinois at the time of a foal's conception, and such stallion must not stand for service at any place outside of the State of Illinois during the calendar year in which the foal is conceived.

d) Semen from an Illinois certified stallion may be shipped for immediate use to other locations provided the stallion does not stand for service at any place outside the State of Illinois during the calendar year for which the stallion is certified.

History

• Source: Added at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.225 Certification of Stallion for First Time or Under New Ownership Before Offering Service

a) In order for a stallion's foal to be registered as Illinois conceived and foaled, any person who desires to stand the stallion for service shall, before standing or offering the stallion for service, certify the stallion with the Department and comply with this Subpart. Certification applies only to the owners at the time of application. If a certified stallion is sold to new owners, the stallion is no longer eligible for the program unless re-certified by the new owners.

b) Application for stallion certification shall be on a form provided by the Department, giving the following information:

1. The name of the stallion.

2. The names and addresses of the stallion owners.

3. The names and addresses of lessees (if any).

4. The sire and dam of the stallion.

5. The place where the stallion will stand for service during the year for which the application is made.

6. That the stallion will be standing for service within the State of Illinois and will not stand for service at any place outside the State of Illinois during the calendar year for which the application is being made.

History

• Source: Added at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.230 Renewal Application for Offering or Standing Stallion for Service

In order for a stallion's foal to be registered as Illinois conceived and foaled, a person offering or standing the stallion for service shall, before January 1 of every year in which such service will be offered, timely file with the Department a written application, on forms provided by the Department, giving the following information:

a) the name of the stallion,

b) the names and addresses of the stallion owners,

c) the names and addresses of lessee (if any),

d) the sire and dam of the stallion,

e) the places where the stallion stood for service during the previous year (if different than in the renewal year),

f) the place where the stallion will stand for service during the year for which the application is made, and

g) that the stallion will be standing for service within the State of Illinois and will not stand for service at any place outside the State of Illinois during the calendar year for which application is being made.

History

• Source: Added at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.235 Breeding Record of Stallion – Record of Mares Bred

a) In order for a stallion's foal to be registered as Illinois conceived and foaled, a person offering or standing the stallion for service shall maintain a complete breeding record of the stallion and all mares bred to such stallion, including:

1. the name of the mare,

2. the names and addresses, including zip code, of the owner or owners of the mare,

3. the first and last dates on which the stallion was bred to the mare,

4. if the mare was inseminated by transported semen, any and all dates semen was shipped,

5. if the mare was pasture bred, first and last possible breeding dates.

b) A fully completed Record of Mares Bred must be filed with the Department by September 1 of each year. For mares bred after September 1, immediate notification to the Department is required.

History

• Source: Added at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.240 Requirements for Transported Fresh Semen of a Certified Stallion

a) The mare owners or their authorized representative must file a Transported Fresh Semen Report with the Department, within 10 days after insemination, indicating the insemination dates, the insemination site, a description of the mare, the ownership of the mare, and the name of the person who performed the insemination. Subsequent inseminations utilizing transported fresh semen must be reported as required by this subsection.

b) The mare must be in the State at the time of conception, and such fact will be verified by a Department employee.

c) The stallion owners or their authorized representative must indicate on the Record of Mares Bred (see Section 290.235) all mares artificially inseminated with transported fresh semen.

History

• Source: Added at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.245 Notification If Certified Stallion Is Moved

The owners or their authorized representative must give immediate notification to the Department if the stallion leaves the location where he is certified. The stallion may not be used for breeding purposes outside the State of Illinois during the calendar year for which certified.

History

• Source: Added at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.250 Notification of Sale or Transfer of Ownership of Certified Stallion

a) The Department must receive notification of transfer of ownership of a certified stallion within 10 days after the sale or transfer.

b) If the new owners desire to certify the stallion for eligibility of its foal in the Illinois Racing Quarter Horse Breeders Fund Program, the owners or their authorized representative shall, before standing or offering the stallion for service, file an Application for Stallion Certification on forms provided by the Department.

c) If the stallion had previously serviced mares during that calendar year, the stallion may not be used for breeding purposes outside the State of Illinois during the remainder of the calendar year for which the stallion was certified as an Illinois stallion.

History

• Source: Added at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.255 Stallion Eligibility Certificate

a) Certified stallions must be identified at the reported standing location by a Department investigator.

b) Upon certification of a stallion by the Department, an Illinois Stallion Eligibility Certificate shall be issued and will be delivered to the reported standing location.

History

• Source: Added at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.260 Qualifications for Illinois Conceived and Foaled Quarter Horses

A horse, to be qualified for the Illinois Racing Quarter Horse Breeders Fund Program and for races restricted to Illinois conceived and foaled horses, must meet the following requirements:

a) An Illinois conceived and foaled horse is a foal born in this State from a mare in this State and sired by a certified Illinois stallion standing for service within this State at the time of the foal's conception.

b) A mare (dam) of an Illinois conceived and foaled horse must be in the State a total of 30 consecutive days that includes the foaling date.

c) Foals produced by embryo transfer procedures will be eligible for the program provided the conception of the donor mare occurred within the State, the birth of the foal occurred within the State, the owners of the mare or their authorized representative provide all information concerning markings, identity and location of the recipient mare, and all applicable requirements of the American Quarter Horse Association are met.

History

• Source: Added at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.265 Registration for Illinois Conceived and Foaled Horses

a) An application for foal registration for an Illinois conceived and foaled quarter horse foal must be filed with the Department within 10 days after foaling. The application shall be made on forms provided by the Department. The forms shall be completed by the owners of the foal or their authorized representative and that person shall provide all the information required. The foal must remain in the State until it has been identified by a Department representative or until written notice that the foal application has been accepted and the foal registration is issued by the Department.

b) Procedures for Registration of Illinois Conceived and Foaled Quarter Horses

1. The owners of the foal, or their authorized representative, shall complete an application for foal registration showing the name of the mare (dam), the name of the sire, the date and location of foaling, and the color, sex and markings of the foal.

2. If the foal has met all the requirements for registration, a Foal Registration Eligibility Certificate will be issued.

3. In the event of a sale or transfer of ownership of a quarter horse foal registered with the Department, the transfer of ownership shall be executed on the front of the Foal Eligibility Registration Certificate for the foal and the endorsed certificate forwarded to the Department. A new certificate will be issued to the new owners.

c) All Illinois conceived and foaled quarter horses foaled prior to June 25, 1999 who are inspected, identified and certified may be issued a Foal Eligibility Registration Certificate for Illinois conceived and foaled quarter horses.

d) In the case of a quarter horse that was conceived and foaled in Illinois, but for whom a birth certificate and/or an application for registration was not filed with the Department, the present owners may make application to the Department for registration of the horse. The applicant shall meet all the requirements of this Subpart concerning the registration of an Illinois conceived and foaled quarter horse, and in addition must provide evidence to assure that the horse qualifies for registration as an Illinois conceived and foaled quarter horse.

History

• Source: Added at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.270 Quarter Horse Racing at County Fairs or Other Locations

a) A county fair or other location, upon approval of the Department, may conduct quarter horse races for Illinois conceived and foaled quarter horses in compliance with the conditions established in this Section.

b) The president and secretary, or his/her authorized representative, of the racing event claiming benefits of any distribution from the Illinois Racing Quarter Horse Breeders Fund shall file with the Department, within 7 days after the last racing day, a document stating the amount of purses contributed by the county fair or other location, the names and addresses of those owners who received Illinois Racing Quarter Horse Breeders Fund purse money and the amount each horse owner received.

c) All races that receive funds from the Illinois Racing Quarter Horse Breeders Fund must be conducted in accordance with the rules of the American Quarter Horse Association.

History

• Source: Added at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.275 Illinois Conceived and Foaled Quarter Horse Races at the Illinois State Fair and Du Quoin State Fair

a) All quarter horse races held at the Illinois State Fair or the Du Quoin State Fair that receive funds from the Illinois Racing Quarter Horse Breeders Fund shall be conducted in accordance with the rules of the American Quarter Horse Association unless otherwise modified by rule of the Illinois Racing Board (see 11 Ill. Adm. Code 1440).

b) To qualify to race at the Illinois State Fair or Du Quoin State Fair in races for Illinois conceived and foaled quarter horses, a horse must be registered by the Department as an Illinois conceived and foaled quarter horse.

c) Nominating, Sustaining and Entry Fees. All nominating, sustaining and entry fees for races sponsored by the Department of Agriculture through the Illinois Racing Quarter Horse Breeders Fund shall be paid to the Department or its authorized agent. All fees received from these payments shall be kept by the Department to be used for the benefit of entrants in specific races in accordance with the provisions of 30 ILCS 105/25(i). These monies shall be paid out as a part of the purse for each respective race.

History

• Source: Added at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 290.280 Quarter Horse Racing at Illinois Pari-Mutuel Racetracks

With the advice and assistance of the Illinois Racing Quarter Horse Breeders Fund Advisory Board, a budget may be established each year to provide money for:

a) stakes races for Illinois registered quarter horses;

b) owners' awards for Illinois registered quarter horses finishing first, second, third, fourth and fifth in open races conducted at Illinois pari-mutuel racetracks;

c) an Illinois stallion stakes program;

d) purses for races during the Illinois State Fair and the Du Quoin State Fair;

e) purses for races at Illinois county fairs; and

f) purses for races at other locations in Illinois.

History

• Source: Added at 25 Ill. Reg. 7679, effective June 8, 2001

8 Ill. Adm. Code 340.10 Purpose and Definitions

a) Purpose

1. This Part implements the Local Food Infrastructure Grant Act creating the Local Food Infrastructure Grant Program for the development of local food processing, aggregation and distribution.

2. Subject to appropriation, monies shall be deposited to the Local Food Infrastructure Grant Fund. The Illinois Department of Agriculture or a nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and that represents farmers, and is subcontracted by the Department for this purpose, shall administer fund and grant awards.

b) Definitions

"Act" means the Local Food Infrastructure Grant Act [505 ILCS 92].

"Collaborative" or "Collaboration" means two or more entities working together on a project.

"Community" means the county the project is located in and its contiguous counties.

"Department" means the Illinois Department of Agriculture or its designee for administering this program.

"Entity" means a business organization incorporated or registered to do business in Illinois, government entities, and educational institutions.

"Established" means an entity that has been doing business in the agricultural or food sectors for at least three years.

"Farm" means any place from which $1,000 or more of agricultural products were raised and sold, or would have been raised and sold, during the previous year, but for an event beyond the control of the farmer or rancher.

"Farmer" means an agricultural producer that operates a farm or ranch and significantly engages, as an occupation, in farming operations for the purpose of producing a farm crop.

"Financial Information" means assets, liabilities as defined in the Act, account statements from the financial institution used by the entity for each of the 12 months preceding the application, profit and loss statements, any financial audit of the entity conducted in the two years preceding application, and any other information noted on the application or instructions as required by the grant administrator.

"Food Business" or "Food Sector Business" means institutions engaged in producing, processing, distributing, and selling foods; or the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries.

"GATA" means the Grant Accountability and Transparency Act [30 ILCS 708].

"Gross Cash Farm Income" or "GCFI" means the farm's annual income before expenses. Annual income includes, but is not limited to, sale of crops, sale of livestock, farm-related goods and services, cash receipts, farm-related income, and production contract fees.

"High-Need" means the project is:

filling a gap in critical infrastructure for its region or community that is unlikely to be resolved without the grant investment; or

the grant investment will primarily serve underserved farmers and underserved communities.

"Illinois Cooperative" means a co-operative association organized under the Agriculture Co-Operative Act [805-ILCS 315] or the Co-operative Act [805 ILCS 310] or a limited worker cooperative association organized under the Limited Worker Cooperative Association Act [805 ILCS 317].

"Illinois Resident" means an entity that is registered to do business in Illinois and has its home-base of operations in Illinois as proven by a valid W9.

"Long Term Economic Development" means sustained efforts aimed at improving the economic well-being and quality of life in a community or region over a period of time exceeding two years, with the overall goal of a resilient economy that can adapt to changes and provide opportunities to all residents.

"Match" means funds of comparable investment in the project by the recipient of the award. Methods of providing comparable investment and acceptable providers of matching funds are as described in the Act at 505 ILCS 92/15(3).

"Material and Substantial Participation" means day to day involvement with the labor and management of the farm or ranch such that without this participation, the operation of the farm or ranch would be seriously impaired.

"Production Agriculture" means the cultivation of corn, soybeans, and forage crops, and rearing of animals.

"Rancher" means a type of farmer that focuses on raising livestock.

"Small Farm" shall have the same meaning as in the United States Department of Agriculture Census of Agriculture: a commercial or noncommercial farm operation with a gross cash farm income (GCFI) of less than $350,000.

"Small Food Sector Business" means an entity, operating as a food business or in the food sector as defined above, that is independently owned and operated. Grocery stores, franchised businesses, or restaurants with more than three locations, regardless of shared ownership, are not considered a Small Food Sector Business.

"Very Small Farm" shall have the same meaning as in the United States Department of Agriculture Census of Agriculture: a commercial or noncommercial farm operation with annual sales of $2,500 or less.

8 Ill. Adm. Code 340.20 Grantee Eligibility

a) Requirements for an entity to be eligible for a grant in addition to the requirements in the Act, are:

1. The entity must be an Illinois resident. [505 ILCS 92/20(c)]

2. Applicants must comply with all relevant State and federal laws and rules, including prevailing wage requirements, when applicable.

3. To be eligible for a grant award, an applicant shall have an active GATA registration and be qualified on the GATA Grantee Portal and SAM.gov at the time the application is submitted.

4. The entity must store, process, package, aggregate or distribute value-added agricultural products or plan to do so, and must be one of the following [505 ILCS 92/15(1)]:

i) An Illinois farm with fewer than 50 employees [505 ILCS 92/15(1)(A)].

ii) An Illinois cooperative with fewer than 50 employees [505 ILCS 92/15(1)(B)].

iii) An Illinois slaughter and/or processing facility with fewer than 50 employees [505 ILCS 92/15(1)(C)]. Slaughter and/or processing facilities must be USDA or state licensed or be a custom exempt slaughter and/or processing facility.

iv) An Illinois food business with fewer than 50 employees [505 ILCS 92/15(1)(D)].

v) An Illinois food hub with fewer than 50 employees [505 ILCS 92/15(1)(E)].

vi) An Illinois nonprofit organization [505 ILCS 92/15(1)(F)].

vii) A unit of local government in Illinois [505 ILCS 92/15(1)(G)].

b) Eligible applicants include individuals, groups, partnerships, or collaborations [505 ILCS 92/15(1)].

c) Collaborative project applicants must identify which entity is the lead. Lead entities for collaborative project applicants will be responsible for all grant reporting requirements.

d) Restrictions:

1. An entity whose project is funded in a grant cycle is not eligible to apply for grant funding for that project in the next funding cycle, nor is any other person eligible to apply for grant funding for the same project in the next funding cycle. [505 ILCS 92/15(1)]

2. The immediate family or household member of any grant administrator may not apply.

8 Ill. Adm. Code 340.30 Proposal Eligibility

a) Allowable Costs

1. All grant funding must be used for purchasing, leasing to own, renting, building or installing infrastructure related to the processing, storage, aggregation, or distribution of value-added agricultural products. [505 ILCS 92/15(4)]

2. Allowable expenses include, but are not limited to, costs to purchase, lease, or install:

A) Equipment used in the production of value-added agricultural products [505 ILCS 92/15(4)(A)].

B) Sanitizing equipment.

C) Milling or pressing equipment [505 ILCS 92/15(4)(B)].

D) Honey processing equipment and packaging including mini extractors lines, extractors, uncappers, dehydrators, creamers, warmers, heated sumps, bottling tanks and bottlers.

E) Syrup processing equipment and packaging including syrup evaporators, cookers, finishers, canners and bottlers.

F) Creamery or milk product processing and packaging equipment [505 ILCS 92/15(4)(C)].

G) Food hub development or expansion [505 ILCS 92/15(4)(D)].

H) Cooler walls, freezers and refrigeration units [505 ILCS 92/15(4)(E)].

I) Grading, packing, labeling, packaging, or sorting equipment [505 ILCS 92/15(4)(F)].

J) Refrigerated trucks [505 ILCS 92/15(4)(G)].

K) Custom exempt mobile slaughter units that meet all Federal and State regulations, including being licensed as an IDOA Type II slaughter/processing facility [505 ILCS 92/15(4)(H)].

L) Livestock, meat, and poultry, processing equipment (including fixtures or equipment necessary to expand animal throughput, processing capacity, the amount or type of products produced or processing speed, equipment necessary for compliance with federal hazard analysis and critical control point (HACCP) plan) [505 ILCS 92/15(4)(H)].

M) Agroforestry processing equipment [505 ILCS 92/15(4)(I)].

N) Local fish, wild caught fish, and shrimp processing [505 ILCS 92/15(4)(J)].

O) Aquaponic and or hydroponic equipment.

P) Equipment for school meal scratch cooking (including, but not limited to refrigerators, freezers, ovens (convection, combi, or steamer), warming/holding equipment, serving tables (hot or cold), milk coolers, or dish machines.

3. Grant funding may only be used for the project as described in the application.

b) Ineligible costs. Grant funding cannot be used for any of the following parts of a proposal:

1. Labor, marketing, or promotion or for the costs of production agriculture, including the costs for the purchase of hoop houses, irrigation, breeding, animal housing or other infrastructure related to starting or increasing agricultural production. [505 ILCS 92/15(4)]

2. Wages or travel costs.

3. Portions of a project that have already received funding or been reimbursed by another federal or state grant program.

4. Purchase or rental of a building or facility.

5. Land acquisition or associated fees.

c) Grant funding cannot be used to recoup previously-spent money on the project.

d) Grant funding can only be used for expenses incurred after the date of the application.

8 Ill. Adm. Code 340.40 Award Amounts

a) All awards are subject to appropriation.

b) Potential amounts for each type of grant proposal, subject to appropriation and number of applicants, are:

1. A collaborative project is eligible for a grant of $1,000-$250,000 [505 ILCS 92/15(2(A)]. In a collaborative project, only the entity identified as the lead in the application will receive the grant funds.

2. An individual project is eligible for a grant of $1,000-$75,000 [505 ILCS 92/15(2(B)].

c) Matching Funds or Comparable Investments

1. Matching funds (i.e. comparable investments) are not required for high need projects.

2. All other projects require a 25% match.

A) The recipient's comparable investments may be provided in cash, cash-equivalent investments, bonds, irrevocable letters of credits, time and labor, or any combination of those matching fund sources.

B) Acceptable providers of matching funds include, but are not limited to, commercial, municipal, and private lenders; leasing companies; and grantors of funds. [505 ILCS 92/15(3)]

8 Ill. Adm. Code 340.50 Application

a) Application Process

Instructions for submitting a grant application, including format, a blank application, and due date, will be published on the grant administrator's website.

b) Applicants shall provide the following information about the proposed project, and any other information required in the application:

1. Names of businesses involved in the project.

2. Names of businesses owners.

3. Addresses of business owners.

4. Occupations of business owners.

5. Identification of which business and/or owner is the primary contact for and owner of the project, if multiple entities are working together.

6. Relevant credit and financial information (including, but not limited to, assets and liabilities). [505 ILCS 92/20(c)]

7. Length of time business has been in operation.

8. Length of time project has been in existence.

9. Whether the applicant has received government-funding for any part of this project already, and if they have, the following information about the funding:

A) When it was received.

B) The dollar amount of funding received.

C) What part of the project received this funding.

D) Whether the funds were disbursed as a grant or a loan.

E) The agency disbursing the funds.

10. Whether the applicant has applied for other government-funding for this project that is pending at the time of their application for this grant, and if they have, the following information about that application:

A) When the application was submitted.

B) The dollar amount of funding requested by the applicant.

C) What part of the project the funds were intended to support.

D) The agency disbursing the funds.

11. Whether the applicant believes their project meets the definition of "high need" as defined in these rules.

12. A proposed budget for the project, outlining anticipated or estimated costs of supplies or equipment for the project. If matching funds will be utilized, the budget should also include the matching funds and the source of the matching funds.

13. A notarized statement that the application is complete and accurate to the best of the applicant's knowledge.

14. Other information deemed necessary by the grant administrator for review of the grant application.

15. For collaborative projects, the applicant must also provide the following:

A) A description of the relationship between the entities involved.

B) Information identifying how long the entities have worked together.

C) A summary of any prior projects the entities have collaborated on and the projects' outcomes.

c) Potential Changes to Application

Between submission of the application and receipt of a determination from the grant administrator, applicants have a duty to promptly disclose, in writing, to the grant administrator, any material changes related to the proposal or project or financial information provided in their application.

8 Ill. Adm. Code 340.60 Application Evaluation Criteria

a) Projects will be evaluated by the grant administrator based on the following considerations:

1. Reasonable assurance of increasing the availability and accessibility of Illinois agricultural products among Illinois communities [505 ILCS 92/20(d)(1)].

2. Adequate and realistic budget projection [505 ILCS 92/20(d)(2)].

3. Eligibility requirements.

4. Cost eligibility.

b) Points will be awarded for:

1. Proposals that have established favorable community support [505 ILCS 92/20(e)(1)].

2. Proposals that increase the availability of Illinois agricultural products to underserved communities in Illinois [505 ILCS 92/20(e)(2)].

3. Proposals that positively impact underserved farmers in Illinois [505 ILCS 92/20(e)(3)].

4. Proposals from established farmers and food businesses [505 ILCS 92/20(e)(4)].

5. Proposals that facilitate long-term economic development in the local food sector [505 ILCS 92/20(e)(5)].

6. Proposals that demonstrate comparable investments by the anticipated recipient [505 ILCS 92/20(e)(6)].

7. Proposals for high need projects [505 ILCS 92/20(e)(7)].

8. Proposals that are submitted by small and very small farms and food businesses [505 ILCS 92/20(e)(8)].

9. Proposals from organizations led by historically underserved farmers and food business owners.

c) Sufficient Documentation. The following are examples of documentation that will be deemed sufficient to establish various application requirements and criteria for points to be awarded. Substantially similar, unlisted documents identified in the application or any frequently asked questions or questions and answers for this program will also suffice.

1. For proof of entity: Federal Employer Identification Number, FEIN issuance letter from the Internal Revenue Service, or registration with the Illinois Secretary of State to do business in Illinois.

2. For proof of "established": at least two types of documentation per year for at least three years, including:

A) Documentation from a source other than the applicant of the date the business was started in Illinois.

B) Documentation from government agencies of the business' operations or activities; tax records; media coverage describing the project or business's first actions (or prior actions so long as they meet the definition of "established" in these rules).

3. For proof of "high need":

A) Identification of the critical infrastructure that is needed in the community: what it is, why it is needed, and what other projects or resources are available in the community in that space; or

B) Explanation of who the proposed project will primarily serve, with specific focus on how the project will serve underserved farmers and underserved communities, and an estimate of what percentage of the project's intended beneficiaries will be underserved.

4. For long-term economic development:

Documentation describing or demonstrating how the project will accomplish any of the following:

A) Investment in infrastructure to support business growth;

B) Training, education, and skill development in an underserved community;

C) Promote environmental sustainability and responsible resource management;

D) Local community involvement in decision making and or identification of specific needs; or

E) Providing opportunities not currently available to individuals in underserved communities.

5. For proof of the number of employees:

A) Applicant's payroll logs showing how many people were paid by the applicant for each pay period for the 12 months preceding application;

B) IRS Form 941 for the four quarters preceding application, Illinois Form UI-3/40 Employer's Contribution and Wage report for the four quarters preceding application; and

6. For "realistic budget projection": a budget that identifies the total amount requested; accounts for each dollar spent; and provides explanations/assumptions of how the numbers were determined, with supporting documentation for those explanations/assumptions as appropriate.

7. For favorable community support: at least two letters of support for the project or business, written in the six months preceding application, from different entities that do work in the community. Letters of support must include:

A) A summary of the relationship between the entity and the applicant;

B) A description of the entity's operations and community impact;

C) Address of the entity;

D) Description of the geographic area the entity operates in or impacts;

E) A summary of the applicant's proposed project. This can be provided by the applicant to the entity but must be included with and or referenced in the letter; and

F) Anything else identified in the application.

d) High need determination and review:

1. If an applicant identifies their project as "high need" and the grant administrator determines the project does not meet the definition of "high need", the grant administrator shall notify the applicant in writing of that determination and its basis.

2. The applicant will have five business days from the date of that notification to inform the grant administrator in writing of whether the applicant intends to submit additional documentation. No response will be taken to mean the applicant does not intend to provide additional documentation, and the application will be denied. Applicants must identify, in that notification, whether they intend to provide matching funding or additional information to support their identification as a high need project.

3. The grant administrator will acknowledge receipt of the applicant's notification and inform the applicant at that time if the notification is insufficient. If the notification is insufficient, applicant will have two business days to remedy. Grant administrator will provide written confirmation to the applicant that their notification was sufficient.

4. An applicant that timely provides sufficient notification will then have 15 business days from the date of the grant administrator's confirmation of sufficiency and receipt to submit additional information to support its self-identification as high need, and or additional information to show proof of matching fund availability. Failure to provide the documentation in the required time will result in the application being denied.

8 Ill. Adm. Code 340.70 Grant Determination and Notification

a) All applicants will be notified in writing by the grant administrator that their application has been accepted or rejected.

b) This notification will include the amount of funding for which the grant administrator has determined the project is eligible.

c) Applications that are denied will not be held for later project review, but those applicants are not prohibited from applying in the future.

8 Ill. Adm. Code 340.80 Grant Agreement, Disbursement, and Monitoring

a) Grant Agreements

1. All approved projects must have a signed grant agreement to receive funding.

2. The grant administrator will send a grant agreement to the awarded recipient.

3. The recipient will be required to review the agreement and complete any information indicated, and return it to the grant administrator.

4. When the grant administrator determines the grant agreement is completely and correctly filled out, the recipient will be notified that the agreement is ready for their signature.

5. A grant agreement, signed by the recipient and the grant administrator, must be in place grant before the grantee is eligible to receive grant funding.

b) Grant Disbursements

1. Funds will be disbursed on a reimbursement basis.

2. Grantees must submit all requests for reimbursement prior to the end of the fiscal year in which they were awarded a grant (June 30) to facilitate the most efficient and streamlined payment processing.

3. Grantees that expect to continue to incur costs that are eligible for reimbursement after June 30 must notify grant administrator in writing, along with an explanation for the timing of these costs.

4. Grant administrator will make best efforts to process reimbursement requests prior to August 1 of the following fiscal year. Any reimbursement request submitted after August 1, or prior to August 1 but without sufficient time for grant administrator to process, are subject to additional delays and processes to receive payment.

5. If an awardee does not submit reimbursement requests for the entire amount they were awarded, the leftover amount will remain in the Fund and expended for the purposes of the Act.

c) Grant Performance, Monitoring and Reporting Requirements

Grantees shall report information to the grant administrator as required in the grant agreement as well as the following information:

1. Economic impact of awarded grant, including but not limited to jobs created, local food sales increased and communities served. [505 ILCS 92/25(3)]

2. Progress and financial reports on a quarterly basis, or more often as/if required in the grant agreement, along with proof of expenditures.

3. All reporting required in the grant agreement.

8 Ill. Adm. Code 340.90 Miscellaneous

a) False information

1. Application. If the grant administrator determines an applicant included false information in their application, prior to grant award, the application will be denied. If the grant administrator determines an applicant included false information in their application and the applicant has already been awarded a grant, the grant administrator reserves the right to limit available funding, terminate the grant, and/or be reimbursed by the awardee for funds already disbursed, at the grant administrator's option.

2. Required reporting. If the grant administrator determines that an awardee included false information in any of their required reporting for this grant, the grant administrator reserves the right to limit available funding, terminate the grant, and or be reimbursed by the awardee for funds already disbursed, at the grant administrator's option.

3. If a grant is terminated for false information or an application is denied for containing false information, that applicant shall not be eligible for future iterations of the grant for a period of at least three years.

b) If the grant administrator determines an awardee received funding from another government entity or grant program for the same project as was awarded funds under the Act, the grant administrator reserves the right to limit available funding, terminate the grant, and or be reimbursed by the awardee for funds already disbursed, at the grant administrator's option.

c) Nothing in this Part is intended to confer a property or other right, duty, privilege, or interest entitling an applicant to an administrative hearing upon denial of an application.

d) The grant administrator reserves the right to conduct site visits of grantees to verify the accuracy of grant reporting and verify progress of the grant project. Grant recipients shall cooperate with any grant administrator site visit during the grantee's typical operating hours and days, and permit entry without unreasonable or undue delay.

8 Ill. Adm. Code 340.100 Noncompliance and Termination

In addition to the default and termination provisions found in the Act, the following conditions apply:

a) A grantee that does not maintain an active GATA account as required will receive one written warning from the grant administrator. If the grantee does not take steps to address its GATA account and provide timely proof of such to the grant administrator upon request, the grant administrator reserves the right to limit available funding, terminate the grant, and or be reimbursed by the awardee for funds already disbursed, at the grant administrator's option.

b) If a grantee does not communicate or respond to the grant administrator as required, the grantee will receive one written warning from the grant administrator. If the grantee fails to respond to the grant administrator within five business days of that warning, the grant administrator reserves the right to limit available funding, terminate the grant, and or be reimbursed by the awardee for funds already disbursed, at the grant administrator's option.

Chapter I Department of Agriculture

Subchapter o Warehouse Regulations

Part 515 Refrigerated Warehouses Act

8 Ill. Adm. Code 515.5 Definitions

a) As used in this Part the following terms shall have the meanings specified:

"Act" means the Illinois Refrigerated Warehouses Act [240 ILCS 35].

"Sanitary Inspection Act" means the Sanitary Food Preparation Act [410 ILCS 650].

b) Words in the singular form shall be deemed to include the plural, words in the masculine form shall be deemed to include the feminine form, and vice versa, as the case may require.

History

• Source: Amended at 18 Ill. Reg. 14930, effective September 26, 1994

8 Ill. Adm. Code 515.10 Enforcement

The Director and his subordinates shall be charged with enforcement of said Act and shall exercise the authority therein conferred.

8 Ill. Adm. Code 515.20 Who Is Required to Be Licensed

Where a person, firm, or corporation operates more than one refrigerated warehouse, a separate license is required for each separate plant or warehouse.

8 Ill. Adm. Code 515.30 Articles of Food Covered by the Act

The provisions of the Refrigerated Warehouses Act apply to all articles of food as defined in Section 1, Paragraph (c) of the Act, when held at a temperature of 45 degrees Fahrenheit or below for 30 days or more before distribution to wholesalers, retailers, or jobbers.

8 Ill. Adm. Code 515.40 Application for License

The application for license to operate a refrigerated warehouse shall be made to the Department upon blanks furnished by the Department and shall be accompanied by the license fee of fifty dollars ($50.00).

History

• Source: Rules and Regulations Relating to Refrigerated Warehouses, filed Feb. 9, 1972, effective Feb. 19, 1972

8 Ill. Adm. Code 515.50 Renewal of License

Warehouses shall be licensed for a period of one year from the date of issuance of the license, and renewals shall be made upon each anniversary thereafter.

8 Ill. Adm. Code 515.60 Construction and Equipment Requirements

Refrigerated warehouses shall comply with provisions of the Sanitary Inspection Act [410 ILCS 650] as well as the Illinois Refrigerated Warehouses Act. Refrigerated warehouses shall be constructed and equipped with accurate and reliable controls as necessary for the freezing and holding in a frozen condition any food product accepted for storage. Upon examination of the warehouse, the Department inspector shall notify the licensee in writing of any condition which exists that could be detrimental to the freezing and holding of the food product or its use as human food or intended use without causing physical or health conflicts. The notice shall also state what must be done to remedy the condition and the time limit for doing so. In setting the time period for bringing the refrigerated warehouse into compliance, the Department shall consider the type of food product in storage, the length of time it has been in storage, its apparent condition, costs and time necessary to remedy the condition, and any facts or circumstances that could affect the wholesome condition of the food product. The Department's primary concern is to keep the food product in storage acceptable for human food or intended use. No license will be issued or the license will be revoked if the licensee fails or refuses to bring the warehouse into compliance. This rule is subject to 8 Ill. Adm. Code 515.100.

History

• Source: Amended at 18 Ill. Reg. 14930, effective September 26, 1994

8 Ill. Adm. Code 515.70 Revocation of License (repealed)

History

• Source: Repealed at 7 Ill. Reg. 1770, effective February 2, 1983

8 Ill. Adm. Code 515.80 Identification of Containers

No article of food intended for other than human consumption shall be received or placed in storage unless the article or container is plainly and permanently marked with indelible, capital letters not less than one inch in height, "NOT FOR HUMAN CONSUMPTION." Where the character of the article or the container renders the placing of such a mark thereon impracticable, the mark shall be placed on a tag attached to the article, container, or bulk mass when placed in storage.

History

• Source: Amended at 7 Ill. Reg. 1770, effective February 2, 1983

8 Ill. Adm. Code 515.90 Lot Numbers

All articles of food when received by a refrigerated warehouse shall be identified and stamped with a lot number before it is placed in storage. Such lot number shall appear on the warehouse record showing the name and address of the owner, person, or firm responsible for placing the foods in storage, together with the true name of the article, the amount stored and the date of receipt into and delivery from refrigeration, with record of any transfers of account or other memoranda relating to such lots. The removal or erasure of any mark, stamp, or tag required by the Act or the transfer of the food from one container to another for the purpose of evading any of the provisions of the Act will be deemed a violation thereof (see 8 Ill. Adm. Code 515.100).

History

• Source: Amended at 7 Ill. Reg. 1770, effective February 2, 1983

8 Ill. Adm. Code 515.100 Violation

If licensee fails or refuses to comply with the provisions of the Act, the rules promulgated pursuant thereto (8 Ill. Adm. Code 515), or any notification issued by the Department, the licensee shall be notified personally or by certified or registered mail to attend an administrative hearing (see 8 Ill. Adm. Code 515.150) for the purpose of determining whether the warehouse license should be revoked and the case submitted for prosecution in accordance with Section 13 of the Act. A license shall be revoked in accordance with Section 3 of the Act.

History

• Source: Amended at 7 Ill. Reg. 1770, effective February 2, 1983

8 Ill. Adm. Code 515.110 Extension of Storage Period

In accordance with Section 8 of the Act, applications for permits to retain articles of food in storage beyond the 24-month period shall be received by the Department at least 30 days before expiration of the time that the food is to be removed from storage. Extension for further storage shall be granted if, upon examination, the articles of food are found to be in wholesome condition for further storage in accordance with the Meat and Poultry Inspection Act [225 ILCS 650] and the Meat and Poultry Inspection rules (8 Ill. Adm. Code 125). If extension of the time period of storage is approved, the Department shall issue to the licensee a written order stating the extension of time allowable for the food products covered in such request for extension. In determining the extension period, the Department shall consider the type of food product in storage, its apparent condition, length of time it has been in storage and any facts or circumstances that could affect the wholesome condition of the food product for human consumption or its intended use. If the licensee is not satisfied with the decision on the extension, the licensee may request an administrative hearing (see 8 Ill. Adm. Code 515.150) to present his case. When requested by the Department for use at an administrative hearing or in order for the inspector to assure the wholesomeness of the food product in extended storage, the refrigerated warehouseman shall furnish a list of all foods in said warehouse which have been in storage 24 months, including the time such product was held in other Illinois warehouses and other states where the facts are known.

History

• Source: Amended at 18 Ill. Reg. 14930, effective September 26, 1994

8 Ill. Adm. Code 515.120 Records and Inventory

All persons, firms, or corporations must keep records that will fully and correctly disclose all transactions involved in their business. The licensee will be required to sign a consent statement on the license application, which will permit authorized Department personnel entrance onto the premises for inspection, access to records and inventory, and to copy any records during reasonable business hours or at other times as deemed necessary by the Department to properly enforce the Act.

History

• Source: Amended at 7 Ill. Reg. 1770, effective February 2, 1983

8 Ill. Adm. Code 515.130 Retention, Confiscation, and Destruction

Any authorized representative of the Department is empowered to retain in the warehouse or confiscate any product stored over 24 months and found to be in noncompliance with the Meat and Poultry Inspection Act [225 ILCS 650] and the rules promulgated pursuant thereto (8 Ill. Adm. Code 125). The licensee will be notified personally or by certified or registered mail of an administrative hearing (see 8 Ill. Adm. Code 515.150) to determine the disposition of the product. If, upon examination by the proper authorities, such product is found to be unwholesome or if licensee fails or refuses to correct food products that are improperly labeled or improperly packed, the Department shall confiscate and cause such product to be destroyed or designated for use other than human consumption where the condition of the product will permit such use.

History

• Source: Amended at 18 Ill. Reg. 14930, effective September 26, 1994

8 Ill. Adm. Code 515.140 Transportation and Transactions

No warehouseman shall transport, receive, or offer for transportation any product suspected of being unwholesome, improperly labeled, or improperly packed. All products received for storage shall be in compliance with the Illinois statutes.

History

• Source: Rules and Regulations Relating to Refrigerated Warehouses, filed August 1, 1974, effective August 12, 1974

8 Ill. Adm. Code 515.150 Administrative Hearings

All decisions and actions of the Department are subject to the Illinois Administrative Procedure Act [5 ILCS 100] and the Department's Administrative Rules (8 Ill. Adm. Code 1) which pertain to administrative hearings, petitions, proceedings, contested cases, declaratory rulings and availability of Department files for public access. Administrative hearings are governed by the Illinois Administrative Procedure Act and Subpart B of the Department's Administrative Rules. The final administrative decision of the Department (see 8 Ill. Adm. Code 1.75(k) and 1.340) shall be subject to Section 10-40 of the Act.

History

• Source: Amended at 18 Ill. Reg. 14930, effective September 26, 1994

Subchapter p Weights and Measures

Part 600 Weights and Measures Act

8 Ill. Adm. Code 600.1 National Institute of Standards and Technology Handbook 130

The Uniform Packaging and Labeling Regulation and the Uniform Regulation for the Method of Sale of Commodities in the National Institute of Standards and Technology Handbook 130, and any of its subsequent supplements or revisions, shall be the requirements and standards governing the packaging, labeling, and method of sale of commodities for this State, except insofar as specifically modified, amended, or rejected by regulation issued by the Director (Section 8 of the Weights and Measures Act [225 ILCS 470/8]). National Institute of Standards and Technology Handbook 130 is available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

The following sections of the Method of Sale of Commodities requirements shall not be adopted:

a) Section 1.2 (Bread),

b) Section 2.20 (Gasoline-Oxygenate Blends), and

c) Section 1.9.2 (Unit Price Advertising).

History

• Source: Amended at 19 Ill. Reg. 8114, effective June 7, 1995

8 Ill. Adm. Code 600.10 Definitions (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.20 Application (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

Chapter I Department of Agriculture

Subchapter p Weights and Measures

Part 600 Weights and Measures Act

8 Ill. Adm. Code 600.30 Identity (repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.40 Declaration of Identity: Nonconsumer Package (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.50 Declaration of Responsibility: Consumer and Nonconsumer Packages (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.60 Declaration of Quantity: Consumer Packages (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.70 Declaration of Quantity: Nonconsumer Packages (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.80 Prominence and Placement: Consumer Packages (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.90 Prominence and Placement: Nonconsumer Package (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.100 Requirements: Specific Consumer Commodities, Packages, Containers (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.110 Exemptions (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.120 Variations to be Allowed (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.130 Standards of Fill (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.140 Wholesale and Retail Exemption

The rules of Subpart A and the penalties assessed under the Act shall not apply to persons engaged in business as wholesale or retail distributors of packaged commodities except to the extent that such persons:

a) are engaged in the packaging or labeling of such commodities, or

b) prescribe or specify by any means the manner in which such commodities are packaged or labeled as to:

1. identity,

2. quantity,

3. responsibility.

8 Ill. Adm. Code 600.150 Revocation of Conflicting Regulations (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.160 Tables: Weights and Measures Standards for Illinois

a) Standard Weight Per Bushel for Agricultural Commodities. The director may by rule establish a standard weight per bushel for any agricultural commodity, and any such weight per bushel shall prevail when such commodity is contracted for, bought or sold, if no special contract or written and signed agreement exists to the contrary. The standard weight per bushel for agricultural commodities is shown in Table B.

b) The standard weights and measures for use in Illinois are shown in Tables C through G.

Chapter I Department of Agriculture

Subchapter p Weights and Measures

Part 600 Weights and Measures Act

8 Ill. Adm. Code 600.250 Roofing and Roofing Materials Shall Be Sold Either by the "square" or by the "square Yard." (repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.300 Vehicle Scales Regulation

a) Except for scales used for the enforcement of highway weight laws, all vehicle scales shall comply with the requirement of the National Institute of Standards and Technology Handbook 44, which is adopted in Section 8 of the Weights and Measures Act [225 ILCS 470/8] and shall, in addition, meet either 1, 2, 3 or 4 of the following requirements:

1. Pit Vehicle Scales – All pit vehicle scales shall be installed to comply with the following requirements:

A) The pit shall have a minimum depth of 32 inches to be measured from the bottom of the eyebeam to the floor of the pit.

B) Floor of the pit is to be constructed of concrete with drainage.

2. Low Profile Pitless Vehicle Scales – All low profile pitless vehicle scales shall be installed to comply with the following requirements:

A) A concrete pad shall be poured underneath the entire length and width of the scale at or above ground level.

B) The scale shall be installed to ensure that surface water will drain away from the scale area.

C) Clearance of at least four inches shall be provided from the bottom of the eyebeam to the top of the concrete pad of the underneath side of the scale.

D) Clearance of at least three feet shall be provided around the sides of the scale to ensure for proper cleaning and servicing.

3. Portable Pitless Vehicle Scales

A) Temporary Use of Scale – the scale may be used at the same facility for a period of not more than twelve months from the date of the initial state certification.

B) Limited Use of Scale – the scale shall be used only for the weighing of soil, gravel, sand, cement and other building materials.

C) State Test Required – a state scale test (Sections 10 and 30 of the Weights and Measures Act) is required prior to the use of the scale. This procedure is to be repeated each time the scale is moved.

4. Shallow Pit Vehicle Scales – Beginning May 1, 2015, all shallow pit vehicle scales shall be installed to comply with the following requirements:

A) A concrete floor shall be poured the entire length and width of the pit.

B) The scale pit shall be installed to ensure that water will drain at all times away from the entire scale pit area.

C) Clearance of at least four inches shall be provided from the bottom of the eyebeam to the top of the concrete pad on the underneath side of the scale.

D) Concrete walls with a clearance of a minimum of three feet shall be provided around the sides of the scale.

E) The top of the scale and concrete walls shall be level and at or above grade.

F) Grating or plating able to be removed for cleanout and inspections and solid enough to withstand normal foot traffic shall be placed over the three-foot space between the scale and outside concrete walls.

G) Scales shall be equipped with manufacturer approved rub rails.

H) All scales must be fully electronic.

b) Livestock Scales. Livestock scales shall comply with the requirements of National Institute of Standards and Technology Handbook 44 and regulations established by the U.S. Department of Agriculture, Packers and Stockyards Division.

c) National Institute of Standards and Technology Handbook 44 is available from the Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402.

d) Vehicle Scales: Department Approval Prior to Construction or Relocation

1. Department approval is required prior to construction or relocation. A Vehicle Scale Construction/Relocation Approval Application, provided by the Department, must be submitted by the owner/operator or facility manager and approved by the Department in writing before construction or relocation begins.

2. The application shall include, at a minimum, the following:

A) A construction or relocation plan for the vehicle scale.

B) Documentation verifying that the vehicle scale will comply with Section 600.300.

C) Signatures of the owner/operator or facility manager, as well as a representative from the Registered Service Company, certifying that the information and documentation included in the application is complete and accurate.

D) When necessary, any other information or documentation required by the Department (e.g., blueprints/maps from water, electric, phone, gas or petroleum companies; subsurface water table data; PERK test information; etc.).

3. The Department shall approve or deny an application in writing within 20 business days after the Department receives a complete application.

4. Notwithstanding any other penalties that may be imposed for violation of the Act or this Part, if an entity begins construction, installation or relocation of a vehicle scale without the Director's prior written permission, the Director shall order that all construction be halted until such time that a completed application is approved.

5. A Vehicle Scale Construction/Relocation Approval Application may be obtained at: http://www.agr.state.il.us/programs/consumer/w&m/index.html, or by contacting the Illinois Department of Agriculture, Bureau of Weights & Measures, P.O. Box 19281, Springfield IL 62794-9281, Phone (800) 582-0468 or (217) 785-8301.

e) Vehicle Scales: Variances

1. An applicant for the construction or relocation of a vehicle scale may request a variance from a construction requirement under this Section by submitting a Variance Request Application provided by the Department.

2. The variance application shall include, at a minimum, the following:

A) A detailed written justification for the variance from the owner/operator or facility manager. The justification shall demonstrate that the proposed variance is necessary due to special or unusual circumstances.

B) Any documentation supporting the justification (e.g., photos, maps, reports, studies, etc.).

C) When necessary, any other information or documentation required by the Department (e.g., blueprints/maps from water, electric, phone, gas or petroleum companies; subsurface water table data; PERK test information; etc.).

D) Signatures of the owner/operator or facility manager, as well as a representative from the Registered Service Company, certifying that the information in the application and any documentation included is accurate and correct.

3. The Department shall approve or deny a variance application in writing within 20 business days after the date the Department receives a complete application.

4. Notwithstanding any other penalties that may be imposed for a violation of the Act or this Part, if an entity needs a variance from a construction requirement of this Section, that entity shall not proceed with the affected part of the construction, installation or relocation until a variance request is submitted to the Department and the Department grants the variance.

5. A variance application may be obtained at: http://www.agr.state.

il.us/programs/consumer/w&m/index.html, or by contacting the Illinois Department of Agriculture, Bureau of Weights & Measures, P.O. Box 19281, Springfield IL 62794-9281, Phone (800) 582-0468 or (217) 785-8301.

f) All scales and associated equipment must have a Certificate of Conformance issued by the National Conference on Weights and Measures, National Type Evaluation Program, unless the devices were certified by the Department or the city sealer on or before July 1, 2012. This applies to all such devices, whether repaired or removed from service and installed at a different location in this State.

g) Vehicle Scale Condemnation

1. The Director shall condemn and may seize and have destroyed any vehicle scale and associated equipment found upon inspection not to be in compliance with the specifications, tolerances and regulations required by this Subpart C and not susceptible of satisfactory repair. Weights and measures rejected under the authority of the Director or a sealer remain subject to control of the rejecting authority until such time as suitable repair or disposition thereof has been made under this Section. The owners of the rejected weights and measures shall cause them to be rectified within 10 days or such longer period as may be authorized by the rejecting authority or may dispose of them but only in a manner specifically authorized by the rejecting authority.

2. The Director's decision to condemn a vehicle scale shall proceed as follows:

A) If a vehicle scale fails three successive inspections within the calendar year, the Director shall take the vehicle scale out of service and provide the owner/operator or facility manager of the vehicle scale notice of the Director's decision to seek condemnation. Notice of the Director's decision to seek condemnation shall be made by personal delivery or certified mail, return receipt requested.

B) Upon receipt of the Director's decision to seek condemnation, the owner/operator or facility manager may request in writing, to be received by the Director within 30 business days after receipt of the notice, that the Director schedule an inspection. Upon receipt of a request, the Director shall schedule an inspection, to be conducted within 30 business days after receipt of the request, by a qualified, unbiased person with sufficient knowledge, education and experience of the scale in question and approved by the Director and the scale owner/operator or facility manager. The qualified, unbiased person shall inspect the scale and provide a report explaining whether the scale does or does not meet the requirements of this Subpart C and, if applicable, if it is susceptible of satisfactory repair. All expenses for the requested inspection shall be paid for by the owner/operator or facility manager.

C) If the report from the qualified, unbiased person states that the scale is not in compliance yet is susceptible of satisfactory repair, the report must also explain what repairs must be performed. The owner/operator or facility manager shall repair the scale as expeditiously as possible. Upon completion of the repairs and notification in writing by the the owner/operator or facility manager to the Director, the Director shall have the scale inspected within 30 business days and, if it meets all of the requirements of this Subpart C, placed back into service. The Director's decision to seek condemnation shall terminate if the scale is placed back into service by the Director.

D) In the event that the scale fails the inspection after the required repairs are made due to specifications or tolerances, the scale shall be condemned and the owner/operator or facility manager notified in writing.

E) If the report states that the scale is not susceptible of satisfactory repair, the report must explain the reasons why the repairs cannot be performed. In that case, the scale shall be condemned and the owner/operator or facility manager notified in writing.

F) If no request is received by the Director to schedule an inspection by a qualified and unbiased person within 30 business days after receipt of the notice of condemnation, the scale shall be condemned and the owner/operator or facility manager notified in writing.

G) The Director's decision to condemn a vehicle scale shall be a final administrative decision of the Director subject to judicial review under the Administrative Review Law [735 ILCS 5/Art. III].

H) Copies of all reports generated under subsection (g) shall be provided to both the Director and the owner/operator or facility manager.

History

• Source: Amended at 39 Ill. Reg. 5349, effective March 26, 2015

Chapter I Department of Agriculture

Subchapter p Weights and Measures

Part 600 Weights and Measures Act

8 Ill. Adm. Code 600.310 Fees

The Director of Agriculture and each city sealer of weights and measures shall collect and receive fees for the use of the State or city as the case may be at the following rates. Per hour fee is charged for each hour or portion thereof.

DEVICE

DOLLARS PER HOUR

Scales by capacity

0-30 pounds

30

Scales by capacity

31-300 pounds

75

Scales by capacity

301-1000 pounds

112.50

Scales by capacity

1001-2000

225

Scales by capacity

2001+ pounds

300

Additional readouts

75

Railroad track scales per hour

187.50

Use of scale truck per hour

300

Belt conveyor scales per hour

150

Livestock scales

450

Motor fuel dispensers

up to 20 gpm

34.50

Motor fuel dispensers

20+ gpm

75

Motor fuel meters

up to 2¾"

150

Motor fuel meters

over 2¾"

300

LPG meters

247.50

Mass flow meters per hour

150

Grain moisture meters

150

Metrology lab fee per hour plus shipping

155

NTEP field lab per hour plus travel

155

History

• Source: Amended at 48 Ill. Reg. 14269, effective September 18, 2024

8 Ill. Adm. Code 600.320 Scales Used for the Enforcement of Highway Weight Laws

The following procedures will be used to determine the certification of scales used for the enforcement of highway weight laws. These procedures will determine if a scale(s) is to be certified or condemned. Theses rules supersede those published in the National Institute of Standards and Technology's Handbook 44.

a) A minimum build up test with known test weights shall be conducted as follows:

1. portable wheel load weigher scale – 10,000 pounds

2. all other scales – 20,000 pounds

A minimum of two known test weight loads shall be applied, normally at the capacity of test weight load and another at one half capacity of the test weight load to each scale.

b) A 40,000 pound minimum strain load test shall be conducted only on a vehicle scale, a scale that is adapted to weighing the entire vehicle at one time.

c) One decreasing load test shall be conducted at approximately one-half of test weight capacity. If multiple scales are used in combination, a decreasing load test shall be performed on at least one scale.

pounds

d) At least one repeatability test shall be conducted. Any errors found shall agree within the absolute value of the maintenance tolerance for that load, and shall be within applicable tolerance.

e) The tolerances to each of the above tests shall be those listed in the scale code of the latest edition of the National Institute of Standards and Technology's Handbook 44.

f) All new scales and associated equipment must have a certificate of conformance issued by the National Type Evaluation Program.

g) Electronic indicating elements equipped with recording elements shall be equipped with effective means to permit the recording of weight values only when the indication is stable within plus or minus three scale divisions.

h) The maximum scale division shall be 100 pounds.

i) For axle, portable axle, and wheel load weigher scales, a vehicle must be in a reasonably level condition at the time the weight is being determined. Reasonably level means the vehicle must remain stationary during weighing without the use of any braking force.

j) For all other scales used to determine the weight of axles when part of the truck is not resting on a scale, the vehicle must be in a reasonably level condition at the time the weight is being determined.

k) All scales used for the enforcement of highway weight laws shall be certified at least once every twelve months.

l) Any registered serviceperson of the Illinois Department of Agriculture has the authority to place into service scales used for the enforcement of highway weight laws if the serviceperson conforms to the procedures listed above.

History

• Source: Amended at 23 Ill. Reg. 8813, effective July 26, 1999

8 Ill. Adm. Code 600.330 National Institute of Standards and Technology Handbook 44

Specifications, tolerances, and regulations for commercial weighing and measuring devices recommended by the National Institute of Standards and Technology and published in National Institute of Standards and Technology Handbook 44 and supplements thereto or in any publication revising or superseding Handbook 44 shall be the specifications, tolerances, and regulations for commercial weighing and measuring devices of this State, except insofar as specifically modified, amended, or rejected by a regulation issued by the Director (Section 8 of the Weights and Measures Act [225 ILCS 470/8]). National Institute of Standards and Technology Handbook 44 is available from the Superintendent of Documents, U.S. Government Printing Office, Washington DC 20402. The following sections of the National Institute of Standards and Technology's Handbook 44 shall not be adopted unless a different implementation date is specified:

a) UR.2.2. Ticket Printer; Customer Ticket in Sec. 3.31 Vehicle-Tank Meters User Requirements; however, section 3.31 shall be deemed adopted starting April 1, 2016.

b) Sec. 5.56.(a) Grain Moisture Meters. Sec. 5.56.(a) shall be effective January 1, 2000. The applicability date for Section 5.56.(b) Grain Moisture Meters is extended until the implementation of Sec. 5.56.(a).

History

• Source: Amended at 39 Ill. Reg. 5349, effective March 26, 2015

8 Ill. Adm. Code 600.350 General (repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.360 Testing and Inspection (repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.370 Rejected Moisture Testing Devices (repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.380 Use of Moisture Measuring Devices (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.450 Policy (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.460 Definitions (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.470 Certificate of Registration (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.480 Types of Certificates (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.490 Examinations (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.500 Exemptions (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.510 Registration Fee (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.520 Reports (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.530 Bonds (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.540 Standards and Testing Equipment (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.550 Revocation of Certificate of Registration (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.560 Publication of Lists (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

Chapter I Department of Agriculture

Subchapter p Weights and Measures

Part 600 Weights and Measures Act

8 Ill. Adm. Code 600.650 Use of Gasoline Pumps Which Are Not Capable of Computing the Prices Which Exceed 99.9¢ Per Gallon (repealed)

History

• Source: Repealed at 28 Ill. Reg. 15456, effective November 22, 2004

8 Ill. Adm. Code 600.660 Retail Liquid Petroleum Pumps Accurately Marked: Liters or Gallons

All retail liquid petroleum pumps shall be accurately marked with its deliveries in terms of either liters or gallons:

a) Liters:

1. Liters, decimal subdivisions of the liter

2. The selling price per liter

3. The total selling price OR

b) Gallons:

1. Gallons, decimal subdivisions of the gallon

2. The selling price per gallon

3. The total selling price

History

• Source: Amended at 28 Ill. Reg. 15456, effective November 22, 2004

Chapter I Department of Agriculture

Subchapter p Weights and Measures

Part 600 Weights and Measures Act

8 Ill. Adm. Code 600.670 System Used to Sell Petroleum Product

When a petroleum retailer sells a petroleum product by either the inch pound or metric system as defined by the National Institute of Standards and Technology, only that system shall apply to all metering pumps at the facility.

History

• Source: Amended at 19 Ill. Reg. 8114, effective June 7, 1995

8 Ill. Adm. Code 600.680 Unit Price Per Gallon Displayed (Repealed)

History

• Source: Amended at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.690 Price of Gasoline (Repealed)

History

• Source: Repealed at 28 Ill. Reg. 15456, effective November 22, 2004

8 Ill. Adm. Code 600.700 Unit Price Indicator: Set at One-Half Total Selling Price (Repealed)

History

• Source: Repealed at 28 Ill. Reg. 15456, effective November 22, 2004

Chapter I Department of Agriculture

Subchapter p Weights and Measures

Part 600 Weights and Measures Act

8 Ill. Adm. Code 600.710 Decals or Stickers Affixed to the Pump Face (repealed)

History

• Source: Repealed at 28 Ill. Reg. 15456, effective November 22, 2004

8 Ill. Adm. Code 600.720 Information Sign Indicating Half Gallon Pricing of Gasoline (repealed)

History

• Source: Repealed at 28 Ill. Reg. 15456, effective November 22, 2004

8 Ill. Adm. Code 600.730 Conversion Kits or Replacement Pumps: Deadline (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

Chapter I Department of Agriculture

Subchapter p Weights and Measures

Part 600 Weights and Measures Act

8 Ill. Adm. Code 600.740 Three-Wheel Computers Prohibited

Effective July 1, 1980, the commercial use of petroleum metering devices equipped with three-wheel computers will be prohibited.

History

• Source: Amended at 3 Ill. Reg. 45, p. 72, effective October 29, 1979

8 Ill. Adm. Code 600.750 One-Half Gallon Pricing Applicable to All Metering Pumps at Facility (repealed)

History

• Source: Repealed at 28 Ill. Reg. 15456, effective November 22, 2004

8 Ill. Adm. Code 600.760 Stop Use Order; Hearing

Failure of any person to comply with the rules as set forth in this Subpart concerning the advertising and sale of liquid petroleum products shall be cause to place a stop use on all liquid petroleum distribution pumps affected by such violation. The Department shall, within 10 days after placing a stop use, afford the person or persons affected by this stop use a hearing to show cause why the stop use should not be permanent.

History

• Source: Amended at 3 Ill. Reg. 45, p. 72, effective October 29, 1979

8 Ill. Adm. Code 600.770 Maintenance of Equipment

As used in G-UR.4.1 (Maintenance of Equipment) of the National Institute of Standards and Technology Handbook 44, which is adopted in Section 8 of the Act, for purposes of this Subpart, "predominantly" means as follows:

a) The majority of the devices are found to be in error in a direction favorable to the device user and the average error of all devices is in favor of the device user by more than one-half maintenance tolerance; or

b) The average error of any single product or grade is in favor of the device user by more one-half maintenance tolerance.

History

• Source: Added at 32 Ill. Reg. 17674, effective November 1, 2008

Chapter I Department of Agriculture

Subchapter p Weights and Measures

Part 600 Weights and Measures Act

8 Ill. Adm. Code 600.800 Price Per Gallon or Liter in Advertisement

Petroleum product retailers in Illinois shall, if they elect to advertise the unit price of their petroleum products (curb, storefront, billboard, etc.), display the price per gallon or liter. The advertised price shall equal the computer price setting shown on the liquid petroleum metering pumps.

History

• Source: Amended at 28 Ill. Reg. 15456, effective November 22, 2004

8 Ill. Adm. Code 600.810 Height and Width of Numbers

On a price advertising sign, the whole numbers shall not be less than 6 inches in height and not less than ⅜ inch in stroke.

History

• Source: Amended at 28 Ill. Reg. 15456, effective November 22, 2004

8 Ill. Adm. Code 600.820 Advertised Price Complete

If the retailer elects to advertise the price per gallon or liter of a liquid petroleum product, the price must be complete without any missing numerals in the price. In accordance with the provisions of the Gasoline Price Advertising Act (Ill. Rev. Stat. 1991, ch. 121½, pars. 861 et seq.) [720 ILCS 305], all taxes and the identity of the product must be included with the price in any such advertisement. In addition, the unit measure shall also be a part of such advertisement.

History

• Source: Amended at 18 Ill. Reg. 14692, effective September 13, 1994

8 Ill. Adm. Code 600.830 Advertising Other Commodities; Misleading Advertising Prohibited

The advertising of other commodities offered for sale by petroleum retailers in such a way as to mislead the public with regard to petroleum product pricing shall be prohibited.

History

• Source: Amended at 3 Ill. Reg. 45, p. 72, effective October 29, 1979

8 Ill. Adm. Code 600.840 Product Identity and Type of Service

Declarations of product identity, (regular, unleaded, etc.) and type of service offered (full-service, self-service, etc.) shall be clearly and prominently displayed in a manner not misleading to the public.

History

• Source: Amended at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.850 Advertisement of Price Not Required Except on Pump

Nothing in this Subpart shall be deemed to require that the price per gallon or liter of any grade or kind of liquid petroleum product sold on the station premises be displayed or advertised, except on the liquid petroleum metering distribution pumps.

History

• Source: Amended at 3 Ill. Reg. 45, p. 72, effective October 29, 1979

8 Ill. Adm. Code 600.860 Stop Use Order; Hearing

Failure of any person to comply with the rules as set forth in this Subpart concerning the advertising and sale of liquid petroleum products shall be cause to place a stop use on all liquid petroleum distribution pumps affected by such violation. The Department shall, within 10 days after placing a stop use, afford the person or persons affected by this stop use a hearing to show cause why the stop use should not be permanent.

History

• Source: Amended at 3 Ill. Reg. 45, p. 72, effective October 29, 1979

8 Ill. Adm. Code 600.TABLE A Minimum Height of Numbers and Letters (Repealed)

History

• Source: Repealed at 12 Ill. Reg. 8306, effective May 3, 1988

8 Ill. Adm. Code 600.TABLE B Standard Weight Per Bushel for Agricultural Commodities

(Sec. 152 of the Weights & Measures Act)

Alfalfa Seed

Per Bushel

60 Pounds

Apples, Green

Per Bushel

47 Pounds

Apples, Dried

Per Bushel

24 Pounds

Barley

Per Bushel

48 Pounds

Beans, Green or String

Per Bushel

24 Pounds

Beans, Soy

Per Bushel

60 Pounds

Beans, Wax

Per Bushel

24 Pounds

Beans, White

Per Bushel

60 Pounds

Beets

Per Bushel

60 Pounds

Blue Grass Seed

Per Bushel

14 Pounds

Bran

Per Bushel

20 Pounds

Buckwheat

Per Bushel

52 Pounds

Carrots

Per Bushel

50 Pounds

Charcoal

Per Bushel

20 Pounds

Clover Seed

Per Bushel

60 Pounds

Corn Seed, Broom

Per Bushel

48 Pounds

Corn Meal, Unbolted

Per Bushel

48 Pounds

Corn, in the ear

Per Bushel

70 Pounds

Corn, Kaffir

Per Bushel

56 Pounds

Corn, Shelled

Per Bushel

56 Pounds

Cotton Seed

Per Bushel

32 Pounds

Cranberries

Per Bushel

33 Pounds

Cucumbers

Per Bushel

48 Pounds

Emmer

Per Bushel

40 Pounds

Flax Seed

Per Bushel

56 Pounds

Gooseberries

Per Bushel

40 Pounds

Hemp Seed

Per Bushel

44 Pounds

Hickory Nuts

Per Bushel

50 Pounds

Hungarian Grass Seed

Per Bushel

50 Pounds

Lime

Per Bushel

80 Pounds

Malt

Per Bushel

34 Pounds

Millet

Per Bushel

50 Pounds

Millet, Japanese Barnyard

Per Bushel

35 Pounds

Oats

Per Bushel

32 Pounds

Onions

Per Bushel

57 Pounds

Onion Sets, Top

Per Bushel

30 Pounds

Onion Sets, Bottom

Per Bushel

32 Pounds

Orchard Grass Seed

Per Bushel

14 Pounds

Osage Orange Seed

Per Bushel

33 Pounds

Parsnips

Per Bushel

50 Pounds

Peaches, Dried

Per Bushel

33 Pounds

Peanuts, Green

Per Bushel

22 Pounds

Pears

Per Bushel

58 Pounds

Peas, Dried

Per Bushel

60 Pounds

Peas, Green in pod

Per Bushel

32 Pounds

Popcorn, in the ear

Per Bushel

70 Pounds

Popcorn, shelled

Per Bushel

56 Pounds

Potatoes, Irish

Per Bushel

60 Pounds

Potatoes, Sweet

Per Bushel

50 Pounds

Quinces

Per Bushel

48 Pounds

Rape Seed

Per Bushel

50 Pounds

Red Top Seed

Per Bushel

14 Pounds

Rough Rice

Per Bushel

45 Pounds

Rutabagas

Per Bushel

50 Pounds

Rye Meal

Per Bushel

50 Pounds

Rye

Per Bushel

56 Pounds

Shorts

Per Bushel

20 Pounds

Sorghum Seed

Per Bushel

50 Pounds

Spelt

Per Bushel

40 Pounds

Spinach

Per Bushel

12 Pounds

Sweet Clover Seed Unhulled

Per Bushel

33 Pounds

Timothy Seed

Per Bushel

45 Pounds

Tomatoes

Per Bushel

56 Pounds

Turnips

Per Bushel

55 Pounds

Walnuts

Per Bushel

50 Pounds

Wheat

Per Bushel

60 Pounds

8 Ill. Adm. Code 600.TABLE C Illinois Standard Weights and Measures

United States Linear Measure

12 inches (in.) = 1 foot (ft.)

3 ft. = yard (yd.) = 36 inches

5½ yards = 1 rod (rd.) = 16½ feet

320 rods = 1 mile (mi.) = 1760 yards = 5,280 feet

Chain Measure (Gunter's or Surveyor's Chain)

7.92 inches = 1 link (li.)

100 li. = 1 chain (ch) = 66 feet

80 ch. = 1 mile (mi)

The engineer's chain is 100 feet long and consists

of 100 links of 12 inches each. 52.8 chains = 1 mile.

Square Measure

144 square inches (sq. in.) = 1 square foot (sq. ft.)

9 sq. ft. = 1 sq. yard (sq. yd.)

30¼ sq. yard = 1 square rod (sq. rd.) = 272¼ sq. ft.

160 sq. rd. = 1 acre (a) = 4,840 sq. yd. = 43,560 sq. ft.

Surveyor's Measure

625 square links (sq. li.) = 1 square rod (sq. rd.)

16 sq. rods = 1 square chain (sq. ch.)

10 sq. ch. = 1 acre (a)

640 a. = 1 square mile (sq. mi.)

36 sq. mi. (6 mi. sq.) = 1 township (tp.) = 2,304 a.

Cubic Measure

1728 cubic inches (cu. in.) = 1 cubic foot (cu. ft.)

27 cu. ft. = 1 cubic yard (cu. yd.)

United States Liquid Measure

4 gills (gi) = 1 pint (pt)

2 pt. = 1 quart (qt) = 8 gills

4 qt. = 1 gallon (gal.) = 8 pints = 32 gills

31½ gal. = 1 barrel (bbl) = 126 quarts.

2 bbl. = 1 hogshead (hhd) = 63 gallons = 252 quarts.

Apothecaries' Fluid Measure

60 minims (m.) = 1 fluid dram (fl. dr.)

8 fl. dr. = 1 fluid ounce (fl. oz.) = 480 minims

16 fl. oz. = 1 pint (0) = 128 fl. dr. = 7,680 m.

8 0. = 1 gallon (cong.) = 128 fl. oz. = 1,024 fl. dr.

U.S. Dry Measure

2 pints (pt.) = 1 quart (qt.)

8 qt. = 1 peck (pk) = 16 pints

4 pk. = 1 bushel (bu.) = 32 quarts = 64 pints

105 quarts = 1 barrel (for fruits and vegetables) = 7,056 cubic inches.

Avoirdupois Weight

27 11/32 grains (gr.) = 1 dram (dr.)

16 dr. = 1 ounce (oz.) = 437½ grains

16 oz. = 1 pound (lb.) = 156 drams = 7000 grains

100 lbs. = 1 hundred weight (cwt.) = 1600 ounces

20 cwt. = 1 ton (t.) = 2,000 pounds

Troy Weight

24 grains (gr.) 1 pennyweight (dwt.)

20 dwt. = 1 ounce (oz.) = 480 grains

12 oz. = 1 pound (lb.) = 240 dwt. = 5,760 gr.

Apothecaries' Weight

20 grains (gr.) = scruple

3 scruples = 1 dram = 60 grains

8 drams = 1 ounce = 24 scruples = 480 grains

12 ounces = 1 pound (lb.) = 96 drams = 288 scruples =

5,760 grains

The Metric System

The metric system is based on a unit of length (the meter.). A cubic box one-tenth of a meter on the side has the unit of capacity, a liter, and the water contained in a liter weighs one kilogram. The unit of weight, the gram, in the metric system is the weight of water contained in a cubical box one-hundredth of a meter on a side. (Note: These values are not precisely correct but hold for all but the most refined measurements.)

The entire system is then built up by multiplying or dividing the unit by ten, one hundred and one thousand, using always the same prefix to indicate what the unit is multiplied or divided by, thus:

milli means 1/1000 or divided by 1000

centi means 1/100 or divided by 100

deci means 1/10 or divided by 10

deka means 10 or multiplied by 10

hecto means 100 or multiplied by 100

kilo means 1000 or multiplied by 1000

The tables then become:

Length

10 milli-meters = 1 centi-meter

10 centi-meters = 1 deci-meter

10 deci-meters = 1 meter

10 meters = 1 deka-meter

10 deka-meters = 1 hecto-meter

10 hecto-meters = 1 kilo-meter

Weight

10 milli-grams = 1 centi-gram

10 centi-grams = 1 deci-gram

10 deci-grams = 1 gram

10 grams = 1 deka-gram

10 deka-grams = 1 hecto-gram

10 hecto-grams = 1 kilogram

Capacity

10 milli-liters = 1 centi-liter

10 centi-liters = 1 deci-liter

10 deci-liters = 1 liter (1 cubic deci-meter)

10 liters = 1 deka-liter

10 deka-liters = 1 hecto-liter

10 hecto-liters = 1 kilo-liter

Area

100 sq. meters = 1 are.

100 are. = 1 hectare

100 hectares = 1 sq. kilometer

In the metric system there is but one standard of weight, one standard of measure for liquids and dry commodities alike, and but one standard of length.

History

• Source: Amended at 22 Ill. Reg. 1141, effective January 1, 1998

8 Ill. Adm. Code 600.TABLE D Equivalents: Cubic Inches in U.S. Standard Capacity Measures

Liquid Measure

1 gallon contains 231 cu. in.

½ gallon contains 115.5 cu. in.

1 quart contains 57.75 cu. in.

1 pint contains 28.875 cu. in.

½ pint contains 14.437 cu. in.

1 gill contains 7.218 cu. in.

1 fluid oz. contains 1.804 cu. in.

1 dram contains .225 cu. in.

Dry Measure

1 bushel contains 2150.42 cu. in.

½ bushel contains 1075.21 cu. in.

1 peck contains 537.60 cu. in.

½ peck contains 268.80 cu. in.

¼ peck contains 134.40 cu. in.

1 quart contains 67.20 cu. in.

1 pint contains 33.60 cu. in.

½ pint contains 16.80 cu. in.

Weights

1 grain = 64.799 milligrams

1 milligram = 0.01543 grains

1 ounce av. = 28.35 grams

1 ounce troy = 31.1035 grams

1 gram = 15.432 grains.

1 pound av. = 0.45359 kilograms

1 kilogram = 2.2046 pounds av.

1 ton = 907.185 kilograms

1 long ton = 1016 kilograms

1 metric ton = 2204.62 pounds av.

1 caret = 200 milligrams = 3.0865 grains

Capacity

1 cu. inch = 4.43 fl. dr. = 16.387 ml.

1 milliliter = 0.061 cu. in.

1 cu. foot = 7.48 gal. = 0.8035 bu. (U.S.)

1 cu. yard = 21.696 bu. (U.S.) = 0.765 cu. meter

1 fl. dr. = 0.2256 cu. in. = 3.6966 ml.

1 fl. oz. = 1.8047 cu. in. = 29.573 ml.

1 qt. liq. = 57.75 cu. in. = 0.9463 liter

1 qt. dry = 67.2 cu. in. = 1.1012 liters

1 liter = 1.0567 qt. liq. = 0.9081 qt. dry

1 gallon (U.S.) = 231 cu. in. = 3.7853 liters

1 gallon British = 1.2009 U. S. gal.

1 bushel = 2150.42 cu. in. = 1.2445 cu. ft.

1 hectoliter = 26.42 gal. = 2.84 bushels (U.S.)

1 cu. yd. = 21.696 bushels (U.S.) = 0.765 cu. meters

1 cu. meter = 1.308 cu. yards

Extension

1 inch = 2.54 centimeters

1 centimeter = 0.3937 inch

1 foot = 3.048 decimeters

1 yard = 0.9144 meters

1 meter = 39.37 inches = 1.0936 yards

1 mile (statute) = 1.6093 kilometers

1 kilometer = 0.62137 mile (statute)

1 nautical mile = 6080.2 feet = 1.1515 statute miles

Area

1 acre = 0.40469 hectare

1 acre = 119.6 sq. yards = 0.02471 acre

1 hectare = 2.471 acres

1 square inch = 6.4516 sq. cm.

1 square centimeter = 0.155 sq. in.

Additional Equivalents

1 gallon water = 8.323 lbs. av.

1 gallon milk (S.G. 1.032) = 8.59 lbs. av.

1 gallon 15% cream = 8.42 lbs. av.

1 gallon 40% cream = 8 lbs. av.

1 perct of masonry = 24.75 cu. ft. (16½ x 1½ x 1)

25 lb. cake of ice = 10 x 10 x 7½ inches

50 lb. cake of ice = 10 x 12 x 12½ inches

Chapter I Department of Agriculture

Subchapter p Weights and Measures

Part 600 Weights and Measures Act

8 Ill. Adm. Code 600.TABLE E Weights of Coal Per Cubic Foot

(Table prepared by U. S. National Institute of Standards and Technology)

Anthracite

White Ash

Red Ash

Egg

57.0

53.0

Stove

56.5

52.5

Nut

55.5

52.0

Pea

53.5

51.0

Buckwheat

53.0

50.5

Bituminous

Weights vary from 47 to 55 pounds per cubic foot.

Cubic Feet Per Ton of Coal (Based upon above table).

White Ash

Red Ash

Egg

35.09

37.73

Stove

35.59

38.09

Nut

36.03

38.46

Pea

37.38

39.21

Buckwheat

37.73

39.60

History

• Source: Amended at 19 Ill. Reg. 8114, effective June 7, 1995

8 Ill. Adm. Code 600.TABLE F Equivalents to Be Used by Seller in Transposing Weights

Leverage or multiplication of scale 1 to 1.

1 dwt. = 1 scruple 4 gr.

2 dwt. = 2 scruples 8 gr.

3 dwt. = 1 dr. 12 gr.

4 dwt. = 1½ dr. 6 gr.

5 dwt. = 2 dr.

6 dwt. = 2 dr. 1 scruple 4 gr.

7 dwt. = 2 dr. 2 scruples 8 gr.

8 dwt. = 3 dr. 12 gr.

9 dwt. = 3½ dr. 6 gr.

10 dwt. = 4 dr.

20 dwt. = 1 oz. av. + 2 scruples + 2.5 gr.

2 oz. T. = 2 oz. av. + ⅛ oz. + 1/16 oz. + 3 gr.

4 oz. T. = 4 oz. av. + ¼ oz. + ⅛ oz. + 6 gr.

8 oz. T. = 8 oz. av. + ½ oz. + ¼ oz. + 12 gr.

1 lb. T. = 12 oz. av. + ⅛ oz. + 1.8 gr.

Leverage or multiplication of scale, 1 to 100

49 lb. flour weight

=

7 oz. av. + ½ oz. + ¼ oz. + 1/16 oz. + 12. gr.

98 lb. flour weight

=

15 oz. av. + ½ oz. + 1/8 oz. + 24 gr.

196 lb flour weight

=

1 lb. av. + 15 oz. + ¼ oz. + 1/16 oz. + 20.8 gr.

60 lb. wheat weight

=

9 oz. av. + ½ oz. + 1/16 oz. + 16.4 gr.

120 lb. wheat weight

=

1 lb. av. + 3 oz. + ⅛ oz. + 1/16 oz. + 5.4 gr.

180 lb. wheat weight

=

1 lb. av. + 12 oz. + ½ oz. + ¼ oz. + 21.9 gr.

300 lb. wheat weight

=

3 lb. av.

600 lb. wheat weight

=

6 lb. av.

Leverage or multiplication of scale, 1 to 55⅓

24 lb. weight = 7 oz. av. + ⅛ oz. + 1/16 oz. + 5.5 gr.

40 lb. weight = 12 oz.

80 lb. weight = 1 lb. 8 oz.

Leverage or multiplication of scale, 1 to 66 ⅔

30 lb. weight = 7 oz. av. + ⅛ oz. + 1/16 oz. + 5.5 gr.

50 lb. weight = 12 oz.

100 lb. weight = 1 lb. 8 oz.

History

• Source: Amended at 22 Ill. Reg. 1141, effective January 1, 1998

8 Ill. Adm. Code 600.TABLE G Measurement of Surfaces and Volumes

To find the capacity of a rectangular box or bin: Multiply the length by the breadth by the depth or height. The three dimensions must be in the same units.

Example: A bin is 6 ft. wide, 5 ft. 6 in. deep and 8 ft. 3 in. long. Its capacity is 6 x 5½ x 8¼ = 272¼ cubic feet.

To find the capacity of a cylindrical measure or box, or bin: Multiply the diameter by the diameter by 3.1416 by the height and divide by 4. Example: If a cylindrical measure is 13 inches in diameter and 6 inches in depth, its capacity is (13 x 13 x 3.1416 x 6) - 4 = 796.39 cubic inches.

To find the approximate capacity of a barrel of dimensions different from those given in the statutes by measuring the mean diameter and depth. Example: A barrel is 25 inches between the heads inside. The inside diameter of the top and bottom is 18 inches and the inside diameter at the center is 20 inches. Find the capacity. The average diameter is approximately ½ of the diameter of the ends and of the center, or (18" + 20") divided by 2 = 19 inches. Then proceed as in the case of a cylinder. (19 x 19 x 3.1416 x 25) divided by 4 = 7088.2 cu. in.

To find the approximate capacity of a berry box which has sloping sides: Add the area at the top to the area of the bottom, divide this sum by two and multiply the quotient by the depth.

Circumference of a circle = diameter x 3.1416

Area of a circle = ½ diameter x ½ circumference = square of radius x 3.1416

Area of a parallelogram = base x altitude

Area of triangle = ½ base x altitude (perpendicular)

Area of a regular polygon = ½ the perimeter x perpendicular to one of sides

Volume of pyramid = area of base x ⅓ of the altitude

Volume of a prism = area of its base x its altitude

Volume of a frustrum of a pyramid = (area of sum of two bases + mean proportional between them) x ⅓ of the altitude. (Mean proportional between two numbers = square root of their product.)

Volume of a cone = area of base x ⅓ of the altitude

Volume of the frustrum of a cone = (area of sum of two bases = a mean proportional between them) x ⅓ of the altitude. (Mean proportional between two numbers = square root of their product.)

Surface of a sphere = diameter x circumference of a great circle.

Volume of a sphere = area of surface x ⅓ of its radius.

Chapter I Department of Agriculture

Subchapter q Soil and Water Conservation

Part 650 Soil and Water Conservation Districts Act

8 Ill. Adm. Code 650.10 Preamble

a) The intent of the Erosion and Sediment Control Program in Illinois is to apply conservation systems and practices to Illinois land to seek to reduce soil losses from erosion to acceptable levels. This program goal is to reduce soil erosion on all land regardless of its use or the soil type to "T" value as established by the Soil Conservation Service as published in the United States Department of Agriculture, Soil Conservation Service Technical Guide as adopted by the Department on December 1, 1981, and filed with the Secretary of State.

b) The maximum allowable soil loss limits are those established in 8 Ill. Adm. Code Sections 650.30, 650.40 and 650.50. However, a district may adopt in their program standards more stringent than the State program.

History

• Source: Amended at 6 Ill. Reg. 5482, effective April 15, 1982

8 Ill. Adm. Code 650.20 Definitions

a) The terms shall have the meanings ascribed to them as follows:

"Act" means the Soil and Water Conservation Districts Act, Illinois Revised Statutes, Chapter 5, Paragraph 106 et seq.

"Conservation tillage" means the use of tillage methods that leave a protective cover of crop residue at the surface after planting.

"Construction site" means an area currently undergoing the erection, alteration, repair, renovation, demolition or removal of any building or structure, or the clearing, stripping, excavating, filling or grading of an area.

"Non-agricultural lands" means lands in public parks, highways, urban areas, public and private recreation areas, streets, country roads, industrial parks, airports and other such public and private lands.

"Schedule for compliance" is a voluntary written agreement between the person(s) violating the soil erosion and sediment control program and standards and the Department or district specifying the nature and timing of actions to be undertaken to correct the erosion problem.

"Soil loss" is defined as the soil moved off a particular segment of land. Soil loss does not mean the soil has been completely removed.

"Soils technician" is a person who has knowledge of soils and the conservation methods and procedures for various types of soils and land uses and can accurately determine the amount of soil loss.

"Stream bank erosion" is a type of non-agricultural gully erosion along rivers and streams.

"T values" means the average annual tons per acre soil loss a given soil may experience and still maintain its productivity over an extended period of time. Both physical and economic factors are considered.

"Universal Soil Loss Equation" a formula which identifies the factors upon which the rate of soil erosion depends and is used to predict average annual soil losses from specific soils.

b) The definitions for terms that describe various conservation practices and identify various types of soil erosion shall be as defined in the Soil Conservation Service Technical Guide (United States Department of Agriculture, Soil Conservation Service, Field Offices in Illinois).

History

• Source: Amended at 6 Ill. Reg. 5482, effective April 15, 1982

8 Ill. Adm. Code 650.30 Soil Loss Standards; Agricultural Land

a) All conservation systems and practices applied to agricultural land in the State of Illinois shall seek to reduce soil losses to levels at or below "T" values.

b) The soil loss tolerance as established by the Soil Conservation Service and as published in the Soil Conservation Service Technical Guide (United States Department of Agriculture, Soil Conservation Service, Field Offices in Illinois) are adopted as the official "T" values for soils of Illinois.

c) Effective January 1, 1983 to January 1, 1988 all land subject to this program shall not be considered out of compliance with the State program if the long term annual soil losses are kept at or below four "T" value.

d) Effective January 1, 1988, and thereafter, no soil erosion losses on gently sloping land, not exceeding 5 percent slope, shall exceed "T" value provided this can be accomplished through conservation tillage. All other land subject to this program shall be considered in compliance with the State program if the long term annual soil losses are kept at or below double "T" during the period January 1, 1988 to January 1, 1994.

e) Effective January 1, 1994 to January 1, 2000, all land greater than 5% slope subject to this program shall be considered in compliance with the State program if the long term annual soil losses are kept at or below one and one-half "T" value.

f) Effective January 1, 2000, and thereafter, all land subject to the Act shall meet "T" value.

g) If a district adopts in its program soil loss limits more stringent than those as set forth in this rule, then those standards shall prevail for all agricultural land within that district.

History

• Source: Amended at 6 Ill. Reg. 5482, effective April 15, 1982

8 Ill. Adm. Code 650.40 Soil Loss Standards; Stream Bank

Studies have not yet been able to accurately determine what part of the stream sediment load is attributable to stream bank erosion and what part comes from non-point sources of erosion. While the Department will encourage all conservation measures and practices to minimize stream bank erosion, more research needs to be done before the feasibility of and the responsibility for controlling stream bank erosion can be determined. Therefore, the standards set in 8 Ill. Adm. Code Section 650.30 do not apply to stream bank erosion.

8 Ill. Adm. Code 650.50 Soil Loss Standards; Non-Agricultural Land and Construction Sites

a) The productive capacity of soils is not the major concern on non-agricultural land and construction sites. However, in the interest of controlling excessive erosion and maintaining water quality, the following principles shall be met:

1. The smallest practical area of land shall be exposed at any one time during development.

2. When land is exposed during the development, the exposure shall be kept to the shortest practicable period of time.

3. Natural features which enhance erosion control such as trees, groves, waterways, and other similar resources shall be preserved whenever possible.

4. The development shall be fitted to the topography and soils to create the least erosion potential.

5. Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development.

6. Permanent final vegetation and structures shall be installed as soon as practicable.

7. Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development.

8. Sediment shall be reasonably retained on the site.

b) Section 3.12 of the Soil and Water Conservation District Act excludes minor activities such as home gardens, individual home landscaping, repairs, maintenance or any plat of subdivision approved by municipal or county units of government from meeting the soil loss standards for non-agricultural land and construction sites.

History

• Source: Amended at 6 Ill. Reg. 5482, effective April 15, 1982

8 Ill. Adm. Code 650.60 Determining Erosion Rates; the Universal Soil Loss Equation

The Universal Soil Loss Equation shall be used to predict the rate of soil erosion loss or to predict the rates of soil erosion losses expected under different land uses or treatments. Technical Notes for Illinois as prepared by the Soil Conservation Service (United States Department of Agriculture, Field Offices in Illinois) in cooperation with the Agricultural Research Service and the State Experiment Stations contain the Universal Soil Loss Equation and the information and data necessary to properly compute the equation and is hereby adopted as the official method of computing the erosion rate.

8 Ill. Adm. Code 650.70 Conservation Practices and Measures

Conservation practices as established for various land uses by the Soil Conservation Service and as published in the Soil Conservation Service Technical Guide or similar conservation practices as developed and published by the Department are hereby adopted as the recommended conservation practices for various land uses.

8 Ill. Adm. Code 650.80 Qualifying for Cost-Sharing Funds

In order to qualify for cost-sharing funds in accordance with Section 39 of the Act, enduring erosion and sediment control devices, structures and practices must be constructed and/or conform with the procedures established in the Soil Conservation Service Technical Guide (United States Department of Agriculture, Soil Conservation Service, Field Offices in Illinois) or similar procedures developed and published by the Department.

8 Ill. Adm. Code 650.90 Cost-Sharing Rates for Enduring Erosion and Sediment Control Devices, Structures and Practices

The cost-sharing rates for enduring erosion and sediment control devices, structures and practices shall not exceed 75% for any practice funded under the provisions of the regulations, or the rate set annually by the Department for that practice whichever is less. Any District may set a lower cost-sharing rate than that specified in this section. The eligible practices and the cost-sharing rates will be set annually by the Department. The practices contained herein are those that may be eligible for cost-sharing.

a) Permanent Vegetative Cover Establishment

b) Terrace Systems

c) Diversions

d) Permanent Vegetative Cover on Problem Areas

e) Sediment Retention, Erosion or Water Control Structures

f) Conservation Tillage Systems

g) Sod Waterways

h) Contour Stripcropping

i) Stream or Lake Protection

j) Contouring

History

• Source: Amended at 6 Ill. Reg. 5482, effective April 15, 1982

8 Ill. Adm. Code 650.180 Refund Provision; Act of God

In regard to the cost-share money, a refund provision shall not apply to a system, cover or practice destroyed due to an act of God.

History

• Source: Amended at 6 Ill. Reg. 5482, effective April 15, 1982

8 Ill. Adm. Code 650.190 Annual Cost-Sharing Participating Schedule

a) The practices, policies, specifications, components eligible for cost-sharing, the maximum cost allowed for each component and the cost-share rate for each enduring practice, structure or device shall be established annually by the Department and published in a Cost-Sharing Participating Schedule. The State cost-sharing rate shall not exceed the cost-sharing rate allowed for each component. No cost-sharing funds shall be available for land which does not exceed "T" value. The annual maximum dollar limit for cost-sharing per person shall not exceed the maximum allowable amount as established in the Cost-Sharing Participating Schedule.

b) In determining the practices to be cost-shared and the rates and amounts to be set and published in the Cost-Sharing Participating Schedule, the Department shall consider the number of acres needing land treatment, type of treatment needed, the extent of a practices' adaptability in the state, funds available in the Department's budget as granted by the legislative process and signed by the Governor, cost of materials, labor, etc., the amount a practice reduces soil losses versus the cost of the practice, and other pertinent matters which may affect the establishment of the practices and their cost-share rates.

History

• Source: Amended at 6 Ill. Reg. 5482, effective April 15, 1982

8 Ill. Adm. Code 650.200 Cost-Sharing Funds Available from Other Sources

Where the State is involved in cost-sharing on the balance of the difference between the total eligible cost and amount of funds received from another source, total cost-sharing from all sources shall not exceed 75%.

History

• Source: Amended at 6 Ill. Reg. 5482, effective April 15, 1982

8 Ill. Adm. Code 650.210 Transfer of Title of Land Which Has Received Cost-Sharing Funds

If the title to land upon which an enduring erosion or sediment control device, structure or practice has been applied and cost-sharing funds paid is transferred to another individual during the period of the minimum lifespan of the device, structure or practice, the new owner is accountable to the Department for maintaining the structure, device or practice for its minimum lifespan. It is the responsibility of the landowner who contracted for the cost-sharing funds to inform the new owner of this obligation. A contract for an enduring erosion or sediment control device, structure or practice shall be recorded with the county recorder.

8 Ill. Adm. Code 650.220 Financing of District and Department for the Erosion and Sediment Control Program

In accordance with Section 37 of the Act, the Department shall request in its annual appropriation adequate funds to be used by the districts for the purposes of implementing and administering the districts' erosion and sediment control program and standards. The Department shall request in its annual appropriation adequate funds for financing the implementation and administration of the State's erosion and sediment control program and standards as well as for assisting the districts in the implementation of their program.

8 Ill. Adm. Code 650.230 Criteria for Allocating and Distributing Funds to Districts

In making allocations and distributing funds to the participating districts, the Department shall take into consideration:

a) The needs of the district as shown by erosion problems present and the progress towards correcting erosion problems.

b) The accomplishments of the district over the past three years and proposed projects in the coming year for which a tentative commitment has been made, and

c) The number and type of complaints in the past year in that district and the number and type of pending complaints,

d) The degree to which the district adheres to their annual plan of work.

8 Ill. Adm. Code 650.240 Portion of Allocated District Funds Held in Reserve

A portion of the total amount of funds allocated to districts shall be held in reserve by the Department to be allocated to districts on a district-by-district basis as needed for projects recommended as a result of complaints. After January 1 of each year, funds reserved for this purpose may be expended for erosion and sediment control projects in accordance with the district's programs.

History

• Source: Amended at 6 Ill. Reg. 5482, effective April 15, 1982

8 Ill. Adm. Code 650.250 District's Failure to Adopt Program and Standards

If a district fails to adopt a soil erosion and sedimentation control program and standards within two years after the adoption of the State's program and standards, the Department shall proceed to develop the district's program and standards for implementation by the district. In developing the program, the Department shall consult with various local interests in the district. The interests shall be representative of but need not be limited to agriculture, business, commerce, local government, financing, housing, industry and recreation. The Department shall give due notice in accordance with Section 31 of the Act and conduct a public hearing in the district for the purpose of receiving public comments before adopting any program.

8 Ill. Adm. Code 650.260 Rules Governing Conduct of Hearings Held by the Department

The Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) and the rules governing formal administrative hearings and rulemaking (8 Ill. Adm. Code Part 1) as promulgated by the Department under the authority of the Administrative Procedures Act shall govern the public hearing conducted by the Department and any rulemaking by the Department. The same procedure as established for adopting a district's program and standards shall be followed when amending or repealing a district's program and standards.

History

• Source: Amended at 6 Ill. Reg. 5482, effective April 15, 1982

8 Ill. Adm. Code 650.270 Procedure for Submitting Districts' Programs and Standards

"Upon the request of a district, the Department shall assist in the preparation of the district's program and standards. Upon its adoption, the district shall submit its program and standards to the Department for review and approval."* The district's program and standards shall be submitted to the Division of Natural Resources, Department of Agriculture, State Fairgrounds, Springfield, Illinois 62706, for review and approval by the Department. The Department shall approve the district's program and standards provided they are consistent with the State's program and standards.

• Quoted from the Soil and Water Conservation Districts Act, Illinois Revised Statutes, Chapter 5, Section 38.

History

• Source: Amended at 6 Ill. Reg. 5482, effective April 15, 1982

8 Ill. Adm. Code 650.280 Information to Be Included in the District's Erosion and Sediment Control Program

The following information shall be included in a district's erosion and sediment control program:

a) Physical and developmental information concerning the watersheds and drainage basins in the district.

b) Data relating to land use, soils, hydrology, geology, size of land area being disturbed, water bodies and their characteristics.

c) The maximum soil loss standards: When developing the standards the district shall consider economical, practical and socially acceptable levels regarding soil loss. The standards for various soil types or land uses shall not be less stringent than the State guidelines for various soil types.

d) Recommended erosion and sediment control management practices which are suitable for controlling erosion within the district.

e) "Provide for the sharing by the district of part of the cost of enduring erosion and sediment control devices, structures and practices and shall specify the cost-sharing rates which shall apply to various types of enduring erosion and sediment control devices, structures and practices in that district."*

f) Information on how interested persons may obtain information or make submissions on the district program, standards and activities.

• Quoted from the Soil and Water Conservation Districts Act, Illinois Revised Statutes, Chapter 5, Section 39.

8 Ill. Adm. Code 650.290 Surveys and Soil Maps

Surveys of land and waters (topographical and soil maps and other such documents relating to water quality, etc.) as the district considers appropriate in order to identify areas with erosion and sediment problems shall be kept on file in the district's principal office for as long as needed to support the district's program and standards and shall be available upon request for public inspection or for Department review, but need not be incorporated in the district's program.

History

• Source: Amended at 6 Ill. Reg. 5482, effective April 15, 1982

8 Ill. Adm. Code 650.300 Procedure for Submitting Adopted Amendments or Repeal of District's Program to the Department

Upon the adoption of any amendment or repeal of all or a portion of an existing program, the district board shall submit to the Division of Natural Resources, Department of Agriculture, State Fairgrounds, Springfield, Illinois 62706, the changes requested for review and approval. The Department shall approve the requested changes provided they are consistent with the State's program and standards, and contain the information necessary for the Department to properly review the requested changes. In the case of an amendment or repeal of all or a portion of an existing program, the justification supporting the change shall accompany the requested change. The same procedure for amending or repealing all or a portion of an existing program shall be used as for adopting the program.

History

• Source: Amended at 6 Ill. Reg. 5482, effective April 15, 1982

8 Ill. Adm. Code 650.310 Reporting Progress of Applied Conservation Measures to the Department

Accurate accountings of applied conservation measures will be recorded by the district for the purpose of measuring the progress being made in applying erosion and sediment control to the land. Progress shall be reported annually to the Department of Agriculture, Division of Natural Resources, State Fairgrounds, Springfield, Illinois 62706 in conjunction with a district's fiscal year budget. A reporting form will be provided by the Division of Natural Resources. The following information shall be reported.

a) Number of operating units,

b) Number of municipalities in the district,

c) Number of municipal officials contacted,

d) Number of cooperators and acres participating in the program,

e) Number of individual agricultural-related contacts,

f) Number of group meetings, tours and approximate attendance,

g) Number of news releases and other informational bulletins issued,

h) Number of 22.02a natural resource inventories prepared pursuant to Ill. Rev. Stat. 1979, ch. 5, par. 127.2a

i) Number of acres of land benefitted by application of conservation practices,

j) Number of acres of land adequately protected or treated,

k) Number of acres of land inadequately protected or treated, and

l) Number of contacts made in high priority areas as designated by the annual plan of work.

8 Ill. Adm. Code 650.320 Who May File a Complaint

Any person or group of persons may file a complaint on forms provided by the district or Department if it is believed a serious erosion and sediment problem exists. The district or Department may, on its own initiative, file a complaint when it believes a serious erosion and sediment problem exists.

8 Ill. Adm. Code 650.330 Where to File Complaints

If the land where the alleged violation occurs is not within the boundaries of a district or is within the boundaries of more than one district, the complaint shall be filed with the Department of Agriculture, Division of Natural Resources, State Fairgrounds, Springfield, Illinois 62706. If the land where the alleged violation occurs lies within the boundaries of a Soil and Water Conservation District, the complaint shall be filed with that district on forms provided by the district. The Division of Natural Resources can provide information to the person wishing to file a complaint as to where the complaint should be filed.

8 Ill. Adm. Code 650.340 Complaint Form

The complaint form shall be designed to obtain the following information and shall be made available for public inspection in the manner prescribed by the rules of the Department (8 Ill. Adm. Code Section 1.505):

a) The name and address of the person or persons filing the complaint.

b) Date the alleged violation was observed.

c) Location by legal description or metes and bounds of the land being damaged by sediment.

d) Description of the nature and extent of damage being done.

e) The names and address of landowners and occupiers, if known, and the location by legal description or by metes and bounds of land believed to be the source of excessive sediment.

f) Signature of person or persons filing the complaint and the date filed.

History

• Source: Amended at 6 Ill. Reg. 5482, effective April 15, 1982

8 Ill. Adm. Code 650.350 Investigation of Complaint

Upon receipt of a properly filed complaint, a representative of the Department or district whichever has jurisdiction, shall notify the landowner and occupier that a complaint has been filed and that an investigation to determine if there is a violation of the State's program and standards will be initiated. The investigation shall take place within 45 days of the date the complaint was filed. A soils technician shall conduct the investigation in accordance with the procedure established by the Department. The owners and occupiers of the land upon which a complaint has been filed and the person who filed the complaint shall be notified in writing of the results of the investigation.

8 Ill. Adm. Code 650.360 Notice of Violation

a) If the investigation reveals a violation of the State's program and standards does exist, a Notice of Violation shall be given to the owner and occupier of the land in violation.

b) The Notice of Violation shall include the following information:

1. The date on which the Notice of Violation is given.

2. Identity of the source of the violation and its location.

3. The authority by which the Department is empowered to serve such notice.

4. Explanation of who conducted the investigation and the standards which were used to determine excessive soil erosion and sedimentation.

5. Suggested modifications, practices, procedures, terms and conditions which will enable the person with erosion problems to comply with the State's program and standards, as well as information on cost-share plans and a statement indicating if cost-share money is available.

6. The deadline for compliance and the subsequent action if the violator does not comply.

7. Signature of the Director of the Department of Agriculture.

8 Ill. Adm. Code 650.370 Service of the Notice of Violation

A Notice of Violation shall be served to the owner and occupier by registered mail. The receipt verifying the owner and occupier received the Notice of Violation shall be kept on file in the Department for five (5) years as proof that the violator received the official Notice of Violation. A schedule for compliance shall be sought by the Department as soon as is reasonably possible after the decision has been made finding a person in violation of the State's program and standards.

8 Ill. Adm. Code 650.380 Notice of Non-Compliance and Time Limits

a) A person found to be in violation of the State's soil erosion and sediment control program and standards shall have one year from the day the Notice of Violation is served to enter into a schedule for compliance. If after 11 months the violator has not entered into a schedule for compliance, a letter shall be sent by registered mail reminding the violator that only one month remains for executing a schedule for compliance before a formal hearing will be held. The letter shall include such information and shall suggest such modifications, practices, procedures, terms and conditions which will enable the person to comply with the State's program and standards.

b) If a schedule for compliance has not been executed within one year of the date of being served a Notice of Violation or if the provisions of the schedule for compliance have not been complied with, the Department shall hold a formal hearing to determine the reasons for non-compliance. Notice shall be given by registered mail to the violator of the date, time, and place of the formal hearing to determine reasons for non-compliance to the State's program and standards or for the reasons why the schedule for compliance provisions have not been met.

History

• Source: Amended at 6 Ill. Reg. 5482, effective April 15, 1982

8 Ill. Adm. Code 650.390 Formal Hearing for Non-Compliance

A formal hearing to determine the reasons for non-compliance with the State's program and standards, for non-compliance to district's program and standards or for non-compliance to a schedule for compliance conducted by the Department shall be governed by the Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) and the rules regarding formal administrative hearings (8 Ill. Adm. Code Part 1) as promulgated by the Department under the authority of that Act. The Department shall publish and make available the findings of the formal hearing.

Part 675 Groundwater Use Guidelines

8 Ill. Adm. Code 675.10 Definitions

"Act" means the Water Use Act of 1983 (Ill. Rev. Stat. 1985, ch. 5, par. 1601 et seq., as amended by P.A. 85-905, effective November 18, 1987, and P.A. 85-483, effective September 17, 1987).

"Aquifer" means a water-bearing geologic formation, group of geologic formations, or part of a geologic formation that has the characteristics to receive, store, and transmit groundwater.

"Artesian aquifer" or "confined aquifer" means an aquifer confined from the top and bottom at a particular location such that the groundwater in the aquifer is under pressure greater than the atmosphere. As a result, the water level in a well tapping an artesian aquifer rises above the top of the aquifer. A flowing artesian well results when pressure in the artesian aquifer is sufficient to cause the water level in the well to rise above the land surface.

"Artificial wants" means a use of water that may increase comfort, aesthetic, and propriety, but is not essential for existence. Artifical wants include, but are not limited to, street cleaning, washing vehicles, and watering lawns.

"Consolidated aquifer" means an aquifer formed in hard bedrock materials, such as limestone, dolomite, and sandstone.

"Critical water level" means the elevation or depth of the water level for an aquifer below which suggests that the aquifer resource is being depleted on a long-term basis based upon monitoring of well water levels.

"Drawdown" means the difference between the static and pumping water level in a well.

"High capacity well" means a well capable of producing more than 100,000 gallons of groundwater a day.

"Natural wants" means the use of water that is necessary for existence of man or beast. Natural wants include, but are not limited to, quenching thirst; household uses of cooking, washing, bathing, and sanitation purposes; watering animals or livestock; and fire protection.

"Public water supply well" means a water distribution system relying on a well or wells and servicing at least 25 people for 60 or more days a year.

"Pumping water level" means the resulting water level in a well following a period of use.

"Static water level" or "nonpumping water level" means the water level in a well which occurs during a period when the well is not being used.

"Unconfined aquifer" or "water table aquifer" means an aquifer that is exposed to the atmosphere through openings in the overlying materials which extend to the land surface. Groundwater in an unconfined aquifer is not under any additional pressure; therefore, the water level in a well tapping an unconfined aquifer reflects the true top of an unconfined aquifer.

"Unconsolidated aquifer" means an aquifer formed in loose or uncemented materials, such as soil, sand, and gravel.

"Units of local government" mean villages, municipalities, townships, counties, and water districts.

"Water table" means that surface of an unconfined groundwater body which is under atmospheric pressure. The water table marks the top of an unconfined aquifer.

"Well" is used synonymously with point of withdrawal and is meant to include any continuous structure, such as a shaft or hole or a series of connected shafts or holes in the earth, which is used for withdrawing groundwater.

8 Ill. Adm. Code 675.20 Notifying the District of Incoming Substantial Users of Groundwater

a) Any land occupier or person who is planning to develop a new high capacity well for the purpose of withdrawing groundwater shall provide written notification to the county soil and water conservation district in which the proposed well is to be located, before water is withdrawn. The notification requirement applies to all counties in Illinois, except those counties (i.e., Lake, McHenry, Cook, DuPage, Will and Kane Counties) governed by the provisions of "AN ACT in relation to the regulation and maintenance of the levels in Lake Michigan and to the diversion and apportionment of water from the Lake Michigan Watershed" (Ill. Rev. Stat. 1985, ch. 19, par. 119 et seq.). Written notification given to the Soil and Water Conservation District of a permit application, which is made in accordance with The Surface-Mined Land Conservation and Reclamation Act (Ill. Rev. Stat. 1985, ch. 96½, par. 4501 et seq.), shall be considered as meeting the notification requirements of this Section.

b) The land occupier or person planning to develop a high capacity well shall provide written notification to the District. The notification shall require the following information:

1. Name, address, and phone number of proposed well owner;

2. Date of notification;

3. Legal description of the proposed well location, including county, township, range, and section (quarter/quarter);

4. General location description (e.g., nearby buildings or landmarks);

5. Proposed well identification (i.e., name or number if assigned);

6. Proposed well depth in feet;

7. Proposed well casing diameter (inches), depth to bottom (feet), weight and thickness;

8. Proposed well screen length (feet), diameter (inches), and depth to bottom (feet);

9. Proposed well pump type, gallons per minute capacity, head rating, motor horse power, and power source;

10. Type of aquifer (e.g., consolidated, unconsolidated, water table, or artesian);

11. Predicted static water level;

12. Anticipated maximum daily withdrawal and total annual withdrawal anticipated;

13. Planned use of well:

A) If for agricultural use, the number of people and farm animals served. If used for irrigation, the total acres, crop rotation, acres to be irrigated, type of irrigation equipment, travel speed, maximum capacity in gallons per minute, and total number of additional wells in use;

B) If for domestic use, the number of people served and total number of additional wells in use;

C) If for municipal or non-community (e.g., seasonal resort) use, the total population, average daily withdrawal, the total number of additional wells in use; or

D) If for industrial use, purpose for which water is used, average daily withdrawal, and total number of additional wells in use.

14. Name, address, and phone number of drilling contractor;

15. Names of landowners or occupiers within a one mile radius, except in villages or municipalities in which case only the total number of residents within a one mile radius; and

16. Names of local units of government with public water supply systems within a one mile radius.

Chapter I Department of Agriculture

Subchapter q Soil and Water Conservation

Part 675 Groundwater Use Guidelines

8 Ill. Adm. Code 675.30 Notification to Units of Local Government

a) Upon receipt of notification of a planned high capacity well, the District shall provide written notification to local units of government with a public water supply well located within one mile of the proposed high capacity well. A list of local units of government with public water supply wells in a county shall be supplied to each District by the Illinois State Water Survey.

b) A written notification to the local unit of government with a public water supply well located within one mile of a proposed high capacity well shall be made to the chief executive officer of the local unit of government. The notification shall be mailed within five (5) working days of having received written notification of the proposed high capacity well by the land occupier or owner. The letter of notification to the local unit of government shall contain the following information:

1. The statutory authority under which the notification is being made;

2. The name and address of the soil and water conservation district making the notification;

3. The distance the proposed high capacity well is from the well or wells of the local unit of government;

4. Planned use of the proposed high capacity well;

5. The steps the District shall take to review the possible impacts of the planned groundwater withdrawal; and

6. A statement that the findings of such review will be sent to the local unit of government.

8 Ill. Adm. Code 675.40 Review of Water Withdrawal Impacts on Other Users of Groundwater

a) When a District receives written notification by a land occupier or person that a high capacity well is planned, it shall within five (5) working days request the assistance of the Illinois State Water Survey and the Illinois State Geological Survey in reviewing the proposed withdrawal's effect upon other users of water. The review of the proposed withdrawal's effect shall consist of an examination of the information submitted to the District under Section 675.20 and may also include a study of geological data, groundwater aquifer maps, test well data, and the relationship to the location of the proposed well, if such information is available.

b) The request for the assistance of the Illinois State Water Survey and the Illinois State Geological Survey shall be in writing and shall include a copy of the notification information collected by the District from the land occupier or person proposing the high capacity well.

8 Ill. Adm. Code 675.50 Making Public the Review Findings

a) Upon the completion of a review of the proposed withdrawal's impacts on other users of water by the District, the Illinois State Water Survey, and the Illinois State Geological Survey, the findings of the review shall be made public in an informational announcement.

b) The District shall publish an informational announcement in any newspaper with a circulation covering an area of at least twenty-five miles in radius from the proposed point of withdrawal within ten (10) days following the completion of the review.

c) The informational announcement shall include the following:

1. The statutory authority under which the informational announcement is published;

2. The name of the soil and water conservation district;

3. The purpose of the announcement;

4. The location of the proposed high capacity well, including county, township, range, and section; and

5. The location and hours during which the report containing the review findings may be examined.

d) If the completed review indicates that the proposed high capacity well may affect the groundwater supplies of a local unit of government, the District shall notify that local unit of government in writing within ten (10) days. The possible effects shall be described, and a copy of the completed review shall be attached.

e) The District shall notify in writing within ten (10) days the land occupier or person who is proposing the high capacity well when the completed review indicates that the proposed new well may affect the groundwater supplies of a local unit of government or a private well owner. The possible effects to the well of the local unit of government or private well owner shall be described, and a copy of the completed review shall be attached.

8 Ill. Adm. Code 675.60 Applicability of Provisions in Subpart B

The provisions of Subpart B of these rules apply solely to the Kankakee, Iroquois, Tazewell, and McLean County Soil and Water Conservation Districts.

8 Ill. Adm. Code 675.70 Registration of Existing High Capacity Wells

a) A land occupier or person with an existing high capacity well shall register that well with the District in which it is located. A land occupier or person who is planning to develop a new high capacity well shall register that well in accordance with Subpart A of this Part.

b) To register a high capacity well, the following information shall be submitted in writing to the District:

1. Name, address, and phone number of the high capacity well owner;

2. Date of registration;

3. Legal description of the well location, including county, township, range, and section (quarter/quarter);

4. General location description (e.g., nearby buildings or landmarks);

5. Well identification (i.e., name or number if assigned);

6. Well depth in feet;

7. Well casing diameter (inches), depth to bottom (feet), weight and thickness;

8. Well screen length (in feet), diameter (inches), and depth to bottom (in feet);

9. Well pump type, gallons per minute capacity, head rating, horse power, and power source;

10. Type of aquifer utilized (e.g., consolidated, unconsolidated, water table, or artesian);

11. Present static water level, date and time of measurement;

12. Maximum daily withdrawal and total annual withdrawal;

13. Use of well:

A) If for agricultural use, the number of people and farm animals served. If used for irrigation, the total acres, crop rotation, acres to be irrigated, type of irrigation equipment, travel speed, maximum capacity in gallons per minute, and total number of additional wells in use;

B) If for domestic use, the number of people served and total number of additional wells in use;

C) If for municipal or non-community (e.g., seasonal resorts) use, the total population, average daily withdrawal, and total number of additional wells in use; or

D) If for industrial use, purpose for which water is used average daily withdrawal, and total number of additional wells in use.

14. Name, address, and phone number of drilling contractor.

8 Ill. Adm. Code 675.80 Recommended Guidelines for the Construction of Wells and the Type and Setting of Pumps

a) The district, with the assistance and approval of the Illinois Department of Agriculture, shall issue recommended guidelines for the construction of all groundwater withdrawal points, and the type and setting of pumps for use in those points of withdrawal (Section 5.1 of the Act). It is not the intent of these guidelines to supersede the Illinois Water Well Construction and Pump Installation Codes (77 Ill. Adm. Code 920 and 925), and all constructed wells and well pump installations shall comply with those Codes.

b) A natural consequence of groundwater withdrawal is drawdown in the source aquifer. An aquifer can safely support a certain amount of drawdown (called "allowable drawdown") without jeopardizing the availability of the regional groundwater resources. This allowable drawdown implies that there is a critical water level elevation for the aquifer. As long as the actual water level in the aquifer does not fall below the critical water level elevation, the aquifer resource remains protected. It is the intent of the recommended guidelines to promote construction of new wells which will provide an uninterrupted supply of water for reasonable use (see Section 4(g) of the Act and Section 675.10) with the aquifer water level at or above the critical water level.

c) The recommended guidelines for the minimum aquifer penetration and pump intake settings, based upon aquifer type, shall be:

1. Unconsolidated or consolidated (bedrock) aquifers under artesian conditions: The minimum well penetration into the aquifer shall be 100% or 80 feet, whichever is less. The minimum pump intake setting shall be at or as close as possible to the top of the well screen for unconsolidated aquifers. For consolidated wells, the minimum pump intake setting shall be at the depth corresponding to 50% of the well's penetration into the aquifer. If instability in the bedrock aquifer precludes setting the pump intake at this depth, the pump setting shall be adjusted to a depth which alleviates the condition.

2. Unconsolidated or consolidated (bedrock) aquifers under water table conditions: The minimum well penetration shall be 100% for these aquifers which can be fully penetrated within 100 feet of land surface or which are less than or equal to 50 feet thick. The minimum well penetration for aquifers greater than 50 feet thick shall be 50 feet or 50% of the aquifer thickness, whichever is greater. The minimum pump intake setting shall be at or as close as possible to the top of the well screen in unconsolidated aquifers. For consolidated wells, the minimum pump intake setting shall be at the depth corresponding to 50% of the well penetration into the aquifer. Note: The aquifer thickness is controlled by the saturated thickness of the permeable geologic materials. For a water table aquifer, this thickness changes throughout the year as the water table rises and falls in response to natural groundwater recharge and runoff. Therefore, the aquifer thickness for water table conditions used in determining the minimum well penetration will be the thickness which results with the natural average annual low water table at the point of withdrawal as obtained from scientific data on the aquifer, hydrology, and geology of the area.

3. Multiple or combined aquifers (both consolidated and unconsolidated): In some areas a hydraulic connection exists between more than one interval of water-bearing unconsolidated and/or consolidated deposits such that all deposits will respond in varying degrees to pumpage from a select few. The degree of interconnection can vary from deposit to deposit which influences both the response time and magnitude. In some cases, the interconnection allows several units to be treated collectively as one aquifer. In most cases, one deposit or a small group of deposits can be designated the primary aquifer whether it be the thickest, most permeable, deepest, or largest in areal extent. For multiple aquifers, the minimum well penetration and pump intake setting shall be used from the aquifer classifications (Subsections (c)(1) and (c)(2) of this Section) which correspond to the primary aquifer at each individual point of withdrawal. If designation of a primary aquifer is not possible, the minimum well penetration and pump intake setting shall be determined on an individual case by case basis in accordance with the scientific data on the groundwater aquifer, hydrology, and geology of the area as may be available from the well driller, Illinois State Water Survey, and State Geological Survey.

d) The well pump shall be of the type to provide the necessary lift capabilities so that an uninterrupted supply of water for reasonable use (see Section 4(g) of the Act and Section 675.10) is obtained should water levels in the aquifer at the well site approach the critical groundwater level. Furthermore, an access opening to measure the well water level shall be provided. Such measurements are commonly obtained with a measuring tape or electric probe and require a sanitary access opening into the well which allows insertion of a ¾ inch diameter tape or probe. The access opening shall conform to the Illinois Water Well Pump Installation Code (77 Ill. Adm. Code 925.40(h)).

e) Copies of the recommended guidelines shall be printed by the Department of Agriculture and shall be made available upon request from the Kankakee, Iroquois, Tazewell, and McLean County Soil and Water Conservation District offices.

8 Ill. Adm. Code 675.90 Investigating a Complaint

a) A land occupier or person whose well fails to produce a normal, uninterrupted supply of water due to the water level in the source aquifer falling below the critical groundwater level elevation may file a complaint with the District in which the affected well is located. If the affected well is located in a District adjacent to Kankakee, Iroquois, Tazewell, or McLean and the high capacity well is located in one of those Districts, then the complaint may be filed in the District where the high capacity well is located. What constitutes a normal supply of water shall be determined by information on the well provided by the land occupier or person filing the complaint and scientific data on the aquifer, hydrology, and geology of the area provided by the Illinois State Water Survey and Illinois State Geological Survey. The complaint shall be filed in writing.

b) The written complaint shall contain the following information concerning the complainant's own well:

1. Complainant's name, address, and phone number;

2. Date the complaint is filed;

3. Legal description of the location of the effected well, including county, township, range, and section (quarter/quarter);

4. General location description (e.g., nearby buildings or landmarks);

5. Well identification (i.e., name or number if assigned);

6. Well depth (in feet);

7. Well causing diameter (inches), depth to bottom (feet), weight and thickness;

8. Well screen length (feet), diameter (inches), and depth to bottom (feet);

9. Well pump type, gallons per minute capacity, head rating, horse power, and power source;

10. Type of aquifer utilized (e.g., consolidated, unconsolidated, confined, or unconfined);

11. Present static water level and original static water level, along with the dates measured, name of the person who obtained these measurements, and the method used to obtain the measurement; and

12. A description of the kind of access available at the well head through which the well water level can be measured and when access to the well can be made. Access to the well's head for measurement purposes shall be made available by the well owner before any measurements can be taken.

13. Use of the well:

A) If for domestic use, the number of people served and total number of additional wells in use;

B) If for agricultural use, the number of people and farm animals served. If used for irrigation, the total acres, crop rotation, acres to be irrigated, type of irrigation equipment, travel speed, maximum capacity in gallons per minute, and total number of additional wells in use;

C) If for municipal or non-community (e.g., seasonal resort) use, the total population, average daily withdrawal, and total number of additional wells in use; or

D) If for industrial use, purpose for which water is used, average daily withdrawal, and total number of additional wells in use.

14. Name, address, and phone number of the contractor who drilled the well;

15. Normal yield in gallons per minute, pumping water level, and date measured;

16. Description of the problem;

17. Suspected cause of the problem;

18. Past well problems

19. Estimated number of gallons required per day; and

20. A copy of the well log with pump performance curve (if available). The Illinois State Water Survey and Illinois State Geological Survey can be contacted for a copy of the well record if one exists in their files.

c) Within two (2) working days after receiving a written complaint, the District shall schedule a visit to the complainant's well to investigate and determine if the complaint is valid. Access to the complainant's well by the District, the Illinois State Geological survey, and the Illinois Department of Agriculture, shall be permitted by the complainant for investigative purposes. Employees of the before-stated agencies who are investigating the complaint may request permission from any land occupier or person owning a high capacity well that is located within a one mile radius of the affected well for an on-site investigation of that well when data is needed to determine if the high capacity well is affecting the complainant's well. In order to be considered a valid complaint, the investigation must confirm all of the following points:

1. The well is failing to furnish a normal uninterrupted supply of water.

2. The failure of the well to furnish its normal supply of water is caused by a lowering of groundwater levels in the area below the critical groundwater elevation, and not by physical equipment malfunctions, such as a faulty pump, a clogged well screen, a cracked or corroded drop pipe, a collasped well casing, or a malfunctioning pressure tank. If it is suspected during the investigation that a physical equipment malfunction is the problem, the investigation shall be suspended until this can be determined by a licensed water well drilling contractor, water well installer, or plumber.

3. The well and its equipment meet or exceed the recommended guidelines set forth in Section 675.80. Wells in violation of the Illinois Water Well Construction and Pump Installation codes shall be brought into compliance to validate the complaint.

d) The soil and water conservation district may request technical assistance from the Illinois State Water Survey and the Illinois State Geological Survey in conducting the investigation and writing the report. The request shall be in writing, and include a copy of the complaint form.

e) The District shall prepare a written report based upon the findings of the investigation. The written report shall describe the findings of the District with respect to the validity of the complaint, a description of the problem, the probable causes of groundwater impacts with regard to the affected well, the probable causes for groundwater deficiencies, conclusions, and a recommended plan of action.

f) A copy of the report shall be made available upon request.

Chapter I Department of Agriculture

Subchapter q Soil and Water Conservation

Part 675 Groundwater Use Guidelines

8 Ill. Adm. Code 675.100 Recommending Groundwater Withdrawal Restrictions to the Department of Agriculture

a) Based upon information derived from the investigation, the District may recommend to the Department that the Department restrict the quantity of water that one or more land occupiers or persons within the District's boundaries may extract. If the District concludes that a groundwater withdrawal restriction on one or more high capacity wells within the District is necessary to preserve a water supply for reasonable use (see Section 4(g) of the Act and Section 675.10 of these rules) for any person in the District, the District may recommend to the Department of Agriculture that groundwater restrictions be place on any high capacity well.

b) The recommendation to the Department of Agriculture shall be in writing and shall include the following attachments:

1. A copy of the complaint filed with the District by the land occupier or person whose well is affected; and

2. A copy of the investigation report prepared by the District.

8 Ill. Adm. Code 675.110 Restricting Groundwater Withdrawal

a) Upon receipt from a District of a written recommendation for restricting groundwater withdrawal, the Department shall initiate a review of the District's recommendation within three (3) working days of receiving the recommendation to determine concurrence or nonconcurrence with the District's recommendations.

b) The Department of Agriculture's review shall consist of the following:

1. All facts and data concerning the groundwater hydrology and geology of the area that were collected by the District;

2. The validity of the complaint (see Section 675.90(c)), conclusion and recommendations made by the District;

3. An examination of the plan of action recommended by the District;

4. The reasonable use (see Section 4(g) of the Act and Section 675.10) water needs of users within the affected area to the extent such use can be determined; and

5. The availability of supplemental water supplies, including the opportunity for groundwater recharge or a delivered water supply.

c) If the Department concurs with the District's recommendation to restrict groundwater withdrawal, a groundwater withdrawal restriction shall be placed on any high capacity well or wells within the District's boundaries that are primarily affecting the aquifer.

d) Notice of the restriction and the authority of the Department of Agriculture to issue such restriction shall be sent to each land occupier or person possessing or operating one or more high capacity wells where groundwater restrictions are necessary and to the District filing the restriction recommendation. The restriction notice shall be sent by certified mail, with return receipt requested, and specify the following:

1. The date the restriction becomes effective;

2. The well or wells that the restrictions apply to, specifying the general location description, and the legal description of the well site as stated on the registration form.

3. The maximum number of gallons per day that may be withdrawn;

4. Records of daily withdrawals and/or times of well pumping must be regularly and accurately maintained during the restriction by the land occupier or person possessing or operating each well;

5. The reason or reasons for the withdrawal restrictions; and

6. The time period for which the restrictions apply, if this can be determined pursuant to this Part.

e) The restrictions on groundwater withdrawal shall be rescinded by the Department when justified by changed groundwater conditions, such as recharge of groundwater supplies due to increased precipitation, or a seasonal or otherwise lessened demand for groundwater resources. When groundwater withdrawal restrictions are to be rescinded, the Department of Agriculture shall notify the land occupiers or persons possessing the point or points of withdrawal where the restrictions are in effect, and the District in which the points of withdrawal are located. The rescinded restriction notice shall be made in writing and specify the following:

1. The date the rescinded restriction become effective;

2. The well or well that the rescinded restrictions apply to, specifying the general location description and legal description of the well sites as stated on the registration form; and

3. The reason or reasons for rescinding the restrictions.

8 Ill. Adm. Code 675.120 Nonconcurrence with the Director's Recommendation

If the Department of Agriculture does not concur with the District's recommendation for restricting groundwater withdrawals, the District shall be notified in writing of the reason or reasons why the recommendation cannot be affirmed. In addition, the Department shall send written notification to each land occupier or person whose high capacity well(s) is affected by the recommendation, and to the land occupier or person who filed the complaint, to inform them of the Department of Agriculture's reasons for nonconcurrence. The Department may modify its recommendation and resubmit it to the Department as a new complaint.

8 Ill. Adm. Code 675.130 Request for an Administrative Hearing

a) If the District, a land occupier or person whose high capacity well is affected, or a land occupier or persons filing the complaint disagree with the decision of the Department of Agriculture, a hearing may be requested concerning the decision. The request shall be made to the Department in writing.

b) The Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) and the rules governing formal administrative hearings (8 Ill. Adm. Code 1) shall govern the hearing conducted by the Department of Agriculture.

c) Final decisions of the Department of Agriculture may be appealed in accordance with the Administrative Review Law (Ill. Rev. Stat. 1985, ch. 110, par 3-101 et seq.).

8 Ill. Adm. Code 675.140 Penalties for Noncompliance

Penalties for noncompliance with the Act shall be as set forth in Section 7 of the Act.

Part 700 Farmland Preservation Act

8 Ill. Adm. Code 700.10 Definitions

"Act" means the "Farmland Preservation Act" (Ill. Rev. Stat. 1985, ch. 5, par. 1301 et seq.).

"Agency" means one of the State agencies listed in Section 3 of the Farmland Preservation Act.

"Agricultural land" or "farmland" means all land in farms including cropland, hayland, pastureland, forestland, corrals, gardens and orchards, land used for farmsteads, buildings, barns, and machinery sheds, adjacent yards or corrals, pens, waste lagoons, feedlots, farmstead or feedlot windbreaks, grain bins, lanes for farm residences and fields, field windbreaks, ponds, commercial feedlots, greenhouses, nurseries, broiler facilities and farm landing strips.

"Agricultural land conversion" means the taking of land directly out of agricultural production or displacing it by another use and not returning it to production.

"BOB" means the Bureau of the Budget.

"CDB" or "Board" means the Capital Development Board.

"Committee" means the Inter-Agency Committee on Farmland Preservation as established in Section 3 of the Act.

"Compliance" means conformance to the rules of this Part by an agency that is participating in a State-funded capital development project or in executing its responsibilities which will lead to the direct or indirect conversion of agricultural land to nonagricultural purposes.

"Conflict Resolution Process" or "CRP" means a procedure utilized to reach an agreement between DOA and one or more agencies when there are differences on how to avoid the impact of agricultural land conversion or the loss of such land as an environmental or food production resource. The Conflict Resolution Process is explained in 8 Ill. Adm. Code 700.APPENDIX A: EXHIBIT C.

"Cooperative Working Agreement" means a written agreement between the DOA and an agency stating what projects shall be reviewed, when a project shall be reviewed, and the time limits of the review.

"DCCA" means the Illinois Department of Commerce and Community Affairs.

"DOA" means the Illinois Department of Agriculture, Division of Natural Resources, Agriculture Building, State Fairgrounds, P.O. Box 19281, Springfield, Illinois 62794-9281; phone (217) 782-6297.

"DOC" means the Illinois Department of Conservation.

"DOT" means the Illinois Department of Transportation.

"ENR" means the Department of Energy and Natural Resources.

"Exceptions" means State projects exempted from review to assess impact on agricultural land as identified in agency working agreements or Section 7 of the Act.

"Executive Order 80-4, 'Preservation of Illinois Farmland'" means the Executive Order which directed specific State agencies to develop agricultural land preservation policies and methods to protect the State's agricultural land as an environmental or essential food production resource from irreversible conversion (e.g., buildings, highways, and dams).

"ICC" means the Illinois Commerce Commission.

"IEPA" means the Illinois Environmental Protection Agency.

"Initial analysis" means a review of an agency's project proposal by the DOA to determine whether the proposal conforms to the rules of this Part.

"Land class" means one of eight classes of land in the Land Capability Classification System (Handbook 210, issued September, 1961, and approved for reprinting January, 1973) as developed by the Soil Conservation Service, United States Department of Agriculture, Washington, D.C.. Incorporation by reference does not include any future editions or amendments. The land capability classification shows, in a general way, the suitability of soils for most kinds of field crops. The soils are grouped according to their limitations for field crops, the risk of damage if they are used for crops, and the way they respond to management.

"Modern soil survey" means a document published after 1965 by the Soil Conservation Service, containing a description of a county's soils, maps showing their distribution and discussions concerning their behavior and adaptability.

"Policy statement" means a written statement developed by each agency named in Section 3 of the Act which specifies the policy of that agency toward agricultural land preservation.

"Secondary impact" means an action taken by an agency which does not convert agricultural land directly but does create a more favorable climate for conversion to take place or may create unfavorable conditions for normal farming operations. Unfavorable conditions occur when a project requires a farmer to deviate from his normal farming operations. For example, the granting of a permit for the installation of a water line may not convert land directly, but the presence of the line increases the likelihood that the surrounding area will be developed.

"Sign-off" means written notification to the affected agency by the DOA which indicates that the manner in which agricultural land is addressed in a project proposal or in a compromise is in compliance with the rules of this Part and that the DOA has completed its review.

"Study of Agricultural Impacts" or "Agricultural Impact Study" means the analysis of a proposed project not in compliance with the Act or the rules of this Part to determine the probable impact on the agriculture environment.

History

• Source: Amended at 11 Ill. Reg. 20527, effective December 2, 1987

8 Ill. Adm. Code 700.20 Requirements of Policy Statements and Cooperative Working Agreements

a) The policy of each agency toward farmland preservation and the working agreements shall be as stated in 8 Ill. Adm. Code 700.APPENDICES A-J.

b) Policy statements shall contain the following information:

1. An explanation of the agency's responsibilities and a description of the various regulations, programs, procedures and operations employed by the agency to fulfill its mandate.

2. An analysis of how the agency's responsibilities and undertakings might result in farmland conversion.

3. Measures that can be implemented by the agency to avoid or mitigate farmland conversion.

c) The DOA shall submit copies of each policy statement and working agreement to the following:

1. the Governor;

2. the General Assembly;

3. each member of the Committee;

4. the State Library; and

5. the public upon request.

d) Every three years, each agency shall update its policy statement and working agreement or certify in writing to the DOA that its policy statement and/or working agreement on file as rules are accurate. The updated policy statements and working agreements shall be sent to the DOA for review and approval. The DOA shall notify in writing each agency of approval or the reasons for disapproval of the documents.

1. Policy statements shall be approved if:

A) The revised policy statement states the agency's obligation and responsibility to protect farmland;

B) The policy statement explains the effect the agency's program will have on farmland conversion; and

C) The policy statement identifies the measures the agency shall utilize to protect farmland from unnecessary conversion (see Project Proposal Requirements in Section 700.APPENDIX A: EXHIBIT B).

2. The approval of the working agreements shall be based on:

A) Identification of projects which are exempt from DOA's review;

B) The identification of changes, if any, from the previous working agreement;

C) Identification of the point in time when an agency will notify the DOA of a proposed project;

D) The time limits of the review; and

E) The time when the review will start.

3. If, after the review of a policy statement or working agreement, an agency and the DOA are not in agreement, the conflict resolution process shall be invoked by the DOA.

4. Certification or update of existing policy statements and working agreements shall be submitted to the DOA at least six (6) months before the expiration of existing policy statements and working agreements.

History

• Source: Amended at 11 Ill. Reg. 20527, effective December 2, 1987

8 Ill. Adm. Code 700.30 Review of Agency Project Proposals

The DOA shall review State-funded capital project proposals to determine whether they possess the potential to convert farmland to a nonagricultural use. The procedure described in 8 Ill. Adm. Code 700.APPENDIX A: EXHIBIT A, the Illinois Department of Agriculture's Agricultural Land Preservation Policy Statement, shall be followed to review project proposals.

History

• Source: Amended at 11 Ill. Reg. 20527, effective December 2, 1987

8 Ill. Adm. Code 700.40 Report: the Tracking of Farmland Converted by State Activities

a) Based upon information provided by the agencies, the DOA shall prepare an annual report identifying the number of acres converted from agricultural to nonagricultural use as a result of State action.

b) Each agency shall submit the following information to the DOA in the described format:

1. Agency name;

2. Period of time covered by the report; and

3. The report shall be divided into two parts:

A) Except as provided by the agency's working agreement, Part One shall contain:

i) The number of acres converted by an agency's acquisition of land in fee simple and by permanent easements; and

ii) The land use of acreage at the time of acquisition. The land use shall be identified using the definitions contained in 8 Ill. Adm. Code 700.APPENDIX A: EXHIBIT D.

B) Except as provided by the agency's working agreements, Part Two shall contain:

i) The number of acres converted by an agency's activities when acting as administrator, grantor, technical reviewer or regulator. To illustrate, should the Illinois Environmental Protection Agency provide a grant for the construction of a wastewater treatment plant and the project required acquisition of fifteen acres of farmland, the acreage shall be recorded as converted.

ii) The land use of acreage at the time of acquisition. The land use shall be identified using the definitions contained in 8 Ill. Adm. Code 700.APPENDIX A: EXHIBIT D.

C) A general map of Illinois shall be provided as part of the report showing land converted in both categories and data shall be summarized by county and depicted on the map for each category identified in 8 Ill. Adm. Code 700.40(b)(3)(A)(i) and 700.40(b)(3)(B)(i).

D) An agency may provide an explanation or discussion of the data submitted, and such information shall be included in the report.

c) Each agency shall submit the information for the report to the DOA no later than November 1 of each year.

d) The DOA shall by March 1 submit the report to those named in Section 6 of the Act.

History

• Source: Amended at 11 Ill. Reg. 20527, effective December 2, 1987

8 Ill. Adm. Code 700.APPENDIX A Illinois Department of Agriculture

Section 700.EXHIBIT A Illinois Department of Agriculture's Agricultural Land Preservation Policy Statement

Policy Statement

The Illinois Department of Agriculture (DOA) recognizes the importance of the agricultural industry to the health of the state's economy. The agricultural industry cannot continue to contribute to the state's economic well-being with the unwarranted destruction of its finite land base. Therefore, it shall be the policy of the DOA to promote the protection of Illinois farmland from unnecessary conversion and degradation. The methods to be utilized in implementing the policy are described in 8 Ill. Reg. 700.APPENDIX A: EXHIBIT B. Except for the DuQuoin State Fairgrounds, the DOA does not have any programs or activities that acquire or convert agricultural land.

DOA Efforts to Protect

Illinois Farmland

The DOA has been designated as the lead agency in carrying out the state's farmland protection program. In fulfilling that role, the DOA shall institute the following efforts:

1. The DOA shall sign cooperative working agreements with the agencies named in Section 3 of the Act to identify which agency projects shall be subject to review to assess impact on agricultural land and to specify how the mechanics of the project review shall take place.

2. The DOA shall continue to implement the Project Review Process (see 8 Ill. Adm. Code 700.APPENDIX A: EXHIBIT B).

3. When a conflict exists between the DOA and an agency on avoiding or reducing the conversion of agricultural land to nonagricultural use and/or secondary impacts, the DOA shall utilize the steps outlined in the conflict resolution process (see 8 Ill. Adm. Code 700.APPENDIX A: EXHIBIT C).

4. Since the majority of the decisions which lead to the conversion of farmland are made at the local level, the DOA shall be continue to execute an assistance program for local governments wishing to devise farmland protection programs.

5. The DOA shall continue its public information program to increase awareness of the problems resulting from the conversion of farmland. The program shall include utilizing the news media, regional seminars, speaking engagements to organizations and educational institutions, preparation of pamphlets, brochures and other written material, and other informational activities.

(July, 1987, revised)

History

• Source: Exhibit A renumbered from Appendix A and amended at 11 Ill. Reg. 20527, effective December 2, 1987

8 Ill. Adm. Code 700.APPENDIX A Illinois Department of Agriculture

Section 700.EXHIBIT B The Proposed Project Review Process

Introduction

The DOA shall conduct reviews of agency project proposals which will or have the potential of converting farmland to nonagricultural use. The agencies shall notify the DOA in writing when a project proposal is eligible for review. The DOA shall then determine whether or not the project is in compliance with the agency's policy statement and working agreement. If the project is not in compliance, the DOA shall conduct a study of agricultural impacts on the project to assess its impact on farmland.

Notification

Review Eligibility

State agency projects shall be eligible for review if:

1. the agency is listed in Section 3 of the Act;

2. the project is supported wholly or in part by state capital development funds; or

3. the project causes farmland conversion or encourages farmland conversion through secondary impacts; or

4. notification of the project is processed through the Governor's Office.

Review Exemptions

State agency projects shall be exempt from review if:

1. the working agreement excludes the project under consideration; or

2. the project has been exempted by Section 7 of the Act.

Transference of Project Proposal to the DOA

When an agency project will lead to the conversion of farmland, the agency shall:

1. notify the Director of the DOA of the project in writing; and

2. provide the written notification to the DOA at the point in the agency's planning process specified in the cooperative working agreement.

Project Proposal Information Requirements

The written notification provided to DOA shall include the following information describing the project to enable the DOA to determine compliance:

1. Project description (purpose and scope);

2. Map indicating specific project location in the county;

3. Modern soil survey map (if available) showing precise project boundaries;

4. Identification of the number of acres contained within the project boundaries;

5. Identification of all land classes (I-VIII) lying within project boundaries and the number of acres contained within each land class, if available;

6. Identification of the site's zoning designation(s) and whether the project is in compliance with an officially adopted comprehensive land use plan designating land uses in the project area, if applicable;

7. Identification of the land use within the project area and of that land contiguous to the project area;

8. Identification of secondary impacts which may result from implementation of the project (e.g., drainage, farmland devaluation, increased travel time incurred by the agricultural land owner, and potential development created by gas, water or sewer lines);

9. The project proposal shall discuss how the size and location of the proposed project shall meet and not exceed the goals of the project thereby avoiding unnecessary farmland conversion;

10. Rationale for the selection of the project site;

11. Name, address and telephone number of individual who provided the above information;

12. The project proposal shall describe how the farmland preservation policy has been followed and what steps were taken to minimize the proposed project's impact upon agricultural land; and

13. The information above shall be included for each alternative location examined in the project proposal.

Review

Time Limitation

The DOA shall complete its study of the project proposal within thirty (30) days of receipt of the project proposal within thirty (30) days of receipt of written notification with all required information, if a study is required. If the study is not completed within that time limit, the agency may proceed with the proposal without the benefit of the DOA's comments.

Determination of Compliance

Upon receipt of written notification, the DOA shall conduct an initial analysis of the proposed project to ascertain whether it complies with the policy statement and working agreement as adopted as rules under the Farmland Preservation Act and Project Proposal Information Requirements.

The DOA's initial analysis shall result in one of two actions:

1. If the project is found to be in compliance, the DOA shall provide the agency with a sign-off letter.

2. If the project is not in compliance, the DOA shall initiate a study of agricultural impacts.

Study of Agricultural Impacts

The study of agricultural impacts is performed by the DOA to ascertain the level of disruption placed upon the agricultural environment by the project proposal. It is composed of a review of Project Proposal Information Requirements, of the total annual agricultural productivity that is displaced when a site devoted to agricultural use is converted to non-agricultural purposes, and the criteria enumerated below:

1. Distance between the project site and the nearest city.

2. Proximity of a central water system to the project site.

3. Proximity of central water disposal system (sewer) to the project site.

4. The type (e.g., earthen, aggregate, hard surface) of transportation facility that provides access to the project site.

5. Existing land use adjacent to the site.

6. Zoning classification of the land adjacent to the site.

7. Percentage of the project site contained within an adopted Agricultural Area.

8. Impact on the proposed project upon agricultural businesses.

9. Percent of the area devoted to agricultural use within 1½ miles of the project site.

10. Percent of the project site currently in agricultural use.

11. Soil limitations (e.g., high water table, flooding, slope of the parcel, frost heave) on the project site for the proposed use.

12. Soil productivity (crop yields).

13. The acreage of each land class.

The DOA shall provide a copy of the study to the persons and agencies listed in Section 5 of the Act and to the public upon written request. The conflict resolution process shall be invoked if the project is not in compliance with policy statements and working agreement, and the DOA and the originating agency cannot reach a compromise on how to avoid or reduce the impact on agricultural land. The conflict resolution process shall be invoked by DOA within 5 working days of DOA's determination that a compromise cannot be achieved.

History

• Source: Exhibit B renumbered from Exhibit A and amended at 11 Ill. Reg. 20527, effective December 2, 1987

8 Ill. Adm. Code 700.APPENDIX A Illinois Department of Agriculture

Section 700.EXHIBIT C Conflict Resolution Process

When a project is not in compliance with a policy statement and/or working agreement and a compromise cannot be reached, or an agreement cannot be reached on the contents of a policy statement or working agreement when updating these documents, conflicts shall be resolved quickly at the lowest level of agency involvement. Toward this aim, the following four-stage, standard procedure shall be followed. The process is initiated at the staff level and, if the conflict cannot be resolved, moves up the ladder of responsibility ending in the Governor's office. At each stage, personnel from one agency shall work with his/her counterpart in the other agency. A time frame has been built into the system to keep the process moving in an expeditious manner.

STAGE I (21 days): (A) When a conflict arises, the professional staffs of the agencies involved in the conflict shall meet and attempt to resolve the disagreement (Part A – 14 days). (B) If the matter is not resolved after 14 days, the DOA Bureau Chief shall meet with his/her counterpart in the other agency (Part B – 7 days).

STAGE II (14 days): If no resolution is reached, representatives at the next management level (equivalent to DOA's Division head) shall meet to discuss the conflict.

STAGE III (14 days): If the conflict remains unresolved, the matter shall be submitted to the Directors of the agencies involved.

STAGE IV (14 days): If a satisfactory solution cannot be found, the conflict shall be referred to the Office of the Governor for resolution.

History

• Source: Exhibit C renumbered from Exhibit B and amended at 11 Ill. Reg. 20527, effective December 2, 1987

8 Ill. Adm. Code 700.APPENDIX A Illinois Department of Agriculture

Section 700.EXHIBIT D Land Use Definitions

Cropland – Land utilized for the production of cultivated, close growing row, fruit or nut crops for harvest. Cropland includes the following applications:

Horticulture

Fruit

Nut

Vineyard

Bush Fruit

Berries

Flowers

Other Horticulture

Row and Close Grown

Corn

Soybeans

Wheat

Oats

Sorghum

Barley

Rye

Vegetables

Sunflowers

Other Cropland – Cropland that is idle or placed in set-aside or similar state or federal government programs, or devoted to crops not mentioned above.

Hayland – Land managed for the production of forage crops that are machine harvested. Forages are classified as grasses, legumes or a combination of grasses and legumes.

Forages – All browse and herbaceous food that is available to livestock or game animals used for grazing or harvested for feeding.

Legumes – One of the major groups of forage plants utilized as food for animals. This classification includes principally alfalfa, clovers, trefoil, lespedezas, vetches, and kudzu. Soybeans, peas and beans are also contained within this broad groupings; however, for the purpose of annually reporting the amount of farmland converted to nonagricultural uses as a result of state agency action, these crops shall be categorized under the cropland designation.

Pastureland – Land used for the production of adopted, introduced or native forage plants for livestock grazing.

Forestland – Land utilized for growing trees of any species whether or not managed for timber products. Such lands minimally contain sixty (60) trees per acre when average diameter at breast height (DBH) of the stand is less than five (5) inches, or twenty (20) trees per when DBH average for the stand is five (5) inches and larger.

Farmstand – That part of a farm that is occupied by the dwellings, buildings, adjacent yards or corrals, plus family gardens and orchards in which the produce is utilized for family consumption. Land in farmsteads includes land used for barns, machinery sheds, grain bins, waste lagoons, feedlots, pens, corrals and farmstead or feedlot windbreaks. Lanes to farm residences are considered part of the farmstead.

Research and Experimentation Land – Land utilized for research farms and experiment stations.

Other Land in Farms – Areas of farms not classified as cropland, pastureland, hayland or forestland. Other land in farms includes field windbreaks, ponds, commercial feedlots, confinements, greenhouses, nurseries, and broiler facilities. Field lanes and field landing strips are also included within this classification.

Other Land – Land used for residences, industrial sites, commercial sites, construction sites, institutional sites, public administrative sites, railroad yards, cemeteries, airports, golf courses, sanitary landfills, sewage treatment plants, water control structures, and spillways.

History

• Source: Exhibit D renumbered from Exhibit C and amended at 11 Ill. Reg. 20527, effective December 2, 1987

8 Ill. Adm. Code 700.APPENDIX B Illinois Bureau of the Budget's Agricultural Land Preservation Policy Statement and Cooperative Working Agreement

I. FARMLAND PRESERVATION POLICY

The Illinois State Clearinghouse (Office of the Governor) is responsible for coordinating the gubernatorial review and analysis of grant applications and ensuring that they are consistent with existing state policies. The Bureau of the Budget (BOB) is responsible for the gubernatorial review and analysis of state capital plans and grant applications. In view of these major functions, the BOB/Office of the Governor shall implement the following activities pursuant to the Farmland Preservation Act (Ill. Rev. Stat. 1985, ch. 5, par. 1301 et seq.).

1. The review of state capital plans.

State capital plans will be reviewed to determine their degree of compliance with farmland preservation policies (8 Ill. Adm. Code 700). The desired outcome of this effort will be improved state agency plans reflecting a concern for preservation of agricultural land in Illinois.

2. Assist the Department of Agriculture (DOA) in the review of federal grant applications which identify state and federal projects that will impact agricultural land. The Office of the Governor and the DOA will also strive to identify and resolve potential conflicts between proposed state agency projects and state farmland preservation goals.

3. Coordinate the review of State agency projects, applications for Federal assistance, contracts, plans and agreements utilizing the revised Executive Order 12372 (Intergovernmental Review of Federal Programs, 48 FR 3075 (1983)) and Section 5.1 of "AN ACT to create a Bureau of the Budget and to define its powers and duties and to make an appropriation" (Ill. Rev. Stat. 1985, ch. 127, par. 415) (State Review of Federal Programs) processes and mechanisms.

The Office of the Governor shall process and monitor all projects and applications covered by Executive Order 12372 and "AN ACT to create a Bureau of the Budget and to define its powers and duties and to make an appropriation" for compliance with Illinois' Farmland Preservation goals.

In fulfilling this task, BOB/Office of the Governor shall:

• identify individual state and federal projects displaying a potential impact upon agricultural land.

• provide weekly descriptions (Notices of Intent) to state agencies and to local and regional planning bodies of individual proposals submitted which demonstrate a potential for effecting agricultural lands.

• request that state agency projects, especially those involving capital development, routinely include information which will allow reviewers (state agencies and local planning bodies) to ascertain the proposal's impact upon agricultural lands.

II. CONCLUSION

The Bureau of the Budget and Office of the Governor recognize that land is one of Illinois' most valuable natural resources. The BOB and Office of the Governor will cooperate in the effort of the State of Illinois to minimize the conversion of land, valued for its agricultural products, to non-agricultural uses.

(July, 1987; revised)

ILLINOIS BUREAU OF THE BUDGET – ILLINOIS DEPARTMENT OF

AGRICULTURE COOPERATIVE WORKING AGREEMENT

The Bureau of the Budget/Office of the Governor and the Illinois Department of Agriculture agree to the following:

1. The Governor's Office will provide the DOA with all Applications for Federal Assistance (Standard Form 424) for the DOA's review of project proposals which may have an impact upon agricultural lands. Accordingly, the following procedures will apply.

A. The Governor's Office will forward the applications to the DOA on a weekly basis.

B. The DOA will review the applications to determine if they qualify for the Study of Agricultural Impacts (8 Ill. Adm. Code 700.Appendix A: Exhibit B).

C. If the DOA determines that a Study of Agricultural Impacts is necessary, the DOA will notify the Governor's Office immediately in writing that a Study will be conducted. Subsequently, the Governor's Office will withhold its sign-off until the DOA has completed its Study of Agricultural Impacts or has received written notification from the DOA that an agreement has been reached on minimizing the negative agricultural impacts associated with the project(s).

D. If, within 30 working days of receipt of the application by the DOA, the Governor's Office has not been contacted by the DOA regarding the submitted application, the Governor's Office will assume the DOA has no objections and will proceed with the sign-off of the project(s).

2. Should either agency experience changes in policy or procedures which would alter the manner in which the agreement would be executed, the sister agency shall be informed for the purpose of negotiating a new agreement.

3. This Cooperative Working Agreement and the associated Agricultural Land Preservation Policy Statement shall be the governing document for the Bureau of the Budget/Office of the Governor and shall not be preempted in whole nor in part by any other agency's agreement.

(July, 1987; revised)

History

• Source: Amended at 12 Ill. Reg. 5235, effective March 4, 1988

8 Ill. Adm. Code 700.APPENDIX C Capital Development Board

Section 700.EXHIBIT A Capital Development Board's Agricultural Land Preservation Policy Statement

I. DESCRIPTION OF CURRENT CAPITAL DEVELOPMENT BOARD PROCEDURES

In its role as the State's builder, the Capital Development Board (CDB) provides technical assistance to user agencies in constructing new or rehabilitating present facilities. The CDB is given site selection and land acquisition authority by the General Assembly on selected major new construction proposals. All other land selection and acquisition involvement by the CDB requires the input of user agencies and is usually limited to technical evaluation of user proposed sites for suitability for the facility under consideration.

Because of the construction role it plays for user agencies, the CDB does not "own" land in the traditional sense. Site selection and land acquisition by the CDB occur on a project by project basis only, and are accomplished as part of the Agency's capital construction responsibilities. Ownership of land by the CDB continues only for the duration of construction of capital facilities. The completed facility and site are then transferred to the user agency or the Department of Central Management Services.

The following description of CDB procedures highlights those steps which involve site selection and land acquisition. Capital project development varies slightly for different types of agencies. For the majority of projects, the CDB role in site selection is secondary to that of the user agencies. Often, agencies acquire land for projects prior to CDB's administration of the project. This is especially true for school districts with local boards, including elementary and secondary schools, area vocational centers, and community colleges.

In other instances, an agency may have identified but not purchased a potential site prior to CDB administration. In these cases, the CDB may approve and then acquire the site for the agency.

For a small number of projects, the CDB has administered site acquisition from the identification of potential locations through site selection and final purchase of the land. The final determinant as to the extent of the CDB's involvement in land acquisition is the appropriation legislation passed by the General Assembly.

In relation to site selection and land acquisition, user agencies can be grouped into the four basic categories listed in 8 Ill. Adm. Code 700.Appendix C: Table A.

The CDB land acquisition activities related to each of these groups (8 Ill. Adm. Code 700.Appendix C: Table A) are identified in 8 Ill. Adm. Code 700.Appendix C: Table B, which describes the CDB's "Project Development Process." As shown, the extent of the CDB's involvement in site selection and land acquisition varies according to user and type of project. In most cases, assistance is provided to user agencies in the form of programmatic review of the planned facility, technical evaluation of a proposed location, and review of site appraisals. Findings of the CDB's reviews are then given to the user for further consideration. Actual land acquisition is accomplished by the user.

In addition to providing technical reviews of proposed facility locations, the CDB can also approve and acquire user proposed sites, or select and purchase sites for a user agency. These situations usually arise in conjunction with a major new facility to be constructed.

II. AGRICULTURAL IMPACTS OF CDB PROCEDURES

The agricultural impact of the CDB land acquisition procedures are normally minimal by virtue of the limits of authority granted to the CDB, user agency involvement, and the type and location of land usually acquired. In those cases where the CDB has been solely responsible for land acquisition or has approved and acquired a user proposed location, many of the sites have been located in urban, center-city settings. Acquisition of such sites in the future will result in minimal, if any, agricultural impacts. However, an adverse agricultural impact can occur in those instances when rural sites are acquired by the CDB or by the user agencies for new facilities.

III. MEASURES TO MITIGATE ADVERSE AGRICULTURAL IMPACTS

Future adverse impacts on agricultural land can be minimized by instituting policy changes in the CDB site selection and land acquisition procedures. A description of the mitigation measures is provided in 8 Ill. Adm. Code. 700.Appendix C: Exhibit B, as they relate to the various types of CDB user agencies. The measures comprise the CDB's basic Agricultural Land Preservation Policy.

(June, 1987; revised)

History

• Source: Exhibit A renumbered for Appendix C and amended at 11 Ill. Reg. 18569, effective November 2, 1987

Chapter I Department of Agriculture

Subchapter q Soil and Water Conservation

Part 700 Farmland Preservation Act

8 Ill. Adm. Code 700.APPENDIX C Capital Development Board

Section 700.EXHIBIT B CDB Agricultural Land Conversion Mitigation Measures

1. The site is subject to review and CDB will notify the Illinois Department of Agriculture (DOA) of proposed sites involving possible farmland conversion if:

a) the proposed site is greater than ten (10) acres in size, and

b) the proposed site is located outside the corporate boundaries of a municipality.

2. A Study of Agricultural Impact will be prepared by the DOA on potential project sites that are subject to the DOA's review. The results of the study will be forwarded to the CDB for incorporation into the CDB's programmatic and technical reviews (Step 4 in 8 Ill. Adm. Code 700.Appendix C: Table B) of user budget requests.

3. The findings of the DOA's study will be submitted to the CDB in accordance with Section 700.Appendix A: Exhibit B(3) to avoid delays in budget formulation or in decision making during project execution.

4. When a Study of Agricultural Impacts is conducted, the CDB's programmatic review process will reflect the consideration of agricultural land conversion impacts of the proposed project sites.

5. In cases where the CDB has sole responsibility for site selection and land acquisition, or approves and acquires a user proposed site, an agricultural land conversion impact factor will be incorporated into the site evaluation process.

6. The CDB Architect/Engineer Project Manual will include design considerations for agricultural land impacts when a Study of Agricultural Impacts has been prepared.

These mitigation measures will be implemented by the CDB as the basis of the CDB's Agricultural Land Preservation Policy.

History

• Source: Exhibit B renumbered from Exhibit A and amended at 11 Ill. Reg. 18569, effective November 2, 1987

8 Ill. Adm. Code 700.APPENDIX C Capital Development Board

Section 700.EXHIBIT C Capital Development Board – Illinois Department of Agriculture Cooperative Working Agreement

The Capital Development Board (CDB) and the Illinois Department of Agriculture (DOA) agree to the following in regard to the implementation of the Farmland Preservation Act (Ill. Rev. Stat. 1985, ch. 5, par. 1301 et seq.):

1. The CDB will provide official notification to the DOA for user agency land acquisition budget proposals or those projects solely administered by the CDB if:

a) the proposed site is greater than ten (10) acres in size, and

b) the proposed site is located outside the corporate boundaries of a municipality.

2. The notification will include specific project information in accordance with 8 Ill. Adm. Code 700.Appendix A: Exhibit B, "Project Proposal Information Requirements."

3. The DOA hereby agrees to complete its Study of Agricultural Impacts in accordance with the provisions of 8 Ill. Adm. Code 700.Appendix A: Exhibit B, "Time Limitations," and submit the findings of the study to the CDB in order to be incorporated into the CDB's budget request review process.

4. The CDB will not release information to the general public relative to a final decision on a project site(s) which falls under the DOA's purview until the official Study of Agricultural Impacts has been completed and conflicts (if any) with the DOA regarding the site(s) in question are resolved.

5. If a project is not in compliance with the CDB Agricultural Land Preservation Policy and/or Cooperative Working Agreement and a compromise cannot be reached, the DOA shall invoke the Conflict Resolution Process (8 Ill. Adm. Code 700.Appendix A: Exhibit C).

6. All revisions to this agreement shall be made after consultation with, and concurrence by, both parties.

(June, 1987; Revised)

Section 700.APPENDIX C Capital Development Board

Section 700.TABLE A CDB User Agency Designation in Relation to Land Acquisition

GROUP

USER

1

Local School Districts (Capital Assistance Program)

Area Vocational Districts (Vocational-Educational Centers)

Community College Districts (Community Colleges)

2

Higher Education Institutions (State Colleges and Universities)

3

Code Agencies

Elected Officials

4

Port Districts

Section 700.APPENDIX C Capital Development Board

Section 700.TABLE B Capital Project Development Process

PROJECT DEVELOPMENT

1. User agency identifies a need for a new facility.

Land Acquisition Activity

Local school district, area vocational district, or community college acquires site if not already owned by district.

Other users may select and acquire site or defer action to later stages of budget development.

2. Project program statement prepared by user and/or Board Programming Section. A program statement is the description of the architectural and engineering requirements for the activities of agency units which will occupy a buildings. Also included is the identification of a site or the need for acquisition of a site for the proposed project.

3. Capital budget request prepared by user agency (for CDB and BOB).

4. Board Programming Section in conjunction with Technical Services Section reviews user request for adequacy of program statement, dollars, and long-range need.

Land Acquisition Activity

The CDB would provide land acquisition assistance to higher education institutions, code agencies, elected officials, if site not already acquired. Such assistance may include:

a) Programming Section reviews proposed site in relation to program statement.

b) Technical Services Section conducts technical evaluation of site in relation to such criteria as utilities, access, subsidence, soil capability and results of DOA's Study of Agricultural Impacts.

c) Land Acquisition Unit obtains and reviews appraisals and Attorney General's opinion on the property.

5. Construction element cost estimates verified by Technical Services Section.

6. Governor's capital program prepared.

7. Appropriation legislation drafted by the CDB and Bureau of the Budget.

CAPITAL BUDGET ENACTMENT

8. Appropriation bills introduced.

9. Information supplied to legislative staff by the CDB and user.

10. Passage and signature by Governor.

PROJECT IMPLEMENTATION

11. Request for release of funds by user and the CDB.

12. Architect/Engineer selected/approved by the CDB.

13. Governor's release of funds.

Land Acquisition Activity

Higher education institutions and port districts acquire land if not already owned.

Code agencies and elected officials acquire land if not already owned or the CDB acquires site for proposed project.

14. Design phase; the CDB and user agency approved A/E design for construction.

15. Advertisement, bidding, and award of construction contracts by the CDB.

16. Construction phase; the CDB monitors work of A/E and contractor through construction.

17. Transfer of completed work from the CDB to user or Department of Central Management Services.

Section 700.APPENDIX C Capital Development Board

Section 700.TABLE C Capital Development Board - Agricultural Land Conversion Mitigation Measures (Repealed)

History

• Source: Added at 11 Ill. Reg. 18569, effective November 2, 1987
• Source: Amended at 11 Ill. Reg. 18569, effective November 2, 1987
• Source: Amended at 11 Ill. Reg. 18569, effective November 2, 1987
• Source: Repealed at 11 Ill. Reg. 18569, effective November 2, 1987

8 Ill. Adm. Code 700.APPENDIX D Illinois Department of Conservation

Section 700.EXHIBIT A Agricultural Land Preservation Policy Statement and Cooperative Agreement

INTRODUCTION

The Department of Conservation (DOC) has stewardship responsibilities for conserving and managing the aquatic, wildlife and forest resources of the state; preserving and protecting nature preserves, endangered species, historic, cultural, and archaeological resources; acquiring, developing and operating state parks and other outdoor recreation facilities; and providing a wide range of outdoor recreation opportunities for Illinois citizens (see 8 Ill. Adm. Code 700.Appendix D: Exhibit B). In carrying out these varied responsibilities, the DOC acquires and manages land, develops both site specific plans and statewide comprehensive recreation and natural resource plans, administers grant programs, reviews environmental impacts of proposed projects, and provides technical assistance regarding conservation practices.

The DOC is a major land-holding agency, and as such, a potential impact of DOC programs, and operations on agricultural land conversion is through land acquisition. The types of lands of greatest interest to the DOC for acquisition include areas with unique natural resources, significant fish and wildlife habitat values, scenic qualities and recreation potential. In general, land currently in agricultural production is not the type of land desired by the DOC; however, lands acquired by the Department may have the potential for agricultural use. To meet its statutory responsibilities, the DOC must give highest priority to its programs for the protection of the state's natural, cultural and recreational resources. Therefore, the DOC will continue to emphasize conservation of these resources in acquisition, permit review and other programs.

In many cases, land acquisition by the DOC has a positive impact on agriculture. Management practices are carried out to conserve the soil and thus prevent soil erosion. Committing the land to open space maintains the land's potential for future agricultural use. The same options would not be available for lands converted to housing developments, industrial complexes or other uses where soils have been severely disturbed or covered with asphalt and concrete.

BACKGROUND

During the six fiscal years, FY 1981 - FY 1986, the DOC purchased or provided grants for the purchase of 13,893 acres of land. Of this acreage, 20.1% was cropland, 2.1% was pastureland, 41.5% was forestland, and 36.3% was other land (old fields, urbanlands, water bodies, brushlands, and prairie, etc.).

In FY 86, the DOC was responsible for approximately 12% of the total estimated 32,212 acres of Illinois farmland which was purchased and converted or otherwise influenced by an action of any of the 9 state capital development agencies that same fiscal year. It should be noted, however, that not all agricultural land which was purchased by the DOC was actually converted to non-agricultural uses. Some agricultural land purchased by the DOC continued to be managed for agricultural purposes.

As of June 30, 1986, the DOC owned and managed a total of 358,103 acres of land. In calendar year 1986 the DOC leased out 17,066 acres for farming. In addition, significant acres were planted in crops by the DOC. These farmed areas include lands producing food and cover for wildlife, and lands the DOC may develop at some time in the future, but in the interim remain in crop production.

AGRICULTURAL LAND PRESERVATION POLICY

The Illinois Department of Conservation's Agricultural Land Preservation Policy has been developed in response to the Farmland Preservation Act (Ill. Rev. Stat. 1985, Ch. 5, par. 1301 et seq.). The Department of Conservation (DOC) recognizes the need to prevent farmland from being unnecessarily converted to non-farm uses. Accordingly, DOC will fully comply with the Farmland Preservation Act by planning, adopting and implementing a policy to minimize the conversion of agricultural land while at the same time fulfilling its statutory mission.

Further, the DOC will cooperate with the Illinois Department of Agriculture (DOA) in protecting Illinois' farmland from unnecessary conversion by participating on the Inter-Agency Committee on Farmland Preservation, and by adhering to the Cooperative Working Agreement with the DOA. Any conversion of agricultural land by DOC will follow the intent of this Agricultural Land Preservation Policy and the DOA-DOC Cooperative Working Agreement.

Following is the DOC's Agricultural Land Preservation Policy as it pertains to various agency functions.

LAND ACQUISITION

Acquisition of land by DOC has the greatest potential impact on agriculture. Therefore, it will be the policy of the DOC to minimize acquisition of Class I, II, and III lands and to strongly consider less-than-fee-simple acquisition. Further, for any DOC acquisition project, the acreage in Class I through VIII soils will be determined, if possible, and this information weighed in the decision-making process.

The current DOC acquisition program comprises several components or sub-programs:

1. Natural Area Acquisition

An important part of the DOC land acquisition program is acquisition of natural areas – areas of land and water that closely reflect presettlement conditions. These areas include forests, prairies, wetlands, endangered species habitats, geologic areas, and other areas with unique natural qualities. While these lands may have the potential for agricultural use if they were clearcut, drained and plowed, they represent the most unique and least disturbed natural lands in the state and, therefore, should be preserved in their natural condition. Because only .07 of one percent of Illinois' landscape remains as it was at the time of settlement, the need to protect these few areas becomes most apparent.

The DOC's acquisition of natural areas will focus on acquiring those areas identified on the Illinois Natural Areas Inventory (a comprehensive study of the entire state, carried out between 1975 and 1978, locating 1,089 remaining natural areas statewide), or those areas that meet the requirements to be included in the Inventory, e.g., endangered and threatened species habitat, which is seriously threatened, an area with features not already represented in a preserved site, and an area in a region of the state with few preserved natural features. These priorities for acquisition of natural areas were established as part of the 1980 "Illinois Natural Areas Plan: To Preserve and Protect Our Heritage."

Normally, the acquisition of inventoried natural areas will not include land in agricultural production. In some cases, however, acquisition of additional land surrounding the natural area will be necessary in order to provide access or maintain buffer to protect the natural area. In these situations, alternatives to fee simple acquisition, such as conservation leases and easements, will be considered. In some cases, these alternatives could allow compatible farming practices to continue while at the same time providing protection for the natural area. Outright purchase will be considered when the conditions for the other options, such as leases and easements, cannot be agreed upon with the owner.

2. Expansion Acquisition

A second type of DOC land acquisition effort involves expansion of existing DOC properties. Acquisition to expand existing facilities will be in accordance with comprehensive site plans or other site planning products for the property, e.g., feasibility and special studies. Comprehensive site plans provide specific development, management, use and acquisition direction. An analysis of the agricultural impacts will be integrated into the comprehensive site planning process as an additional criterion.

When acquisition of farmland is proposed within a site plan prepared prior to the Governor's Executive Order Number Four, another evaluation of these parcels will be conducted prior to actually purchasing the land, in order to ensure that they remain essential. In evaluating these parcels, the DOC will investigate the feasibility of less-than-fee-simple acquisition (e.g., conservation leases or easements) as an alternative to outright purchase. In preparing future site plans, the potential for utilizing less-than-fee-simple acquisition will also be explored as part of the planning process. Considerations will include management goals, relative cost, and landowner preference.

For sites lacking comprehensive planning direction, any proposed acquisition will be subject to an evaluation of the agricultural impact prior to being included in the DOC capital budget. As part of this assessment, the DOC will consider the suitability of these lands for needs identified in DOC's internal policy plan Outdoor Recreation in Illinois: The 1983 Policy Plan, and subsequent action plans.

3. New Facilities Acquisition

The DOC also acquires land for new facilities. Selection of a specific site for a new recreation or conservation area, other than a natural area, will be based upon resource capability, recreational potential, locational desirability, acquisition and development costs, environmental impact, and agricultural impacts, both existing and future. Selection of a preferred location among various alternatives will be based upon the above suitability criteria to determine which site can best meet the goals of the project while at the same time minimizing impacts to agriculture.

4. Linear Corridor Acquisition

Purchase of land for long-distance linear corridors is another special type of DOC acquisition. Emphasis will be given to acquiring land which connects points of scenic, natural, cultural or recreational interest and is not Class I, II and III land. In cases where the most direct routes between points of interest would take agricultural land out of production, alternative routes will be examined. Specific criteria for acquisition of land for long distance trails are addressed in the Long Distance Trails Section (pp. 45 and 46), of "Outdoor Recreation in Illinois: The 1983 Policy Plan."

5. Wildlife Habitat Acquisition

A major component of DOC's acquisition program is habitat acquisition, which is intended to address the paramount threat to Illinois' wildlife today – loss of habitat, both in quantity and in quality. During the last century, most of the natural land in the private sector has been converted to other uses at the expense of the wildlife resource base. This problem has now reached crisis proportions as documented in the 1985 report of the Illinois Wildlife Habitat Commission, entitled "The Crisis of Wildlife Habitat in Illinois Today," which strongly advocates expansion of public lands and better utilization of them for wildlife conservation. This recommendation was translated into legislative action in February, 1985 as a major BUILD ILLINOIS initiative and was funded initially for four million dollars in July, 1985. As of February, 1987, the DOC has secured or programmed for acquisition, some 17,248 acres of wildlife habitat at sixty-six (66) sites throughout the state.

To use available dollars wisely, the DOC has developed a set of guidelines to aid in acquistion decisions, which includes the agricultural impact. Specifically, habitat acquisition will conform to the DOC's Agricultural Land Preservation Policy, and the agricultural impact of any potential acquisition will be weighed in the site-selection process. Other criteria include availability, habitat quality, vulnerability, manageability, public input, less-than-fee acquisition potential, recreational potential, and statewide location.

CONSERVATION EASEMENTS

Easements provide the DOC with a valuable mechanism to reduce adverse impacts on agriculture caused by DOC programs, especially large scale projects. Easements are of great benefit because they can be used to allow the continuation of agricultural practices while preventing developments which may have adverse impacts on DOC properties. Essentially, conservation easements involve the landowner transferring to the DOC, through sale, donation or will, certain property rights, such as development rights. Easements can be for a specific length of time, but generally the purpose of obtaining easements is to protect the resource from development in perpetuity. Thus, easements can be used to insure continued agricultural use of the land.

The DOC will strongly consider obtaining easements in cases where the primary purposes of protecting parcels of land are to prevent encroaching development, preserve the visual integrity of the site, maintain an existing land use or provide buffer. The potential benefits to the DOC include reduced costs and management responsibilities, while at the same time protecting the critical resource which otherwise would have required the purchase of fee-simple title. Although an easement can be tailored to specifically accommodate the desires of both the DOC and the land-owner, the landowner's cooperation is necessary. If a landowner is not willing to enter into an easement agreement, a fee-simple acquisition will then be considered.

Less-than-fee-simple acquisition could also be used to allow access across private lands for recreational purposes. As part of the DOC's trails planning process, the use of easements for providing long-distance trail opportunities will be addressed. The use of easements will also be explored in providing recreational use of stream corridors.

CONSERVATION LEASES

The DOC utilizes conservation leases on both a landlord and tenant basis when appropriate. Specifically, the DOC lets agricultural leases on DOC lands to private parties to produce food and cover for wildlife, sometimes on an interim basis following acquisition and pending development. In some cases, larger acreages are acquired than were originally proposed due to ownership patterns and individual landowner's desires. In such an instance, a lease-back will be considered to maintain the agricultural use of the additional property. As a stipulation of any farm lease, the DOC requires proper soil conservation techniques including, but not limited to, the use of conservation tillage, limited spring plowing, and crop rotation in order to protect the land and control erosion.

As an alternative to outright purchase, the DOC will also consider entering into a long-term lease where compatible with site objectives.

PROJECT REVIEW

A major responsibility of the DOC is to review construction projects proposed by federal, state and local governments, as well as private interests, to insure projects are constructed in a manner which is least damaging to Illinois' natural, cultural and recreational resources. As part of this function, the DOC reviews Corps of Engineers Section 10 and Section 404 permits; Soil Conservation Service projects; Department of Transportation, Division of Water Resources permits; National Pollution Discharge and Elimination System permits; state, federal and local highway projects; mining permits; utility power plant sitting proposals; transmission corridor location studies; environmental assessment reports; and Environmental Impact Statements. In addition to statutory charges, the DOC has been granted additional review responsibilities through federal laws such as the Fish and Wildlife Coordination Act (P.L. 85-624, as amended), Department of Transportation Act of 1966 (P.L. 89-670), Federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87), and the National Environmental Policy Act (P.L. 91-190).

In reviewing projects, the DOC evaluates effects upon wildlife habitat, aquatic habitat, forest resources, endangered and threatened species, natural areas, recreational resources, cultural and archaeological sites and other natural lands and waters which would be affected by the project. The DOC's major objective is to insure that project sponsors minimize and mitigate impacts upon Illinois' natural, cultural and recreational resources. During its review, the DOC will assess the various project impacts and make comments and recommendations to the permitting agency or project sponsor to insure the project is constructed in an environmentally sound manner. Specific procedures for internal review of construction projects are set forth in the DOC Policies and Procedures Manual.

GRANTS

Two major grant programs, the federal Land & Water Conservation Fund (LWCF) program and state-financed Open Space Lands Acquisition and Development (OSLAD) program, are administered by the DOC. Both provide funding assistance for acquisition and development of public outdoor recreation areas. Monies for the LWCF program are appropriated by Congress on an annual basis to Illinois through the National Park Service, U.S. Department of the Interior. A portion of that money is/may be used for DOC outdoor recreation acquisition, development and planning projects. The remainder is distributed on a competitive basis to local units of government, providing up to 50% reimbursement, on approved outdoor recreation acquisition and development projects. The OSLAD program provides funding assistance solely to local units of government, and also allows for up to 50% reimbursement on approved acquisition and development projects for public outdoor recreation areas. Typically, LWCF and OSLAD projects at the local level are situated within or contiguous to municipalities.

The LWCF and OSLAD programs are administered similarly by DOC per the rules set forth in 17 of the Ill. Adm. Code 3025 and 3030, and in accordance with the Land and Water Conservation Fund Act of 1965, as amended (78 Stat. 897) and the Illinois Open Space Lands Acquisition and Development Act (Ill. Rev. Stat 1985, ch. 85, pars. 2101 et seq.). In approving LWCF and OSLAD grants, the DOC will encourage project sponsors to minimize acquisition of productive farmland and will promote projects which are within a municipality, constitute contiguous development and are consistent with both DOC plans and local land use plans.

LANDOWNER ASSISTANCE

The DOC administers several programs to assist landowners in wise management of their land. These programs involve advising landowners of conservation practices which in turn benefit agriculture, e.g., reducing erosion and controlling noxious weeds. A brief description of each follows.

1. Acres for Wildlife

This program was established to encourage landowners to set aside part of their property on a yearly basis to provide habitat for wildlife. The program is designed to protect existing wildlife cover, although some modification or manipulation of the existing cover may occur. Maintaining the land as habitat may help control water run-off, thus benefiting adjacent agricultural land.

2. Roadsides for Wildlife

This program involves seeding roadsides, as well as waterways on private lands, to provide habitat for wildlife. Benefits to agriculture include control of erosion and noxious weeds.

3. Private Land Habitat Management Program

Through this program, the DOC provides technical assistance to private landowners in managing their land to provide wildlife habitat. Soil and water conservation are important secondary benefits. Permanent plantings of shrubs, trees, food patches and grass/legumes are usually confined to non-agricultural or very marginal lands.

Technical support is also provided to landowners participating in federal farm programs which retire cropland from production.

4. Reforestation And Technical Assistance

The DOC provides technical assistance to landowners on forest conservation practices. Assistance comprises management advice for the protection, enhancement and utilization of existing forest lands, and reforestation, including a limited supply of tree and shrub seedlings. Usually reforestation is encouraged on marginal lands not suitable for row crops. Many seedlings are also sold to urban and suburban landowners who own small acreages. Agricultural benefits of this program include soil erosion control, production of forest resources, windbreaks, and soil and water conservation.

SUMMARY

It will continue to be the responsibility of the DOC to protect the state's natural, cultural and recreational resources. Toward this end, the DOC will continue to operate a system of parks, recreation, and conservation areas, thus maintaining lands in their natural condition. Furthermore, the DOC will continue to carry out land management practices on these properties to protect the natural resources.

The DOC recognizes that the land is one of Illinois' most valuable natural resources and shares the concern for protecting it from adverse effects. The DOC will cooperate in the effort of the State of Illinois to minimize the conversion of land, valued for its agricultural products, to non-agricultural uses.

(May, 1987; revised)

Illinois Department of Conservation –

Illinois Department of Agriculture

Cooperative Working Agreement

This Cooperative Working Agreement between the Department of Conservation (DOC) and the Department of Agriculture (DOA) is part of the DOC Agricultural Land Preservation Policy, adopted to reduce the irreversible conversion of Illinois' agricultural land. The DOC and the DOA agree to the following:

I. The DOC will notify the DOA of all proposed land acquisition when the preliminary request is submitted to the Bureau of the Budget for consideration and DOC will describe the purpose of each applicable project. Additionally, the DOC will provide the required project information to DOA as specified in 8 Ill. Adm. Code 700.Appendix A: Exhibit B, "Project Proposal Information Requirements." The DOC will also justify the necessity for purchasing farmland, and indicate how the proposed acquisition is consistent with DOC's Agricultural Land Preservation Policy.

The DOC and DOA recognize that certain types of DOC land acquisition involve special situations that should be treated as such. These are enumerated below (see II - VIII). It will be the responsibility of the DOC to identify these special types of acquisition in the project information submitted to DOA.

II. The DOC will continue its program to acquire and protect natural areas identified by the Illinois Natural Areas Inventory, the comprehensive statewide survey which documented the location of relatively undisturbed natural communities, endangered species habitats, geologic areas, and other categories of natural areas. Areas proposed for acquisition may also include additional lands that meet the Inventory criteria, but were not discovered during the initial survey. (The Inventory is a dynamic data base, updated by adding qualifying areas and deleting those that no longer meet the criteria for inclusion.) The DOA recognizes the significance of preserving the few natural areas remaining in the State and supports the DOC's efforts to acquire Inventory areas.

Therefore, the DOA will not conduct a Study of Agricultural Impacts, regardless of the size of the inventoried natural area. Acquisition of any additional land surrounding the natural area will follow the guidelines specified in the DOC's Agricultural Land Preservation Policy and will be subject to DOA's Study of Agricultural Impacts.

III. The DOC purchases some agricultural land specifically to maintain its agricultural use. These farming operations are important in producing food and cover for wildlife. Some modifications of farming practices may occur, however, because lands being farmed under DOC ownership and management are subject to proper land management including, but not limited to, conservation tillage, limited spring plowing and crop rotation.

The DOC also purchases agricultural land to correct adjacent land management practices which are damaging the resources on DOC properties, e.g., watershed pollution. The DOA recognizes the value and necessity of this type of stewardship and wise land management practices. The DOC will notify the DOA of proposed projects of this type and explain the intent and necessity of acquisition and the agricultural impact resulting from DOC acquisition of the property. The DOA will determine whether an Agricultural Impact Study is needed for such acquisitions on a case-by-case basis.

IV. Much of the DOC's land acquisition involves completing previously programmed and initiated acquisition projects. The DOA recognizes the need for contiguous development of DOC properties. Therefore, acquisition of inholdings, regardless of size, will not be subject to the Agriculture Impact Study. For the purpose of this agreement, an inholding is defined as land which is surrounded at least on three sides by DOC ownership.

Proposed acquisition of landlocked parcels, which are dependent upon access through DOC land, shall be given special consideration by the DOA when such access conflicts with management goals for the adjoining DOC land.

V. The DOA will not perform a Study of Agricultural Impacts for DOC projects encompassing 10 acres or less of land. All areas proposed for acquisition by the DOC regardless of size, however, will follow the land acquisition policies set forth in the DOC Agricultural Land Preservation Policy.

VI. The DOA will not perform a Study of Agricultural Impacts on projects located within municipalities.

VII. In the event that acquisition of a parcel is not completed during the fiscal year for which it is programmed, the scope of the project does not change with respect to the land acquisition, and a review and/or Agricultural Impact Study has been completed, it shall not be subject to further review nor the Agricultural Impact Study process in subsequent years.

VIII. Land acquired by gift, administrative transfer, conservation easement, or conservation lease, shall be exempt from the Agricultural Impact Study process.

IX. It is imperative that the DOC's land acquisition program proceed on schedule during each fiscal year. Accordingly, in the event the DOA has not completed its agricultural impact review of a DOC project site within 30 days of notification, the DOC may proceed with acquisition unhampered. However, the 30 day review time frame will not commence until the DOA has received the required project information. If problems arise, the DOA may request, in writing, a 15 day extension. Furthermore, DOC will not release information to the general public relative to a final decision on a project site(s) which falls under the DOA's purview until the required Study of Agricultural Impacts has been completed.

X. If a project is not in compliance with DOC's Agricultural Land Preservation Policy and/or Cooperative Working Agreement and a compromise cannot be reached, the DOA shall invoke the Conflict Resolution Process (8 Ill. Adm. Code 700.Appendix A: Exhibit C).

XI. The DOC and the DOA will take all possible measures to insure that procedures relating to the implementation of this Agreement will remain confidential.

XII. This Cooperative Working Agreement and the associated Agricultural Land Preservation Policy shall be the governing document for the DOC and shall not be preempted in whole nor in part by any other agency agreement.

(May, 1987; revised)

History

• Source: Exhibit A renumbered from Appendix D and amended at 11 Ill. Reg. 18569, effective November 2, 1987

8 Ill. Adm. Code 700.APPENDIX D Illinois Department of Conservation

Section 700.EXHIBIT B Illinois State Statutes Governing the Department of Conservation

Following is a list of the major state statutes which delineate roles and responsibilities of the DOC.

1. Illinois Endangered Species Protection Act (Ill. Rev. Stat. 1985, ch. 8, pars. 331 et seq.)

2. Fish Code of 1971 (Ill. Rev. Stat. 1985, ch. 56, pars. 1.1 et seq.)

3. Game Code of 1971 (Ill. Rev. Stat. 1985, ch. 61, pars. 1.1 et seq.)

4. Boat Registration and Safety Act (Ill. Rev. Stat. 1985, ch. 95½, pars. 311-1 et seq.)

5. Snowmobile Registration and Safety Act (Ill. Rev. Stat. 1985, ch. 95½, par. 601-1 et seq.)

6. AN ACT in relation to State forests, operation of forest tree nurseries, and providing penalties in connection therewith (Ill. Rev. Stat. 1985, ch. 96½, pars. 5901 et seq.)

7. AN ACT in relation to the acquisition, control, maintenance, improvement and protection of State parks (Ill. Rev. Stat. 1985, ch. 105, pars. 465 et seq.)

8. Civil Administrative Code of Illinois (Ill. Rev. Stat. 1985, ch. 127, pars. 63a et seq.)

History

• Source: Exhibit B renumbered from Exhibit A and amended at 11 Ill. Reg. 18569, effective November 2, 1987

8 Ill. Adm. Code 700.APPENDIX E Department of Commerce and Community Affairs' Farmland Preservation Policy and Cooperative Agreement

PREFACE

On July 22, 1980, Governor James R. Thompson signed an Executive Order entitled "Preservation of Illinois Farmland" which required the Department of Commerce and Community Affairs and other state agencies develop an agricultural land preservation policy. In response to that Order, the Department of Commerce and Community Affairs has prepared the following policy document.

POLICY

It is the policy of the Department of Commerce and Community Affairs to support and promote the preservation of Illinois farmland.

BACKGROUND

The Department of Commerce and Community Affairs (DCCA) was established in 1979 to promote community and economic development in Illinois. DCCA serves as the central source of information and assistance for businesses and local governments in order to:

Strengthen the state's economy

Strengthen local government leadership

Increase employment opportunities

The primary mission of the Department is to ensure economic stability, enhance business prosperity, increase employment and employment opportunities, and promote the increased capabilities of local governments and other public entities to achieve balanced development of economic, human and natural resources.

In fulfilling its goals, DCCA aids the public and private sectors. DCCA does not engage in capital development projects. The department assists communities and private companies engaged in development activities. By promoting economic and community development DCCA may indirectly contribute to the conversion problem. DCCA's farmland policy is intended to mitigate the department's indirect role in the conversion process, and make achievement of development goals compatible with established state policy regarding farmland preservation.

IMPACT OF AGENCY ACTIVITIES

A. Marketing

DCCA marketing programs are designed to encourage and promote the continuing internal economic development of Illinois, and to sell Illinois around the world to business leaders and tourists. Making business leaders in Illinois and throughout the world more aware of the state's business services and resources; increasing the visibility of the state's tourist attractions worldwide; and improving the self-image of Illinois and its communities are the primary objectives of DCCA marketing programs and services. Illinois' strengths as a major business state are communicated within the state and around the world through advertising campaigns; publications; films, video tapes and multi-image presentations; trade shows and missions; marketing alliances such as Illinois, Inc.; exhibits; telemarketing campaigns; and personal contact among business leaders and DCCA marketing representatives. Illinois tourist attractions are promoted through similar means with additional emphasis on consumer-oriented marketing activities targeted at business and pleasure travelers. Important components of the department's marketing programs and services help individual communities throughout Illinois improve and promote their business and community resources and tourist attractions. Making Illinois a more profitable and productive home for business, and providing specific location and expansion services to individual firms are the objectives of an array of DCCA activities.

In cooperation with municipal authorities and realtors, data on available industrial sites and buildings throughout Illinois are computerized for a quick and precise match-up to a firm's specific location requirements. Typical of information available is rail access, square feet, transportation and utility service. Approximately 300 community profiles provide industrial clients seeking to expand or relocate with essential information on a particular community.

No overall figures are available on the amount of farmland converted as a result of Marketing's development activities. However, since the majority of industrial prospects look for existing buildings, the loss of farmland due to development projects may be minimal.

B. Program Administration

To ensure employment for its citizens and to maintain an adequate tax base for the funding of local government services and operations, a community must strive to encourage the growth of its existing businesses and to attract new firms. Many DCCA programs are designed to help Illinois communities maintain and improve their business climates and services in both direct and indirect ways. For example, some DCCA community development programs provide direct grants to units of local government to finance the expansion or location of specific firms. Other programs help local government improve their general environment for the benefit of both business and residents and several programs subsidize individual households in a community. Whatever their specific purpose or direct beneficiary, all DCCA community development programs are designed to make Illinois cities and towns the best homes in America for both people and business.

DCCA provides several types of programs and services to help establish a balance between the demand and supply of skilled labor in Illinois communities. Some programs and services directly subsidize the employment training costs for specific businesses, while others provide funds to help finance community-wide employment training programs designed to provide income-eligible individuals with locally marketable job skills. Other special programs focus on the training and employment needs of targeted groups such as homemakers, youth and individuals who have recently lost their jobs as the result of business closures due to economic difficulties or technological advances.

Businesses, units of local government, community organizations and individuals receive financial assistance directly from DCCA to promote the overall economic development of Illinois. Financial assistance for business goes directly to firms from DCCA or may be passed through units of local government. Financial assistance to units of local government may be used to fund the expansion and location of specific firms, or may be used to improve the overall community environment for the benefit of both business and people, and to finance business-related services. Financial assistance to not-for-profit community organizations is passed through to eligible individuals and households, or may be used by the organizations to directly fund activities and projects of general benefits to the community or a targeted population. Financial assistance programs to individuals and households are designed to improve and maintain the immediate living environment of citizens while reducing the demand for such assistance on units of local government.

Through its planning and technical assistance activities, the Program Administration promotes orderly and efficient community growth, an important element in farmland preservation. Program Administration typically does not promote farmland conversions, and staff can often alert communities and local governments to the problems associated with farmland conversion.

IMPACT MITIGATION

The Department of Commerce and Community Affairs can best promote farmland preservation by serving in an educational and informational role. The Department can build a concern for farmland preservation into its programs by:

1. DCCA's industrial location programs will provide information to prospective firms on the state policy regarding farmland preservation, and its relationship to federal aid. DCCA will encourage location near existing development or development consistent with an overall community growth strategy or plan.

2. To facilitate the early identification of projects with potential agricultural impacts, indication of soil quality will be made in DCCA's industrial site location information. The Illinois Department of Agriculture (DOA) will assist with this soil assessment.

3. DCCA will consult with DOA regarding private agricultural conversion. Within the constraints of prospect confidentiality, DCCA will notify DOA of the locating decisions of businesses and industries and will request an Agricultural Impact Statement be compiled for locations further than 1½ miles from the authority of a municipality.

4. DCCA will educate communities on the benefits of farmland preservation. When practical, grantors will use the state policy of farmland preservation among the grant selection criteria.

(1981; revised)

COOPERATIVE AGREEMENT

This Cooperative Agreement between the Department of Commerce and Community Affairs and the Department of Agriculture is part of the Department of Commerce and Community Affairs' Farmland Preservation Policy, adopted to reduce the conversion of Illinois' agricultural lands. The Department of Commerce and Community Affairs and the Department of Agriculture agree to the following:

I. The Department of Commerce and Community Affairs will inform the prospective firm of the State of Illinois' commitment to the preservation of prime agricultural land and encourage the firm to seek a location that conforms with existing land use practices and plans by providing copies of the Farmland Preservation Act (Ill. Rev. Stat. 1983, ch. 5, pars. 1301 et seq.).

II. The Department of Commerce and Community Affairs will provide the Department of Agriculture with all information concerning industrial sites currently held in the Department of Commerce and Community Affairs' data base. The Department of Agriculture will identify those sites which are classified as "prime agricultural." The Department of Commerce and Community Affairs will make adjustments in its data base to indicate those sites as identified. The Department of Commerce and Community Affairs will provide a copy of Executive Order 80-4 to the prospective firm in all instances where a "prime agricultural" site is under consideration by the firm.

III. In instances where a prospective firm identifies a "prime agricultural" site as the future location of its facility and the site is greater than 10 acres and is not within the 1½ mile planning jurisdiction of a community, or properly zoned and controlled or inconsistent with local plans, the Department of Commerce and Community Affairs will contact the Department of Agriculture. The Department of Agriculture will decide whether the preparation of an Agricultural Impact Statement is appropriate. During the preparation of the A.I.S. and related D.O.A. comments on the use of state inducements for business expansion on that site DCCA will delay its firm offers of assistance in order to allow time for any needed conflict resolution to occur as referred in paragraph VII.

IV. The Department of Commerce and Community Affairs' housing technical assistance staff will provide information to housing authorities and developers concerning Executive Order 80-4.

Department of Agriculture Responsibilities

V. The Department of Agriculture will complete the Agricultural Impact Statement in the time specified by the Department of Commerce and Community Affairs. Such time will be not less than 15 days and not longer than 45 days.

VI. The Department of Agriculture will take all possible measures in accordance with The Freedom of Information Act (Supp. to Ill. Rev. Stat. 1983, ch. 116, pars. 201 et seq.) to insure that private sector and/or individual matters relating to the implementation of this Agreement will remain confidential.

VII. The Department of Agriculture shall follow the conflict resolution process when disputes arise between the the two Departments. This process shall require the Department of Agriculture to advise the Director of the Department of Commerce and Community Affairs, of the conflict as seen by D.O.A. If resolution is not obtained within 14 business days each agency shall present its position to its Program Liaison in the Governor's Office.

VIII. This Cooperative Agreement and the associated Farmland Preservation Policy shall be the governing document for the Department of Commerce and Community Affairs and shall not be preempted in whole or in part by any other agency's agreement.

(February, 1982; revised)

8 Ill. Adm. Code 700.APPENDIX F Department of Energy and Natural Resources' Agricultural Land Preservation Policy Statement and Cooperative Working Agreement

INTRODUCTION

The Department of Energy and Natural Resources' (ENR) Agricultural Land Preservation Policy has been prepared in response to the Farmland Preservation Act (Ill. Rev. Stat. 1987, ch. 5, par. 1301 et seq.). The Act calls for the preparation of an Agricultural Land Preservation Policy which shall include:

1. an analysis of the impact on agricultural land conversions caused by state agency programs, regulations, procedures and operations;

2. measures that can be implemented by each agency which will mitigate conversions to the maximum extent practicable;

3. provisions for minimizing agricultural land conversion as defined in Section 700.10.

ENR, as one of the agencies named in the Farmland Preservation Act, has developed the following policy in support of the Act. This approach ensures that agricultural preservation is viewed in the context of the State's total resources.

GENERAL POLICY STATEMENT

ENR recognizes the need to ensure that its actions do not unnecessarily encourage the conversion of farmland to non-farm uses when there are viable alternatives available which are less destructive to Illinois' agricultural lands. ENR will help protect the state's agricultural land from irreversible conversion to uses which result in its loss as an environmental or essential food production resource, however, ENR also recognizes that Illinois has other natural and cultural resources which deserve equal consideration and which play an important role in the state's economy, environment and heritage.

BACKGROUND

ENR has the duty to investigate practical problems, implement studies, conduct research and provide assistance, information and data relating to the technology and administration of environmental protection; energy; the natural history, entomology, zoology and botany of Illinois; the geology and natural resources of Illinois; the water resources and weather of Illinois; and the archaeological and cultural history of Illinois.

ENR has not been responsible for any agricultural land conversion in the past three years. Research facilities of the Geological, Natural History and Water Survey Divisions of the Department, aside from the central offices in Urbana, Champaign, and Savoy are generally secured either on a lease basis or through cooperation with other state agencies or divisions such as the Department of Conservation or the University of Illinois. The potential for land acquisition of the Surveys is small because of the availability of these cooperative arrangements, but some research needs in the future may dictate the purchase of land. Even in those cases, however, the purchase will probably not lead to the irreversible conversion of agricultural land.

The State Museum owns or operates three archaeological sites in Illinois and has the power to accept grants of property and to hold property for the purpose of preservation, research or interpretation of significant archaeological and natural phenomena areas within the state. In practice, most archaeological, historic and natural areas are acquired by the Illinois Department of Conservation and the Historic Preservation Agency.

ENR through its responsibilities in "The Illinois Coal Development Bond Act", grants money to encourage the development of coal use technologies and for research and development of other forms of energy such as solar, wind and biomass. The power of eminent domain can also be used by ENR for the purposes of sitting, obtaining rights of way or easements for coal resource developers in facility sitting and coordination with public and private organizations. Although this program has a potential for causing the conversion of agricultural land, it has not done so to date.

CONTRIBUTIONS TO AGRICULTURE

ENR has contributed to the preservation of agricultural, as well as other natural and cultural resources of the state, in many ways. Some specific responsibilities ENR has, which relate to these resources, are:

• to investigate and study the natural resources of the state and prepare printed reports and furnish information fundamental to the conservation and development of natural resources.

• to cooperate with and advise departments having administrative powers and duties relating to the natural resources of the state.

• to investigate all insects dangerous or injurious to agricultural or horticultural plants, crops and livestock.

• to act as the central data repository and research coordinator for the state in matters related to water resources.

• in the conduct of economic impact studies on rules and regulations of the Pollution Control Board to include an evaluation of the economic impact on Illinois agriculture.

• to carry out educational efforts in cooperation with other state agencies on natural resource and energy issues. ENR co-sponsored the two Governor's Conference on the Preservation of Agricultural Lands as part of this function. Educational aids directed at agriculture are also produced by the Surveys.

• to offer demonstration and assistance programs for alternative energy resources. Alcohol, gasohol and solar programs, projects and assistance have directly contributed to increasing the viability of the agricultural sector in Illinois.

IMPACT MITIGATION POLICIES

State Surveys

1. ENR will attempt to avoid irreversible conversion of agricultural land when the purchase of land is necessary to carry out Survey research functions. If research needs dictate that the Surveys purchase land, any purchases over ten (10) acres of agricultural land will be reviewed by an ENR committee in order to determine whether other alternatives exist. The committee will make a report of its finding and forward it to the Department of Agriculture (DOA). An exception to this would be the acquisition of an agricultural research farm. This potential case as well as other research needs for land is not expected to result in irreversible conversion.

Illinois State Museum

2. The Illinois State Museum will only purchase those sites of National Register quality for the purpose of preserving, studying and interpreting archaeological and natural phenomena. While this may mean that in the future some agricultural land may be removed from production, the application of criteria (36 CFR 60 (1983)) restricting acquisition to National Register quality sites will minimize adverse impacts to agriculture and help preserve the other natural or cultural resources of exceptional quality.

Illinois Coal Development Bond Act

3. ENR, in carrying out its responsibilities under this Act, will attempt to minimize any adverse impacts on agriculture. For state funded projects converting more than ten (10) acres of agricultural land, ENR will evaluate the potential adverse impacts on Illinois agriculture in accordance with 8 Ill. Adm. Code 700.Appendix A, EXHIBIT B, "Project Proposal Information Requirements," as well as other Illinois natural and cultural resources within the context of the state's social, economic and environmental goals based on such factors as the following: (a) decrease in future food production capabilities; (b) increase in soil erosion; (c) deterioration or reduction of water quality and groundwater supplies; and (d) other environmental factors related to the particular project that diminishes Illinois' cropland base or otherwise adversely impacts Illinois' agricultural lands. The information identified above and the alternative strategies for mitigation of adverse impacts shall be provided to the DOA.

When assistance is provided to sponsors of non-state funded projects for energy development, the ENR will provide a copy of the ENR Agricultural Land Preservation Policy Statement and the Cooperative Working Agreement to the sponsor at the earliest possible date.

(October, 1988; revised)

Department of Energy and Natural Resources – Department

of Agriculture Cooperative Working Agreement

The Illinois Department of Energy and Natural Resources (ENR) and the Illinois Department of Agriculture (DOA) agree to the following:

1. ENR shall notify the DOA in writing of all state-funded capital projects where it would be purchasing parcels of agricultural land of more than ten (10) acres. No notification is required if a project is located within a municipal boundary or within a one and one-half mile planning area of a comprehensive plan, if one exists, of a municipality. The DOA shall be notified if land is purchased by the three scientific surveys (Geological, Natural History and Water Survey) and the Illinois State Museum, however, land purchased by the three scientific surveys and the State Museum shall not be subject to the DOA's Study of Agricultural Impacts. For state funded capital projects requiring parcels of agricultural land of more than ten (10) acres, ENR will provide information in accordance with 8 Ill. Adm. Code 700.APPENDIX A, EXHIBIT B, "Project Proposal Information Requirements," to the DOA as necessary to make a determination of conflicts with state policy.

2. The opportunity shall be provided to the DOA to review projects funded through the Illinois Coal Development Bond Act before a contract is entered into with the applicant. DOA shall not publicize or circulate its comments beyond the DOA, ENR, and the Governor's Office.

3. The DOA shall complete its Study of Agricultural Impacts within a 30-day period after receiving the required information from the ENR in accordance with 8 Ill. Adm. Code 700.APPENDIX A, EXHIBIT B. The DOA shall follow the guidelines for review of the project proposals contained in its Agricultural Land Preservation Policy when conducting its review. Furthermore, ENR will not release information to the general public relative to a final decision on a project site(s) which falls under the DOA's purview until the official Study of Agricultural Impacts has been completed.

4. ENR shall follow the mitigation procedures outlined in its Agricultural Land Preservation Policy. The DOA shall be notified in writing of the purchase of any agricultural research farms.

5. ENR shall notify the DOA of any agricultural land donated to the agency. Donated land shall not be subject to DOA review.

6. ENR shall notify the DOA in writing of all proposed changes in policies and procedures that alter the existing agreement. If deemed necessary by both agencies, a new agreement shall be negotiated in accordance with the Act and these rules.

7. This Cooperative Working Agreement, ENR's Agricultural Land Preservation Policy and the Farmland Preservation Act shall be the governing documents for ENR's farmland preservation policies.

(October 1988; revised)

History

• Source: Amended at 13 Ill. Reg. 10489, effective June 16, 1989

8 Ill. Adm. Code 700.APPENDIX G Illinois Environmental Protection Agency's Agricultural Land Preservation Policy Statement and Cooperative Working Agreement

PREFACE

On August 19, 1982, Governor James R. Thompson signed into law the Farmland Preservation Act (Ill. Rev. Stat. 1987, ch. 5, par. 1301 et seq.), which required the Illinois Environmental Protection Agency (IEPA) to develop an agricultural land preservation policy statement and cooperative working agreement. The following policy statement and working agreement are submitted in accordance with the Act.

POLICY STATEMENT

The Illinois Environmental Protection Agency recognizes the need to maintain the quality of the State's productive agricultural land and also to protect this valuable resource from permanent conversion to non-agricultural uses. It shall be the policy of the Agency in its programs and operations to preserve Illinois farmland, through procedures consistent with State and Federal laws.

ANALYSIS OF IMPACT

The Illinois Environmental Protection Agency has the responsibility to protect public health, welfare and quality of life in Illinois by protecting the environment. The Agency monitors environmental pollutants, enforces pollution control regulations, carries out permit programs to control certain pollution related activities, and administers grants for planning and construction of wastewater treatment facilities.

IEPA's programs and operations do not involve land acquisition for capital development; therefore, the Agency will not directly cause conversion of agricultural lands. Indirect and secondary impacts may occur, however, through administration of permits, grants, and regulatory programs.

Permits

The four program Divisions of IEPA (Air Pollution Control, Water Pollution Control, Public Water Supplies, and Land/Noise Pollution Control) issue permits for the construction and operation of pollution control facilities, water treatment works, and enterprises which are potential sources of pollution. Additionally, the Agency issues authorizations or certifications to federal agencies for their action on applications for permits, licenses and other forms of federal approval of proposed activities.

The Agency's permit programs and related Federal programs can affect farmland as follows:

a. Through decisions on facility planning areas which consequently affect the location of new sewage treatment plants/interceptors and public water supply facilities/distribution systems.

b. Through construction permit decisions for new pollution control facilities which may be built at locations which could affect farmland.

c. Through decisions on the sitting of solid waste facilities.

d. Through decisions on other pollution source controls for mine related pollution and agricultural related pollution.

e. Through reviews of environmental impact statements.

Any Agency program activity which is responsible to Federal laws must comply with the National Environmental Policy Act and USEPA policy on farmland preservation. The USEPA policy, September 8, 1978, is consistent with policies of the U.S. Department of Agriculture and the Council on Environmental Quality. It proclaims, "It is EPA's policy to protect, through the administration and implementation of its programs and regulations, the nation's environmentally significant agricultural land from irreversible conversion to uses which result in its loss as an environmental or essential food production resource." However, Agency permit denials, absent state law, cannot be predicated in any instance solely on the taking of prime farmland out of production. Therefore, information on farmland for permit determinations is limited to the facts relating to pollution control attributes of the source. In the event a proposed activity is inconsistent with existing state law (i.e., Agricultural Areas Conservation and Protection Act (Ill. Rev. Stat. 1987, ch. 5, par. 1001 et seq.)), permits must be denied by the Agency.

Grants

The direct impact of state and federal wastewater treatment works construction grants programs administered by the Agency upon land conversion is generally insignificant. The major wastewater construction grant programs are the state Build Illinois Program and the U.S. Environmental Protection Agency program authorized under Section 201 of the Federal Clean Water Act.

In general, land requirements for sitting of grant eligible pollution control facilities are small and are responsive to the existing and near term needs of urban centers. However, the secondary effects of wastewater treatment provisions to accommodate anticipated future urban growth upon land conversion can be significant.

Future growth and anticipated wastewater treatment needs are currently limited to projected population levels established by the Illinois Bureau of the Budget forecasts and are limited to service within established facility planning areas (FPA). The service areas for growth are established by local governments consistent with their planned growth patterns and density into adjacent land areas. The planning requirements which must be met coupled with grant eligibility limitations on transport systems discourage leap frog development.

Although the impact of urbanization upon farmland conversion is significant, the wastewater grant programs merely help provide for adequate pollution control resulting from local decision making and population distribution.

All federal wastewater construction grants are required to protect environmentally significant agricultural lands from irreversible conversion to uses which result in its loss as an environmental or essential food production resource. As part of the decision making process for the planning, design and construction of interceptors and treatment facilities, farmland protection is considered. USEPA procedures are defined in regulations developed pursuant to the National Environmental Policy Act and the USEPA policy on farmland protection. An additional directive to minimize farmland conversion is provided to the USEPA in the federal Farmland Protection Policy Act (7 U.S.C. 4201 et seq.). Adequate consideration and mitigation are also an integral part of the State wastewater construction grant program which is operated consistent with the USEPA program.

Rules and Regulations

Regulatory programs are administered by each Division as prescribed by the Illinois Pollution Control Board's Rules and Regulations (35 Ill. Adm. Code: Subtitles A through H). Enforcement of the regulations may require application of pollution control techniques that are costly or discouraging to some agricultural operations. This is most evident where urban encroachment upon existing agricultural areas is occurring.

From a broader perspective the regulatory programs are supportive of farmland preservation. Specific agricultural exemptions are incorporated in the air, solid waste, and noise pollution regulations (Ill. Rev. Stat. 1987, ch. 111½, par. 21(f), and 35 Ill. Adm. Code 237.120(a), 722.151, 809.211, 901.107(a) and (c), and 902.140(a)(4)). Enforcement of the regulations protects and enhances the quality of Illinois' land, water, and air resources which are indispensible to a productive agricultural industry.

MITIGATION PROCEDURES

Agency program activities shall continue to be responsive to the Farmland Preservation Act. Agricultural land protection efforts shall be supported through intergovernmental coordination and review consistent with State and Federal laws. Reasonable opportunities for review and comment on Agency actions will be afforded consistent with schedules for Agency decisions prescribed by law, regulation, or Agency policy. Where applicable, Agency administrative procedures on regulatory and programmatic functions shall be administered in a manner which is consistent with the Farmland Preservation Act. Protection of agricultural lands shall be carried out in the following Agency actions:

A. The Agency will continue to participate in an inter-agency committee to carry out the objectives of land preservation.

B. Consideration of impacts on agricultural land shall be made within the process of developing new or revised regulations or administrative procedures. In particular, the conversion of farmland shall be evaluated by the Agency in accordance with the National Environmental Policy Act (42 U.S.C. 4231 et seq.) in considering revisions to boundaries of facility planning areas designated in accordance with the Clean Water Act (P.L. 95-217, as amended). Agency evaluation shall include consideration of comments from IDOA.

C. The Agency will provide the Illinois Department of Agriculture (IDOA) wastewater permit application information for purposes of administering the Farmland Preservation Act.

D. In conjunction with Agency approval of an FPA/construction grant (35 Ill. Adm. Code 362 and 363), potential farmland conversion will be considered in the decision making process.

E. Wastewater treatment works construction grant applicants will be required to submit information for the State Clearinghouse Review.

F. Agency programmatic activities shall support and encourage agricultural land protection programs to achieve a balanced resource management program.

(May, 1988; revised)

Illinois Environmental Protection Agency – Illinois Department of

Agriculture Cooperative Working Agreement

A. The IEPA shall provide official notification to the IDOA on a developing facility plan if the facility plan necessitates the creation of a new FPA or an expansion of an approved FPA; however, no notice shall be required for any activity occurring within an approved FPA. An official notification will include the following information when available from the project applicant:

1. Project description;

2. Map indicating general project location in the county;

3. The most current soil survey map showing precise project boundaries;

4. Identification of all land classes (I-VIII) lying within project boundaries and the number of acres contained within each land class;

5. Identification of zoning and whether the project is in compliance with a comprehensive plan regulating the project area, if applicable;

6. Identification of land use within project area and of that land contiguous to it;

7. The project proposal discussing how the size and location of the proposed project shall meet and not exceed the goals of the project thereby avoiding unnecessary farmland conversion;

8. Explanation of project location;

9. Name, address and telephone number of individual who provided the above information.

The IDOA will initiate its Study of Agricultural Impacts upon receiving the notification and will complete the study in accordance with 8 Ill. Adm. Code 700.Appendix A, Exhibit A, "Time Limitations."

Where applicable, the IEPA will not release information to the general public relative to a final decision on a project subject to the IDOA's Study of Agricultural Impacts until the IDOA has completed its study. If a project is not in compliance with the IEPA's policy statement and/or working agreement and a compromise cannot be reached, the IDOA shall invoke the Conflict Resolution Process in accordance with 8 Ill. Adm. Code 700.Appendix A, Exhibit C.

Upon approval of an FPA subject to this working agreement, IEPA will forward to IDOA the highest quality map available, delineating the boundaries to the new or modified FPA.

B. IEPA shall notify IDOA in writing when a petition is submitted to IEPA invoking the "Procedures and Requirements for Conflict Resolution in Revising Water Quality Management Plans" (35 Ill. Adm. Code 351). In turn, IDOA shall notify in writing the appropriate Soil and Water Conservation District (S&WCD). Notification shall include:

1. Those instances which would revise the Water Quality Management Plans (WQM) as outlined in 35 Ill. Adm. Code 351.103.

2. Those instances where exceptions to boundaries for FPA's may be granted without revising the WQM Plan as discussed in 35 Ill. Adm. Code 351.502.

Adequate notification shall be given to enable IDOA and the S&WCD to review the petition and participate as outlined in 35 Ill. Adm. Code 351.

C. When the project converts or has the potential to convert farmland, IDOA shall encourage the local S&WCD to participate in providing inputs into:

1. IEPA regulatory programs covered by P.A. 82-682 (facility sitting under the Environmental Protection Act); and

2. Issues covered by 35 Ill. Adm. Code 351.

D. IEPA will notify IDOA in writing of permit applications received for the development and operation of new municipal waste landfills not subject to the facility sitting provisions of P.A. 82-682.

E. IEPA will notify IDOA in writing of submitted permit applications that pertain to new facilities or modifications to existing facilities which are located outside of approved facility planning areas.

F. IEPA shall inform applicants for Wastewater Construction Grants of existing farmland protection policies and of information required on grant applications in accordance with the National Environmental Policy Act. Data required by the Agriculture and Food Act of 1981, P.L. 97-98, shall be solicited by the applicant from the U.S.D.A. Soil Conservation Service. In cases where these data are not available from SCS, IDOA shall endeavor to provide the necessary information to the applicant to complete the application where possible.

G. IDOA shall provide IEPA with current maps of the highest quality available, delineating the boundaries of all approved Agricultural Areas in the State.

H. Should either agency experience changes in policy or procedures which would alter the manner in which the agreement would be executed, the other agency shall be informed for the purpose of negotiating a new agreement.

(May, 1988; revised)

History

• Source: Amended at 13 Ill. Reg. 3653, effective March 13, 1989

8 Ill. Adm. Code 700.APPENDIX H Illinois Department of Mines and Minerals' Agricultural Land Preservation Policy Statement

In response to the Farmland Preservation Act (Ill. Rev. Stat. 1985, ch. 5, par. 1301 et seq.), signed into law by Governor Thompson on August 19, 1982, the Department of Mines and Minerals hereby submits its Agricultural Land Preservation Policy.

POLICY

It is the Department's policy, in executing all of its functions, to protect and restore prime farmland and high capability land to the extent practicable.

DEPARTMENT PROGRAMS IMPACTING FARMLAND

Unlike many other state agencies, the Department does not acquire land, nor does it construct roads or buildings. The Department issues permits to drill wells (oil, gas and water) and to mine minerals, both coal and aggregate.

The oil, gas and water activities affect a minimal amount of farmland. The greatest effect from such activities are brine spills from pipeline breaks leading to saltwater disposal wells and saline runoff from other unauthorized sources. The Department issues approximately 2000 permits a year in connection with oil and gas production and water injection or brine disposal activities. The present policy is to phase-out all unlined surface evaporation pits which will reduce the amount of farmland being utilized for this purpose. The Department is committed to enforcement of this policy through 62 Ill. Adm. Code 240: Subpart I (Rule IX of the Oil and Gas Rules). Further, 62 Ill. Adm. Code 240.1170 requires that after proper plugging and abandonment, the area shall be cleared of all refuse material, burnt waste oil, drain and fill all excavations, remove concrete bases, machinery and material, and level the surface within 6 months and the area restored as nearly as possible to the condition encountered prior to when operations commenced.

With respect to aggregate mines, it is virtually impossible to protect agricultural land completely because all that remains after mining is a pit, which usually fills with water. In such a case, there is an inevitable trade-off between agricultural land, if it is involved, and sand and gravel needed for construction and maintenance of roads and buildings. It would be difficult to issue permits only to sites not containing farmland, since sand and gravel deposits do not necessarily occur in economically recoverable quantities only under nonagricultural surface lands.

The Department's activities with respect to surface coal mining have long taken into account preservation of agricultural land. Stringent cropland reclamation requirements, such as Rule 1104 (now 62 Ill. Adm. Code 1825.12), have been imposed in 1976.

These requirements were the precursors to the prime farmland reclamation requirements in the Federal Surface Mining Control and Reclamation Act of 1977 (Federal Act) (30 U.S.C. 1201 et seq.).

Pursuant to Section 503 of the Federal Act, Illinois sought and gained approval from the Secretary of the United States Department of the Interior on June 1, 1982, of a state administered program granting Illinois exclusive jurisdiction over surface coal mining operations in Illinois.

Implementation of this permanent program has resulted in the two-tiered system for restoration of cropland affected by surface mining activities in Illinois.

The prime farmland provisions of the program address reclamation of soils meeting the definition of prime farmland set forth by the Secretary of the United States Department of Agriculture (7 C.F.R. 657.5 (1987)). While these soils must meet the federal definition of prime farmland, these soils are generally Class I and II soils as defined by U.S. Soil Conservation Service, Handbook 210, "Land Capability Classification" (1973, U.S. Department of Agriculture, Washington, D.C.). The prime farmland permitting and performance standard requirements (62 Ill. Adm. Code 1785.17 and 1823) are all geared toward ensuring mined prime farmland soils are as productive after mining as they were prior to mining. Post-mining productivity of reclaimed prime farmland soils is determined pursuant to the Agricultural Land Productivity Formula (A.L.P.F.) (62 Ill. Adm. Code 1816. Appendix A) developed by the Illinois Department of Agriculture. The post-mining land use of prime farmland soils must be cropland. Incorporations by reference in this Appendix do not include any later amendments or editions.

The second tier of the program includes soils exempted from the prime farmland requirements and all other soils capable of row-crop production. These are all soils included in Handbook 210, Classes I through III, and those Class IV soils with slopes of five (5%) percent or less. These soils are treated as high capability soils and must meet the permitting and performance standards for such soils. The program requirements for these soils are designed to ensure prime farmland soils grandfathered after July, 1982, are as equally productive after mining as before mining and the remaining high capability soils are ninety (90%) percent as productive after mining. The A.L.P.F. is also utilized to determine post-mining productivity of these soils.

For prime farmland soils, the A.L.P.F. requires equivalent post-mining productivity be demonstrated a minimum of three (3) crop years. One (1) year of the three (3) years must be at least year five (5) of the minimum five (5) year revegetation responsibility period. Also, corn must have been the successful crop grown for at least one (1) year.

The A.L.P.F. requires high capability soils achieve ninety (90%) percent productivity post-mining for a minimum of two (2) crop years. One (1) year of the two (2) years must be at least year five (5) of the five (5) year minimum revegetation responsibility period. Corn must be grown successfully one (1) year. The productivity standard for prime farmland grandfathered after July, 1982, is one hundred (100%) percent. High capability soils reclaimed to hayland or pasture must meet the above requirements but in tons per acre rather than bushels per acre.

In addition to requiring restoration of cropland affected by surface mining activities, the State's mining program also requires restoration of cropland affected by subsidence of underground coal mine workings. Cropland affected by subsidence must be restored to the same capability to produce crops that existed before subsidence occurred. Generally, subsidence damage to cropland is limited to interruption of internal or surface drainage that in most cases is restorable by reestablishment of drainage tile or surface structures.

The Illinois Department of Agriculture has reviewed permit applications, commenting upon foreseeable agricultural impacts, since 1978, and will be doing so in the future on a continuing basis, in accordance with an Interagency Agreement.

Although many acres of prime farmland and high capability soils are affected by surface coal mining operations, the effect is only temporary, unlike the effects of road building, airport and other industrial construction, and urbanization in general. In fact, many acres of mined land are now producing rowcrops, wheat and corn being the most successful crop to date. Many more acres have been returned to pastureland, which also constitutes an agricultural use of land.

It would be impossible to wholly eliminate the effect of coal mining on agricultural lands in Illinois because prime farmland and high capability soils occur over most of the state in varying quantities. However, the Department's coal reclamation regulations, in addition to the involvement of the Illinois Department of Agriculture in the review of permit applications, probably represents the most recognition and protection of agricultural land afforded by any state agency in Illinois, next to the Department of Agriculture itself.

CONCLUSION

The Department presently has regulations which provide for protection and restoration of agricultural lands, and is committed to the spirit and letter of those regulations. To date, we have had a good working relationship with the Illinois Department of Agriculture, and we anticipate that this cooperation will continue.

(June 1987; revised)

History

• Source: Amended at 11 Ill. Reg. 18569, effective November 2, 1987

8 Ill. Adm. Code 700.APPENDIX I Illinois Department of Transportation's Agricultural Land Preservation Policy Statement and Cooperative Working Agreement

PREFACE

The Farmland Preservation Act (Ill. Rev. Stat. 1991, ch. 5, par. 1301 et seq.) [505 ILCS 75] requires the Department of Transportation (DOT) and nine other State agencies to develop a policy statement specifying the agency's policy toward farmland preservation. The following statement has been prepared in response to that requirement. A working agreement has also been prepared to describe the administrative process that will be used to implement the policy. The Agricultural Land Preservation Policy prepared in response to Executive Order 80-4, signed by Governor James R. Thompson on July 22, 1980, will also remain in effect in accordance with Section 4 of the Farmland Preservation Act.

POLICY

Recognizing that its transportation objectives must be in concert with the overall goals of the State, it is the policy of the DOT, in its programs, procedures, and operations, to preserve Illinois farmland to the extent practicable and feasible, giving appropriate consideration to the state's social, economic, and environmental goals.

BACKGROUND/PERSPECTIVE

Highways, rail systems, airports, and port terminals by their nature, occupy land. The extent that transportation facilities will occupy today's farmland in the future primarily will depend on the DOT's programs, safety and operational requirements, and the degree to which a responsible balance is established among the various development and preservation interests of the State of Illinois.

With the existence of a comprehensive and largely complete transportation system in Illinois, the DOT's major program emphasis is directed toward preservation and rehabilitation of existing facilities, rather than expansion. Rehabilitation of the system for full and effective use, however, will require some additional land acquisitions to satisfy current safety and operational requirements. A limited number of new or expanded transportation facilities will be required in order to attract business and industry and improve service and access to Illinois markets. Expansion efforts must be carefully managed to preserve the agricultural community while serving the rural areas of the State.

In the past, new transportation facilities often were constructed on farmlands. This was due, in part, to a number of Federal laws and regulations pertaining to the protection of other sensitive areas, such as flood plains, wetlands, wildlife habitats, etc. Special protection is also provided for parks and historic sites. Federal law requires that such lands not be used for Federal-aid highway purposes, unless no feasible and prudent alternative is available. Executive Order 80-4 and the Farmland Preservation Act increase the protection afforded farmland, so that it is commensurate with the importance of the resource.

AGRICULTURAL IMPACTS OF HIGHWAY CONSTRUCTION

During FY 92, approximately 280 acres of agricultural land were purchased for the State highway system. This represents slightly less than 1 percent of the total farmland acquired or impacted during that period by the 10 State agencies regulated by the Farmland Preservation Act. It is anticipated that future conversions of farmland for highway purposes will average less than 1,000 acres per year.

The rate of farmland conversion for highway usage is expected to remain near current levels for three reasons. First, the current emphasis on rehabilitation of the existing system is expected to continue in the future. Because much of today's system was constructed in the 1920's and 1930's, an extensive and continuing program is necessary to rehabilitate and replace narrow and deteriorated bridges and pavements. Such a program is not expected to require significant land acquisitions. Secondly, certain mitigating factors for reducing adverse agricultural impacts already have been introduced into highway designs, and more are expected. For example, current design practices now encourage use of narrower medians and smaller interchanges. The third reason is the increased importance given agricultural conversions in decisions regarding highway projects.

AGRICULTURAL IMPACTS OF AIRPORT DEVELOPMENT

The publicly owned State airport system currently consists of 79 airports, serving 51 air carrier or commuter airlines and thousands of private pilots. The public airports outside Chicago occupy 39, 089 acres. Since 1983, public airports have acquired 4,433 acres, often without State financial support.

With a few exceptions, the system of airports envisioned in the State Airport System Plan is in place. Scott Air Force Base near Belleville, Illinois will be expanded within the immediate future to accommodate joint military-civilian operations. Studies are in progress for a third major airport to serve the Chicago area and its environs. In addition, construction of four or five new small airports is anticipated over the next 20 years. Limited expansion of existing airports will also be undertaken. Safety requirements of proposed airport projects will be balanced with an analysis of farmland impacts as required by Executive Order 80-4, the Farmland Preservation Act, and this Departmental Policy Statement.

AGRICULTURAL IMPACTS OF RAILROADS

The Illinois railroad system is a mature network of approximately 7,900 route miles (as of January 1, 1992) which includes mainlines and branchlines. This system has been gradually shrinking over the years as light density lines are abandoned and traffic is concentrated on fewer lines. Occasionally, the net result of branchline abandonment has been an increase in the amount of land in agricultural production since abandoned right-of-way can be restored to farmland usage.

The DOT does not own or operate railroad lines and does not exercise jurisdiction over most railroad projects which might affect farmland. However, in those instances where future Departmental decisions regarding railroad projects might impact the State's farmland resources, due consideration will be given to preserving agricultural land and minimizing adverse impacts on its productive capacity.

AGRICULTURAL IMPACTS OF WATER RESOURCES PROJECTS

Water resources projects, such as reservoirs, waterways, levees, and flood channels, involve land taking and damages and may cause production losses through conversion of farmland. However, the DOT's projects in recent years have concentrated on urban flood control. Where farmland is involved, a special evaluation will be made of the related impacts.

Some projects requiring DOT permits have the potential to cause increased flood damages on adjacent farmland. Flood impacts on adjacent farmland uses are considered, and permits are conditioned or denied in order to minimize such damages.

IMPACT MITIGATION

The DOT is committed to initiating special measures when transportation projects affect agricultural lands. Design standards are periodically reviewed and revised, and the new standards tend to favor minimal land acquisition, taking only those lands needed for construction and maintenance. For example, standardized right-of-way requirements for certain types of highways have been eliminated in favor of flexible requirements that stipulate acquisition of only those lands essential for construction and maintenance. The DOT will place a high priority on selecting lands which are not Prime farmlands for wetland mitigation purposes in devising wetland compensation plans. Consideration will also be given to mitigating wetland impacts on publicly owned lands (State or federal lands). Where land is purchased to prevent developments incompatible with transportation system safety or noise standards, such as land adjacent to airports, the DOT will give priority to acquiring easements on its own projects and will encourage other agencies to acquire only the development rights in the surrounding areas, so that the acreage can continue in agricultural use.

Planning studies for transportation or water resources projects will include an early determination of the potential for farmland impacts. The DOT will carefully consider the impacts of farmland conversion on the agricultural economy of the State.

Studies conducted in conjunction with transportation and water resources projects will include coordination and consultation with the Illinois Department of Agriculture and, when appropriate, other agricultural representatives. This interdisciplinary approach should assure that the impacts of DOT projects on the agricultural community are adequately and accurately assessed.

Although the DOT's mitigation measures will not necessarily eliminate the conversion of farmland to non-agricultural purposes, impact analysis and coordination will assure that a given conversion is consistent with our programmatic responsibilities, Executive Order 80-4, and the Farmland Preservation Act.

Illinois Department of Transportation – Illinois Department

of Agriculture Cooperative Working Agreement

Pursuant to Section 4 of the Farmland Preservation Act, the Illinois Department of Transportation ("DOT") and the Illinois Department of Agriculture ("DOA") hereby mutually agree to the following:

1. This Cooperative Working Agreement ("AGREEMENT") sets the guidelines for the implementation of the DOT's Agricultural Land Preservation Policy.

2. This AGREEMENT shall apply to those projects which the DOT authorizes, or in which it participates, except the following:

a) Those non-linear (spot) projects acquiring 10 acres or less of land;

b) Those linear projects acquiring 3 acres or less of land per project mile;

c) Those projects located within the boundary of an incorporated municipality;

d) Those projects located within the official one and one-half mile planning area of the comprehensive plan, if one exists, of an incorporated municipality;

e) Current projects as described by Section 7 of the Farmland Preservation Act.

3. The DOT agrees to notify, in writing, the DOA of projects that will have an impact on farmland in Illinois. The notice from the DOT should always be sent to the DOA within the location and environmental study phase and prior to the holding of any public hearings related to the project. This notice may be accomplished by the transmission of documents such as, but not limited to, the following:

a) proposed airport layout plans,

b) draft and final environmental analyses,

c) Illinois Rail Plan,

d) FY Highway Improvement Plan,

e) Water Resources Planning Reports, and

f) documents containing project descriptions.

4. The DOA shall determine, within 10 days, whether a Study of Agricultural Impacts is needed or not. When DOA finds that such study is necessary, the study shall be conducted as provided in paragraph 8 below.

5. The DOT will update its notices of farmland impacts as plans are changed and new information becomes available.

6. The DOT will cooperate in DOA's preparation of its annual report to the Governor and to the General Assembly on the amount of farmland converted to non-agricultural uses as a result of State action. The DOA will attempt to advise the DOT of the type of information needed a year in advance of the request for that information.

7. The DOT will mitigate the agricultural impacts of its projects covered by this AGREEMENT as provided in the Illinois Department of Transportation Agricultural Land Preservation Policy and its subsequent amendments. Minimum median widths and compressed diamond interchanges are representative of the mitigative measures that reduce the adverse impacts of highway construction on agricultural resources. The DOT will place a high priority on selecting lands which are not Prime farmlands for wetland mitigation purposes in devising wetland compensation plans. Consideration will also be given to mitigating wetland impacts on publicly owned lands (State or federal lands). In accordance with Sections 2 and 3 of this AGREEMENT, wetland compensation plans will be furnished to the DOA for review to determine compliance with the Farmland Preservation Act.

8. The DOA further agrees to the following:

a) To follow its project review process contained in its "Agricultural Land Preservation Policy" as amended, or other procedures upon which the parties have agreed, in carrying out its reviews under this AGREEMENT;

b) To complete its review of DOT projects within 30 days after notice with all required project information from the DOT;

c) To provide information and assistance to the DOT and its consultants upon request; and

d) To provide its comments in accordance to the procedures specified in the relevant documents or as otherwise agreed between it and the DOT.

9. The Illinois Departments of Agriculture and Transportation further agree that this AGREEMENT shall bind each only to the other and creates no rights in third parties.

10. All changes to this AGREEMENT shall be made after consultation with, and concurrence by, both parties.

11. This AGREEMENT shall become effective upon its signature by the Secretary of Transportation and the Director of Agriculture and shall remain in effect until 30 June 1996.

History

• Source: Amended at 17 Ill. Reg. 19469, effective October 29, 1993

8 Ill. Adm. Code 700.APPENDIX J Illinois Commerce Commission's Agricultural Land Preservation Policy Statement and Cooperative Working Agreement

PREFACE

On August 19, 1982, Governor James R. Thompson signed into law the Farmland Preservation Act (Ill. Rev. Stat. 1985, ch. 5, par. 1301 et seq.), which required the Illinois Commerce Commission to develop an Agricultural Land Preservation Policy Statement and Cooperative Working Agreement. The following Policy Statement and Working Agreement are submitted in accordance with the Act.

POLICY

Recognizing that the objectives of the Illinois Commerce Commission must be in accord with the overall goals of the state and of the requirements of The Public Utilities Act (Ill. Rev. Stat. 1985, ch. 111⅔, par. 8-406 and 8-509) and the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-8201 and 18c-8401), it is the policy of the Illinois Commerce Commission, in carrying out its regulatory responsibilities, to preserve Illinois farmlands to the extent practicable and feasible, giving appropriate consideration to the state's social, economic, conservation, aesthetic, environmental and energy goals, all subject to court review for compliance with the Act.

BACKGROUND AND PERSPECTIVE

Under Section 8-406 of The Public Utilities Act or Section 18c-8201 of the Illinois Commercial Transportation Law, no utility or common carrier by pipeline may begin construction of any new plant, equipment or facility, which is not in substitution of and/or addition to or extension of existing facilities, without first obtaining a Certificate of Public Convenience and Necessity from the Commission. Under Section 8-509 of The Public Utilities Act or Section 18c-8401 of the Illinois Commercial Transportation Law, a utility or common carrier by pipeline may take or damage private property in a manner provided by the law of eminent domain when directed by the Commission to construct facilities requiring the use of private property. The Illinois Commerce Commission does not acquire any land on its own behalf for capital improvements.

IMPACT MITIGATION

Pursuant to the provisions of The Public Utilities Act and the Illinois Commercial Transportation Law, the Illinois Commerce Commission has established rules under which utilities and common carriers by pipeline may seek Certificates of Public Convenience and Necessity. Included within these rules are notice requirements to interested parties. The Commission also conditions certificates granted for cross-country electric transmission lines so as to limit the impact upon farming operations to a minimum level.

Notice of all certificate applications filed by fixed utilities and common carriers by pipeline will be provided to the Illinois Department of Agriculture by mailing a copy of the Daily Filing Reports to the Department. Upon request by the Department to the Chief Clerk's Office, the Chief Clerk's Office will mail notice of hearings and other activities with respect to any filed certificate application proceeding pending before the Commission. The Department of Agriculture may, at its option, seek to be a party to any certificate proceeding.

If a project is to be located outside the corporate boundaries of a municipality and will require the purchase of an easement or land by fee simple acquisition, evidence to be presented by the utility or common carrier by pipeline in a certificate application shall include the following information, provided a site-specific project (e.g., power generating plant) will require more than 1 acre of land, or a linear-type project (e.g., electric transmission line) will require 3 acres or more of land per project mile:

A) For linear-type projects:

1. What length will be placed entirely on public right-of-way?

2. What length will be placed in whole or in part upon privately owned land?

3. What is the easement width needed?

B) On privately owned land in which easements will be purchased:

1. What is the location of easements which must be purchased, as indicated on a general county highway map(s)?

2. What is the current land use listed by acreage of crop land, pasture land, wooded or brushy land, or other land?

C) On privately owned land to be purchased via fee simple acquisition:

1. What is the location of the land which must be purchased via fee simple acquisition as indicated on a general county highway map(s)?

2. What is the current land use listed by acreage of crop land, pasture land, wooded or brushy land, or other land?

3. What is the proposed use of the land by the utility?

D) From how many private land owners must land be purchased:

1. Via easements?

2. Via fee simple acquisition?

E) For underground facilities:

1. How many inches of top cover will be placed above the top of the buried facility?

2. To what extent will the utility seek to discover field title damaged by construction operations anywhere within the construction easement and additional working rights area?

3. What method will be employed in repairing damaged field tile?

F) For electric transmission/distribution projects utilizing above-ground structures:

1. What type of support structures are proposed?

2. How many support structures will be placed on each of the following land uses?

a) Crop land.

b) Pasture land.

c) Wooded or brushy land.

d) Existing utilization lines (field borders, farm roads, grassed waterways, etc.).

e) Public right-of-way.

f) Other lands.

3. If the electric line parallels public right-of-way, but is to be placed on private land, how far from the edge of the right-of-way will the center line of the support structure be placed?

4. To what extent will the utility seek to discover field tile damaged by construction operations anywhere within the construction easement and working rights area, and how will damaged tile be repaired?

G) On lands disturbed by construction, what methods will the utility employ to:

1. Restore soil productivity, including the alleviation of soil compaction, on crop land, pasture land, or wooded or brushy land once construction has been completed?

2. Restore surface drainage and repair damaged conservation practices once construction has been completed?

3. Control excessive erosion during and after construction?

4. Ensure that all construction debris is removed once construction has been completed?

H) What is the responsibility of the utility to correct or compensate landowners for damages to private property or crops caused by construction and future maintenance or repair?

IMPACT STATEMENT

Pursuant to Section 8-406(b) of The Public Utilities Act, "no public utility shall begin the construction of any new plant, equipment, property or facility which is not in substitution of any existing plant, equipment, property or facility or extension thereof or in addition thereto, unless and until it shall have obtained from the Commission a certificate that public convenience and necessity require such construction."

Pursuant to Section 18c-8201(1)(a) of the Illinois Commercial Transportation Law, no person shall begin or continue construction of any pipeline or other facilities, other than the repair or replacement of existing pipelines or facilities, for use in operation as a common carrier by pipeline unless the person possesses a certificate in good standing.

Many construction projects are in substitution of existing facilities or extensions to existing facilities or additions to existing facilities. For this reason, most construction projects do not require approval by the Commission.

The Commission has no knowledge of the amount of farmland conversion that occurred under these exceptions to the Act. Land conversions reported under this impact statement are, therefore, limited to conversion associated with certificate applications filed with the Commission during the years 1978 through 1986.

Electric

(certificates applied for)

Year

Number of Applications

Estimated Acres of Land Conversion

Estimated Miles of Rights-of-Way With Partial Land Conversion

1978

12

N/A

82 Est.

1979

8

N/A

32 Est.

1980

7

N/A

38 Est.

1981

3

N/A

24 Est.

1982

2

N/A

40 Est.

1983

5

N/A

45 Est.

1984

None

1985

8

.300 Est.

30 Est.

1986

4

40 Est.

62 Est.

N/A – Not readily available but the acres converted were negligible.

Est. – Estimated.

Electric co-operatives and municipal utilities are not subject to the Illinois Commerce Commission's jurisdiction and do not need certificates from the Commission.

Gas

(certificates applied for)

Year

Number of Applications

Estimated Acres of Land Conversion

Estimated Miles of Rights-of-Way With Partial Land Conversion

1978

0

0

0

1979

3

0

26

1980

3

0

4

1981

None

1982

None

1983

1

N/A

1984

None

1985

1

N/A

5 Est.

1986

3

3.0 Est.

10 Est.

Telephone

(certificates applied for)

Year

Number of Applications

Estimated Acres of Land Conversion

Estimated Miles of Rights-of-Way With Partial Land Conversion

1978

Certificate applications to provide telephone service to new land areas are nonexistent inasmuch as the total land area of Illinois is assigned the present operating telephone companies.

1979

1980

Water and Sewer

(certificates authorized)

Year

Number of Applications

Estimated Acres of Land Conversion

Estimated Miles of Rights-of-Way With Partial Land Conversion

1978

19

N/A

N/A

1979

22

N/A

N/A

1980

4

N/A

N/A

1981

4

N/A

N/A

1982

3

N/A

N/A

1983

5

N/A

N/A

1984

2

N/A

N/A

1985

5

N/A

N/A

1986

6

N/A

N/A

N/A – Not readily available.

Water utilities obtain certificates to serve areas. Nearly all new subdivisions are adjacent to existing built-up areas. The lands to be served are already platted for subdivisions. Acres are not readily available. Of the 9 certificate applications containing references to acres, we found that 624 acres were covered by the applications to serve 1,587 residential and commercial units. Another application covered 6,700 acres by a development company but didn't list the units to be served in the heading of the case.

Common Carrier by Pipeline

Year

Number of Applications

Estimated Acres of Land Conversion

Estimated Miles of Rights-of-Way With Partial Land Conversion

1986

1

1.20

110 Est.

ILLINOIS COMMERCE COMMISSION

COOPERATIVE WORKING AGREEMENT

Pursuant to Section 4 of the Farmland Preservation Act, the Illinois Commerce Commission (ICC) and the Illinois Department of Agriculture (DOA) hereby agree to the following:

1. A copy of the Daily Filing Reports, which identify all certificate applications submitted to the ICC by the fixed utilities and common carriers by pipeline, will be provided to the DOA for the duration of this agreement.

2. The DOA will review the reports to determine if the certificate applications qualify for the DOA's Study of Agricultural Impacts (8 Ill. Adm. Code 700.Appendix A: Exhibit B).

3. Detailed project impact information relative to certificate applications is not available from the ICC. Therefore, the DOA will submit a request to the respective utility or common carrier by pipeline to obtain the needed data for the required Study of Agricultural Impacts.

4. The DOA may exercise its option to seek to intervene in certificate application proceedings. If a utility or common carrier by pipeline is unwilling to provide project impact information that is required for the Study of Agricultural Impacts, the DOA will petition the ICC to direct the utility or common carrier by pipeline to submit said information.

5. Pursuant to its role as Intervenor, the DOA will submit written and oral testimony to the ICC which reflects the results of the Study of Agricultural Impacts.

6. The ICC will consider the results of the DOA's study in determining whether a Certificate of Public Convenience and Necessity will be issued and/or modified for the project proposal.

7. All changes to this cooperative agreement shall be made after consultation with and concurrence by both parties.

History

• Source: Amended at 11 Ill. Reg. 19011, effective November 10, 1987

Chapter I Department of Agriculture

Subchapter q Soil and Water Conservation

Part 750 Sustainable Agriculture

8 Ill. Adm. Code 750.10 Definitions

"Act" means the Sustainable Agriculture Act (Ill. Rev. Stat. 1991, ch. 5, par. 2651 et seq., as amended by P.A. 87-998, effective January 1, 1993) [505 ILCS 135/1 et seq.].

"Committee" means the Sustainable Agriculture Committee as defined in 505 ILCS 135/1-5 of the Act.

"Department" means the Illinois Department of Agriculture.

"Farmer" means a person actively involved in producing crops and/or livestock.

"Officer" means the Chairman or Vice-Chairman of the Sustainable Agriculture Committee.

"Production Agriculture" means the act of creating agricultural goods and services.

"Program" means the Sustainable Agriculture Program within the Illinois Department of Agriculture.

"Project" means a research, demonstration, or education project conducted by the Department or Qualified Organization.

"Qualified Organization" means an organization, educational institution, or non-profit group that can demonstrate an understanding of sustainable agriculture practices/systems and has the ability/skills to carry out the project in a timely/professional manner.

"Sustainable Agriculture" means an agriculture that is economically viable, environmentally sound, and socially acceptable.

8 Ill. Adm. Code 750.20 Purpose

The purpose of the Act is to create a Program within the Department to fund and strengthen developmental research programs that serve production agriculture in Illinois. The purposes of the Program are identified in 505 ILCS 135/1-3 of the Act.

8 Ill. Adm. Code 750.30 Sustainable Agriculture Committee

a) A Sustainable Agriculture Committee is established under the authority of 505 ILCS 135/1-5 of the Act effective January 9, 1990.

1. This Committee shall be comprised of 1 member representing and appointed by the Governor, 1 member representing and appointed by the Board of Higher Education, 1 member representing and appointed by the Department, and 4 members appointed by the Department who are farmers actively involved in production agriculture.

2. Farmer members shall be appointed based upon geographic location, production practices, and leadership abilities so as to represent the diverse interests of farmers and agricultural organizations.

b) The term of office for a Committee member shall be for up to 5 years. The term of office shall expire on January 1, 1995. Beginning January 1, 1995 and every 5 years thereafter, new appointments will be made. There is no limit on the number of terms a Committee member may serve.

c) Vacancies on the Committee shall be filled with an appointee from the respective field affected by the vacancy as outlined in Section 750.30(a)(1) above. A vacancy shall exist when an appointee resigns from the Committee or is deemed to no longer represent the respective field from which he/she was appointed.

d) The Committee shall meet at least once annually.

e) Each appointed Committee member is entitled to 1 vote. A Committee member cannot vote by proxy or be represented by another person.

f) Any action taken by the Committee shall require a majority vote of those members present, provided a quorum is present.

g) In the event an appointed Committee member misses 3 consecutive meetings of the Committee, the chairman shall declare the position vacant and the procedure for filling vacancies shall be implemented.

h) Appointed Committee members shall be entitled to actual and necessary travel expenses at the reimbursement rate approved by the State's Travel Control Board while attending meetings of the Committee. Committee members are not entitled to receive any salary for their service on the Committee.

i) The Committee shall elect a chairman and vice-chairman from its membership as officers. Officers shall be elected at the first Committee meeting held each year. The first Committee meeting shall be held within 60 days after January 1 each year.

1. The duties of the Chairman shall be to:

A) Preside at all meetings of the Committee.

B) Call Committee meetings when deemed necessary or when requested by 3 or more Committee members.

C) Perform all acts and duties usually required of a presiding officer.

2. The duties of the vice-chairman shall be to perform the duties of the chairman in his/her absence.

j) It is the duty of the Committee to seek sources of funding as outlined in 505 ILCS 135/1-5 of the Act for projects described in 505 ILCS 135/1-4 of the Act. Funding secured by the Committee from the State or through grants or other sources shall be placed into a State trust fund as identified in 505 ILCS 135/1-5 of the Act.

k) Funds obtained by the Committee shall be used by the Department:

1. to pay expenses such as travel, telephone, printing, and postage of Committee members incurred while performing their duties and responsibilities;

2. to provide funds for the various research, demonstration and education projects approved by the Department which address the purposes of the Act; and

3. to print and disseminate information concerning projects funded by the Program.

8 Ill. Adm. Code 750.40 Guidelines for Research, Demonstration and Education Projects

a) Proposals for research, demonstration and education projects shall contain the following information on Application Form SA 93-01 provided by the Department:

1. name of organization, address and telephone number;

2. name of organization representative or project coordinator;

3. other major participants and/or cooperating agencies/organizations and their involvement in the project;

4. abstract/background information of organization;

5. objectives and rationale for the project;

6. organizational plan of work, activities and timetable;

7. approach and methods for implementing the project;

8. statement of anticipated social, economic, and environmental impact; and

9. itemized costs of the project.

b) The Department shall solicit project applications for funding in accord with Section 750.40(c) below, on an annual basis as funding becomes available.

c) The Department shall consider each project for funding based on its objectives, cost, plan of work, cooperation with other agencies and organizations, the social, economic and environmental impacts, availability of funds, and whether it addresses the purposes as described in the Act (Prioritization Form SA 93-02).

d) Request for proposals will be made available beginning July 1 of each year. The following project funding schedule will be used:

1. Applications for funding must be received by the Department on or before August 31.

2. Applications will be prioritized as described in Section 750.40(c) above. Qualified organizations will be notified by the Department of tentative project approval by October 1.

3. Contracts signed and final funding approval given by the Department by October 31.

4. Program funding begins with one half of contracted funds forwarded by the Department to grant project recipients on or about November 1.

5. First progress report on projects must be received by the Department before March 1.

6. Second progress report on project must be submitted to the Department before June 30.

7. Final one-half of contracted funds forwarded by the Department to project recipients by June 30.

8. Detailed Summary of project must be received by the Department on or before December 1.

e) The Department will monitor the progress of each project, and upon its completion, consolidate the results. The results will be made available to any individual, group, or organization requesting the information.

Part 755 Payment of Eligible Claims of Soil and Water Conservation District Employees Unpaid by Mid-Continent Medical Benefit Trust

8 Ill. Adm. Code 755.10 Preamble

The intent of Section 6(11) of the Soil and Water Conservation Districts Act [70 ILCS 405/6(11)] is to authorize the Illinois Department of Agriculture to pay health care costs of Soil and Water Conservation District employees incurred between January 1, 1996 and December 31, 1996 that were eligible for reimbursement from the District's insurance carrier, Mid-Continent Medical Benefit Trust, but were not paid by the carrier.

8 Ill. Adm. Code 755.20 Definitions

"Administrator" means the professional third-party claims administrator chosen by the Department based on the criteria set forth in this Part to collect claims information and supporting documentation, and to provide recommendations to the Department.

"Claim" means a request to the Department for payment of outstanding health care costs not previously reimbursed by Mid-Continent.

"Department" means the Illinois Department of Agriculture.

"District" means one of the Soil and Water Conservation Districts of Illinois.

"Eligible Period" means the time period from January 1, 1996 through December 31, 1996.

"Employee" means a person who was employed by a Soil and Water Conservation District during the twelve month period from January 1, 1996 through December 31, 1996.

"Mid-Continent" means Mid-Continent Medical Benefit Trust, the Districts' insurance carrier during the eligible period.

"Outstanding Costs" means those health care costs for which employees were eligible for reimbursement from Mid-Continent, but which were not paid by Mid-Continent.

"Provider" means any person or entity that provided health care services or products to an employee during the eligible period.

"Valid Claim" means a claim that is verified and adjudged by the Department to be eligible for reimbursement.

8 Ill. Adm. Code 755.30 Validity of Claims

a) For a claim to be adjudged valid, the employee shall submit documentation required by the Department which proves to the satisfaction of the Department that:

1. The employee was covered by the District health insurance program offered through Mid-Continent during the eligible period;

2. The health care for which payment is requested was provided during the eligible period;

3. The health care costs claimed were eligible costs.

b) The Department shall verify eligible costs claimed and shall determine the validity of all claims based on the recommendation of the Administrator. The Department may reject all or portions of claims.

c) Claims must have been submitted on or before Friday, January 30, 1998. Claims received after the close of business on January 30, 1998 will not be eligible for consideration.

8 Ill. Adm. Code 755.40 Procedures for Requesting Payment of Outstanding Costs

a) Employees shall submit claims on forms provided by the Department. Employees shall provide documentation of:

1. their policy's deductible amount and the amount of any payments applied toward it;

2. the name, address, and telephone number of each provider for which outstanding costs are claimed;

3. all outstanding costs claimed, including the date of service, patient account number, services provided and charges assessed;

4. all payments made to providers or collection agencies against outstanding costs and the source of those payments; for example, the employee, secondary insurers, the Districts, other persons, etc.; and

5. the amount of eligible costs, if any, which have been forgiven by the provider.

b) Documentation acceptable to the Department shall include, but is not limited to, original provider bills, canceled checks, payment receipts, balance due statements, statements of benefits from Mid-Continent, and correspondence from providers, Mid-Continent or other relevant sources.

8 Ill. Adm. Code 755.50 Claims Processing

a) In order to provide for the accurate and timely processing of claims, the Department will secure the services of a professional administrator. The Administrator will be selected based on criteria elaborated in Exhibit A of this Part including:

1. qualifications;

2. ability to perform vendor responsibilities;

3. technical capabilities;

4. certifications; and

5. cost.

b) All claims and supporting documentation will be verified by the Administrator. The Administrator may request from employees any additional documentation the Administrator deems necessary to process and verify claims. The Department will determine the validity of claims based upon recommendations from the Administrator.

8 Ill. Adm. Code 755.60 Payment by the Department

a) Before issuing payment for valid claims, the Department shall require the payee and the employee, if the two are not the same, to sign and submit:

1. a subrogation agreement. The agreement will be provided by the Department and will assign to the Department the proceeds of any future recovery action that may be initiated regarding the claims being paid; and

2. a release acknowledging payment in full and releasing the Department from any future responsibility to pay.

b) Upon receipt of all signed agreements, the Department will issue a payment voucher for the amount of approved outstanding costs.

c) The Department will not pay any interest, late fees or similar penalties charged to the employee by any provider or credit agency.

8 Ill. Adm. Code 755.EXHIBIT A Request for Proposal

THE STATE OF ILLINOIS DEPARTMENT OF AGRICULTURE IS REQUESTING PROPOSALS TO FILL THE STATE'S NEEDS AS OUTLINED BELOW. PLEASE READ THIS ENTIRE PACKAGE AND SUBMIT PROPOSAL IN ACCORDANCE WITH THESE INSTRUCTIONS.

DESCRIPTION OF GOODS OR SERVICES

PROFESSIONAL ADVICE AND CLAIMS ADJUDICATION RECOMMENDATIONS FOR THE PAYMENT OF OUTSTANDING HEALTH CARE COSTS OF SOIL AND WATER CONSERVATION DISTRICT EMPLOYEES THAT WERE ELIGIBLE FOR REIMBURSEMENT FROM THE DISTRICTS' INSURANCE CARRIER, MID-CONTINENT MEDICAL BENEFIT TRUST.

SEND PROPOSALS TO:

IDENTIFY PROPOSAL AS:

ILLINOIS DEPARTMENT OF AGRICULTURE

CHIEF, BUREAU OF LAND AND WATER RESOURCES

STATE FAIRGROUNDS

P.O. BOX 19281

SPRINGFIELD, ILLINOIS 62794-9281

CLAIMS ADJUDICATION PROPOSAL

PROJECT CONTACT:

CHIEF, BUREAU OF LAND AND WATER RESOURCES

PHONE: 217-782-2172

TDD: 1-800-524-6858

SUBMIT A SIGNED ORIGINAL AND 3 COPIES OF YOUR PROPOSAL IN A SEALED CONTAINER.

PROPOSAL DUE

This package consists of: Instructions; General Information; Basic Contract Terms and Conditions; Detailed Specifications; Technical Proposal; Intent to Propose.

EFFECTIVE IMPLEMENTATION DATE IS IMMEDIATE UPON SELECTION.

REQUEST FOR PROPOSAL

Claims Adjudication Services

for

Payment of Outstanding Health Care Costs

Administered by

Illinois Department of Agriculture

Issued by

State of Illinois

Illinois Department of Agriculture

Bureau of Land and Water Resources

Becky Doyle

Director

TABLE OF CONTENTS

Section I

Bidding Process

Section II

Contract Terms and Conditions

Section III

Minimum Qualifications

Section IV

Background

Section V

Department and Vendor Responsibilities

Section VI

Technical Proposal

Section VII

Proposal Submittal Requirements

Section VIII

Certifications

CLAIMS ADJUDICATION PROPOSAL

Section I

Bidding Process

1.1 Type of Process

In the RFP process the Department intends to make an award to the responsible Vendor(s) whose proposal is determined to provide the best value to the Department. The Department's needs are well defined, and the responses will be evaluated in accordance with predetermined criteria. Although the evaluation may result in a need to clarify proposals or to request "best and finals" from those in the zone of contention, the proposal as submitted will generally be the basis upon which a decision to award is made.

A response to this RFP will be referred to as a proposal.

1.2 Submission of Proposals

The date, time and address for submitting proposals are shown on the instructions page. Please follow these directions carefully. Failure to comply is cause for rejection of the proposal.

Proposals, including amendments, may be mailed or hand delivered; but in either case, must be actually received as specified. Proposals received late will be returned unopened.

Proposals must be submitted in typed or printed form. Each original proposal and each of the copies must be signed in ink by an authorized representative of the Vendor. Amendments shall be signed by the same person who signed the proposal unless another person has been given signature authority, which must be verified.

The following describes the format in which bid proposals must be presented. Utilization of a standard format will facilitate the evaluation process. Each proposal must contain, at a minimum, the following items and must be presented in the following sequence: (Please provide the level of detail requested.)

A. Agreement to Contract Terms and Conditions (Section II)

B. Qualifications Documentation (Section III) with signed Certifications (Section VIII)

C. State and Vendor Responsibilities (Section V)

D. Technical Proposal - Questionnaire and Responses (Section VI)

NOTE: Price information must be submitted in a separate envelope within the sealed container. Price information is not to be shown in any other part of the proposal.

1.3 Proposal Reservations

The Department reserves the right to reject any or all proposals, to request and evaluate "best and final" proposals, to award in whole or in part, and to waive minor defects. An individual proposal may be rejected if it fails to meet any requirement. The Department may seek clarification from a Vendor at any time, and failure to respond is cause for rejection. Any alternate proposal that meets the Department's needs may also be considered. Contract negotiations may be necessary after the award to formalize understandings.

Submission of a proposal confers no rights on the Vendor to an award or to a subsequent contract. This RFP process is for the Department's benefit only and is intended to provide the Department with competitive information to assist in selection of goods or services. All decisions on compliance, evaluation, terms, and conditions shall be made solely at the Department's discretion and made to favor the Department.

The Department reserves the right to modify requirements during the course of this contact by changing the scope of work, deliverables, and time frames, as well as addition or deletion of tasks to be performed or equipment to be provided and/or any other modification deemed necessary. Any changes in pricing proposed by the Vendor resulting from the proposed changes will be subject to acceptance by the Department. In the event prices are not acceptable to the Department, the contract may be subject to reprocurement based upon the new specifications.

1.4 Inquiries

Any inquiries shall be directed to the project contact. Do not discuss the proposal with any other State employee unless authorized by the project contact. All responses by the Department must be in writing to be binding.

1.5 Non-Conforming Technical Proposals

To be considered, the Vendor must submit a definitive proposal, as requested by this solicitation, for the work to be accomplished under the proposed contract. Proposals which merely offer to conduct a program in accordance with the general requirements of the RFP may be considered non-conforming and may not be considered.

1.6 Cost of Proposal Preparations

All costs associated with preparation and submission of a proposal are the responsibility of the Vendor. These costs shall not be chargeable to the Department by the successful or unsuccessful Vendors.

All proposals become the property of the Department and will not be returned except in the case of a late submission.

1.7 Right to Contract

This RFP does not commit the Department to award a contract or to pay costs incurred in the submission of proposals, or costs incurred in making necessary studies for the preparation thereof, or to procure or contract for services or supplies. The Department reserves the right to reject any or all proposals, to negotiate with any Vendor(s) considered qualified, or to make award without further discussions.

1.8 Responsibility

In determining whether a Vendor is responsible, the Department will evaluate past performance, financial stability, references, compliance with applicable laws, business ethics and integrity, the perceived ability to perform completely as specified, and other relevant factors. Vendor must submit a current audited financial statement, annual or quarterly report, Dunn & Bradstreet rating or other acceptable proof of financial responsibility, and any other information to prove responsibility with the proposal to the address shown below. Additional information may be requested. Financial responsibility will be kept confidential unless otherwise required by law.

Illinois Department of Agriculture

Chief, Bureau of Land and Water Resources

State Fairgrounds

P.O. Box 19281

Springfield, Illinois 62794-9281

1.9 Evaluation

The Department will evaluate each response to the proposal using predetermined evaluation criteria. The general evaluation criteria, point ranking, formula, etc. will be disclosed to Vendors upon request, unless it is determined that disclosure could result in bias.

1.10 Best and Final

The Department's evaluation process includes the use of "best and final" proposals when deemed appropriate. The Department reserves the right, at any time prior to award of a contract and for any reasons, to request and consider "best and final" proposals from one or more of the Vendors who submitted a proposal. The number of Vendors allowed to submit "best and final" proposals and the scope of the "best and final" proposals shall be determined solely by the Department. No Vendor has a right to submit a "best and final." Any Vendor who is asked and fails to submit a "best and final" proposal need not be given further consideration. The purpose of the "best and final" proposal is to allow the Department to better define its needs; adjust specifications or other aspects of the procurement to reflect changed needs or perceptions or to address problems; or for any other purpose deemed appropriate by the Department.

1.11 Award

The Department will select the proposal(s) which meets the Department requirements and provides the best value to the Department, price and other factors being considered, and which is submitted by a responsible Vendor(s). The Department reserves the right to award to multiple Vendors. All awards must be approved by the Department.

1.12 Contract Negotiations

The Vendor(s) chosen for an award may be required to enter into contract negotiations with the Department. The Vendor(s) should be prepared to incorporate the Department request and the Vendor's proposal and any other written representations submitted with the proposal. If agreement cannot be reached to the Department's satisfaction, negotiations may begin with another Vendor(s). All contracts must be approved by the Department.

1.13 Commencement of Work

The successful Vendor(s) must not commence any billable work prior to the Department's execution of the contract. Work done before final execution is at the Vendor's risk.

1.14 Vendor Contact

Each Vendor shall designate one person who shall serve as contact for all matters pertaining to the proposal. In absence of such designation, the person who signs the proposal shall be deemed the Vendor contact.

1.15 Assignment/Subcontracting/Joint Ventures

Each entity the Department contracts with shall be contractually responsible for the total performance of its contract. Assignments for financing and subcontracting are allowable, but information on assignees and subcontractors must be provided. For any joint venture to be acceptable, one Vendor must take full contractual responsibility for performance. No assignment, subcontract, or joint-venture shall operate to increase any obligation. If a subcontractor is used to provide consulting services, the subvendor's name and amounts paid to the subcontractor must be disclosed.

1.16 Governing Law

This RFP and any subsequent contract shall be governed by the laws and rules of the State of Illinois which are incorporated into this RFP by reference.

Section II

Contract Terms and Conditions

The following terms and conditions are applicable to State Contracts. Negotiations may be necessary to further define these and other terms. Submission of a signed response to this solicitation indicates agreement to the terms and conditions contained herein, unless Vendor indicates an exception in writing.

2.1 Payment Responsibility

The Department will make payments to the Vendor(s) in accordance with specified terms and conditions of the contract.

2.2 Fiscal Funding

Obligations of the Department shall cease immediately and without penalty or further payment being required if in any fiscal year the Illinois General Assembly or federal funding source fails to appropriate or otherwise make available appropriate funds for this contract.

2.3 Conflict of Interest

A. Vendor(s) must identify each individual having a beneficial interest in the business which exceeds 7½%.

B. The conflict of interest provisions of the Illinois Purchasing Act generally prohibit contracting with a State employee or an employee's spouse or minor child; or with Vendor if any State employee is entitled to receive either directly or indirectly more than 7½%, or together with spouse and/or minor children more than 15%, of the total distributable income of the business. If any individual has such a prohibited interest, that fact must be disclosed as a part of the proposal and the Vendor must state why the prohibition should not apply. The Department will determine whether an exemption to the general prohibition will be allowed.

2.4 Nondiscrimination

The Vendor, his employees, and subcontractors agree not to commit unlawful discrimination and agree to comply with applicable provisions of the Illinois Human Rights Act, the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, and rules applicable to each. The Department of Human Rights' equal opportunity clause is specifically incorporated herein.

In compliance with the State and federal constitutions, the Illinois Human Rights Act, the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, the Department of Agriculture does not unlawfully discriminate in employment, contracts, or any other activity.

The Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and the regulations thereunder (28 CFR 35.130) (ADA) prohibit discrimination against persons with disabilities by the Department, whether directly or through contractual arrangements, in the provisions of any aid, benefit or service. As a condition of receiving this contract, the undersigned Vendor certifies that services, programs and activities provided under this contract are and will continue to be in compliance with the Americans with Disabilities Act (ADA).

2.5 Liability and Insurance

The Department does not assume any liability for acts or omissions of the Vendor, and such liability rests solely with the Vendor. The Vendor shall carry public liability, casualty, and auto insurance in sufficient amount to protect the Department from liability for acts of the Vendor. In addition, the Vendor shall carry worker's compensation insurance, if applicable, in the amount required by law.

2.6 Hold Harmless and Indemnification Agreement

The Vendor shall save and hold harmless and indemnify the Department against any and all liability, claims, and costs of whatever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the use, service, operation, or performance of work under the terms of this contract resulting from the negligent acts or omissions of vendor, of any employee, agent, or representative of Vendor or subvendor. The Vendor is not responsible for consequential damages.

2.7 Limited Distribution or Use of Certain Data and Information

Vendor agrees that Vendor personnel will not divulge or release data or information developed or obtained in connection with the performance of the contract, unless made public by the Department, except to authorize Department personnel or upon written approval of the user agency's project manager.

2.8 Disposition of Records

Within 30 days of receiving notice from the Department, the Vendor will provide to the Department all records related to processing and validating claims and making its recommendations to the Department. Failure to maintain the books, records, and supporting documents required by this Section shall establish a presumption in favor of the Department for the recovery of any funds paid by the Department under the contract for which adequate books, records, and supporting documentation are not available to support their purported disbursement.

2.9 Sexual Harassment

Effective July 1, 1993, the Vendor or Vendors shall have written sexual harassment policies that shall include, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the Vendor's internal complaint process including penalties; (v) the legal recourse, investigative and complaint process available through the Department of Human Rights and the Human Rights Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy of the policies shall be provided to the Department upon request.

2.10 Breach

Any breach of this contract by the Vendor will allow the Department to cancel without penalty and have any other available relief.

2.11 Governing Law

This contract shall be governed by the laws and rules of the State of Illinois which are incorporated into this RFP by reference.

Section III

Minimum Qualifications

In order for a Vendor to qualify to submit information and a proposal, it should be able to meet all of the following, or the equivalent of such requirements. It is at the discretion of the Department to determine the extent to which the following qualifications are required for award of the contract or that failure to meet these qualifications may disqualify any Vendor. The Department intends to evaluate each proposal in its entirety.

In order for a Vendor to qualify to submit a proposal for Claims Administration Services, the following minimum qualifications must be met:

• Licensure/Certification. The Vendor must be licensed or registered with the Illinois Department of Insurance as a third party administrator as required by applicable Illinois law.

• Experience. The Vendor must have a minimum of two years of satisfactory experience in claims administration.

• Financial Condition. The Vendor must demonstrate sound financial condition and good business practices. Accounting methods must maintain a clear distinction between claims administration performed under contract for the Department and other business.

• Reports. The Vendor must agree to furnish the Department with timely reports in mutually agreed upon formats.

• Customer Service/Communications. The Vendor must provide a telephone number for claims inquiries which will be available to all employees during regular business hours.

• Medical Review. The Vendor must have medical professionals with appropriate credentials to review questionable claims. Medical experts must be present for final review/fact-finding meetings at the request of the Department.

• Pricing Screens. The Vendor must have available and provide on request all pricing screens and maximum allowable reimbursement levels per procedure code, provider, and service.

• Background Check. As a condition of award and as a continuing condition of any resulting contract, the Department reserves the right to conduct background checks of Vendor, its officers, and of those employees or agents who would perform the required services to determine suitability for performing this contract. Vendor shall complete or have completed an authorization for release of personal information that indemnifies both the Department and the provider of the information.

Section IV

Background

The Department is requesting proposals for claims administration services to assist the Department in carrying out responsibilities pursuant to 70 ILCS 405/6(11) regarding the payment for outstanding health care costs of Soil and Water Conservation District employees. Soil and Water Conservation District employees, their dependents, and spouses had health care coverage provided by Mid-Continent Medical Benefit Trust (Mid-Continent). In late 1995, Mid-Continent developed financial difficulties that ultimately resulted in the non-payment of claims for provider services estimated to be in excess of $172,000. The Department has been granted legal authority to pay these outstanding health care costs and is seeking a qualified Vendor(s) to determine the amount of each claim to be paid based on standard claims adjudication practices.

CONTRACT:

This contract will be effective through ___________. The contract between the Department and the Vendor will detail the services included in the administrative services fees proposed. Any additional services provided will be separately identified and negotiated.

Section V

Department and Vendor Responsibilities

The following are Department and Vendor responsibilities as indicated, applicable to any contract that may be offered as a result of this proposal. Indicate understanding and acceptance of each of the following:

DEPARTMENT RESPONSIBILITIES:

The Department will perform the following functions:

1. Provide a copy of the Mid-Continent Medical Benefit Trust document, and names, addresses, and phone numbers of the business entities relevant to the agreement.

2. Verify that claimants were eligible for insurance coverage through the Mid-Continent Medical Benefit Trust document provided by Mid-Continent during the period January 1, 1996 through December 31, 1996.

3. Provide list of verified eligible claimants.

4. Provide all initial claims information submitted by employees and providers to Vendor.

5. Make final decision on validity of claims based upon supporting documentation furnished by the Vendor.

6. Receive Explanation of Benefits (EOB) from Vendor and include the EOB with payments made on valid claims.

VENDOR RESPONSIBILITIES:

The Vendor will perform the following functions:

A. Receive initial claims information directly from the Department and obtain additional information necessary to adjudicate claims and make recommendations from employees or providers;

B. Make recommendations to the Department including supporting documentation on the validity of claims and the amount of payment to which employee is entitled under the terms with Mid-Continent;

C. Coordinate benefit coverages for covered individuals;

D. Upon final determination by the Department that a claim is valid, issue explanation of benefits to the Department (including copies for custodial parents) on the disposition of each claim submitted;

E. Maintain timeliness, comprehensive auditing and internal quality control procedures;

F. Respond to written and telephone inquiries;

G. Provide actuarial, medical and legal advice related to benefits determinations;

H. Make periodic reports to Department as required;

I. Meet with representatives of the Department at Department's request;

J. Have a fraud prevention and control plan in place;

K. Agree to cooperate in any transfer of functions from one Vendor to another Vendor;

L. Within 30 days of receiving notice from the Department, provide all records to the Department that contain information used by the Vendor to process and adjudicate claims and make recommendations.

Section VI

Technical Proposal

Please address each of the issues in full detail in the order below, repeating the question, followed by the response.

A. Organizational History and Structure

1. Provide a copy of the latest financial statement submitted to the State of Illinois Department of Insurance and/or the latest annual report.

2. Name all financial interests in the organization and explain the relationship(s).

3. List the proposed service team for this account.

4. When did the organization begin providing the services which are proposed? List 5 clients for which the organization provided similar services. Include contact name and phone number. What is the total volume of claims payments and the amount of transaction fees?

5. From what location(s) would the Department's account be managed and serviced?

6. Has the organization been sued in the last five years? Describe any lawsuits and their resolution.

B. Claims Processing

The primary responsibility of the Vendor is to process claims accurately and in a timely manner after the Department has furnished eligibility information. The Vendor will be expected to receive all claims directly from the Department, obtain supplemental information as needed to process claims, recommend to the Department the amount to be paid, and issue an EOB to the Department. The Department will mail the EOB along with the check to the applicable Soil and Water Conservation District.

1. List and describe all services included in the proposed claims processing fees.

2. Describe all claims processing procedures from receipt of claim form including:

a. Preparation of claims for processing

b. Coordination of benefits

c. Claimant/provider communications

d. Claim edits, including reasonable and customary charge edits

e. Explanation of benefits with samples

f. Responding to employee inquiries

3. Specify how reasonable and customary determinations are developed, by whom, for which services, how often screens are updated, and the process for approval of charges above the levels set.

4. Describe coordination of benefits procedures.

5. Provide samples of explanations of benefits, inquiry letters, and all other communication pieces that would be used with claims processing.

6. What are the criteria and what percentage of claims are reviewed by a medical professional?

7. What internal controls are in place to ensure quality and accuracy?

C. Systems Capabilities

1. Describe the edits to be used to assure accuracy and proper payment of claims.

D. Financial Arrangements

1. Describe procedures established to detect and control fraud.

2 Give a step-by-step description of the recovery process and the reporting for each of the following instances:

a. fraudulent claim submitted by a provider or an employee

b. subrogation case

c. retroactive change in membership

d. Vendor employee fraud

E. Customer Service

Describe the customer service function that will be included in this Contract.

F. Reporting

Provide a final report listing all claims processed and/or any other reports deemed necessary by the Department within 30 days of expiration of the Contract between the Department and the Vendor.

Section VII

Proposal Submittal Requirements

The purpose of these specifications is to provide relevant information to Vendors interested in submitting proposals to make recommendations on the adjudication of claims pursuant to the authority granted under 70 ILCS 405/6(11) concerning the payment for outstanding health care costs of Soil and Water Conservation District employees.

Objectives in Soliciting Proposals:

The Department has two primary objectives in soliciting proposals for claims processing:

• to obtain professional advice and claims adjudication recommendations;

• to obtain these services at a competitive cost.

General Submission Guidelines:

The date, time and address for submitting proposals are shown on the instructions page of the Request for Proposal. Please follow these directions carefully. Failure to comply is cause for rejection of the proposal. Proposals, including amendments, may be mailed or hand delivered; but in either case, must be actually received as specified. Proposals received late will be returned unopened.

Bidders will be required to present the data required by this RFP in an organized format which includes the minimum Qualifications (and signed Certifications), the Technical Proposal (and References) and the Fee Quotation. Utilization of a standard format will facilitate the evaluation. Bidders must present complete and self-explanatory information as required by this RFP. Information provided by Vendors will first be reviewed for minimum qualifications. Vendors meeting the minimum requirements will be further evaluated using the content of the Technical Proposal, based on its completeness and scope. The fee quotation will be reviewed after potential Vendors have been evaluated for overall quality and service level proposed.

Proposal Components:

To be considered for selection, a signed original and three (3) copies of sealed proposals must be submitted in a format organized by three major sections:

• Minimum Qualifications documentation (and signed Certifications)

• Responses to questions in the Technical Proposal and References

• Fee Quotation

Minimum Qualifications Documentation:

This section of the proposal should provide all pertinent licensure, registration, and experience information. The official corporate position on each of the qualifications listed should be stated. Any deviation from the qualifications should be clearly identified and alternatives suggested for the Department's consideration.

Certifications:

A copy of the Certifications section should be completed and submitted with the proposal. An original signature(s) must appear on the last page of the completed Certifications section.

Technical Proposal:

The Technical Proposal is to be organized in a sequence to follow the order of the major topics of Section VI of this RFP. Please repeat the question, followed by the appropriate response. The Technical Proposal should contain descriptions of how the prospective Vendor intends to service the account.

References should be provided as the final part of the Technical Proposal.

Fee Quotation:

Three copies of the fee quotation must be submitted in a separate sealed envelope. Specify any additional fees applicable. Please identify the service and the associated charges.

Supplemental Information:

The response to the RFP must be received by the Department by 5:00 p.m. C.S.T., _________. Send the response to:

Illinois Department of Agriculture

Chief, Bureau of Land and Water Resources

State Fairgrounds

P.O. Box 19281

Springfield, Illinois 62794-9281

Section VIII

Certifications

I. The Vendor certifies that it is not barred from being awarded a contract or subcontract under Section 10.1 or 10.3 of the Illinois Purchasing Act (30 ILCS 505/10.1 and 10.3).

II. The Vendor certifies that it has not been barred from contracting with a unit of State or local government as a result of a violation of Section 33-E3 or 33-E4 of the Criminal Code of 1961 (720 ILCS 5/33E-3, 5/33E-4).

III. The Vendor certifies that it is not in default on an educational loan as provided in Public Act 85-827 (5 ILCS 385) (a partnership shall be considered barred if any partner is in default on an education loan).

IV. The Vendor certifies that it does not pay dues or fees on behalf of its employees or agents, nor subsidizes or otherwise reimburses them for payment of their dues or fees, to any club which unlawfully discriminates (775 ILCS 25).

V. Under penalties of perjury, I certify that the name, taxpayer identification number, and legal status listed below are correct.

Name:

Taxpayer Identification Number:

Social Security Number

or

Employer Identification Number

(If you are an individual, enter your name and SSN as it appears on your Social Security Card. If completing this certification for a sole proprietorship, enter the owner's name followed by the name of the business and the owner's SSN. For all other entities, enter the name of the entity as used to apply for the entity's EIN and the EIN.)

Legal Status (check one):

Individual

Governmental entity

Ownership of Sole Proprietorship

Nonresident alien individual

Partnership

Estate or legal trust

Tax-exempt hospital or extended care facility

Foreign corporation, partnership, estate or trust

Corporation providing or billing medical and/or health care services

Other

Corporation NOT providing or billing medical and/or health care services

VI. This certification is required by the Drug Free Workplace Act (30 ILCS 580) for contracts and grants effective January 1, 1992, and thereafter. The Drug Free Workplace Act requires that no grantee or vendor shall receive a grant or be considered for the purposes of being awarded a contract from the State for the procurement of any property or services unless that grantee or vendor will provide a drug free workplace, and that individuals must not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the performance of the contract or grant. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of the contract or grant and debarment of contracting or grant opportunities with the State for at least one (1) year but not more than five (5) years.

Vendor/Grantee: For the purpose of this certification, "grantee" or "vendor" means a corporation, partnership, or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division, or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State.

The vendor/grantee certifies and agrees that it will provide a drug free workplace by:

(a) Publishing a statement:

(1) Notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance, including cannabis, is prohibited in the grantee's or vendor's workplace.

(2) Specifying the actions that will be taken against employees for violations of such prohibition.

(3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will:

(A) abide by the terms of the statement; and

(B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.

(b) Establishing a drug free awareness program to inform employees about:

(1) the dangers of drug abuse in the workplace;

(2) the grantee's or vendor's policy of maintaining a drug free workplace;

(3) any available drug counseling, rehabilitation, and employee assistance programs; and

(4) the penalties that may be imposed upon employees for drug violations.

(c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and posting the statement in a prominent place in the workplace.

(d) Notifying the contracting or granting agency within 10 days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction.

(e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted, as required by section 5 of the Drug Free Workplace Act.

(f) Assisting employees in selecting a course of action in the event drug counseling, treatment, and rehabilitation are required and indicating that a trained referral team is in place.

(g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act.

Individuals: If Vendor is an individual, or an individual doing business in the form of a sole proprietorship, the individual certifies that the individual will not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the performance of the contract. Vendor certifies that it will not engage in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the performance of the contract. This requirement applies to contracts of more than $5,000.

VII. Non-discrimination: In compliance with the State and Federal Constitutions, the Illinois Human Rights Act, the U.S. Civil Rights Act, and Section 504 of the Federal Rehabilitation Act, the Department of Agriculture does not unlawfully discriminate in employment, contracts, or any other activity.

Vendor, its employees and subcontractors, agree not to commit unlawful discrimination and agree to comply with applicable provisions of the Illinois Human Rights Act, the Public Works Employment Discrimination Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each. The equal employment opportunity clause of the Department of Human Rights rules is specifically incorporated within this RFP.

The Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and the regulations thereunder (28 CFR 35.130) (ADA) prohibit discrimination against persons with disabilities by the State, whether directly or through contractual arrangements, in the provision of any aid, benefit or service. As a condition of receiving this contract, the undersigned Vendor certifies that services, programs and activities provided under this contract are and will continue to be in compliance with the ADA.

VIII. Early Retirement. Vendor certifies he/she has informed the Director of the Department of Agriculture in writing if he/she was formerly employed by the Department of Agriculture and has received an early retirement incentive under Section 14-108.3 or 16-133.3 of the Illinois Pension Code. Vendor acknowledges and agrees that if such early retirement incentive was received, this contract is not valid unless the official executing the contract has made the appropriate filing with the Auditor General prior to execution.

IX. Retention of Records: The Vendor shall maintain, for a minimum of five years after the completion of the contract, adequate books, records, and supporting documents to verify the amount, recipients, and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records, and supporting documents related to the contract shall be available for review and audit by the Auditor General; and the vendor agrees to cooperate fully with any audit conducted by the Auditor General and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents required by this Section shall establish a presumption in favor of the State for the recovery of any funds paid by the State under the contract for which adequate books, records, and supporting documentation are not available to support their purported disbursement.

X. Sexual Harassment: Effective July 1, 1993, the Vendor shall have written sexual harassment policies that shall include, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under State law: (iii) a description of sexual harassment, utilizing examples; (iv) the vendor's internal complaint process including penalties; (v) the legal recourse, investigative and complaint process available through the Department of Human Rights and the Human Rights Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy of the policies shall be provided to the Department upon request.

XI. For contracts exceeding $10,000, the Vendor certifies that neither it nor any substantially-owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act.

The undersigned acknowledges and agrees that each of the certifications or amendments shall be incorporated into and made a part of the invitation for bids, request for proposals, agreement, contract, amendment, renewal or other similar document to which these certifications are attached.

VENDOR

NAME

BY

TITLE

PROPOSAL COVER SHEET

CLAIMS ADJUDICATION PROPOSAL

Submitted by:

Firm

By

Title

Signature

Date

Telephone Number

Toll-free Number

Fax Number

RETURN A SIGNED ORIGINAL AND THREE (3) COPIES OF PROPOSAL TO:

State of Illinois

Department of Agriculture

Chief, Bureau of Land and Water Resources

State Fairgrounds

P.O. Box 19281

Springfield, Illinois 62794-9281

PROPOSAL DUE:

Chapter I Department of Agriculture

Subchapter q Soil and Water Conservation

Part 760 Illinois Rivers-Friendly Farmer Program

8 Ill. Adm. Code 760.110 Purpose

The purpose of the Illinois Rivers-Friendly Farmer Program is to promote farming practices that benefit rivers while maintaining farm profitability and to inform the public about farmers' contributions to cleaning up the rivers of Illinois. [505 ILCS 106/10]

8 Ill. Adm. Code 760.120 Applicability

This Part shall apply to all applicants seeking to be designated and recognized by the State of Illinois as a "Rivers-Friendly Farmer".

8 Ill. Adm. Code 760.130 Severability

If any Section, subsection, sentence or clause of this Part is judged invalid, such adjudication shall not affect the validity of this Part as a whole or any Section, subsection, sentence or clause of this Part not judged invalid.

8 Ill. Adm. Code 760.140 Definitions

Except as stated in this Section, or unless a different meaning of a word or term is clear from the context, the definition of the words or terms in this Part shall be the same as that applied to the same words or terms in the Act.

"Act" means the Illlinois Rivers-Friendly Farmer Program Act [505 ILCS 106].

"Agricultural Area" means an area of land approved by a county board as an agricultural area as authorized under the Agricultural Areas Conservation and Protection Act [505 ILCS 5].

"Agricultural Land" means land in farms regularly used for agricultural production; all land devoted to crop or livestock enterprises, for example, farmstead lands, drainage and irrigation ditches, water supply, cropland, grazing land, and government set-aside land.

"Applicant" means a farmer who has submitted a written application to obtain the "Rivers-Friendly Farmer" designation.

"Department" means the Illinois Department of Agriculture.

"CPP" means the Conservation 2000-Conservation Practices Program, administered by the Illinois Department of Agriculture.

"CREP" means the Conservation Reserve Enhancement Program, jointly administered by the United States Department of Agriculture and the State of Illinois.

"CRP" means the Conservation Reserve Program, jointly administered by the United States Department of Agriculture, Natural Resources Conservation Service and Farm Service Agency.

"EQIP" means the Environmental Quality Incentives Program, administered by the United States Department of Agriculture, Natural Resources Conservation Service.

"Farm Conservation Plan" means the properly recorded decisions of a cooperating landowner or tenant on how he or she plans to use land according to the land's needs for maintenance or improvement of the soil, water and related natural resources.

"Illinois Rivers" means all rivers, streams, creeks, tributaries, and drainage areas in the State of Illinois.

"NRCS" means the Natural Resources Conservation Service, an agency under the United States Department of Agriculture.

"SWCD" means a Soil and Water Conservation District, functioning under the Illinois Soil and Water Conservation Districts Act [70 ILCS 405].

"T values" means the tolerable soil loss levels as specified by the State Erosion and Sediment Control Guidelines (8 Ill. Adm. Code 650.20).

"Vegetative Filter Strip" means a strip or area of permanent herbaceous vegetation situated between cropland, grazing land, or disturbed land and environmentally sensitive areas.

8 Ill. Adm. Code 760.150 Submittal of Written Application – "rivers-Friendly Farmer" Designation

a) In accordance with Section 15 of the Illinois Rivers-Friendly Farmer Program Act [505 ILCS 106/15], a farmer seeking the "Rivers-Friendly Farmer" designation may submit a written application to the Department. The application shall be made on forms prescribed by the Department. Application forms shall be made available at each local SWCD office or at the Department.

b) Completed application forms shall be signed by the applicant and provide the following information:

1. Applicant name and address;

2. Applicant telephone number;

3. Legal description of all the land areas included in the present farm upon which the application is based;

4. Certification statement from the applicant that all the soil loss on all cropland areas included in the present farm is at or below the tolerable soil loss levels (T values);

5. Certification statement from the applicant that an approved farm conservation plan is on file at the local SWCD;

6. Certification statement from the applicant that, if the farm has a vegetative filter adjacent to a body of water, the strip was constructed in accordance with the USDA Natural Resources Conservation Service Technical Guide; and

7. Evidence of participation in various conservation-related programs, including, but not limited to, the CRP, CREP, EQIP, or Conservation 2000 CPP, or the farm's cropland is located either wholly or partially within an established Agricultural Area.

c) All farmland in Illinois is eligible for the Illinois Rivers- Friendly Farmer Program.

8 Ill. Adm. Code 760.160 Application Fees – "rivers-Friendly Farmer" Designation

The Department shall collect an administrative filing fee of $15 for each written application submitted, in accordance with Section 30 of the Act. In addition, the Department shall collect a processing fee of $35 for each written application submitted that shall be forwarded by the Department to the local SWCD upon completion of an application review conducted by the local SWCD at the request of the Department. The fees shall accompany the written application and shall be deposited into a promotional trust account as provided in Section 40.7 of the Civil Administrative Code of Illinois. Funds collected shall be used for the purposes of the program authorized by the Act. If the local SWCD chooses not to review the application, the Department shall return the $35 processing fee to the applicant and shall consult with another local conservation entity regarding the application. [505 ILCS 106/30]

8 Ill. Adm. Code 760.170 Evaluation of Written Application

a) The Department shall review each written application submitted in accordance with the program criteria set forth in Section 20 of the Act. Farmers who satisfy all of the following criteria applicable to their operations and submit the required fees may be designated by the Department as a "Rivers-Friendly Farmer":

1. Soil loss on cropland is at or below the tolerable soil loss levels (T values) as certified by a local Soil and Water Conservation District [505 ILCS 106/20(1)];

2. An approved farm conservation plan is on file at the local Soil and Water Conservation District [505 ILCS 106/20(2)]; and

3. If the farm has a vegetative filter strip adjacent to a body of water, the strip is currently present, is being maintained, and was originally constructed in accordance with the USDA Natural Resources Conservation Service Technical Guide [505 ILCS 106/20(3)].

b) In addition to the criteria contained in subsection (a) of this Section, the Department may consider the applicant's participation in the CRP, CREP, EQIP, CPP or Agricultural Areas Programs in determining the applicant's eligibility for the Rivers-Friendly Farmer designation.

c) Within 60 calendar days after receipt of a completed application form and required fees, the Department, in consultation with a local conservation entity, shall evaluate the written application and determine whether the applicant is eligible to receive the "Rivers-Friendly Farmer" designation.

d) The Department's consultation with the local entity shall include a review by the local conservation entity of the various items listed in subsections (a) and (b) of this Section. The local entity shall issue to the Department a certification regarding whether the applicant's farm meets or does not meet the requirements of the aforementioned subsections.

e) The Department shall, upon receipt of a certification issued by a local SWCD, forward the $35 processing fee to the local SWCD.

8 Ill. Adm. Code 760.180 Notice of Determination of Eligibility to Farmers

Within 65 calendar days after receipt of a completed application form and required fees, the Department shall notify in writing the applicant that sufficient qualifications do or do not exist for the Department to issue the "Rivers-Friendly Farmer" designation. The Department shall send a copy of the aforementioned notice to the local SWCD. In those cases where there has been confirmation of eligibility to receive the designation, the Department shall send a certificate to the applicant declaring that the designation has been attained and granted by the Department.

8 Ill. Adm. Code 760.190 Sign – "rivers-Friendly Farmer" Designation

a) In addition to providing notification and issuing a certificate to an applicant that meets requirements to receive the "Rivers-Friendly Farmer" designation, the Department shall advise the applicant that a sign depicting the designation may be purchased through the Department and shall provide the applicant with a "Rivers-Friendly Farm" designation sign order form.

b) "Rivers-Friendly Farmer" designation sign order form shall be submitted directly to the Department. The Department shall establish a cost for the aforementioned sign that shall not be greater than the cost of sign manufacture plus the least expensive means of mailing the completed sign to the applicant. The cost of the sign shall be shown on the sign order form.

c) Upon receipt of a sign order form and payment in an amount as prescribed in subsection (b) of this Section, the Department shall cause the requested sign to be manufactured and, upon receipt from the manufacturer, shall forward the sign to the applicant. Such payments for signs shall be deposited into a promotional trust account as provided in Section 40.7 of the Civil Administrative Code of Illinois. Funds collected shall be used for the purposes of the program authorized by the Act. [505 ILCS 106/30]

8 Ill. Adm. Code 760.200 Trust Account

The Department, in accordance with Section 40.7 of the Civil Administrative Code, shall establish a promotional trust account. All monies collected by the Department for the Illinois Rivers-Friendly Farmer Program shall be deposited into the account. Monies collected shall be used solely for the purposes of the program.

8 Ill. Adm. Code 760.210 Promotional Activities

a) The Department, along with local entities such as SWCDs, may develop and implement a marketing program that informs the agricultural community and the general public of the Illinois Rivers-Friendly Farmer Program.

b) In order to increase public awareness of the environmentally beneficial farming practices being used by "Rivers-Friendly Farmers" that protect and enhance the quality of Illinois' waters, the Department and local SWCDs may undertake promotional/outreach activities. Those activities will not result in the release of information specific to individual farming operations without the written permission of the respective farmer or landowner.

Subchapter r Agricultural Foreign Investment

Part 800 Agricultural Foreign Investment Disclosure Act

8 Ill. Adm. Code 800.10 Definitions

In determining the meaning of words used in these rules, unless the context indicates otherwise, words importing the singular include and apply to several persons or things, words importing the plural include the singular, and words used in the present tense include the future as well as the present. No incorporation by reference in this Part includes any later amendments or editions beyond the date specified. The following terms shall have the following meanings:

a) "Act" means the Agricultural Foreign Investment Disclosure Act (Ill. Rev. Stat. 1983, ch. 5, par. 601 et seq.).

b) "Agricultural land" means any land located in this State which is currently used for, or if idle and its last use within the past five years was for, agricultural, forestry or timber production, except agricultural land used primarily to meet pollution control laws or regulations or land not exceeding ten acres in the aggregate from which the agricultural, forestry or timber products are less than $1,000 in annual gross sales and such products are produced for the personal or household use of the person or persons holding an interest in such land. Agricultural, forestry and timber production includes those activities identified in 7 CFR 781.2(b) (1984; amended at 49 FR 35072, effective October 9, 1984).

c) For the purpose of Section 3 of the Act, "any interest" means all interests acquired, transferred or held in agricultural lands by a foreign person, except:

1. leaseholds that are exempted from reporting as identified in Section 3 of the Act;

2. contingent future interests;

3. noncontingent future interests which do not become possessory upon termination of the present possessory estate;

4. surface or subsurface easements and rights of way used for a purpose unrelated to agricultural production. An interest solely in mineral rights is not considered an interest in agricultural land and, therefore, is not required to be reported; and

5. security interests.

d) "Security Interest" means a mortgage or other debt securing instrument.

e) "Significant interest or substantial control" shall be interpreted to mean interest or control, as set forth in 7 CFR 781.2(k) (49 FR 35072, effective October 9, 1984), in a legal entity for the purpose of obligating such legal entity to report.

History

• Source: Amended at 9 Ill. Reg. 8594, effective May 28, 1985

8 Ill. Adm. Code 800.15 Reporting Requirements: Persons Subject to Section 3(a), (b), (c) or (d) of the Act

a) Any foreign person subject to reporting under Section 3(a), (b), (c) or (d) of the Act shall file with the Director a copy of Form ASCS 153* which is required to be filed under the provisions of Public Law 95-460 (The Agricultural Foreign Investment Disclosure Act of 1978, 7 U.S.C. 3501 et seq). The report shall be mailed to the Director, Illinois Department of Agriculture, State Fairgrounds, Springfield, Illinois 62706.

b) In addition to the information required to be reported in Section 3 of the Act, the following information which is contained on Form ASCS 153 shall be reported:

1. When applicable, the name, address and relationship of the representative of the foreign person who is completing the ASCS-153 form for the foreign person;

2. How the tract of land was acquired or transferred, the relationship of the foreign person to the previous owner, producer, manager, tenant or sharecropper, and the type of rental agreement, if any;

3. The date the interest in the agricultural land was acquired;

4. The amount of the purchase price or the current value for the agricultural land yet to be paid; and

5. The current estimated value of the agricultural land that is being reported.

• The Form ASCS-153 may be obtained at the county Agricultural Stabilization and Conservation Service office.

History

• Source: Amended at 9 Ill. Reg. 8594, effective May 28, 1985

8 Ill. Adm. Code 800.20 Reporting Requirements: Foreign Person, Other Than Individual or Government

a) Any foreign person, other than an individual or government, required to submit a report under Section 3, paragraphs (a), (b), (c) or (d) of the Act must submit a report to the Director containing the following information:

1. the legal name and the address of each foreign individual or government holding a significant interest in such foreign person;

2. in any case in which the holder of such interest is an individual, the citizenship of such holder, and

3. in any case in which the holder of a significant interest in such foreign person is not an individual or a government, the nature and name of the foreign person holding the interest, the country in which such holder is created or organized, and the principal place of business of such holder.

b) In addition, any such foreign person required to submit a report under Section 800.20(a) may also be required, upon request, to submit a report containing:

1. The legal name and the address of each individual or government whose legal name and address did not appear on the report required to be submitted under Section 800.20, if such individual or government holds any interest in such foreign person;

2. In any case in which the holder of such interest is an individual the citizenship of such holder; and

3. In any case in which the holder of such interest is not an individual or government, the nature and name of the person holding the interest, the country in which such holder is created or organized, and the principal place of business of such holder.

History

• Source: Amended at 9 Ill. Reg. 8594, effective May 28, 1985

8 Ill. Adm. Code 800.25 Reporting Requirement: Additional Information: Reporting Interest, Nature and Name of Foreign Person

a) Any foreign person, other than an individual or a government, whose legal name is contained on any report submitted in satisfaction of Section 800.20 may also be required, upon request, to submit a report containing:

1. The legal name and the address of each foreign individual or government holding a significant interest in such foreign person;

2. In any case in which the holder of such interest in such foreign person is not an individual or a government, the nature and name of the foreign person holding the significant interest, the country in which such holder is created or organized, and the principal place of business of such holder.

b) Any foreign person required to submit a report under Section 800.25(a) may also be required, upon request, to submit a report containing:

1. The legal name and address of each individual or government whose legal name and address did not appear on the report required to be submitted under Section 800.25(a), if such individual or government holds any interest in such foreign person and, except in the case of a request which involves a foreign person, a report was required to be submitted pursuant to Section 800.20(b), disclosing information relating to non-foreign interest holders;

2. In any case in which the holder of such interest is an individual, the citizenship of such holder, and

3. In any case in which the holder of such interest is not an individual or government and, except in a situation where the information is requested from a foreign person, a report was required to be submitted pursuant to Section 800.20(b), disclosing information relating to non-foreign interest holders, the nature and name of the legal entity holding the interest, the country in which such holder is created or organized, and the principal place of business of such holder.

History

• Source: Amended at 9 Ill. Reg. 8594, effective May 28, 1985

8 Ill. Adm. Code 800.30 Additional Information

If the Director feels that the information provided under 8 Ill. Adm. Code Sections 800.15 and 800.20(a) does not completely describe the nature of the holding or the instrument holding the land, the Director shall require by written request further informational reports as specified in 8 Ill. Adm. Code Sections 800.20(b) and 800.25(a)(b) in order to accurately and completely describe the land holding entity.

8 Ill. Adm. Code 800.35 Penalty Determinations

In assessing the penalties for violation of the Act, the Director shall take into consideration:

a) Cost involved in ensuring compliance with the Act in the case in question.

b) The cost incurred in recovering the penalty.

c) The amount of penalty assessed under Public Law 95-460.

d) The total amount of penalty assessed cannot exceed the requirements established in Section 4(b) of the Act.

8 Ill. Adm. Code 800.40 Public Inspection

Any report filed with the Director shall be available for public inspection during regular working hours in accordance with 8 Ill. Adm. Code Section 1.505 (Rules Relating to Administrative Rules) as promulgated by the Department. Reports shall not be duplicated.

8 Ill. Adm. Code 800.45 Refund Procedures

All monies collected from penalties shall be deposited in the general revenue fund. In the event that the aggregate penalty imposed by this Act and Public Law 95-460 exceeds 25% of the fair market value of the interest in the agricultural land with respect to which such violation occurred, the amount of the penalty in excess of 25% will be refunded to the violator at the direction of the Illinois General Assembly.

Subchapter s Motor Fuels

Part 850 Motor Fuel and Petroleum Standards Act

8 Ill. Adm. Code 850.10 Written Complaint Required

a) A complaint regarding motor fuel quality received by the Department via telephone, in writing or by e-mail must be completed before the Department will submit an official sample (a sample taken by a Department inspector) for laboratory analysis.

b) The complainant shall provide the following information:

1. Name and address of the complainant.

2. Location where the product is to be sampled.

3. Identification of product or products to be sampled.

4. Description of complaint.

c) After receiving a complaint, the Department shall investigate the matter, including sampling the product, if applicable, and send a written response to the complainant.

History

• Source: Amended at 29 Ill. Reg. 1886, effective January 24, 2005

8 Ill. Adm. Code 850.20 Access to Motor Fuels and Records

The Department is authorized to enter upon any public or private premises during regular business hours in order to have access to motor fuels. Collection of such samples is subject to Constitutional requirements. Upon receipt of a complaint from a distributor or retailer, a copy of the invoice identifying that motor fuel shall be submitted to the Department.

8 Ill. Adm. Code 850.30 Responsibility for Standards of Quality

The last seller of the motor fuel to the complainant is responsible for the standards of quality of the motor fuel.

8 Ill. Adm. Code 850.40 Administrative, Laboratory and Sampling Fees

a) The Department shall sample and test motor fuels to determine the quality of a motor fuel as follows:

1. when there is a specific problem with a motor fuel within a locality;

2. when there is a complaint against a specific product or products of a specific retail chain; or

3. when there are several specific complaints against a specific product or products of a specific retailer.

4. when there is a complaint from a consumer.

b) When sampling and testing of motor fuel is performed by the Department as stated in Section 850.40(a) and if the motor fuel is found not to meet American Society for Testing and Materials designations, the last seller of the motor fuel shall be responsible to pay $350 for administrative, laboratory and sampling fees.

History

• Source: Amended at 29 Ill. Reg. 1886, effective January 24, 2005

8 Ill. Adm. Code 850.50 Label on Motor Fuel Dispensing Device

The label, which identifies the maximum percentage by volume of ethanol, methanol, and co-solvent in a motor fuel and which is required by Section 4.1 of the Motor Fuel Standards Act (Ill. Rev. Stat. 1987, ch. 5, par. 1704.1) to be affixed to the motor fuel dispensing device and visible to the customers, shall be located on the front or sides of the dispenser and within the top 30 percent of the height of the dispenser. On a dual-faced dispenser, the label shall be affixed on each front or each side in accordance with the before stated requirements.

History

• Source: Amended at 14 Ill. Reg. 5072, effective March 26, 1990

8 Ill. Adm. Code 850.60 Astm Standards

a) The standards set forth in the Annual Book of ASTM Standards Section 5, Volumes 05.01, 05.02, 05.03, 05.04 and 05.05 and supplements thereto, and revisions thereof are adopted unless modified or rejected by a regulation adopted by the Department. [815 ILCS 370/4]

b) The effective date for the lubricity requirement contained in Table 1 (Detailed Requirements for Diesel Fuel Oils) of D 975-04b is extended until October 1, 2005.

c) The quality of gasoline-ethanol blends sold or offered for sale in this State shall meet the standards set forth in Section 2.1.2 of the Uniform Engine Fuels and Automotive Lubricants Regulations as provided in National Institute of Standards and Technology Handbook 130, 2016 edition, as adopted by the 100th National Conference on Weights and Measures, November 2015, http://www.nist.gov/

pml/wmd/pubs/upload/hb130-2016-wfinal3.pdf. Notwithstanding the other provisions of this subsection, the Department expressly rejects the May 1, 2016 expiration of the vapor pressure exceptions in Section 2.1.2 of Handbook 130. Therefore, the vapor pressure exceptions in Section 2.1.2 of Handbook 130 shall remain in effect until ASTM incorporates those exceptions into ASTM D4814. These standards do not include any later amendments or editions of NIST Handbook 130.

History

• Source: Amended at 40 Ill. Reg. 13600, effective September 16, 2016

Subchapter t Waste Management

Part 900 Livestock Management Facility Regulations

8 Ill. Adm. Code 900.101 Applicability

This Subpart applies to 8 Ill. Adm. Code 900. The applicability of Subpart B, Setbacks, is set forth at Section 900.201 of this Part. The applicability of Subpart C, Notice of Intent to Construct, is set forth at Section 900.301 of this Part. The applicability of Subpart D, Public Informational Meeting, is set forth at Section 900.401 of this Part. The applicability of Subpart E, Livestock Waste Handling Facilities Other Than Lagoons, is set forth at Section 900.501 of this Part. The applicability of Subpart F, Lagoon Livestock Waste Handling Facilities, is set forth at Section 900.601 of this Part. The applicability of Subpart G, Lagoon Financial Responsibility, is set forth at Section 900.701 of this Part. The applicability of Subpart H, Waste Management Plan, is set forth at Section 900.802 of this Part. The applicability of Subpart I, Certified Livestock Manager, is set forth at Section 900.901 of this Part.

DEPARTMENT NOTE: Standards for the design and construction of livestock waste handling facilities, as required in Subparts E and F of this Part, are located at 35 Ill. Adm. Code 506 and are to be used in conjunction with 8 Ill. Adm. Code 900.

8 Ill. Adm. Code 900.102 Severability

If any provision of this Part or its application to any person or under any other circumstances is adjudged invalid, such adjudication does not affect the validity of this Part as a whole or of any portion not adjudged invalid.

8 Ill. Adm. Code 900.103 Definitions

Except as stated in this Section, or unless a different meaning of a word or term is clear from the context, the definition of words or terms in this Part shall be the same as that applied to the same words or terms in the Environmental Protection Act [415 ILCS 5] or the Livestock Management Facilities Act [510 ILCS 77]. For the purposes of this Part, the terms included in this Section shall have the following meanings:

"Agency" means the Illinois Environmental Protection Agency. [510 ILCS 77/10.5]

"Animal feeding operation" means a feeding operation as defined in the Illinois Environmental Protection Act and the rules promulgated under that act concerning agriculture related pollution. [510 ILCS 77/10.7]

"Animal unit" means a unit of measurement for any animal feeding operation calculated as follows:

Brood cows and slaughter and feeder cattle multiplied by 1.0.

Milking dairy cows multiplied by 1.4.

Young dairy stock multiplied by 0.6.

Swine weighing over 55 pounds multiplied by 0.4.

Swine weighing under 55 pounds multiplied by 0.03.

Sheep, lambs, or goats multiplied by 0.1.

Horses multiplied by 2.0.

Turkeys multiplied by 0.02.

Laying hens or broilers multiplied by 0.005.

Laying hens or broilers multiplied by 0.01 (if the facility has continuous overflow watering).

Laying hens or broilers multiplied by 0.03 (if the facility has a liquid manure handling system).

Ducks multiplied by 0.02. [510 ILCS 77/10.10]

For species of animals in an animal feeding operation not specifically listed in this definition, the animal unit factor shall be determined by dividing the average mature animal weight by 1,000. The average mature animal weight shall be determined by the Department with guidance from the University of Illinois Cooperative Extension Service.

"Aquifer material" means sandstone that is five feet or more in thickness, or fractured carbonate that is ten feet or more in thickness; or, sand, gravel, or sand and gravel, as defined in this Section, such that there is at least two feet present within any five foot section of a soil boring performed in accordance with Subpart B or Subpart C of 35 Ill. Adm. Code 506.

"Certified livestock manager" means a person that has been duly certified by the Department as an operator of a livestock waste handling facility. [510 ILCS 77/10.15]

"Department" means the Illinois Department of Agriculture. [510 ILCS 77/10.20]

"Farm residence" means any residence on a farm owned or occupied by the farm owners, operators, tenants, or seasonal or year-round hired workers. For purposes of this definition, a "farm" is the land, buildings, and machinery used in the commercial production of farm products, and "farm products" are those plants and animals and their products which are produced or raised for commercial purposes and include but are not limited to forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, livestock, fruits, vegetables, flowers, seeds, grasses, trees, fish, honey and other similar products, or any other plant, animal, or plant or animal product which supplies people with food, feed, fiber, or fur. [510 ILCS 77/10.23]

"Flood fringe" means that portion of the floodplain outside the floodway.

"Floodplain" means that land adjacent to a body of water with ground surface elevations at or below the 100-year frequency flood elevation.

"Floodway", for the six counties including Cook, DuPage, Kane, Lake, McHenry and Will, means the channel and that portion of the floodplain adjacent to a stream or watercourse as designated by the Illinois Department of Natural Resources pursuant to Section 18g of the Rivers, Lakes, and Streams Act [615 ILCS 5/18g], which is needed to store and convey the anticipated future 100-year frequency flood discharge with no more than a 0.1 foot increase in stage due to the loss of flood conveyance or storage, and no more than a 10% increase in velocities. [615 ILCS 5/18g(d)(1)] For the remaining 96 counties, "Floodway" means the channel of a river, lake or stream and that portion of the adjacent land area that is needed to safely store and convey flood waters. Where floodways have been delineated for regulatory purposes, the mapped lines show the floodway encroachment limits and will be used. For other areas, floodway limits will be estimated, using hydrologic and hydraulic calculations, to preserve adequate conveyance and storage so that stage increases for the 100-year frequency flood would not exceed 0.1 foot.

"Gravel" or "Sand and gravel" means unconsolidated materials that contain a matrix (particles of two millimeters or less) that is consistent with the definition of "sand" and particles larger than two millimeters in size.

"Inhabited residence" means an occupied residence.

"Karst area" means an area with a land surface containing sinkholes, large springs, disrupted land drainage, and underground drainage systems associated with karstified carbonate bedrock and caves or a land surface without these features but containing a karstified carbonate bedrock unit generally overlain by less than 60 feet of unconsolidated materials. [510 ILCS 77/10.24]

"Karstified carbonate bedrock" means a carbonate bedrock unit (limestone or dolomite) that has a pronounced conduit or secondary porosity due to dissolution of the rock along joints, fractures, or bedding plains. [510 ILCS 77/10.26]

"Lagoon" or "Earthen livestock waste lagoon" means any excavated, diked, or walled structure or combination of structures designed for biological stabilization and storage of livestock wastes. A lagoon does not include structures such as manufactured slurry storage structures or pits under buildings as defined in rules under the Environmental Protection Act concerning agriculture related pollution. [510 ILCS 77/10.25]

"Licensed professional engineer" means a person, corporation or partnership licensed under the laws of the State of Illinois to practice professional engineering. [415 ILCS 5/57.2]

"Licensed professional geologist" means an individual who is licensed under the laws of the State of Illinois to engage in the practice of professional geology in Illinois. [225 ILCS 745/15]

"Livestock management facility" means any animal feeding operation, livestock shelter, or on-farm milking and accompanying milk-handling area. Two or more livestock management facilities under common ownership, where the facilities are not separated by a minimum distance of ¼ mile, and that share a common livestock waste handling facility shall be considered a single livestock management facility. Livestock management facilities at educational institutions, livestock pasture operations, facilities where animals are housed on a temporary basis such as county and state fairs, livestock shows, race tracks, and horse breeding and foaling farms, and market holding facilities are not subject to the Livestock Management Facilities Act or the requirements of this Part. [510 ILCS 77/10.30]

"Livestock shelter" means any covered structure, including but not limited to livestock houses or barns, in which livestock are enclosed at any time.

"Livestock waste" means livestock excreta and associated feed losses, bedding, wash waters, sprinkling waters from livestock cooling, precipitation polluted by falling on or flowing onto an animal feeding operation, and other materials polluted by livestock. [510 ILCS 77/10.35]

"Livestock waste handling facility" means individually or collectively those immovable constructions or devices, except sewers, used for collecting, pumping, treating, or disposing of livestock waste or for the recovery of by-products from the livestock waste. Two or more livestock waste handling facilities under common ownership and where the facilities are not separated by a minimum distance of 1/4 mile shall be considered a single livestock waste handling facility. [510 ILCS 77/10.40] Livestock waste handling facilities at educational institutions, livestock pasture operations, facilities where animals are housed on a temporary basis, such as county and state fairs, livestock shows, race tracks, and horse breeding and foaling farms, and market holding facilities, are not subject to the Livestock Management Facilities Act or the requirements of this Part.

"Maintained" means, with reference to a lagoon, that the lagoon is inspected (including but not limited to inspection for burrow holes, trees and woody vegetation, proper freeboard, erosion, settling of berm, berm top integrity, leaks, and seepage) and preventive action is taken as necessary to assure the integrity of the lagoon and its berm and associated appurtenances.

"Modified" means structural changes to a lagoon that increase its volumetric capacity. [510 ILCS 77/10.43]

"New facility" means a livestock management facility or a livestock waste handling facility the construction or expansion of which is commenced on or after May 21, 1996 (the effective date of the Livestock Management Facilities Act). Expanding a facility where the fixed capital cost of the new components constructed within a 2-year period does not exceed 50% of the fixed capital cost of a comparable entirely new facility shall not be deemed a new facility as used in the Livestock Management Facilities Act. [510 ILCS 77/10.45] For facilities that have ceased operation on or after July 13, 1999, commencement of operations at a facility that has livestock shelters left intact and that has completed the requirements imposed under Section 13(k) of the Livestock Management Facilities Act [510 ILCS 77/13(k)] and Section 900.508 of this Part and that has been operated as a livestock management facility for 4 consecutive months at any time within the previous 10 years shall not be considered a new or expanded livestock management or waste handling facility. [510 ILCS 77/13(k)] For facilities that have ceased operation prior to July 13, 1999, commencement of operations at a facility that has livestock shelters left intact and that has been operated as a livestock management facility or livestock waste handling facility for 4 consecutive months at any time within the previous 10 years shall not be considered a new or expanded livestock management or waste handling facility.

"Non-farm residence" means any residence which is not a farm residence. [510 ILCS 77/10.47]

"Occupied residence" means a house or other type of shelter that is intended or used for human occupancy and has been occupied by humans for more than a total of six months in the last two years at that location. For the purposes of this definition, "intended or used for human occupancy" means running water and sanitation are provided within the residence.

"Owner or operator" means any person who owns, leases, controls, or supervises a livestock management facility or livestock waste-handling facility. [510 ILCS 77/10.50]

"Person" means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, State agency, or any other legal entity or their legal representative, agent, or assigns. [510 ILCS 77/10.55]

"Placed in service" means the placement of livestock waste in a livestock waste handling facility upon the completion of construction or modification in accordance with the requirements of this Part.

"Populated area" means any area where at least 10 inhabited non-farm residences are located or where at least 50 persons frequent a common place of assembly or a non-farm business at least once per week. [510 ILCS 77/10.60] The existence of a populated area shall be determined by identifying the area around the livestock management or livestock waste handling facility delineated by a distance equal to the applicable setback distance and identifying the number of residences or the existence of a non-farm business or the existence of a common place of assembly within that area. For the purpose of setback requirements, common places of assembly or non-farm businesses include but are not limited to churches, hospitals, schools, day care centers, manufacturing companies, land managed for recreational or conservation purposes, museums, camps, parks, retail and wholesale facilities, and shopping centers. A common place of assembly or a non-farm business includes places that operate less than 52 weeks per year, such as schools with seasonal vacation periods and businesses or other places which experience seasonal shutdowns, and parks, camps, and recreational areas which experience seasonal shutdowns or reduced attendance during a portion of the calendar year, provided that such places are frequented by at least 50 persons at least once per week during the portions of the year when seasonal shutdowns or reductions in attendance do not occur.

"Residence" means a house or other structure, including all attachments to the house or structure, which is used as a place of human habitation.

"Sand" means unconsolidated materials, where 70% or more of the particles are of size 0.06 millimeters to 2.00 millimeters, and which according to the USDA soil texture classification scheme includes soil textures of sand and loamy sand and portions of sandy loam and sandy clay loam.

"Serviced" means, with reference to a lagoon, that corrective action is taken as necessary to assure the integrity of the lagoon and its berm and associated appurtenances, including but not limited to removal or repair of burrow holes, trees and woody vegetation, freeboard level, erosion, settling of berm, berm top maintenance, leaks, and seepage.

8 Ill. Adm. Code 900.104 Incorporations by Reference

a) The following materials are incorporated by reference:

1. APHA. American Public Health Association, 1015 Fifteenth Street, NW, Washington, DC 20005, (202) 789-5600, "Standard Methods for the Examination of Water and Wastewater", 19th Edition, 1995.

2. ASAE. American Society of Agricultural Engineers, 2950 Niles Road, St. Joseph, MI 49085-9659, (616) 429-5585:

"Manure Storages", ASAE Standards 1998, ASAE EP393.2, December 1997, pp. 649-652.

"Design of Anaerobic Lagoons for Animal Waste Management", ASAE Standards 1998, ASAE EP403.2, August 1993, pp. 656-659.

3. MWPS. MidWest Plan Service, Davidson Hall, Iowa State University, Ames, IA 50011-3080, (515) 294-4337, "Livestock Waste Facilities Handbook" MWPS-18, 3rd Edition, 1993.

4. NCR. North Central Region – University of Missouri Soil Testing Lab, 23 Mumford Hall, University of Missouri, Columbia, MO 65211, "Recommended Chemical Soil Test Procedures for the North Central Region", North Central Regional Publication No. 221, Missouri Agr. Exp. Stn. Bul. SB 1001, January 1998.

5. NTIS. National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161, (703) 487-4600, "Methods for the Determination of Inorganic Substances in Environmental Samples", EPA Publication No. EPA-600/R-93/100 (August 1993), Doc. No. PB 94-120821.

6. USDA-NRCS. United States Department of Agriculture – Natural Resources Conservation Service, 1902 Fox Drive, Champaign, IL 61820, "Waste Treatment Lagoon", Illinois Field Office Technical Guide, Section IV, IL359, p. 5, June 1992.

7. University of Illinois Extension Service – College of Agriculture, Consumer and Environmental Sciences, Mumford Hall, Urbana, IL 61801, (217) 333-0460, "Illinois Agronomy Handbook 1999-2000", Circular 1360, December 1998.

b) This Section incorporates no later amendments or editions.

8 Ill. Adm. Code 900.105 Recordkeeping

a) The Department shall maintain a file for all facilities registering or otherwise filing documents with the Department under this Part.

b) The file shall contain all registration materials, along with all supporting data and justifications, records of Department certification and determinations, groundwater monitoring results (if required), waste management plans (if required), and any other information submitted to the Department by the owner or operator of a facility.

c) Where a notice of intent to construct has been filed pursuant to Subpart C of this Part, the Department shall maintain a file that includes all filings and supporting data and justification that it relied upon in making its determination regarding compliance with the setback distances. This file is subject to public inspection.

d) Materials in the file required by this Section shall be available for public inspection and copying, subject to the Freedom of Information Act [5 ILCS 140].

8 Ill. Adm. Code 900.201 Applicability

a) All new livestock management or livestock waste handling facilities shall comply with the setback distances as established in Section 35 of the Livestock Management Facilities Act [510 ILCS 77/35] and with the provisions of this Subpart.

b) Commencement of operations at a facility reconstructed within two years after partial or total destruction due to natural causes, such as tornado, fire, flood, or earthquake, shall not be considered the location of a new livestock management or waste handling facility for setback purposes. Likewise, a residence partially or totally destroyed due to natural causes, such as tornado, fire, flood, or earthquake, shall retain its original setback for a period of no greater than two years, to allow for reconstruction of the residence.

8 Ill. Adm. Code 900.202 Procedures

a) Grandfather provision: Facilities in existence prior to July 15, 1991. Livestock management facilities and livestock waste handling facilities in existence prior to July 15, 1991 shall comply with setbacks in existence prior to July 15, 1991, as set forth in the Illinois Environmental Protection Act and 35 Ill. Adm. Code 501.402. [510 ILCS 77/35(a)]

b) Grandfather provision: Facilities in existence on effective date and after July 15, 1991. Livestock management facilities and livestock waste handling facilities in existence on May 21, 1996 (the effective date of the Livestock Management Facilities Act) but after July 15, 1991 shall comply with setbacks in existence prior to May 21, 1996, as set forth in the Illinois Environmental Protection Act and 35 Ill. Adm. Code 501.402. [510 ILCS 77/35(b)]

c) New livestock management or livestock waste handling facilities. Any new facility shall comply with the following setbacks:

1. Residence: For purposes of determining setback distances, minimum distances shall be measured from the nearest corner of the residence to the nearest corner of the earthen waste lagoon, livestock waste handling facility, or livestock management facility, whichever is closer.

2. Common Place of Assembly or Non-Farm Business: For the purposes of determining setback distances between a common place of assembly or non-farm business:

A) When the primary activity at a common place of assembly or non-farm business is an outdoor activity, minimum distances shall be measured from the nearest corner of the earthen waste lagoon, livestock waste handling facility, or livestock management facility to the nearest point on the legal property line of the common place of assembly or non-farm business.

B) When the primary activity at a common place of assembly or non-farm business is not an outdoor activity and is an indoor activity, minimum distances shall be measured from the nearest corner of the earthen waste lagoon, livestock waste handling facility, or livestock management facility to the nearest corner of the structure where the indoor activity takes place.

3. A livestock management facility or livestock waste handling facility serving less than 50 animal units shall be exempt from setback distances as set forth in the Livestock Management Facilities Act but shall be subject to rules promulgated under the Illinois Environmental Protection Act.

4. For a livestock management facility or waste handling facility serving 50 or greater but less than 1,000 animal units, the minimum setback distance shall be ¼ mile from the nearest occupied residence and ½ mile from the nearest populated area.

5. For a livestock management facility or livestock waste handling facility serving 1,000 or greater but less than 7,000 animal units, the setback is as follows:

A) For a populated area, the minimum setback shall be increased 440 feet over the minimum setback of ½ mile for each additional 1,000 animal units over 1,000 animal units.

B) For any occupied residence, the minimum setback shall be increased 220 feet over the minimum setback of ¼ mile for each additional 1,000 animal units over 1,000 animal units.

6. For a livestock management facility or livestock waste handling facility serving 7,000 or greater animal units, the setback is as follows:

A) For a populated area, the minimum setback shall be 1 mile.

B) For any occupied residence, the minimum setback shall be ½ mile. [510 ILCS 77/35(c)]

d) Requirements governing the location of a new livestock management facility and new livestock waste handling facility and conditions for exemptions or compliance with the maximum feasible location as provided in 35 Ill. Adm. Code 501.402 concerning agriculture related pollution shall apply to those facilities identified in subsections (b) and (c) of this Section. With regard to the maximum feasible location requirements, any reference to a setback distance in 35 Ill. Adm. Code 501.402 shall mean the appropriate distance as set forth in this Section. [510 ILCS 77/35(d)]

e) Setback category for a livestock management facility or livestock waste handling facility shall be determined by the maximum design capacity in animal units of the livestock management facility. [510 ILCS 77/35(e)] For the purposes of this Subpart, the maximum design capacity of a livestock management facility shall equal the summation of the maximum existing design capacity and the maximum proposed design capacity, both expressed in animal units, of the livestock management facilities not separated by greater than ¼ mile.

f) Setbacks may be decreased when innovative designs as approved by the Department are incorporated into the facility. [510 ILCS 77/35(f)]

1. An owner or operator shall request a setback decrease in writing prior to construction.

2. An owner or operator shall attach to the request for decrease a certification by a Licensed Professional Engineer that in the professional judgment of the Licensed Professional Engineer the innovative designs incorporated into the facility will provide more odor protection than the original setbacks.

3. The Department shall notify the owner or operator of its determination within 30 days after the receipt of the request for decrease. In approving a reduction in setbacks due to innovative designs, the Department shall specifically find that such use of an innovative design will provide more odor protection than the original setbacks.

4. Where the Department grants such a decrease from the setbacks, the Department must maintain a file which includes all supporting data and justification which it relied upon in making its determination. This file is subject to public inspection.

g) A setback may be decreased when waivers are obtained from owners of residences that are occupied and located in the setback area. [510 ILCS 77/35(g)] A setback also may be decreased when waivers are obtained from owners of non-farm businesses or common places of assembly that are located in the setback area.

1. An owner or operator request for a setback decrease shall be in writing and submitted to the Department prior to construction.

2. An owner or operator shall attach to the request copies of the written and notarized waivers from all the owners of the residences, non-farm businesses, and common places of assembly that are located within the setback area.

3. Within 30 days after receipt of the request and waivers, the Department shall notify the owner or operator in writing of the setback decrease.

4. When such a decrease from the setbacks is requested, the Department must maintain a file which includes all supporting data and justification concerning the setback decrease. This file is subject to public inspection.

8 Ill. Adm. Code 900.203 Penalties

a) For violations of the setback distance requirements, the Department may issue one of the following to the owner or operator of the livestock management facility or livestock waste handling facility:

1. If during construction, a cease and desist order which prohibits further construction of the livestock management facility or livestock waste handling facility, prohibits entry of livestock into the livestock management facility, and prohibits use of the livestock waste handling facility; or

2. An operational cease and desist order.

b) A cease and desist order issued by the Department pursuant to subsection (a) of this Section shall be canceled by the Department pursuant to the following:

1. Submission to the Department of a valid waiver as provided for in Section 900.202(g) of this Subpart by the livestock management facility owner or operator or the livestock waste handling facility owner or operator; or

2. Verification by the Department of compliance with the appropriate setback distances as described in Section 35 of the Livestock Management Facilities Act [510 ILCS 77/35].

8 Ill. Adm. Code 900.301 Applicability

This Subpart applies to any owner or operator who proposes to construct a livestock management facility or livestock waste handling facility.

8 Ill. Adm. Code 900.302 Filing

An owner or operator shall file, on a form provided by the Department, a notice of intent to construct, for a livestock management facility or livestock waste handling facility with the Department prior to construction to establish a base date, which shall be valid for one year, for determination of setbacks in compliance with setback distances or, in the case of construction that is not a new facility or a facility of less than 50 animal units, with the maximum feasible location requirements of Section 35 of the Livestock Management Facilities Act. [510 ILCS 77/11(a)]

8 Ill. Adm. Code 900.303 Procedures

a) The notice of intent to construct shall contain the following items:

1. A legal description of the land on which the livestock facility will be constructed;

2. The names and addresses of the owners or operators of the facility;

3. The type and size of the facility;

4. The existing, proposed, and total number of animal units at the facility;

5. The names and addresses of the owners, including local, State, and federal governments, of the property located within the setback areas;

6. The distance to the nearest residence, non-farm business, and common place of assembly as referenced in the definition of "populated area" in Section 900.103 of this Part;

7. A map or sketch showing the proposed facility and setback areas, identifying within the applicable setback areas all the residences, non-farm businesses, and common places of assembly as referenced in the definition of "populated area" in Section 900.103 of this Part; and

8. A statement identifying whether a request for decrease in setbacks, pursuant to Section 900.202(f) or (g), has been sought and whether the request has been granted or denied yet.

b) For livestock management or livestock waste handling facilities that are not subject to the public informational meeting process as outlined in Section 12 of the Livestock Management Facilities Act [510 ILCS 77] and Subpart D of this Part, the following procedures shall be followed:

1. Upon receipt of the notice of intent to construct form, the Department shall review the documents to determine if all information has been submitted or if clarification is needed. The Department shall, within 15 calendar days after receipt of a notice of intent to construct form, notify the owner or operator that construction may begin, only after receipt and approval by the Department of the construction plans pursuant to Subpart E of this Part, or that clarification of the notice of intent to construct information is needed. [510 ILCS 77/11(b)]

2. The Department shall, within 15 calendar days after receipt of the clarification information submitted pursuant to this subsection or subsection (b)(1) of this Section, notify the owner or operator that construction may begin only after receipt and approval by the Department of the construction plans pursuant to Subpart E of this Part, or that clarification of the notice of intent to construct information is needed.

3. Within 15 calendar days after receipt by the Department of information that completes the notice of intent to construct form, the Department shall issue an acknowledgement of setback compliance to the owner or operator if the Department has determined that the owner or operator has complied with the setback and notice of intent to construct requirements of this Part.

4. Within 10 calendar days after receipt of the Department's acknowledgment pursuant to subsection (b)(3) of this Section, the owner or operator shall mail by certified mail, return receipt requested, a copy of the complete notice of intent to construct to the owners of the property located within the setback areas. The owners of the property located within the setback areas are presumed, unless established to the contrary, to be the persons shown by the current tax collector's warrant book to be the party in whose name the taxes were last assessed.

5. Construction shall not begin until the acknowledgment of setback compliance has been issued by the Department to the owner or operator pursuant to this Section, copies of the complete notice of intent to construct form have been mailed to owners of property within the setback areas, and construction plans for the livestock waste handling facility have been approved by the Department.

c) For livestock management or livestock waste handling facilities that are subject to the public informational meeting process as outlined in Section 12 of the Livestock Management Facilities Act [510 ILCS 77/12] and Subpart D of this Part, the following procedures shall be followed:

1. Within 15 calendar days after receipt of a notice of intent to construct form by the Department, the Department shall review the form and notify the owner or operator that all information regarding the form has been submitted or that clarification is needed. Upon receipt of any clarification information, the Department shall, within 15 calendar days after receipt of the information, review the information and notify the owner or operator that all information has been submitted or that additional clarification is needed.

2. If a public informational meeting is not held, the Department shall issue an acknowledgment of setback compliance to the owner or operator within 10 calendar days after the expiration of the time period for the county board to request a meeting pursuant to Section 900.403 of this Part if the Department has determined that the owner or operator has complied with the setback and notice of intent to construct requirements of this Part. If a public informational meeting is held, the Department shall issue an acknowledgment of setback compliance to the owner or operator within 10 calendar days after receipt of the county board's recommendation pursuant to Section 900.406 of this Part if the Department has determined that the owner or operator has complied with the setback and notice of intent to construct requirements of this part.

3. Within 10 calendar days after notification by the Department to the owner or operator that all information has been submitted pursuant to subsection (c)(1) of this Section, the owner or operator of the proposed facility shall mail by certified mail, return receipt requested, a copy of the complete notice of intent to construct form to the owners of property located within the setback areas. The owners of the property located within the setback distances are presumed, unless established to the contrary, to be the persons shown by the current collector's warrant book to be the party in whose name the taxes were last assessed.

4. Construction shall not commence until the acknowledgment of setback compliance has been issued by the Department and the provisions set forth in Sections 900.407 and 900.409 of this Part have been met.

5. Upon receipt of a complete notice of intent to construct form or information that completes a notice of intent to construct form, the Department shall provide notice to the county board of the county which the facility is to be located and to the public pursuant to Subpart D of this Part.

8 Ill. Adm. Code 900.304 Establishment of Base Date and Setback Period

a) The date the Department issues the acknowledgment of setback compliance pursuant to Section 900.303(b)(3) of this Part or notifies the owner or operator that all information has been submitted pursuant to Section 900.303(c)(1) of this Part establishes the base date for the determination of whether residences, non-farm businesses, or common places of assembly exist for setback purposes.

b) The setback period shall begin on the base date. The setback period shall expire one year after the establishment of the base date unless one or more of the following occurs:

1. A lagoon registration form, for construction on the site, has been approved by the Department pursuant to Subpart F of this Part, all applicable requirements of the Livestock Management Facilities Act have been met, and construction has commenced;

2. A livestock waste handling facility registration form, for facilities subject to the public informational meeting process as outlined in Section 12 of the Livestock Management Facilities Act [510 ILCS 77/12] and Subpart D of this Part, is filed with the Department, all applicable requirements of the Livestock Management Facilities Act and this Part have been met, and construction of the livestock management facility or livestock waste handling facility has commenced; or

3. A livestock waste handling facility construction plan, for facilities not subject to the public informational meeting process as outlined in Section 12 of the Livestock Management Facilities Act, is filed with the Department, all applicable requirements of the Livestock Management Facilities Act and this Part have been met, and construction of the livestock management facility or livestock waste handling facility has commenced.

4. The setback period shall not expire if a certification of compliance, prepared in accordance with Section 900.506(a) or Section 900.605(b) of this Part, has been received and approved by the Department within 3 years after the base date. The owner or operator may extend the 3 year setback period by an additional 2 years by submitting a written request to the Department prior to the expiration of the 3 year period. Within 15 days after receipt of the written request by the Department, the Department shall notify the owner or operator that the request has been granted.

c) If the Department determines that the owner or operator has complied with the setback requirements and the provisions of this Subpart, residences, non-farm businesses, or common places of assembly established after the base date cannot operate to affect the setback as initially determined subject to the limitation in subsection (b) of this Section.

d) For the purposes of this Subpart, "construction" means the commencement of on-site activities including, but not limited to, foundation preparation, fabrication, erection, or installation.

8 Ill. Adm. Code 900.305 Penalties

Any owner or operator who fails to file a notice of intent to construct form with the Department prior to commencing construction, upon being discovered by the Department, shall be subject to an administrative hearing by the Department. The administrative law judge, upon determination of a failure to file the appropriate form, shall impose a civil administrative penalty in an amount no more than $1,000 and shall enter an administrative order directing that the owner or operator file the appropriate form within 10 business days after receiving notice from the Department. If, after receiving the administrative law judge's order to file, the owner or operator fails to file the appropriate form with the Department, the Department shall impose a civil administrative penalty in an amount no less than $1,000 and no more than $2,500 and shall enter an administrative order prohibiting the operation of the facility until the owner or operator is in compliance with the Livestock Management Facilities Act [510 ILCS 77] and this Subpart. Penalties under this Section not paid within 60 days after notice from the Department shall be submitted to the Attorney General's office or an approved private collection agency. [510 ILCS 77/11(d)]

8 Ill. Adm. Code 900.401 Applicability

This Subpart establishes procedures for conducting informational meetings on notices of intent to construct received by the Department after January 1, 2001 for all new livestock management facilities and livestock waste handling facilities serving 1,000 or more animal units that do not propose to utilize a lagoon and all livestock management facilities or livestock waste handling facilities that propose to utilize a lagoon.

8 Ill. Adm. Code 900.402 Notice

a) Within 7 calendar days after receiving a complete form giving notice of intent to construct a new livestock management facility or livestock waste handling facility serving 1,000 or more animal units that does not propose to utilize a lagoon or a livestock management facility or livestock waste handling facility that does propose to utilize a lagoon, the Department shall:

1. Send a copy of the notice form to the county board of the county in which the facility is to be located;

2. Publish a public notice in a newspaper of general circulation within the county in which the facility is to be located [510 ILCS 77/12(a)]; and

3. Send a copy of the notice to be published in the newspaper, pursuant to subsection (a)(2) of this Section, to the owner or operator.

For the purposes of this Subpart, a complete form means that all items listed in Section 900.303(a) of this Part and included on the notice of intent to construct form have been completed by the owner or operator, the form has been reviewed by the Department, and all clarification information has been received by the Department.

b) The notice in the newspaper shall include:

1. The date the Department received the notice of intent to construct;

2. The type and size of the facility and the number of animal units proposed;

3. The general location of the facility;

4. The name of the facility;

5. The date the notice form was sent to the county board;

6. A summary of how the county board may request the Department to conduct an informational meeting concerning the proposed construction; and

7. Any additional information the Department may consider necessary or proper.

8 Ill. Adm. Code 900.403 Request for Informational Meeting

a) Within 30 calendar days after receipt of notice under Section 900.402(a)(1), the county board may request in writing that the Department conduct an informational meeting concerning the proposed construction [510 ILCS 77/12(a)]:

1. Based on its own discretion; or

2. Based on a petition, received by the county board within 30 calendar days after receipt of notice under Section 900.402(a)(1), by residents of the county where the proposed facility will be located that the Department conduct an informational meeting.

b) Within 30 calendar days after receipt of the notice under Section 900.402(a)(1), the county board shall request that the Department conduct an informational meeting concerning the proposed construction when the county board has received a petition within 30 calendar days after receipt of the notice under Section 900.402(a)(1) by 75 or more of the county's residents who are registered voters. [510 ILCS 77/12(a)]

8 Ill. Adm. Code 900.404 Notice of Informational Meeting

a) After receipt of the request to hold an informational meeting, the Department shall:

1. Publish a notice of the meeting in a newspaper of general circulation in the county where the facility is to be located;

2. Publish a notice of the meeting in the State newspaper; and

3. Send a copy of the notice to the county board in sufficient time for the county board to post the notice as required by subsection (c) of this Section.

b) The notice of an informational meeting must contain the following information:

1. Date, time and place of the meeting;

2. The type and size of the facility and the number of animal units proposed;

3. The general location of the facility;

4. The name of the facility;

5. A summary of how the informational meeting will be conducted and how persons may comment; and

6. Any additional information the Department may consider necessary or proper.

c) Upon receipt of the notice of the informational meeting under subsection (a)(3) of this Section, the county board shall post the notice on the public informational board at the county courthouse at least 10 calendar days before the meeting. [510 ILCS 77/12(a)]

8 Ill. Adm. Code 900.405 Conduct of Informational Meeting

a) Within 15 business days after receipt of a county board's request to conduct an informational meeting, the Department shall appoint a hearing officer, in accordance with 8 Ill. Adm. Code 1.22(a), to conduct the informational meeting, and conduct an informational meeting on the proposed construction in the county where the proposed facility is to be located.

b) The hearing officer shall have the duty to conduct a fair informational meeting, take all necessary action to avoid delay, maintain order, and ensure the development of a clear, complete, and concise record. The hearing officer shall have all powers necessary to these ends, including but not limited to the authority to:

1. Require all participants to state their position with respect to the proposed facility;

2. Administer oaths and affirmations;

3. Regulate the course of the meeting, including but not limited to controlling the order of proceedings; and

4. Establish reasonable limits on the duration of the testimony and questioning of any witness and limit repetitious or cumulative testimony and questioning.

c) The hearing officer shall state at the beginning of the informational meeting the manner in which the meeting will be conducted, time limits for testifying, and any other procedures for conducting the meeting. Procedures and time limits may vary according to the number of people wishing to testify, the time the meeting starts, weather conditions, and other situations affecting the length of the meeting.

d) At the meeting, the Department shall afford members of the public an opportunity to ask questions and present oral or written comments concerning the proposed construction. [510 ILCS 77/12(a)] All persons presenting oral comments shall be sworn in and comments shall be in narrative form. All persons presenting oral comments shall be subject to questioning by any person.

e) Any person requesting time to make an oral comment at the informational meeting must register prior to the beginning of the meeting. Persons shall be called to testify in the order of registration, unless the hearing officer determines otherwise.

f) All written comments shall be:

1. Addressed to the Director or Hearing Officer, Illinois Department of Agriculture, State Fairgrounds, P.O. Box 19281, Springfield, IL 62794-9281, unless otherwise instructed by the hearing officer;

2. Legible with lines double spaced, except that long quotations may be single spaced, on white paper measuring 8½ inches by 11 inches; and

3. Signed by the party filing the comment or by an officer, agent, or attorney thereof and shall contain the address of the party filing the comment, or, if the filing party is an attorney, the name and address of such attorney.

g) The owner or operator who submitted the notice of intent to construct to the Department shall appear at the informational meeting. [510 ILCS 77/12(a)] At the informational meetings, the owner or operator may supply in written form to the meeting attendees a summary of the response to each of the subjects set forth in subsection (h) of this Section.

h) At the informational meeting, the Department shall receive evidence by testimony or otherwise on the following subjects:

1. Whether registration and livestock waste management plan certification requirements, if required, are met by the notice of intent to construct;

2. Whether the design, location, or proposed operation will protect the environment by being consistent with the Livestock Management Facilities Act [510 ILCS 77];

3. Whether the location of the facility minimizes any incompatibility with the surrounding area's character by being located in any area zoned for agriculture where the county has zoning or, where the county is not zoned, the setback requirements established by the Livestock Management Facilities Act are complied with;

4. Whether the facility is located within a 100-year floodplain or an otherwise environmentally sensitive area (defined as an area of karst area or with aquifer material within 5 feet of the bottom of the livestock waste handling facility) and whether construction standards set forth in the notice of intent to construct are consistent with the goal of protecting the safety of the area;

5. Whether the owner or operator has submitted plans for operation that minimize the likelihood of any environmental damage to the surrounding area from spills, runoff, and leaching;

6. Whether odor control plans are reasonable and incorporate reasonable or innovative odor reduction technologies given the current state of such technologies;

7. Whether traffic patterns minimize the effect on existing traffic flows; and

8. Whether construction or modification of a new facility is consistent with existing community growth, tourism, recreation, or economic development or with specific projects involving community growth, tourism, recreation, or economic development that have been identified by government action for development or operation within one year through compliance with applicable zoning and setback requirements for populated areas as established by the Livestock Management Facilities Act. [510 ILCS 77/12(d)]

i) In the absence of a specific provision in this Subpart governing the conduct of the informational meeting, the Department's procedural rules or a particular provision of the Code of Civil Procedure may provide guidance to the Department or hearing officer.

8 Ill. Adm. Code 900.406 County Board Recommendation

At the informational meeting or within 30 business days following the meeting, the county board shall submit to the Department an advisory, non-binding recommendation about the proposed new facility's construction in accordance with the applicable requirements of the Act. The advisory, non-binding recommendation shall contain, at a minimum, the following:

a) A statement of whether the proposed facility achieves or fails to achieve each of the 8 siting criteria described in subsection (d) of Section 12 of the Livestock Management Facilities Act [510 ILCS 77/12(d)] and Section 900.405(h) of this Subpart; and

b) A statement of the information and criteria used by the county board in determining that the proposed facility met or failed to meet any of the criteria described in subsection (d) of Section 12 of the Livestock Management Facilities Act and Section 900.405(h) of this Subpart. [510 ILCS 77/12(b)]

8 Ill. Adm. Code 900.407 Final Determination

a) Within 15 calendar days after the close of the comment period under Section 900.406 of this Subpart, the Department shall determine:

1. That, more likely than not, the provisions of the Livestock Management Facilities Act [510 ILCS 77] have been met [510 ILCS 77/12.1(a)];

2. That, more likely than not, the provisions of the Livestock Management Facilities Act [510 ILCS 77] have not been met; or

3. That additional information or specific changes are needed in order to assist the Department in making the determination.

b) If the Department determines after an informational meeting that, more likely than not, the provisions of the Livestock Management Facilities Act have been met, the Department shall send written notice by certified mail, return receipt requested, to the applicant and the county board indicating that construction may proceed provided the other applicable provisions of the Livestock Management Facilities Act have been met. [510 ILCS 77/12.1(a)]

c) If the Department determines after an informational meeting that, more likely than not, the provisions of the Livestock Management Facilities Act have not been met, the Department shall send written notice by certified mail, return receipt requested, to the applicant and the county board that construction is prohibited. [510 ILCS 77/12.1(a)] The notice shall also indicate the reasons for the construction prohibition.

d) If the Department finds, after an informational meeting, that additional information or that specific changes are needed in order to assist the Department in making the determination, the Department may request such information or changes from the owner or operator of the new livestock waste handling facility or livestock management facility. [510 ILCS 77/12.1(a-5)] No later than 10 working days after the receipt of the clarification information, the Department shall notify the applicant and the county board in writing by certified mail, return receipt requested, whether, more likely than not, the provisions of the Livestock Management Facilities Act have been met and construction may proceed, whether additional information is required, or whether construction is prohibited.

e) If no informational meeting is held, the Department shall, within 15 calendar days following the end of the period for the county board to request an informational meeting, notify in writing by certified mail, return receipt requested, the owner or operator that construction may begin provided the other applicable provisions of the Livestock Management Facilities Act have been met, is prohibited or that clarification is needed. [510 ILCS 77/12.1(b)] No later than 10 working days after the receipt of the clarification information, the Department shall notify the applicant and the county board in writing by certified mail whether the provisions of the Livestock Management Facilities Act have been met and whether construction may proceed or is prohibited.

f) For purposes of judicial review, the Department's decision becomes final as of the date of the decision. The procedure for stay or reconsideration of any final Department decision by the Department shall be as provided for in the Department's administrative rules at 8 Ill. Adm. Code 1.

History

• Source: Amended at 27 Ill. Reg. 18553, effective November 25, 2003

8 Ill. Adm. Code 900.408 Amendment to Plans

a) If the owner or operator of a proposed livestock management facility or livestock waste handling facility amends the facility plans during the Department's review by increasing the maximum design capacity of the livestock management facility or livestock waste handling facility, changing the type of livestock waste handling facility, altering the facility location which results in a change in the status of residences and common places of assembly in setback areas, or otherwise changing or modifying any substantial feature of the facility design, the Department shall notify the county board, which may exercise its option of a public informational meeting pursuant to Section 12 of the Livestock Management Facilities Act [510 ILCS 77/12] and Section 900.403 of this Subpart. [510 ILCS 77/12.1(c)] If a request for an informational meeting is made, the Department shall follow the procedures as outlined in this Subpart. If no request for an informational meeting is made, the Department shall make its final determination in accordance with Section 900.407 of this Subpart.

b) If the owner or operator of a proposed new livestock management or new livestock waste handling facility amends the facility plans during the Department's review process by increasing the animal unit capacity of the facility such that the required setback distances will be increased, the owner or operator shall submit a revised notice of intent to construct and comply with applicable provisions of the Livestock Management Facilities Act and the requirements of this Subpart. [510 ILCS 77/12.1(d)]

8 Ill. Adm. Code 900.409 Construction

a) When the county board requests an informational meeting, construction shall not begin until after the informational meeting has been held, the Department has reviewed the county board's recommendation and replied to the recommendation indicating if the proposed new livestock management facility or the new livestock waste handling facility is or will be in compliance with the requirements of the Livestock Management Facilities Act [510 ILCS 77], and the owner, operator, or certified manager and operator has received the Department's notice that the setbacks and all applicable requirements of the Livestock Management Facilities Act have been met. [510 ILCS 77/12(c)]

b) If no informational meeting is requested, construction shall not begin until after the Department has reviewed the notice of intent to construct and determined that the requirements of the Livestock Management Facilities Act have been met.

8 Ill. Adm. Code 900.501 Applicability

The applicability of this Subpart shall be as follows:

a) Section 900.502 of this Subpart applies to new livestock management facilities and livestock waste handling facilities, other than livestock waste lagoons, constructed after January 1, 2001;

b) Section 900.503 of this Subpart applies to livestock waste handling facilities, other than livestock waste lagoons, constructed after January 1, 2001 that are not subject to the public informational meeting process;

c) Section 900.504 of this Subpart applies to livestock waste handling facilities, other than livestock waste lagoons, constructed after January 1, 2001 that are subject to the public informational meeting process;

d) Sections 900.505, 900.506, and 900.507 of this Subpart apply to livestock waste handling facilities, other than livestock waste lagoons, constructed after January 1, 2001;

e) Section 900.508 of this Subpart applies to any livestock management facility not utilizing a livestock waste lagoon;

f) Section 900.509 of this Subpart applies to new livestock management facilities not utilizing a livestock waste lagoon constructed after May 21, 1996;

g) Section 900.510 of this Subpart applies to any livestock waste handling facility not utilizing a livestock waste lagoon; and

h) Section 900.511 of this Subpart applies to new livestock waste handling facilities, other than livestock waste lagoons, constructed after January 1, 2001 required to conduct perimeter drainage tubing sampling pursuant to 35 Ill. Adm. Code 506.

8 Ill. Adm. Code 900.502 Siting Restrictions and Additional Construction Requirements

New livestock management facilities and livestock waste handling facilities constructed after January 1, 2001 shall be subject to the additional construction requirements and siting prohibitions provided in this Section. [510 ILCS 77/13(b)]

a) No new non-lagoon livestock management facility or livestock waste handling facility may be constructed within the floodway of a 100-year floodplain. A new livestock management facility or livestock waste handling facility may be constructed within the portion of a 100-year floodplain that is within the flood fringe and outside the floodway provided that the facility is designed and constructed to be protected from flooding and meets the requirements set forth in the Rivers, Lakes, and Streams Act [615 ILCS 5], Section 5-40001 of the Counties Code [55 ILCS 5/5-40001], and Executive Order Number 4 (1979). The delineation of floodplains, floodways, and flood fringes shall be in compliance with the National Flood Insurance Program. Protection from flooding shall be consistent with the National Flood Insurance Program and shall be designed so that stored livestock waste is not readily removed. [510 ILCS 77/13(b)(1]) Construction standards and specifications shall be utilized as set forth in Subpart C of 35 Ill. Adm. Code 506.

b) A new non-lagoon livestock waste handling facility constructed in a karst area shall be designed to prevent seepage of the stored material into groundwater in accordance with ASAE EP393.2 or future updates. Owners or operators of proposed facilities should consult with the local soil and water conservation district, the University of Illinois Cooperative Extension Service, or other local, county, or State resources relative to determining the possible presence or absence of such areas. Notwithstanding the other provisions of this subsection (b), after July 13, 1999, no non-lagoon livestock waste handling facility may be constructed within 400 feet of any natural depression in a karst area formed as a result of subsurface removal of soil or rock materials that has caused the formation of a collapse feature that exhibits internal drainage. For the purposes of this subsection (b), the existence of such a natural depression in a karst area shall be indicated by the uppermost closed depression contour lines on a USGS 7½ minute quadrangle topographic map or as determined by Department field investigation in a karst area. [510 ILCS 77/13(b)(2)] Construction standards and specifications shall be utilized as set forth in Subpart C of 35 Ill. Adm. Code 506.

c) A new non-lagoon livestock waste handling facility constructed in an area where aquifer material is present within 5 feet of the bottom of the facility shall be designed to ensure the structural integrity of the containment structure and to prevent seepage of the stored material to groundwater. Footings and underlying structure support shall be incorporated into the design standards of the storage structure in accordance with the requirements of Section 4.1 of the American Society of Agricultural Engineers (ASAE) EP393.2 or future updates. [510 ILCS 77/13(b)(3)] Construction standards and specifications shall be utilized as set forth in Subpart C of 35 Ill. Adm. Code 506.

8 Ill. Adm. Code 900.503 Livestock Waste Handling Facilities Not Subject to the Public Informational Meeting Process

For a livestock waste handling facility, other than a livestock waste lagoon, that is not subject to the public informational meeting process as outlined in Section 12 of the Livestock Management Facilities Act [510 ILCS 77] and Subpart D of this Part, the following procedures shall be followed:

a) For a new livestock waste handling facility, a site investigation shall be conducted in accordance with Subpart C of 35 Ill. Adm. Code 506 to determine whether aquifer material is considered present (or not present) within 5 feet of the planned bottom of the livestock waste handling facility, the proposed facility is located in the floodway or flood fringe of a 100-year floodplain, and the proposed facility is located in a karst area or within 400 feet of a natural depression in a karst area. A livestock waste handling facility owner may rely on guidance from the local soil and water conservation district, the Natural Resources Conservation Service of the United States Department of Agriculture, or the University of Illinois Cooperative Extension Service for soil type and associated information. [510 ILCS 77/13(c)]

b) A construction plan of the waste handling structure with design specifications of the structure noted as prepared by or for the owner or operator shall be filed with the Department at least 10 calendar days prior to the anticipated dates of construction. [510 ILCS 77/11(b)] Construction standards and specifications shall be utilized as set forth in Subpart C of 35 Ill. Adm. Code 506.

c) For a livestock waste handling facility required to conduct a site investigation pursuant to subsection (a) of this Section, the construction plan required pursuant to subsection (b) of this Section shall include a certification statement from the owner or operator on a form provided by the Department. The statement shall certify that the site investigation meets all the applicable requirements of subsection (a) of this Section and Subpart C of 35 Ill. Adm. Code 506, and whether aquifer material is considered present (or not present) within 5 feet of the planned bottom of the livestock waste handling facility, the proposed facility is located in the floodway or flood fringe of a 100-year floodplain, and the proposed facility is located in a karst area or within 400 feet of a natural depression in a karst area. The statement shall be accompanied by supporting justification, data, and the results of the site investigation, all from a Licensed Professional Engineer or Licensed Professional Geologist or by a representative of the Natural Resources Conservation Service of the United States Department of Agriculture designated to perform such functions.

d) Upon receipt of the site investigation information, if required, and construction plan, the Department shall review the documents to determine if all information has been submitted or if clarification is needed. The Department shall, within 15 calendar days after receipt of the construction plan, notify the owner or operator that construction may begin, if all applicable requirements of the Livestock Management Facilities Act [510 ILCS 77] and this Part have been met, or that clarification is needed. [510 ILCS 77/11(b)] No later than 15 calendar days after receipt of the clarification information, the Department shall notify the owner or operator that construction may begin, if all applicable requirements of the Livestock Management Facilities Act and this Part have been met, or that additional clarification is needed.

8 Ill. Adm. Code 900.504 Livestock Waste Handling Facilities Subject to the Public Informational Meeting Process

For a livestock waste handling facility, other than a livestock waste lagoon, that is subject to the public informational meeting process as outlined in Section 12 of the Livestock Management Facilities Act [510 ILCS 77] and Subpart D of this Part, the following procedures shall be followed:

a) The owner or operator shall file a completed registration with the Department, on a form provided by the Department, at least 37 calendar days prior to the anticipated dates of construction.

b) The registration shall include the following:

1. Name and address of the owner and operator of the livestock waste handling facility;

2. Location of the livestock waste handling facility;

3. General description of the livestock waste handling facility;

4. Type and number of animal units of livestock served by the livestock waste handling facility;

5. Specific location information noted on a facility site map or livestock waste handling facility plot plan:

A) The location and distance to the nearest private or public potable well;

B) The location and distance to the nearest stream;

C) The location and distance to the nearest abandoned or plugged well, drainage well, or injection well located within 1,000 feet of the proposed facility; and

D) The location of any subsurface drainage lines within 100 feet of the livestock waste handling facility;

6. Anticipated beginning and ending dates of construction [510 ILCS 77/11(c)];

7. Results of a site investigation conducted in accordance with Subpart C of 35 Ill. Adm. Code 506 to determine whether aquifer material is considered present (or not present) within 5 feet of the planned bottom of the livestock waste handling facility, the proposed facility is located in the floodway or flood fringe of a 100-year floodplain, and the proposed facility is located in a karst area or within 400 feet of a natural depression in a karst area. A livestock waste handling facility owner may rely on guidance from the local soil and water conservation district, the Natural Resources Conservation Service of the United States Department of Agriculture, or the University of Illinois Cooperative Extension Service for soil type and associated information. [510 ILCS 77/13(c)];

8. A certification statement from the owner or operator on a form provided by the Department. The statement, accompanied by supporting justification and data from a Licensed Professional Engineer or Licensed Service Professional Geologist or a representative of the Natural Resources Conservation Service of the United States Department of Agriculture designated to perform such functions, shall certify that the site investigation meets all the applicable requirements of subsection (b)(7) of this Section and Subpart C of 35 Ill. Adm. Code 506, and whether aquifer material is considered present (or not present) within 5 feet of the planned bottom of the livestock waste handling facility, the proposed facility is located in the floodway or flood fringe of a 100-year floodplain, and the proposed facility is located in a karst area or within 400 feet of a natural depression in a karst area; and

9. Construction plan of the waste handling structure with design specifications of the structure noted as prepared by or for the owner or operator in accordance with the requirements contained in Subpart C of 35 Ill. Adm. Code 506, including a livestock waste handling facility plot plan with dimensions and elevations. [510 ILCS 77/11(c)]

c) The Department shall, within 15 calendar days after receipt of the registration form, notify the person submitting the form that the registration is complete or that clarification information is needed. [510 ILCS 77/11(c)] No later than 15 calendar days after receipt of the clarification information, the Department shall notify the owner or operator that registration is complete or that additional clarification is needed.

d) When the county board requests an informational meeting, construction shall not begin until after the informational meeting has been held, the Department has reviewed the county board's recommendation and replied to the recommendation indicating if the proposed new livestock management facility or the new livestock waste handling facility is or will be in compliance with the requirements of the Act, and the owner, operator, or certified manager and operator has received the Department's notice that the setbacks and all applicable requirements of the Act have been met. [510 ILCS 77/12(c)] If no informational meeting is held, the Department shall, within 15 calendar days following the end of the period for the county board to request an informational meeting, notify the owner or operator that construction may begin or that clarification is needed. [510 ILCS 77/12.1(b)]

8 Ill. Adm. Code 900.505 Inspections

a) The Department shall inspect the construction site prior to construction, during construction, and within 10 business days following receipt of the certification of compliance, pursuant to Section 900.506 of this Subpart, to determine compliance with the construction standards and this Subpart. [510 ILCS 77/13(g)]

b) The person making any inspection shall comply with reasonable animal health protection procedures as requested by the owner, operator, or certified livestock manager.

c) The Department shall require modification or change when necessary to bring the construction into compliance with the standards as set forth in this Subpart and Subpart C of 35 Ill. Adm. Code 506. [510 ILCS 77/13(h)]

d) The person making the inspection shall discuss with the owner, operator, or certified livestock manager an evaluation of the livestock waste handling facility construction and shall provide on-site written recommendations to the owner, operator, or certified livestock manager of what modifications or changes are necessary or inform the owner, operator, or certified livestock manager that the facility meets the standards set forth in this Subpart and Subpart C of 35 Ill. Adm. Code 506. On the day of the inspection, the person making the inspection shall give the owner, operator, or certified livestock manager a written report of findings based on the inspection together with an explanation of remedial measures necessary to enable the livestock waste handling facility to meet the standards set forth in this Subpart and Subpart C of 35 Ill. Adm. Code 506. The Department shall, within 5 business days after the date of inspection, send an official written notice to the owner or operator of the livestock waste handling facility by certified mail, return receipt requested, indicating that the facility meets the standards set forth in this Subpart and Subpart C of 35 Ill. Adm. Code 506 or identifying the remedial measures necessary to enable the livestock waste handling facility to meet the standards set forth in this Subpart and Subpart C of 35 Ill. Adm. Code 506. The owner or operator shall, within 10 business days after receipt of an official written notice of deficiencies, contact the Department to develop the principles of an agreement of compliance. The owner or operator and the Department shall enter into an agreement of compliance setting forth the specific changes to be made to bring the construction into compliance with the standards required under this Subpart and Subpart C of 35 Ill. Adm. Code 506. If an agreement of compliance cannot be achieved, the Department shall issue a compliance order to the owner or operator outlining the specific changes to be made to bring the construction into compliance with the standards required under this Subpart and Subpart C of 35 Ill. Adm. Code 506. The owner or operator can request an administrative hearing to contest the provisions of the Department's compliance order. [510 ILCS 77/13(h)]

e) If any owner or operator operates in violation of an agreement of compliance, the Department shall seek an injunction in circuit court to prohibit the operation of the facility until construction and certification of the livestock waste handling facility are in compliance with the provisions of this Subpart and Subpart C of 35 Ill. Adm. Code 506. [510 ILCS 77/13(j)]

8 Ill. Adm. Code 900.506 Certification of Compliance

a) The owner or operator of a livestock management facility or livestock waste handling facility constructed pursuant to the requirements of this Subpart shall send, by certified mail or in person, to the Department a certification of compliance form provided by the Department together with copies of verification documents upon completion of construction. Such verification documents shall include photographic records of excavation and site preparation including any soil compaction, footing preparation and construction, concrete forming including steel reinforcement, construction joints during construction, walls and floors after form removal, installation of perimeter drains if needed, and any other items deemed necessary by the owner or operator, engineer, or construction personnel. For structures constructed of concrete, a signed statement from the concrete supplier indicating the quality of the concrete shall be included. In the case of structures constructed with the design standards used by the Natural Resources Conservation Service of the United States Department of Agriculture, copies of the design standards and a statement of verification signed by a representative of the United States Department of Agriculture shall accompany the owner's or operator's certification of compliance. The certification shall state that the structure meets or exceeds the construction requirements as set forth in Subpart C of 35 Ill. Adm. Code 506. [510 ILCS 77/13(f)]

b) A $250 filing fee shall accompany the certification of compliance statement. [510 ILCS 77/13(f)]

8 Ill. Adm. Code 900.507 Failure to Register or File Construction Plans

Any owner or operator who fails to file a registration form or construction plans and site investigation information with the Department prior to commencing construction, upon being discovered by the Department, shall be subject to an administrative hearing by the Department. The administrative law judge, upon determination of a failure to file the appropriate form, shall impose a civil administrative penalty in an amount no more than $1,000 and shall enter an administrative order directing that the owner or operator file the appropriate form within 10 business days after receiving notice from the Department. If, after receiving the administrative law judge's order to file, the owner or operator fails to file the appropriate form with the Department, the Department shall impose a civil administrative penalty in an amount no less than $1,000 and no more than $2,500 and shall enter an administrative order prohibiting the operation of the facility until the owner or operator is in compliance with the Livestock Management Facilities Act [510 ILCS 77] and this Subpart. Penalties under this Section not paid within 60 days after notice from the Department shall be submitted to the Attorney General's office or an approved private collection agency. [510 ILCS 77/11(d)]

8 Ill. Adm. Code 900.508 Removal from Service

a) When any livestock management facility not using a livestock waste lagoon is removed from service, the accumulated livestock waste remaining within the facility shall be removed and applied to land at rates consistent with a waste management plan for the facility. In the case of a facility not required to develop and maintain a waste management plan, the livestock waste shall be applied at agronomic rates consistent with the Illinois Agronomy Handbook. Removal of the waste shall occur within 12 months after the date livestock production at the facility ceases. In addition, the owner or operator shall make provisions to prevent the accumulation of precipitation within the livestock waste handling facility. [510 ILCS 77/13(k)]

b) Upon completion of the removal of manure, the owner or operator of the facility shall notify the Department that the facility is being removed from service and the remaining manure has been removed. The Department shall conduct an inspection of the livestock waste handling facility and inform the owner or operator in writing that the requirements imposed under this Section have been met or that additional actions are necessary. [510 ILCS 77/13(k)]

8 Ill. Adm. Code 900.509 Return to Service

A new facility constructed after May 21, 1996 that has been removed from service for a period of 2 or more years shall not be placed back into service prior to an inspection of the livestock waste handling facility and receipt of written approval by the Department. [510 ILCS 77/13(k)]

8 Ill. Adm. Code 900.510 Odor Control

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) Above-ground livestock waste holding structures must be operated using odor control management guidelines based on scientific per review accepted by the Department and determined to be economically feasible to the specific operation. [510 ILCS 77/25(c)] Such odor control methods may include, but are not limited to, biocovers and synthetic covers for gas capture.

c) 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)]

8 Ill. Adm. Code 900.511 Perimeter Drainage Tubing Sampling, Analysis and Reporting Procedures

a) For non-lagoon livestock waste handling facilities required to install and sample perimeter drainage tubing pursuant to 35 Ill. Adm. Code 506, the requirements of this Section shall be met.

1. The owner or operator of a livestock waste handling facility shall sample the liquid from the monitoring port prior to the livestock waste handling facility being placed into service and at least quarterly thereafter, if any liquid is available. The samples shall be analyzed for the following items: nitrate-nitrogen, phosphate-phosphorus, chloride, sulfate and ammonia-nitrogen.

2. Analytical results as determined in subsection (a)(1) of this Section shall be submitted to the Department within 30 days after sample collection and shall include a discussion relative to the significance of the results. Such discussion of significance shall include:

A) A comparison of the results to the initial sampling made prior to the livestock waste handling facility being placed in service; and

B) A description of any proposed response action necessary to mitigate potential impacts to groundwater.

3. The Department shall review the submittal provided pursuant to subsection (a)(2) of this Section, evaluate the proposed response action, and provide a time frame for the correction of any identified deficiencies. As a result of the evaluation, the Department may approve or modify the monitoring program or response action including, but not limited to, the following:

A) Increased the monitoring port sampling frequency;

B) Decreased the sampling frequency if, after four consecutive quarters, no detections are identified;

C) Add or delete items from the list of samples analytes provided in subsection (a)(1) of this Section, including bacteriological testing; or

D) require changes to the design, construction or operation of the livestock waste handling facility or changes in the operation of the livestock management facility that shall be implemented by the owner or operator within the time frame established by the Department.

b) The owner or operator of the livestock waste handling facility may, upon written request and with written approval from the Department, modify or exceed these standards in order to meet site specific objectives. The owner or operator shall demonstrate that such modification shall be at least as protective of the groundwater, surface water and the structural integrity of the livestock waste handling facility as the requirements of this Part.

8 Ill. Adm. Code 900.601 Applicability

a) The applicability of this Subpart shall be as follows:

1. Sections 900.602 through 900.606 and Section 900.611 of this Subpart apply to any new or modified lagoon, the design of which has not been approved by the Department prior to January 1, 2001;

2. Section 900.607 of this Subpart applies to any livestock waste lagoon that services 1,000 or more animal units and is required to be registered under the Livestock Management Facilities Act;

3. Section 900.608 of this Subpart applies to any livestock waste lagoon;

4. Section 900.609 of this Subpart applies to any livestock waste lagoon constructed after June 1, 1998; and

5. Section 900.610 of this Subpart applies to any livestock waste lagoon required to be registered under the Livestock Management Facilities Act.

b) A lagoon registered and certified pursuant to the emergency rules adopted by the Illinois Pollution Control Board in R97-14 at 20 Ill. Reg. 14903, effective October 31, 1996, the emergency rules adopted in R97-14 at 21 Ill. Reg. 4313, effective March 31, 1997, and the rules adopted in R97-15(A) at 21 Ill. Reg. 6851, effective May 20, 1997, shall be considered as registered and certified pursuant to this Subpart.

c) For the purposes of this Subpart the number of animal units at a livestock management facility is the maximum design capacity of the livestock management facility.

8 Ill. Adm. Code 900.602 Lagoon Siting Restrictions and Additional Construction Requirements

a) New or modified earthen livestock waste lagoons constructed after January 1, 2001 shall be subject to additional construction requirements and siting prohibitions as provided in this Section.

1. No new or modified earthen livestock waste lagoon may be constructed within the floodway of a 100-year floodplain. A new or modified earthen livestock waste lagoon may be constructed within the portion of a 100-year floodplain that is within the flood fringe and outside the floodway provided that the facility is designed and constructed so that livestock waste is not readily removed during flooding and meets the requirements set forth in the Rivers, Lakes, and Streams Act [615 ILCS 5], Section 5-40001 of the Counties Code [55 ILCS 5/5-40001], and Executive Order Number 4 (1979). The delineation of floodplains, floodways, and flood fringes shall be in compliance with the National Flood Insurance Program. [510 ILCS 77/15(a-5)(1)] Construction standards and specifications shall be utilized as set forth in Subpart B of 35 Ill. Adm. Code 506.

2. A new or modified earthen livestock waste lagoon constructed in a karst area shall be designed to prevent seepage of the stored material to groundwater. Owners or operators of proposed facilities shall consult with the local soil and water conservation district, the University of Illinois Cooperative Extension Service, or other local, county, or State resources relative to determining the possible presence or absence of such areas. Notwithstanding the other provisions of this subsection (a), after July 13, 1999, no earthen livestock waste lagoon may be constructed within 400 feet of any natural depression in a karst area formed as a result of subsurface removal of soil or rock materials that has caused the formation of a collapse feature that exhibits internal drainage. For the purposes of this subsection (a), the existence of such natural depression in a karst area shall be indicated by the uppermost closed depression contour lines on a USGS 7½ minute quadrangle topographic map or as determined by Department field investigation in a karst area. [510 ILCS 77/15(a-5)(2)] Construction standards and specifications shall be utilized as set forth in Subpart B of 35 Ill. Adm. Code 506.

b) Notwithstanding any other requirement of this Subpart, every earthen livestock waste lagoon constructed after June 1, 1998 shall include the construction of a secondary berm, filter strip, grass waterway, or terrace, or any combination of those, outside the perimeter of the primary berm if an engineer licensed under the Professional Engineering Practice Act of 1989 and retained by the registrant determines, with the concurrence of the Department, that construction of such a secondary berm or other feature or features is necessary in order to ensure against a release of livestock waste from the lagoon that encroaches or is reasonably expected to encroach upon land other than the land occupied by the livestock waste handling facility of which the lagoon is a part or that enters or is reasonably expected to enter the waters of this State. [510 ILCS 77/15(a)] Construction standards and specifications shall be utilized as set forth in Subpart B of 35 Ill. Adm. Code 506.

8 Ill. Adm. Code 900.603 Registration

a) Prior to new construction or modification of any earthen livestock waste lagoon on or after January 1, 2001, such earthen livestock waste lagoon shall be registered by the owner or operator with the Department on a form provided by the Department in accordance with the requirements of this Section. Lagoons constructed prior to October 31, 1996 may register with the Department at no charge. [510 ILCS 77/15(b)] A completed registration shall be filed with the Department at least 37 days prior to the anticipated dates of construction. [510 ILCS 77/11(c)]

b) The registration form, accompanied by a $250 fee, shall include the following:

1. Names and addresses of the owner and operator who are responsible for the livestock waste lagoon;

2. General location of lagoon;

3. Results of a site investigation conducted in accordance with Subpart B of 35 Ill. Adm. Code 506 to determine whether aquifer material is considered present (or not present) within 50 feet of the planned bottom of the lagoon, the proposed facility is located in the floodway or flood fringe of a 100-year floodplain, and the proposed facility is located in a karst area or within 400 feet of a natural depression in a karst area;

4. Design construction plans and specifications prepared in accordance with the requirements contained in Subpart B of 35 Ill. Adm. Code 506 (including a lagoon plot plan with dimensions and elevations);

5. Specific location information (noted on a facility site map or the lagoon plot plan):

A) The location and distance to the nearest private or public potable well;

B) The location and distance to the closest occupied private residence (other than any occupied by the owner or operator);

C) The location and distance to the nearest stream;

D) The location and distance to the nearest populated area;

E) The location and distance to the nearest abandoned or plugged well, drainage well or injection well located within 1,000 feet of the proposed facility; and

F) The location of any subsurface drainage lines within 100 feet of the lagoon;

6. Anticipated beginning and ending dates of lagoon construction;

7. Type of livestock and number of animal units;

8. A certification by the supervising Licensed Professional Engineer or Licensed Professional Geologist, accompanied by supporting justification and data, certifying that the site investigation meets all the applicable requirements of this Subpart and Subpart B of 35 Ill. Adm. Code 506, whether aquifer material is considered present (or not present) within 50 feet of the planned bottom of the lagoon, the proposed facility is located in the floodway or flood fringe of a 100-year floodplain, and the proposed facility is located in a karst area or within 400 feet of a natural depression in a karst area; and

9. Where applicable, a copy of the synthetic liner manufacturer's compatibility statement and liner maintenance guidelines. [510 ILCS 77/15(b)]

c) The Department, upon receipt of a livestock waste lagoon registration form, shall review the form to determine that all required information has been provided. The person filing the registration shall be notified within 15 working days after receipt by the Department that registration is complete or that clarification information is needed. No later than 10 working days after the receipt of the clarification information, the Department shall notify the owner or operator that registration is complete or that additional clarification information is needed. [510 ILCS 77/15(b)]

d) Construction shall not begin until 30 days after submittal of a registration form by certified mail to the Department unless otherwise restricted by subsection (a) of this Section. [510 ILCS 77/15(b)] In addition, when the county board requests an informational meeting, construction shall not begin until after the informational meeting has been held, the Department has reviewed the county board's recommendation and replied to the recommendation indicating if the proposed new livestock management facility or the new or modified livestock waste handling facility is or will be in compliance with the requirements of the Act, and the owner, operator, or certified manager and operator has received the Department's notice that the setbacks and all applicable requirements of the Act have been met. [510 ILCS 77/12(c)] If no informational meeting is held, the Department shall, within 15 calendar days following the end of the period for the county board to request an informational meeting, notify the owner or operator that construction may begin or that clarification is needed. [510 ILCS 77/12.1(b)]

8 Ill. Adm. Code 900.604 Lagoon Construction, Registration, and Certification Inspections

a) The Department shall inspect an earthen livestock waste lagoon during pre-construction, construction, and post-construction and shall require modifications when necessary to ensure the project will be in compliance with the requirements of this Part and 35 Ill. Adm. Code 506. [510 ILCS 77/15(b)]

b) The Department may, as a condition of the issuance of a livestock waste lagoon registration, conduct periodic site inspections of a livestock waste lagoon to assess its degree of compliance with the requirements of the Livestock Management Facilities Act [510 ILCS 77] and the requirements of this Part.

c) The Department shall conduct a certification inspection within 10 business days after receipt of the certification of compliance from the lagoon owner or operator pursuant to Section 900.605(c) of this Subpart.

d) The person making any inspection shall comply with reasonable animal health protection procedures as requested by the owner, operator or certified livestock manager. [510 ILCS 77/15(b)]

8 Ill. Adm. Code 900.605 Certification of Construction

a) Upon completion of the liner construction or installation, the supervising Licensed Professional Engineer shall certify that the liner meets all the applicable requirements of Subpart B of 35 Ill. Adm. Code 506. Such certification shall be submitted to the Department prior to placing the lagoon in service and shall include supporting data and justification.

b) Upon completion of the construction or modification, but prior to placing the lagoon in service, the owner or operator of the livestock waste lagoon shall certify on a form provided by the Department that the lagoon has been constructed or modified in accordance with the standards set forth in subsection (a) of Section 15 of the Livestock Management Facilities Act [510 ILCS 77/15] and the requirements of this Part and that the information provided on the registration form and other supporting documents as required by this Part is correct. The certification notice to the Department shall include a certification statement and signature. [510 ILCS 77/15(b)]

c) Within 10 business days after receipt of the certification of compliance, the Department shall inspect the lagoon site. The Department shall, within 5 business days after the date of inspection, send an official written notice by certified mail, return receipt requested, to the owner or operator of the facility indicating that all the requirements of Section 15 of the Livestock Management Facilities Act [510 ILCS 77/15] and this Subpart have been met or that deficiencies exist that must be corrected prior to the completion of the lagoon registration process and the placement of the lagoon into service. [510 ILCS 77/15(b)]

d) The owner or operator of the lagoon may proceed to place the lagoon in service after receipt of the Department's notice that all the requirements of Section 15 of the Livestock Management Facilities Act [510 ILCS 77/15] and this Subpart have been met. [510 ILCS 77/15(b)]

8 Ill. Adm. Code 900.606 Failure to Register or Construct in Accordance with Standards

a) The owner or operator of any earthen livestock waste lagoon subject to registration that has not been registered or constructed in accordance with standards set forth in subsection (a) of Section 15 of the Livestock Management Facilities Act [510 ILCS 77/15], this Part, and 35 Ill. Adm. Code 506 shall, upon being identified as such by the Department, be given written notice by the Department to register and certify the lagoon within 10 working days after receipt of the notice. The Department may inspect such lagoon and require compliance in accordance with subsections (a) and (b) of Section 15 of the Livestock Management Facilities Act [510 ILCS 77/15], this Part, and 35 Ill. Adm. Code 506. If the owner or operator of the livestock waste lagoon that is subject to registration fails to comply with the notice, the Department may issue a cease and desist order until such time as compliance is obtained with the requirements of Section 15 of the Livestock Management Facilities Act [510 ILCS 77/15], this Part, and 35 Ill. Adm. Code 506. Failure to construct the lagoon in accordance with the construction plan and Department recommendations is a business offense punishable by a fine of not more than $5,000. [510 ILCS 77/15(f)]

b) If the owner or operator of the livestock waste lagoon that is subject to registration fails to comply with the notice addressing violations occurring during lagoon construction, a cease and desist order to stop construction may be issued by the Department. Changes shall be made to the lagoon by the owner or operator to ensure construction according to the provisions of the Livestock Management Facilities Act [510 ILCS 77], this Part, and 35 Ill. Adm. Code 506. The cease and desist order shall be canceled by the Department upon submission of the registration materials by the lagoon owner or operator to the Department, and after the Department's review of the construction plans and specifications and lagoon registration materials, and after determination by the Department of compliance with the Livestock Management Facilities Act, this Part, and 35 Ill. Adm. Code 506.

c) If the owner or operator of the livestock waste lagoon that is subject to registration fails to comply with the notice addressing violations which occur after completion of lagoon construction, an operational cease and desist order may be issued by the Department. Any necessary changes shall be made to the lagoon by the lagoon owner or operator to comply with the Livestock Management Facilities Act, this Part, and 35 Ill. Adm. Code 506. The operational cease and desist order shall be canceled by the Department after the Department determines compliance with the Livestock Management Facilities Act, this Part, and 35 Ill. Adm. Code 506.

8 Ill. Adm. Code 900.607 Lagoon Operational Inspections

a) At least once each year on a random basis, the Department shall inspect every earthen livestock waste lagoon that services 1,000 or more animal units and is required to be registered under the Act. The owner or operator of the lagoon or a certified livestock manager must be present during the inspection. If the owner, operator, or certified livestock manager is not present at the scheduled date, time, and place of the inspection, the inspection shall proceed in his or her absence. The person making the inspection shall conduct a visual inspection to determine only whether any of the following are present: burrow holes, trees or woody vegetation, proper freeboard, erosion, settling of the berm, bermtop maintenance, leaks, and seepage. The person making the inspection shall discuss with the owner, operator, or certified livestock manager an evaluation of the livestock waste lagoon's current condition and shall provide on-site written recommendations to the owner, operator, or certified livestock manager of what corrective actions are necessary or shall inform the owner, operator, or certified livestock manager that the lagoon meets the standards set forth in this subsection. [510 ILCS 77/16]

b) The person making any inspection shall comply with reasonable animal health protection procedures as requested by the owner, operator, or certified livestock manager. [510 ILCS 77/16]

c) The Department shall send official written notice of any deficiencies to the owner or operator of the lagoon by certified mail, return receipt requested. The owner or operator and the Department shall enter into an agreement of compliance setting forth the specific action and timetable to correct the deficiencies. The person making the reinspection shall notify the Department of the results of the reinspection, and the Department shall take the appropriate action under this Section. If the Department's inspector finds a release or evidence of a release, the Department shall immediately report such information to the Agency. [510 ILCS 77/16]

d) The following penalties shall be assessed for violations of this Section:

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 77/16]

8 Ill. Adm. Code 900.608 Lagoon Closure

a) When any livestock waste lagoon is removed from service, it shall be completely emptied. Appropriate closure procedures shall be followed as determined by the requirements of this Part. [510 ILCS 77/15(e)]

1. In the event that any livestock waste lagoon is removed from service, the requirements contained in Section 15(e) of the Livestock Management Facilities Act [510 ILCS 77/15(e)] shall be met. The owner or operator shall notify the Department in writing when a lagoon is removed from service. Within 60 days after removal of the lagoon from service, the owner or operator shall submit a lagoon closure plan to the Department for review and approval. If no lagoon closure plan is received by the Department within 60 days, the Department shall send the lagoon owner a notice of default.

2. The lagoon closure plan shall provide for the following;

A) A location area map of the lagoon and surrounding area;

B) The sampling, analysis for total nitrogen, ammonium nitrogen, and phosphorus, and reporting of results of all remaining livestock waste, sludge and minimum six-inch thickness of soil from throughout the lagoon interior;

C) The removal of all remaining livestock waste including sludge, the removal of a minimum 6 inch thickness of soil from throughout the lagoon interior, and the application of these materials to crop land at agronomic rates as set forth in Subpart H of this Part or their otherwise proper disposal;

D) The removal of all associated appurtenances, including but not limited to transfer lines, ramps, pumping ports and other waste conveyance structures;

E) The proper management of any impounded precipitation in the remaining excavation if it is not immediately filled and the area immediately returned to its pre-construction condition;

F) The proper abandonment of any monitoring wells conducted pursuant to the Illinois Water Well Construction Code at 77 Ill. Adm. Code 920.120;

G) The restoration of the topography at the lagoon site to its pre-construction condition; and

H) A proposed time frame for the completion of the closure activities no greater than two years from the cessation of operation date unless the lagoon is maintained or serviced.

3. The Department shall review and approve, reject, or request additional information relative to the lagoon closure plan.

4. The Department may also grant a waiver to any of the closure requirements of this Section that will permit the lagoon to be used for an alternative purpose. [510 ILCS 77/15(e)] Each request for a waiver shall contain a certification from a Licensed Professional Engineer or Licensed Professional Geologist, as relevant, that the grant of the waiver is at least as protective of the groundwater and surface water as the stated requirements. The Department shall notify the applicant in writing of its determination within 30 days after receipt of the request for a waiver. To grant the waiver, the Department must determine that the waiver is at least as protective as the stated requirements.

5. The owner or operator shall notify the Department prior to the commencement of closure activities to allow for an inspection by the Department during the closure process.

6. Upon completion of the lagoon closure activities as prescribed by the Department-approved closure plan, the owner or operator shall notify the Department. The Department shall conduct a site inspection and issue a written notification of closure completion or inform the owner or operator of any unresolved closure issues.

b) A lagoon is considered removed from service when:

1. The Department has ordered the lagoon removed from service under Section 900.720 of this Part;

2. A tribunal of competent jurisdiction has ordered the lagoon closed or ordered the owner or operator to cease operations;

3. The lagoon no longer receives livestock waste and the lagoon is not being serviced or maintained;

4. The owner fails to extend the term for which evidence of financial responsibility is shown as required in Section 900.702(b) of this Part; or

5. The owner or operator informs the Department in accordance with subsection (a)(1) of this Section that the lagoon has been removed from service.

8 Ill. Adm. Code 900.609 Odor Control

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) Every single-stage livestock waste lagoon constructed after June 1, 1998 shall comply with the following operational guidelines:

1. In operation, the lagoon must be maintained at not less than the minimum design volume.

2. The livestock waste supply to the lagoon must be below the minimum design volume level. [510 ILCS 77/25(b)]

c) Every livestock waste lagoon constructed or modified after June 1, 1998 shall be initially charged with water to at least 60% of the minimum design volume prior to the initial addition of waste.

d) 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)]

8 Ill. Adm. Code 900.610 Ownership Transfer

Upon a change in ownership of a registered livestock waste lagoon, the new owner shall notify, in writing, the Department of the change within 30 working days after the closing of the transaction. [510 ILCS 77/15(e)]

8 Ill. Adm. Code 900.611 Monitoring Well Sampling, Analysis and Reporting Procedures

a) For lagoons required to install monitoring wells pursuant to 35 Ill. Adm. Code 506, the requirements of this Section shall be met.

b) Prior to placing the lagoon in service, water level measurements shall be made at each monitoring well to establish the local groundwater gradient at the lagoon site.

c) The owner or operator shall sample each monitoring well at least once prior to placing the lagoon in service and as least quarterly thereafter. Water table level elevation measurement shall be taken at each sampling event. The samples shall be collected and analyzed consistent with the methods specified in Section 900.104(a)(1) and (a)(5) of this Part for each of the following:

1. Nitrate-nitrogen;

2. Phosphate-phosporpus;

3. Chloride;

4. Sulfate;

5. Ammonia-nitrogen;

6. Escherichia coli or fecal coliform; and

7. Fecal Streptococcus.

d) The Department may collect and analyze samples or split samples from monitoring wells installed pursuant to this Section at the Department's discretion. The Department shall provide notice to the owner or operator of the livestock waste lagoon of such activity and shall comply with reasonable animal health protection procedures as requested by the owner or operator. [510 ILCS 77/15(b)]

e) Analytical results as determined in subsection (c) of this Section shall be submitted to the Department within 30 days after sample collection and shall include a discussion relative to the significance of the results. Such discussion of significance shall include:

1. A comparison of the results to the initial sampling made prior to the lagoon being placed in service; and

2. A description of any proposed response action necessary to mitigate potential impacts to groundwater.

f) The Department shall review the submittal provided pursuant to subsection (e) of this Section, evaluate the proposed response action, and provide a time frame for the correction of any identified deficiencies. As a result of the evaluation, the Department may approve or modify the monitoring program or response action including, but not limited to, the following:

1. Increase or decrease the monitoring well sampling frequency;

2. Add or delete items from the list of sample analytes; or

3. require changes to the design, construction or operation of the lagoon or changes in the operation of the livestock management facility which shall be implemented by the owner or operator within the time frame established by the Department.

g) The owner or operator of the livestock waste handling facility may, upon written request and with written approval from the Department, modify or exceed these standards in order to meet site specific objectives. The owner or operator shall demonstrate that such modification shall be at least as protective of the groundwater, surface water, and the structural integrity of the livestock waste handling facility as the requirements of this Part.

8 Ill. Adm. Code 900.701 Scope, Applicability, and Definitions

a) This Subpart provides procedures by which the owner of a new or modified livestock waste lagoon registered under the Livestock Management Facilities Act provides evidence of financial responsibility satisfying the requirements of Section 17 of the Livestock Management Facilities Act.

b) Owners of lagoons must comply with the financial responsibility requirements of this Part either:

1. on or before June 1, 1999; or

2. before the lagoon is placed in service.

c) For the purposes of this Subpart, the following terms have the following meanings:

1. "Audited financial statement" means financial statements, including a balance sheet and notes to financial statements, prepared in conformity with generally accepted accounting principles following an examination conducted in accordance with generally accepted auditing standards that has attached the unqualified opinion of an independent certified public accountant licensed under Illinois law or an entity permitted to engage in the practice of public accounting under subsection (b)(3) of Section 14 of the Illinois Public Accounting Act [225 ILCS 450/14].

2. "Financial institution" means:

A) An insurer providing commercial or private insurance to evidence financial responsibility for lagoon closure in accordance with Section 900.709 of this Part;

B) A guarantor providing a guarantee as evidence of financial responsibility for lagoon closure in accordance with Section 900.710 of this Part;

C) The issuer of a surety bond as evidence of financial responsibility for lagoon closure in accordance with Section 900.711 of this Part;

D) The issuer of a letter of credit as evidence of financial responsibility for lagoon closure in accordance with Section 900.712 of this Part; or

E) The livestock waste lagoon closure fund managed by the Illinois Farm Development Authority that evidences financial responsibility for lagoon closure in accordance with Section 900.714 of this Part.

3. "Guarantor" means a person who assumes all or part of the obligations of a lagoon owner for closure of a lagoon in accordance with Section 900.710 of this Part. For purposes of this definition, the owner of the lagoon may be the guarantor provided adequate resources exist to guarantee the closure costs in accordance with Section 900.710 of this Part.

4. "Level of surety" means the level, calculated in accordance with Section 900.703 of this Part, at which evidence of financial responsibility must be provided.

5. "Surety instrument" means any of the devices listed in Section 900.702 of this Part by which a lagoon owner evidences financial responsibility for lagoon closure. Unless the context requires otherwise, "surety instrument" includes a combination of surety instruments.

8 Ill. Adm. Code 900.702 Mechanisms for Providing Evidence of Financial Responsibility

a) Financial responsibility may be evidenced by any combination of the following:

1. Commercial or private insurance;

2. Guarantee;

3. Surety bond;

4. Letter of credit;

5. Certificate of deposit or designated savings account; or

6. Participation in a livestock waste lagoon closure fund managed by the Illinois Farm Development Authority. [510 ILCS 77/17]

b) The lagoon owner must provide continuous coverage from the time the lagoon is placed in service until such time as the owner is released from the financial responsibility requirements pursuant to Section 900.705(a) of this Part. The initial term of any surety instrument (other than a certificate of deposit or designated savings account) utilized to fulfill the requirements of this Part must be at least three years. At least two years prior to the expiration date of such instrument, the owner must provide the Department with proof that the term of coverage has been extended for at least one additional year.

c) Upon a change in the ownership of a livestock management facility or livestock waste handling facility involving a lagoon that is subject to the financial responsibility requirements of this Subpart, the new owner must establish and maintain evidence of financial responsibility at a level not less than the level required pursuant to this Subpart.

d) The lagoon owner must ensure that the terms and conditions of the surety instruments listed in subsection (a) of this Section upon which the owner relies are legally valid, binding, and enforceable under State and federal law.

8 Ill. Adm. Code 900.703 Level of Surety

a) The level of surety is determined by the following formula:

Level of Surety = (V x CF) + EC

where:

V

=

Volume of the lagoon as constructed or modified, in cubic feet, including the freeboard volume

CF

=

Cost factor determined pursuant to subsection (b) of this Section

EC

=

Engineering contingency determined under subsection (c) of this Section

b) The cost factor is obtained from the following:

1. Through December 31, 2002, the cost factor is 10 cents per cubic foot of lagoon volume.

2. On and after January 1, 2003 through December 31, 2007, the cost factor is 12 cents per cubic foot of lagoon volume.

3. On and after January 1, 2008, the cost factor is 15 cents per cubic foot of lagoon volume.

c) The engineering contingency is equal to 10% of (V x CF).

8 Ill. Adm. Code 900.704 Upgrading Surety Instrument

a) The owner of a lagoon must increase the total amount of surety in place so as to equal the level of surety as calculated within 90 days after:

1. a modification resulting in an increase in the volume of the lagoon; or

2. an increase in the cost factor under Section 900.703(b) of this Part.

b) If modification of a lagoon results in a decrease in volumetric capacity, the owner or operator may provide the Department with documentation of the reduction in volumetric capacity and request a recalculation of the level of surety. Within 90 days after a request by the owner or operator under this subsection (b), the Department must either:

1. release any surety amount above the level of surety as recalculated based upon the owner's documentation of reduction of volumetric capacity; or

2. conduct an inspection and determine the amount by which volumetric capacity has been decreased.

c) If the Department conducts an inspection under subsection (b), then the Department must release any surety amount above the level of surety as recalculated based upon the results of the inspection.

8 Ill. Adm. Code 900.705 Release of Lagoon Owner and Financial Institution

a) The Department must release a lagoon owner from the requirements of this Subpart when:

1. The lagoon has been properly closed and a notification of closure completion pursuant to Section 900.608 of this Part has been issued to the lagoon owner by the Department; or

2. A waiver has been granted by the Department to the lagoon owner allowing the lagoon to be used for an alternative purpose; or

3. Title of the property containing the lagoon has been transferred to a new owner and the new owner has posted financial assurance as required under Section 900.702(c) of this Part.

b) The Department must release a financial institution when:

1. A lagoon owner offers an authorized alternative surety that meets the requirements of Section 900.707(c) of this Part; or

2. The Department releases the lagoon owner from the requirements of this Subpart under subsection (a) of this Section.

c) The Department must notify the lagoon owner and financial institution in writing within 60 days after a release under this Section. If a release is based upon proper closure of a lagoon, notification under this subsection (c) should occur at the same time as notice of proper closure under Section 900.608(a)(5).

8 Ill. Adm. Code 900.706 Financial Responsibility Proceeds

a) A financial institution issuing a surety instrument evidencing financial responsibility for closure of a livestock waste lagoon becomes liable on the surety instrument when a lagoon is removed from service and:

1. The owner fails to submit the lagoon closure plan required by Section 900.608 of this Part and:

A) cannot be found; or

B) fails to cure such failure within 30 days after notice from the Department;

2. The owner fails to obtain Department approval of a lagoon closure plan within eight months after the date that the lagoon is removed from service, unless the lagoon is maintained or serviced; or

3. The owner fails to comply with an approved lagoon closure plan and:

A) cannot be found; or

B) fails to cure such noncompliance within 30 days after notice from the Department.

b) The Department must provide notice to the financial institution providing surety for the lagoon:

1. when it determines that the lagoon has been removed from service; and

2. when it determines that one of the criteria for liability set forth in subsection (a) of this Section has been met.

c) Within 30 days after notice of liability from the Department, the financial institution must either assume liability for closure of the lagoon and notify the Department of its election to assume liability, or deposit the amount for which it is liable in connection with the lagoon into an account from which the Department is authorized to disburse funds for the purpose of closing the lagoon.

1. If the financial institution assumes liability for closure of the lagoon, it must submit a lagoon closure plan that meets the requirements of Section 900.608 of this Part within 60 days after notifying the Department of its election. Notwithstanding the financial institution's assumption of liability for closure of the lagoon, the Department may require the financial institution to deposit funds up to the amount for which the financial institution is liable under the surety instrument into an account from which the Department is authorized to disburse funds for the purpose of closing the lagoon if:

A) The financial institution does not submit the lagoon closure plan as required and fails to cure such omission within 30 days after notice from the Department;

B) The financial institution fails to obtain Department approval of a lagoon closure plan within eight months after the date that it elects to assume liability for closure of the lagoon, unless the lagoon is maintained or serviced; or

C) The financial institution fails to comply with an approved lagoon closure plan and fails to cure such noncompliance within 30 days after notice from the Department.

2. A financial institution that assumes liability for closure of a lagoon under this Section remains liable for the full amount of the surety instrument until the Department issues written notification of completion of closure in accordance with Section 900.608 of this Part, notwithstanding the expiration of the instrument utilized to evidence financial responsibility by the owner.

3. Any amounts that a financial institution may expend for service or maintenance of the lagoon pending closure or partial closure of the lagoon do not reduce the amount of the financial institution's obligation under this subsection (c).

4. If the financial institution elects, or is required under subsection (c)(1) of this Section, to deposit the funds required by the Department into an account from which the Department is authorized to disburse funds for the purpose of closing the lagoon, then the Department shall close the lagoon within the time frame established under Section 15(e) of the Livestock Management Facilities Act [510 ILCS 77/15(e)] or as soon as practicable, to the extent possible utilizing the funds deposited by the financial institution. The Department may use any interest earned on deposited funds to close the lagoon. The Department must release any funds remaining in the account, including any remaining interest earned on funds in the account, to the financial institution upon completion of closure.

d) The Department may sue in any court of competent jurisdiction to enforce its rights under any surety instrument.

8 Ill. Adm. Code 900.707 Use of Multiple Surety Instruments

a) The lagoon owner may use any combination of the surety instruments listed in Section 17 of the Livestock Management Facilities Act [510 ILCS 77/17] and this Subpart to evidence the required level of financial responsibility.

b) A lagoon owner is not limited to maintaining financial responsibility with the original surety instrument or combination of instruments. The owner must notify the Department before making any change in surety instruments.

c) If a lagoon owner makes any change in surety instruments, the lagoon owner must maintain the total financial responsibility for the lagoon at a level not less (without counting the amounts to be released) than the level of surety.

d) A replacement surety instrument or instruments must provide evidence of financial responsibility for a period at least equal to the existing instrument or instruments. This provision does not relieve an owner of the obligation under Section 900.702(b) of this Part to provide proof at least two years prior to expiration of a surety instrument that the term for which financial responsibility has been demonstrated has been extended for at least an additional year.

8 Ill. Adm. Code 900.708 Use of a Single Surety Instrument for Multiple Lagoons

a) An owner may use a surety instrument specified in this Subpart to provide evidence of financial responsibility for more than one lagoon.

b) Whenever a single surety instrument is used for multiple lagoons, the owner must submit an itemization to the Department identifying all lagoons covered by the surety instrument and the amount allocated to each lagoon.

c) The amount of funds available through the surety instrument must be no less than the sum of funds that would be available if a separate surety instrument had been established and maintained for each lagoon.

d) In directing funds available through a single surety instrument for the closure of any single lagoon covered by that surety instrument, the Department shall direct only the amount of funds designated for that lagoon, unless the owner agrees to allow the Department to use additional funds available under that surety instrument. Such an agreement does not affect the owner's obligation to provide evidence of financial responsibility up to the level of surety for all other lagoons.

8 Ill. Adm. Code 900.709 Commercial or Private Insurance

a) A lagoon owner may provide evidence of financial responsibility for closure of a livestock waste lagoon by obtaining closure insurance that conforms to the requirements of this Subpart and submitting an executed duplicate original of such insurance policy to the Department.

b) The insurer must be licensed to transact the business of insurance by the Illinois Department of Insurance pursuant to the Illinois Insurance Code [215 ILCS 5].

c) The policy must be on forms approved by the Illinois Department of Insurance.

d) The closure insurance policy must guarantee that funds will be available to close the lagoon. The policy must also guarantee that, upon a notice of liability from the Department, the insurer will be responsible for paying out funds, up to an amount equal to the face amount of the policy, in accordance with Section 900.706(c) of this Part.

e) The policy must provide that the insurer may not cancel or terminate the policy.

8 Ill. Adm. Code 900.710 Guarantee

a) A lagoon owner may provide evidence of financial responsibility for closure of a livestock waste lagoon by obtaining a guarantee that conforms to the requirements of this Subpart.

b) When a guarantee is initially established for a facility, a guarantor shall submit a financial statement to the Department from the guarantor's most recent fiscal year. Thereafter on an annual basis, the guarantor shall submit a financial statement to the Department within 90 days after the close of the guarantor's fiscal year.

c) The financial statement required pursuant to subsection (b) of this Section shall be provided to the Department in one of the following formats:

1. An audited financial statement; or

2. On a form provided by the Department, prepared by an accountant not employed by or possessing a financial interest in the livestock facility, and notarized.

d) The Department will review the financial statement submitted pursuant to subsection (c) of this Section, determine if adequate resources exist to guarantee the closure costs, and notify the lagoon owner of acceptance or denial within 30 days after receipt of the financial statement by the Department. The Department shall determine that adequate resources exist to guarantee the closure costs when an equity to level of surety ratio of 1.5 or greater is demonstrated through the financial statement.

e) The guarantor shall guarantee to pay the amount specified in the guarantee upon notice from the Department as provided in Section 900.706(c) of this Part.

8 Ill. Adm. Code 900.711 Surety Bond

a) A lagoon owner may provide evidence of financial responsibility for closure of a livestock waste lagoon by obtaining a surety bond that conforms to the requirements of this Subpart and submitting the bond to the Department.

b) The surety company issuing the bond must be licensed by the Illinois Department of Insurance pursuant to the Illinois Insurance Code [215 ILCS 5] and approved by the U.S. Department of the Treasury as an acceptable surety. Acceptable sureties are listed in Circular 570 from the U.S. Department of the Treasury.

c) The bond must guarantee that the lagoon owner will provide lagoon closure and content removal in accordance with Section 900.608 of this Part.

d) The surety bond must be in substantially the form specified in Appendix A, Illustration A of this Part.

8 Ill. Adm. Code 900.712 Letter of Credit

a) A lagoon owner may provide evidence of financial responsibility for closure of a livestock waste lagoon by obtaining an irrevocable standby letter of credit that conforms to the requirements of this Subpart and submitting the letter to the Department.

b) The issuing institution must be an entity that has the authority to issue letters of credit and:

1. whose letter of credit operations are regulated by the Illinois Commissioner of Banks and Real Estate; or

2. whose deposits are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.

c) The letter of credit made out to the Department must be accompanied by a letter from the lagoon owner referring to the letter of credit by number, issuing institution, and date and providing the following information: name and address of the lagoon site and the amount of funds assured for closure of the lagoon by the letter of credit.

d) The letter of credit must be substantially in the form specified in Appendix A, Illustration B of this Part.

8 Ill. Adm. Code 900.713 Certificate of Deposit or Designated Savings Account

a) A lagoon owner may provide evidence of financial responsibility for closure of a livestock waste lagoon by designating certificates of deposit or savings accounts for use as financial responsibility.

b) The issuing or depository financial institution must be an entity whose deposits are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation.

c) The Department may draw on the certificates of deposit or savings accounts to pay the costs of closing a lagoon in accordance with this subsection. The Department shall close a lagoon when the lagoon is removed from service and:

1. The owner fails to submit the lagoon closure plan required by Section 900.608 of this Part and:

A) cannot be found; or

B) fails to cure such failure within 30 days after notice from the Department;

2. The owner fails to obtain Department approval of a lagoon closure plan within eight months after the date that the lagoon is removed from service, unless the lagoon is maintained or serviced; or

3. The owner fails to comply with an approved lagoon closure plan and:

A) cannot be found; or

B) fails to cure such noncompliance within 30 days after notice from the Department.

d) The Director of the Department shall be listed as trustee of the certificates of deposit or savings accounts for the lagoon owner.

e) At maturity of any certificate of deposit designated as financial responsibility for lagoon closure, the certificate shall be renewed or the proceeds deposited into a designated savings account that meets the requirements of this Section.

f) The Department shall relinquish trusteeship of the certificates of deposit or savings accounts when:

1. The lagoon has been properly closed and a notification of closure completeness pursuant to Section 900.608 of this Part has been issued to the lagoon owner by the Department;

2. A waiver has been granted by the Department to the lagoon owner allowing the lagoon to be used for an alternative purpose pursuant to Section 900.608 of this Part;

3. Title of the property containing the lagoon has been transferred to a new owner and the new owner has posted financial assurance as required under Section 900.702(c) of this Part; or

4. A lagoon owner offers an authorized alternative surety which meets the requirements of Section 900.707(c) of this Part.

8 Ill. Adm. Code 900.714 Participation in a Livestock Waste Lagoon Closure Fund

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.

c) The lagoon closure fund must maintain minimum reserves equal to the greater of:

1. the level of surety of the largest lagoon covered by the lagoon closure fund; or

2. twice the average level of surety of lagoons covered by the fund.

d) The lagoon closure fund must guarantee that funds will be available to close the lagoon. Upon a notice of liability from the Department, the lagoon closure fund must comply with the requirements of Section 900.706(c) of this Part.

e) If the reserves of the lagoon closure fund are reduced to less than the minimum amount required under subsection (b) due to expenditures of funds in order to comply with Section 900.706(c), then within 120 days after such reduction the lagoon closure fund must demonstrate to the Department that the minimum reserve level has been restored.

f) The lagoon closure fund may not cancel or terminate coverage prior to the date set forth in the certification pursuant to subsection (b)(3) of this Section.

8 Ill. Adm. Code 900.720 Penalties

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.

8 Ill. Adm. Code 900.801 Purpose

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)]

8 Ill. Adm. Code 900.802 Scope and Applicability

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)]

d) The livestock management facility owner or operator at a facility of 5,000 or greater animal units shall prepare, maintain, implement, and submit to the Department the waste management plan for approval [510 ILCS 77/20(d)] and comply with the following:

1. For facilities which commence operations after January 1, 2001, the owner or operator shall submit a waste management plan to the Department. The facility shall not commence operation before the Department approves the plan;

2. For existing facilities that reach or exceed 5,000 animal units through expansion, the owner or operator shall submit for approval by the Department a waste management plan within 60 working days after reaching or exceeding 5,000 animal units; and

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.

e) The owner or operator of multiple livestock management facilities under common facility ownership where the cumulative animal units of the facilities are equal to or greater than the animal unit numbers provided for in subsection (c) of this Section shall prepare and keep on file at each facility a waste management plan in accordance with the requirements of subsection (c) of this Section. The owner or operator of multiple livestock management facilities that are under common facility ownership where the cumulative animal units of the facilities are equal to or greater than the animal unit numbers provided for in subsection (d) of this section shall prepare and file with the Department a waste management plan in accordance with the provisions of subsection (d) of this Section. Cumulative animal units shall be determined by combining the animal units of multiple livestock management facilities under the common facility ownership based upon the maximum design capacity of each facility. For the purposes of this subsection, "under common facility ownership" means the same person or persons own, directly or indirectly, through majority owned business entities at least 51% of any person or persons (as defined by Section 10.55 of the Livestock Management Facilities Act [510 ILCS 77/10.55]) that own or operate the livestock management facility or livestock waste handling facility located in the State of Illinois. [510 ILCS 77/20(d-5)] A separate waste management plan shall be developed for each livestock waste handling facility.

f) Waste management plans prepared pursuant to the emergency amendment adopted in R97-14 at 20 Ill. Reg. 14903, effective October 31, 1996, the emergency rules adopted in R97-14 at 21 Ill. Reg. 4313, effective March 31, 1997, and the rules adopted in R97-15(A) at 21 Ill. Reg. 6851, effective May 20, 1997 shall be revised as follows:

1. The owner or operator of an existing facility of 1,000 or greater animal units but less than 5,000 animal units shall prepare a new or revised waste management plan that complies with the requirements of this Part and submit a waste management plan certification form to the Department pursuant to Section 900.802(c)(2) of this Subpart within 60 days after January 1, 2001.

2. The owner or operator of an existing facility of 5,000 or greater animal units shall prepare a new or revised waste management plan that complies with the requirements of this Part for submittal to and review by the Department within 60 days after January 1, 2001.

g) For the purposes of this Subpart, the number of animal units served by a livestock waste handling facility shall be determined as the maximum design capacity of the livestock management facility which is being served by the livestock waste handling facility.

8 Ill. Adm. Code 900.803 Waste Management Plan Contents

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;

n) A listing of fields and the planned livestock waste application amounts for each field;

o) A provision that livestock waste applied within ¼ mile of any residence not part of the facility shall be injected or incorporated on the day of application. However, livestock management facilities and livestock waste handling facilities that have irrigation systems in operation prior to May 21, 1996, or existing facilities applying waste on frozen ground, are not subject to the provisions of this subsection (o) [510 ILCS 77/20(f)(5)];

p) A provision that livestock waste may not be applied within 200 feet of surface water unless the water is upgrade or there is adequate diking and waste will not be applied within 150 feet of potable water supply wells [510 ILCS 77/20(f)(6)];

q) A provision that livestock waste may not be applied in a 10-year flood plain unless the injection or incorporation method of application is used [510 ILCS 77/20(f)(7)];

r) A provision that livestock waste may not be applied in waterways. [510 ILCS 77/20(f)(8)] For the purposes of this Part, a grassed area serving as a waterway may receive livestock waste through an irrigation system if there is no runoff, the distance from applied livestock waste to surface water is greater than 200 feet, the distance from applied livestock waste to potable water supply wells is greater than 150 feet; the distance from applied livestock waste to a non-potable well, an abandoned or plugged well, a drainage well, or an injection well is greater than 100 feet; and precipitation is not expected within 24 hours;

s) A provision that if waste is spread on frozen or snow-covered land, the application will be limited to land areas on which:

1. land slopes are 5% or less; or

2. adequate erosion control practices exist [510 ILCS 77/20(f)(9)];

t) For livestock facilities utilizing an earthen lagoon or other earthen waste storage structure, a provision that the owner, operator, or certified livestock manager shall inspect all bermtops, exterior berm sides, and non-submerged interior berm sides for evidence of erosion, burrowing animal activity, and other indications of berm degradation on a frequency of not less than once every two weeks; and

u) A provision that livestock waste may not be applied during a rainfall or to saturated soil and that conservative waste loading rates will be used in the case of a high water table or shallow earth cover to fractured bedrock. Caution should be exercised in applying livestock wastes, particularly on porous soils, so as not to cause nitrate or bacteria contamination of groundwaters.

8 Ill. Adm. Code 900.804 Livestock Waste Volumes

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.

8 Ill. Adm. Code 900.805 Nutrient Value of Livestock Waste

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.

8 Ill. Adm. Code 900.806 Adjustments to Nitrogen Availability

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.

8 Ill. Adm. Code 900.807 Targeted Crop Yield Goal

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.

b) Soils based yield data from the Natural Resources Conservation Service of the United States Department of Agriculture shall be used if the owner or operator cannot obtain a targeted crop yield goal pursuant to subsection (a) of this Section. A soil map of the application areas shall be included in the plan. The targeted crop yield goal shall be determined by a weighted average of the soil interpretation yield estimates for the areas that will receive livestock waste.

c) Nitrogen and phosphorus fertilization rates for the targeted crop yield goal may be obtained from the Illinois Agronomy Handbook, or 35 Ill. Adm. Code 560, Appendix A.

8 Ill. Adm. Code 900.808 Nitrogen Credits

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.

8 Ill. Adm. Code 900.809 Records of Waste Disposal

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.

8 Ill. Adm. Code 900.810 Approval of Waste Management Plans

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.

b) The owner or operator of the livestock management facility shall be notified by the Department within 30 working days after receipt of the livestock waste management plan that the plan has been approved or that further information or changes are needed. The owner or operator shall provide the information or changes within 30 working days.

8 Ill. Adm. Code 900.811 Sludge Removal

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.

8 Ill. Adm. Code 900.812 Soil Phosphorus Testing

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.

8 Ill. Adm. Code 900.813 Phosphorus Based Application

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.

8 Ill. Adm. Code 900.814 Plan Updates

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.

8 Ill. Adm. Code 900.815 Penalties

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)]

b) Any person who is required to maintain and implement 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 maintain and implement a waste management plan.

2. For failure to maintain and implement a waste management plan within 30 working days pursuant to subsection (b)(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 maintain and implement a waste management plan within 30 working days.

3. For failure to maintain and implement a waste management plan after the second 30 day period or for failure to enter into a compliance agreement pursuant to subsection (b)(2) of this Section, the Department may issue an operational cease and desist order until compliance is attained.

c) The operational cease and desist order procedures may be suspended by the Department upon submittal of a waste management plan by the owner or operator to the Department. The cease and desist order shall be canceled by the Department upon approval of the waste management plan by the Department.

d) A waste management plan prepared as a result of a warning letter or compliance agreement shall be subject to approval by the Department.

e) Penalties shall not be imposed for excessive nitrogen application for unplanned cropping changes due to weather or other unforeseeable circumstances.

8 Ill. Adm. Code 900.816 Odor Control

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)]

8 Ill. Adm. Code 900.901 Applicability

a) A livestock waste handling facility serving 300 or greater animal units shall be operated only under the supervision of a certified livestock manager. Notwithstanding this requirement, a livestock waste handling facility may be operated on an interim basis, but not to exceed 6 months, to allow for the owner or operator of the facility to become certified. [510 ILCS 77/30(a)] For the purposes of this Subpart, being operated under the supervision of a certified livestock manager shall mean that the certified livestock manager shall be immediately available to the workers at a livestock waste handling facility either in person or via telecommunications and shall have the ability to be physically present at the livestock waste handling facility within one hour after notification.

b) Persons may become certified livestock managers by demonstrating an understanding of and competence for the operation of livestock waste handling facilities as established in Section 30 of the Livestock Management Facilities Act [510 ILCS 77/30] and further described in this Subpart. Livestock managers shall establish or re-establish certification when required to do so in accordance with Section 30 of the Livestock Management Facilities Act.

c) A livestock manager certified pursuant to the emergency amendment adopted in R97-14 at 20 Ill. Reg. 14903, effective October 31, 1996 and the emergency rules adopted in R97-14 at 21 Ill. Reg. 4313, effective March 31, 1997, shall be considered as certified pursuant to this Subpart.

d) For the purposes of this Subpart, the number of animal units served by a livestock waste handling facility is the maximum design capacity of the livestock management facility which is being served by the livestock waste handling facility.

e) Any certification shall be valid for 3 years and thereafter subject to renewal. A renewal shall be valid for a 3 year period and the procedures set forth in Section 30 of the Livestock Management Facilities Act shall be followed. The Department may require anyone who is certified to be recertified in less than 3 years for just cause including but not limited to repeated complaints where investigations reveal the need to improve management practices. [510 ILCS 77/30(c)] Examples include, but are not limited to, lagoon maintenance violations, improper waste handling practices, waste management plan violations, other violations of the Livestock Management Facilities Act or rules promulgated thereunder, or violations of other Acts related to livestock management practices including the Dead Animal Disposal Act [225 ILCS 610].

f) The following methods shall be utilized by an owner or operator to become certified:

1. The owner or operator of a livestock waste handling facility serving 300 or greater animal units but less than 1,000 animal units shall become a certified livestock manager by:

A) Attending a training session conducted by the Department, Cooperative Extension Service, or any agriculture association that has been approved by or is in cooperation with the Department; or

B) In lieu of attendance at a training session, successfully completing a written competency examination.

2. The owner or operator of a livestock waste handling facility serving 1,000 or greater animal units shall become a certified livestock manager by attending a training session conducted by the Department, Cooperative Extension Service, or any agriculture association that has been approved by or is in cooperation with the Department; and successfully completing a written competency examination. [510 ILCS 77/ 30(d)]

g) The Department shall charge $10 for the issuance or renewal of a certified livestock manager certificate. [510 ILCS 77/30(f)]

h) For violations pertaining to the certified livestock manager requirements, the owner or operator shall be issued a warning letter for the first violation and shall be required to have a certified manager for the livestock waste handling facility within 30 working days. For failure to comply with the warning letter within the 30 day period, 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 to have a certified manager for the livestock waste handling facility within 30 working days. For continued failure to comply, the Department may issue an operational cease and desist order until compliance is attained. [510 ILCS 77/30(g)] The cease and desist order shall be canceled by the Department upon presentation to the Department of a valid certified livestock manager certificate issued in the name of the owner, operator, or current employee of the livestock facility.

8 Ill. Adm. Code 900.APPENDIX A Surety Instruments

Section 900.ILLUSTRATION A Surety Bond

SURETY BOND

Date bond executed:

Effective date:

Principal:

Type of organization:

State of incorporation:

Surety

Sites:

Name:

Address:

City:

Amount guaranteed by this bond:

$

Name:

Address:

City:

Amount guaranteed by this bond:

$

Please attach a separate page if more space is needed for all sites.

Total penal sum of bond

$

Surety's bond number:

The Principal and the Surety promise to pay the Illinois Department of Agriculture ("Department") the above penal sum unless the Principal provides closure for each site in accordance with 510 ILCS 77/15(e) and 35 Ill. Adm. Code 900.608. To the payment of this obligation the Principal and Surety jointly and severally bind themselves, their heirs, executors, administrators, successors and assigns.

Whereas the Principal is required, under Section 15(b) of the Livestock Management Facilities Act ("LMFA") to register at least one livestock waste lagoon with the Department; and

Whereas the Principal is required, under Section 17 of the LMFA to evidence financial responsibility for closure of each registered lagoon; and

Whereas the Surety is licensed by the Illinois Department of Insurance; and

Whereas the Principal and Surety agree that this bond shall be governed by the laws of the State of Illinois; The Surety shall pay the penal sum to the Department if, during the term of the bond, the Department issues a notice of liability to the Surety.

The Surety shall pay the penal sum of the bond to the Department within 30 days after the Department mails the notice of liability to the Surety unless the Surety assumes responsibility to provide closure and so notifies the Department. Payment shall be made by deposit of funds into a designated account upon which the Department is authorized to draw.

The liability of the Surety shall not be discharged by any payment or succession of payments unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond. In no event shall the obligation of the Surety exceed the amount of the penal sum. If the Surety assumes responsibility to provide closure, expenditures made by the Surety for that purpose may exceed the amount of the penal sum, but the amount of the Surety's obligation under this bond is not affected.

This bond shall expire on the

day of

,

.

The Principal may terminate this bond by sending written notice to the Surety; provided, however, that no such notice shall become effective until the Surety receives written authorization for termination of the bond from the Department.

In Witness Whereof, the Principal and Surety have executed this Surety Bond and have affixed their seals on the date set forth above. The persons whose signatures appear below certify that they are authorized to execute this surety bond on behalf of the Principal and Surety.

PRINCIPAL

Signature Name

Typed Name

Address

Title

State of Incorporation

Date

Corporate seal

CORPORATE SURETY

Signature

Typed Name

Title

Corporate seal

Bond premium:

$

8 Ill. Adm. Code 900.APPENDIX A Surety Instruments

Section 900.ILLUSTRATION B Irrevocable Standby Letter of Credit

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:

your sight draft, bearing reference to this letter of credit No. ________; and

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

Subchapter u General Rules

Part 955 Municipal Urban Agricultural Areas

8 Ill. Adm. Code 955.10 Purpose and General Definitions

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.

8 Ill. Adm. Code 955.20 Definition of Beginning Farmer

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.

2. In the case of a contract with an individual, individually or with the immediate family, "material and substantial participation" requires that the individual provide substantial day-to-day labor and management of the farm or ranch, consistent with the practices in the county where the farm is located.

3. In the case of a contract with an entity, all members must materially and substantially participate in the operation of the farm or ranch. Material and substantial participation requires that each of the members provide some amount of the management, or labor and management, necessary for day-to-day activities, such that, if each of the members did not provide these inputs, operation of the farm or ranch would be seriously impaired.

Chapter I Department of Agriculture

Subchapter u General Rules

Part 955 Municipal Urban Agricultural Areas

8 Ill. Adm. Code 955.30 Definition of Small- or Medium-Sized Farmer

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.

8 Ill. Adm. Code 955.40 Definition of Limited Resource Farmer

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.

2. An entity or joint operation can be a limited resource famer if all individual members independently qualify.

3. The Secretary maintains an online tool that allow users to determine whether they meet the qualifications to be a limited resource farmer (https://lrftool.sc.egov.usda.gov/LRP_Definition.aspx).

8 Ill. Adm. Code 955.50 Definition of Socially-Disadvantaged Farmer

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.

2. A socially disadvantaged farmer may be an individual or entity who is a member of a socially disadvantaged group. For an entity, at least 50% ownership in the farm business must be held by socially-disadvantaged individuals.

8 Ill. Adm. Code 955.60 Advisory Opinions from the Department

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].

8 Ill. Adm. Code 1000.10 Definitions and Incorporations

Definitions for this Part can be located in Section 10 of the Compassionate Use of Medical Cannabis Pilot Program Act [410 ILCS 130/10]. The following definitions shall also apply to this Part:

"Act" means the Compassionate Use of Medical Cannabis Pilot Program Act [410 ILCS 130].

"Adequate supply" means 2.5 ounces of usable cannabis during a period of 14 days and that is derived solely from an intrastate source. The pre-mixed weight of medical cannabis used in making a cannabis-infused product shall apply toward the limit on the total amount of medical cannabis a registered qualifying patient may possess at any one time. [410 ILCS 130/10(a)]

"Alterations" means permanent changes in activities or processes at a cultivation center, or changes in production, handling or storage of the product mix, that do not modify the efficiency of facility structures or systems.

"Applicant" means any corporation, limited liability company, association or partnership, limited liability partnership, or one or more individuals, principal officers, agency, business trust, estate, trust, or any other legal entity that is applying with the Illinois Department of Agriculture for a cultivation center permit under the Act.

"Area zoned for residential use" means an area zoned exclusively for residential use; provided that, in municipalities with a population over 2,000,000 people, "an area zoned for residential use" means an area zoned as a residential district or a residential planned development.

"Batch" means the established segregation of a group of plants at the time of planting for the control of quantity, traceability and/or strain. A batch number will be assigned at the time of planting for a specified number of plants. When plants reach 18 inches in height, a specific number will be assigned for each plant within that batch. The batch number will remain with the segregated plants through harvest to final packaging. The batch number will be included on the label of the package distributed for the end user.

"Batch number" means a unique numeric or alphanumeric identifier assigned to a batch by a cultivation center when the batch is first planted. The batch number shall contain the facility number and a sequence to allow for inventory and traceability.

"Biosecurity" means a set of preventative measures designed to reduce the risk of transmission of infectious diseases in crops, quarantined pests, invasive alien species, and living modified organisms.

"Cannabis" means marijuana, hashish and other substances which are identified as including any parts of the plant Cannabis sativa and including any and all derivatives or subspecies, such as Indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. (Section 3 of the Cannabis Control Act)

"Cannabis concentrate" means a product derived from medical cannabis that is produced by extracting cannabinoids from the plant through the use of propylene glycol, glycerin, butter, olive oil or other typical cooking fats; water, ice or dry ice; or butane, propane, CO2, ethanol or isopropanol. The use of any other solvent is expressly prohibited unless and until it is approved by the Department.

"Cannabis plant monitoring system" means a system that includes, but is not limited to, testing and data collection established and maintained by the registered cultivation center and available to the Department for the purposes of documenting each cannabis plant and for monitoring plant development throughout the life cycle of a cannabis plant cultivated for the intended use by a qualifying patient from seed planting to final packaging. [410 ILCS 130/10(c)]

"Cannabis product" means a product containing medical cannabis either in a physical form or infused with an extracted resin.

"Cannabis waste" means any part of the plant that is not usable cannabis, or cannabis that cannot be processed as provided in Section 1000.510(d)(2).

"Child-resistant" means special packaging that is:

designed or constructed to be significantly difficult for children under five years of age to open and not difficult for normal adults to use properly as defined by 16 CFR 1700.20 (1995) and ASTM classification standard D3475-14, http://www.astm.org/Standards/D3475.htm. This incorporation by reference does not include any later amendments or editions. The Department maintains copies of the applicable federal regulation and ASTM classification standard, that are available to the public;

closable for any product intended for more than a single use or containing multiple servings; and

labeled properly as required by Section 1000.420.

"Clone" means a plant section from a female cannabis plant not yet root-bound, growing in a water solution or other propagation matrix, that is capable of developing into a new plant.

"Crop input" means any substance that is used by a producer for the production of medical cannabis. This may include pesticides as defined by the Illinois Pesticide Act or the American Association of Pesticide Control Officials, fertilizers as defined by the Illinois Commercial Fertilizer Act of 1961 or the American Association of Plant Food Officials, and soil amendments as defined by the Soil Amendment Act;

"Cultivation center" means a facility operated by an organization or business that is registered by the Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis. [410 ILCS 130/10(e)]

"Cultivation center agent" means a principal officer, board member, employee, or agent of a registered cultivation center who is 21 years of age or older and has not been convicted of an excluded offense. [410 ILCS 130/10(f)]

"Cultivation center agent-in-charge" or "agent-in-charge" means the cultivation center agent who has been designated by the cultivation center to have control and management over the day to day operations of the cultivation center. A cultivation center may designate more than one agent-in-charge to cover varying operational work shifts, but may only have one per work shift.

"Cultivation center agent identification card" means a document issued by the Department of Agriculture that identifies a person as a cultivation center agent. [410 ILCS 130/10(g)]

"Cultivation center agent-in-charge identification card" means a document issued by the Department of Agriculture that identifies a cultivation center agent as an agent-in-charge.

"DD214" means a certified DD214 Certificate of Separation or Release from Active Duty Member Copy 4 or State Director of Veterans' Affairs Copy 6; a certified DD214 Report of Separation from Active Duty 2; or equivalent certified document indicating character of service and dates of service. A DD214 can be certified by the State Department of Veterans' Affairs, county veterans' officials, and the federal Department of Veterans Affairs.

"Department" means the Illinois Department of Agriculture.

"DFPR" means the Illinois Department of Financial and Professional Regulation.

"DPH" means the Illinois Department of Public Health.

"Disqualifying conviction" means conviction of an excluded offense.

"Enclosed, locked facility" means a room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by a cultivation center's agents or a dispensing organization's agent working for the registered cultivation center or the registered dispensing organization to cultivate, store, and distribute cannabis for registered qualifying patients. [410 ILCS 130/10(k)]

"Excluded offense" means:

a violent crime defined in Section 3 of the Rights of Crime Victims and Witnesses Act or a substantially similar offense that was classified as a felony in the jurisdiction where the person was convicted; or

a violation of a state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted, except that the Department may waive this restriction if the person demonstrates to the Department's satisfaction that his or her conviction was for the possession, cultivation, transfer, or delivery of a reasonable amount of cannabis intended for medical use.

This exception does not apply if the conviction was under state law and involved a violation of an existing medical cannabis law. [410 ILCS 130/10(l)]

"Facility" shall refer to the permitted physical structures associated with the cultivation center.

"Financial interest" means any actual or future right to ownership, investment or compensation arrangement with another person, either directly or indirectly, through business, investment, spouse, parent or child, in a cultivation center. Financial interest does not include ownership of investment securities in a publicly-held corporation that is traded on a national securities exchange or over-the-counter market in the United States, provided the investment securities held by the person and the person's spouse, parent or child, in the aggregate, do not exceed one percent ownership in the cultivation center.

"Fingerprint-based criminal history records check" means a fingerprint-based criminal history records check conducted by the Department of State Police in accordance with the Uniform Conviction Information Act (UCIA) or 20 Ill. Adm. Code 1265.30 (Electronic Transmission of Fingerprint Requirements).

"Flower" means the gametophytic or reproductive state of cannabis in which the plant is in a light cycle intended to produce flowers, trichromes and cannabinoids characteristic of cannabis.

"Immature plant" means a nonflowering cannabis plant that has an established root structure.

"ISP" means the Illinois Department of State Police.

"Label" means a display of written, printed or graphic matter on the immediate container of any product containing cannabis;

"Laboratory" means an independent laboratory located in Illinois and approved by the Department to have custody and use of controlled substances for scientific and medical purposes and for purposes of instruction, research or analysis.

"Livescan" means an inkless electronic system designed to capture an individual's fingerprint images and demographic data (name, sex, race, date of birth, etc.) in a digitized format that can be transmitted to ISP for processing. The data is forwarded to the ISP Bureau of Identification (BOI) over a virtual private network (VPN) and then processed by ISP's Automated Fingerprint Identification System (AFIS). Once received at the BOI for processing, the inquiry may, as permitted by law, be forwarded to the Federal Bureau of Investigation (FBI) electronically for processing.

"Livescan vendor" means an entity licensed by the Department of Financial and Professional Regulation to provide commercial fingerprinting services under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

"Manufacturing" or "manufacture" means the process of converting harvested cannabis material into a finished product by manual labor and/or machinery designed to meet a specific need or customer expectation, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.

"Medical cannabis" means cannabis and its constituent cannabinoids, such as tetrahydrocannabinol (THC) and cannabidiol (CBD), used as an herbal remedy or therapy to treat disease or alleviate symptoms. Medical cannabis can be administered in a variety of ways, including, but not limited to: vaporizing or smoking dried buds; using concentrates; administering tinctures or tonics; applying topicals such as ointments or balms; or consuming medical cannabis infused products.

"Medical cannabis cultivation center registration" means a registration issued by the Department of Agriculture. [410 ILCS 130/10(m)]

"Medical cannabis container" means a sealed, traceable, food compliant, tamper resistant, tamper evident container, or package used for the purpose of containment of medical cannabis from a cultivation center to a dispensing organization. [410 ILCS 130/10(n)]

"Medical cannabis dispensing organization" or "dispensing organization" or "dispensary organization" or "dispensary" means a facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients. [410 ILCS 130/10(o)]

"Medical cannabis dispensing organization agent" or "dispensing organization agent" means a principal officer, board member, employee, or agent of a registered medical cannabis dispensing organization who is 21 years of age or older and has not been convicted of an excluded offense. [410 ILCS 130/10(p)]

"Medical cannabis-infused product" means food, oils, ointments, sodas, teas, capsules or other products containing usable cannabis that are not smoked. [410 ILCS 130/10(q)] Only the portion of any cannabis-infused product that is attributable to cannabis shall count toward the possession limits of the dispensary and the patient.

"Medical use" means the acquisition; administration; delivery; possession; transfer; transportation; or use of cannabis to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition. [410 ILCS 130/10(r)]

"Modification" means changes in structures, processes or activities at a cultivation center that will alter the efficiency of production structures, processing systems, and/or changes in capacity within the center.

"Monitoring" means the continuous and uninterrupted video surveillance of cultivation activities and oversight for potential suspicious actions. Monitoring through video surveillance includes the purpose of summoning a law enforcement officer to the premises during alarm conditions. The Department and ISP or law enforcement agencies designated by ISP shall have the ability to access a cultivation center's monitoring system in real-time via a secure web-based portal.

"Motor vehicle" means a self-propelled vehicle as defined in Section 1-146 of the Illinois Vehicle Code.

"Natural processing" or "naturally produced" means the preparation of the harvested cannabis without significantly changing its physical form.

"Operational and Management Practices Plan" means a narrative description of all practices that will be employed at the facility for the production of medical cannabis and medical cannabis-infused products. The plan shall include but is not limited to:

the types and quantities of medical cannabis products that will be produced at the facility;

the methods of planting (seed or clones), harvesting, drying and storage of medical cannabis;

the estimated quantity of waste material to be generated and plans for subsequent disposal;

the quantity and proposed method for disposal for all crop inputs utilized for plant production;

methods for training employees for the specific phases of production;

biosecurity measures to be implemented for plant production and edible infused product production;

planned response to discrepancies in accounting of product inventories;

sampling strategy and quality testing for labeling purposes;

procedures to follow for proper labeling; and

procedures to follow for handling mandatory and voluntary recalls of cannabis or cannabis-infused products.

"Permit" means a registration issued by the Department to a qualified applicant to operate a cultivation center.

"Permittee" means a qualified applicant who is issued a permit by the Department to operate a cultivation center.

"Person" includes, but is not limited to, a natural person, sole proprietorship, partnership, joint venture, limited liability partnership or company, corporation, association, agency, business, not-for-profit organization.

"Physician" means a doctor of medicine or doctor of osteopathy licensed under the Medical Practice Act of 1987 to practice medicine and who has a controlled substances license under Article III of the Illinois Controlled Substances Act. It does not include a licensed practitioner under any other Act, including but not limited to the Illinois Dental Practice Act. [410 ILCS 130/10(s)]

"Principal officer" includes a prospective cultivation center or cultivation center owner, president, vice president, secretary, treasurer, partner, officer, board member, shareholder or person involved in a profit sharing arrangement.

"Producer backer" means any person (including any legal entity) with a direct or indirect financial interest in the applicant.

"Production" or "produce" means the planting, preparation, cultivation, growing, harvesting, propagation, compounding, conversion, natural processing or manufacturing of cannabis, and includes any packaging or repackaging of the substance, or labeling or relabeling of its container.

"Qualified applicant" means an applicant for a cultivation center permit who receives at least the minimum required score in each category required by the application.

"Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition. [410 ILCS 130/10(t)]

"Registered" means licensed, permitted, or otherwise certified by the Department of Agriculture under the Act. [410 ILCS 130/10(u)]

"Restricted access area" means a building, room or other contiguous area upon the permitted premises where cannabis is grown, cultivated, harvested, stored, weighed, packaged, sold or processed for sale, under control of the permitted facility.

"Sale" means any form of delivery, which includes barter, exchange or gift, or offer therefor, and each such transaction made by any person whether as principal, proprietor, agent, servant or employee.

"Security alarm system" means a device or series of devices intended to summon law enforcement personnel during, or as a result of, an alarm condition. Devices may include hard-wired systems and systems interconnected with a radio frequency method such as cellular or private radio signals that emit or transmit a remote or local audible, visual or electronic signal; motion detectors, pressure switches, duress alarms (a silent system signal generated by the entry of a designated code into the arming station to indicate that the user is disarming under duress); panic alarms (an audible system signal to indicate an emergency situation); and hold-up alarms (a silent system signal to indicate that a robbery is in progress). The Department and law enforcement agencies shall have the ability to access a cultivation center's security alarm system in real-time.

"THC" means tetrahydrocannabinol.

"THCA" means tetrahydrocannabinolic acid.

"Tincture" means a cannabis-infused solution, typically comprised of alcohol, glycerin or vegetable oils, derived either directly from the cannabis plant or from a processed cannabis extract. Tinctures may be added to foods and other liquids, applied directly to the skin, consumed orally by drinking a small quantity, or absorbed sublingually by placing a few drops under the tongue.

"Usable cannabis" means the seeds, leaves, buds, and flowers of the cannabis plant, and any mixture or preparation thereof, including the resin extracted from any part of the plant, but does not include the stalks, and roots of the plant. It does not include the weight of any non-cannabis ingredients combined with cannabis, such as ingredients added to prepare a topical administration, food, or drink. [410 ILCS 130/10(w)]

"USEPA" means the United States Environmental Protection Agency.

"Vegetative stage of growth" means that the cannabis plant consists of stems, leaves and roots and does not have any flowers or buds.

"Verification system" means a web-based system established and maintained by the Department of Public Health that is available to the Department of Agriculture, the Department of Financial and Professional Regulation, law enforcement personnel, and registered medical cannabis dispensing organization agents on a 24-hour basis for the verification of registry identification cards, the tracking of delivery of medical cannabis to medical cannabis dispensing organizations, and the tracking of the date of sale, amount, and price of medical cannabis purchased by a registered qualifying patient. [410 ILCS 130/10(x)]

"Veteran" means a person who served in one of the five active-duty Armed Services or their respective Guard or Reserve units, and who was discharged or released from service under conditions other than dishonorable.

"Violent crime" means any felony in which force or threat of force was used against the victim, or any offense involving sexual exploitation, sexual conduct or sexual penetration, or a violation of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961 or the Criminal Code of 2012, domestic battery, violation of an order of protection, stalking, or any misdemeanor which results in death or great bodily harm to the victim or any violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, or Section 11-501 of the Illinois Vehicle Code, or a similar provision of a local ordinance, if the violation resulted in personal injury or death, and includes any action committed by a juvenile that would be a violent crime if committed by an adult. For the purposes of this definition, "personal injury" shall include any Type A injury as indicated on the traffic accident report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or medical facility. A Type A injury shall include severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene, or a substantially similar offense that was tried and convicted as a felony in the jurisdiction where the cultivation center agent, agent-in-charge, or applicant for a cultivation center agent or agent-in-charge identification card, was convicted. [725 ILCS 120/3(c)]

8 Ill. Adm. Code 1000.20 Referenced Materials

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)

b) The following Illinois statutes are referenced in this Part:

1. Compassionate Use of Medical Cannabis Pilot Program Act [410 ILCS 130]

2. Administrative Review Law (Article III of the Code of Civil Procedure) [735 ILCS 5/Art. III]

3. Cannabis Control Act [720 ILCS 550]

4. Illinois Controlled Substances Act [720 ILCS 570]

5. Illinois Food, Drug and Cosmetic Act [410 ILCS 620]

6. Food Handling Regulation Enforcement Act [410 ILCS 625]

7. Sanitary Food Preparation Act [410 ILCS 650]

8. Illinois Uniform Conviction Information Act [20 ILCS 2635]

9. Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 [225 ILCS 447]

10. Illinois Vehicle Code [625 ILCS 5]

11. Criminal Code of 2012 [720 ILCS 5]

12. Rights of Crime Victims and Witnesses Act [725 ILCS 120]

13. Code of Civil Procedure [735 ILCS 5]

14. Probate Act of 1975 [755 ILCS 5]

15. Environmental Protection Act [415 ILCS 5] and 35 Ill. Adm. Code

16. Illinois Pesticide Act [415 ILCS 60] and 8 Ill. Adm. Code 250

17. Illinois Fertilizer Act of 1961 [505 ILCS 80]

18. Soil Amendment Act [505 ILCS 120]

19. Medical Practice Act of 1987 [225 ILCS 60]

20. Illinois Dental Practice Act [225 ILCS 25]

21. Weights and Measures Act [225 ILCS 470]

22. Business Enterprise for Minorities, Females, and Persons with Disabilities Act [30 ILCS 575]

c) The following State administrative rules are referenced in this Part:

1. The Illinois Food, Drug and Cosmetic Act (77 Ill. Adm. Code 720)

2. Manufacturing, Processing, Packing or Holding of Food Code (77 Ill. Adm. Code 730)

3. Food Service Sanitation Code (77 Ill. Adm. Code 750)

4. Electronic Transmission of Fingerprint Requirements (20 Ill. Adm. Code 1265.30)

5. Illinois Environmental Protection Agency Technical Policy Statement (35 Ill. Adm. Code 651 (Introduction and Definitions) and 653 (Design, Operation and Maintenance Criteria)

6. Illinois Plumbing Code (77 Ill. Adm. Code 890)

7. Illinois Pesticide Act (8 Ill. Adm. Code 250)

8. Department of Public Health Compassionate Use of Medical Cannabis Patient Registry (77 Ill. Adm. Code 946.Subpart D)

9. Weights and Measures Code (8 Ill. Adm. Code 600)

d) Incorporations by reference in this Part do not include any later amendments or editions beyond the date specified.

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1000 Compassionate Use of Medical Cannabis Pilot Program

8 Ill. Adm. Code 1000.30 Scope and Application

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)

8 Ill. Adm. Code 1000.40 Operation of a Cultivation Center

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.

c) A cultivation center permit shall allow the permittee to operate at a single cultivation center location.

d) A single entity shall not be granted more than three cultivation center permits. If a qualified applicant has been selected for more than three permits, the applicant shall notify the Department within 48 hours after notification, on the form provided by the Department, in which three Districts it chooses to receive permits and operate cultivation centers. No person shall be an owner, partner, officer, director, shareholder, or member of more than three permitted cultivation centers. No corporation, partnership, limited liability partnership, limited liability company, or other entity or subsidiary thereof shall be an owner, principal officer, partner, shareholder, or member of more than three permitted cultivation centers. In the event that an entity is awarded a permit in a District and that entity forfeits that permit, the permit shall be awarded to the next highest scoring qualified applicant.

e) A permitted cultivation center may not be located within 2,500 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, or an area zoned for residential use. (Section 105 of the Act)

f) A permitted cultivation center is not subject to prosecution; search or inspection, except by the Department, Department of Public Health, or State or local law enforcement under Section 130 of the Act; seizure; or penalty in any manner, or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business licensing board or entity, for acting under the Act or this Part to: acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, or sell cannabis to registered dispensing organizations. (Section 25 of the Act)

g) A cultivation center shall provide evidence of financial responsibility, which shall be payable to the Department in the event the cultivation center fails to comply as follows: complete construction and begin production within six months after the permit has been issued; maintain production for any reason for more than 90 consecutive days after it has completed construction of the facility; or continue to operate the cultivation center in a manner that provides an uninterrupted supply of medical cannabis to licensed dispensaries during the term of the permit, sufficient enough to allow the licensed dispensaries to supply their registered qualifying patients with an adequate supply of medical cannabis.

1. Evidence of financial responsibility shall be provided by one of the following:

A) Establishing and maintaining an escrow account in a chartered financial institution in Illinois in the amount of $2,000,000, except as otherwise provided in Section 1000.60, with escrow terms, approved by the Department, that it shall be payable to the Department in the event of circumstances outlined in this subsection (g). A financial institution may not return money in an escrow or surety account to the cultivation center that established the account or a representative of the cultivation center unless the cultivation center or representative presents a statement issued by the Department indicating that the account may be released; or

B) Providing a surety bond naming the cultivation center as principal of the bond, upon terms approved by the Department, in the amount of $2,000,000, except as otherwise provided in Section 1000.60, with terms approved by the Department that the bond defaults to the Department in the event of circumstances outlined in this subsection (g). Bond terms include:

i) The bond must be written by a surety company authorized and licensed by the Illinois Department of Insurance.

ii) The business name and registration number on the bond must correspond exactly with the business name and registration number in the Department's records.

iii) A copy of the bond must be received by the Department within 15 business days after notification of selection for a permit.

iv) The bond shall not be canceled by a surety on less than 30 days' notice in writing to the Department. If a bond is canceled and the cultivation center fails to file a new bond with the Department in the required amount on or before the effective date of cancellation, the cultivation center's permit shall be revoked. The total and aggregate liability of the surety on the bond is limited to the amount specified on the bond.

2. A cultivation center will not be held in default should the failure to comply be the direct result of an event or effect that cannot be reasonably anticipated or controlled, such as an act of God or nature and not the result of a lack of good faith effort.

h) The cultivation center shall provide documentation that it meets all federal, State and local building, zoning and fire codes and that all local ordinances are met.

i) The use of pesticides as part of the growing process by a cultivation center must be in compliance with the provisions of Section 1000.470.

j) Improper use of pesticides in the cultivation of a batch (Section 1000.470) may result in the destruction of the batch and denial, suspension or revocation of the cultivation center's permit.

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1000 Compassionate Use of Medical Cannabis Pilot Program

8 Ill. Adm. Code 1000.50 Permits - General Provisions

a) A cultivation center permit issued under this Part is the property of the State of Illinois and shall be surrendered upon demand of the Department.

b) As part of the permit process, all applicants for a cultivation center permit shall sign a written statement certifying under penalty of perjury that:

1. All of the information provided on the application is true and accurate to the best of the applicant's knowledge and that the applicant must notify the Department of any significant changes to any of the information provided to the Department during the application process, such as but not limited to ownership, financial interest, operational structure and criminal history.

2. The applicant understands that the medical cannabis laws and enforcement of the laws by the State of Illinois and the federal government are subject to change at any time.

3. The applicant understands that the cultivation center permit is not transferable, except as provided in Section 1000.120, and that the permit is the property of the State of Illinois and shall be surrendered upon demand of the Department.

4. The applicant specifically acknowledges receipt and advisement of the notices contained in the application and agrees to and accepts the limitations of liability and the requirement to indemnify, hold harmless and defend the State of Illinois, including:

A) Limitation of Liability − the State of Illinois shall not be liable to the permitted cultivation center, the cultivation center's agents, family members or guests for any damage, injury, accident, loss, compensation or claim, based on, arising out of, or resulting from the permitted cultivation center's participation in the Compassionate Use of Medical Cannabis Pilot Program, including, but not limited to, the following: arrest, seizure of persons and/or property, prosecution pursuant to State or federal laws by State or federal prosecutors, any fire, robbery, theft, mysterious disappearance or any other casualty; or the actions of any other permittees, registrants or persons. This Limitation of Liability provision shall survive expiration or the early termination of the permit.

B) Hold Harmless/Indemnification − the permitted cultivation center, its principal officers, board members, producer backers, agents, employees, family members or guests shall hold harmless and/or indemnify the State of Illinois, its officers and employees against any civil action or criminal penalty commenced against the State and/or its officers or employees resulting from participation in the Compassionate Use of Medical Cannabis Pilot Program.

C) Federal Prosecution − the United States Congress has determined that cannabis is a controlled substance. Illinois has placed cannabis in Schedule I of the Illinois Controlled Substances Act. Growing, distributing, transporting and possessing cannabis in any capacity, other than as part of a federally authorized research program, is a violation of federal laws. The State of Illinois' Compassionate Use of Medical Cannabis Pilot Program Act does not authorize any permittee to violate federal or state laws.

5. The applicant understands that medical cannabis shall be transported only in a medical cannabis container as defined in Section 1000.10.

6. The applicant understands that unused medical cannabis shall not be transferred, shared, given or delivered to any other person regardless of whether that person is participating in the Compassionate Use of Medical Cannabis Pilot Program.

7. The applicant understands that qualifying patients and caregivers shall not grow or cultivate medical cannabis other than as a cultivation center agent.

8. The applicant understands that the Department may deny an application if the documentation is incomplete, or if the Department determines, after an inquiry or investigation, that the information provided was false, misleading, forged or altered.

9. The applicant understands that, upon issuance of a permit, the cultivation center is subject to random inspections by the Department, ISP and DPH.

8 Ill. Adm. Code 1000.60 Evidence of Financial Responsibility - Terms

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.

b) If a cultivation center voluntarily chooses not to renew its permit, provides notice of this decision in accordance with Section 1000.600 of this Part and is not in violation of the Act or this Part, the Department shall terminate the obligations under the escrow account or surety bond at the end of the permit term.

c) Should the sunset provision of the Act, found in Section 220 of the Act, take effect and no successor medical cannabis program be in place allowing for the continuation of cultivation centers as provided for in this pilot program and this Part, provided the cultivation center is not in violation of the Act or this Part, any remaining amount left in escrow or under a surety bond shall be released to the cultivation center permit holder.

8 Ill. Adm. Code 1000.70 Variances

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.

b) Any request for a variance shall be in writing (an original and 2 copies) and shall include the following:

1. Identification of the specific requirement in question;

2. A description of the variance;

3. The rationale for the variance and why the provision or requirement is unreasonable or unnecessarily burdensome in the particular case;

4. An explanation as to why no party will be injured if the variance is granted; and

5. The fee required by Section 1000.140.

c) Upon receipt of a request for a variance, the Director will appoint an unbiased panel of no more than three members to review the request.

1. The panel may request additional information or documentation from the applicant.

2. The panel shall either approve or deny the request within 30 calendar days after the date of receipt of the request, or the date of receipt of any additional information thereafter, and notify the applicant in writing.

8 Ill. Adm. Code 1000.100 Permit Application

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.

c) The permit application shall be submitted on the forms provided by the Department. The forms will include instructions for their completion and submission. The application will reflect the information required of applicants by the Act and this Part and will include requests for information, plans, maps and other materials in support of the application needed by the Department to make its determination on the permit request. The instructions on the application will reflect the total maximum number of points that can be awarded for each required criteria, measure and bonus point category listed in Section 1000.110. The instructions/application will also identify the total minimum number of points necessary from the required criteria and measures to be eligible for consideration of the bonus point categories. All applications will be reviewed and points awarded based upon the same point system in a fair and unbiased manner. If all materials, documentations, fees and information required by the application form are not submitted, the application shall be returned to the applicant. The applicant shall then have seven calendar days to resubmit the application in its entirety. Once submitted, the required fee will not be returned. Upon receipt of an application deemed to be complete, the Department will engage in no further communication with the applicant until after the selection process is completed:

1. Except as provided in Section 1000.110(g) and (h); and

2. Unless the applicant has applied for zoning approval from the local zoning authority and the matter is pending before the authority. The applicant may submit verification of compliance with the local zoning rules once a ruling is issued by the local zoning authority. In no event, however, may the verification be submitted more than 60 days after the date of submission of the application to the Department.

d) An applicant applying for a cultivation center permit shall submit, in duplicate, the following:

1. The proposed legal name of the cultivation center;

2. The proposed physical address of the cultivation center and description of the enclosed, locked facility as it applies to cultivation centers where medical cannabis will be grown, harvested, manufactured, packaged, or otherwise prepared for distribution to a dispensing organization;

3. The name, address, and date of birth of each principal officer and board member of the cultivation center, provided that all those individuals shall be at least 21 years of age;

4. Any instance in which a business that any of the prospective board members of the cultivation center had managed or served on the board of the business and was convicted, fined, censured, or had a registration or license suspended or revoked in any administrative or judicial proceeding;

5. Cultivation, inventory, and packaging plans;

6. Proposed operating by-laws (Operation and Management Practices Plan) that include procedures for the oversight of the cultivation center, development and implementation of a plant monitoring system, medical cannabis container tracking system, accurate record keeping, staffing plan, and security plan reviewed by the Illinois State Police that are in accordance with the rules issued by the Department of Agriculture under the Act. A physical inventory shall be performed of all plants and medical cannabis containers on a weekly basis. ISP may utilize the services of a private security contractor licensed by DFPR to assist with performing a security plan review;

7. Experience with agricultural cultivation techniques and industry standards, including experience with the cultivation of agricultural or horticultural products, operating an agriculturally related business, or operating a horticultural business;

8. Any academic degrees, certifications, or relevant experience with related businesses;

9. The identity of every person, association, trust, producer backer, partnership, other entity or corporation having any direct or indirect pecuniary interest in the cultivation center operation with respect to which the registration is sought. If the disclosed entity is a trust, the application shall disclose the names and addresses of the beneficiaries; (Section 85 of the Act)

10. If a sole proprietorship, the name, residence and date of birth of the owner;

11. If a partnership, the names and addresses of all partners, both general and limited (Section 85 of the Act) and any partnership or joint venture documents.

A) For a domestic limited partnership, a copy of the Certificate of Limited Partnership and a Certificate of Good Standing from the Illinois Secretary of State dated within the last 60 days.

B) For a foreign limited partnership, a certificate of Good Standing from the state of formation, a copy of the Certificate of Authority from the Illinois Secretary of State and a Certificate of Good Standing from the Illinois Secretary of State dated within the last 60 days;

12. If a limited liability partnership, the names and addresses of all partners, and any partnership or joint venture documents.

A) For a domestic limited liability partnership, a copy of the Certificate of Limited Liability Partnership and a Certificate of Good Standing from the Illinois Secretary of State dated within the last 60 days.

B) For a foreign limited liability partnership, a certificate of Good Standing from the state of formation, a copy of the Certificate of Authority from the Illinois Secretary of State and a Certificate of Good Standing from the Illinois Secretary of State dated within the last 60 days;

13. If a corporation based in Illinois, a copy of the Articles of Incorporation and a copy of the Certificate of Good Standing issued by the Illinois Secretary of State or obtained from the Secretary of State's website within the last 60 days. If the corporation is a foreign corporation, a copy of the Articles of Incorporation, a copy of the Certificate of Good Standing from the state or country in which the corporation is domiciled, a copy of the Certificate of Authority from the Illinois Secretary of State and a Certificate of Good Standing from the Illinois Secretary of State dated within the last 60 days. If using an assumed name (d/b/a), a copy of the assumed name registration issued by the Secretary of State. Additionally, applicants shall include the names and addresses of all stockholders and directors of the corporation (Section 85 of the Act);

14. If a limited liability company:

A) For a domestic limited liability company, a copy of the Articles of Organization, a copy of the Certificate of Good Standing issued by the Illinois Secretary of State or obtained from the Secretary of State's website within the last 60 days, and a listing of the members of the limited liability company and his, her, or its contact information.

B) For a foreign limited liability company, a copy of the Articles of Organization and a Certificate of Good Standing from the state of organization, a copy of the Application for Admission to Transact Business in Illinois, along with a Certificate of Good Standing issued by the Illinois Secretary of State, all dated within the last 60 days;

15. If another type of business entity, the same or similar information, as applicable, to that listed in this subsection (d);

16. Verification from the Illinois State Police that all background checks of the principal officer, board members, and registered agents have been conducted and those individuals have not been convicted of an excluded offense (Section 85 of the Act).

17. A copy of the current local zoning ordinance to the Department and verification from the local zoning authority that the proposed cultivation center is in compliance with the local zoning rules issued in accordance with Section 140 of the Act (Section 85 of the Act).

A) If the property is not owned but is currently leased by the applicant, the applicant shall provide: a copy of the lease; confirmation of land ownership; identification of any mortgagees and/or lienholders; a written statement from the property owner and/or landlord, certifying consent that the applicant may operate a cultivation center on the premises at least through December 31, 2017; and, if applicable, verification of notification by the property owner to any and all mortgagees and/or perfected lienholders that the property is to be used as a cultivation center at least through December 31, 2017, and consent thereto by any mortgagees and/or perfected lienholders.

B) If the property is not owned or currently leased by the applicant, the applicant shall provide: a written statement from the property owner and/or landlord certifying consent that the applicant will lease or purchase the property for the purpose of operating a cultivation center until at least December 31, 2017; and, if applicable, verification of notification by the property owner to any and all mortgagees and/or perfected lienholders that the property is to be used as a cultivation center at least through December 31, 2017, and consent thereto by any mortgagees and/or perfected lienholders.

C) If the property is owned by the applicant, the applicant shall provide: confirmation of land ownership; identification of any and all mortgagees and/or perfected lienholders; and, if applicable, verification of notification to any and all mortgagees and/or perfected lienholders that the property is to be used as a cultivation center at least through December 31, 2017, and consent thereto by any mortgagees and/or perfected lienholders;

18. A non-refundable application fee as set forth in Section 1000.140 for each application. Each application for a particular District shall be a separate application requiring a separate fee;

19. A location area map of the area surrounding the proposed cultivation center. The map must clearly demonstrate that the proposed cultivation center is not located within 2,500 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, or an area zoned for residential use (Section 105 of the Act);

20. A plot plan of the cultivation center drawn to a reasonable scale. If the cultivation center building is in existence at the time of the application, the applicant shall submit plans and specifications drawn to scale for the interior of the building. If the building is not in existence at the time of application, the applicant shall submit a plot plan and a detailed drawing to scale of the interior and the architect's drawing of the building to be constructed;

21. Documentation acceptable to the Department that the individual or entity filing the application has at least $500,000 in liquid assets. Documentation acceptable to the Department includes a signed statement from an Illinois Licensed CPA attesting to proof of the required amount of liquid assets under the control of an owner or the entity applying. The statement must be dated within 30 calendar days before the date the application was submitted;

22. Documentation acceptable to the Department that the individual or entity filing the application will be able to obtain insurance sufficient to indemnify and hold harmless the State and its officers and employees as required in Section 1000.50(b)(4)(B);

23. All relevant financial information as set forth in Section 1000.200;

24. The name of any agent-in-charge for each work shift;

25. If currently or previously licensed or authorized in another state or jurisdiction to produce or otherwise deal in the distribution of cannabis in any form, the following:

A) A copy of each such licensing/authorizing document verifying licensure in that state or jurisdiction;

B) A statement granting permission to contact the regulatory agency that granted the license to confirm the information contained in the application; and

C) If the license/authorization or application was ever denied, suspended, revoked or otherwise sanctioned, a copy of documentation so indicating, or a statement that the applicant was so licensed and was never sanctioned.

e) The applicant shall sign a notarized statement certifying that:

1. No prospective principal officer or board member has been convicted of an excluded offense in any state or country;

2. The cultivation center will register with the Illinois Department of Revenue should the applicant be granted a permit;

3. The application is complete and accurate; and

4. The applicant has actual notice that, notwithstanding any state law:

A) Cannabis is a prohibited Schedule I controlled substance under federal law;

B) Participation in the program is permitted only to the extent provided by the strict requirements of the Act and this Part;

C) Any activity not sanctioned by the Act or this Part may be a violation of State law;

D) Growing, distributing or possessing cannabis in any capacity, except through a federally-approved research program, is a violation of federal law;

E) Use of medical cannabis may affect an individual's ability to receive federal or State licensure in other areas;

F) Use of medical cannabis, in tandem with other conduct, may be a violation of State or federal law;

G) Participation in the program does not authorize any person to violate federal law or State law and, other than as set out in Section 25 of the Act, does not provide any immunity from or affirmative defense to arrest or prosecution under federal law or State law; and

H) Applicants shall indemnify, hold harmless, and defend the State of Illinois for any and all civil or criminal penalties resulting from participation in the program.

5. The Department has authority to include additional certifications in the application that would be sufficient to ensure compliance with the program and all other applicable laws.

6. All of applicant's principal officers and producer backers expressly agree to be subject to service of process in Illinois with a current Illinois address on file with the Department.

History

• Source: Amended at 39 Ill. Reg. 5363, effective March 25, 2015

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1000 Compassionate Use of Medical Cannabis Pilot Program

8 Ill. Adm. Code 1000.110 Permits - Selection Criteria

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.

2. Proposed Staffing Plan and Knowledge of Illinois Law and Rules Relating to Medical Cannabis (100 points):

A) Measure 1: The applicant fully describes a staffing plan that will provide and ensure adequate staffing and experience for all accessible business hours, safe production, sanitation, adequate security and theft prevention; and

B) Measure 2: The applicant provides an Operations and Management Practices Plan that demonstrates compliance with this Part and the Act.

3. Security Plan (200 points):

A) Measure 1: The applicant's security plan demonstrates its ability to prevent the theft or diversion of medical cannabis and how the plan will assist with ISP, Department, and local law enforcement. Specifically, it shall evidence compliance with all items in Sections 1000.440, 1000.445 and 1000.450.

B) Measure 2: The applicant demonstrates that its plan for record keeping, tracking and monitoring inventory, quality control and security and other policies and procedures will discourage unlawful activity. It also describes the applicant's plan to coordinate with and dispose of unused or surplus medical cannabis through ISP and the Department.

C) Measure 3: The applicant's security plan shall describe the enclosed, locked facility that will be used to secure or store medical cannabis, its security measures, including when the location is closed for business, and the steps taken to ensure that medical cannabis is not visible to the public.

D) Measure 4: The applicant describes its transportation plan regarding procedures for safely and securely delivering medical cannabis to registered dispensaries.

4. Cultivation Plan (300 points):

A) Measure 1: The applicant shall describe its plan to provide a steady, uninterrupted supply of medical cannabis to registered dispensaries.

B) Measure 2: The applicant demonstrates knowledge of cultivation methods to be used in the cultivation of cannabis. The applicant shall describe the various strains to be cultivated and its experience, if applicable, with growing those strains or comparable agricultural products.

C) Measure 3: The applicant demonstrates the steps that will be taken to ensure the quality, including the purity and consistency, of the medical cannabis to be provided to dispensaries.

5. Product Safety and Labeling Plan (150 points):

A) Measure 1: The applicant shall describe its plan for providing safe and accurate packaging and labeling of medical cannabis.

B) Measure 2: The applicant shall describe its plan for testing medical cannabis and ensuring that all medical cannabis is free of contaminants, including but not limited to pesticides, microbiological, and residual solvent. If applicable, the applicant shall provide quality history records showing specific testing results from laboratory testing conducted on the applicant's cannabis products.

C) Measure 3: The applicant shall describe its plan for establishing a recall of the applicant's products in the event that they are shown by testing or other means to be, or potentially to be, defective or have a reasonable probability that their use or exposure to will cause serious adverse health consequences. At a minimum, the plan should include the method of: identification of the products involved; notification to the dispensary organization or others to whom the product was sold or otherwise distributed; and how the products will be disposed of if returned to or retrieved by the applicant.

6. Applicant's Business Plan and Services to be Offered (100 points):

A) Measure 1: The applicant shall provide a business plan that describes how the cultivation center plans to operate on a long-term basis. This shall include the applicant providing a detailed description about the amount and source of the equity and debt commitment for the proposed cultivation center that demonstrates the immediate and long-term financial feasibility of the proposed financing plan, the relative availability of funds for capital and operating needs, and the financial capability to undertake the project.

B) Measure 2: The applicant or its officers, board members, or incorporators demonstrates experience in business management and/or having medical industry, agricultural or horticultural experience and the extent of their involvement in or ability to influence the day-to-day operations of the facility.

C) Measure 3: The business plan demonstrates a start-up timetable that provides an estimated time from permit approval of the cultivation center to full operation, and the assumptions used for the basis of those estimates.

c) The Department shall award bonus points for preferred but not required initiatives in the following categories based on the applicant's ability to meet or exceed minimum requirements, with each initiative accounting for up to a maximum of 20 points each, for a maximum total of 160 bonus:

1. Labor and Employment Practices: The applicant may describe any plans it has to:

A) Provide a safe, healthy and economically beneficial working environment for its employees, including, but not limited to, its plans regarding workplace safety and environmental standards, codes of conduct, healthcare benefits, educational benefits, retirement benefits, and wage standards.

B) Recruit and/or hire minorities, women, veterans, disabled persons and Illinois residents.

2. Research Plan: The applicant may provide the Department with a detailed proposal to conduct, or facilitate, a scientific study or studies related to the medicinal use of cannabis. To the extent it has been determined, the applicant may include in its proposal, a detailed description of:

A) The methodology of the study;

B) The issues to be studied;

C) The methods that will be used to identify and select study participants;

D) The identity of all persons or organizations that will be worked with in connection with the study, including the role of each;

E) The duration of the study; and

F) The intended use of the study results.

3. Community Benefits Plan: The applicant may provide the Department with a detailed description of any plans the applicant has to give back to the local community if awarded a cultivation center permit.

4. Substance Abuse Prevention Plan: The applicant may provide a detailed description of any plans it will undertake, if awarded a cultivation center permit, to combat substance abuse in Illinois, including the extent to which the applicant will partner, or otherwise work with existing substance abuse programs.

5. Local Community/Neighborhood Report: The applicant may provide comments, concerns or support regarding the potential impact of the proposed location to the local community and neighborhood. This may include the local community's concerns or support regarding the proposed location's proximity to substance abuse treatment centers, day care centers, schools and halfway houses.

6. Environmental Plan: The applicant may demonstrate an environmental plan of action to minimize the carbon footprint, environmental impact, and resource needs for the production of medical cannabis. The applicant may describe any plans for the use of alternative energy, the treatment of waste water and runoff, and scrubbing or treatment of exchanged air.

7. Verification of Minority Owned, Female Owned, Veteran Owned, or Disabled Person Owned Business: The Minority, Female, Veteran, or Disabled Person applicant must own at least 51 percent of the entity applying for registration. The percentage totals may include any combination of these types of businesses. The Minority, Female, Veteran, or Disabled Person applicant must also share in control of management and day-to-day operations of the permitted facility. Documentation must be submitted at the time of application that demonstrates the respective status of the applicant, including, but not limited to, certification under the Business Enterprise for Minorities, Females, and Persons with Disabilities Act [30 ILCS 575] for minority, female or disabled person applicants, or a DD214 for veteran applicants. For purposes of this subsection (c)(7), minority, female, and disabled shall have the meanings ascribed in Section 2 of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act [30 ILCS 575/2].

8. Verification that the applicant's principal place of business is headquartered in Illinois. The names, addresses and verification of the applicant's proposed agents that reside in Illinois. The applicant may also provide a plan for generating Illinois-based jobs and economic development.

d) Should the applicant be awarded a permit, the information and plan that an applicant provided in its application becomes a mandatory condition of the permit. If a permittee fails to comply with standard and special conditions of the permit, the Department may assess a penalty or seek suspension or revocation of the permit pursuant to Section 1000.700.

e) The Department may issue a cultivation center permit with conditions addressing weaker areas of the cultivation center's application that shall be addressed and corrected in the manner and timeframe set forth in the permit.

f) There shall not be more than one permit issued per each of the 22 ISP District boundaries as specified on January 1, 2013.

1. A permit shall be issued to the qualified applicant receiving at least the minimum required score in each category and the highest total score overall as compared to the other applicants within the applicable district.

2. ISP District Chicago (District C) incorporates ISP Districts 3 and 4. Therefore, the Department shall issue two separate permits for ISP District C.

g) In the event that two or more qualified applicants for a cultivation center permit receive the same total score, the Department shall select the applicant that received the highest score in the cultivation plan category. In the event that the same two applicants received the same score in the cultivation plan category, the Department shall select the applicant that received the highest score in the security plan category.

1. If a tie score still remains, the tied applicants will be interviewed by an unbiased panel selected by the Department.

2. The panel will judge the overall applications and suitability, sustainability and likelihood of success of the applicants and award the permit accordingly.

h) In the event that there are no qualified applicants in a particular District, the applicant with the highest total score will meet with an unbiased panel selected by the Department to determine whether the applicant may be able to cure any deficiencies in the application to become qualified. If the applicant is unable to cure the deficiencies, the panel will meet with the applicant with the next highest score to determine whether it may be able to cure any deficiencies in its application to become qualified. If that applicant is unable to cure the deficiencies, and there are no qualified applicants in that particular District, the application process will be reopened. All applicants will be required to submit a new fee and application for that District.

i) If no qualified applicants are found during the process described in subsections (g) and (h), or if an applicant that is issued a conditional permit fails to fulfill the conditions of the conditional permit, or if no permit is issued or active in a particular District for any other reason, the Department shall announce another period to submit an application for that District. The application period shall be for 30 calendar days from the date specified in the announcement.

j) The Department may verify information contained in each application and accompanying documentation to assess the applicant's character and fitness to operate a cultivation center. Notwithstanding an applicant satisfying the foregoing selection criteria, the Department may, in its discretion, refuse to issue a permit if it is not satisfied that an applicant, or any one required to be identified in the application by Section 1000.100, is a person of good character, honesty and integrity, and is not:

1. A person whose background, including criminal charges, reputation and association, is injurious to the health, safety, morals, good order and general welfare of the People of the State of Illinois;

2. A person whose background, criminal record, reputation, habits, social or business associations adversely affect public confidence and trust in the medical cannabis industry or poses a threat to the public interests of the State or to the security and integrity of the medical cannabis industry;

3. A person who creates or enhances the dangers of unlawful practices, methods and activities in the medical cannabis industry, including, but limited to, product diversion;

4. A person who presents questionable business practices and financial arrangements incidental to the medical cannabis industry;

5. A person who associates with, either socially or in business affairs, or employs persons of notorious or unsavory reputation or who have extensive police records, or who have failed to cooperate with any officially constituted investigatory or administrative body; or

6. A person who has had a cannabis dispensary or cultivation center license revoked, suspended or sanctioned in any other jurisdiction.

History

• Source: Amended at 39 Ill. Reg. 5363, effective March 25, 2015

8 Ill. Adm. Code 1000.120 Permit Issuance; Transferability

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.

b) A cultivation center permit shall be issued for the specific applicant identified in the application and shall not be transferable in whole or in part, with the following exceptions:

1. A cultivation center permit may be reissued, without charge, solely in the name of the surviving spouse or domestic partner of a deceased permittee if the permit was issued in the names of both of the parties.

2. A cultivation center permit may be transferred, without charge, to an heir of a deceased permittee other than as provided in subsection (b)(1), as determined by the Probate Act of 1975 [755 ILCS 5]. For the purpose of considering the qualifications of the heir to receive a cultivation center permit, the Department shall require a criminal background check and the heir will be subject to all other requirements of the Act and this Part.

c) The proposed sale of any outstanding or issued stock of a corporation permitted under the Act, or any proposed change in the officers or board members of the corporation, must be reported to the Department, and Department approval must be obtained before the changes are made. A fee (see Section 1000.140) will be charged for the processing of the change of stock ownership or corporate officers or board members.

d) The proposed change of any person or principal officer of any permittee must be reported to the Department and Department approval must be obtained before the changes are made. A fee (see Section 1000.140) will be charged for the processing of any such change.

e) A cultivation center permit shall not be leased or subcontracted, in whole or in part.

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1000 Compassionate Use of Medical Cannabis Pilot Program

8 Ill. Adm. Code 1000.130 Permit Renewal

a) Every cultivation center permit, agent and agent-in-charge identification card issued by the Department under the Act and this Part shall expire annually on the date it was issued.

b) Every renewal application for a permit, agent or agent-in-charge identification card issued pursuant to this Part and accompanied by the proper fees (see Section 1000.140) shall be filed annually with the Department at least 45 calendar days prior to the date the existing permit or registration expires.

c) The Department shall send written notification of expiration to each permitted cultivation center at least 90 days prior to expiration. However, failure to receive a renewal form from the Department shall not excuse the cultivation center from paying the renewal fee or renewing the permit prior to its expiration. Except as allowed by subsection (e), production, sales and delivery of medical cannabis on an expired permit is not permitted and is grounds for imposition of discipline.

d) The Department shall grant a renewal application within 45 days after its submission if the following conditions are satisfied:

1. the registered cultivation center submits a renewal application and the required renewal fee; and

2. the Department of Agriculture has not suspended the registration of the cultivation center or suspended or revoked the registration for violation of the Act or this Part. (Section 90 of the Act)

e) Failure to renew prior to the expiration date of the applicable permit or agent or agent-in-charge identification card shall result in the permit or identification card being suspended for a maximum of 30 days, after which the permit, if not renewed, will be deemed expired. During the suspension, the cultivation center shall not sell or deliver any cannabis or cannabis-infused product.

f) If a renewal application and all applicable fees are not submitted to the Department at least 30 calendar days after the expiration of the permit or identification card, the permit or identification card shall not be eligible for renewal, and the applicant shall cease and desist from all production, sale and delivery activities.

1. If a permit renewal application and all applicable fees are not submitted to the Department at least 30 calendar days after the expiration of the permit, the Department shall accept applications for cultivation center permits in the applicable State Police District in accordance with Sections 1000.100 and 1000.110.

2. The cultivation center shall dispose of all medical cannabis in its possession in accordance with Section 1000.460.

g) Upon request for renewal, the Department shall consider the permittee's history of compliance with requirements of the Act and this Part, the number and severity of any violations and the correction of those violations, as well as penalties or fines imposed or any other enforcement actions.

h) The Department may deny a renewal after consideration of the permittee's history of compliance.

8 Ill. Adm. Code 1000.140 Fees

a) An applicant shall submit the following non-refundable fees with each permit and registration application submitted, in the form of a certified check or money order payable to the "Illinois Department of Agriculture", or by such other means as approved by the Department.

1. The application fee for a cultivation center permit shall be $25,000 for each application submitted. In addition, if an application for a cultivation center permit is approved, the applicant shall pay a fee of $200,000 for each permit prior to receiving the permit.

2. The fee for each annual renewal of a cultivation center permit shall be $100,000.

3. The fee for a cultivation center agent or agent-in-charge identification card and for each renewal shall be $100.

4. The fee for the issuance of a replacement cultivation center agent or agent-in-charge identification card shall be $50.

5. The fee for an application to change a cultivation center name or the change of stock ownership or principal officers shall be $1,000.

6. The fee for an application to make modifications to a cultivation center shall be $5,000. In addition, upon approval of the application, the applicant shall pay an additional fee of $3,000.

7. The fee for an application to make a physical, non-cosmetic alteration of a cultivation center, other than an expansion, shall be $1,000.

8. The fee for a cultivation center to register a cannabis product with the Department shall be $100 per product name;

9. The fee to request a variance shall be $200.

b) All monies collected under the Act shall be deposited in the Compassionate Use of Medical Cannabis Fund in the State treasury. (Section 20 of the Act)

c) The Department may, through the administrative rulemaking process, propose changes to the fees set forth in this Section if the Department deems that change is necessary to cover costs for implementation, administration and enforcement of the Act and this Part.

8 Ill. Adm. Code 1000.150 Modifications and Alterations

a) A permit shall be amended before the commencement of any modification to the facility. This includes any change that modifies the approved permit design capability of production or process areas, including change of capacity, efficiency or processes.

b) Before making any modification to a permitted facility, the cultivation center must complete an Application for Permit and Construction Approval and submit the application with the appropriate schedules to the Department.

c) An amendment to the permit shall not be required for alterations at the facility.

8 Ill. Adm. Code 1000.160 Denial of Cultivation Center Application/Suspension or Revocation of Permit

a) An application for a cultivation center permit must be denied if any of the following conditions are met:

1. the applicant failed to submit the materials required by this Part;

2. the applicant would not be in compliance with local zoning rules issued in accordance with Section 140 of the Act;

3. one or more of the prospective principal officers or board members has been convicted of an excluded offense;

4. one or more of the prospective principal officers or board members has served as a principal officer or board member for a registered dispensing organization or cultivation center that has had its registration revoked or suspended;

5. one or more of the principal officers or board members is under 21 years of age;

6. a principal officer or board member of the cultivation center has been convicted of a felony under the laws of this State, any other state, or the United States;

7. a principal officer or board member of the cultivation center has been convicted of any violation of Article 28 of the Criminal Code of 2012, or substantially similar laws of any other jurisdiction; or

8. the person has submitted an application for a permit under the Act and/or this Part which contains false information. (Section 85 of the Act)

b) The Department may suspend or revoke a registration for violations of the Act and/or this Part.

c) Nothing in this Part is intended to confer a property or other right, duty, privilege or interest entitling an applicant to an administrative hearing upon denial of an application.

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1000 Compassionate Use of Medical Cannabis Pilot Program

8 Ill. Adm. Code 1000.200 Financial Disclosure

a) When applying for a cultivation center permit, the applicant shall disclose all relevant financial information to the Department. The applicant shall have a continuing duty to disclose promptly any material changes in the financial information provided to the Department. If an applicant is issued a permit, this duty of ongoing disclosure shall continue throughout the permitted period. These disclosures shall include:

1. The ownership structure of the cultivation center;

2. A current organizational chart that includes position descriptions and the names and resumes of persons holding each position to the extent those positions have been filled. To the extent not revealed by the resume, include additional pages with each resume setting out the employee's particular skills, education, experience or significant accomplishments that are relevant to owning or operating a cultivation center;

3. Documents such as the articles of incorporation, articles of association, charter, by-laws, partnership agreement, agreements between any two or more members of the applicant that relate in any manner to the assets, property or profit of the applicant, or any other comparable documents that set forth the legal structure of the applicant or relate to the organization, management or control of the applicant;

4. A copy of all compensation agreements with producer backers, directors, owners, officers, growers, other high-level employees or any other persons required to complete these agreements;

5. A compensation agreement that includes any agreement that provides, or will provide, a benefit to the recipient, whether in the form of salary, wages, commissions, fees, stock options, dividends, interest, bonuses or otherwise;

6. The nature, type, terms, covenants and priorities of all outstanding bonds, loans, mortgages, trust deeds, pledges, lines of credit, notes, debentures or other forms of indebtedness issued or executed, or to be issued or executed, in connection with opening or operating the proposed cultivation center;

7. Audited financial statements for the previous fiscal year, which shall include, but are not limited to, an income statement, balance sheet, statement of retained earnings or owners' equity, statement of cash flows, and all notes to these statements and related financial schedules, prepared in accordance with generally accepted accounting principles, along with the accompanying independent auditor's report. If the applicant was formed within the year preceding the application for permit, provide certified financial statements for the period of time the applicant has been in existence and any pro forma financials used for business planning purposes;

8. Complete copies of all federal, state and foreign (with translation) tax returns filed by the applicant for the last three years, or for the period the applicant has filed returns if less than three years;

9. Complete copies of the most recently filed federal, state and/or foreign (with translation) tax returns filed by each producer backer and by each producer backer member identified in the applicant's application.

b) The applicant shall disclose all sources of funding used to acquire or develop the business for which the permit is sought, and shall provide independent documentation concerning the source of the funds and copies of closing documents in connection with the purchase of a registered business.

c) The applicant shall disclose the estimated expenditures to be incurred before the cultivation center is operational.

d) The applicant shall disclose the estimated full facility cost and projected annual revenue of the cultivation center under operation.

e) The applicant shall disclose whether any principal officer and/or board member has ever:

1. Filed for bankruptcy;

2. Defaulted on a student loan;

3. Defaulted on alimony or child support payment;

4. Been disciplined or sanctioned by a State or federal agency; or

5. Been convicted of an excluded offense.

f) The applicant shall disclose whether there are currently or have ever been any state or federal tax liens against the property of the applicant, as well as the property of any principal officer and/or board member.

8 Ill. Adm. Code 1000.210 Fingerprint-Based Criminal History Records Check

a) No person who has been convicted of an excluded offense may be a cultivation center agent. (Section 105 of the Act)

b) ISP shall act as the Department's agent for purposes of receiving electronic fingerprints and conducting background checks of each cultivation center agent applying for a cultivation center agent identification card.

1. ISP will conduct background checks for conviction information contained within ISP and FBI criminal history databases to the extent allowed by law.

2. For verification of any statutorily imposed duty to conduct background checks pursuant to the Act, ISP will transmit the results of the background check to the Department and that transmittal shall conclude the verification process.

3. The electronic background checks shall be submitted as outlined in either the Illinois Uniform Conviction Information Act or 20 Ill. Adm. Code 1265.30 (Electronic Transmission of Fingerprint Requirements).

A) Manual fingerprints will not be accepted and shall not be scanned and converted into an electronic format.

B) Fingerprint images of the individual being fingerprinted, and related alphanumeric identification data submitted to ISP for the purpose of this fingerprint-based background check, shall be submitted electronically.

C) Electronic transmission of fingerprint data to ISP shall be accomplished utilizing livescan procedures or other comparable technology approved for use by ISP.

D) If the fingerprints are rejected by ISP, the cultivation center agent shall have his or her fingerprints collected electronically by a livescan fingerprint vendor a second time.

E) In the event of equipment malfunction or other special circumstance that make electronic transmission of fingerprint data impractical, ISP may allow limited use of paper fingerprint records.

c) Each cultivation center agent applying for a cultivation center agent identification card shall have his or her fingerprints collected electronically by a livescan fingerprint vendor licensed by DFPR and transmitted to ISP for processing no more than 30 days prior to the date of application or renewal for a cultivation center agent identification card.

1. The cultivation center agent shall submit to the Department, with the cultivation agent identification card application or renewal, a copy of the livescan request form and the receipt provided by the livescan fingerprint vendor containing the Transaction Control Number (TCN) as proof that his or her fingerprints have been collected.

2. Cultivation center identification card applications submitted without a copy of the livescan request form and receipt will be deemed incomplete and will not be processed until fingerprinting is completed. The fingerprinting process is not completed until the Department receives the results from ISP.

3. Any fees associated with the livescan fingerprint-based criminal history records check shall be the responsibility of the individual seeking a cultivation center agent identification card and shall be collected by the livescan vendor at the time of fingerprinting and transmitted to ISP for deposit in the State Police Services Fund. A convenience fee may be charged by the livescan vendor as provided in Section 31-5 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

d) The Department shall obtain from ISP a state and federal criminal records check, to the extent allowed by law, containing conviction information for each cultivation center agent applying for a cultivation center agent identification card.

e) The Department will maintain the results of the criminal history records check in compliance the State Records Act [5 ILCS 160].

f) The Department may deny an application or renewal for a cultivation center agent who has been convicted of an excluded offense.

g) If the cultivation center agent has been convicted of any excluded offenses, the Department may approve a cultivation center agent identification card if the person demonstrates that his or her conviction was for the possession, cultivation, transfer, or delivery of a reasonable amount of cannabis intended for medical use. (Section 10 of the Act) In determining whether to waive a conviction for excluded offenses, the Department shall determine whether the offense consisted of conduct for which, had it occurred on or after January 1, 2014, would likely have been protected by the Act and would likely not have resulted in a conviction.

h) Convictions for violations of the medical cannabis laws of Illinois or any other state or jurisdiction shall not be waived by the Department.

i) Should the Department not be able to obtain from ISP the required state and/or federal criminal records check required by the Act and this Section, the Department shall contract as appropriate with a private detective/investigating agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 and in good standing with DFPR, for the purpose of conducting those records checks.

8 Ill. Adm. Code 1000.220 Cultivation Center Facility Plans and Specifications

a) Cultivation centers shall:

1. Not be located closer than 1,000 feet to another cultivation center or a medical cannabis dispensary.

2. Not be located closer than 2,500 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, or an area zoned for residential use. [Section 105 of the Act]

3. Not be in violation of any other local zoning requirements.

b) When applying for a permit, the applicant shall provide engineering plans and specifications of the entire cultivation center. The plans and specifications shall include:

1. A detailed plan and elevation drawings of all operational areas involved with the production of cannabis plants. This should include dimensions and elevation referenced to a single facility benchmark;

2. Cross-sections that show the construction details and their dimensions to provide verification of construction materials, enhancement for security measures and bio-security measures;

3. Identification of all employee areas that are non-production areas;

4. The location of all storage areas, ventilation systems, and equipment used for the production of cannabis;

5. The location of all entrances and exits to the cultivation center;

6. The location of any windows, skylights and roof hatches;

7. The location of all cameras and their field of view;

8. The location of all alarm inputs (door contacts, motion detectors, duress/hold up devices) and alarm sirens;

9. The location of the digital video recorder and alarm control panel;

10. The location of all restricted and public areas;

11. The location where all plant inputs and application equipment are stored;

12. If applicable, the location of areas designated specifically for the production of cannabis-infused products; and

13. The location of the enclosed, secure area or loading/unloading dock out of public sight for the loading/unloading of medical cannabis in the transport motor vehicle.

8 Ill. Adm. Code 1000.230 Measuring Distances

a) In establishing the distance between one or more places (such as the actual distance of a cultivation center from a school or day care center, as defined in the Act), the distance shall be measured linearly and shall be the shortest distance between the closest point of the property lines of the places.

b) If a boundary line measured by the Department touches upon any portion of a parcel or lot, the parcel or lot shall be within the area being identified by the Department.

8 Ill. Adm. Code 1000.240 Failure to Open or Operate

a) A cultivation center permit shall be surrendered to the Department upon written notice and demand if the cultivation center fails to begin production within six months after the permit has been issued. The cultivation center may submit a written request to the Department for an extension of time setting forth its justification for being unable to begin production within six months after the permit was issued. The Department may grant an extension, at its discretion, for good cause shown. Good cause may include unforeseen events, acts of nature and other events that prevent a good faith effort. Good cause shall not include cost overruns, insufficient financing and other factors evidencing a lack of good faith effort.

b) A cultivation center that fails to maintain production for any reason for more than 90 consecutive days after it has begun production shall be notified in writing and given 30 days from the date of notification from the Department to submit a written explanation why it so failed and, if it plans on continuing to operate as a cultivation center, a description of how it will correct the problem and prevent it from occurring again.

1. If no response is received from the cultivation center or if a response is received after the 30 day period, the permit shall be revoked and surrendered to the Department.

2. If a response is received within the 30 day period, the Department shall review the response and either approve it and require the cultivation center to come into compliance or reject it and revoke the permit requiring the cultivation center to surrender its permit to the Department. If the Department allows the cultivation center to come into compliance, the Department may, after a hearing, levy a fine for failure to provide an uninterrupted supply to patients.

c) Upon surrender of its cultivation center permit, the cultivation center shall forfeit the balance of its escrow account or surety bond required by Section 1000.40(g).

d) A cultivation center that has failed to continue to operate the cultivation center in a manner that provides an uninterrupted supply of medical cannabis to licensed dispensaries as provided for in Section 1000.40(g) shall be notified in writing and given 30 days from the date of notification from the Department to submit a written explanation why it was unable to provide the supply and how it will correct the situation in the future.

1. If no response is received from the cultivation center or if a response is received after the 30 day period, the permit shall be revoked and surrendered and the escrow account or surety bond required by Section 1000.40(g) shall be forfeited to the Department.

2. If a response is received within the 30 day period, the Department shall review the response and either accept it and require the cultivation center to come into compliance or reject and revoke it requiring the cultivation center to surrender its permit to the Department and forfeit its escrow account or surety bond. If the Department allows the cultivation center to come into compliance, the Department may, after a hearing, levy a fine for failure to provide an uninterrupted supply to patients.

8 Ill. Adm. Code 1000.250 Cultivation Center Records

a) Each cultivation center shall keep and maintain upon the permitted premises for a five-year period true, complete, legible and current books and records, including the following:

1. The date of each sale or distribution to a dispensary;

2. The name, address and registration number of the dispensary;

3. The item number, product name (description), and quantity of cannabis and cannabis-infused products registered by the Department and sold or otherwise distributed to the dispensary;

4. The price charged and the amount received for the cannabis and cannabis-infused products from the dispensary;

5. If the distribution was for a purpose other than sale, the reason for the distribution;

6. The quantity and form of medical cannabis maintained at the cultivation center on a daily basis; and

7. The amount of plants being grown at the cultivation center on a daily basis.

b) Each cultivation center is responsible for keeping and maintaining records that clearly reflect all financial transactions and the financial condition of the business. The following records must be kept and maintained on the permitted premises for a five-year period and must be made available for inspection if requested by the Department, and, when applicable, the Illinois Department of Revenue:

1. Purchase invoices, bills of lading, manifests, sales records, copies of bills of sale and any supporting documents, including the items and/or services purchased, from whom the items were purchased, and the date of purchase;

2. If applicable, bank statements and canceled checks for all accounts relating to the cultivation center;

3. Accounting and tax records related to the cultivation center and each producer backer;

4. Records of all financial transactions related to the cultivation center, including contracts and/or agreements for services performed or received that relate to the cultivation center;

5. All employee records, including training, education, discipline, etc.;

6. Soil amendment, fertilizers, pesticides as required by Section 1000.470, or other crop production aids applied to the growing medium or plants or used in the process of growing cannabis;

7. Production records, including:

A) planting, harvest and curing, weighing, destruction of cannabis, creating batches of cannabis-infused products, and packaging and labeling; and

B) disposal of cannabis, cannabis-infused products and waste materials associated with production.

8. Records of each batch of extracts or cannabis-infused products made, including, at a minimum, the usable cannabis or trim, leaves, and other plant matter used (including the total weight of the base product used), any solvents or other compounds utilized, and the product type and the total weight of the end product produced, such as hash oil, shatter, tincture, infused dairy butter, etc.;

9. Transportation records as described in Section 1000.430;

10. Inventory records as described in Section 1000.435;

11. Records of all samples sent to an independent testing lab and/or the Department's lab and the quality assurance test results;

12. All samples provided to anyone or any entity for any purpose; and

13. Records of any theft, loss or other unaccountability of any cannabis seedlings, clones, plants, trim or other plant material, extracts, cannabis-infused products, or other items containing cannabis.

8 Ill. Adm. Code 1000.260 Automated Data Processing (adp) and/or Point-of-Sale (pos) Systems

a) The cultivation center shall keep records within an automated data processing (ADP) and/or point-of-sale (POS) system. The system must include a method for producing legible records that will provide the same information required of that type of record by Section 1000.250. The system must be compatible with the State's system in place at the time.

b) The ADP/POS system is acceptable if it complies with the following guidelines:

1. Provides an audit trail so that details (invoices and vouchers) underlying the summary accounting data may be identified and made available upon request.

2. Provides the opportunity to trace any transaction back to the original source or forward to a final total. If printouts of transactions are not made when they are processed, the system must have the ability to reconstruct these transactions.

3. Has available a full description of the ADP/POS portion of the accounting system. This should show the applications being performed, the procedures employed in each application, and the controls used to ensure accurate and reliable processing.

c) The provisions contained in this Section do not eliminate the requirement to maintain source documents.

8 Ill. Adm. Code 1000.270 Mandatory Signage

a) Each permitted cultivation center must post a sign in a conspicuous location at each entrance of the facility that reads: "PERSONS UNDER 21 YEARS OF AGE NOT PERMITTED ON THESE PREMISES".

b) Each permitted cultivation center must post a sign in a conspicuous location at each entrance of the facility that reads: "THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE".

c) A cultivation center agent must keep his or her identification card visible at all times when on the property of a cultivation center and during the transportation of medical cannabis to a registered dispensary organization. During these times, the cultivation center agent must also provide the identification card upon request of any law enforcement officer engaged in his or her official duties.

d) Any visitor must keep his or her visitor pass visible at all times when on the property of a cultivation center.

8 Ill. Adm. Code 1000.300 Cultivation Center Agents Application; Issuance; Surrender

a) The cultivation center agent application shall be submitted on forms provided by the Department in accordance with the Act and this Part. The application will include instructions for its completion and submission. The application will include requests for information in support of the application needed by the Department in making its determination. If all materials, documentation and information required by the Act and this Part are not submitted, the application will be denied.

b) Each principal officer, board member, employee or agent of a registered cultivation center must apply to the Department for a cultivation center agent identification card. Along with the application, the applicant shall submit:

1. A copy of the applicant's social security card;

2. A copy of the applicant's valid driver's license or state issued identification card;

3. A document verifying the applicant's place of residency, such as a bank statement, cancelled check, insurance policy, etc. The document must contain the applicant's full residence address;

4. A sworn statement that the applicant has not been convicted of an excluded offense in any jurisdiction;

5. Verification from ISP that the applicant's background check has been conducted and that the applicant has not been convicted of an excluded offense;

6. The application fee; and

7. Any additional information requested by the Department.

c) Upon receipt and verification of the information specified in subsection (b), the Department shall:

1. approve or deny the application within 30 days after receipt;

2. issue each cultivation center agent an identification card, within 15 business days after approval, that shall expire one year after the date of issuance; and

3. enter in its record system the registry identification number of the cultivation center where the agent works.

d) No person shall begin working at a cultivation center prior to receiving his or her cultivation center agent identification card.

e) The cultivation center identification card shall contain the following:

1. The name of the cardholder;

2. The date of issuance and expiration;

3. A random 10 digit alphanumeric identification number with at least 4 numbers and 4 letters that are unique to the holder; and

4. A photograph of the cardholder.

f) A registered cultivation center agent is not subject to prosecution, search, or penalty in any manner, and will not be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business licensing board or entity, for working or volunteering for a registered cannabis cultivation center, to perform the actions listed under Section 1000.40. (Section 25 of the Act)

g) A cultivation center agent must keep his or her identification card visible at all times when on the property of a cultivation center and during the transportation of medical cannabis to a registered dispensary organization. (Section 100 of the Act)

h) Upon termination of employment, the cultivation center agent identification cards shall be immediately returned to the cultivation center. The cultivation center shall promptly return the identification cards to the Department.

i) Any cultivation center agent identification card that is lost, destroyed or stolen shall be reported to ISP and the Department immediately upon discovery of the loss, destruction or theft.

j) Upon conviction of an excluded offense, the principal officer, board member or registered agent shall immediately notify the Department and shall surrender his or her identification card to the Department.

8 Ill. Adm. Code 1000.310 Suspension or Revocation of Agent Identification Card

a) The Department may suspend or revoke a cultivation center agent identification card for any of the following reasons:

1. Submission of misleading, incorrect, false or fraudulent information in the application or renewal application;

2. Violation or violations of the requirements of the Act and this Part;

3. Fraudulent use of the identification card;

4. Selling, distributing, transferring in any manner, or giving medical cannabis to any unauthorized person;

5. Tampering with, falsifying, altering, modifying or duplicating an identification card;

6. Failure to notify the Department within 10 business days after becoming aware that the identification card has been lost, stolen or destroyed;

7. Failure to notify the Department within 10 business days after a change in the information provided in the application for an identification card; or

8. Conviction of an excluded offense following the issuance of an identification card.

b) In addition, each of the following shall be grounds for the revocation of a cultivation center identification card:

1. The cultivation center agent is convicted of a felony drug offense in Illinois or of a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority, or another country; or

2. The cultivation center agent is deceased.

8 Ill. Adm. Code 1000.320 Cultivation Center Agent-in-Charge

a) Every cultivation center shall designate, at a minimum, one agent-in-charge. Except as provided in subsection (h), maintaining an agent-in-charge is a continuing requirement for a valid cultivation center permit.

b) Every cultivation center agent-in-charge shall have a valid current cultivation center agent identification card applied for by the cultivation center and issued by the Department, as set forth in Section 1000.300, designating that individual as an agent-in-charge. The application for the identification card with the agent-in-charge designation shall include authorization from a principal officer or board member of the cultivation center granting the designation.

c) The agent-in-charge shall be a full-time officer or employee of the cultivation center and shall participate in cultivation center affairs. Participation in cultivation center affairs includes, but is not limited to, responsibility for the overall operation of the cultivation center. Participation in cultivation center affairs also includes the responsibility of the agent-in-charge for maintaining all files subject to audit or inspection by the Department. These files shall be located within Illinois.

d) The agent-in-charge is responsible for notifying the Department, on forms provided by the Department, of any change of information required to be reported in any application for registration within 10 work days after the change.

e) The agent-in-charge is responsible for maintaining the good standing of the permittee organization with the Secretary of State, if applicable, and for maintaining its authorization to conduct business in Illinois, if applicable.

f) In determining whether an agent-in-charge participates in cultivation center affairs, the Department may consider the responsibilities identified in this Section, the number of employees under the direct supervision of the agent-in-charge, and the employment relationship between the agent-in-charge and the cultivation center, including the existence of a contract for employment and any other relevant fact or circumstance.

g) The agent-in-charge is responsible for notifying the Department, on forms provided by the Department, of a change in the employment status of all cultivation center agents, and the nature and reason for the status change, within 10 work days after the change.

h) Upon written request by an officer or board member of the cultivation center, within 10 days after the loss of an agent-in-charge due to the death or incapacity of that individual or termination of the employment of that individual, the Department shall issue a temporary certificate of authority allowing the continuing operation of the cultivation center. No temporary certificate of authority shall be valid for more than 90 days. An extension of an additional 90 days may be granted upon written request by the representative of the cultivation center. Not more than 2 extensions may be granted to any cultivation center. No temporary permit shall be issued for loss of the agent-in-charge because of disciplinary action by the Department related to his or her conduct on behalf of the cultivation center.

i) The cultivation center agent-in-charge identification card shall expire annually on the date it was issued. The cultivation center shall renew the agent-in-charge identification card annually. The Department shall review the cultivation center's compliance history when determining whether to grant the request to renew.

j) A cultivation center shall submit a full set of fingerprints, in the electronic format outlined in the Act and this Part, with the agent-in-charge's annual identification card renewal.

8 Ill. Adm. Code 1000.330 Denial, Suspension or Revocation of Agent-in-Charge Identification Card

The Department may deny, suspend or revoke a cultivation center agent-in-charge identification card, for any of the reasons for which it can deny, suspend or revoke a cultivation center agent identification card, or for the failure to comply with any additional duty or responsibility imposed upon an agent-in-charge, as set forth in the Act or this Part.

8 Ill. Adm. Code 1000.400 Production Areas - Plants

a) Each facility shall develop and maintain an Operations and Management Practices Plan for each production area.

b) Each production area shall maintain an open aisle on all sides of each plant group to allow for unobstructed travel, observation and inventory of each plant group.

c) Each production area shall be maintained free of debris.

d) Biosecurity measures shall be implemented and maintained at all times.

e) A record of all crop inputs shall be maintained for at least five years at the facility. The record shall include the following (see Section 1000.470(g) for additional requirements for the use of pesticides):

1. The date of application;

2. The name of the individual making the application;

3. The product that was applied;

4. The section, including the square footage, that received the application (by group number);

5. The amount of product that was applied; and

6. A copy of the label of the product applied.

f) At the time of planting, all plants shall be accounted for as a batch with a unique batch number that shall remain with the batch through final packaging.

g) When a plant reaches 18 inches in height, it shall be assigned a specific number and so tagged with an individual tag that will be recorded electronically (RFID) or kept in an electronic file until harvest or destruction. All plants, regardless of accounting strategy, shall be physically inventoried on a weekly basis and records of the inventory shall be kept at the facility for at least 5 years.

h) Any removal of plants from the batch shall be recorded on a permanent record and maintained on site.

i) The batch number shall be displayed on the approved label of the product designated for distribution to a dispensing organization.

j) All persons working in direct contact with medical cannabis shall conform to hygienic practices while on duty, including but not limited to the following:

1. Litter and waste shall be properly removed and the operating systems for waste disposal shall be maintained in an adequate manner so that they do not constitute a source of contamination in areas where cannabis plants are exposed;

2. Floors, walls and ceilings shall be constructed in such a manner that they may be adequately cleaned and kept clean and in good repair;

3. There shall be adequate lighting in all areas where medical cannabis is stored and where equipment or utensils are cleaned;

4. There shall be adequate screening or other protection against the entry of pests. Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for the waste becoming an attractant, harborage or breeding place for pests;

5. Any buildings, fixtures and other facilities shall be maintained in a sanitary condition;

6. Toxic cleaning compounds, sanitizing agents, solvents used in the production of medical cannabis concentrates, and pesticide chemicals shall be identified, held and stored in a manner that protects against contamination of cannabis, and in a manner that is in accordance with any applicable local, State or federal law, rule, regulation or ordinance;

7. Only sanitizing agents registered with the Department pursuant to the Illinois Pesticide Act shall be used in cultivation centers, and they shall be used in accordance with labeled instructions;

8. The water supply shall be sufficient for the operations intended and shall be derived from a source that is a regulated water system. Private water supplies shall be derived from a water source that is capable of providing a safe, potable and adequate supply of water to meet the facility's needs (see Section 1000.465);

9. Plumbing shall be of adequate size and design and adequately installed and maintained to carry sufficient quantities of water to required locations throughout the cultivation center, and it shall properly convey sewage and liquid disposable waste from the facility. There shall be no cross-connections between the potable and waste water lines, pursuant to the Illinois Plumbing Code;

10. All operations in the receiving, inspecting, transporting, segregating, preparing, production, packaging and storing of cannabis or cannabis-infused product shall be conducted in accordance with adequate sanitation principles; and

11. Medical cannabis that can support the rapid growth of undesirable microorganisms shall be held in a manner that prevents the growth of these microorganisms.

8 Ill. Adm. Code 1000.405 Production Areas - Infused or Processed Products

a) Any area within the cultivation center where cannabis will be manufactured into an edible form shall comply with the Illinois Food, Drug and Cosmetic Act, Sanitary Food Preparation Act, and Food Handling Regulation Enforcement Act.

1. No cannabis-infused products requiring refrigeration or hot-holding or considered potentially hazardous food (Section 4 of the Food Handling Regulation Enforcement Act) shall be manufactured at a cultivation center for sale or distribution at a dispensing organization due to the potential for food-borne illness.

2. Cannabis-infused products for sale or distribution at a dispensing organization must be prepared by an approved staff member of a permitted cultivation center.

b) The Department of Public Health may at all times enter every building, room, basement, enclosure, or premises occupied or used or suspected of being occupied or used for the production, preparation, manufacture for sale, storage, sale, distribution or transportation of medical cannabis-infused products, to inspect the premises and all utensils, fixtures, furniture, and machinery used for the preparation of these products.

c) If a local health department has a reasonable belief that a cultivation center's cannabis-infused product poses a public health hazard, it may refer the cultivation center to the Department of Public Health for inspection. (Section 80 of the Act)

d) General Sanitary Requirements. All areas permitted in the cultivation center for the production of cannabis-infused products shall take all reasonable measures and precautions to ensure that:

1. Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores or infected wounds, or any other abnormal source of microbial contamination for whom there is a reasonable possibility of contact with cannabis shall be excluded from any operations that may be expected to result in microbial contamination until the condition is corrected.

2. Hand-washing facilities are adequate and convenient and are furnished with running water at a suitable temperature. Hand-washing facilities shall be located in the permitted premises and where good sanitary practices require employees to wash and/or sanitize their hands, and provide effective hand-cleaning and sanitizing preparations and sanitary towel service or suitable drying devices.

3. All persons working in direct contact with cannabis shall conform to hygienic practices while on duty, including but not limited to:

A) Maintaining adequate personal cleanliness;

B) Washing hands thoroughly in adequate hand-washing areas before starting work and at any other time when the hands may have become soiled or contaminated;

C) Refraining from having direct contact with cannabis if the person has or may have an illness, open lesion, including boils, sores or infected wounds, or any other abnormal source of microbial contamination, until the condition is corrected.

4. Litter and waste are properly removed and the operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where cannabis is exposed.

5. Floors, walls and ceilings are constructed in such a manner that they may be adequately cleaned and kept clean and in good repair.

6. There is adequate lighting in all areas where cannabis is stored and where equipment or utensils are cleaned.

7. There is adequate screening or other protection against the entry of pests. Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for the waste becoming an attractant, harborage or breeding place for pests.

8. Any buildings, fixtures and other facilities are maintained in a sanitary condition.

9. Toxic cleaning compounds, sanitizing agents, and solvents used in the production of cannabis concentrates shall be identified, held and stored in a manner that protects against contamination of cannabis, and in a manner that is in accordance with any applicable local, State or federal law, rule, regulation or ordinance.

10. All contact surfaces, including utensils and equipment used for the preparation of cannabis or cannabis-infused product, shall be cleaned and sanitized as frequently as necessary to protect against contamination. Equipment and utensils shall be designed and shall be of such material and workmanship as to be adequately cleanable, and shall be properly maintained. Only sanitizing agents registered with the Department pursuant to the Illinois Pesticide Act shall be used in cultivation centers; they shall be used in accordance with labeled instructions.

11. The water supply shall be sufficient for the operations intended and shall be derived from a source that is a regulated water system. Private water supplies shall be derived from a water source that is capable of providing a safe, potable and adequate supply of water to meet the facility's needs.

12. Plumbing shall be of adequate size and design, and adequately installed and maintained, to carry sufficient quantities of water to the required locations throughout the facility. Plumbing shall properly convey sewage and liquid disposable waste from the facility. There shall be no cross-connections between the potable and waste water lines.

13. All operations in the receiving, inspecting, transporting, segregating, preparing, producing, packaging and storing of cannabis and cannabis-infused products shall be conducted in accordance with adequate sanitation principles.

14. Each cultivation center shall provide its employees with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and good repair.

15. Cannabis that can support the rapid growth of undesirable microorganisms shall be held in a manner that prevents the growth of these microorganisms.

e) The permittee must request DPH to conduct a pre-operational inspection at all registered cultivation centers to determine whether the facilities, methods, practices and controls used in the manufacture, processing or holding of cannabis-infused products conform to or are operated or administered in conformity with good manufacturing practices to ensure that food products for human consumption are safe and have been prepared, packed and held under sanitary conditions.

f) Permitted cultivation centers shall immediately allow DPH to inspect the premises and all utensils, fixtures, furniture, machinery and devices used for preparing manufactured cannabis-infused products.

g) DPH will conduct inspections of registered cultivation centers with regard to the manufacture and preparation of cannabis-infused products under the authority of the Illinois Food, Drug and Cosmetic Act, the Food Handling Regulation Enforcement Act and the Food Service Sanitation Code and in accordance with DPH's Cannabis-Infused Products rules (77 Ill. Adm. Code 946.Subpart D).

h) A cultivation center that prepares cannabis-infused products for sale or distribution at a dispensing organization shall be under the operational supervision of a certified food service sanitation manager. (Section 80 of the Act) Management responsibilities and supervision shall be in accordance with 77 Ill. Adm. Code 730.8000 and 730.8040 (Manufacturing, Processing, Packing or Holding of Food Code).

8 Ill. Adm. Code 1000.410 Cultivation Center Management and Operations

a) A cultivation center shall:

1. Have storage areas that provide adequate lighting, ventilation, temperature, sanitation, humidity, space, equipment and security conditions for the production and manufacture of cannabis;

2. Separate for storage, in a quarantined area, cannabis that is outdated, damaged, deteriorated, misbranded or adulterated, or whose containers or packaging have been opened or breached, until that cannabis is destroyed pursuant to Section 1000.460;

3. Be maintained in a clean and orderly condition;

4. Be free from infestation by insects, rodents, birds or vermin of any kind; and

5. Produce no products other than useable cannabis and cannabis-infused products intended for human consumption.

b) All areas in the cultivation center shall be compartmentalized based on function, and access shall be restricted between compartments. The facility shall establish, maintain and comply with written policies and procedures provided in the Operational and Management Practice Plan approved by the Department regarding best practices for secure and proper production of cannabis. These shall include, but not be limited to, policies and procedures that:

1. Restrict movement between production compartments;

2. Ensure that only personnel necessary for a production function have access to that compartment of the cultivation center; and

3. Document the chain of custody of all cannabis and cannabis-infused products.

c) Cultivation centers shall establish, maintain and comply with the policies and procedures contained in the Operations and Management Practices Plan, approved by the Department, for the production, security, storage, inventory and distribution of cannabis products. The policies and procedures shall include methods for identifying, recording and reporting diversion, theft and loss, and for correcting all errors and inaccuracies in inventories. Cultivation centers shall include in their written policies and procedures a process for the following:

1. Handling mandatory and voluntary recalls of cannabis or cannabis-infused products. The procedure shall be adequate to deal with:

A) recalls due to any action initiated at the request of the Department and any voluntary action by the cultivation center to remove from the market defective or potentially defective cannabis or cannabis-infused products, or any product that has failed laboratory testing as required by this Part or has been found to have a reasonable probability that its use or exposure will cause serious adverse health consequences; and

B) any action undertaken to promote public health and safety by replacing existing cannabis or cannabis-infused products with improved products or packaging.

2. Preparing for, protecting against, and handling any crises that affect the security or operation of any facility in the event of strike, fire, flood or other natural disaster, or other situations of local, State or national emergency.

3. Ensuring that any outdated, damaged, deteriorated, misbranded or adulterated cannabis is segregated from other cannabis and destroyed. This procedure shall provide for written documentation of the cannabis disposition.

4. Ensuring the oldest stock of a specific desired strain of a cannabis product is distributed first. The procedure may permit deviation from this requirement if the deviation is temporary and appropriate.

8 Ill. Adm. Code 1000.415 Containment Management and Operations

a) All cannabis in the process of production, distribution, transfer or analysis shall be stored in such a manner as to prevent diversion, theft or loss, shall be accessible only to the minimum number of specifically authorized personnel essential for efficient operation, and shall be returned to its secure location immediately after completion of the process or at the end of the scheduled business day. If a production process cannot be completed at the end of a working day, the processing area or tanks, vessels, bins or bulk containers containing cannabis shall be securely locked inside an area that affords adequate security.

b) No person, except cultivation center agents, local law enforcement, the Department or the Department's authorized representative, DPH inspectors, or other federal, State or local government officials when necessary to perform their governmental duties, shall be allowed on the premises of a cultivation center, except that:

1. Laboratory staff may enter a cultivation center for the sole purpose of identifying and collecting cannabis samples for purposes of conducting laboratory tests;

2. Emergency personnel may enter a cultivation center when necessary to perform their duties;

3. Upon written notice to the Department, a cultivation center may allow contractors to enter a cultivation center when they are working on a job unrelated to medical cannabis, such as installing or maintaining security devices or performing electrical wiring; and

4. Upon prior written request, the Department or the Department's authorized representative may permit other persons to enter a cultivation center.

c) All persons who are not cultivation center agents, but who are permitted on the premises of a cultivation center pursuant to subsection (b), shall obtain a visitor identification badge from cultivation center personnel prior to entering the cultivation center, and shall be escorted and monitored at all times by cultivation center personnel. The visitor identification badge shall be visibly displayed at all times while the visitor is in the cultivation center. All visitors, after presenting valid government issued identification with a picture shall be logged in and out, and that log shall include the date, time and purpose of the visit and shall be maintained and made available to the Department, at any time, for a period of five years. All visitor identification badges shall be returned to the cultivation center personnel upon the visitor exiting the cultivation center.

d) Except as otherwise provided by this Part (e.g., see Section 1000.445), the use and/or possession of cell phones, cameras and any other audio or video recording device by any cultivation center agent, visitor or other individual shall be prohibited inside the production area of a cultivation center, except when used for legitimate business purposes of the cultivation center, such as, but not limited to, communication with employees and the identification of plant disease with off-site experts.

8 Ill. Adm. Code 1000.420 Packaging and Labeling of Medical Cannabis and Cannabis-Infused Products

a) Each cannabis product produced for sale shall be registered with the Department on forms provided by the Department. Each product registration shall include a label and the required registration fee (Section 1000.140). The registration fee is for the name of the product offered for sale and one fee shall be sufficient for all package sizes.

b) All harvested cannabis intended for distribution to a dispensing organization must be packaged in a sealed, labeled, medical cannabis container.

c) Packaging of any product containing cannabis shall be child-resistant and light-resistant consistent with current standards, including the Consumer Product Safety Commission standards referenced by the Poison Prevention Act.

d) Each cannabis product shall be labeled by the cultivation center prior to sale to a dispensary and each label shall be securely affixed to the package and shall state in legible English:

1. The name and P.O. Box of the registered cultivation center where the item was manufactured;

2. The common or usual name of the item and the registered name of the cannabis product that was registered with the Department pursuant to subsection (a);

3. A unique serial number that will match the product with a producer batch and lot number to facilitate any warnings or recalls the Department or producer deems appropriate;

4. The date of final testing and packaging, if sampled, and the identification of the independent testing laboratory;

5. The date of manufacture and "use by" date;

6. The quantity (in ounces or grams) of cannabis contained in the product;

7. A pass/fail rating based on the laboratory's microbiological, mycotoxins, and pesticide and solvent residue analyses, if sampled;

8. Content List

A) A list of the following, including the minimum and maximum percentage content by weight for subsections (d)(8)(A)(i) through (iv):

i) delta-9-tetrahydrocannabinol (THC);

ii) tetrahydrocannabinolic acid (THCA);

iii) cannabidiol (CBD);

iv) cannabidiolic acid (CBDA); and

v) any other ingredients besides cannabis.

B) The acceptable tolerances for the minimum percentage printed on the label for any of subsections (d)(8)(A)(i) through (iv) shall not be below 85% or above 115% of the labeled amount;

9. A statement that the product is for medical use and not for resale or transfer to another person.

e) Medical Cannabis-Infused Products. All items shall be individually wrapped or packaged at the original point of preparation. The packaging of the medical cannabis-infused product shall conform to the labeling requirements of the Illinois Food, Drug and Cosmetic Act and, in addition to the other requirements set forth in this Section, shall include the following information in English on each product offered for sale or distribution:

1. All ingredients of the item, including any colors, artificial flavors and preservatives, listed in descending order by predominance of weight shown with common or usual names;

2. The following phrase: "This product was produced in a medical cannabis cultivation center not subject to public health inspection that may also process common food allergens.";

3. Allergen labeling as specified in the Federal Food, Drug and Cosmetics Act, Federal Fair Packaging and Labeling Act, and the Illinois Food, Drug and Cosmetic Act;

4. The pre-mixed total weight (in ounces or grams) of usable cannabis in the package (the pre-mixed weight of medical cannabis used in making a cannabis-infused product shall apply toward the limit on the total amount of medical cannabis a registered qualifying patient may possess at any one time);

5. A warning that the item is a medical cannabis-infused product and not a food must be distinctly and clearly legible on the front of the package;

6. A clearly legible warning emphasizing that the product contains medical cannabis and is intended for consumption by registered qualifying patients only;

7. Ingredients List

A) A list of the following ingredients, including the minimum and maximum percentage content by weight for subsections (e)(7)(A)(i) through (iv):

i) delta-9-tetrahydrocannabinol (THC);

ii) tetrahydrocannabinolic acid (THCA);

iii) cannabidiol (CBD);

iv) cannabidiolic acid (CBDA); and

v) any other ingredients besides cannabis.

B) The acceptable tolerances for the minimum percentage printed on the label for any of subsections (e)(7)(A)(i) through (iv) shall not be below 85% or above 115% of the labeled amount.

f) THC and CBD Container Content and Restriction

Each individually packaged medical cannabis-infused product, even if comprised of multiple servings, shall include the total milligram content of THC and CBD and may not include more than a total of 100 milligrams of active THC.

g) The label shall not contain any of the following information:

1. Any false or misleading statement or design;

2. Any seal, flag, crest, coat of arms or other insignia likely to mislead the qualified patient to believe that the product has been endorsed, made or used by the State of Illinois or any of its representatives; or

3. Depictions of the product, cartoons or images other than the cultivation center's logo. Medical cannabis-infused products shall not bear a reasonable resemblance to any product available for consumption as a commercially available candy.

h) It is a violation for anyone other than the end user to alter, obliterate or destroy any label attached to a medical cannabis container to administer the product.

i) For each commercial weighing and measuring equipment device used at a facility, the cultivation center must:

1. Ensure that the commercial device is licensed pursuant to the Weights and Measures Act and the associated administrative rules (8 Ill. Adm Code 600);

2. Maintain documentation of the licensure of the commercial device; and

3. Provide a copy of the license of the commercial device to the Department for review upon request.

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1000 Compassionate Use of Medical Cannabis Pilot Program

8 Ill. Adm. Code 1000.425 Advertising

Cultivation centers may not advertise through any public medium, including but not limited to newspapers, television, radio or any means designed to market its products to the public. Cultivation centers may market their products directly to registered dispensaries or physicians through direct mail, brochures or other means directed solely to the dispensaries and not available to the public.

8 Ill. Adm. Code 1000.430 Transportation of Cannabis and Cannabis-Infused Products

a) Prior to transporting any cannabis or cannabis-infused product, a cultivation center shall:

1. Complete a shipping manifest using a form prescribed by the Department; and

2. Securely transmit a copy of the manifest to the dispensary facility that will receive the products and to the Department before the close of business the day prior to transport. The manifest shall be made available to the ISP upon request.

b) The cultivation center shall maintain all shipping manifests and make them available at the request of the Department.

c) Cannabis products that are being transported shall:

1. Only be transported in a locked, safe and secure storage compartment that is part of the motor vehicle transporting the cannabis, or in a locked storage container that has a separate key or combination pad; and

2. Not be visible from outside the motor vehicle.

d) Any motor vehicle transporting cannabis shall travel directly from the cultivation center to the dispensary facility, or a testing laboratory, and shall not make any stops in between except to other dispensary facilities or laboratories, for refueling or, in case of an emergency. In case of emergency, the agents will report the emergency immediately to law enforcement through the 911 emergency system and the cultivation center, which will immediately notify the Department.

e) A cultivation center shall ensure that all delivery times and routes are randomized.

f) A cultivation center shall staff all transport motor vehicles with a minimum of two employees. At least one delivery team member shall remain with the motor vehicle at all times that the motor vehicle contains cannabis.

g) Each delivery team member shall have access to a secure form of communication with personnel at the cultivation center and the ability to contact law enforcement through the 911 emergency system at all times that the motor vehicle contains cannabis.

h) Each delivery team member shall possess his or her department issued identification card at all times when transporting or delivering cannabis and shall produce it for the Department or Department's authorized representative or law enforcement official upon request.

8 Ill. Adm. Code 1000.435 Inventory

a) Each cultivation center, prior to commencing business, shall:

1. Conduct an initial comprehensive inventory of all cannabis at the facility. If a cultivation center commences business with no cannabis on hand, the cultivation center shall record this fact as the initial inventory; and

2. Establish ongoing inventory controls and procedures for the conduct of inventory reviews and comprehensive inventories of cannabis, which shall enable the cultivation center to detect any diversion, theft or loss in a timely manner.

b) Upon commencing business, each cultivation center shall conduct a weekly inventory of cannabis stock, which shall include, at a minimum:

1. the date of the inventory;

2. a summary of the inventory findings;

3. the name, signature and title of the individuals who conducted the inventory and the agent-in-charge who oversaw the inventory; and

4. the product name and quantity of cannabis plants or cannabis-infused products at the facility.

c) The record of all medical cannabis sold or otherwise disposed of shall show:

1. the date of sale;

2. the name of the dispensary facility to which the medical cannabis was sold;

3. the batch number, product name and quantity of cannabis sold; and

4. if applicable, the date, quantity, manner in which and reason why any cannabis was destroyed.

d) A complete and accurate record of all plant stock or products of cannabis on hand shall be prepared annually on the anniversary of the initial inventory, or other date that the cultivation center agent-in-charge may choose, so long as it is not more than one year following the prior year's inventory.

e) All inventories, procedures and other documents required by this Section shall be maintained on the premises and made available to the Department at all times.

f) Whenever any sample or record is removed by a person authorized to enforce this Part, that person shall tender a receipt in lieu of the sample or record. The receipt shall be kept for five years.

8 Ill. Adm. Code 1000.440 Cultivation Center Storage

a) A cultivation center shall:

1. Not produce or maintain cannabis in excess of the quantity required for normal, efficient operation;

2. Store all cannabis and cannabis-infused products in a safe, vault or secured room and in such a manner as to prevent diversion, theft or loss;

3. Maintain all cannabis that is not part of a finished product in a secure area or location within the cultivation center accessible only to specifically authorized personnel, which shall include only the minimum number of employees essential for efficient operation;

4. Keep all approved safes, vaults, or other equipment or areas used for the production or storage of cannabis securely locked or protected from entry, except for the actual time required to remove or replace cannabis;

5. Keep all locks and security equipment in good working order;

6. Not allow keys to be left in the locks and not store or place keys in a location accessible to persons other than specifically authorized personnel;

7. Not allow other security measures, such as combination numbers, passwords or electronic or biometric security systems, to be accessible to persons other than specifically authorized personnel; and

8. Keep the cultivation center securely locked and protected from unauthorized entry at all times.

b) If a cultivation center presents special security issues, such as extremely large stock of cannabis, exposed handling or unusual vulnerability to diversion, theft or loss, the Department may require additional safeguards, such as supervised watchman service.

c) If a loss, theft or diversion of cannabis has occurred from a cultivation center, the cultivation center shall notify the Department and the nearest ISP District immediately. The Department and ISP shall determine the appropriate storage and security requirements for all cannabis in the cultivation center, and may require additional safeguards to ensure the security of the cannabis. If a reduction in the amount of medical cannabis in the cultivation center's inventory is due to suspected criminal activity, the cultivation center shall immediately report the reduction to the Department and ISP, which may then notify local law enforcement.

d) Any cultivation center whose permit is revoked or not renewed shall dispose of its entire stock of cannabis under conditions approved by the Department.

e) Any area of a cultivation center containing cannabis, including a room with an approved safe or approved vault, shall have a sign posted at all entryways, which shall be a minimum of 12 inches in height and 12 inches in length and shall state: "Do Not Enter − Limited Access Area – Access Limited to Authorized Personnel Only" in lettering no smaller than one inch in height.

f) Notwithstanding the requirements of this Section, nothing shall prohibit members of the Department, local law enforcement or other federal, State or local government officials from entering any area of a cultivation center if necessary to perform their governmental duties, or persons authorized by the Department (see Section 1000.415(b)).

g) Cultivation centers shall provide current copies of cultivation center floor plans to ISP and local law enforcement that have jurisdiction in the area where the cultivation center is located.

8 Ill. Adm. Code 1000.445 Electronic Security System

a) A cultivation center shall be required to operate and maintain in good working order a 24 hour, seven days a week, closed-circuit television (CCTV) surveillance system on the premises that complies with the following minimum standards:

1. Visually records and monitors all building entrances and exits, all parking lot areas, and rear alley areas immediately adjacent to the building, and covers the entire inside of the facility, including all limited access areas and all areas where cannabis is produced, stored, shipped or destroyed, but does not include restrooms nor the executive office. Fixed cameras shall be installed to provide a consistent recorded image of these areas. The cultivation center shall instruct the company or individuals installing the surveillance cameras to maximize the quality of facial and body images and to avoid backlighting and physical obstructions.

2. Cameras installed outdoors and in low-light interior areas shall be day/night cameras with a minimum resolution of 600 lines per inch (analog) or D1 (IP) and a minimum light factor requirement of 0.7 LUX. The installation of additional lighting may be required to increase picture clarity and brightness. Cameras shall be calibrated and focused to maximize the quality of the recorded image.

3. The recording device shall be digital and meet the following minimum standards:

A) Displays a date and time stamp on all recorded video.

B) Can produce a digital video disc using an installed media recording drive. The video on the disc shall be viewable on any Windows PC, and shall include any required player software on the disc.

C) The ability to remain operational during a power outage.

D) Allow for the exporting of still images in an industry standard image format, including .jpg, .bmp and .gif. Exported video shall have the ability to be archived in a proprietary format that ensures authentication of the video and guarantees that no alteration of the recorded image has taken place. Exported video shall also have the ability to be saved in an industry standard file format that can be played on a standard computer operating system. All recordings shall be erased or destroyed prior to disposal.

4. A display monitor with a minimum screen size of 12 inches shall be connected to the electronic recording security system at all times.

5. Electronic recording security systems are required to be maintained in good working order at all times. The owner of a cultivation center shall instruct each manager, employee or agent overseeing the functioning of the video recording security system to immediately report to the agent-in-charge any malfunctioning or technical problems with the system.

6. Security recordings shall meet the following minimum requirements:

A) The recorded image resolution shall be at least D1; and

B) The recorded image frame rate shall be at least three frames per second during alarm or motion based recording.

7. Security recordings shall be retained by the cultivation center for a minimum of 90 days at the permitted premises and an additional 90 days off site (e.g., cloud storage). The recording system for the security cameras must be located in a locked, tamper-proof compartment. A cultivation center shall be prohibited from taping over existing security video from the last 60 days.

8. Have available a video printer capable of immediately producing a clear still photo from any video camera image.

9. Upon request, the recording or any photo shall be turned over to ISP or the Department.

b) Access to surveillance areas shall be limited to persons who are essential to surveillance operations, law enforcement agencies, security system service personnel, the Department, and others when approved by the Department. A current list of authorized employees and service personnel that have access to the surveillance room must be available to the Department upon request. Surveillance rooms shall remain locked.

c) The electronic security system shall be available 24 hours per day, 7 days per week, to the Department and law enforcement agencies via a secure web-based portal.

8 Ill. Adm. Code 1000.450 Alarm System

a) A cultivation center shall install, maintain and use a professionally monitored robbery and burglary alarm system meets the following requirements:

1. At a minimum, the system shall provide coverage of all facility entrances and exits, rooms with exterior windows, rooms with exterior walls, roof hatches, skylights and storage rooms that contain safes.

2. Duress alarm, which means a silent security alarm system signal generated by the entry of a designated code into an arming station in order to signal that the alarm user is being forced to turn off the system.

3. Panic alarm, which means an audible security alarm system signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring law enforcement response.

4. Holdup alarm, which means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress.

5. Automatic voice dialer, which means any electrical, electronic, mechanical or other device capable of being programmed to send a prerecorded voice message requesting dispatch, when activated, over a telephone line, radio or other communication system to a law enforcement, public safety or emergency services agency.

6. A failure notification system that provides an audible, text or visual notification of any failure in the surveillance system. The failure notification system shall provide an alert to the cultivation center, within five minutes after the failure, by telephone, email or text message.

7. The ability to remain operational during a power outage and ensure all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during power outage.

b) The system shall be inspected and all devices tested annually by a qualified alarm vendor.

8 Ill. Adm. Code 1000.455 Hours of Operation

a) A cultivation center shall not be open to the public.

b) A cultivation center may operate its business 24 hours a day.

c) A cultivation center may deliver to licensed medical cannabis dispensaries only between the hours of 7 a.m. and 9 p.m.

d) A cultivation center shall only allow on the permitted premises those set forth in Section 1000.415(b) and (c).

e) The Department may further limit the hours of operation for a cultivation center on a case-by-case basis as the result of the cultivation center's failure to comply with the Act or this Part or for any other reason that the Department deems the limit to be necessary.

8 Ill. Adm. Code 1000.460 Waste Disposal

a) Cannabis Waste. Cannabis waste must be stored, secured, locked and managed in accordance with State regulations and as submitted and approved in the cultivation center's Operations and Management Practices Plan.

b) Liquid Waste. Liquid waste from a cultivation center shall be disposed of in compliance with the Illinois Environmental Protection Act and 35 Ill. Adm. Code.

c) Hazardous Waste. Disposal of hazardous and chemical waste must be conducted in a manner consistent with federal, State and local laws.

d) Cannabis waste must be rendered unusable following the methods set forth in this Section prior to leaving a cultivation center. Disposal of the cannabis waste rendered unusable must follow the methods in this Section.

e) A cultivation center must provide the Department and ISP, through the traceability system (see Section 1000.400), a minimum of seven days' notice prior to rendering the product unusable and disposing of the product.

f) The allowable method to render cannabis plant waste unusable is by grinding and incorporating the cannabis plant waste with other ground materials so the resulting mixture is at least 50% non-cannabis waste by volume. Other methods to render cannabis waste unusable must be approved by the Department before implementation. Material used to grind with the cannabis falls into two categories: compostable waste and noncompostable waste.

1. Compostable Mixed Waste: Cannabis waste to be disposed of as compost, feedstock or in another organic waste method (e.g., anaerobic digester) may be mixed with the following types of waste materials:

A) Food waste;

B) Yard waste;

C) Vegetable based grease or oils; or

D) Other wastes approved by the Department (e.g., agricultural material, biodegradable products and paper, clean wood, fruits and vegetables, plant matter).

2. Noncompostable Mixed Waste: Cannabis waste to be disposed of in a landfill or another disposal method (e.g., incinerator) may be mixed with the following types of waste materials:

A) Paper waste;

B) Cardboard waste;

C) Plastic waste;

D) Soil; or

E) Other wastes approved by the Department (e.g., nonrecyclable plastic, broken glass, leather).

g) Cannabis waste rendered unusable following the methods described in this Section may be disposed of in the manner provided in this subsection (g). Disposal of the cannabis waste rendered unusable may be delivered to a permitted solid waste facility for final disposition. Examples of acceptable permitted solid waste facilities include:

1. Compostable Mixed Waste: Compost, anaerobic digester, or other facility with approval of the jurisdictional health department.

2. Noncompostable Mixed Waste: Landfill, incinerator, or other facility with approval of the jurisdictional health department.

h) All waste and unusable product shall be weighed, recorded and entered into the inventory system prior to mixing and disposal. Verification of this event shall be performed by a supervisor and conducted in an area with video surveillance.

i) Any nutrient enriched grow media shall be disposed of as required by the Illinois Environmental Protection Act and the associated rules, or land applied at agronomic rates.

8 Ill. Adm. Code 1000.465 Connections to the Potable Water Supply

a) General: Potable water supply lines shall not be connected to process water lines, chemical lines or equipment, unless proper backflow protection is installed.

b) Water service lines that connect a cultivation center to a community public water supply shall include either a reduced pressure principle backflow preventer or a fixed proper air gap, in accordance with 35 Ill. Adm. Code 653.803(c)(4).

c) Water service lines that connect a cultivation center to a potable water supply other than a community public water supply shall include either a reduced pressure principle backflow preventer or a fixed proper air gap, in accordance with the Illinois Plumbing Code.

d) Installation, maintenance and inspection of backflow prevention devices shall be carried out in accordance with 35 Ill. Adm. Code 651 and 653 or the Illinois Plumbing Code, whichever is applicable.

8 Ill. Adm. Code 1000.470 Pesticide Usage

a) All pesticides applied at a cultivation center shall be from the Department's approved list, which will be reflected as a schedule in the application and on the Department's website. Updates to the approved list will be posted on the Department's website and permittees will be notified electronically.

b) All pesticide products shall be registered with the Department, including those products classified as 25(b) pursuant to the Federal Insecticide Fungicide and Rodenticide Act administered by the USEPA.

c) Any individual who applies pesticide on the premises shall obtain the appropriate license from the Department under the Illinois Pesticide Control Act [415 ILCS 60]. This includes successful completion of the Vegetable Category Examinations (see 8 Ill. Adm. Code 250).

d) No application of pesticides shall be made after the vegetative stage of growth of the cannabis plant.

e) All individuals applying pesticides shall adhere to the agricultural use requirements of the label and shall employ all personal protective equipment prescribed by the label.

f) The cultivation center shall comply with all posting requirements of the worker protection standard for the restricted entry interval (REI) stated on the label.

g) A record of all pesticide applications shall be maintained at the cultivation center for at least five years and shall be made available to the Department, DPH or the ISP upon request. The application record shall include the following information:

1. Date and time of application;

2. Date of start of vegetative stage of growth;

3. USEPA Registration Number;

4. Product name;

5. Application site (the site shall be identified by the location legend maintained by the facility);

6. Amount applied;

7. Size of the application area;

8. Name of individual making the application;

9. Section for comments or special conditions related to the application.

h) Disposal of all unused pesticide product shall be performed in compliance with all State and federal laws and regulations, which require compliance with all directions on the product label.

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1000 Compassionate Use of Medical Cannabis Pilot Program

8 Ill. Adm. Code 1000.500 Laboratory Approval

a) No laboratory shall handle, test or analyze cannabis unless approved by the Department in accordance with this Section. A list of approved laboratories will be made available by the Department on its website.

b) No laboratory shall be approved to handle, test or analyze cannabis unless the laboratory:

1. Is accredited by a private laboratory accrediting organization;

2. Is independent from all other persons involved in the cannabis industry in Illinois, which shall mean that no person with a direct or indirect interest in the laboratory shall have a direct or indirect financial, management or other interest in a dispensary, dispensary facility, cultivation center, certifying physician or any other entity that may benefit from the production, manufacture, dispensing, sale, purchase or use of cannabis; and

3. Has employed at least one person to oversee and be responsible for the laboratory testing who has earned, from a college or university accredited by a national or regional certifying authority, at least:

A) a master's level degree in chemical or biological sciences and a minimum of two years post-degree laboratory experience; or

B) a bachelor's degree in biological sciences and a minimum of four years post-degree laboratory experience.

c) Each independent testing laboratory that claims to be accredited must provide the Department with a copy of the most recent annual inspection report granting accreditation and every annual report thereafter.

8 Ill. Adm. Code 1000.510 Laboratory Testing

a) Immediately prior to manufacturing or natural processing of any cannabis or cannabis-infused product or packaging cannabis for sale to a dispensary, each batch shall be made available at the cultivation center for an employee of an approved laboratory to select a random sample, which shall be tested by the approved laboratory for:

1. microbiological contaminants;

2. mycotoxins;

3. pesticide active ingredients;

4. residual solvent; and

5. purposes of conducting an active ingredient analysis.

b) The Department may select a random sample that shall, for the purposes of conducting an active ingredient analysis, be tested by the Department for verification of label information.

c) A laboratory shall immediately return or dispose of any cannabis upon the completion of any testing, use or research. If cannabis is disposed of, it shall be done in compliance with Section 1000.460.

d) If a sample of cannabis does not pass the microbiological, mycotoxin, pesticide chemical residue or solvent residue test, based on the standards set forth in this Section, the following shall apply:

1. If the sample failed the pesticide chemical residue test, the entire batch from which the sample was taken shall, if applicable, be recalled as provided for in Section 1000.410(c)(1) and disposed of in accordance with Section 1000.460.

2. If the sample failed any other test, the batch may be used to make a CO2 or solvent based extract. After processing, the CO2 or solvent based extract must still pass all required tests

e) Microbiological Test: For purposes of the microbiological test, a cannabis sample shall be deemed to have passed if it satisfies the recommended microbial and fungal limits for cannabis products in colony forming units per gram (CFU/g) set out in the American Herbal Pharmocopoeia Monograph Table as follows:

Total viable aerobic bacteria

Total yeast and mold

Total

coliforms

Bile-tolerant

gram-negative

bacteria

E. coli (pathogenic strains) and Salmonella spp.

CO2 and solvent based extracts

104

103

102

102

Not detected in 1 g

Unprocessed materials include minimally processed crude cannabis preparations such as inflorescences, accumulated resin glands (kief), and compressed resin glands (hashish). Processed materials include various solid or liquid infused edible preparations, oils, topical preparations, and water-processed resin glands (bubble hash).

f) Mycotoxin Test: For purposes of the mycotoxin test, a cannabis sample shall be deemed to have passed if it meets the following standards:

Test Specification

Aflatoxin B1 <20 μg/kg of substance

Aflatoxin B2 <20 μg/kg of substance

Aflatoxin G1 <20 μg/kg of substance

Aflatoxin G2 <20 μg/kg of substance

Ochratoxin A <20 μg//kg of substance

g) Pesticide Chemical Residue Test: For purposes of the pesticide chemical residue test, a cannabis sample shall be deemed to have passed if it satisfies the most stringent acceptable standard for a pesticide chemical residue in any food item as set forth in subpart C of USEPA's regulations for Tolerances and Exemptions for Pesticide Chemical Residues in Food (40 CFR 180 (2014)).

h) Residue Solvent Test: For purposes of the residue solvent test, a cannabis sample shall be below 10 ppm.

i) The laboratory shall file with the Department an electronic copy of each laboratory test result for any batch that does not pass the microbiological, mycotoxin, or pesticide chemical residue test, at the same time that it transmits those results to the cultivation center. In addition, the laboratory shall maintain the laboratory test results for at least five years and make them available at the Department's request.

j) A cultivation center shall provide to a dispensary organization the laboratory test results for each batch of cannabis product purchased by the dispensary organization, if sampled. Each dispensary organization shall have that laboratory results available upon request to qualifying patients, designated caregivers and a physician who has certified a qualifying patient.

8 Ill. Adm. Code 1000.600 Closure of a Cultivation Center

The cultivation center shall notify the Department, ISP and local law enforcement having jurisdiction if the cultivation center will be closing or if the cultivation center does not intend to renew its permit. This notification shall occur immediately after the closure decision has been made, prior to any product destruction or removal, and, in no event, less than six months prior to the effective date of the closure.

8 Ill. Adm. Code 1000.700 Investigations; Administrative Hearings and Penalties

a) Any hearing conducted by the Department pursuant to the Act shall be conducted in accordance with the Department's rules applicable to formal administrative proceedings (8 Ill. Adm. Code 1.Subparts A and B). All such hearings shall be held in Springfield, Illinois or such other location as mutually agreed to by the Department and the other party.

b) The Department or its designee may conduct an investigation for the purpose of investigating an applicant or application, a cultivation center, cultivation center agent, agent-in-charge or any other party for an alleged violation of the Act or this Part or to determine qualifications to be granted a permit or registration by the Department.

c) The Department may require an applicant, cultivation center, or cultivation center agent or agent-in-charge to produce relevant documents, records or any other material pertinent to the investigation of alleged violations of the Act or this Part. Failure to provide that material shall be grounds for disciplinary action.

d) Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, the Department may revoke, suspend, place on probation, reprimand, issue cease and desist orders, refuse to issue or renew a registration or permit, or take any other disciplinary or non-disciplinary action as the Department may deem proper with regard to a permitted cultivation center or cultivation center agent or agent-in-charge.

e) The Department may impose fines not to exceed $50,000 for each violation, for any violations of the Act or this Part.

f) Violation of any provision of the Act or this Part, or failure to comply with any standard or special conditions of the issued permit, may result in a notice of intent to suspend or revoke a cultivation center permit or the registration of a cultivation center agent or agent-in-charge.

g) The Department shall, before refusing to issue or renew a permit or agent registration or seeking to discipline a permittee or cultivation center agent or agent-in-charge, at least 30 days before the date set for the hearing, notify in writing the applicant, cultivation center, or cultivation center agent or agent-in-charge of the charges made and the time and place for the hearing on the charges. The written notice may be served by delivery personally to the accused, or by mailing the notice by registered or certified mail to the cultivation center's physical address.

h) At any point in any investigation or disciplinary proceeding provided for in the Act and this Section, both parties may agree to a negotiated consent order. The consent order shall be final upon signature of both parties.

i) The Department may temporarily suspend a permittee or cultivation center agent or agent-in-charge without a hearing, simultaneously with the institution of proceedings for a hearing, if the Department finds that the public interest, safety or welfare requires emergency action. In the event that the Department temporarily suspends a permittee or agent without a hearing, a hearing shall be held within 30 days after the suspension has occurred. The suspended party may seek a continuance of the hearing, during which the suspension shall remain in effect. The proceeding shall be concluded without appreciable delay. If the Department does not hold a hearing within 30 days after the date of the suspension, and the permittee or agent has not requested a continuance, the permit shall be automatically reinstated.

j) In appropriate cases, the Department may resolve a complaint against a permittee or agent through the issuance of a Consent to Administrative Supervision order. A permittee or agent subject to a Consent to Administrative Supervision order shall be considered by the Department as an active permittee or agent in good standing. This order shall not be reported or considered by the Department to be a discipline of the permittee or agent. The records regarding an investigation and a Consent to Administrative Supervision order shall be considered confidential and shall not be released by the Department except as mandated by law. A complainant shall be notified if his or her complaint has been resolved by a Consent to Administrative Supervision order.

k) The respondent in any contested case may request reconsideration of any part or all of the decision of the administrative law judge on any petition or may request the Director to stay the effective date of any administrative action for a specific period or for an indefinite period. A petition for reconsideration or stay of action shall be submitted within 30 days after the date of the administrative law judge's decision on the case. A petition for reconsideration or stay of action submitted later than 30 days after the date of the decision involved shall be denied as untimely.

l) All final administrative decisions of the Department are subject to judicial review under the Administrative Review Law and its rules. The term "administrative decision" is defined in Section 3-101 of the Code of Civil Procedure.

m) Immediately upon the suspension, revocation or reinstatement of a permit, the Department shall make written notification to the ISP, DFPR and Department of Revenue of the status of the permit. If the suspension or revocation involves suspected criminal activity, the Department shall make available to ISP all documents or electronic communications involving the suspected criminal activity. If suspected criminal activity is confirmed or independently discovered by ISP, notification will be made to the Department.

n) If any final Department action is appealed in Circuit Court pursuant to this Section, the record on review shall include the following:

1. The application or petition submitted;

2. Any written documentation considered by the Department in making its final decision with respect to the application or petition;

3. Any written correspondence between the Department and the person or entity submitting the application or petition, provided that the correspondence either played a material role in the final decision rendered by the Department; made a material argument to the Department with respect to the application or petition; or would be helpful to the Circuit Court in reviewing the matter because the correspondence provides helpful procedural background.

4. The transcript of any administrative hearing and any documents or other evidence submitted at the hearing.

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1000 Compassionate Use of Medical Cannabis Pilot Program

8 Ill. Adm. Code 1000.APPENDIX A Authorized Pesticides

The following is a list of pesticide active ingredients the Department has approved for use on cannabis plants. The pesticide product shall be registered with the Department under the Illinois Pesticide Control Act.

Label Type

Signal Word

Active Ingredient

Concentration

Insect Repellent

Caution

Azadirachtin

0.09%

Insecticide

Caution

Azadirachtin

0.09%

Insecticide

Caution

Azadirachtin

0.60%

Nematicide

Caution

Azadirachtin

0.60%

Fungicide

Caution

Azadirachtin

0.70%

Insect Repellent

Caution

Azadirachtin

0.70%

Insecticide

Caution

Azadirachtin

0.70%

Nematicide

Caution

Azadirachtin

0.70%

Insecticide

Caution

Azadirachtin

1.00%

Insect Repellent

Caution

Azadirachtin

1.20%

Insecticide

Caution

Azadirachtin

1.20%

Nematicide

Caution

Azadirachtin

1.20%

Insecticide

Caution

Azadirachtin

3.00%

Nematicide

Caution

Azadirachtin

3.00%

Nematicide

Warning

Azadirachtin

3.00%

Insect Repellent

Caution

Azadirachtin

4.50%

Insecticide

Caution

Azadirachtin

4.50%

Insecticide

Caution

Azadirachtin

6.00%

Nematicide

Caution

Azadirachtin

6.00%

Fungicide

Caution

Bacillus pumilus strain GHA 180

0.00%

PGR - Growth Stimulator

Caution

Bacillus pumilus strain GHA 180

0.00%

Fungicide

Caution

Bacillus subtilis MBI 600

0.00%

PGR - General

Caution

Bacillus subtilis MBI 600

0.00%

Fungicide

Caution

Bacillus subtilis MBI 600

9.90%

Fungicide

Caution

Bacillus subtilis GB03

0.03%

Fungicide

Caution

Bacillus subtilis QST713 Strain

0.07%

Fungicide

Caution

Bacillus subtilis QST713 Strain

1.34%

Fungicide

Caution

Bacillus subtilis QST713 Strain

14.60%

Fungicide

Caution

Bacillus subtilis var. amyloliquefaciens strain D747 TGAI

25.00%

Fungicide

Caution

Bacillus subtilis var. amyloliquefaciens strain D747 TGAI

98.85%

Insecticide

Caution

Bacillus thuringiensis ssp. aizawai

54%

Insecticide

Caution

Bacillus thuringiensis ssp. israelensis

6.38%

Insecticide

Caution

Bacillus thuringiensis ssp. kurstaki 1

17.19%

Insecticide

Caution

Bacillus thuringiensis ssp. kurstaki 1

54%

Insecticide

Caution

Bacillus thuringiensis ssp. kurstaki 1

58.20%

Insecticide

Caution

Bacillus thuringiensis ssp. kurstaki 7841

40.00%

Insecticide

Caution

Bacillus thuringiensis ssp. kurstaki strain SA-12

9.83%

Insecticide

Caution

Canola Oil

1.00%

Insecticide

Caution

Canola Oil

89.50%

Fungicide

Caution

Canola Oil

96.00%

Insecticide

Caution

Canola Oil

96.00%

Insecticide

Caution

Chromobacterium sub strain PRAA4-1 cells

30.00%

Insecticide

Caution

Chromobacterium sub strain PRAA4-1 cells

94.50%

Insect Repellent

Caution

Cinnamon

0.03%

Insecticide

Caution

Cinnamon

0.03%

Fungicide

Caution

Cinnamon Oil

0.20%

Insect Repellent

None

Cinnamon Oil

0.20%

Insecticide

Caution

Cinnamon Oil

0.20%

Insecticide

None

Cinnamon Oil

0.20%

Fungicide

Caution

Cinnamon Oil

4%

Insecticide

Caution

Cinnamon Oil

4%

Insecticide

Caution

Citric Acid

0.10%

Fungicide

Danger

Citric Acid

99%

Insecticide

Warning

Citronella Oil

0.42%

Fungicide

Caution

Clarified Hydrophobic Extract of Neem Oil

70.00%

Insecticide

Caution

Clarified Hydrophobic Extract of Neem Oil

70.00%

Fungicide

Caution

Copper Octanoate

0.08%

Fungicide

Caution

Copper Octanoate

10%

Fungicide

Caution

Corn Oil

0.30%

Fungicide

Caution

Corn Oil

30%

Fungicide

Caution

Cottonseed Oil

0.30%

Insecticide

Caution

Cottonseed Oil

0.40%

Fungicide

Caution

Cottonseed Oil

3%

Insecticide

Caution

Cottonseed Oil

3%

Fungicide

Caution

Cottonseed Oil

30%

Insecticide

Caution

Cottonseed Oil

40%

PGR - Crop Quality

Caution

Cytokinins

0.01%

PGR - General

Caution

Cytokinins

0.01%

PGR - Growth Stimulator

Caution

Cytokinins

0.02%

Nematicide

Caution

Dried Ferm. Slds/Slbs of Myrothecium verrucaria

90%

Insecticide

Warning

Farnesol

0.17%

Insect Repellent

Caution

Garlic Oil/Powder

0.03%

Insecticide

Caution

Garlic Oil/Powder

0.03%

Insecticide

Caution

Garlic Oil/Powder

0.10%

Fungicide

Caution

Garlic Oil/Powder

0.23%

Fungicide

Caution

Garlic Oil/Powder

3.00%

Insecticide

Caution

Garlic Oil/Powder

10%

Insect Repellent

Caution

Garlic Oil/Powder

20.00%

Invertebrate Control

Caution

Garlic Oil/Powder

20.00%

Vertebrate Repellent

Caution

Garlic Oil/Powder

20.00%

Fungicide

Caution

Garlic Oil/Powder

23%

Insecticide

Caution

Geraniol

0.30%

Insecticide

Warning

Geraniol

0.42%

PGR - Crop Quality

Caution

Gibberellic Acid

0.00%

PGR - General

Caution

Gibberellic Acid

0.00%

PGR - Crop Quality

Warning

Gibberellic Acid

4%

PGR - General

Caution

Gibberellic Acid

4.00%

PGR - Crop Quality

Caution

Gibberellic Acid

20%

PGR - General

Caution

Gibberellic Acid

20%

PGR - Growth Stimulator

Caution

Gibberellic Acid

20.00%

Fungicide

Caution

Gliocladium virens G-21

12%

Algaecide Slimicide

Danger

Hydrogen Peroxide (Dioxide)

5.34%

Fungicide

Danger

Hydrogen Peroxide (Dioxide)

5.34%

Algaecide Slimicide

Danger

Hydrogen Peroxide (Dioxide)

26.50%

Fungicide

Danger

Hydrogen Peroxide (Dioxide)

26.50%

Algaecide Slimicide

Danger

Hydrogen Peroxide (Dioxide)

27.00%

Algaecide Slimicide

Danger

Hydrogen Peroxide (Dioxide)

27.00%

Disinfectant

Danger

Hydrogen Peroxide (Dioxide)

27.00%

Fungicide

Danger

Hydrogen Peroxide (Dioxide)

27.00%

Algaecide Slimicide

Danger

Hydrogen Peroxide (Dioxide)

27.10%

Fungicide

Danger

Hydrogen Peroxide (Dioxide)

27.10%

Herbicide

Danger

Hydrogen Peroxide (Dioxide)

27.10%

Algaecide Slimicide

Danger

Hydrogen Peroxide (Dioxide)

33.00%

Disinfectant

Danger

Hydrogen Peroxide (Dioxide)

33.00%

Fungicide

Danger

Hydrogen Peroxide (Dioxide)

33.00%

PGR - Crop Quality

Caution

IBA (Indole-3-Butyric Acid)

0.01%

PGR - General

Caution

IBA (Indole-3-Butyric Acid)

0.01%

Fungicide

Caution

IBA (Indole-3-Butyric Acid)

0.01%

PGR - General

Caution

IBA (Indole-3-Butyric Acid)

0.10%

PGR - Growth Stimulator

Caution

IBA (Indole-3-Butyric Acid)

0.10%

PGR - Growth Stimulator

Caution

IBA (Indole-3-Butyric Acid)

0.30%

PGR - Growth Stimulator

Caution

IBA (Indole-3-Butyric Acid)

0.31%

PGR - Growth Stimulator

Caution

IBA (Indole-3-Butyric Acid)

0.47%

PGR - Growth Stimulator

Caution

IBA (Indole-3-Butyric Acid)

0.54%

PGR - Growth Stimulator

Caution

IBA (Indole-3-Butyric Acid)

0.80%

PGR - Growth Stimulator

Caution

IBA (Indole-3-Butyric Acid)

20.00%

Invertebrate Control

Caution

Iron Phosphate (FePO4)

1.00%

Insecticide

Caution

Isaria fumosorosea

20%

Fungicide

Caution

Jojoba Oil

97.50%

Insecticide

Caution

Jojoba Oil

97.50%

Fungicide

Caution

Kaolin

95.00%

Insecticide

Caution

Kaolin

95.00%

PGR - General

Caution

Kaolin

95.00%

Vertebrate Repellent

Caution

Kaolin

95.00%

Fungicide

Caution

Mineral Oil/Petroleum Distillate

98.00%

Insecticide

Caution

Mineral Oil/Petroleum Distillate

98.00%

Insecticide

Caution

Mineral Oil/Petroleum Distillate

98.80%

Insecticide

Caution

Mineral Oil/Petroleum Distillate Light

1.00%

Fungicide

Caution

Mineral Oil/Petroleum Distillate Light

80%

Insecticide

Caution

Mineral Oil/Petroleum Distillate Light

80%

Insecticide

Caution

Mineral Oil/Petroleum Distillate Light

90.00%

Desiccant

Caution

Mineral Oil/Petroleum Distillate Light

98%

Fungicide

Caution

Mineral Oil/Petroleum Distillate Light

98.00%

Insecticide

Caution

Mineral Oil/Petroleum Distillate Light

98.00%

Fungicide

Caution

Mineral Oil/Petroleum Distillate Light

98.40%

Insecticide

Caution

Mineral Oil/Petroleum Distillate Light

98.40%

Fungicide

Caution

Monopotassium Phosphate

40.80%

Fungicide

Caution

Monopotassium Phosphate

100%

Fungicide

Caution

Neem Oil Cold Pressed

65.80%

Insect Repellent

Caution

Neem Oil Cold Pressed

65.80%

Insecticide

Caution

Neem Oil Cold Pressed

65.80%

Nematicide

Caution

Neem Oil Cold Pressed

65.80%

Insect Repellent

Caution

Neem Oil Cold Pressed

100.00%

Insecticide

Caution

Neem Oil Cold Pressed

100.00%

Insecticide

Warning

Nerolidol

0.42%

Fungicide

Caution

Oil of Clove

0.10%

Insecticide

Caution

Oil of Clove

0.10%

Fungicide

Caution

Oil of Clove

0.20%

Insect Repellent

None

Oil of Clove

0.20%

Insecticide

Caution

Oil of Clove

0.20%

Insecticide

None

Oil of Clove

0.20%

Insect Repellent

Caution

Oil of Clove

1.50%

Insecticide

Caution

Oil of Clove

1.50%

Fungicide

Caution

Oil of Clove

2%

Insecticide

Caution

Oil of Clove

2%

Fungicide

Caution

Oil of Clove

10.00%

Herbicide

Caution

Oil of Clove

10.00%

Insecticide

Caution

Oil of Clove

20%

Fungicide

Caution

Oil of Rosemary

0.05%

Insect Repellent

Caution

Oil of Rosemary

0.05%

Insecticide

Caution

Oil of Rosemary

0.05%

Fungicide

Caution

Oil of Rosemary

0.10%

Insecticide

Caution

Oil of Rosemary

0.10%

Insect Repellent

Caution

Oil of Rosemary

0.23%

Insect Repellent

Caution

Oil of Rosemary

0.53%

Insecticide

Caution

Oil of Rosemary

0.53%

Insecticide

Caution

Oil of Rosemary

0.80%

Fungicide

Caution

Oil of Rosemary

2%

Insect Repellent

Caution

Oil of Rosemary

2.00%

Insecticide

Caution

Oil of Rosemary

2%

Insect Repellent

Caution

Oil of Rosemary

10.00%

Insecticide

Caution

Oil of Rosemary

10.00%

Fungicide

Caution

Oil of Rosemary

18.00%

Herbicide

Caution

Oil of Rosemary

18.00%

Fungicide

None

Oil of Sesame

0.10%

Insecticide

None

Oil of Sesame

0.10%

Fungicide

Caution

Oil of Sesame

5%

Insecticide

Caution

Oil of Sesame

5%

Insecticide

None

Oil of Sesame

5.00%

Fungicide

Caution

Oil of Thyme

0.10%

Insecticide

Caution

Oil of Thyme

0.10%

Fungicide

Caution

Oil of Thyme

1.20%

Fungicide

Caution

Oil of Thyme

2%

Insecticide

Caution

Oil of Thyme

2%

Fungicide

Caution

Oil of Thyme

4%

Fungicide

Caution

Oil of Thyme

10.00%

Herbicide

Caution

Oil of Thyme

10.00%

Algaecide Slimicide

Caution

Oregano Oil

1.00%

Fungicide

Caution

Oregano Oil

1.00%

Herbicide

Caution

Oregano Oil

1.00%

Insect Repellent

Caution

Peppermint

0.04%

Insecticide

Caution

Peppermint

0.04%

Insecticide

Caution

Peppermint

0.40%

Insecticide

Caution

Peppermint

0.80%

Insecticide

Caution

Peppermint

2.00%

Algaecide Slimicide

Danger

Peroxyacetic Acid

1.36%

Fungicide

Danger

Peroxyacetic Acid

1.36%

Algaecide Slimicide

Danger

Peroxyacetic Acid

2.00%

Fungicide

Danger

Peroxyacetic Acid

2.00%

Herbicide

Danger

Peroxyacetic Acid

2.00%

Algaecide Slimicide

Danger

Peroxyacetic Acid

4.90%

Fungicide

Danger

Peroxyacetic Acid

4.90%

Fungicide

Caution

Phosphorous Acid Mono- And Di-Potassium, Salts of

28.10%

Fungicide

Caution

Phosphorous Acid Mono- And Di-Potassium, Salts of

45.50%

Fungicide

Caution

Phosphorous Acid Mono- And Di-Potassium, Salts of

45.80%

Fungicide

Caution

Phosphorous Acid Mono- And Di-Potassium, Salts of

53%

Fungicide

Caution

Phosphorous Acid Mono- And Di-Potassium, Salts of

53.60%

Fungicide

Caution

Phosphorous Acid Mono- And Di-Potassium, Salts of

56.00%

PGR - General

Caution

Phosphorous Acid Mono- And Di-Potassium, Salts of

56.00%

Fungicide

Caution

Phosphorous Acid Mono- And Di-Potassium, Salts of

56.20%

Fungicide

Caution

Phosphorous Acid Mono- And Di-Potassium, Salts of

57.00%

Fungicide

Caution

Phosphorous Acid Mono- And Di-Potassium, Salts of

99.00%

Fungicide

Caution

Piperonyl Butoxide

2.50%

Insecticide

Caution

Piperonyl Butoxide

2.50%

Insecticide

Caution

Piperonyl Butoxide

4.00%

Insecticide

Caution

Piperonyl Butoxide

16.00%

Insect Repellent

Caution

Piperonyl Butoxide

60.00%

Insecticide

Caution

Piperonyl Butoxide

60.00%

Fungicide

Caution

Potassium Bicarbonate

81.90%

Fungicide

Caution

Potassium Bicarbonate

85.00%

Insecticide

Caution

Potassium Laurate

1%

Insecticide

Caution

Potassium Laurate

1.02%

Fungicide

Caution

Potassium Laurate

12.38%

Insecticide

Caution

Potassium Laurate

12.38%

Insecticide

Caution

Potassium Laurate

19.90%

Insecticide

Caution

Potassium Laurate

20.00%

Insecticide

Warning

Potassium Laurate

47%

Fungicide

Warning

Potassium Laurate

49.00%

Insecticide

Warning

Potassium Laurate

49.00%

Insecticide

Warning

Potassium Laurate

49.52%

Fungicide

Caution

Pyrethrins

0.01%

Insecticide

Caution

Pyrethrins

0.01%

Insecticide

Caution

Pyrethrins

0.24%

Fungicide

Caution

Pyrethrins

0.25%

Insecticide

Caution

Pyrethrins

0.25%

Insecticide

Caution

Pyrethrins

0.50%

Insecticide

Caution

Pyrethrins

1.40%

Insecticide

Caution

Pyrethrins

4.00%

Insect Repellent

Caution

Pyrethrins

5.00%

Insecticide

Caution

Pyrethrins

5.00%

Insect Repellent

Caution

Pyrethrins

6.00%

Insecticide

Caution

Pyrethrins

6.00%

Fungicide

Caution

Pythium oligandrum DV 74

1.00%

PGR - Growth Stimulator

Caution

Pythium oligandrum DV 74

1.00%

Fungicide

Caution

Reynoutria sachalinensis

5%

PGR - General

Caution

Reynoutria sachalinensis

5%

Insect Repellent

Caution

Rosemary Herbs

10.00%

Insect Repellent

Caution

Sesame Plant Ground

0.05%

Insecticide

Caution

Sesame Plant Ground

0.05%

Invertebrate Control

Caution

Sodium Ferric EDTA

2.00%

Invertebrate Control

Caution

Sodium Ferric EDTA

5.00%

Fungicide

Caution

Sorbic Acid Potassium Salt

0.01%

Insecticide

Caution

Sorbic Acid Potassium Salt

0.01%

Insecticide

Warning

Sorbitol Octanoate

90.00%

Insecticide

Caution

Soybean Oil

93%

Fungicide

Caution

Streptomyces griseoviridis strain K61

4%

Fungicide

Caution

Streptomyces griseoviridis strain K61

35%

Fungicide

Caution

Streptomyces lydicus WYEC 108

0.04%

Fungicide

Caution

Streptomyces lydicus WYEC 108

1.30%

Fungicide

Caution

Sulfur

0.20%

Insecticide

Caution

Sulfur

0.20%

Fungicide

Caution

Sulfur

6.48%

Insecticide

Caution

Sulfur

6.48%

Fungicide

Caution

Sulfur

10.00%

Insecticide

Caution

Sulfur

10.00%

Fungicide

Caution

Sulfur

12%

Insect Repellent

Caution

Thyme Herbs

0.03%

Insecticide

Caution

Thyme Herbs

0.03%

Fungicide

Caution

Trichoderma asperellum strain ICC 012

2.00%

Fungicide

Caution

Trichoderma gamsii strain ICC 080

2.00%

Fungicide

Caution

Trichoderma harzianum Rifai strain KRL-AG2

1.15%

Fungicide

Caution

Trichoderma virens strain G-41

0.61%

Chapter I Department of Agriculture

Subchapter v Licensing and Regulations

Part 1100 Industrial Hemp Pilot Program

8 Ill. Adm. Code 1100.10 Definitions

"Act" means the Cannabis Control Act [720 ILCS 550].

"Agent in Charge" means the institution of higher education faculty member designated by the institution of higher education in the Application for Registration to have control and management over the day to day operations of the research project.

"Department" means the Illinois Department of Agriculture.

"Industrial Hemp" means cannabis sativa L. having no more than 0.3% total THC available, upon heating, or maximum delta-9 tetrahydrocannabinol content possible. (Section 15.2(e) of the Act)

"Institution of Higher Education" means a State institution of higher education that offers a 4-year degree in agricultural science. (Section 15.2(e) of the Act)

"Registration" means official recognition from the Department, required by federal law (7 USC 5940(b)(1)(B)(ii)), that an institution of higher education is certified to cultivate industrial hemp as part of a research project.

"Research Project" means a plan stating the objectives and purposes of the research being proposed and the methods and procedures for carrying out the research.

"Security Plan" means a plan to control and limit unauthorized access to industrial hemp, whether in seed, plant or harvested form, and methods used to prevent the inadvertent dissemination of industrial hemp.

8 Ill. Adm. Code 1100.20 General Provisions

a) An institution of higher education shall not cultivate industrial hemp without first applying for and receiving a registration from the Department.

b) The Agent in Charge is responsible for all communication between the institution of higher education and the Department during both the application period and throughout the duration of the research project and approved registration period.

c) The Agent in Charge shall ultimately be responsible for all activities associated with the institution of higher education's cultivation of industrial hemp.

d) All individuals involved in any manner in cultivating industrial hemp must be employees or students of the registered institution of higher education.

e) A copy of the registration shall accompany any transportation of industrial hemp off registered premises.

8 Ill. Adm. Code 1100.30 Registration Required

a) An institution of higher education shall not cultivate industrial hemp unless it has received a registration from the Department.

b) The Department will only provide registration if:

1. The industrial hemp is cultivated for purposes of agricultural or academic research; and

2. The research project studies the cultivation or marketing of industrial hemp.

8 Ill. Adm. Code 1100.40 Application for Registration

An institution of higher education may apply for registration by submitting an Application for Registration form, which shall be provided by the Department and shall include, but not be limited to:

a) A description of the research project;

b) The name, if any, and either the legal description or global positioning coordinates of the locations where industrial hemp will be cultivated;

c) The name, professional address, professional telephone number, and professional e-mail address of the Agent in Charge;

d) The names of all individuals known at the time of application who will be involved in any manner in cultivating industrial hemp;

e) A security plan describing how the institution of higher education plans to secure the industrial hemp;

f) The anticipated start date and expected duration of the research project;

g) A $100 application fee.

8 Ill. Adm. Code 1100.50 Department Decision on Application for Registration

a) In deciding whether to grant a registration, the Department may consider:

1. Whether the proposed research project studies the cultivation or marketing of industrial hemp;

2. The feasibility of the proposed research project;

3. The feasibility and adequacy of the security plan;

4. Prior violations of this Part or the Act by the institution of higher education or the Agent in Charge; and

5. Whether the proposed research project would comply with local, Illinois and federal law specifically including Section 7606 of the Agricultural Act of 2014.

b) The Department may request fingerprint-based background checks for any individual identified in the Application for Registration if it determines that there are concerns about the individual in question or if the Department receives communication from an identifiable individual or entity stating a reason why the Department should question the fitness of the applicant to work with a hemp program. Concerns that could lead to a request for a background check may include, but are not limited to, information related to criminal convictions; convictions/charges related to drug use, manufacturing or trafficking; mental illness or developmental disability, criminal affiliation, problems/issues that developed in association with previous involvement with a hemp program; etc. If background checks are requested, the Department will accept background checks from a livescan fingerprint vendor licensed by DFPR or from local law enforcement, or the Department will accept a background check that is on file with, or that was submitted to, the individual's employer, if that background check was performed within the 2 years prior to submission of the Application for Registration. The Department will consider any failure to submit to a background check as part of its evaluation of the Application for Registration. The results of any background check shall be kept confidential by the Department.

c) The Department shall notify the institution of higher education of its decision in writing within 30 days. The Department's decision is a final administrative decision and reviewable under the Administrative Review Law [735 ILCS 5/Art. III].

d) The Application for Registration shall be incorporated into the registration and be binding on the institution of higher education, along with any other conditions imposed by the Department. The Department may, at any time, impose additional conditions on the registration, including, but not limited to, security and disposal of industrial hemp.

e) The term of the registration shall be as specified by the Department on the registration, not to exceed three years unless a longer period is authorized under Section 1100.60.

8 Ill. Adm. Code 1100.60 Amending Registration

a) An institution of higher education may apply in writing to the Department for an extension of the term of the registration by setting forth the need and reasons for the extension no more than 60 days prior to the original expiration of the term.

b) An institution of higher education may apply in writing to the Department for an amendment to any other provision of the registration by setting forth the need and reasons for the amendment.

c) In deciding whether to approve an extension or amendment, the Department shall consider the factors listed in Section 1100.50.

d) An institution of higher education shall not implement any amendment unless and until written approval has been received from the Department.

8 Ill. Adm. Code 1100.70 Notice to Local Law Enforcement

An institution of higher education registered by the Department to cultivate industrial hemp shall notify local law enforcement in writing at least 10 days prior to commencement of that cultivation.

8 Ill. Adm. Code 1100.80 Recordkeeping

a) A registered institution of higher education shall create, maintain and make available accurate records, in a form and at a location satisfactory to the Department, that set forth, for the reporting period required by Section 1100.90, the following information:

1. the name of the cultivars cultivated and the volume of each cultivar purchased, acquired and/or used; and

2. the volume of industrial hemp:

A) cultivated;

B) harvested; and

C) disposed of, along with the date, location and method of each disposal, if any.

b) The records and materials referred to in subsection (a) shall be maintained on the registered premises and made available to the Department for two years from the date they were made or prepared.

8 Ill. Adm. Code 1100.90 Reports

a) A registered institution of higher education shall provide quarterly reports to the Department detailing research results related to the issues and matters set forth in its Application for Registration as provided in the following chart:

Reporting Period

Due Date

July 1-September 30

October 15

October 1-December 31

January 15

January 1-March 31

April 15

April 1-June 30

July 15

b) A registered institution of higher education shall also provide an annual report for the period July 1 through June 30 to the Department by October 1 of each year.

8 Ill. Adm. Code 1100.100 Inspections and Violations

a) An institution of higher education registered to cultivate industrial hemp under this Part shall be subject to random inspections by the Department, the Illinois State Police, and local law enforcement agencies.

b) The Department may revoke a registration for any violation of the provisions of the registration, this Part, or any federal, State or local law. Revocation of the registration is a final administrative decision and reviewable under the Administrative Review Law.

c) An institution of higher education shall comply with all Illinois and federal law, specifically including any permits required by the United States Drug Enforcement Administration.

Part 1200 Industrial Hemp Act

8 Ill. Adm. Code 1200.10 Scope, Definitions and Incorporations

a) The purpose of this Part is to implement the provision of the Agriculture Improvement Act of 2018 and the associated regulations of the United States Department of Agriculture (7 CFR 990). The provisions of this Part shall only apply to cultivators and processors licensed or registered by the Department of Agriculture. The provisions shall also apply to government demonstration and research entities and academic research institutions. In accordance with Section 25 of the Industrial Hemp Act [505 ILCS 89], and in order to maintain State regulatory control over the production of hemp, the definitions in this Part differ from those in the Industrial Hemp Act only to the extent that the Industrial Hemp Act's definitions conflict with federal rules, regulations and laws.

b) The following definitions shall apply to this Part:

"Academic Research" means research conducted by a licensed academic research institution on hemp or industrial hemp.

"Academic Research Institutions" means institutions that: offer in person courses at a physical campus located in Illinois; are Illinois not-for-profit entities; offer agricultural programs or degrees; and conduct research on hemp. This includes accredited public institutions of higher education, as defined in 110 ILCS 205/1; accredited, not for profit, post-secondary educational institutions, as defined at 110 ILCS 1005/1; and community colleges, as defined at 110 ILCS 805/1-2(c); or other academic institutions approved by the Department, including, but not limited to, Illinois public or nonpublic secondary schools registered with the Illinois State Board of Education, which conduct academic research on hemp.

"Academic Research Designated Laboratory" means a laboratory that is under the control of the licensed academic research institution or has a written agreement with another licensed academic research institution to conduct testing on its behalf. Testing conducted between licensed academic research institutions does not need to be contingent upon payment for testing services.

"Academic Sampling Agent" means an individual designated by an Academic Research Institution to sample hemp for that institution.

"Acceptable Hemp THC Level" means a total delta-9 tetrahydrocannabinol content concentration level of not more than 0.3% on a dry weight basis for hemp. Hemp will satisfy this standard if laboratory testing produces a distribution or range within the measurement of uncertainty that includes the total THC concentration level of 0.3% or less.

"Act" means the Industrial Hemp Act [505 ILCS 89].

"Agent" means any family member, employee, contracted employee, or farmhand of a licensed or registered hemp cultivator or processor.

"Applicant" means the individual or entity who is applying for a license or registration.

"Biomass" means the result of all flowers, buds, trichomes, leaves, stalks, seeds, and all plant parts from a lot being chopped or shredded in such a way as to create a homogenous, uniform blend of the lot. Only one lot may make up biomass. Chopping and shredding may be done by shredders, composters, or other specialty mechanical equipment.

"Cannabis" means marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means cannabis flower, concentrate, and cannabis-infused products. [410 ILCS 705/1-10]

"Cannabis Plant" means a genus of flowering plants in the family Cannabaceae of which Cannabis sativa is a species, and Cannabis indica and Cannabis ruderalis are subspecies thereof. The term "cannabis plant", for purposes of this Part, refers to any form of the plant in which the total delta-9 tetrahydrocannabinol concentration on a dry weight basis has not yet been determined.

"Contiguous Land Area" means land areas used for cultivation of industrial hemp that are not separated by more than 100 feet by waterways, fences, railroads, lanes, roads, highways, interstates or other separations.

"Culpable Mental State Greater Than Negligence" means to act intentionally, knowingly, willfully, or recklessly.

"Cultivating" means planting, growing, harvesting and storing a plant or crop.

"Decarboxylated" or "Decarboxylation" means the completion of the chemical reaction that converts THC-acid (THCA) into delta-9 THC, the intoxicating component of the cannabis plant. The decarboxylated value is calculated using a molecule mass conversion ratio that sums delta-9 THC and 87.7% of THC-acid ((delta-9 THC) + (0.877 * THCA)).

"Department" means the Illinois Department of Agriculture.

"Director" means the Director of Agriculture. [505 ILCS 89/5]

"Disposal Report" means the report and notice that the licensee must submit to the Department on the required form, no more than 48 hours after the crop has been disposed of for non-compliance with the Act or this Part.

"Disposal" or "Disposed Of" means an activity that transitions non-compliant hemp or hemp used for research purposes into a non-retrievable or non-ingestible form. Approved methods of disposal include plowing, tilling, or disking plant material into the soil; mulching, composting, chopping, or bush mowing plant material into green manure; burning plant material; burying plant material into the earth and covering with soil, and any other methods approved by USDA and published on the Department's website.

"Dry Weight Basis" means the ratio of the amount of dry solid in a sample after drying to the total mass of the sample before drying, including the moisture in a sample. Dry weight basis is the percentage of a chemical in a substance after removing the moisture from the substance. Percentage of THC on a dry weight basis means the percentage of THC, by weight, in a cannabis plant item (plant, extract, or other derivative), after excluding moisture from the item.

"Farm" means any property used solely for the growing and harvesting of crops; for the feeding, breeding and management of livestock; for dairying or for any other agricultural or horticultural use or combination thereof; including, but not limited to, hay, grain, fruit, truck or vegetable crops, floriculture, mushroom growing, plant or tree nurseries, orchards, forestry, sod farming and greenhouses; the keeping, raising and feeding of livestock or poultry, including dairying, poultry, swine, sheep, beef cattle, ponies or horses, fur farming, bees, fish and wildlife farming.

"Farm Service Agency" or "FSA" means the Farm Service Agency of the United States Department of Agriculture.

"Government Demonstration and Research Entity" means a state or local government body licensed to grow hemp for research, demonstration, soil or water remediation, or soil erosion control.

"Handle" means to possess, transport or store industrial hemp for any period of time on premises owned, operated or controlled by a person or entity, or the agent thereof, licensed to cultivate industrial hemp or registered to process industrial hemp.

"Hemp" or "Industrial Hemp" means the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis.

"Hemp Microgreens" means immature hemp seedlings grown for human consumption that are harvested above the soil or substrate line, prior to flowering, and not more than 14 days after germination and no more than five inches in height.

"Hemp Testing Laboratory" or "Testing Laboratory" means a laboratory approved by the Department to handle, test, and analyze hemp in accordance with this Part.

"High-Performance Liquid Chromatography" or "HPLC" means a type of chromatography technique in analytical chemistry used to separate, identify, and quantify each component in a mixture. HPLC relies on pumps to pass a pressurized liquid solvent containing the sample mixture through a column filled with a solid adsorbent material to separate and analyze compounds.

"Indoor Cultivation" means the process of cultivating industrial hemp in a greenhouse or in an enclosed building or structure capable of continuous cultivation throughout the year. Continuous cultivation is not required.

"Key Participants" means a sole proprietor, a partner in partnership, or a person with executive managerial control in a corporation. A person with executive managerial control includes persons such as a chief executive officer, chief operating officer, and chief financial officer. This definition does not include non-executive managers such as farm, field, or shift managers.

"Land Area" means a farm as defined in Section 1-60 of the Property Tax Code [35 ILCS 200] in this State or land or facilities under the control of an academic research institution or government demonstration and research entity.

"Law Enforcement" means the officers and activities of the federal, State, and local agencies responsible for maintaining public order and enforcing the law.

"License" means authorization by the Department for any individual or legal entity to grow industrial hemp in the State.

"Licensee" means a person or entity that has applied for, and received, a license to cultivate Industrial Hemp from the Department.

"Lot" refers to a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of the cannabis plant throughout.

"Negligence" means a failure to exercise the level of care that a reasonably prudent person would exercise in complying with this Part.

"Official Sample" means the preharvest hemp sample collected by the Department, or sampling agent which is used to assess the THC concentration of a single lot of hemp. The official sample may also be used for sample retesting if a sufficient quantity of the original official sample remains.

"Order of Disposal" means an order furnished to the licensee by the Department, ordering the disposal of cannabis plants that exceeds the acceptable hemp THC concentration when remediation is refused or has failed, and the grower refuses to destroy the non-compliant lot.

"Person" means any individual, partnership, firm, corporation, company, society, association, the State or any department, agency, or subdivision thereof, or any other entity, or the agent thereof.

"Post Decarboxylation Value", in the context of testing methodologies for THC concentration in hemp, means a value determined after the process of decarboxylation that determines the total potential delta-9 tetrahydrocannabinol (THC) content derived from the sum of the THC and delta-9-tetrahydrocannabinolic acid (THCA) content and reported on a dry weight basis. The post decarboxylation value of THC can be calculated by using a chromatographic technique using heat, gas chromatography, through which THCA is converted from its acid form to its neutral form, THC. Thus, this test calculates the total potential THC in each sample. The post decarboxylation value of THC can also be calculated by using a high-performance liquid chromatography technique, which keeps the THCA intact and requires a conversion calculation of that THCA to calculate total potential THC in a given sample.

"Process" means the conversion of raw industrial hemp plant material into a form that is presently legal to import from outside the United States under federal law. [505 ILCS 89/5]

"Registrant" or "Processor" means any person or entity that has applied for, and received, a registration to process industrial hemp from the Department.

"Registration" means authorization by the Department for any individual or legal entity to process or handle industrial hemp.

"Remediation" means the process by which non-compliant hemp (THC concentration > 0.3%) is rendered compliant (THC concentration ≤ 0.3%). Remediation can be achieved by separating and destroying non-compliant flowers while retaining stalks, leaves, and seeds; or by shredding the entire hemp plant to create a homogenous biomass. Both remediation options require retesting for THC compliance before entering the stream of commerce.

"Sampling Agent" means someone trained under applicable USDA training program available on the USDA website or a State training program for sample collection and has provided proof of training to the Department.

"Strain" means variations of a cultivar, generally from breeding techniques or genetic mutations.

"THC" or "Delta 9-Tetrahydrocannabinol" means the primary psychoactive component of cannabis. For purposes of this Part, "delta-9 THC" and "THC" are interchangeable.

"Total THC" or "Total Potential THC" means the value determined after the process of decarboxylation, or the application of a conversion factor if the testing methodology does not include decarboxylation, that expressed the potential total delta-9 tetrahydrocannabinol content derived from the sum of the THC and THCA content and reported on a dry weight basis within the measurement of uncertainty. This post-decarboxylation value of THC can be calculated by using a chromatograph technique using heat, such as gas chromatography, through which THCA is converted from its acid form to its neutral form, THC. Thus, this test calculates the total potential THC in a given sample. The total THC can also be calculated by using high performance liquid chromatography which keeps the THCA intact. This technique requires the use of the following conversion: [Total THC= (0.877 x THCA) + THC] which calculates the potential total THC in a given sample.

"USDA Sampling Guidance" means United States Department of Agriculture Sampling Guidelines for Hemp issued on January 15, 2021 by the U.S. Domestic Hemp Production Program which have been incorporated by reference and does not include any letter amendments or editions. The guidance may be found at https:/www.ams.usda.gov/rules-regulations/hemp/rulemaking-documents and is available from the Department upon request.

"Variety" means a group of plants or an individual plant that exhibits distinctive observable physical characteristics or has a distinct genetic composition. This includes the terms "cultivar" and "strain".

History

• Source: Amended at 49 Ill. Reg. 119, effective December 23, 2024

8 Ill. Adm. Code 1200.20 General Provisions

a) No person shall cultivate industrial hemp in the State without first receiving an Industrial Hemp Cultivation License from the Department.

b) No person shall process or handle industrial hemp in the State without first receiving a processor registration from the Department.

c) All licensees in the State must provide reports as outlined in Section 1200.40(a) and (b).

d) Licensed industrial hemp cultivators are solely responsible for procuring seeds, clones, transplants or propagules for planting.

e) All seeds, clones, transplants and propagules used to cultivate industrial hemp in Illinois shall be certified under the Association of Official Seed Certifying Agencies (AOSCA) standards and guidelines for industrial hemp or shall be accompanied by a certificate of analysis from an accredited certified laboratory from a state with a regulated industrial hemp program that certifies the industrial hemp grown will not contain in excess of 0.3% THC.

f) No land area may contain cannabis plants or parts of cannabis plants that the licensee knows or has reason to know are of a variety that will produce a plant that, when tested, will produce more than 0.3% THC concentration on a dry weight basis. No licensee shall use any such variety for any purpose associated with the cultivation of industrial hemp.

g) The minimum land area for industrial hemp cultivation shall be a contiguous land area of one quarter of an acre for outdoor cultivation and 500 square feet for indoor cultivation.

h) Licensee information may be shared with law enforcement without notice to the licensee.

i) Any violations of the Act, this Part, or any Illinois or Federal Criminal Code may subject the licensee or registrant to administrative penalties as set forth in Sections 1200.120 and 1200.130 and may also subject the licensee or registrant to criminal prosecution.

j) Licensee shall designate the area where hemp is grown into lots. A lot is to be defined by the licensee in terms of farm location, field acreage, and variety (i.e., cultivar) and to be reported as such to Farm Services Agency. Licensees shall report the appropriate designation as determined by the FSA for the specific location(s) where hemp is being grown using FSA terminology such as "farm," "tract," "field," and "subfield" to mean "lot" for the purpose of this rule.

k) Harvest Timing and Restrictions

1. No licensee shall harvest any portion of a hemp crop until after the lot to be harvested has been sampled pursuant to Section 1200.50.

2. A sample of each lot must be collected by a sampling agent within 30 calendar days prior to licensee's reported harvest date. Licensee is responsible for obtaining the services of a sampling agent approved by the testing laboratory.

3. There shall be no change of ownership of any hemp crop until laboratory testing has been completed on such crop pursuant to Section 1200.50.

l) Each licensee and registrant shall maintain all records for a period of at least 3 years. Records may be subject to audit and inspection by the Department. "Records" includes, but is not limited to:

1. harvest reports;

2. sales data including license numbers of licensees or registrants purchasing seed, propagules or raw industrial hemp;

3. testing results;

4. sampling documentation;

5. resampling results;

6. disposal reports;

7. transportation records;

8. any reports made to USDA, FSA, or the Department, and any related documentation; and

9. Records of the USDA hemp lot with lot identification number, crop year, and state of origin.

History

• Source: Amended at 49 Ill. Reg. 119, effective December 23, 2024

8 Ill. Adm. Code 1200.30 Application and Licensure

a) Each applicant for an industrial hemp cultivation license shall submit a signed, complete, accurate and legible application form provided by the Department. The applicant shall provide the following:

1. The name, address, phone number, and email address of the person or entity applying for the cultivation license; key participants of the license may be required to provide additional personal identifiable information to facilitate background checks.

2. The type of business or organization, such as corporation, LLC, partnership, sole proprietor, etc., as well as the entity's EIN;

3. Business name and address, if different than the ones submitted in response to subsection (a)(1). This shall include the full name of the business, address of the principal business location, and the full name and title of the key participants;

4. The legal description of the land area, including Global Positioning System coordinates of each contiguous land area, to be used to cultivate industrial hemp;

5. A map of the land area on which the applicant plans to grow industrial hemp, showing the boundaries and dimensions of the growing area in acres or square feet;

6. The applicable fee prescribed by Section 1200.80;

7. The varieties of industrial hemp that are intended for cultivation.

8. The designated testing laboratory for Academic Research Institutions;

9. An acknowledgement and consent to the Department collecting, maintaining, and providing to USDA directly and through the USDA's online platform, any required data, including but not limited to; licensee status, contact information, disposal reporting, background checks if required by the USDA, and real-time information for each hemp licensee licensed or authorized in the State.

b) Pursuant to the Agricultural Farm Act of 2018 (7 U.S.C. 1639p(e)(3)(B)), no person who has been convicted of any controlled substances related felony in the 10 years prior to the date of application shall be eligible to obtain a license or registration. For applicants that are entities, this prohibition shall apply to any person associated with the applicant who has executive managerial control of the entity. This does not include non-executive managers such as farm, field, or shift managers. This requirement shall be removed upon the repeal of this provision by the federal government. This prohibition does not apply to participants in the Industrial Hemp 411 Pilot Program authorized under the 2014 Agricultural Act prior to December 20, 2018 [720 ILCS 550/15.2].

c) Within 30 calendar days after receipt of a completed application and the associated fee, the Department will either issue a license or deny the application. Incomplete applications or applications that do not meet the requirements for licensure or registration will be denied. An additional application fee will be collected for corrected and/or new applications.

d) A license or registration shall be good for a maximum of 3 calendar years from the date of issuance.

e) Any changes to the licensee's cultivation plan as outlined in the original application as specified in Section 1200.30(a), must be approved by the Department in writing prior to implementation.

f) All processors of industrial hemp shall register with the Department on a form provided by the Department, which shall include:

1. The name and address of the person or entity applying for the processor registration;

2. The business type, such as a corporation, LLC, partnership, sole proprietor, etc.;

3. The business name and address if different than the one submitted in response to subsection (f)(1);

4. The nature of the processing by the registrant;

5. The applicable fee set forth in Section 1200.80; and

6. A copy of the current local zoning ordinance or permit and verification that the proposed hemp processor is in compliance with the local zoning rules and distance limitations established by the local jurisdiction for hemp processing or an attestation that demonstrates the applicant is in compliance with the zoning and permit requirements of the local jurisdiction.

g) Any applicant who materially falsifies information in their application shall be ineligible to receive a license or registration.

h) Applicants may appeal the denial of an application for licensure by submitting a Petition to the Director as prescribed in 8 Ill. Adm. Code 1, Subpart C, within 30 calendar days after receipt of the notice of denial.

i) Hemp processor registrations may not be issued to locations which are zoned residential or are used as residential housing when located on property that is not zoned residential.

History

• Source: Amended at 49 Ill. Reg. 119, effective December 23, 2024

8 Ill. Adm. Code 1200.40 Reports

a) At least 30 calendar days prior to harvest, to the best of the licensee's ability, each licensee shall file a Harvest Report, on a form provided by the Department, that includes:

1. The expected harvest dates and locations of each variety of industrial hemp cultivated by the licensee.

2. The licensee shall notify the Department if the harvest dates change in excess of five calendar days.

b) No later than December 1 of each year, each licensee shall submit an Industrial Hemp Cultivator Final Report to the Department that includes:

1. Total acres or square feet of industrial hemp planted since December 1 of the prior year;

2. A description of each variety planted and harvested since December 1 of the prior year;

3. Total acres or square feet harvested since December 1 of the prior year; and

4. Total yield in the appropriate measurement, such as tonnage, seeds per acre, or other measurement approved by the Department.

c) The Department will provide the information in 1200.40(b) to USDA by December 15 of each year.

d) Licensees shall report hemp planting acreage to a local FSA office. This report shall be submitted to the FSA within 30 calendar days after the completion of planting of an outdoor crop site, or within 30 calendar days after the first planting of hemp in the calendar year in an indoor cultivation site. At a minimum, the following information shall be reported:

1. Street address for each crop site;

2. Geospatial location for each crop site;

3. Acreage of each crop site; and

4. Licensee identifying information, including licensee name and State licensee number.

History

• Source: Amended at 49 Ill. Reg. 119, effective December 23, 2024

8 Ill. Adm. Code 1200.50 Inspection, Sampling, and Testing

a) All licensees shall be subject to inspections at the discretion of the Department to ensure compliance with the Act. This includes but is not limited to: both scheduled and unannounced annual inspections, random inspections, and inspections for the purposes of auditing.

b) Failure to comply with any inspection shall result in the initiation of disciplinary proceedings pursuant to Section 1200.120.

c) Either the licensee or an agent of the licensee shall be present for the inspection and sampling and shall provide the inspector with unrestricted access to all industrial hemp plants, parts, seeds, and harvested material, including all buildings and other structures used for the cultivation and storage of industrial hemp and all documents pertaining to the licensee's industrial hemp cultivation and business.

d) All samples intended for use for official sample and test results must be taken by a sampling agent as defined in Section 100.10, and must be analyzed by a Department-approved testing laboratory under Section 1200.60.

1. If it is the business practice of the testing laboratory to have an agreement or contract with the sampling agent to accept samples, the sampling agent must have a valid agreement or contract. Growers are responsible for utilizing a sampling agent that is compliant with this Section.

2. Samples may be hand delivered by the sampling agent to the testing laboratory or may be shipped to a testing laboratory using standard shipping methods where permitted.

e) Each industrial hemp lot must undergo official sampling and testing to verify that the total THC concentration does not exceed 0.3% on a dry weight basis.

1. Individual or composite samples, as appropriate based on lot size and pursuant to published USDA sampling guidance, of each variety of hemp will be sampled from the licensee's land area, including indoor cultivation sites.

2. A representative sample will be taken by a sampling agent or Department personnel.

f) Sampling procedures conducted by sampling agents shall comply with this Part, including the following requirements:

1. Standard sampling and performance-based sampling procedures must be sufficient at a confidence level of 95% that no more than 1% of the plants in each lot would exceed the acceptable hemp THC level and ensure that a representative sample is collected that represents a homogeneous composition of the lot.

2. The sampling agent shall verify the GPS coordinates of the growing area as compared with the GPS coordinates submitted by the licensee to the Department.

A) The licensee or designated employee may accompany the sampling agent throughout the sampling process.

B) The sampling agent shall estimate the average height, appearance, approximate density, condition of the plants, and degree of maturity of the inflorescences (flowers, buds, or both flowers and buds). The sampling agent shall visually establish the homogeneity of the stand to establish that the growing area is of like variety.

3. Hemp licensees may not harvest hemp until a sampling agent, within 30 days prior to the anticipated harvest, collects representative samples from the cannabis plants for THC concentration measurements.

4. The sampling agent will take a representative sample from every lot of the crop site, using USDA sampling guidance, dated January 15, 2021 and industry best practices to ensure a homogenous composition of the sample.

A) The selection of plants for testing will be at the sampling agent's discretion. Hemp growers may not act as their own sampling agents.

B) The number of plants sampled will be determined by the sampling agent based on USDA sampling guidance, dated January 15, 2021.

5. Samples shall be collected and maintained in such a way that there is no comingling of samples or sample material.

6. Any cannabis plants observed outside of the crop site boundaries must be reported to the Department and law enforcement. The Department may elect to contact law enforcement on behalf of the sampling agent or request the sampling agent to contact law enforcement directly.

7. The sampling agent shall notify the Department if they are unable to collect a sample because the licensee does not provide unrestricted access to the site or because the sampling agent reasonably believes that the licensee has commenced harvest prior to sample collection. The sampling agent shall not collect a sample if the sampling agent is not allowed complete, unrestricted access to the site; and/or reasonably believes the licensee has commenced harvest prior to sample collection.

g) The sampled material shall be tested by a testing laboratory.

1. A quantitative laboratory determination of the total THC concentration on a dry weight basis will be performed.

2. A sample test result with a total THC concentration on a dry weight basis that exceeds 0.3% but is less than 0.7% may be retested at the expense of the licensee if a sufficient quantity of the original official sample remains. A request for a retest by the licensee shall be received by the Department within 3 business days after initial receipt of the original test results by the licensee.

3. All harvested industrial hemp receiving both a sample test result and a sample retest result with total THC concentrations on a dry weight basis that exceeds 0.3% shall be disposed of by the licensee unless the licensee chooses to remediate; pursuant to subsection (j).

4. All harvested industrial hemp receiving a sample test result with a total THC concentration on a dry weight basis that equals or exceeds 0.7% shall be disposed of by the licensee unless the licensee chooses to remediate; pursuant to subsection (j).

5. Any sampled material not meeting the definition of hemp will be reported to the Department. Such report made by a licensee will include the disposal records.

6. All harvested industrial hemp awaiting test results shall be stored by the licensee and shall not be processed or transported until passing test results are obtained.

7. The actual cost of testing shall be paid by the licensee.

h) Crops harvested for hemp microgreens are not subject to the testing requirements described in Section 1200.50(f) and (g).

1. Due to extremely low levels of cannabinoids in the immature plants, sampling and testing of every lot of hemp microgreens is unnecessary.

2. Licensees are responsible for ensuring seeds used by the licensee for hemp microgreen production are from cannabis plant varieties meeting the definition of hemp.

3. A licensed grower that produces a crop that does not meet the definition of a hemp microgreen under this subsection shall either:

A) Follow the compliance, sampling and testing requirements pursuant to this Section; or

B) Dispose of the crop by approved methods of disposal that include: plowing, tilling, or disking plant material into the soil; mulching, composting, chopping, or bush mowing plant material into green manure; burning plant material; burying plant material into the earth and covering with soil, and any other methods approved by USDA and published on the Department's website.

i) Standard Remediation Procedures and Guidelines

1. Procedures for Non-compliant Hemp.

Non-compliant hemp may only be disposed of or remediated. Only successfully remediated crops will be allowed to enter the stream of commerce. All other non-compliant crops shall be disposed.

2. Remediation.

A) Remediation may take place using one of the following options:

i) Non-compliant hemp may be remediated by separating and destroying non-compliant flowers, while retaining stalks, leaves, and seeds.

ii) Non-compliant hemp may be remediated by shredding the entire hemp lot to create biomass. Lots shall be kept separate and shall not be combined during this process.

B) The licensee or designated employee, or an approved representative of the Department, as the Department deems appropriate, shall remediate or dispose of non-compliant hemp. The Department may require that a representative of the Department be present during the remediation or disposal process or that the licensee provide pictures, videos, or other proof that disposal occurred.

C) Upon notification that a lot has tested above the acceptable hemp THC level, the licensee shall notify the Department of the licensee’s decision to either dispose of or remediate the non-compliant lot and the method of disposal or remediation the licensee will use. If the licensee refuses to dispose of or remediate the non-compliant hemp lot, the Department will issue the licensee an Order of Disposal.

D) All lots subject to remediation shall be stored, labeled and kept apart from each other and from other compliant hemp lots stored or held nearby.

3. Separation and removal of the flowers from the stalks, leaves and seeds.

A) The flowers, including buds, trichomes, "trim", and "kief", shall be removed from the lot and destroyed. Methods may include, but are not limited to, by hand, mechanical, or chemical removal of non-compliant flowers and floral materials.

B) Until such time as the non-compliant flowers and floral material are disposed of, the stalks, leaves, and seeds shall be separated from the non-compliant floral material and clearly labeled and marked as "hemp for remediation purposes".

C) Seeds removed from non-compliant hemp during remediation shall not be used for propagative purposes.

4. Creation of Biomass.

A) The entire lot shall be shredded to create a homogenous and uniform biomass.

B) The biomass created through this process shall be resampled and retested to ensure compliance before entering the stream of commerce. Biomass that fails the retesting is non-compliant hemp and shall be disposed of.

C) Remediated biomass shall be separated from any compliant hemp stored in the area and clearly labeled as "hemp for remediation purposes". Remediated biomass shall not leave the labeled area until a test result that does not exceed 0.3% total THC is received or the biomass is ready to be disposed of.

5. Resampling Remediated Biomass or Remediated Stalks, Leaves and Seeds.

A) Remediated biomass or remediated stalks, leaves, and seeds shall be resampled and retested to ensure compliance before entering the stream of commerce. Remediated biomass or remediated stalks, leaves, and seeds that exceed 0.3% total THC concentration on a dry weight basis shall be destroyed.

B) The resample must be taken by the sampling agent in a manner described in USDA sampling guidance, dated January 15, 2021.

C) When taking the resample, the sampling agent shall take remediated biomass or remediated stalks, leaves and seeds material from various depths, locations, and containers in the labeled and demarcated area to collect a representative sample of the material. At minimum, 750 mL or three standard measuring cups of remediated biomass or remediated stalks, leaves and seeds material shall be collected. Sampling agents may collect more remediated biomass or remediated stalks, leaves and seeds material based on the requirements of the testing laboratory. If 750 mL of material is not available, the sampling agent shall collect enough remediated biomass or remediated stalks, leaves and seeds material for a representative sample.

D) An original copy of the resample test results, or a legible copy, must be retained by the licensee or an authorized representative and be made available for inspection for a period of three years from the date of receipt.

E) Laboratories testing a resample shall utilize the same testing protocols as when testing a standard sample.

History

• Source: Amended at 49 Ill. Reg. 119, effective December 23, 2024

8 Ill. Adm. Code 1200.55 Academic Research Institutions

Academic research institutions shall be subject to all provisions of this Part with the exception of the following:

a) License Fees. Academic research institutions shall be subject to the fees imposed in Section 1200.80.

b) Laboratory Testing. An academic research institution is exempt from the testing described in Section 1200.50. Potency testing shall be conducted by an academic research designated laboratory.

c) Reporting. An academic research institution shall provide the following reports, which shall be confidential to the extent that they reveal, or release research conducted, unless the academic research institution provides authorization for release:

1. Within 72 hours after the academic research institution receives test results, the following data shall be provided to the Department:

A) the test results;

B) photos of samples; and

C) documentation of sampling chain of custody.

2. No later than December 1 of each year, each academic research institution shall submit an Industrial Hemp Academic Institution Research Report to the Department that includes:

A) Total acres or square feet of industrial hemp planted in the current calendar year;

B) A description of each variety planted and harvested in the current calendar year;

C) Total acres or square feet harvested in the current calendar year;

D) Total yield in the appropriate measurement, such as tonnage, seeds per acre, or other measurement approved by the Department;

E) A disposal report for each lot or field harvested at the conclusion of the academic research; and

F) A description of the research and research findings.

3. Acreage Reports to Farm Service Agency. Academic research institutions shall report hemp planting acreage to the United States Department of Agriculture Farm Service Agency as described in Section 1200.40(d), with the exception that this report does not have to be broken down by lot or planting date.

d) Commerce and Disposal. Hemp grown for research purposes may not enter the stream of commerce at any time. Hemp grown for research purposes must be disposed of in accordance with this Part at the conclusion of the research period. An academic research institution must obtain a standard hemp grower license if they intend to offer any product for sale or commerce.

e) Sampling. Academic research institutions shall be exempt from the Inspection and Sampling provisions in Section 1200.50. Academic research institution sampling procedures shall include the following:

1. Academic research institutions shall notify the Department at least seven business days prior to collection of samples. The notification shall include the name of the individual designated as the academic sampling agent and the GPS coordinates for the samples to be taken.

2. Academic research institutions shall identify and designate a sampling agent. For academic research institutions only, a sampling agent may be an employee.

3. The academic sampling agent shall verify the GPS coordinates of the growing area as compared with the GPS coordinates submitted by the academic research institution to Department.

4. The sampling agent shall estimate the average height, appearance, approximate density, condition of the plants, and degree of maturity of the inflorescences (flowers/buds). The sampling agent shall visually establish the homogeneity of the stand to establish that the growing area is of like variety.

5. All samples shall be collected from the flowering tops of the plant by cutting the top five to eight inches from the "main stem" (that includes the leaves and flowers), "terminal bud" (that occurs at the end of a stem), or "central cola" (cut stem that could develop into a bud) of the flowering top of the plant.

6. Samples shall be collected and maintained in such a way that there is no commingling of samples or sample material.

f) At the request of the academic research institution, and with the Department's written permission, an academic research institution may opt for performance-based sampling protocols instead of the provisions outlined in Section 1200.55.

1. Consideration for performance-based sampling protocols will include:

A) Whether the academic research institution can provide proof of a seed certification process or process that identifies varieties that have consistently demonstrated to result in compliant hemp plants;

B) The academic research institution’s history of producing compliant hemp plants over an extended period of time; or

C) The academic research institution's plan to ensure, at a confidence level of 95%, that no more than 1% of the plants in each sampling will exceed the acceptable total THC level.

2. Performance-based sampling protocol will be subject to the following terms and conditions:

A) When samples are collected, the sampling procedure must follow the provisions of Section 1200.55(e);

B) The Department reserves the right to sample and test, or order the sampling and testing, of any hemp lot at any time to ensure compliance with the acceptable hemp total THC level; and

C) Violations of performance-based methods will result in academic research institutions no longer being exempt from the sampling procedures outlined in Section 1200.50, and may result in administrative penalties as outlined in Section 1200.130.

History

• Source: Added at 49 Ill. Reg. 119, effective December 23, 2024

Chapter I Department of Agriculture

Subchapter v Licensing and Regulations

Part 1200 Industrial Hemp Act

8 Ill. Adm. Code 1200.56 Government Demonstration and Research Entity

a) A government demonstration and research entity shall be subject to all provisions of this Part with the exception of the following:

1. Licensing

A) Government demonstration and research entities shall be subject to the relevant fees imposed in Section 1200.80.

B) The Department shall be exempt from the license fee.

2. Laboratory Testing. A government demonstration and research entity is exempt from the testing described in Section 1200.50, so long as all hemp produced is destroyed according to the Act and the provisions of this Part.

b) Hemp grown for governmental research and demonstration purposes may not enter the stream of commerce at any time. A government demonstration and research entity must obtain a standard hemp grower license if they intend to offer any product for sale or commerce.

c) Hemp grown for these purposes must be disposed of in accordance with this Part at the conclusion of the demonstration or research period.

d) Acreage Reports to Farm Service Agency. Government demonstration and research entity shall report hemp planting acreage to the United States Department of Agriculture Farm Service Agency as described in 1200.40(d), with the exception that this report does not have to be broken down by lot or planting date.

History

• Source: Added at 49 Ill. Reg. 119, effective December 23, 2024

8 Ill. Adm. Code 1200.60 Laboratory Approval

a) No laboratory shall handle, test or analyze hemp unless approved by the Department in accordance with this Section. A list of approved hemp testing laboratories will be made available by the Department on its website.

b) In order for a laboratory to be approved by the Department as hemp testing laboratory to handle, test, or analyze hemp, the laboratory shall meet all of the following requirements:

1. Accreditation to the ISO/IEX 17025 standard by a private non-profit laboratory accrediting organization, or can demonstrate that it has a current working relationship with an accrediting organization and receives final accreditation within one year of applying to be an approved hemp testing laboratory with the Department;

2. The hemp testing laboratory is independent from all other persons involved in the hemp industry in Illinois, which shall mean that no person with a direct or indirect interest in the laboratory shall have a direct or indirect financial, management, or other interest in a cultivation license or processor registration;

3. The hemp testing laboratory employs at least one person to oversee and be responsible for the laboratory testing who has earned, from a college or university accredited by a national or regional certifying authority, at least:

A) a master's level degree in chemical or biological sciences and a minimum of 2 years post-degree laboratory experience; or

B) a bachelor's degree in chemical or biological sciences and a minimum of 4 years post-degree laboratory experience.

4. Demonstrates procedures requiring hemp testing adherence to standards of performance for detecting total THC concentration, including the Measurement of Uncertainty (MU), and is registered with the United States Drug Enforcement Agency, if registration is required by the USDA.

c) Each hemp testing laboratory applicant and department approved hemp testing laboratory that claims to be accredited must provide the Department with a copy of the most recent annual inspection report granting accreditation and every annual report thereafter.

History

• Source: Amended at 49 Ill. Reg. 119, effective December 23, 2024

8 Ill. Adm. Code 1200.70 Testing Requirements

a) Industrial hemp sampled for testing may be transported to a hemp testing laboratory by the Director, or the Director's designees, by approved laboratory personnel, or by a sampling agent pursuant to the following requirements:

1. An appropriate chain of custody must be maintained at all times.

2. The sampling agent, transporter, and laboratory are each responsible for their own portion of the chain of custody and sharing such with the other parties as necessary.

b) Hemp testing laboratories shall test industrial hemp using post-decarboxylation, or other similarly reliable methods approved by the USDA, to detect total THC concentration levels of the sampled hemp. Reliable methods of testing may include chromatographic technique using heat; gas chromatography, through which THCA is converted from acid to its neutral THC form; or a high-performance liquid chromatograph technique, which keeps THCA intact and requires a conversion calculation to get the THC value.

c) When a testing laboratory tests a hemp sample, the testing laboratory shall report the total THC concentration level on a dry weight basis and the measurement of uncertainty. The measure of uncertainty shall be estimated and reported with test results.

d) Samples shall be obtained in accordance with USDA sampling guidance dated January 15, 2021.

e) Treatment of Samples Post-Testing.

1. Samples shall be stored by the testing laboratory for a minimum of six months following testing.

A) Samples shall be stored in a manner that preserves the quality and content of the sample material.

B) Samples may be stored at an appropriate location other than the hemp laboratory upon approval by the Department.

2. Licensees may request re-testing of any remaining, un-tested, parts of a sample. To be considered an official result, any re-testing under this Section must be conducted under the processes outlined in Section 1200.50.

3. The laboratory shall notify the Department, in writing, at least 10 business days prior to the disposal of any sample.

f) Reporting of Test Results

1. All laboratories authorized by the Department to test hemp shall also comply with USDA hemp reporting requirements.

2. The Department will take reasonable steps to notify laboratories of specific test reporting requirements, but ultimate responsibility for compliance with USDA reporting lies with the laboratory.

3. Laboratories shall report final, official THC level, test documentation to the USDA. Laboratories are not required to report test results requested by the grower throughout the season to the USDA or the Department.

4. Laboratories shall provide growers with copies of test results. The original test documentation shall be retained by the laboratory and provided to USDA, as appropriate.

g) The Department, at a licensee's request, may conduct testing at a Department operated laboratory on behalf of licensees to meet testing requirements under this Part or for compliance testing in the event the Department offers this service.

History

• Source: Amended at 49 Ill. Reg. 119, effective December 23, 2024

8 Ill. Adm. Code 1200.80 Fees

An applicant or licensee shall submit the following nonrefundable fees with each license application submitted, in the form of a certified check or money order payable to the "Illinois Department of Agriculture", or by such other means as approved by the Department. All fees shall be deposited into the Industrial Hemp Fund.

a) The application fee for an Industrial Hemp Cultivation License shall be $100 for each noncontiguous land area and each indoor cultivation operation area.

b) Upon approval of an application, the license fee for each noncontiguous land area and each indoor cultivation operation shall be $1000 for a 3 year license; $700 for a 2 year license; and $375 for a 1 year license.

c) The application fee for a processor registration shall be $100 for each address operated by the processor.

d) Upon approval of an application for registration, the registration fee for each registered address operated by a processor shall be $1000 for a 3 year registration; $700 for a 2 year registration; and $375 for a 1 year registration.

e) Qualifying academic research institutions shall pay a $100 fee per year for a license or license renewal.

f) Qualifying government research and demonstration entities shall pay a $200 fee per year for a license or license renewal. The Department is exempt from this fee when registering as a qualifying government research and demonstration entity.

g) In the event the Department laboratory provides optional testing services to licensees for purposes of complying with testing requirements, the Department may assess a reasonable fee to cover the Department's costs not to exceed $1,000 per analysis for hemp testing conducted by the Department.

h) In the event the Department provides optional sampling services to licensees, the Department may assess a reasonable fee to cover the Department's costs not to exceed $500 per sample if the sample is collected by the Department.

History

• Source: Amended at 49 Ill. Reg. 119, effective December 23, 2024

8 Ill. Adm. Code 1200.90 Restrictions on Sale and Transfer

a) A licensed person shall not sell or transfer, or permit the sale or transfer of, living plants or viable seeds to any person in the State of Illinois who does not hold a license or registration issued by the Department.

b) A licensed person shall not sell or transfer, or permit the sale or transfer of, living plants or viable seeds outside the State of Illinois that is not authorized by a state agency under the laws of the destination state.

c) The Department shall permit the sale or transfer of stripped stalks, fiber, dried roots, nonviable seeds, seed oils, floral and plant extracts (excluding THC in excess of 0.3%) and other marketable hemp products to members of the general public, both within and outside the State of Illinois.

History

• Source: Amended at 49 Ill. Reg. 119, effective December 23, 2024

8 Ill. Adm. Code 1200.100 Other Prohibited Activities

a) A licensed person shall not plant or grow hemp on any site not listed in the application.

b) A licensed person shall not ship or transport, or allow to be shipped or transported, live hemp plants, cuttings for planting, or viable seeds from a variety that is currently designated by the Department as a prohibited variety or a variety of concern to any location outside the State of Illinois.

c) A licensed person shall not ship or transport, or allow to be shipped or transported, any hemp product with a total delta-9 THC concentration in excess of 0.3% on a dry weight basis.

d) A licensed person shall not ship or transport cannabis seeds, plants or parts of cannabis plants that the licensee knows or has reason to know are of a variety that will produce a plant that, when tested, will produce more than 0.3% total THC concentration on a dry weight basis.

History

• Source: Amended at 49 Ill. Reg. 119, effective December 23, 2024

8 Ill. Adm. Code 1200.110 Transportation of Industrial Hemp

There is no State restriction on the transportation of industrial hemp product following retail sale to a member of the public.

History

• Source: Amended at 49 Ill. Reg. 119, effective December 23, 2024

8 Ill. Adm. Code 1200.120 Violations

a) A licensee or registrant shall be subject to subsection (b) if the Department determines that the licensee or registrant has negligently violated the Act or this Part, including by negligently:

1. Failing to provide a legal description of land on which the licensee produces hemp;

2. Failing to obtain a license, registration or other required authorization required by this Part from the Department; or

3. Producing Cannabis with a total THC concentration exceeding the acceptable hemp THC level. Licensees do not commit a negligent violation under subsection (b)(3) if they make reasonable efforts to grow hemp and the cannabis plant does not have a total THC concentration of more than 1% on a dry weight basis.

b) A licensee or registrant described in subsection (a) shall comply with a corrective action plan established by the Department to correct the negligent violation, including:

1. a reasonable date by which the licensee or registrant shall correct the negligent violation;

2. a requirement that the licensee or registrant shall periodically report to the Department on the compliance of the licensee or registrant for a period of not less than 2 calendar years; and

3. announced or unannounced inspections by Department of licensee or registrant to confirm compliance with the corrective action plan.

c) A licensee or registrant that negligently violates the Act or this Part (see subsection (a)) shall not, as a result of that violation, be subject to any criminal enforcement action by any federal, State or local government and shall not receive more than one negligent violation per growing season.

d) A licensee or registrant that negligently violates subsection (a) 3 times in a 5-year period shall be ineligible to hold a license or registration for a period of 5 years beginning on the date of the third violation.

e) If the Department determines that a licensee has violated the Act or this Part with a culpable mental state greater than negligence, the Department shall immediately report the licensee to:

1. The Attorney General of the United States;

2. The Attorney General of Illinois; and

3. The Illinois State Police.

f) The Department may, on its own initiative, or after receipt of a complaint against a licensee or registrant, conduct an investigation to determine whether a violation has taken place.

g) A licensee or registrant that wants to contest the Department's determination of a violation of the Act or this Part must do so by submitting a request for an administrative hearing in writing to the Department's Division of Cannabis Regulation, attention Hemp Program, within 30 calendar days after receiving notice of the violation.

History

• Source: Amended at 49 Ill. Reg. 119, effective December 23, 2024

8 Ill. Adm. Code 1200.130 Administrative Penalties

a) Any hearing conducted by the Department pursuant to the Act shall be conducted in accordance with the Department's rules applicable to formal administrative proceedings (8 Ill. Adm. Code 1.Subparts A and B). All such hearings shall be held in Springfield IL or such other location as mutually agreed to by the Department and the other party.

b) Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, the Department may revoke, suspend, place on probation or supervision, reprimand, issue cease and desist orders, refuse to issue or renew a license or registration, or take any other disciplinary or nondisciplinary action as the Department may deem proper with regard to a licensed or registered entity or person.

c) The Department may impose fines, not to exceed $10,000 for each violation, for any violations of the Act or this Part.

8 Ill. Adm. Code 1300.10 Definitions and Incorporations

Definitions for this Part can be located in Section 10 of the Cannabis Regulation and Tax Act [410 ILCS 705]. The following definitions shall also apply to this Part:

"Act" means the Cannabis Regulation and Tax Act [410 ILCS 705].

"Adult Use Cultivation Center License" means a license issued by the Department of Agriculture that licenses a person to act as a cultivation center under the Act and any administrative rule made in furtherance of the Act. [410 ILCS 705/1-10]

"Advertise" means to engage in promotional activities including, but not limited to: newspaper, radio, Internet and electronic media, and television advertising; the distribution of fliers and circulars; and the display of window and interior signs. [410 ILCS 705/1-10]

"Alarm System" means a device or series of devices intended to summon law enforcement personnel during, or as a result of, an alarm condition. Devices may include hard-wired systems and systems interconnected with a radio frequency method such as cellular or private radio signals that emit or transmit a remote or local audible, visual or electronic signal; motion detectors, pressure switches, duress alarms (a silent system signal generated by the entry of a designated code into the arming station to indicate that the user is disarming under duress); panic alarms (an audible system signal to indicate an emergency situation); and hold-up alarms (a silent system signal to indicate that a robbery is in progress). The Department and law enforcement agencies shall have the ability to access a cultivation center's security alarm system in real-time.

"Alterations" means any change at a cannabis business establishment that does not alter the physical structure of the building or any building system, but that alters, adds, or removes security measures or operational controls used to protect against diversion or theft of cannabis or cannabis operations; alters, adds, or removes workflows or production equipment used for the handling, production, tracking, or storage of cannabis and cannabis products; or changes the functional use of a room or space used for such activities, including changes that alter or deviate from the approved Security Plan or Operational Management and Practices Plan.

"Applicant" means the proposed licensee name as stated on the license application.

"Area Zoned for Residential Use" means an area zoned exclusively for residential use; provided that, in municipalities with a population over 2,000,000 people, an "area zoned for residential use" means an area zoned as a residential district or a residential planned development. An area that allows non-residential uses shall not be considered an area zoned exclusively for residential use.

"Batch" means a specific quantity of homogeneous cannabis or cannabis product that is one of the following types:

"Plant Batch" means a grouping of immature plants.

"Harvest Batch" means a specifically identified quantity of dried flower or trim, leaves, or other cannabis plant matter that is harvested at the same time.

"Production Batch" means either:

An amount of cannabis concentrate or extract produced in one production cycle using the same extraction methods and standard operating procedures; or

An amount of a type of cannabis product produced in one production cycle using the same formulation and standard operating procedures. Each production batch shall be assigned a unique identifier for the purpose of tracking, quality control, testing, labeling, and potential recalls, and shall be traceable to one or more harvest batches.

"Biosecurity" means a set of preventative measures designed to reduce the risk of transmission of infectious diseases in crops, quarantined pests, invasive alien species, and living modified organisms.

"Cannabinoid" means any chemical compound that interacts with the human endocannabinoid system and is structurally related to the class of molecules known as phytocannabinoids, including, but not limited to, tetrahydrocannabinols, cannabidiols, cannabinols, cannabigerols, their acids, isomers, analogs, salts, and derivatives, regardless of source or method of production.

"Cannabis" means marijuana, hashish, and other substances that are identified as including any parts of the plant Cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds of that plant; the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other naturally produced cannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Cannabis" does not include industrial hemp as defined and authorized under the Industrial Hemp Act. "Cannabis" also means cannabis flower, concentrate and cannabis-infused products. [410 ILCS 705/1-10]

"Cannabis Business Establishment" means a cultivation center, craft grower, infuser, dispensing organization, or transporter. [410 ILCS 705/1-10]

"Cannabis Concentrate" means a product derived from cannabis that is produced by extracting cannabinoids, including tetrahydrocannabinol (THC), from the plant through the use of propylene glycol, glycerin, butter, olive oil, or other typical cooking fats; water, ice, or dry ice; or butane, propane, CO2, ethanol, or isopropanol and with the intended use of smoking or making a cannabis-infused product. The use of any other solvent is expressly prohibited unless, and until, it is approved by the Department of Agriculture. [410 ILCS 705/1-10]

"Cannabis Container" means a sealed, traceable container or package used for the purpose of containment of cannabis or cannabis-infused product during transportation. [410 ILCS 705/1-10]

"Cannabis-infused Product" means a beverage, food, oil, ointment, tincture, topical formulation, or another product containing cannabis that is not intended to be smoked. [410 ILCS 705/1-10]

"Cannabis Plant Monitoring System" or "Plant Monitoring System" means a system that includes, but is not limited to, testing and data collection established and maintained by the cultivation center, craft grower, infuser, or processing organization and that is available to the Department of Revenue, the Department of Agriculture, the Department of Financial and Professional Regulation, and the Illinois State Police for the purposes of documenting each cannabis plant and monitoring plant development throughout the life cycle of a cannabis plant cultivated for the intended use by a customer from seed planting to final packaging. [410 ILCS 705/1-10]

"Cannabis Product" means a product containing cannabis.

"Cannabis Waste" means all cannabis byproduct, scrap, harvested cannabis, and cannabis-infused products not intended for distribution to a dispensing organization.

"Canopy Space" means the surface area utilized to produce mature plants calculated in square feet and measured using the outside boundaries of any area that includes mature marijuana plants, including all the space within the boundaries. The square footage of canopy space is measured horizontally starting from the outermost point of the furthest mature flowering plant in a designated growing space and continuing around the outside of all mature flowering plants located within the designated growing space. If growing spaces are stacked vertically, each level of space shall be measured and included as part of the total canopy space measurement.

"Community College Cannabis Vocational Training Pilot Program Faculty Participant" means a person who is 21 years of age or older, licensed by the Department of Agriculture, and employed or contracted by an Illinois community college to provide student instruction using cannabis plants at an Illinois Community College. [410 ILCS 705/1-10]

"Conditional Adult Use Cultivation Center License" or "CAUCCL" means a license awarded to top-scoring applicants for an Adult Use Cultivation Organization License that reserves the right to an Adult Use Cultivation Center License if the applicant meets certain criteria set forth in this Part. [410 ILCS 705/1-10] A Conditional Adult Use Cultivation Center Licensee or applicant may also be referred to as a "cultivation center".

"Craft Grower" means a facility operated by an organization or business that is licensed by the Department to cultivate, dry, cure, and package cannabis and perform other necessary activities to make cannabis available for sale, at a dispensing organization, or use, at an infuser. A craft grower may contain up to 5,000 square feet of canopy space on its premises for plants in the flowering state. The Department may authorize an increase or decrease of flowering stage cultivation space in increments of 3,000 square feet by rule based on market need, craft grower capacity, and the licensee's history of compliance or noncompliance, with a maximum space of 14,000 square feet for cultivating plants in the flowering stage, which must be cultivated in all stages of growth in an enclosed and secure area. A craft grower may share premises with an infuser or a dispensing organization, or both, provided each licensee stores currency and cannabis or cannabis-infused products in a separate secured vault to which the other licensee does not have access or all licensees sharing a vault share more than 50% of the same ownership. [410 ILCS 705/1-10]

"Craft Grower Agent" means a principal officer, board member, employee, or other agent of a craft grower who is 21 years of age or older. [410 ILCS 705/1-10]

"Crop Input" means any substance that is used for the production of adult use cannabis. This may include pesticides as defined by the Illinois Pesticide Act [415 ILCS 60/4] or the American Association of Pesticide Control Officials, fertilizers as defined by the Illinois Fertilizer Act of 1961 [505 ILCS 80/3] or the American Association of Plant Food Officials, and soil amendments as defined by the Soil Amendment Act [505 ILCS 120/10].

"Cultivation Center" means a facility operated by an organization or business that is licensed by the Department to cultivate, process, transport (unless otherwise limited by the Act), and perform other necessary activities to provide cannabis and cannabis-infused products to cannabis business establishments. [410 ILCS 705/1-10]

"Cultivation Center Agent" means a principal officer, board member, employee, or other agent of a cultivation center who is 21 years of age or older. [410 ILCS 705/1-10]

"Department" means the Illinois Department of Agriculture.

"DFPR" means the Illinois Department of Financial and Professional Regulation.

"Director of Agriculture" or "Director" means the Director of the Illinois Department of Agriculture.

"Disproportionately Impacted Area" means a census tract or comparable geographic area that satisfies the following criteria as determined by the Department of Commerce and Economic Opportunity, that:

Meets at least one of the following criteria:

The area has a poverty rate of at least 20% according to the latest federal decennial census;

75% or more of the children in the area participate in the federal free lunch program according to reported statistics from the State Board of Education;

At least 20% of the households in the area receive assistance under the Supplemental Nutrition Assistance Program; or

The area has an average unemployment rate, as determined by the Illinois Department of Employment Security, that is more than 120% of the national unemployment average, as determined by the United States Department of Labor, for a period of at least 2 consecutive calendar years preceding the date of the application; and

Has high rates of arrest, conviction, and incarceration related to the sale, possession, use, cultivation, manufacture, or transport of cannabis. [410 ILCS 705/1-10]

"DOR" means the Illinois Department of Revenue.

"DPH" means the Illinois Department of Public Health.

"Early Approval Adult Use Cultivation Center License" or "Early Approval License" means a license that permits a medical cannabis cultivation center licensed under the Compassionate Use of Medical Cannabis Pilot Program Act as of the effective date of the Cannabis Regulation and Tax Act to begin cultivating, infusing, packaging, transporting (unless otherwise provided in the Act), and selling cannabis to cannabis business establishments for resale to purchasers as permitted by the Act as of January 1, 2020. [410 ILCS 705/1-10]

"Enclosed, Locked Facility" means a room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by cannabis business establishment agents working for the licensed cannabis business establishment or acting pursuant to the Act to cultivate, process, store, or distribute cannabis. [410 ILCS 705/1-10]

"Enclosed, Locked Space" means a closet, room, greenhouse, building or other enclosed area equipped with locks or other security devices that permit access only by authorized individuals under the Act. "Enclosed, locked space" may include:

A space within a residential building that is the primary residence of the individual cultivating 5 or fewer cannabis plants that are more than 5 inches tall and includes sleeping quarters and indoor plumbing. The space must only be accessible by a key or code that is different from any key or code that can be used to access the residential building from the exterior; or

A structure, such as a shed or greenhouse, that lies on the same plot of land as a residential building that includes sleeping quarters and indoor plumbing and is used as a primary residence by the person cultivating 5 or fewer cannabis plants that are more than 5 inches tall, such as a shed or greenhouse. The structure must remain locked when it is unoccupied by people. [410 ILCS 705/1-10]

"Enhanced Pre-Roll" or "Enhanced Flower" means a final form cannabis product that contains both cannabis and cannabis concentrate.

"Facility" means the physical structures associated with a licensee.

"Financial Interest" means any actual or future right to ownership, investment or compensation arrangement with another person, either directly or indirectly, through business, investment, spouse, parent or child, in a cultivation center. Financial interest does not include ownership of investment securities in a publicly-held corporation that is traded on a national securities exchange or over-the-counter market in the United States, provided the investment securities held by the person and the person's spouse, parent or child, in the aggregate, do not exceed one percent ownership in the cultivation center.

"Fingerprint-based Criminal History Records Check" means a fingerprint-based criminal history records check conducted by the Illinois State Police in accordance with the Uniform Conviction Information Act (UCIA) [20 ILCS 2635/10] or 20 Ill. Adm. Code 1265.30 (Electronic Transmission of Fingerprint Requirements).

"Immature Plant" means a cannabis plant that measures less than 16 inches in total height as measured from the soil or growing medium to the highest point of the plant.

"Impacted Family" means an individual who has a parent, legal guardian, child, spouse, or dependent, or was a dependent of an individual who, prior to the effective date of the Act, was arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under the Act.

"Infuser" means a facility operated by an organization or business that is licensed by the Department to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product. [410 ILCS 705/1-10]

"Infuser Agent" means a principal officer, board member, employee, or agent of an infuser.

"Input" means a cannabinoid derivative that includes cannabidiol (CBD), cannabigerol (CBG), tetrahydrocannabivarin (THCV), or cannabinol (CBN), in the form of an isolate, derived from hemp, that is used as a raw material in the manufacture of cannabis products by a Department-licensed cultivation center, craft grower, or infuser. This definition does not include "crop inputs" as that term is defined in this Part.

"Isolate" means a concentrate that is more than 95% comprised of a single cannabinoid compound created by an extraction process.

"ISP" means the Illinois State Police.

"Label" means a display of written, printed or graphic matter on the immediate container of any product containing cannabis.

"Laboratory" means an independent laboratory located in Illinois and approved by the Department to have custody and use of controlled substances for scientific and medical purposes and for purposes of instruction, research or analysis.

"Labor Peace Agreement" means an agreement between a cannabis business establishment and any labor organization recognized under the National Labor Relations Act, referred to in this Act as a bona fide labor organization, that prohibits labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economics interference with the cannabis business establishment. This agreement means that the cannabis business establishment has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the cannabis business establishment's employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the cannabis business establishment's employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under State law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization. [410 ILCS 705/1-10]

"Livescan" means an inkless electronic system designed to capture an individual's fingerprint images and demographic data (name, sex, race, date of birth, etc.) in a digitized format that can be transmitted to ISP for processing. The data is forwarded to the ISP Bureau of Identification (BOI) over a virtual private network (VPN) and then processed by ISP's Automated Fingerprint Identification System (AFIS). Once received at the BOI for processing, the inquiry may, as permitted by law, be forwarded to the Federal Bureau of Investigation (FBI) electronically for processing.

"Livescan Vendor" means an entity licensed by DFPR to provide commercial fingerprinting services under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

"Manufacturing" or "Manufacture" means the process of converting harvested cannabis material into a finished product by manual labor and/or machinery designed to meet a specific need or customer expectation, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.

"Modification" means any change at a cannabis business establishment that modifies the physical layout, floor area, or structural configuration of the facility, including the addition, removal, or relocation of any wall, partition, or door opening; modifies the design, capacity, or performance of any building system, including mechanical, electrical, plumbing, fire protection, or life safety systems; or results in a change of occupancy or use as defined by applicable building or fire codes.

"Monitoring" means the continuous and uninterrupted video surveillance of production activities and oversight for potential suspicious actions. Monitoring includes video surveillance for the purpose of summoning a law enforcement officer to the premises during alarm conditions.

"Motor Vehicle" means a self-propelled vehicle as defined in Section 1-146 of the Illinois Vehicle Code [625 ILCS 5/1-146].

"Natural Processing" or "Naturally Produced" means the preparation of the harvested cannabis without significantly changing its physical form.

"Operational and Management Practices Plan" means a narrative description of all practices that will be employed at the cultivation center for the production of cannabis and cannabis-infused products. The plan shall include, but is not limited to:

The types and quantities of cannabis products that will be produced at the cultivation center;

The methods of planting (seed or clones), harvesting, drying and storage of cannabis;

The estimated quantity of waste material to be generated and plans for subsequent disposal;

The quantity and proposed method for disposal for all crop inputs utilized for plant production;

Methods for training employees for the specific phases of production;

Biosecurity measures to be implemented for plant production and edible infused product production;

Planned response to discrepancies in accounting of product inventories;

Sampling strategy and quality testing for labeling purposes;

Procedures to follow for proper labeling; and

Procedures to follow for handling mandatory and voluntary recalls of cannabis or cannabis-infused products.

"Ownership and Control" means ownership of at least 51% of the business, including corporate stock if a corporation, and control over the management and day-to-day operations of the business and an interest in the capital, assets, and profits and losses of the business proportionate to percentage of ownership. [410 ILCS 705/1-10]

"Package Tag" means the tag that is labeled with a unique serial number provided by the Department or the Department's designee for attaching to batches of cannabis or cannabis product.

"Plant Tag" means the tag that is labeled with a unique serial number and provided by the Department or the Department's designee for attaching to a cannabis plant.

"Primary Residence" means a dwelling where a person usually stays or stays more often than other locations. It may be determined by, without limitation, presence; tax filings; address on an Illinois driver's license, an Illinois Identification Card, or an Illinois Person with a Disability Identification Card; or voter registration. No person may have more than one primary residence. [410 ILCS 705/1-10]

"Principal Officer" includes:

A cannabis business establishment applicant or licensed cannabis business establishment's board member, owner with more than 1% interest of the total cannabis business establishment or more than 5% interest of the total cannabis business establishment of a publicly traded company;

President, vice president, secretary, treasurer, partner, officer, member, manager member, or person with a profit sharing, financial interest, or revenue sharing arrangement.

The definition includes a person with authority to control the cannabis business establishment, a person who assumes responsibility for the debts of the cannabis business establishment, and a person who is further defined in the Act. [410 ILCS 705/1-10]

"Production" or "To Produce" means the planting, preparation, cultivation, growing, harvesting, propagation, compounding, conversion, natural processing, or manufacturing of cannabis, and includes any packaging or repackaging of the substance, or labeling or relabeling of its container.

"Processing organization" or "processor" means a facility operated by an organization or business that is licensed by the Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product. [410 ILCS 705/1-10]

"Qualified Applicant" means an applicant for a cultivation center permit who receives at least the minimum required score in each category required by the application.

"Qualified Social Equity Applicant" means a Social Equity Applicant who has been awarded a conditional license under the Act to operate a cannabis business establishment. [410 ILCS 705/1-10]

"Resided" means an individual's primary residence was located within the relevant geographic area as established by 2 of the following:

A signed lease agreement that includes the applicant's name;

A property deed that includes the applicant's name;

School records;

A voter registration card;

An Illinois driver's license, an Illinois Identification Card, or an Illinois Person with a Disability Identification Card;

A paycheck stub;

A utility bill; or

Any other proof of residency or other information necessary to establish residence as provided by this Part. [410 ILCS 705/1-10]

"Restricted Area" means a building, room or other contiguous area upon the permitted premises where cannabis is grown, cultivated, harvested, stored, weighed, packaged, sold or processed for sale, under control of the permitted facility.

"Sale" means any form of delivery, which includes barter, exchange or gift, or offer therefor, and each such transaction made by any person whether as principal, proprietor, agent, servant or employee.

"Secretary of State" or "SOS" means the Illinois Secretary of State.

"Social Equity Applicant" means an applicant that is an Illinois resident that meets one of the following criteria:

An applicant with at least 51% ownership and control by one or more individuals who have resided for at least 5 of the preceding 10 years in a Disproportionately Impacted Area;

An applicant with at least 51% ownership and control by one or more individuals who:

Have been arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under the Act; or

Is a member of an impacted family;

For applicants with a minimum of 10 full-time employees, an applicant with at least 51% of current employees who:

Currently reside in a Disproportionately Impacted Area; or

Have been arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under the Act or member of an impacted family.

"THC" means delta-9 tetrahydrocannabinol.

"THCA" means tetrahydrocannabinolic acid.

"Total THC" means the cannabinoid content determined by the calculation of THC + (THCa x 0.877).

"Transportation Activities" means the transport of cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program.

"Transporter" means an organization or business that is licensed by the Department of Agriculture to transport cannabis or cannabis-infused product on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program. [410 ILCS 705/1-10]

"Transporter Agent" or "transporting organization agent" means a principal officer, board member, employee, or agent of a transporting organization.

"Transporter Transfer Site" or "Transfer Site" means a secure physical facility, approved by the Department, operated by a transporter, that the transporter may use solely to transfer cannabis and cannabis products between vehicles registered to the transporter and/or to switch drivers who are transporting organization agents.

"Unique Serial Number" means the alphanumeric code or designation used for reference to a specific plant and any cannabis or cannabis product derived or manufactured from that plant.

"Usable Cannabis" means the seeds, leaves, buds, and flowers of the cannabis plant, and any mixture or preparation thereof, including the resin extracted from any part of the plant, but does not include the stalk and roots of the plant. It does not include the weight of any non-cannabis ingredients combined with cannabis, such as ingredients added to prepare a topical administration, food, or drink.

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

8 Ill. Adm. Code 1300.20 Referenced Materials

a) The following federal statutes and regulations are referenced in this Part:

1. Federal Statutes

A) Fair Packaging and Labeling Act (15 USC 1451 et seq.)

B) Federal Food, Drug, and Cosmetic Act (21 USC 301 et seq.)

C) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 USC 136)

D) National Labor Relations Act (29 USC 151 through 169)

E) Poison Prevention Packaging Act of 1970 (15 USC 1471 et seq.)

2. Federal Regulations

A) Poison Prevention Packaging (16 CFR 1700) (2014)

B) Tolerances and Exemptions for Pesticide Chemical Residues in Food (40 CFR 180) (2013)

b) The following Illinois statutes are referenced in this Part:

1. Administrative Review Law (Article III of the Code of Civil Procedure) [735 ILCS 5/Art. III]

2. Business Enterprise for Minorities, Females, and Persons with Disabilities Act [30 ILCS 575]

3. Cannabis Control Act [720 ILCS 550]

4. Cannabis Regulation and Tax Act [410 ILCS 705]

5. Code of Civil Procedure [735 ILCS 5]

6. Compassionate Use of Medical Cannabis Program Act [410 ILCS 130]

7. Criminal Code of 2012 [720 ILCS 5]

8. Department of Professional Regulation Law of the Civil Administrative Code of Illinois [20 ILCS 2105]

9. Environmental Protection Act [415 ILCS 5]

10. Food Handling Regulation Enforcement Act [410 ILCS 625]

11. Freedom of Information Act [5 ILCS 140]

12. Illinois Controlled Substances Act [720 ILCS 570]

13. Illinois Dental Practice Act [225 ILCS 25]

14. Illinois Fertilizer Act of 1961 [505 ILCS 80]

15. Illinois Food, Drug and Cosmetic Act [410 ILCS 620]

16. Illinois Pesticide Act [415 ILCS 60]

17. Illinois Procurement Code [30 ILCS 500]

18. Illinois Uniform Conviction Information Act [20 ILCS 2635]

19. Illinois Vehicle Code [625 ILCS 5]

20. Industrial Hemp Act [505 ILCS 89]

21. Medical Practice Act of 1987 [225 ILCS 60]

22. Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 [225 ILCS 447]

23. Probate Act of 1975 [755 ILCS 5]

24. Public Community College Act [110 ILCS 805]

25. Rights of Crime Victims and Witnesses Act [725 ILCS 120]

26. Sanitary Food Preparation Act [410 ILCS 650]

27. Soil Amendment Act [505 ILCS 120]

28. State Records Act [5 ILCS 160]

29. Weights and Measures Act [225 ILCS 470]

c) The following State administrative rules are referenced in this Part:

1. The Illinois Food, Drug and Cosmetic Act (77 Ill. Adm. Code 720)

2. Manufacturing, Processing, Packing or Holding of Food Code (77 Ill. Adm. Code 730)

3. Food Service Sanitation Code (77 Ill. Adm. Code 750)

4. Electronic Transmission of Fingerprint Requirements (20 Ill. Adm. Code 1265.30)

5. Illinois Environmental Protection Agency:

Technical Policy Statement (35 Ill. Adm. Code 651 (Introduction and Definitions) and 653 (Design, Operation and Maintenance Criteria))

35 Ill. Adm. Code, Ch. I (Pollution Control Board) and II (Environmental Protection Agency)

6. Illinois Plumbing Code (77 Ill. Adm. Code 890)

7. Illinois Pesticide Act (8 Ill. Adm. Code 250)

8. Department of Public Health, Compassionate Use of Medical Cannabis Patient Registry (77 Ill. Adm. Code 946.Subpart D)

9. Weights and Measures Code (8 Ill. Adm. Code 600)

10. Supplemental Nutrition Assistance Program (89 Ill. Adm. Code 121)

d) Incorporations by reference in this Part do not include any later amendments or editions beyond the date specified.

8 Ill. Adm. Code 1300.30 Scope and Application

a) The Department of Agriculture shall administer and enforce provisions of the Act relating to the oversight and registration of cultivation centers, craft growers, infusers, transporters, and agents, including the issuance of identification cards and establishing limits on potency or serving size for cannabis or cannabis products. [410 ILCS 705/5-10]

b) A cannabis business establishment and community college cannabis vocational pilot program licensed by the Department shall be in compliance with all of this Part prior to the commencement of operational activities, including the storage of cannabis.

c) Pursuant to the Act, this Part shall apply to applicants for and holders of a cannabis business establishment license.

d) Authorized On-Premises Storage. A cultivation center, craft grower, infuser, processor, or community college cannabis vocational pilot program licensee is authorized to store cannabis and cannabis products inventory on the licensed premises. All inventory stored on the licensed premises must be secured in a limited access area and tracked using the inventory and security requirements of this Part.

e) Packaging and Labeling Standards Required. A cultivation center, craft grower, infuser, or processor is prohibited from selling cannabis and cannabis product that is not packaged and labeled in accordance with Subpart J.

f) Sale to Consumer Prohibited. A cannabis business establishment licensed by the Department is prohibited from selling cannabis or any cannabis product, or other products intended for human or animal consumption, directly to a consumer or any business that is not a cannabis business establishment.

g) Consumption Prohibited. A cannabis business establishment or community college cannabis vocational pilot program licensed by the Department shall not permit the consumption of cannabis or cannabis products on its licensed premises.

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

8 Ill. Adm. Code 1300.40 Operation of a Cannabis Business Establishment

a) Only a cannabis business establishment that has been issued a license by the Department under the Act and this Part shall own or operate a cultivation center, craft grower, infuser, processor, or transporter.

b) A cannabis business establishment, including each principal officer, board member, agent and employee, shall not:

1. Produce, manufacture, or store cannabis or cannabis product in any place except in those areas designated in the license;

2. Produce, manufacture, or store cannabis or cannabis product for use outside of Illinois;

3. Sell, deliver, transport or distribute cannabis or cannabis product to any person or entity other than a cannabis business establishment licensed by the Department, a dispensing organization registered with DFPR, a testing laboratory approved by the Department, or a State regulatory entity or law enforcement;

4. Enter into an exclusive agreement with any other cannabis business establishment;

5. Refuse to conduct business with any other cannabis business establishment that has the financial ability to pay for products or services, except when prohibited by law;

6. Either directly or indirectly discriminate in price among different cannabis business establishments. Nothing in this subsection (b) prevents pricing 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.

c) Except as provided in subsections (d) and (e), a Department licensed cannabis business establishment shall not obtain or otherwise permit or facilitate the entry to their facility of any cannabis, hemp, industrial hemp, and any other cannabis plant derived material that is not cultivated by a licensed Illinois cannabis business establishment. On or after July 1, 2026 a Department licensed cannabis business establishment shall not incorporate, manufacture or transport any cannabis product that contains cannabis, hemp, industrial hemp, or any cannabis plant material unless such material was cultivated by a licensed Illinois cannabis business establishment.

d) A cultivation center, craft grower, or infuser may obtain cannabidiol (CBD), cannabigerol (CBG), tetrahydrocannabivarin (THCV), or cannabinol (CBN) inputs subject to the following requirements:

1. Approval:

A) Prior to the arrival of the input at the licensee facility, the licensee shall submit a request to the Department to accept the input at the facility. The Department shall approve or deny the request within 5 calendar days of receipt of a request.

B) Licensee cannot accept the input into their facility unless and until Department approves the request. The Department shall approve requests for inputs that meet the requirements of this Section.

C) If the request is approved, the licensee must receive the input at their facility and record such in the cannabis plant monitoring system within the timeframe specified in the Department's approval.

D) If the Department denies the request, the licensee cannot accept the input at their facility.

E) Licensee shall not use the input in any cannabis product until it is approved and recorded in the cannabis plant monitoring system.

2. Requests for Approval:

A) Requests shall be submitted through the cannabis plant monitoring system, or other Department-approved method.

B) Requests shall include the type and quantity of the input.

3. The input was cultivated by a hemp grower licensed by the United States Department of Agriculture, or a state or tribal plan approved by the United States Department of Agriculture;

4. The input is in the form of isolate;

5. The input is to be used as an ingredient in a cannabis-infused product;

6. The input is stored in an amount not to exceed 1 kilogram and shall be entered into the cannabis plant monitoring system in grams;

7. The input shall be made available for an employee of an approved laboratory to select a representative sample;

8. The sample must pass all required tests under Section 1300.700 prior to usage of the input;

9. The certificate of analysis for the input, and the name and license number of the licensed hemp grower, shall be readily available at the licensee's facility for inspection, in a physical or digital format; and

10. The input shall be naturally derived from the plant cannabis sativa L.

e) A cultivation center or craft grower may obtain seeds, clones, or new genetics from an entity other than a cannabis business establishment upon approval of the Department. A request for approval shall be made through the cannabis plant monitoring system, unless otherwise designated by the Department, and must include the quantity and the transfer must be made within the time window stated in the system. The Department shall approve or deny the request within 5 calendar days after receipt of a request.

f) A cultivation center, craft grower, or infuser shall not be required to obtain a hemp processor registration under 8 Ill. Adm. Code 1200 to utilize inputs under subsection (d).

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1300 Cannabis Regulation and Tax Act

8 Ill. Adm. Code 1300.100 Application, Selection, and Operation of Early Adult Use Cultivation Center License

a) A medical cannabis cultivation center seeking issuance of an Early Approval Adult Use Cultivation Center License shall submit an application on forms provided by the Department of Agriculture. The application must meet or include the following qualifications:

1. Payment of a nonrefundable application fee of $100,000, unless the applicant is eligible for a fee waiver pursuant to Section 7-20 of the Act;

2. Proof of registration as a medical cannabis cultivation center that is in good standing;

3. Submission of the application by the same person or entity that holds the medical cannabis cultivation center registration;

4. Certification that the applicant will comply with the requirements of Section 20-30 of the Act;

5. The legal name of the cultivation center;

6. The physical address of the cultivation center;

7. The name, address, social security number and date of birth of each principal officer and board member of the cultivation center; each of those individuals shall be at least 21 years of age;

8. A nonrefundable Cannabis Business Development Fee equal to 5% of the cultivation center's total sales between June 1, 2018 to June 1, 2019 or $750,000, whichever is less, but not less than $250,000, to be deposited into the Cannabis Business Development Fund; and

9. A commitment to completing one of the Social Equity Inclusion Plans before the expiration of the Early Approval License:

A) A contribution of 5% of the cultivation center's total sales from June 1, 2018 to June 1, 2019, or $100,000, whichever is less, to one of the following:

i) The Cannabis Business Development Fund. This is in addition to the fee required by subsection (a)(8);

ii) A cannabis industry training or education program at an Illinois community college, as defined in the Public Community College Act;

iii) A program that provides job training services to persons recently incarcerated or that operates in a Disproportionately Impacted Area.

B) Participate, for at least one year, as a host in a cannabis business incubator program approved by the Department of Commerce and Economic Opportunity, and in which an Early Approval License holder agrees to provide a loan of at least $100,000 and mentorship to incubate a licensee that qualifies as a Social Equity Applicant. As used in this Section, "incubate" means providing direct financial assistance and training necessary to engage in licensed cannabis industry activity similar to that of the host licensee. The Early Approval License holder or the same entity holding any other licenses issued pursuant to the Act shall not take an ownership stake of greater than 10% in any business receiving incubation services to comply with this subsection (a)(9)(B). If an Early Approval License holder fails to find a business to incubate to comply with this subsection (a)(9)(B) before its Early Approval License expires, it may opt to meet the requirements of this subsection by completing another item from this subsection prior to the expiration of its Early Approval License to avoid a penalty. [410 ILCS 705/20-10(b)]

b) An Early Approval License is valid until March 31, 2021. A cultivation center that obtains an Early Approval License will receive written or electronic notice, 90 days before the expiration of the license, that the license will expire. The notice will inform the license holder that it may renew its Early Approval License. The Department will grant a renewal of an Early Approval License within 60 days after submission of an application if:

1. The cultivation center submits an application and the required renewal fee of $100,000 for an Early Approval License;

2. The Department has not suspended the license of the cultivation center or suspended or revoked the license for violating the Act or this Part; and

3. The cultivation center has completed a Social Equity Inclusion Plan as required by subsection (a)(9). [410 ILCS 705/20-10(c)]

c) The Early Approval License renewed pursuant to subsection (b) shall expire March 31, 2022. The Early Approval License holder will receive written or electronic notice, 90 days before the expiration of the license, that the license will expire. The notice will inform the license holder that it may apply for an Adult Use Cultivation Center License. The Department will grant an Adult Use Cultivagtion Center License within 60 days after an application being deemed complete. [410 ILCS 705/20-10(c-5)]

d) The license fee required by subsection (a)(1) shall be in addition to any license fee required for the renewal of a registered medical cannabis cultivation center license that expires during the effective period of the Early Approval License. [410 ILCS 705/20-10(d)]

e) Applicants must submit to the Department all required information, including the requirements in subsection (a). Failure by an applicant to submit all required information may result in the application being disqualified. [410 ILCS 705/20-10(e)]

f) If the Department receives an application with missing information, the Department may issue a deficiency notice to the applicant. The applicant shall have 10 calendar days from the date of the deficiency notice to submit complete information. Applications that are still incomplete after this opportunity to cure may be disqualified. [410 ILCS 705/20-10(f)]

g) If an applicant meets all the requirements of subsection (a), the Department will issue the Early Approval License within 14 days after receiving the application unless:

1. The licensee, principal officer, board member, or person having a financial or voting interest of 5% or greater in the licensee, or agent of one of these entities is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois;

2. The Director of Agriculture determines there is reason, based on an inordinate number of documented compliance violations, the licensee is not entitled to an Early Approval License; or

3. The licensee fails to commit to the Social Equity Inclusion Plan. [410 ILCS 705/20-10(g)]

h) A cultivation center may begin producing cannabis and cannabis-infused products once the Early Approval License is approved. A cultivation center that obtains an Early Approval License may begin selling cannabis and cannabis-infused products on December 1, 2019. [410 ILCS 705/20/10(h)]

i) An Early Approval License holder must produce and provide cannabis and cannabis-infused products in type and quantity proportionate to the number of patients and caregivers it served on an average monthly basis for the 6 months before the effective date of the Act (i.e., before June 25, 2019). [410 ILCS 705/20-10(i)]

j) If there is a shortage of cannabis or cannabis-infused products, a license holder shall prioritize patients registered under the Compassionate Use of Medical Cannabis Pilot Program Act over adult use purchasers. [410 ILCS 705/20-10(j)]

k) If an Early Approval License holder fails to submit an application for an Adult Use Cultivation Center License before the expiration of the Early Approval License (see subsection (c)), the cultivation center shall cease adult use cultivation until it receives an Adult Use Cultivation Center License. [410 ILCS 705/20-10(k)]

l) A cultivation center agent who holds a valid cultivation center agent identification card issued under the Compassionate Use of Medical Cannabis Pilot Program Act and is an officer, director, manager, or employee of the cultivation center licensed under this Section may engage in all activities authorized by Article 20 of the Act to be performed by a cultivation center agent. [410 ILCS 705/20-10(l)]

m) If the Department suspends or revokes the Early Approval License of a cultivation center that also holds a medical cannabis cultivation center license, the Department will suspend or revoke the medical cannabis cultivation center license concurrently with the Early Approval License. [410 ILCS 705/20-10(m)]

n) All fees or fines collected from an Early Approval License holder as a result of a disciplinary action in the enforcement of the Act shall be deposited into the Cannabis Regulation Fund. [410 ILCS 705/20-10(n)]

8 Ill. Adm. Code 1300.102 Application for Conditional Adult Use Cultivation Center License

a) A Conditional Adult Use Cultivation Center License (CAUCCL) shall be obtained for each facility prior to commencement of any production activities. The license 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 will accept applications for CAUCCLs 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., they will be considered received on the next business day.

2. Submissions received after the 14-day period, or by a means other than required in this subsection (b), shall be returned to the applicant.

3. Notification of the availability of applications, instructions for completion and submission of applications, and application forms will be posted on the Department's website at www.agr.state.il.us/. Application forms will be made available online at that website.

c) The license application shall be submitted on the forms provided by the Department. The forms will include instructions for their completion and submission. The application will reflect the information required of applicants by the Act and this Part. The instructions on the application will reflect the total maximum number of points that can be awarded for each required criteria, measure and bonus point category listed in Section 1300.105(b). The instructions/application will also identify the total minimum number of points necessary from the required criteria and measures to be eligible for consideration of the bonus point categories. All applications will be reviewed and points awarded based upon the same point system in a fair and unbiased manner. If all materials, documentations, fees and information required by the application form are not submitted, the application shall be returned to the applicant along with a deficiency notice from the Department. The applicant shall then have 10 calendar days from the date of the deficiency notice to resubmit the application in its entirety. Applications that are still incomplete after this opportunity to cure will not be scored and will be returned to the applicant. [410 ILCS 705/20-15(c)] Once submitted, the required fee will not be returned. Upon receipt of an application deemed to be complete, the Department will engage in no further communication with the applicant until after the selection process is completed.

d) An applicant applying for a CAUCCL shall submit, in duplicate, the following:

1. The legal name of the cultivation center;

2. The proposed physical address of the cultivation center;

3. A description of the enclosed, locked facility where cannabis will be grown, harvested, manufactured, processed, packaged, or otherwise prepared for distribution to a dispensing organization;

4. The name, address, social security number, and date of birth of each principal officer and board member of the cultivation center; each principal officer and board member shall be at least 21 years of age;

5. The details of any administrative or judicial proceeding in which any of the principal officers or board members of the cultivation center:

A) Pled guilty or were convicted, fined, or had a registration or license suspended or revoked; or

B) Managed or served on the board of a business or non-profit organization that pled guilty or was convicted, fined, or had a registration or license suspended or revoked;

6. Cultivation, processing, inventory, and packaging plans;

7. Proposed operating by-laws (Operation and Management Practices Plan) that include procedures for the oversight of the cultivation center, development and implementation of a plant monitoring system, cannabis container tracking system, accurate record keeping, staffing plan, and security plan reviewed by ISP that are in accordance with the rules issued by the Department under the Act. A physical inventory shall be performed of all plants and cannabis containers on a weekly basis. ISP may utilize the services of a private security contractor licensed by DFPR to assist with performing a security plan review;

8. Proposed employment practices, in which the applicant must demonstrate a plan of action to inform, hire, and educate minorities, women, veterans, and persons with disabilities, engage in fair labor practices, and provide worker protections;

9. A statement demonstrating experience in or business practices that promote economic empowerment in Disproportionately Impacted Areas;

10. A statement demonstrating experience with the cultivation of agricultural or horticultural products, operating an agriculturally related business, or operating a horticultural business;

11. Any academic degrees, certifications, or relevant experience with related businesses; [410 ILCS 705/20-15]

12. The identity of every person, association, trust, partnership, other entity, or corporation having any direct or indirect pecuniary interest in the cultivation center operation with respect to which the registration is sought. If the disclosed entity is a trust, the application shall disclose the names and addresses of the beneficiaries; (Section 85 of the Compassionate Use of Medical Cannabis Program Act)

13. If a sole proprietorship, the name, residence and date of birth of the owner;

14. If a partnership, the names and addresses of all partners, both general and limited (Section 85 of the Compassionate Use of Medical Cannabis Program Act) and any partnership or joint venture documents;

A) For a domestic limited partnership, a copy of the Certificate of Limited Partnership and a Certificate of Good Standing from SOS dated within the last 60 days;

B) For a foreign limited partnership, a certificate of Good Standing from the state of formation, a copy of the Certificate of Authority from SOS, and a Certificate of Good Standing from SOS dated within the last 60 days;

15. If a limited liability partnership, the names and addresses of all partners, and any partnership or joint venture documents;

A) For a domestic limited liability partnership, a copy of the Certificate of Limited Liability Partnership and a Certificate of Good Standing from SOS dated within the last 60 days;

B) For a foreign limited liability partnership, a certificate of Good Standing from the state of formation, a copy of the Certificate of Authority from SOS, and a Certificate of Good Standing from SOS dated within the last 60 days;

16. If a corporation based in Illinois, a copy of the Articles of Incorporation and a copy of the Certificate of Good Standing issued by SOS or obtained from the SOS website within the last 60 days. If the corporation is a foreign corporation, a copy of the Articles of Incorporation, a copy of the Certificate of Good Standing from the state or country in which the corporation is domiciled, a copy of the Certificate of Authority from SOS, and a Certificate of Good Standing from SOS dated within the last 60 days. If using an assumed name (d/b/a), a copy of the assumed name registration issued by SOS. Additionally, applicants shall include the names and addresses of all stockholders and directors of the corporation (Section 85 of the Compassionate Use of Medical Cannabis Program Act);

17. If a limited liability company:

A) For a domestic limited liability company, a copy of the Articles of Organization, a copy of the Certificate of Good Standing issued by SOS or obtained from the SOS website within the last 60 days, and a listing of the members of the limited liability company and their contact information;

B) For a foreign limited liability company, a copy of the Articles of Organization and a Certificate of Good Standing from the state of organization, a copy of the Application for Admission to Transact Business in Illinois, along with a Certificate of Good Standing issued by SOS, all dated within the last 60 days;

18. If another type of business entity, the same or similar information, as applicable, to that listed in this subsection (d);

19. Verification from ISP that all background checks of the prospective principal officers, board members, and agents of the cannabis business establishment have been conducted. If ISP has not completed the background check, then the applicant shall provide verification that the request has been submitted to ISP;

20. A copy of the current local zoning ordinance or permit and verification that the proposed cultivation center is in compliance with the local zoning rules and distance limitations established by the local jurisdiction;

A) If the property is not owned but is currently leased by the applicant, the applicant shall provide: a copy of the lease; confirmation of land ownership; identification of any mortgagees and/or lienholders; a written statement from the property owner and/or landlord certifying consent that the applicant may operate a cultivation center on the premises; and, if applicable, verification of notification by the property owner to any and all mortgagees and/or perfected lienholders that the property is to be used as a cultivation center, and consent to that use by any mortgagees and/or perfected lienholders;

B) If the property is not owned or currently leased by the applicant, the applicant shall provide: a written statement from the property owner and/or landlord certifying consent that the applicant will lease or purchase the property for the purpose of operating a cultivation center; and, if applicable, verification of notification by the property owner to any and all mortgagees and/or perfected lienholders that the property is to be used as a cultivation center, and consent thereto by any mortgagees and/or perfected lienholders;

C) If the property is owned by the applicant, the applicant shall provide: confirmation of land ownership; identification of any and all mortgagees and/or perfected lienholders; and, if applicable, verification of notification to any and all mortgagees and/or perfected lienholders that the property is to be used as a cultivation center, and consent to that use by any mortgagees and/or perfected lienholders;

21. A non-refundable application fee;

22. A survey of the enclosed, locked facility, including the space used for cultivation;

23. A map of the cultivation center. The map must clearly demonstrate that the proposed cultivation center is not located within 1,500 feet of another cultivation center or craft grower;

24. A plot plan of the cultivation center drawn to a reasonable scale. If the cultivation center building is in existence at the time of the application, the applicant shall submit plans and specifications drawn to scale for the interior of the building. If the building is not in existence at the time of application, the applicant shall submit a plot plan and a detailed drawing to scale of the interior and the architect's drawing of the building to be constructed;

25. Documentation acceptable to the Department that the individual or entity filing the application has at least $100,000 in liquid assets. Documentation acceptable to the Department includes a signed statement from an Illinois Licensed CPA attesting to proof of the required amount of liquid assets under the control of an owner or the entity applying. The statement must be dated within 30 calendar days before the date the application was submitted;

26. Documentation acceptable to the Department that the individual or entity filing the application will be able to obtain insurance sufficient to indemnify and hold harmless the State and its officers and employees;

27. All relevant financial information set forth in Section 1300.103;

28. If any principal officers or board members are currently, or have previously been, licensed or authorized in another state or jurisdiction to produce or otherwise deal in the distribution of cannabis in any form, the following:

A) A copy of each licensing/authorizing document verifying licensure in that state or jurisdiction;

B) A statement granting permission to contact the regulatory agency that granted the license to confirm the information contained in the application; and

C) If the license/authorization or application was ever denied, suspended, revoked or otherwise sanctioned, a copy of documentation so indicating, or a statement that the applicant was so licensed and was never sanctioned;

29. A plan describing how the cultivation center will address each of the following:

A) Energy needs, including estimates of monthly electricity and gas usage, to what extent it will procure energy from a local utility or from on-site generation, and if it has or will adopt a sustainable energy use and energy conservation policy;

B) Water needs, including estimated water draw and if it has or will adopt a sustainable water use and water conservation policy; and

C) Waste management, including if it has or will adopt a waste reduction policy;

30. A diversity plan that includes a narrative of not more than 2,500 words that establishes a goal of diversity in ownership, management, employment, and contracting to ensure that diverse participants and groups are afforded equality of opportunity;

31. The applicant's recycling plan describing the following commitments:

A) Purchaser packaging, including cartridges, shall be accepted by the applicant and recycled;

B) Any recyclable waste generated shall be recycled per applicable State and local laws, ordinances, and rules; and

C) Any cannabis waste, liquid waste, or hazardous waste shall be disposed of in accordance with 8 Ill. Adm. Code 1300.840, except, to the greatest extent feasible, all cannabis plant waste will be rendered unusable by grinding and incorporating the cannabis plant waste with compostable mixed waste to be disposed of in accordance with 8 Ill. Adm. Code 1300.840;

32. A statement describing the applicant's commitment to comply with local waste provisions. A cultivation facility must remain in compliance with applicable State and federal environmental requirements, including, but not limited to:

A) Storing, securing, and managing all recyclables and waste, including organic waste composed of or containing finished cannabis and cannabis products, in accordance with applicable State and local laws, ordinances, and rules; and

B) Disposing liquid waste containing cannabis or byproducts of cannabis processing in compliance with all applicable State and federal requirements, including, but not limited to permits under Title X of the Environmental Protection Act (Permits);

33. A commitment to use resources efficiently, including energy and water.

A) Lighting

The Lighting Power Densities (LPD) for cultivation space does not exceed an average of 36 watts per gross square foot of active and growing space canopy, or all installed lighting technology shall meet a photosynthetic photon efficacy (PPE) of no less than 2.2 micromoles per joule fixture and shall be featured on the Design Lights Consortium (DLC) Horticultural Specification Qualified Products List (QPL). In the event that DLC requirement for minimum efficacy exceeds 2.2 micromoles per joule fixture, that PPE shall become the new standard;

B) HVAC

i) For cannabis grow operations with less than 6,000 square feet of canopy, the licensee commits that all HVAC units will be high-efficiency ductless split HVAC units, or other more energy efficient equipment;

ii) For cannabis grow operations with 6,000 square feet of canopy or more, the licensee commits that all HVAC units will be variable refrigerant flow HVAC units, or other more energy efficient equipment;

C) Water Application

i) A commitment to use automated watering systems, including, but not limited to, drip irrigation and flood tables, to irrigate cannabis crop;

ii) A commitment to measure runoff from watering events and report this volume in its water usage plan, and that, on average, watering events shall have no more than 20% of runoff of water;

D) Filtration. A commitment that HVAC condensate, dehumidification water, excess runoff, and other wastewater produced shall be captured and filtered to the best of the facility's ability to achieve the quality needed to be reused in subsequent watering rounds; [410 ILCS 705/20-15]

34. If applicable, the applicant's status as a Social Equity Applicant, as demonstrated by:

A) Evidence of the applicant's status as an "Illinois resident" as demonstrated by incorporation documents, or, if applying as an individual, at least 2 of the following:

i) a signed lease agreement that includes the applicant's name;

ii) a property deed that includes the applicant's name;

iii) school records;

iv) voter registration card;

v) an Illinois driver's license, ID card, or a Person with a Disability ID card;

vi) a paycheck stub;

vii) a utility bill; or

viii) any other proof of residency or other information necessary to establish residence.

B) A person must have been domiciled in the State for a period of 30 days to be an "Illinois resident" as used in the application; and one of the following:

i) Evidence the person or persons owning and controlling at least 51% of the proposed license have lived in a Disproportionately Impacted Area for 5 of the preceding 10 years as demonstrated by, but not limited to, tax filings, voter registrations, leases, mortgages, paycheck stubs, utility bills, insurance forms, or school records that include the qualifying principal officers' names on them;

ii) Evidence the person or persons owning and controlling at least 51% of the proposed license have been arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act. If the arrest, conviction or adjudication has been sealed or expunged, the applicant shall provide records of that action; or

iii) Evidence the person or persons owning and controlling at least 51% of the proposed license has had a parent, legal guardian, child, spouse or dependent, or was a dependent of an individual who, prior to June 25, 2019, was arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act. If the arrest, conviction, or adjudication has been sealed or expunged, the applicant shall provide records of that action. The applicant must also provide evidence of the relationship between the applicant's principal officer or officers and the person who was arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act; or

iv) Evidence that the applicant employs 10 or more full-time employees and evidence that 51% or more of those employees currently reside in a Disproportionately Impacted Area; have been arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under the Act; or are members of an "impacted family" as that term is defined in the Act. The applicant must provide evidence of the required status for each employee. The applicant shall also provide evidence the employees were engaging in full time work as of the date the application was submitted. If employee information or employment status of employees changes before licenses are awarded, the applicant has a duty to notify the Department of the change in employee information or status.

e) The applicant shall sign a notarized statement certifying that:

1. The cultivation center will register with DOR if the applicant is granted a license;

2. The application is complete and accurate;

3. The applicant has actual notice that, notwithstanding any State law:

A) Cannabis is a prohibited Schedule I controlled substance under federal law;

B) Participation in the program is licensed only to the extent provided by the strict requirements of the Act and this Part;

C) Any activity not sanctioned by the Act or this Part may be a violation of State law;

D) Growing, distributing or possessing cannabis in any capacity, except through a federally-approved research program, is a violation of federal law;

E) Use of cannabis may affect an individual's ability to receive federal or State licensure in other areas;

F) Use of cannabis, in tandem with other conduct, may be a violation of State or federal law;

G) Participation in the program does not authorize any person to violate federal law or State law and, other than as set out in Article 45 of the Act, does not provide any immunity from, or affirmative defense to arrest, or prosecution under federal or State law; and

H) Applicants shall indemnify and hold harmless, the State of Illinois for any and all civil or criminal penalties resulting from participation in the program; and

4. All of applicant's principal officers expressly agree to be subject to service of process in Illinois with a current Illinois address on file with the Department.

8 Ill. Adm. Code 1300.103 Financial Disclosure

a) When applying for a Conditional Adult Use Cultivation Center License, the applicant shall disclose all relevant financial information to the Department. The applicant shall have a continuing duty to disclose promptly any material changes in the financial information provided to the Department. If an applicant is issued an Adult Use Cultivation Center License, this duty of ongoing disclosure shall continue throughout the licensed period. These disclosures shall include:

1. The ownership structure of the cultivation center;

2. A current organizational chart that includes position descriptions and the names and resumes of persons holding each position, to the extent those positions have been filled. To the extent not revealed by the resume, include additional pages with each resume setting out the employee's particular skills, education, experience or significant accomplishments that are relevant to owning or operating a cultivation center;

3. Documents such as the articles of incorporation, articles of association, charter, by-laws, partnership agreement, agreements between any 2 or more members of the applicant that relate in any manner to the assets, property or profit of the applicant, or any other comparable documents that set forth the legal structure of the applicant or relate to the organization, management or control of the applicant;

4. A copy of all compensation agreements with directors, owners, officers and growers;

5. The nature, type, terms, covenants and priorities of all outstanding bonds, loans, mortgages, trust deeds, pledges, lines of credit, notes, debentures or other forms of indebtedness issued or executed, or to be issued or executed, in connection with opening or operating the proposed cultivation center; and

6. Audited financial statements for the previous fiscal year, which shall include, but are not limited to, an income statement, balance sheet, statement of retained earnings or owners' equity, statement of cash flows, and all notes to these statements and related financial schedules, prepared in accordance with generally accepted accounting principles, along with the accompanying independent auditor's report. If the applicant was formed within the year preceding the application for license, provide certified financial statements for the period of time the applicant has been in existence and any pro forma financials used for business planning purposes.

b) The applicant shall disclose all sources of funding used to acquire or develop the business for which the license is sought, and shall provide independent documentation concerning the source of the funds and copies of closing documents in connection with the purchase of a registered business.

c) The applicant shall disclose the estimated expenditures to be incurred before the cultivation center is operational.

d) The applicant shall disclose whether any principal officer and/or board member:

1. Has ever filed for bankruptcy;

2. Is more than 30 days delinquent in complying with a child support order [5 ILCS 100/10-65c]; or

3. Has been disciplined or sanctioned by a State or federal agency.

e) The applicant shall disclose whether there are currently, or have ever been, any State or federal tax liens against the property of the applicant, as well as the property of any principal officer and/or board member.

8 Ill. Adm. Code 1300.105 License Selection Criteria

a) The license selection criteria for the Conditional Adult Use Cultivation Center License shall include the following, with each criterion accounting for up to the indicated maximum number of the total points available for each criteria, out of a 1,000 total points ("bonus" points are an additional 15 points):

1. Suitability of the Proposed Facility (75 points):

A) Measure 1 (25 points): The applicant demonstrates that the proposed facility is suitable for effective and safe cultivation of cannabis, sufficient in size, power allocation, air exchange and air flow, interior layout and lighting, and sufficient both in the interior and exterior to handle the bulk agricultural production of cannabis, cannabis-infused products, product handling, storage, trimming, packaging, loading and shipping. The loading/unloading of cannabis in the transport motor vehicle for shipping shall be in an enclosed, secure area out of public sight.

B) Measure 2 (25 points): The applicant demonstrates the capacity to meet consumer demand by operating the cultivation center in a safe and efficient manner with minimal impact on the environment and the surrounding community.

C) Measure 3 (25 points): The applicant provides an Operations and Management Practices Plan that demonstrates compliance with this Part and the Act.

2. Suitability of Employee Training Plan (50 points):

A) Measure 1 (25 points): The applicant fully describes a staffing plan that will provide and ensure adequate staffing and experience for all accessible business hours, safe production, sanitation, adequate security and theft prevention.

B) Measure 2 (25 points): 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.

3. Security Plan and Recordkeeping (145 points):

A) Measure 1 (40 points): The applicant's security plan demonstrates its ability to prevent the theft or diversion of cannabis and how the plan will assist ISP, the Department, and local law enforcement. Specifically, it shall evidence compliance with all items in Sections 1300.180 and 1300.185.

B) Measure 2 (40 points): The applicant demonstrates that its plan for record keeping, tracking and monitoring inventory, quality control and security, and other policies and procedures will discourage unlawful activity. It also describes the applicant's plan to coordinate with, and dispose of unused or surplus cannabis through, ISP and the Department.

C) Measure 3 (40 points): The applicant's security plan shall describe the enclosed, locked facility that will be used to secure or store cannabis, its security measures, including when the location is closed for business, and the steps taken to ensure that cannabis is not visible to the public.

D) Measure 4 (25 points): The applicant's plan to apply for a Transporter License or plan to work with a licensed transporter, and the applicant's procedures for safely and securely delivering cannabis and cannabis-infused products to cannabis business establishments.

4. Cultivation Plan (75 points):

A) Measure 1 (25 points): The applicant shall describe its plan to provide a steady, uninterrupted supply of cannabis to registered dispensaries or infusers.

B) Measure 2 (25 points): The applicant demonstrates knowledge of cultivation methods to be used in the cultivation of cannabis. The applicant shall describe the various strains to be cultivated and its experience, if applicable, with growing those strains or comparable agricultural products.

C) Measure 3 (25 points): The applicant demonstrates the steps that will be taken to ensure the quality, including the purity and consistency, of the cannabis to be provided to dispensaries.

5. Product Safety and Labeling Plan (95 points):

A) Measure 1 (35 points): The applicant shall describe its plan for providing safe and accurate packaging and labeling of cannabis.

B) Measure 2 (35 points): The applicant shall describe its plan for testing cannabis and ensuring that all cannabis is free of contaminants, including but not limited to pesticides, microbiological, and residual solvent. Applicant shall provide its plan to retain quality history records showing specific testing results from laboratory testing conducted on the applicant's cannabis products.

C) Measure 3 (25 points): The applicant shall describe its plan for establishing a recall of the applicant's products in the event that they are shown by testing or other means to be, or potentially to be, defective or have a reasonable probability that their use or exposure will cause serious adverse health consequences. At a minimum, the plan should include the method of: identification of the products involved; notification to the dispensary organization or others to whom the product was sold or otherwise distributed; and how the products will be disposed of if returned to or retrieved by the applicant.

6. Applicant's Business Plan and Services to be Offered (110 points):

A) Measure 1 (40 points): The applicant shall provide a business plan that describes how the cultivation center plans to operate on a long-term basis. This shall include the applicant providing a detailed description about the amount and source of the equity and debt commitment for the proposed cultivation center that demonstrates the immediate and long-term financial feasibility of the proposed financing plan, the relative availability of funds for capital and operating needs, and the financial capability to undertake the project.

B) Measure 2 (40 points): The applicant or its officers, board members, or incorporators demonstrate:

i) Experience in business management and/or having industry, agricultural or horticultural experience; and

ii) The extent of their involvement in or ability to influence the day-to-day operations of the facility.

C) Measure 3 (30 points): The business plan demonstrates a start-up timetable that provides an estimated time from license approval of the cultivation center to full operation, and the assumptions used for the basis of those estimates.

7. Applicant's Status as a Social Equity Applicant (200 points).

8. Applicant's Labor and Employment Practices (20 points): Provide a safe, healthy and economically beneficial working environment for its employees, including, but not limited to, its plans regarding workplace safety and environmental standards, codes of conduct, healthcare benefits, educational benefits, retirement benefits, wage standards, and entering a labor peace agreement with employees.

9. Applicant's Environmental Plan (20 points):

A) Measure 1 (10 points): The applicant's ability to demonstrate an environmental plan of action to minimize the carbon footprint, environmental impact, and resource needs for the production of cannabis.

B) Measure 2 (10 points): The applicant's ability to describe any plans for the use of alternative energy, the treatment of waste water and runoff, and scrubbing or treatment of exchanged air.

10. Applicant is 51% or more owned and controlled by an individual or individuals who have been an Illinois resident for the past 5 years as proven by tax records and other documentary evidence as permitted by the Act (90 points).

11. Applicant's status as veteran-controlled or -owned, as "veteran" is defined by Section 45-57 of the Illinois Procurement Code (20 points).

12. Applicant's Diversity Plan. A narrative of not more than 2500 words that establishes a goal of diversity in ownership, management, employment, and contracting to ensure that diverse participants and groups are afforded equality of opportunity (100 points).

b) The Department may award bonus points for preferred but not required initiatives in the following categories based on the applicant's ability to meet or exceed minimum requirements, with each initiative accounting for up to a maximum of 5 points each, for a maximum total of 15 bonus points:

1. Incubator Program (5 points): Establishment of an incubator program designed to increase participation in the cannabis industry by persons who would qualify as Social Equity Applicants;

2. Substance Abuse Prevention Plan (5 points): Providing financial assistance to substance abuse treatment centers;

3. Education Plan (5 points): Educating children and teens about the potential harms of cannabis use.

c) Should the applicant be awarded a license, the terms and statements in the application become a mandatory condition of the license. If a licensee fails to comply with standard and special conditions of the license, the Department may assess a penalty or seek suspension or revocation of the license pursuant to Subpart G (Enforcement and Immunities).

d) In the event that 2 or more qualified applicants for a CAUCCL receive the same total score, the Department will distribute the remaining licenses by lot.

1. The Department will publish a list of tied applicants at least 5 business days before the day the remaining available licenses are distributed.

2. The drawing by lot for all remaining available licenses will occur on the same day.

3. The process for distributing the remaining available licenses will be recorded by the Department in a format of its discretion.

4. If, upon being selected for a remaining available license, an applicant has a principal officer that is a principal officer in more than 3 CAUCCLs, the licensees and the eligible applicant listing a principal officer must choose which license to abandon, and notify the Department in writing within 5 business days. If the eligible applicant or licensees do not notify the Department as required, the Department will refuse to issue all remaining available licenses obtained by the applicant.

5. All remaining available licenses that have been abandoned shall be distributed by lot at a later date.

e) The Department may verify information contained in each application and accompanying documentation to assess the applicant's character and fitness to operate a cultivation center. Notwithstanding an applicant satisfying the selection criteria of this Section, the Department may, in its discretion, refuse to issue a license if it is not satisfied that an applicant, or any one required to be identified in the application by Sections 1300.102, 1300.103 and 1300.145, is a person of good character, honesty and integrity, and is not:

1. A person who creates or enhances the dangers of unlawful practices, methods and activities in the cannabis industry, including, but limited to, product diversion;

2. A person who presents questionable business practices and financial arrangements incidental to the cannabis industry;

3. A person who has had a cannabis dispensary or cultivation center license revoked, suspended or sanctioned in any other jurisdiction.

8 Ill. Adm. Code 1300.110 License Denial and Prohibitions

a) An application for a CAUCCL or an Adult Use Cultivation Center License must be denied if any of the following conditions are met:

1. The applicant failed to submit the materials required by Article 20 of the Act;

2. The applicant would not be in compliance with local zoning rules;

3. One or more of the prospective principal officers or board members causes a violation of Section 20-30 of the Act;

4. One or more of the principal officers or board members is under 21 years of age;

5. The person has submitted an application for a license under the Act that contains false information;

6. The licensee, principal officer, board member or person having a financial or voting interest of 5% or greater, or the agent of one of these entities, is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois; [410 ILCS 705/20-25]

7. A principal officer or board member of the cultivation center has failed a background check required by Section 5-20 of the Act;

b) A license shall be surrendered to the Department upon written notice and demand if the cultivation center fails to begin production within 6 months after the license has been issued. The cultivation center may submit a written request to the Department for an extension of time setting forth its justification for being unable to begin production within 6 months after the license was issued. The Department may grant an extension, at its discretion, for good cause shown. Good cause may include unforeseen events, acts of nature, and other events that prevent a good faith effort. Good cause shall not include cost overruns, insufficient financing, and other factors evidencing a lack of good faith effort.

c) A cultivation center that fails to maintain production for any reason for more than 90 consecutive days after it has begun production shall be notified in writing and given 30 days from the date of notification from the Department to submit a written explanation why it so failed and, if it plans on continuing to operate as a cultivation center, a description of how it will correct the problem and prevent it from occurring again.

1. If no response is received from the cultivation center or if a response is received after the 30-day period, the license will be revoked and shall be surrendered to the Department.

2. If a response is received within the 30-day period, the Department will review the response and either approve it and require the cultivation center to come into compliance, or reject it and revoke the license, requiring the cultivation center to surrender its license to the Department. If the Department allows the cultivation center to come into compliance, the Department may, after a hearing, levy a fine for failure to provide an uninterrupted supply.

8 Ill. Adm. Code 1300.115 License Award, Issuance and Transferability

a) License Issuance – Conditional Adult Use Cultivation Center License

Top-scoring applicants will be awarded a CAUCCL. A cultivation center that is awarded a CAUCCL pursuant to the criteria set forth in Section 1300.105 shall not grow, purchase, possess, or sell cannabis or cannabis-infused products until the person has received an Adult Use Cultivation Center License issued by the Department. [410 ILCS 705/20-15(e)]

b) License Issuance – Adult Use Cultivation Center License

1. A person or entity is only eligible to receive an Adult Use Cultivation Center License if the person or entity has first been awarded a CAUCCL. [410 ILCS 705/20-21(a)]

2. A cultivation center license shall be issued for the specific location identified on the application, and is valid only for the owner, premises and name designated on the license and the location for which it is issued.

3. Should the applicant be awarded a cultivation center license, it shall pay a fee of $100,000 prior to receiving the license. [410 ILCS 705/20-20(d)]

4. The Department will not issue an Adult Use Cultivation Center License until:

A) The Department has inspected the cultivation center site and proposed operations and verified that they are in compliance with the Act and local zoning laws;

B) The CAUCCL holder has paid a registration fee of $100,000 or a prorated amount accounting for the difference of time between when the Adult Use Cultivation Center License is issued and March 31 of the next even-numbered year; and

C) The CAUCCL holder has met all the requirements in the Act and this Part. [410 ILCS 705/20-20(b)]

c) Transfer of License

A cultivation center license shall not be transferable, in whole or in part, without Department approval, with the following exceptions:

1. A cultivation center license may be reissued, without charge, solely in the name of the surviving spouse or domestic partner of a deceased licensee if the license was issued in the names of both of the parties;

2. A cultivation center license may be transferred, without charge, to an heir of a deceased licensee, as determined by the Probate Act of 1975 [755 ILCS 5]. For the purpose of considering the qualifications of the heir to receive a cultivation center license, the Department will require a criminal background check and the heir will be subject to all other requirements of the Act and this Part.

d) Change of Business Location

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.

1. The transition period shall not begin until the new location is ready to begin production.

2. No product may be transferred to or cultivated at the new location prior to the beginning date of this approved transition period.

3. Any product remaining at the original location past the transition period shall be destroyed in accordance with Subpart I (Destruction of Cannabis).

4. 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.

5. Upon inspection and verification by the Department that the new location is in compliance with the Act and this Part, the Department will issue a license modification reflecting the new location. The modified license shall have the same expiration date as the previously issued license.

e) Sale of Stock

The proposed sale of any outstanding or issued stock of a corporation licensed under the Act, or any proposed change in the officers or board members of the corporation, must be reported to the Department and Department approval must be obtained before the changes are made. A fee of $1000 will be charged for the processing of the change of stock ownership or corporate officers or board members.

f) The proposed change of any person or principal officer of any licensee must be reported to the Department and Department approval must be obtained before the changes are made.

g) A cultivation center license shall not be leased or subcontracted, in whole or in part.

h) A cultivation center license is issued upon the following condition: A cultivation center may not either directly or indirectly discriminate in price between different dispensing organizations, craft growers, or infusers that are purchasing a like grade, strain, brand, and quality of cannabis or cannabis-infused product. Nothing in this subsection (h) prevents a cultivation center from pricing cannabis differently based on differences in the cost of manufacturing or processing, the quantities sold, such as volume discounts, or the way the products are delivered. [410 ILCS 705/20-30(e)]

i) A cultivation center license is issued upon the following condition: It is unlawful for any person having a cultivation center license or any officer, associate, member, representative, or agent of the licensee to offer or deliver money, or anything else of value, directly or indirectly to any person having an Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act (the licensees), or to any person connected with or in any way representing, or to any member of the family of, the person holding one of the licenses, or to any stockholders in any corporation engaged in the retail sale of cannabis, or to any officer, manager, agent, or representative of the licensee to obtain preferential placement within the dispensing organization, including, without limitation, on shelves and in display cases where purchasers can view products, or on the dispensing organization's website. [410 ILCS 705/20-30(n)]

j) Licensure Condition

1. A cultivation license is issued upon the following condition: No person or entity shall hold any legal, equitable, ownership, or beneficial interest, directly or indirectly, in more than 3 cultivation centers licensed under Article 20 of the Act.

2. Further, no person or entity that is employed by, is an agent of, has a contract to receive payment in any form from, a cultivation center, is a principal officer of a cultivation center, or an entity controlled by or affiliated with, a principal officer of a cultivation center shall hold any legal, equitable, ownership, or beneficial interest, directly or indirectly, in a cultivation center that would result in the person or entity owning or controlling, in combination with any cultivation center, principal officer of a cultivation center, or entity controlled or affiliated with a principal officer of a cultivation center by which he, she, or it is employed, is an agent of, or participates in the management of, more than 3 cultivation center licenses. [410 ILCS 705/20-30(j)]

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

8 Ill. Adm. Code 1300.120 License Renewal

a) Every cultivation center license shall expire annually on the date it was issued.

b) The Department will send written or electronic notification of expiration to each licensed cultivation center at least 90 days prior to expiration. [410 ILCS 705/20-10(b) and (c-5)] However, failure to receive a renewal form from the Department will not excuse the cultivation center from paying the renewal fee or renewing the license prior to its expiration.

c) The Department will grant a renewal application within 45 days after submission of a renewal application if:

1. The registered cultivation center submits a renewal application and the required renewal fee of $100,000;

2. The Department has not suspended the license of the cultivation center or suspended or revoked the registration for violation of the Act or this Part;

3. The cultivation center has continued to operate in accordance with all plans submitted as part of its application and approved by the Department, or any amendments thereto that have been approved by the Department;

4. The cultivation center has submitted an agent, employee, contracting, and subcontracting diversity report to the Cannabis Regulation Oversight Officer, as required by the Department; and

5. The cultivation center has submitted an environmental impact report as required by the Act. [410 ILCS 705/20-45(a)]

d) If a cultivation center fails to renew its license before expiration, it shall cease operations until its license is renewed. [410 ILCS 705/20-45(b)]

e) Upon request for renewal, the Department will consider the licensee's history of compliance with requirements of the Act and this Part, the number and severity of any violations and the correction of those violations, penalties or fines imposed, or any other enforcement actions.

f) The Department may deny a renewal after consideration of the licensee's history of compliance.

g) This Section shall not apply to a Medical Cannabis Cultivation Center operating with an Early Approval Adult Use Cultivation Center License issued under Section 1300.100.

8 Ill. Adm. Code 1300.130 Modifications and Alterations

a) Before making any modification to a licensed facility, the cultivation center must complete an Application for Modification and submit the application with the appropriate schedules to the Department. The fee for an application to make modifications to a cultivation center shall be $4,000.

b) Before making any alteration to a licensed facility, the cultivation center must complete an application for alteration. The fee for an application to make an alteration of a cultivation center shall be $500.

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1300 Cannabis Regulation and Tax Act

8 Ill. Adm. Code 1300.145 Background Check

a) All applications submitted by applicants with criminal convictions shall be subject to Sections 2105-131, 2105-135, and 2105-205 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois.

b) ISP shall act as the Department's agent for purposes of receiving electronic fingerprints and conducting background checks of each cultivation center agent applying for a cultivation center agent identification card.

1. ISP will conduct background checks for conviction information contained within ISP and FBI criminal history databases to the extent allowed by law.

2. For verification of any statutorily imposed duty to conduct background checks pursuant to the Act, ISP will transmit the results of the background check to the Department and that transmittal shall conclude the verification process.

3. The electronic background checks shall be submitted as outlined in either the Illinois Uniform Conviction Information Act or 20 Ill. Adm. Code 1265.30 (Electronic Transmission of Fingerprint Requirements).

A) Manual fingerprints will not be accepted and shall not be scanned and converted into an electronic format.

B) Fingerprint images of the individual being fingerprinted, and related alphanumeric identification data submitted to ISP for the purpose of this fingerprint-based background check, shall be submitted electronically.

C) Electronic transmission of fingerprint data to ISP shall be accomplished utilizing livescan procedures or other comparable technology approved for use by ISP.

D) If the fingerprints are rejected by ISP, the cultivation center agent shall have his or her fingerprints collected electronically by a livescan fingerprint vendor a second time.

E) In the event of equipment malfunction or other special circumstance that make electronic transmission of fingerprint data impractical, ISP may allow limited use of paper fingerprint records.

c) Each cultivation center agent applying for a cultivation center agent identification card shall have his or her fingerprints collected electronically by a livescan fingerprint vendor licensed by DFPR and transmitted to ISP for processing no more than 30 days prior to the date of application or renewal for a cultivation center agent identification card.

1. The cultivation center agent shall submit to the Department, with the cultivation agent identification card application or renewal, a copy of the livescan request form and the receipt provided by the livescan fingerprint vendor containing the Transaction Control Number (TCN) as proof that his or her fingerprints have been collected.

2. Cultivation center identification card applications submitted without a copy of the livescan request form and receipt will be deemed incomplete and will not be processed until fingerprinting is completed. The fingerprinting process is not completed until the Department receives the results from ISP.

3. Any fees associated with the livescan fingerprint-based criminal history records check shall be the responsibility of the individual seeking a cultivation center agent identification card and shall be collected by the livescan vendor at the time of fingerprinting and transmitted to ISP for deposit in the ISP Services Fund. A convenience fee may be charged by the livescan vendor as provided in Section 31-5 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

d) The Department will obtain from ISP a State and federal criminal records check, to the extent allowed by law, containing conviction information for each cultivation center agent applying for a cultivation center agent identification card.

e) The Department will maintain the results of the criminal history records check in compliance the State Records Act.

f) Should the Department not be able to obtain from ISP the required State and/or federal criminal records check required by the Act and this Section, the Department will contract as appropriate with a private detective/investigating agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 and in good standing with DFPR, for the purpose of conducting those records checks.

g) The Department may deny an application or renewal for a cultivation center agent who has failed the background check required by Section 5-20 of the Act.

8 Ill. Adm. Code 1300.150 Specifications

a) Cultivation centers shall:

1. Not be located closer than 1,500 feet to another cultivation center or a craft grower.

2. Not be in violation of any other local zoning requirements.

b) Before production, the licensee shall provide the Department with engineering plans and specifications of the entire cultivation center. The plans and specifications shall include:

1. A detailed plan and elevation drawings of all operational areas involved with the production of cannabis plants. This should include dimensions and elevation referenced to a single facility benchmark;

2. Cross-sections that show the construction details and their dimensions to provide verification of construction materials, enhancement for security measures, and bio-security measures;

3. Identification of all employee areas that are nonproduction areas;

4. The location of all storage areas, ventilation systems, and equipment used for the production of cannabis;

5. The location of all entrances and exits to the cultivation center;

6. The location of any windows, skylights and roof hatches;

7. The location of all cameras and their field of view;

8. The location of all alarm inputs (door contacts, motion detectors, duress/hold up devices) and alarm sirens;

9. The location of the digital video recorder and alarm control panel;

10. The location of all restricted and public areas;

11. The location where all plant inputs and application equipment are stored;

12. If applicable, the location of areas designated specifically for the production of cannabis-infused products; and

13. The location of the enclosed, secure area or loading/unloading dock out of public sight for the loading/unloading of cannabis in the transport motor vehicle.

8 Ill. Adm. Code 1300.155 Records

a) Each cultivation center shall keep and maintain upon the licensed premises, for a 5-year period, true, complete, legible and current books and records, including the following:

1. The date of each sale or distribution to a cannabis organization;

2. The name, address and registration number of the cannabis organization;

3. The item number, product name (description), and quantity of cannabis and cannabis-infused products registered by the Department and sold or otherwise distributed to the cannabis organization;

4. The price charged and the amount received for the cannabis and cannabis-infused products from the cannabis organization;

5. If the distribution was for a purpose other than sale, the reason for the distribution;

6. The quantity and form of cannabis maintained at the cultivation center on a daily basis; and

7. The amount of plants being grown at the cultivation center on a daily basis.

b) Each cultivation center is responsible for keeping and maintaining records that clearly reflect all financial transactions and the financial condition of the business. The following records must be kept and maintained on the licensed premises, at approved corporate offices within the State of Illinois, for a 5-year period and must be made available for inspection upon request by the Department and DOR within 48 hours after a request:

1. Purchase invoices, bills of lading, manifests, sales records, copies of bills of sale, and any supporting documents, including the items and/or services purchased, from whom the items were purchased, and the date of purchase;

2. If applicable, bank statements and canceled checks for all accounts relating to the cultivation center;

3. Accounting and tax records related to the cultivation center;

4. Records of all financial transactions related to the cultivation center, including contracts and/or agreements for services performed or received that relate to the cultivation center;

5. All employee records, including training, education, discipline, etc.;

6. Soil amendment, fertilizers, pesticides, or other crop production aids applied to the growing medium or plants, or used in the process of growing cannabis;

7. Production records, including:

A) Records of planting, harvest and curing, weighing, destruction of cannabis, creation of batches of cannabis-infused products, and packaging and labeling; and

B) Records of disposal of cannabis, cannabis-infused products, and waste materials associated with production;

8. Records of each batch of extracts or cannabis-infused products made, including, at a minimum, the usable cannabis or trim, leaves, and other plant matter used (including the total weight of the base product used), any solvents or other compounds utilized, and the product type and the total weight of the end product produced, such as hash oil, shatter, tincture, infused dairy butter, etc.;

9. Transportation records;

10. Inventory records as described in Section 1300.180;

11. Records of all samples sent to an independent testing lab and/or the Department's lab and the quality assurance test results;

12. All samples provided to anyone or any entity for any purpose; and

13. Records of any theft, loss or other unaccountability of any cannabis seedlings, clones, plants, trim or other plant material, extracts, cannabis-infused products, or other items containing cannabis.

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1300 Cannabis Regulation and Tax Act

8 Ill. Adm. Code 1300.160 Signage

a) Each licensed cultivation center must post a sign in a conspicuous location at each entrance of the facility that reads: "PERSONS UNDER 21 YEARS OF AGE NOT PERMITTED ON THESE PREMISES".

b) Each licensed cultivation center must post a sign in a conspicuous location at each entrance of the facility that reads: "THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE".

8 Ill. Adm. Code 1300.165 Agents and Identification Cards

a) The cultivation center agent application shall be submitted on forms provided by the Department in accordance with the Act and this Part. The application will include instructions for its completion and submission. The application will include requests for information in support of the application needed by the Department in making its determination. If all materials, documentation and information required by the Act and this Part are not submitted, the application will be returned to the applicant.

b) Each principal officer, board member, employee or agent of a registered cultivation center must apply to the Department for a cultivation center agent identification card (ID card). Along with the application, the applicant shall submit:

1. A copy of the applicant's social security card;

2. A copy of the applicant's valid driver's license or State issued identification card;

3. A document verifying the applicant's place of residency, such as a bank statement, cancelled check, insurance policy, etc. The document must contain the applicant's full residence address;

4. Verification from ISP that the applicant's background check has been conducted;

5. The application fee of $100; and

6. Any additional information requested by the Department.

c) Upon receipt and verification of the information specified in subsection (b), the Department will:

1. Approve or deny the application within 30 days after receipt;

2. Issue an agent identification card to a qualifying agent within 15 business days after approving the initial application or renewal application [410 ILCS 705/20-35(a)(3)];

3. Enter in its record system the registry identification number of the cultivation center where the agent works.

d) No person shall begin working at a cultivation center prior to receiving his or her ID card.

e) The ID card shall contain the following:

1. The name of the cardholder;

2. The date of issuance and expiration;

3. A random 10-digit alphanumeric identification number with at least 4 numbers and 4 letters that are unique to the holder;

4. A photograph of the cardholder; and

5. The legal name of the cultivation center employing the agent.

f) A registered cultivation center agent is not subject to prosecution, search, or penalty in any manner, and will not be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business licensing board or entity, for working or volunteering for a registered cannabis cultivation center to perform the actions permitted by this Part.

g) A cultivation center agent must keep his or her ID card visible at all times when on the property of a cultivation center.

h) Upon termination of employment, the ID cards shall be immediately returned to the cultivation center. The cultivation center shall promptly return the ID cards to the Department.

i) Any ID card that is lost, destroyed or stolen shall be reported to ISP and the Department immediately upon discovery of the loss, destruction or theft. The fee for the issuance of a replacement ID card shall be $50.

j) Upon conviction of an excluded offense, the principal officer, board member or registered agent shall immediately notify the Department and shall surrender his or her ID card to the Department.

k) Renewal of Agent Identification Cards

1. ID cards issued under the Act shall be renewed annually. The renewal fee shall be $100;

2. An agent shall receive written or electronic notice of expiration of the ID card 90 days before the expiration of the ID card;

3. If a cultivation center agent fails to renew his or her ID card before its expiration, he or she shall cease to work as an agent of the cultivation center until his or her ID card is renewed [410 ILCS 705/20-45(c)];

4. Upon request for renewal, the Department will consider the licensee's history of compliance with the Act and this Part, the number and severity of any violations and the correction of those violations, and penalties or fines imposed or any other enforcement actions;

5. The Department may deny a renewal after consideration of the licensee's history of compliance;

6. The Department will not issue or renew an ID card if the applicant is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois. [410 ILCS 705/15-95(i)(12)]

8 Ill. Adm. Code 1300.170 Operations – Plant Production

a) Each facility shall develop and maintain an Operations and Management Practices Plan for each production area.

b) Each production area shall maintain an open aisle on all sides of each plant group to allow for unobstructed travel, observation and inventory of each plant group.

c) Each production area shall be maintained free of debris.

d) Biosecurity measures shall be implemented and maintained at all times.

e) A record of all crop inputs shall be maintained for at least 5 years at the facility. The record shall include the following:

1. The date of application;

2. The name of the individual making the application;

3. The product that was applied;

4. The section, including the square footage, that received the application (by group number);

5. The amount of product that was applied; and

6. A copy of the label of the product applied.

f) All cultivation centers shall utilize the cannabis plant monitoring system as required under Subpart K of this Part.

g) All plants, regardless of accounting strategy, shall be physically inventoried on a weekly basis and records of the inventory shall be kept at the facility for at least 5 years. The records shall be made available to the Department upon request.

h) All persons working in direct contact with cannabis shall conform to hygienic practices while on duty, including but not limited to the following:

1. Litter and waste shall be properly removed and the operating systems for waste disposal shall be maintained in an adequate manner so that they do not constitute a source of contamination in areas where cannabis plants are exposed;

2. Floors, walls and ceilings shall be constructed in such a manner that they may be adequately cleaned and kept clean and in good repair;

3. There shall be adequate lighting in all areas where cannabis is stored and where equipment or utensils are cleaned;

4. There shall be adequate screening or other protection against the entry of pests. Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for the waste becoming an attractant, harborage or breeding place for pests;

5. Any buildings, fixtures and other facilities shall be maintained in a sanitary condition;

6. Toxic cleaning compounds, sanitizing agents, solvents used in the production of cannabis concentrates, and pesticide chemicals shall be identified, held and stored in a manner that protects against contamination of cannabis, and in a manner that is in accordance with any applicable local, State or federal law, rule, regulation or ordinance;

7. Only sanitizing agents registered with the Department pursuant to the Illinois Pesticide Act shall be used in cultivation centers, and they shall be used in accordance with labeled instructions;

8. The water supply shall be sufficient for the operations intended and shall be derived from a source that is a regulated water system. Private water supplies shall be derived from a water source that is capable of providing a safe, potable and adequate supply of water to meet the facility's needs;

9. Plumbing shall be of adequate size and design and adequately installed and maintained to carry sufficient quantities of water to required locations throughout the cultivation center, and it shall properly convey sewage and liquid disposable waste from the facility. There shall be no cross-connections between the potable and waste water lines, pursuant to the Illinois Plumbing Code;

10. All operations in the receiving, inspecting, transporting, segregating, preparing, production, packaging and storing of cannabis or cannabis-infused product shall be conducted in accordance with adequate sanitation principles;

11. Cannabis that can support the rapid growth of undesirable microorganisms shall be held in a manner that prevents the growth of these microorganisms; and

12. A cultivation center shall not contain more than 210,000 square feet of canopy space for plants in the flowering stage for cultivation of adult use cannabis. [410 ILCS 705/20-30(k)]

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1300 Cannabis Regulation and Tax Act

8 Ill. Adm. Code 1300.175 Operations – Infused or Processed Products

a) Any area within the cultivation center where cannabis will be manufactured into an edible form shall comply with the Illinois Food, Drug and Cosmetic Act, Sanitary Food Preparation Act, and Food Handling Regulation Enforcement Act.

1. No cannabis-infused products requiring refrigeration or hot-holding, or considered potentially hazardous food as defined by Section 4 of the Food Handling Regulation Enforcement Act, shall be manufactured at a cultivation center.

2. Cannabis-infused products sold or distributed at a dispensing organization must be prepared by an approved staff member of a licensed cultivation center.

b) DPH may at all times enter every building, room, basement, enclosure, or premises occupied or used, or suspected of being occupied or used, for the production, preparation, manufacture for sale, storage, sale, distribution or transportation of cannabis-infused products, to inspect the premises and all utensils, fixtures, furniture, and machinery used for the preparation of these products.

c) If a local health department has a reasonable belief that a cultivation center's cannabis-infused product poses a public health hazard, it may refer the cultivation center to DPH for inspection.

d) General Sanitary Requirements. All areas permitted in the cultivation center for the production of cannabis-infused products shall take all reasonable measures and precautions to ensure that:

1. Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores or infected wounds, or any other abnormal source of microbial contamination, and for whom there is a reasonable possibility of contact with cannabis, shall be excluded from any operations that may be expected to result in microbial contamination until the condition is corrected.

2. Hand-washing facilities are adequate and convenient and are furnished with running water at a suitable temperature. Hand-washing facilities shall be located in the licensed premises and where good sanitary practices require employees to wash and/or sanitize their hands, and shall provide effective hand-cleaning and sanitizing preparations and sanitary towel service or suitable drying devices.

3. All persons working in direct contact with cannabis shall conform to hygienic practices while on duty, including but not limited to:

A) Maintaining adequate personal cleanliness;

B) Washing hands thoroughly in adequate hand-washing areas before starting work and at any other time when the hands may have become soiled or contaminated;

C) Refraining from having direct contact with cannabis if the person has or may have an illness, open lesion, including boils, sores or infected wounds, or any other abnormal source of microbial contamination, until the condition is corrected.

4. Litter and waste are properly removed and the operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where cannabis is exposed.

5. Floors, walls and ceilings are constructed and maintained in such a manner that they may be adequately cleaned and kept clean and in good repair.

6. There is adequate lighting in all areas where cannabis is stored and where equipment or utensils are cleaned.

7. There is adequate screening or other protection against the entry of pests. Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for the waste becoming an attractant, harborage or breeding place for pests.

8. All buildings, fixtures and other facilities are maintained in a sanitary condition.

9. Toxic cleaning compounds, sanitizing agents, and solvents used in the production of cannabis concentrates shall be identified, held and stored in a manner that protects against contamination of cannabis, and in a manner that is in accordance with any applicable local, State or federal law, rule, regulation or ordinance.

10. All contact surfaces, including utensils and equipment used for the preparation of cannabis or cannabis-infused product, shall be cleaned and sanitized as frequently as necessary to protect against contamination. Equipment and utensils shall be designed and shall be of such material and workmanship as to be adequately cleanable, and shall be properly maintained. Only sanitizing agents registered with the Department under the Illinois Pesticide Act shall be used in cultivation centers; they shall be used in accordance with labeled instructions.

11. The water supply shall be sufficient for the operations intended and shall be derived from a source that is a regulated water system. Private water supplies shall be derived from a water source that is capable of providing a safe, potable and adequate supply of water to meet the facility's needs.

12. Plumbing shall be of adequate size and design, and adequately installed and maintained, to carry sufficient quantities of water to the required locations throughout the facility. Plumbing shall properly convey sewage and liquid disposable waste from the facility. There shall be no cross-connections between the potable and waste water lines.

13. All operations in the receiving, inspecting, transporting, segregating, preparing, producing, packaging and storing of cannabis and cannabis-infused products shall be conducted in accordance with adequate sanitation principles.

14. Each cultivation center shall provide its employees with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and good repair.

15. Cannabis that can support the rapid growth of undesirable microorganisms shall be handled in a manner that prevents the growth of these microorganisms.

e) The licensee must request that DPH conduct a pre-operational inspection at all registered cultivation centers to determine whether the facilities, methods, practices and controls used in the manufacture, processing or holding of cannabis-infused products conform to, or are operated or administered in conformity with, good manufacturing practices to ensure that food products for human consumption are safe and have been prepared, packed and held under sanitary conditions.

f) Licensed cultivation centers shall immediately allow DPH to inspect the premises and all utensils, fixtures, furniture, machinery and devices used for preparing manufactured cannabis-infused products, upon request.

g) DPH will conduct inspections of registered cultivation centers, with regard to the manufacture and preparation of cannabis-infused products, under the authority of the Illinois Food, Drug and Cosmetic Act, the Food Handling Regulation Enforcement Act and the Food Service Sanitation Code, and in accordance with DPH's Cannabis-Infused Products rules (77 Ill. Adm. Code 946.Subpart D).

h) A cultivation center that prepares cannabis-infused products for sale or distribution at a cannabis organization shall be under the operational supervision of a certified food service sanitation manager. [410 ILCS 705/55-5(c)] Management responsibilities and supervision shall be in accordance with 77 Ill. Adm. Code 730.8000 and 730.8040 (Manufacturing, Processing, Packing or Holding of Food Code).

i) Cultivation centers are strictly prohibited from using, adding, or incorporating vitamin E in any form, including, but not limited to, vitamin E acetate (also known as VEA, tocopheryl-acetate, and vitamin E oil) to cannabis, cannabis concentrate, cannabis products, or cannabis-infused products that are intended to be smoked or inhaled.

8 Ill. Adm. Code 1300.180 Inventory

a) Each cultivation center, prior to commencing business, shall:

1. Conduct an initial comprehensive inventory of all cannabis at the facility. If a cultivation center commences business with no cannabis on hand, the cultivation center shall record this fact as the initial inventory; and

2. Establish ongoing inventory controls and procedures for the conduct of inventory reviews and comprehensive inventories of cannabis, which shall enable the cultivation center to detect any diversion, theft or loss in a timely manner.

b) Upon commencing business, each cultivation center shall conduct a physical weekly inventory of cannabis stock, which shall include, at a minimum:

1. The date of the inventory;

2. A summary of the inventory findings;

3. The name, signature and title of the individuals who conducted the inventory, and the agent-in-charge who oversaw the inventory; and

4. The product name and quantity of cannabis plants or cannabis-infused products at the facility.

c) The record of all cannabis sold or otherwise disposed of shall show:

1. The date of sale;

2. The name of the dispensary facility or other cannabis business establishment to which the cannabis was sold;

3. The batch number, product name, and quantity of cannabis sold; and

4. If applicable, the date, quantity and manner in which, and reason why, any cannabis was destroyed.

d) A complete and accurate record of all plant stock or products of cannabis on hand shall be prepared annually on the anniversary of the initial inventory, or other date that the cultivation center agent-in-charge may choose, so long as it is not more than one year following the prior year's inventory.

e) All inventories, procedures and other documents required by this Section shall be maintained on the premises and made available to the Department at all times, upon request.

f) Whenever any sample or record is removed by a person authorized to enforce this Part, that person shall tender a receipt in lieu of the sample or record. The receipt shall be kept for 5 years.

8 Ill. Adm. Code 1300.185 Security

a) A cultivation center shall be required to operate and maintain in good working order a 24 hour, 7 days a week, closed-circuit television (CCTV) surveillance system on the premises that complies with the following minimum standards:

1. Visually records and monitors all building entrances and exits, all parking lot areas, and rear alley areas immediately adjacent to the building, and covers the entire inside of the facility, including all limited access areas and all areas where cannabis is produced, stored, shipped or destroyed, but does not include restrooms nor the executive office. Fixed cameras shall be installed to provide a consistent recorded image of these areas. The cultivation center shall instruct the company or individuals installing the surveillance cameras to maximize the quality of facial and body images and to avoid backlighting and physical obstructions;

A) The cultivation center shall use cameras that capture a continuous recorded image for the following areas:

i) All building entrances and exits, including overhead garage doors and other points of ingress/egress.

ii) All finished product storage areas, including vaults and other areas where packaged inventory is stored.

iii) All information technology (IT) areas, including other areas on the premises where security footage is stored.

B) Motion activated cameras may be utilized in all other areas of the facility in which cameras are required.

2. Cameras installed outdoors and in low-light interior areas shall be day/night cameras with a minimum resolution of 600 lines per inch (analog) or D1 (IP) and a minimum light factor requirement of 0.7 LUX. The installation of additional lighting may be required to increase picture clarity and brightness. Cameras shall be calibrated and focused to maximize the quality of the recorded image;

3. The recording device shall be digital and meet the following minimum standards:

A) Displays a date and time stamp on all recorded video;

B) Can produce a digital video disc using an installed media recording drive. The video on the disc shall be viewable on any Windows PC, and shall include any required player software on the disc;

C) The ability to remain operational during a power outage for an unlimited amount of time from an alternative power source such as a petroleum fueled generator;

D) Allow for the exporting of still images in an industry standard image format, including .jpg, .bmp and .gif. Exported video shall have the ability to be archived in a proprietary format that ensures authentication of the video and guarantees that no alteration of the recorded image has taken place. Exported video shall also have the ability to be saved in an industry standard file format that can be played on a standard computer operating system. All recordings shall be erased or destroyed prior to disposal;

4. A display monitor with a minimum screen size of 12 inches shall be connected to the electronic recording security system at all times;

5. Electronic recording security systems are required to be maintained in good working order at all times. The owner of a cultivation center shall instruct each manager, employee or agent overseeing the functioning of the video recording security system to immediately report to the agent-in-charge any malfunctioning or technical problems with the system;

6. Security recordings shall meet the following minimum requirements:

A) The recorded image resolution shall be at least D1;

B) The recorded image frame rate shall be at least 3 frames per second during alarm or motion-based recording; and

C) Security recordings shall be retained by a cultivation center for a minimum of 90 days either at the licensed premises or via off site storage that can be digitally accessed at any time. The recording system for the security cameras must be located in a locked, tamper-proof compartment;

7. Have available a video printer capable of immediately producing a clear still photo from any video camera image; and

8. Upon request, the recording or any photo shall be turned over to ISP or the Department.

b) Access to surveillance areas shall be limited to persons who are essential to surveillance operations, law enforcement agencies, security system service personnel, the Department, and others when approved by the Department. A current list of authorized employees and service personnel who have access to the surveillance room must be available to the Department upon request. Surveillance rooms shall remain locked.

c) The electronic security system shall be available 24 hours per day, 7 days per week, to the Department and law enforcement agencies via a secure web-based portal with forward and backward playback capability.

d) No person, except cultivation center agents, local law enforcement, the Department or the Department's authorized representative, DPH inspectors, or other federal, State or local government officials, when necessary to perform their governmental duties, shall be allowed on the premises of a cultivation center, except that:

1. Laboratory staff may enter a cultivation center for the sole purpose of identifying and collecting cannabis samples for purposes of conducting laboratory tests;

2. Emergency personnel may enter a cultivation center when necessary to perform their duties;

3. Upon written notice to the Department, a cultivation center may allow contractors to enter a cultivation center when they are working on a job unrelated to cannabis, such as installing or maintaining security devices or performing electrical wiring; and

4. Upon prior written request, the Department or the Department's authorized representative may permit other persons to enter a cultivation center.

e) All persons who are not cultivation center agents, but who are permitted on the premises of a cultivation center pursuant to subsection (b), shall obtain a visitor identification badge from cultivation center personnel prior to entering the cultivation center, and shall be escorted and monitored at all times by cultivation center personnel. The visitor identification badge shall be visibly displayed at all times while the visitor is in the cultivation center. All visitors, after presenting valid government issued identification with a picture, shall be logged in and out, and that log shall include the date, time and purpose of the visit and shall be maintained and made available to the Department, at any time, for a period of five years. All visitor identification badges shall be returned to the cultivation center personnel upon the visitor exiting the cultivation center.

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1300 Cannabis Regulation and Tax Act

8 Ill. Adm. Code 1300.195 Transportation

Beginning July 1, 2020, a cultivation center shall not transport cannabis to a craft grower, dispensing organization, infusers, or laboratory licensed under the Act, unless it has obtained a Transporter License. [410 ILCS 705/20-30(m)] Transporter Licenses are granted in accordance with Subpart F (Transporters).

8 Ill. Adm. Code 1300.200 Definitions

The terms that appear in this Subpart have the definitions specified in this Subpart or have the meanings ascribed to those terms in the Act.

"Board" means the Illinois Community College Board.

"Career in Cannabis Certificate" or "Certificate" means the certification awarded to a community college student who completes a prescribed course of study in cannabis and cannabis business industry related classes and curriculum at a community college awarded a Community College Cannabis Vocational Pilot Program license.

"Community college" means a public community college organized under the Public Community College Act.

"Department" means the Department of Agriculture.

"Licensee" means a community college awarded a Community College Cannabis Vocational Pilot Program license under this Article.

"Low-income student" means a full-time student that receives a federal Pell Grant award.

"Program" means the Community College Cannabis Vocational Pilot Program.

"Program license" means a Community College Cannabis Vocational Pilot Program license issued to a community college under Article 25 of the Act. [410 ILCS 705/25-1]

8 Ill. Adm. Code 1300.202 License Application

a) Community College Cannabis Vocational Pilot Program applications shall be submitted to the Department no later than July 1, 2020.

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 business day.

2. Submissions received after July 1, 2020, or by a means other than required in this Section, shall be returned to the applicant.

3. Notification of the availability of applications and instructions for completion and submission 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.

b) The application shall be submitted on the forms provided by the Department. The forms will include instructions for their completion and submission. The application will reflect the information required of applicants by the Act and this Part. The instructions on the application will reflect the total maximum number of points that can be awarded for each required criteria, measure and category listed in Section 1300.205. All applications will be reviewed and points awarded based upon the same point system in a fair and unbiased manner.

c) An applicant applying for a Program license shall submit, in duplicate, the following:

1. The name and address of the Community College;

2. A detailed description of the social, ethnic, and geographic diversity of the applicant's staff and student body;

3. A detailed description of the applicant's student body population, including information related to the percentage of low-income students enrolled at the community college;

4. A description of the enclosed, locked facility as it applies to the location where cannabis will be grown, harvested, or stored;

5. Proposed procedures for the oversight of the area and facility where the cannabis is expected to be grown or stored, including the implementation of a plant monitoring system, accurate record keeping, staffing plan, and security plan in accordance with the rules issued by the Department of Agriculture under the Act. These procedures should include the process for implementing a physical inventory that will be performed of all plants on a weekly basis;

6. Verification that all faculty and staff with access to the enclosed and locked facility successfully passed a background check;

7. A plot plan of the interior of the building where cannabis will be produced or handled drawn to a reasonable scale;

8. Proposed plan to keep a vault log of entries to the enclosed, locked facility or facilities, including but not limited to, the person entering the site location, the time of entrance, and the time of exit;

9. Proposed plan to conduct post-certificate follow-up surveys and record participating students' job placements within the cannabis industry within a year after the student's completion of the curriculum. The information collected in these surveys shall include, but is not limited to:

A) Number of security incidents or infractions at each licensee and any action taken or not taken;

B) Statistics, based on race, ethnicity, gender, and participating community college of:

i) Students enrolled in career in cannabis classes;

ii) Successful certification completion rates by community college students;

C) Postgraduate job placement of students who obtained a certificate, including both cannabis business establishment jobs and non-cannabis business establishment jobs; and

D) Any other relevant information;

10. A detailed description of the faculty members who will be participating in the program, including their experience and credentials;

11. A detailed proposal of the applicant's curriculum plan, including plans for the processing and testing of cannabis;

12. A career advising and job placement plan for participating students.

13. The nonrefundable application fee of $100.

8 Ill. Adm. Code 1300.205 License Selection Criteria

a) Each application shall address all criteria and measures as set forth in this Subpart. The failure by an applicant to address all of the required criteria and measures will result in the application being returned to the applicant. If all materials, documentations, fees and information required by the application form are not submitted, the application shall be returned to the applicant along with a deficiency notice from the Department. The applicant shall then have 10 calendar days from the date of the deficiency notice to resubmit the application in its entirety. Applications that are still incomplete after this opportunity to cure will not be scored and will be returned to the applicant.

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, for a total of 1000 points:

1. Experience and credentials of the applicant's faculty (200 points);

2. Student population that is more than 50% low-income in each of the past 4 years (200 points);

3. Security plan, including a requirement that all cannabis plants be in an enclosed, locked facility (200 points);

4. Curriculum plan, including processing and testing curriculum for the Career in Cannabis Certificate (200 points);

5. Career advising and job placement plan for participating students (200 points). [410 ILCS 705/25-10(b)]

c) The top-scoring applicants, as determined by subsection (b), that receive a minimum of 60% of available points will be issued licenses by the Department.

d) In the event that 2 or more qualified applicants for a Community College Cannabis Vocational Pilot Program license receive the same total score, the Department will distribute the remaining available licenses by lot:

1. The drawing by lot for all remaining available licenses will occur on the same day; and

2. The process for distributing remaining available licenses will be recorded by the Department in a format of its discretion.

8 Ill. Adm. Code 1300.215 License Transferability

A program license is not transferable to a new entity. A license is not transferable to a new location without Department approval.

8 Ill. Adm. Code 1300.220 License Renewal

a) Every program license shall expire annually on the date it was issued.

b) Every renewal application for a license shall be filed annually with the Department at least 45 calendar days prior to the expiration date of the existing license.

c) The Department will send written notification of expiration to each licensed program at least 90 days prior to the expiration date. However, failure to receive a renewal form from the Department will not excuse the program from renewing the license prior to its expiration.

d) The renewal application must include a list of all faculty members participating in the cannabis curriculum and contain the signature of the faculty member charged with supervising the cannabis curriculum.

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1300 Cannabis Regulation and Tax Act

8 Ill. Adm. Code 1300.230 Modifications and Alterations

Before making any modification to a licensed enclosed and locked facility, the program must complete an Amended Application for License, submit it to the Department with the appropriate schedules, and receive approval from the Department.

8 Ill. Adm. Code 1300.235 License Awards and Denials

a) Licenses shall only be issued for the program as stated in the application.

b) The Department may issue up to 8 program licenses by September 1, 2020. [410 ILCS 705/25-5(a)]

c) Licenses shall be awarded to the highest scoring applicant based on the criteria in Section 1300.205.

d) Beginning with the 2021-2022 academic year, and subject to Section 2-12(h) of the Public Community College Act, community colleges awarded program licenses may offer qualifying students a Career in Cannabis Certificate, which includes, but is not limited to, courses that allow participating students to work with, study, and grow live cannabis plants so as to prepare students for a career in the legal cannabis industry, and to instruct participating students on the best business practices, professional responsibility, and legal compliance of the cannabis industry. [410 ILCS 705/25-5(b)]

8 Ill. Adm. Code 1300.245 Agents and Identification Cards

a) All faculty members shall be required to maintain registration as an agent-in-charge and have a valid agent identification card (ID card) prior to teaching or participating in the licensee's cannabis curriculum that involves instruction offered in the enclosed, locked facility or facilities. [410 ILCS 705/25-20(a)]

b) Prior to receiving an agent-in-charge or agent ID card, the faculty member must successfully pass a background check pursuant to Section 1300.265.

c) Each faculty member must apply to the Department for a Community College Cannabis Vocational Pilot Program (CC Program) agent-in-charge or agent ID card for each licensed Cannabis Vocational Pilot Program licensee by which he or she is employed.

d) The CC Program agent-in-charge or agent application shall be submitted electronically, and on forms provided by the Department, in accordance with the Act and this Part. The electronic application will include instructions for its completion and submission. The application will include requests for information in support of the application needed by the Department in making its determination. If all materials, documentation and information required by the Act and this Part are not submitted, the application shall be returned to the applicant.

e) Application Process

Along with the application, the applicant shall submit:

1. A copy of the applicant's social security card;

2. A copy of the applicant's valid driver's license or State issued ID card;

3. A document verifying the applicant's place of residency, such as a bank statement, cancelled check, insurance policy, etc. The document must contain the applicant's full residence address;

4. Verification from ISP that the applicant's background check has been conducted;

5. A copy of the applicant's faculty ID card;

6. Any additional information requested by the Department; and

7. The required fee of $50.

f) Upon receipt and verification of the information specified in subsection (e), the Department will:

1. Approve or deny the application within 30 days after receipt;

2. Issue each CC Program agent-in-charge or agent ID card, within 15 business days after approval, that shall expire one year after the date of issuance; and

3. Enter in its record system the registry identification number of the program for which the agent works.

g) No faculty member shall participate in a licensee's cannabis curriculum that involves instruction offered in the enclosed, locked facility prior to receiving his or her CC Program agent-in-charge or agent ID card.

h) The CC Program ID card shall contain:

1. The name of the cardholder;

2. The date of issuance and expiration date of the ID card;

3. A random 10-digit alphanumeric identification number containing at least 4 numbers and 4 letters that is unique to the holder;

4. A photograph of the cardholder; and

5. The name of the CC Program employing the agent. [410 ILCS 705/25-35(c)]

i) A CC Program agent-in-charge or agent must keep his or her ID card visible at all times when on the property of an enclosed, locked facility of the licensee.

j) Upon termination of employment, the CC Program ID cards shall be immediately returned to the licensee. The licensee shall promptly return the ID cards to the Department.

k) Any CC Program agent-in-charge or agent ID card that is lost, destroyed or stolen shall be reported to ISP and the Department immediately upon discovery of the loss, destruction or theft. The fee for the issuance of a replacement ID card shall be $25.

l) Renewal

1. CC Program agent-in-charge and agent ID cards shall be renewed annually. The renewal fee shall be $50. The Department will send electronic notice 90 days prior to expiration;

2. If a CC Program agent-in-charge or agent fails to renew his or her ID card before its expiration, he or she shall cease to work as an agent of the CC Program in the enclosed, locked facility, until the ID card is renewed;

3. A CC Program agent-in-charge or agent who fails to renew his or her ID card, and continues to act as an agent for the CC Program in the enclosed, locked facility, shall be subject to the penalties outlined in Section 1300.280 and Subpart G (Enforcement and Immunities);

4. Upon request for renewal, the Department will consider the applicant's history of compliance with the Act and this Part, the number and severity of any violations and the correction of those violations, and penalties or fines imposed or any other enforcement actions;

5. The Department may deny a renewal after consideration of the applicant's history of compliance;

6. The Department will not renew a CC Program agent-in-charge or agent ID card if the holder is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois. [410 ILCS 705/15-95(i)(12)]

8 Ill. Adm. Code 1300.265 Background Check

a) All faculty receiving an agent or agent-in-charge or agent ID card must successfully pass a background check required by Section 5-20 of the Act prior to participating in a licensee's cannabis curriculum that involves instruction offered in the enclosed, locked facility. [410 ILCS 705/25-20(b)]

b) ISP shall act as the Department's agent for purposes of receiving electronic fingerprints and conducting background checks of each applicant for a CC Program agent or agent-in-charge ID card.

1. ISP will conduct background checks for conviction information contained within ISP and FBI criminal history databases to the extent allowed by law.

2. For verification of any statutorily imposed duty to conduct background checks pursuant to the Act, ISP will transmit the results of the background check to the Department and that transmittal shall conclude the verification process.

3. The electronic background checks shall be submitted as outlined in either the Illinois Uniform Conviction Information Act or 20 Ill. Adm. Code 1265.30 (Electronic Transmission of Fingerprint Requirements).

A) Manual fingerprints will not be accepted and shall not be scanned and converted into an electronic format.

B) Fingerprint images of the individual being fingerprinted, and related alphanumeric identification data submitted to ISP for the purpose of this fingerprint-based background check, shall be submitted electronically.

C) Electronic transmission of fingerprint data to ISP shall be accomplished utilizing livescan procedures or other comparable technology approved for use by ISP.

D) If the fingerprints are rejected by ISP, the applicant shall have his or her fingerprints collected electronically by a livescan fingerprint vendor a second time.

E) In the event of equipment malfunction or other special circumstance that make electronic transmission of fingerprint data impractical, ISP may allow limited use of paper fingerprint records.

c) Each CC Program agent-in-charge or agent applying for a CC Program agent-in-charge or agent ID card shall have his or her fingerprints collected electronically by a livescan fingerprint vendor licensed by DFPR and transmitted to ISP for processing no more than 30 days prior to the date of application or renewal for the ID card.

1. The CC Program agent-in-charge or agent shall submit to the Department, with the agent-in-charge or agent ID card application or renewal, a copy of the livescan request form and the receipt provided by the livescan fingerprint vendor containing the Transaction Control Number (TCN) as proof that his or her fingerprints have been collected.

2. CC Program agent-in-charge or agent ID card applications submitted without a copy of the livescan request form and receipt will be deemed incomplete and will not be processed until fingerprinting is completed. The fingerprinting process is not completed until the Department receives the results from ISP.

3. Any fees associated with the livescan fingerprint-based criminal history records check shall be the responsibility of the individual seeking an ID card and shall be collected by the livescan vendor at the time of fingerprinting and transmitted to ISP for deposit in the ISP Services Fund. A convenience fee may be charged by the livescan vendor as provided in Section 31-5 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

d) The Department will maintain the results of the criminal history records check in compliance the State Records Act.

e) Should the Department not be able to obtain from ISP the required State and/or federal criminal records check required by the Act and this Section, the Department will contract as appropriate with a private detective/investigating agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 and in good standing with DFPR, for the purpose of conducting those records checks.

8 Ill. Adm. Code 1300.275 Program Operations

a) Licensees shall not have more than 50 flowering cannabis plants at one time.

b) The agent-in-charge shall keep a vault log of the licensee's enclosed, locked facility or facilities, including, but not limited to, the person entering the site location, the time of entrance, and the time of exit.

c) Cannabis shall not be removed from the licensee's facility, except for the limited purpose of shipping a sample to a laboratory registered under the Act.

d) The licensee shall limit keys, access cards, or an access code to the licensee's enclosed, locked facility or facilities, to cannabis curriculum faculty and college security personnel with a bona fide need to access the facility for emergency purposes.

e) A transporter may transport cannabis produced pursuant to Article 25 of the Act to a laboratory registered under the Act. All other cannabis produced by the licensee that was not shipped to a registered laboratory shall be destroyed within 5 weeks after being harvested, pursuant to Subpart I (Destruction of Cannabis).

f) Licensees shall subscribe to the Department cannabis plant monitoring system.

g) Licensees shall maintain a weekly inventory system.

h) No student participating in the cannabis curriculum necessary to obtain a Certificate may be in the licensee's facility unless a faculty agent-in-charge is also physically present in the facility.

i) Licensees shall conduct post-certificate follow up surveys and record participating students' job placements within the cannabis business industry within a year after the student's completion.

j) The Board shall report annually to the Department on the race, ethnicity, and gender of all students participating in the cannabis curriculum necessary to obtain a Certificate, and of those students who obtain a Certificate. [410 ILCS 705/25-15]

k) Students shall be at least 18 years old in order to enroll in a licensee's Career in Cannabis Certificate's prescribed course of study. [410 ILCS 705/25-5(d)]

l) A licensee's enclosed, locked facilities are subject to random inspections by the Department and ISP. [410 ILCS 705/25-30(a)]

m) A licensee shall keep records of the number of security incidents or infractions and any action taken or not taken by the licensee, and make those records available to the Department and the Cannabis Regulation Oversight Officer.

n) A licensee shall keep records of the following categories based on race, ethnicity, and gender, when available, and make available to the Department and the Cannabis Regulation Oversight Officer:

1. Number of students enrolled in cannabis curricula per semester;

2. Successful completion rates for students seeking a certificate; and

3. Postgraduate job placement of students who obtained a certificate in:

A) cannabis business establishment jobs; and

B) non-cannabis business establishment jobs.

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1300 Cannabis Regulation and Tax Act

8 Ill. Adm. Code 1300.280 Enforcement

a) The Department has the authority to suspend or revoke any faculty agent-in-charge or agent ID card for any violation of Article 25 of the Act.

b) The Department has the authority to suspend or revoke any Program license for any violation found under this Article.

c) The Board shall revoke the authority to offer the Certificate of any community college that has had its license revoked by the Department. [410 ILCS 705/25-25]

8 Ill. Adm. Code 1300.295 Requests for Information

Upon a request for information from the Cannabis Regulation Oversight Officer, the Board, or the Department, a Licensee must transmit the requested information to the Cannabis Regulation Oversight Officer, the Board, or the Department. Requests from the public shall be processed in accordance with the Illinois Freedom of Information Act.

8 Ill. Adm. Code 1300.300 License Application

a) A Craft Grower License shall be obtained for each facility prior to commencement of any production activities. The license 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) On February 14, 2020, the Department will begin accepting applications for Craft Grower Licenses. The license acceptance period shall close on March 16, 2020. An application will be considered submitted on the date in which it was received, if received on or before 5 p.m. Central Time. If received after 5 p.m. Central Time, the application will be considered received on the next business day.

1. Submissions shall be made electronically.

2. Notification of the availability of applications will be posted on the Department's website at www.agr.state.il.us/.

c) An applicant applying for a Craft Grower License shall electronically submit the following:

1. Nonrefundable application fee of $5,000, unless the applicant is eligible for a fee waiver as a Social Equity Applicant under Section 7-20 of the Act;

2. Legal name of the craft grower;

3. Proposed physical address of the craft grower;

4. Name, address, social security number, and date of birth of each principal officer and board member of the craft grower, each principal officer and board member shall be at least 21 years of age;

5. The details of any administrative or judicial proceeding in which any of the principal officers or board members of the craft grower:

A) Pled guilty, were convicted, fined, or had a registration or license suspended or revoked; or

B) Managed or served on the board of a business or non-profit organization that pled guilty, was convicted, fined, or had a registration or license suspended or revoked;

6. Proposed operating bylaws that include procedures for the oversight of the craft grower, including the development and implementation of a plant monitoring system, accurate recordkeeping, staffing plan, and security plan;

7. Verification from ISP that all background checks of the prospective principal officers, board members, and agents of the cannabis business establishment have been conducted. If ISP has not completed the background check, then the applicant shall provide written verification that the request has been submitted to ISP;

8. A copy of the current local zoning ordinance or permit and verification that the proposed craft grower is in compliance with the local zoning rules and distance limitations established by the local jurisdiction;

9. Proposed employment practices, in which the applicant must demonstrate a plan of action to inform, hire, and educate minorities, women, veterans, and persons with disabilities, engage in fair labor practices, and provide worker protections;

10. A statement that the applicant can demonstrate experience in or business practices that promote economic empowerment in Disproportionately Impacted Areas;

11. Experience with the cultivation of agricultural or horticultural products, operating an agriculturally related business, or operating a horticultural business;

12. A description of the enclosed, locked facility where cannabis will be grown, harvested, manufactured, packaged, or otherwise prepared for distribution to a dispensing organization or other cannabis business establishment;

13. A survey of the enclosed, locked facility, including the space used for cultivation;

14. Cultivation, processing, inventory, and packaging plans;

15. A description of the applicant's experience with agricultural cultivation techniques and industry standards;

16. A list of any academic degrees, certifications, or relevant experience of all prospective principal officers, board members, and agents of the related agricultural or horticultural business;

17. The identity of every person having a financial or voting interest of 5% or greater in the craft grower operation, whether a trust, corporation, partnership, limited liability company, or sole proprietorship, including the name and address of each person;

18. A plan describing how the craft grower will address each of the following:

A) Energy needs, including estimates of monthly electricity and gas usage, to what extent it will procure energy from a local utility or from on-site generation, and if it has or will adopt a sustainable energy use and energy conservation policy;

B) Water needs, including estimated water draw and if it has or will adopt a sustainable water use and water conservation policy; and

C) Waste management, including if it has or will adopt a waste reduction policy.

19. A recycling plan that addresses each of the following:

A) Purchaser packaging, including cartridges, that shall be accepted by the applicant and recycled;

B) Any recyclable waste generated by the craft grower facility shall be recycled per applicable State and local laws, ordinances, and rules; and

C) Any cannabis waste, liquid waste, or hazardous waste shall be disposed of in accordance with 8 Ill. Adm. Code 1000.460, except, to the greatest extent feasible, all cannabis plant waste will be rendered unusable by grinding and incorporating the cannabis plant waste with compostable mixed waste to be disposed of in accordance with 8 Ill. Adm. Code 1000.460(g)(1).

20. A commitment to comply with local waste provisions. A craft grower facility must remain in compliance with applicable State and federal environmental requirements, including, but not limited to:

A) Storing, securing, and managing all recyclables and waste, including organic waste composed of or containing finished cannabis and cannabis-infused products, in accordance with applicable State and local laws, ordinances, and rules; and

B) Disposing liquid waste containing cannabis or byproducts of cannabis processing in compliance with all applicable State and federal requirements, including, but not limited to permits under Title X of the Environmental Protection Act.

21. A commitment to a technology standard for resource efficiency of the craft grower facility:

A) Lighting. The Lighting Power Densities (LPD) for cultivation space commits to not exceed an average of 36 watts per gross square foot of active and growing space canopy, or all installed lighting technology shall meet a photosynthetic photon efficacy (PPE) of no less than 2.2 micromoles per joule fixture and shall be featured on the Design Lights Consortium (DLC) Horticultural Specification Qualified Products List (QPL). In the event that DLC requirement for minimum efficacy exceeds 2.2 micromoles per joule fixture, that PPE shall become the new standard;

B) HVAC

i) For cannabis grow operations with less than 6,000 square feet of canopy, the licensee commits that all HVAC units will be high-efficiency ductless split HVAC units, or other more energy efficient equipment;

ii) For cannabis grow operations with 6,000 square feet of canopy or more, the licensee commits that all HVAC units will be variable refrigerant flow HVAC units, or other more energy efficient equipment;

C) Water application

i) The craft grower facility commits to use automated watering systems, including, but not limited to, drip irrigation and flood tables, to irrigate cannabis crop;

ii) The craft grower facility commits to measure runoff from watering events and report this volume in its water usage plan, and that on average, watering events shall have no more than 20% of runoff of water;

D) Filtration. The craft grower commits that HVAC condensate, dehumidification water, excess runoff, and other wastewater produced by the craft grower facility shall be captured and filtered to the best of the facility's ability to achieve the quality needed to be reused in subsequent watering rounds;

E) Reporting energy use and efficiency; [410 ILCS 705/30-10]

22. If a sole proprietorship, the name, residence and date of birth of the owner;

23. If a partnership, the names and addresses of all partners, both general and limited and any partnership or joint venture documents;

A) For a domestic limited partnership, a copy of the Certificate of Limited Partnership, and a Certificate of Good Standing from SOS dated within the last 60 days;

B) For a foreign limited partnership, a certificate of Good Standing from the state of formation, a copy of the Certificate of Authority from SOS, and a Certificate of Good Standing from SOS dated within the last 60 days;

24. If a limited liability partnership, the names and addresses of all partners, and any partnership or joint venture documents;

A) For a domestic limited liability partnership, a copy of the Certificate of Limited Liability Partnership, and a Certificate of Good Standing from SOS dated within the last 60 days;

B) For a foreign limited liability partnership, a certificate of Good Standing from the state of formation, a copy of the Certificate of Authority from SOS, and a Certificate of Good Standing from SOS dated within the last 60 days;

25. If a corporation based in Illinois, a copy of the Articles of Incorporation, and a copy of the Certificate of Good Standing issued by SOS or obtained from the SOS website within the last 60 days. If the corporation is a foreign corporation, a copy of the Articles of Incorporation, a copy of the Certificate of Good Standing from the state or country in which the corporation is domiciled, a copy of the Certificate of Authority from SOS, and a Certificate of Good Standing from SOS dated within the last 60 days. If using an assumed name (d/b/a), a copy of the assumed name registration issued by SOS. Additionally, applicants shall include the names and addresses of all stockholders and directors of the corporation;

26. If a limited liability company:

A) For a domestic limited liability company, a copy of the Articles of Organization, a copy of the Certificate of Good Standing issued by SOS or obtained from the SOS website within the last 60 days, and a listing of the members of the limited liability company and his, her, or its contact information;

B) For a foreign limited liability company, a copy of the Articles of Organization and a Certificate of Good Standing from the state of organization, a copy of the Application for Admission to Transact Business in Illinois, along with a Certificate of Good Standing issued by SOS, all dated within the last 60 days;

27. If another type of business entity, the same or similar information, as applicable, to that listed in subsections (c)(25) and (26);

28. Property Ownership Records

A) If the property is not owned but is currently leased by the applicant, the applicant shall provide: a copy of the lease; confirmation of land ownership; identification of any mortgagees and/or lienholders; a written statement from the property owner and/or landlord, certifying consent that the applicant may operate a craft grower on the premises at least through the term of the lease; and, if applicable, verification of notification by the property owner to any and all mortgagees and/or perfected lienholders that the property is to be used as a craft grower at least through the term of the financing, and consent thereto by any mortgagees and/or perfected lienholders;

B) If the property is not owned or currently leased by the applicant, the applicant shall provide: a written statement from the property owner and/or landlord certifying consent that the applicant will lease or purchase the property for the purpose of operating a craft grower for at least 5 years; and, if applicable, verification of notification by the property owner to any and all mortgagees and/or perfected lienholders that the property is to be used as a craft grower at least through the effective dates of all agreements, and consent thereto by any mortgagees and/or perfected lienholders;

C) If the property is owned by the applicant, the applicant shall provide: confirmation of land ownership; identification of any and all mortgagees and/or perfected lienholders; and, if applicable, verification of notification to any and all mortgagees and/or perfected lienholders that the property is to be used as a craft grower at least through the expiration of financing, and consent thereto by any mortgagees and/or perfected lienholders;

29. Applicant shall submit plans and specifications drawn to scale for the interior of the building. If the building is not in existence at the time of application, the applicant shall submit a plot plan and a detailed drawing to scale of the interior and the architect's drawing of the building to be constructed;

30. Documentation that the individual or entity filing the application has at least $20,000 in liquid assets. Acceptable documentation includes a signed statement from an Illinois licensed CPA attesting to proof of the required amount of liquid assets under the control of an owner or the entity applying. The statement must be dated within 30 calendar days before the date the application was submitted;

31. All relevant financial information as set forth in Section 1300.305;

32. If any principal officers or board members are currently, or have been previously, licensed or authorized in another state or jurisdiction to produce, distribute, or otherwise sell cannabis in any form, the following:

A) A copy of each such licensing or authorizing document verifying licensure in that state or jurisdiction;

B) A statement granting the Department permission to contact the regulatory agency that granted the license to confirm the information contained in the application; and

C) If the entity's license or authorization to conduct business was ever suspended, revoked or otherwise sanctioned, a copy of documentation so indicating, or a statement that the applicant was so licensed and was never sanctioned.

33. For a Social Equity Applicant:

A) If applicable, the Social Equity Applicant's status as an "Illinois resident", as evidenced by incorporation documents, or, if applying as an individual, at least 2 of the following:

i) a signed lease agreement that includes the applicant's name;

ii) a property deed that includes the applicant's name;

iii) school records;

iv) voter registration card;

v) an Illinois driver's license, ID card, or a Person with a Disability ID card;

vi) a paycheck stub;

vii) a utility bill; or

viii) any other proof of residency or other information necessary to establish residence.

B) A person must have been domiciled in this State for a period of 30 days and shall provide evidence of one of the following:

i) The person or persons owning and controlling at least 51% of the proposed license have lived in a Disproportionately Impacted Area for 5 of the preceding 10 years as demonstrated by, but not limited to, tax filings, voter registrations, leases, mortgages, paycheck stubs, utility bills, insurance forms, or school records that include the qualifying principal officers' names on them;

ii) The person or persons owning and controlling at least 51% of the proposed license have been arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act. If the arrest, conviction, or adjudication has been sealed or expunged, provide records of that action;

iii) The person or persons owning and controlling at least 51% of the proposed license have had a parent, legal guardian, child, spouse or dependent, or was a dependent of an individual who, prior to June 25, 2019, was arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act. If the arrest, conviction or adjudication has been sealed or expunged, the applicant shall provide records of that action. The applicant must also provide evidence of the relationship between the applicant's principal officer or officers and the person who was arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act; or

iv) The applicant employs 10 or more full-time employees, and that 51% or more of those employees currently reside in a Disproportionately Impacted Area; have been arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under the Act; or are members of an "impacted family" as that term is defined in the Act. The applicant must provide evidence as described in this subsection (c)(33)(B)(iv) for each employee. The applicant shall also provide evidence the employees were engaging in full time work as of the date the application was submitted. If the employee information, or employment status of employees, changes before licenses are awarded, the applicant has a duty to notify the Department of the change in employee information or status.

34. If the Department offers bonus points for community engagement, and the applicant desires to obtain those points, the applicant must submit its plan for community engagement.

d) The applicant shall sign a notarized statement certifying that:

1. The craft grower will register with DOR if the applicant is granted a license;

2. The application is complete and accurate;

3. The applicant has actual notice that, notwithstanding any State law:

A) Cannabis is a prohibited Schedule I controlled substance under federal law;

B) A license is granted only to the extent provided by the strict requirements of the Act and this Part;

C) Any activity not sanctioned by the Act or this Part may be a violation of State law;

D) Growing, distributing or possessing cannabis in any capacity, except through a federally-approved research program, is a violation of federal law;

E) Use of cannabis may affect an individual's ability to receive federal licensure in other areas;

F) Use of cannabis, in tandem with other conduct, may be a violation of federal law;

G) Possessing a license does not authorize any person to violate federal law or State law and, other than as set out in Article 45 of the Act, does not provide any immunity from or affirmative defense to arrest or prosecution under federal law or State law; and

H) Applicants shall indemnify and hold harmless the State of Illinois for any and all civil or criminal penalties resulting from possessing a license; and

4. All of applicant's principal officers expressly agree to be subject to service of process in Illinois with a current Illinois address on file with the Department.

e) If the Department receives an application with missing information, the Department may issue a deficiency notice to the applicant. The applicant shall have 10 calendar days from the date of the deficiency notice to resubmit the incomplete information. Applications that are still incomplete after this opportunity to cure will not be scored and will be disqualified. [410 ILCS 705/30-10(c)]

8 Ill. Adm. Code 1300.305 Financial Disclosure

a) When applying for a Craft Grower License, the applicant shall disclose all relevant financial information to the Department. The applicant shall have a continuing duty to disclose promptly any material changes in the financial information provided to the Department. If an applicant is issued a license, this duty of ongoing disclosure shall continue throughout the licensed period. These disclosures shall include:

1. The ownership structure of the craft grower;

2. A current organizational chart that includes position descriptions and the names and resumes of persons holding each position to the extent those positions have been filled. To the extent not revealed by the resume, include additional pages with each resume setting out the employee's particular skills, education, experience or significant accomplishments that are relevant to owning or operating a craft grower;

3. Documents such as the articles of incorporation, articles of association, charter, by-laws, partnership agreement, agreements between any 2 or more members of the applicant that relate in any manner to the assets, property or profit of the applicant, or any other comparable documents that set forth the legal structure of the applicant or relate to the organization, management or control of the applicant;

4. A copy of all compensation agreements with owners, officers and growers; and

5. The nature, type, terms, covenants and priorities of all outstanding bonds, loans, mortgages, trust deeds, pledges, lines of credit, notes, debentures or other forms of indebtedness issued or executed, or to be issued or executed, in connection with opening or operating the proposed craft grower;

b) The applicant shall disclose all sources of funding used to acquire or develop the business for which the license is sought, and shall provide independent documentation concerning the source of the funds and copies of closing documents in connection with the purchase of a registered business.

c) The applicant shall disclose whether any principal officer and/or board member has ever:

1. Filed for bankruptcy;

2. Defaulted on alimony or child support payment; or

3. Been disciplined or sanctioned by a State or federal agency.

d) The applicant shall disclose whether there are currently or have ever been any State or federal tax liens against the property of the applicant, as well as the property of any principal officer and/or board member.

8 Ill. Adm. Code 1300.307 License Selection Criteria

a) The license selection criteria for the Craft Grower License shall include the following, with each criterion accounting for up to the indicated maximum number of the total points available for each criteria, out of 1,000 total points (bonus points are an additional 2 points):

1. Suitability of the Proposed Facility (75 points):

A) Measure 1 (25 points): The applicant demonstrates that the proposed facility is suitable for effective and safe cultivation of 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 cannabis, cannabis-infused products, product handling, storage, trimming, packaging, loading and shipping. The loading/unloading of cannabis in the transport motor vehicle for shipping shall be in an enclosed, secure area out of public sight;

B) Measure 2 (25 points): The applicant demonstrates the ability to meet consumer demand by operating the cultivation facility in a safe and efficient manner with minimal impact on the environment and the surrounding community;

C) Measure 3 (25 points): The applicant provides an Operations and Management Practices Plan that demonstrates compliance with this Part and the Act.

2. Suitability of Employee Training Plan (50 points):

A) Measure 1 (25 points): The applicant fully describes a staffing plan that will provide and ensure adequate staffing and experience for all accessible business hours, safe production, sanitation, adequate security and theft prevention; and

B) Measure 2 (25 points): 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.

3. Security Plan and Recordkeeping (145 points):

A) Measure 1 (40 points): The applicant's security plan demonstrates its ability to prevent the theft or diversion of cannabis and how the plan will assist ISP, the Department, and local law enforcement. Specifically, it shall evidence compliance with all items in Sections 1300.355, 1300.380, and 1300.385;

B) Measure 2 (40 points): The applicant demonstrates that its plan for record keeping, tracking and monitoring inventory, quality control and security and other policies and procedures will discourage unlawful activity. It also describes the applicant's plan to coordinate with and dispose of unused or surplus cannabis through ISP and the Department;

C) Measure 3 (40 points): The applicant's security plan shall describe the enclosed, locked facility that will be used to secure or store cannabis, its security measures, including when the location is closed for business, and the steps taken to ensure that cannabis is not visible to the public;

D) Measure 4 (25 points): The applicant's plan to apply for a Transporter License or plan to work with a licensed transporter and the applicant's procedures for safely and securely delivering cannabis and cannabis-infused products to cannabis business establishments.

4. Cultivation Plan (75 points):

A) Measure 1 (25 points): The applicant shall describe its plan to provide a steady, uninterrupted supply of cannabis to registered dispensaries;

B) Measure 2 (25 points): The applicant demonstrates knowledge of cultivation methods to be used in the cultivation of cannabis. The applicant shall describe the various strains to be cultivated and its experience, if applicable, with growing those strains or comparable agricultural products;

C) Measure 3 (25 points): The applicant demonstrates the steps that will be taken to ensure the quality, including the purity and consistency, of the cannabis to be provided to dispensaries.

5. Product Safety and Labeling Plan (95 points):

A) Measure 1 (35 points): The applicant shall describe its plan for providing safe and accurate packaging and labeling of cannabis;

B) Measure 2 (35 points): The applicant shall describe its plan for testing cannabis and ensuring that all cannabis is free of contaminants, including but not limited to pesticides, microbiological, and residual solvent.

C) Measure 3 (25 points): The applicant shall describe its plan for establishing a recall of the applicant's products in the event that they are shown by testing or other means to be, or potentially to be, defective or have a reasonable probability that their use or exposure to will cause serious adverse health consequences. At a minimum, the plan should include the method of: identification of the products involved; notification to the dispensary organization or others to whom the product was sold or otherwise distributed; and how the products will be disposed of if returned to or retrieved by the applicant.

6. Applicant's Business Plan and Services to be Offered (110 points):

A) Measure 1 (40 points): The applicant shall provide a business plan that describes how the craft grower plans to operate on a long-term basis. This shall include the applicant providing a detailed description about the amount and source of the equity and debt commitment for the proposed craft grower that demonstrates the immediate and long-term financial feasibility of the proposed financing plan, the relative availability of funds for capital and operating needs, and the financial capability to undertake the project;

B) Measure 2 (40 points): The applicant or its officers, board members, or incorporators demonstrates experience in business management and/or having industry, agricultural or horticultural experience and the extent of their involvement in or ability to influence the day-to-day operations of the facility;

C) Measure 3 (30 points): The business plan demonstrates a start-up timetable that provides an estimated time from receiving the cultivation license to full operation, and the assumptions used for the basis of those estimates.

7. Applicant's Status as a Social Equity Applicant (200 points);

8. Applicant's Labor and Employment Practices (20 points): Provide a safe, healthy and economically beneficial working environment for its employees, including, but not limited to, its plans regarding workplace safety and environmental standards, codes of conduct, healthcare benefits, educational benefits, retirement benefits, and living wage standards, and entering a labor peace agreement with employees;

9. Applicant's Environmental Plan (20 points);

A) Measure 1 (10 points): The applicant's ability to demonstrate an environmental plan of action to minimize the carbon footprint, environmental impact, and resource needs for the production of cannabis;

B) Measure 2 (10 points): The applicant's ability to describe any plans for the use of alternative energy, the treatment of waste water and runoff, and scrubbing or treatment of exchanged air.

10. The applicant is 51% or more owned and controlled by an individual or individuals who have been an Illinois resident for the past 5 years as proved by tax records and other documentary evidence as permitted by the Act (90 points); [410 ILCS 705/30-15(a)(10)]

11. The applicant is 51% or more controlled and owned by an individual or individuals who meet the qualifications of a veteran as defined in Section 45-57 of the Illinois Procurement Code (20 points); [410 ILCS 705/30-15(a)(11)]

12. Applicant's Diversity Plan (100 points): A narrative of not more than 2500 words that establishes a goal of diversity in ownership, management, employment, and contracting to ensure that diverse participants and groups are afforded equality of opportunity;

b) The Department may award up to 2 bonus points when an applicant makes a commitment to engage with the community. Applicants are not required to complete the bonus category. Bonus points will only be awarded if the Department receives applications that receive an equal score. An applicant that desires to make a commitment to engage with the community may choose one of the following options:

1. Community Benefits Plan: Applicant commits to establishing an incubator program designed to increase participation in the cannabis industry by persons who would qualify as Social Equity Applicants; [410 ILCS 705/30-15(b)(i)]

2. Substance Abuse Prevention Plan: Applicant commits to providing financial assistance to substance abuse treatment centers; [410 ILCS 705/30-15(b)(ii)]

3. Local Community/Neighborhood Report: Applicant commits to educating children and teens about the potential harms of cannabis use.

c) Should the applicant be awarded a license, the information and plan that an applicant provided in its application becomes a mandatory condition of the license. If a licensee fails to comply with standard and special conditions of the license, the Department may assess a penalty or seek suspension or revocation of the license pursuant to Subpart G (Enforcement and Immunities);

d) In the event that 2 or more qualified applicants for a Craft Grower License receive the same total score, the Department will distribute the remaining available licenses by lot.

1. The drawing by lot for all remaining available licenses will occur on the same day.

2. The process for distributing remaining available licenses will be recorded by the Department in a format of its discretion.

e) The Department may verify information contained in each application and accompanying documentation to assess the applicant's character and fitness to operate a craft grower. Notwithstanding an applicant satisfying the foregoing selection criteria, the Department may, in its discretion, refuse to issue a license if it is not satisfied that an applicant, or any one required to be identified in the application by Sections 1300.300, 1300.305 and 1300.345, is a person of good character, honesty and integrity, and is not:

1. A person who creates or enhances the dangers of unlawful practices, methods and activities in the cannabis industry, including, but limited to, product diversion;

2. A person who has demonstrated prior questionable business practices and financial arrangements incidental to the cannabis industry;

3. A person who has had a cannabis dispensary or cultivation center license revoked, suspended or sanctioned in any jurisdiction.

8 Ill. Adm. Code 1300.310 License Denial and Prohibitions

a) An application for a Craft Grower License must be denied if any of the following conditions are met:

1. The applicant failed to submit the materials required by this Part;

2. The applicant would not be in compliance with local zoning rules;

3. One or more of the prospective principal officers or board members or board members causes a violation of Section 30-20 of the Act;

4. One or more of the principal officers or board members is under 21 years of age;

5. The person has submitted an application for a license under the Act and/or this Part which contains false information;

6. The licensee; principal officer, board member, or person having a financial or voting interest of 5% or greater in the licensee; or agent is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois; [410 ILCS 705/30-25]

7. A craft grower may not be located in an area zoned for residential use; [410 ILCS 705/30-30(e)]

8. A craft grower shall not be located within 1,500 feet of another craft grower or cultivation center. [410 ILCS 705/30-30(o)]

b) The Department may deny an application or revoke a license for violations of the Act and/or this Part.

c) Nothing in this Part is intended to confer a property or other right, duty, privilege or interest entitling an applicant to an administrative hearing upon denial of an application.

d) No Craft Grower License issued by the Department will be issued to a person who is licensed by any licensing authority as a cultivation center, or to any partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or any other form of business enterprise having more than 10% legal, equitable, or beneficial interest, directly or indirectly, in a person licensed in this State as a cultivation center, or to any principal officer, agent, employee, or human being with any form of ownership or control over a cultivation center except for a person who owns no more than 5% of the outstanding shares of a cultivation center who shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934. [410 ILCS 705/30-20(a)]

e) A license shall be surrendered to the Department upon written notice and demand if the craft grower fails to begin production within 6 months after the license has been issued. The craft grower may submit a written request to the Department for an extension of time setting forth its justification for being unable to begin production within 6 months after the license was issued. The Department may grant an extension, at its discretion, for good cause shown. Good cause may include unforeseen events, acts of nature and other events that prevent a good faith effort. Good cause shall not include cost overruns, insufficient financing and other factors evidencing a lack of good faith effort.

f) A craft grower that fails to maintain production for any reason for more than 90 consecutive days after it has begun production shall be notified in writing and given 30 days from the date of notification from the Department to submit a written explanation why it so failed and, if it plans on continuing to operate as a craft grower, a description of how it will correct the problem and prevent it from occurring again.

1. If no response is received from the craft grower or if a response is received after the 30 day period, the permit shall be revoked and surrendered to the Department.

2. If a response is received within the 30-day period, the Department will review the response and either approve it and require the craft grower to come into compliance or reject it and revoke the license requiring the craft grower to surrender its license to the Department. If the Department allows the craft grower to come into compliance, the Department may, after a hearing, levy a fine for failure to provide an uninterrupted supply.

8 Ill. Adm. Code 1300.315 License Award, Issuance and Transferability

a) The top-scoring applicants, as determined by Section 1300.307, that receive at least 75% of available points will be issued Craft Grower Licenses by the Department.

b) A Craft Grower License shall be issued for the specific location identified on the application, and is valid only for the named owner and the location for which it is issued.

c) Should the applicant be awarded a Craft Grower License, the applicant shall pay a prorated fee of $40,000 prior to receiving the license. [410 ILCS 705/30-15(d)]

d) Transfer of License

A Craft Grower License shall not be transferable in whole or in part, without Department approval, with the following exceptions:

1. A Craft Grower License may be reissued, without charge, solely in the name of the surviving spouse or domestic partner of a deceased licensee if the license was issued in the names of both of the parties; and

2. A Craft Grower License may be transferred, without charge, to an heir of a deceased licensee, as determined by the Probate Act of 1975. For the purpose of considering the qualifications of the heir to receive a Craft Grower License, the Department will require a criminal background check and the heir will be subject to all other requirements of the Act and this Part.

e) Change of Location

In the event that the Department approves a new location as meeting all requirements of the Act and this Part, the craft grower 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.

1. The transition period shall not begin until the new location is ready to begin production.

2. A craft grower may not be located in an area zoned for residential use. [410 ILCS 705/30-30(e)]

3. A craft grower shall not be located within 1,500 feet of another craft grower or a cultivation center. [410 ILCS 705/30-30(o)]

4. No product may be transferred to or cultivated at the new location prior to the beginning date of this approved transition period.

5. Any product remaining at the original location past the transition period shall be destroyed in accordance with the provisions of Subpart I (Destruction of Cannabis).

6. The craft grower 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.

7. Upon inspection and verification by the Department that the new location is in compliance with the Act and this Part, the Department will issue a license modification reflecting the new location. The modified license shall have the same expiration date as the previously issued license.

f) Sale of Stock

The proposed sale of any outstanding or issued stock of a corporation licensed under the Act, or any proposed change in the officers or board members of the corporation, must be reported to the Department, and Department approval must be obtained before the changes are made. A fee of $1,000 will be charged for the processing of the change of stock ownership or corporate officers or board members.

g) The proposed change of any person or principal officer of any licensee must be reported to the Department and Department approval must be obtained before the changes are made.

h) A Craft Grower License shall not be leased or subcontracted, in whole or in part.

i) A Craft Grower License is issued upon the following condition: A craft grower may not either directly or indirectly discriminate in price between different dispensing organizations, craft growers, or infusers that are purchasing a like grade, strain, brand, and quality of cannabis or cannabis-infused product. Nothing in this subsection (i) prevents a cultivation center from pricing cannabis differently based on differences in the cost of manufacturing or processing, the quantities sold, such as volume discounts, or the way the products are delivered. [410 ILCS 705/20-30(e)]

j) A Craft Grower License is issued upon the following condition: It is unlawful for any person having a Craft Grower License or any officer, associate, member, representative, or agent of such licensee to offer or deliver money, or anything else of value, directly or indirectly to any person having an Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act, or to any person connected with or in any way representing, or to any member of the family of, such person holding an Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act, or to any stockholders in any corporation engaged in the retail sale of cannabis, or to any officer, manager, agent, or representative of the Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act to obtain preferential placement within the dispensing organization, including, without limitation, on shelves and in display cases where purchasers can view products, or on the dispensing organization's website. [410 ILCS 705/30-30(n)]

k) A Craft Grower License is issued upon the following condition: No person or entity shall hold any legal, equitable, ownership, or beneficial interest, directly or indirectly, of more than 3 Craft Grower Licenses. Further, no person or entity that is employed by, an agent of, or has a contract to receive payment from or participate in the management of a craft grower, is a principal officer of a craft grower, or entity controlled by or affiliated with a principal officer of a craft grower shall hold any legal, equitable, ownership, or beneficial interest, directly or indirectly, in a Craft Grower License that would result in the person or entity owning or controlling in combination with any craft grower, principal officer of a craft grower, or entity controlled or affiliated with a principal officer of a craft grower by which he, she, or it is employed, is an agent of, or participates in the management of more than 3 Craft Grower Licenses. [410 ILCS 705/30-30(m)]

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

8 Ill. Adm. Code 1300.320 License Renewal

a) Every Craft Grower License issued by the Department under the Act and this Part shall expire annually on the date it was issued.

b) Every renewal application for a license issued pursuant to this Part and accompanied by the proper fees shall be filed annually with the Department at least 45 calendar days prior to the date the existing license expires.

c) The Department will send written notification of expiration to each licensed craft grower at least 90 days prior to expiration. However, failure to receive a renewal form from the Department will not excuse the craft grower from paying the renewal fee or renewing the license prior to its expiration.

d) The Department will grant a renewal application within 45 days after submission of a renewal application if:

1. The registered craft grower submits a renewal application and the required renewal fee of $40,000;

2. The Department has not suspended the license of the craft grower or suspended or revoked the registration for violation of the Act or this Part;

3. The craft grower has continued to operate in accordance with all plans submitted as part of its application and approved by the Department or any amendments that have been approved by the Department;

4. The craft grower has submitted an agent, employee, contracting, and subcontracting diversity report as required by the Department; and

5. The craft grower has submitted an environmental impact report as required by the Act.

e) If a craft grower fails to renew its license before expiration, it shall cease operations until its license is renewed. [410 ILCS 705/30-45]

f) Upon request for renewal, the Department will consider the licensee's history of compliance with requirements of the Act and this Part, the number and severity of any violations and the correction of those violations, as well as penalties or fines imposed, or any other enforcement actions.

g) The Department may deny a renewal after consideration of the licensee's history of compliance.

h) The Department shall not assess the renewal fee in subsection (d) for the two annual license renewal periods that begin after May 1, 2026. The renewal fee in subsection (d) shall be imposed on the craft grower's third annual renewal application submitted after May 1, 2026.

i) If a craft grower license is relinquished or revoked, any past due fees, including renewal periods in which a partial payment was made, shall not be owed to the Department.

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

8 Ill. Adm. Code 1300.330 Modifications and Alterations

a) Before making any modification to a licensed facility, the craft grower must complete an Application for Modification and submit the application with the appropriate schedules to the Department. The fee for an application to make modifications to a craft grower shall be $2,000.

b) Before making any alteration to a licensed facility, the craft grower must complete an application for alteration. The fee for an application to make an alteration of a craft grower shall be $250.

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

8 Ill. Adm. Code 1300.335 Canopy Modification

a) A craft grower may apply to the Department to increase its canopy space in increments of 3,000 square feet up to the maximum canopy space provided for under the Act for a craft grower.

1. A craft grower may request an increase of 3,000, 6,000 or 9,000 square feet of canopy space.

2. At no time may a licensed craft grower's canopy space exceed the maximum canopy space provided for under the Act for a craft grower.

3. For cannabis grow operations with 6,000 square feet of canopy or more, all HVAC units must be variable refrigerant flow HVAC units, or other more energy efficient equipment. [410 ILCS 705/20-15(a)(23)(C)(iii)]

b) Before increasing its canopy space, a craft grower must complete an application modification (see Section 1300.330) and submit all required fees for license and construction approval pursuant to Section 1300.330 on forms provided by the Department.

c) The Department will approve a craft grower's request for an increase of canopy space based on the following criteria:

1. The market need for additional cannabis production, as indicated by any of the following: Illinois adult use cannabis average price per gram and monthly wholesale sales figures over the previous 3 month period immediately prior to application as published on the website of the Cannabis Regulation and Oversight Officer or other State website; whether the craft grower has sold 50% or more of its packaged product consistently over the previous two fiscal quarters; immediately prior to application as determined by data obtained from the State's cannabis plant monitoring system; and any other data the Department may rely on to evaluate market need (e.g., other reports obtained from the State's cannabis plant monitoring system);

2. The craft grower's ability to meet all requirements and commitments contained in its original license application, including any additional modifications;

3. The craft grower's ability to cultivate additional cannabis at the square footage requested;

4. The craft grower's history of compliance or noncompliance with the Act or this Part and with any other relevant law or rules applicable to the growing or selling of cannabis;

A) Deficiencies alone will not be considered as a basis for denying a licensee's request for additional canopy space;

B) A licensee shall not be assessed more than three fines in a calendar year and be granted a request for expansion in that year; and

5. Any additional information presented by the craft grower supporting the application for canopy space expansion.

d) The Department may decrease a craft grower's canopy space by 3,000 square feet if the craft grower has sold less than 50% of its packaged product consistently over the previous two fiscal quarters preceding the notice to decrease canopy space. The Department shall notify a craft grower at least 120 days prior to decreasing its canopy space.

e) The Department shall not decrease a craft grower's canopy space more than once in any twelve month period.

f) The Department may not reduce a craft grower's canopy space below 5,000 square feet.

History

• Source: Added at 48 Ill. Reg. 1862, effective January 22, 2024

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1300 Cannabis Regulation and Tax Act

8 Ill. Adm. Code 1300.345 Background Check

a) ISP shall act as the Department's agent for purposes of receiving electronic fingerprints and conducting background checks of each craft grower agent applying for a craft grower agent identification card.

1. ISP will conduct background checks for conviction information contained within ISP and FBI criminal history databases to the extent allowed by law.

2. For verification of any statutorily imposed duty to conduct background checks pursuant to the Act, ISP will transmit the results of the background check to the Department and that transmittal shall conclude the verification process.

3. The electronic background checks shall be submitted as outlined in either the Illinois Uniform Conviction Information Act or 20 Ill. Adm. Code 1265.30 (Electronic Transmission of Fingerprint Requirements).

A) Manual fingerprints will not be accepted and shall not be scanned and converted into an electronic format.

B) Fingerprint images of the individual being fingerprinted, and related alphanumeric identification data submitted to ISP for the purpose of this fingerprint-based background check, shall be submitted electronically.

C) Electronic transmission of fingerprint data to ISP shall be accomplished utilizing livescan procedures or other comparable technology approved for use by ISP.

D) If the fingerprints are rejected by ISP, the craft grower agent shall have his or her fingerprints collected electronically by a livescan fingerprint vendor a second time.

E) In the event of equipment malfunction or other special circumstance that make electronic transmission of fingerprint data impractical, ISP may allow limited use of paper fingerprint records.

b) Each craft grower agent applying for a craft grower agent identification card shall have his or her fingerprints collected electronically by a livescan fingerprint vendor licensed by DFPR and transmitted to ISP for processing no more than 30 days prior to the date of application or renewal for a craft grower agent identification card.

1. The craft grower agent shall submit to the Department, with the cultivation agent identification card application or renewal, a copy of the livescan request form and the receipt provided by the livescan fingerprint vendor containing the Transaction Control Number (TCN) as proof that his or her fingerprints have been collected.

2. Craft grower identification card applications submitted without a copy of the livescan request form and receipt will be deemed incomplete and will not be processed until fingerprinting is completed. The fingerprinting process is not completed until the Department receives the results from ISP.

3. Any fees associated with the livescan fingerprint-based criminal history records check shall be the responsibility of the individual seeking a craft grower agent identification card and shall be collected by the livescan vendor at the time of fingerprinting and transmitted to ISP for deposit in the ISP Services Fund. A convenience fee may be charged by the livescan vendor as provided in Section 31-5 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

c) The Department will obtain from ISP a State and federal criminal records check, to the extent allowed by law, containing conviction information for each craft grower agent applying for a craft grower agent ID card.

d) The Department will maintain the results of the criminal history records check in compliance with the State Records Act.

e) Should the Department not be able to obtain from ISP the required State and/or federal criminal records check required by the Act and this Section, the Department will contract as appropriate with a private detective/investigating agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 and in good standing with DFPR, for the purpose of conducting those records checks.

8 Ill. Adm. Code 1300.350 Specifications

a) Craft growers shall:

1. Not be located within 1,500 feet of another craft grower or a cultivation center [410 ILCS 705/30-30(m)];

2. Not be in violation of any other local zoning requirements.

b) After a license is approved, craft growers shall provide engineering plans and specifications for the entire facility. The plans and specifications shall include:

1. A detailed plan and elevation drawings of all operational areas involved with the production of cannabis plants. This includes dimensions and elevation referenced to a single facility benchmark;

2. Cross-sections that show the construction details and their dimensions to provide verification of construction materials, enhancement for security measures, and bio-security measures;

3. Identification of all employee areas that are non-production areas;

4. The location of all storage areas, ventilation systems, and equipment used for the production of cannabis;

5. The location of all entrances and exits to the craft grower;

6. The location of any windows, skylights and roof hatches;

7. The location of all cameras and their field of view;

8. The location of all alarm inputs (door contacts, motion detectors, duress/hold up devices) and alarm sirens;

9. The location of the digital video recorder and alarm control panel;

10. The location of all restricted and public areas;

11. The location where all plant inputs and application equipment are stored;

12. If applicable, the location of areas designated specifically for the production of cannabis-infused products; and

13. The location of the enclosed, secure area or loading/unloading dock out of public sight for the loading/unloading of cannabis into the transport motor vehicle.

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1300 Cannabis Regulation and Tax Act

8 Ill. Adm. Code 1300.355 Records

a) Each craft grower shall keep and maintain upon the licensed premises, for a 5-year period, true, complete, legible, and current books and records, including the following:

1. The date of each sale or distribution to a cannabis organization;

2. The name, address and registration number of the cannabis organization;

3. The item number, product name (description), and quantity of cannabis and cannabis-infused products registered by the Department and sold or otherwise distributed to the cannabis organization;

4. The price charged and the amount received for the cannabis and cannabis-infused products from the cannabis organization;

5. If the distribution was for a purpose other than sale, the reason for the distribution;

6. The quantity and form of cannabis maintained at the craft grower on a daily basis; and

7. The amount of plants being grown at the craft grower on a daily basis.

b) Each craft grower is responsible for keeping and maintaining records that clearly reflect all financial transactions and the financial condition of the business. Records that must be kept and maintained on the licensed premises for a 5-year period, and that must be made available for inspection if requested by the Department, and, when applicable, by DOR, include:

1. Purchase invoices, bills of lading, manifests, sales records, copies of bills of sale and any supporting documents, including the items and/or services purchased, from whom the items were purchased, and the date of purchase;

2. If applicable, bank statements and canceled checks for all accounts relating to the craft grower;

3. Accounting and tax records related to the craft grower;

4. Records of all financial transactions related to the craft grower, including contracts and/or agreements for services performed or received that relate to the craft grower;

5. All employee records, including training, education, discipline, etc.;

6. Soil amendment, fertilizers, pesticides, or other crop production aids applied to the growing medium or plants or used in the process of growing cannabis;

7. Production records, including:

A) Planting, harvest and curing, weighing, destruction of cannabis, creating batches of cannabis-infused products, and packaging and labeling; and

B) Disposal of cannabis, cannabis-infused products and waste materials associated with production.

8. Records of each batch of extracts or cannabis-infused products made, including, at a minimum, the usable cannabis or trim, leaves, and other plant matter used (including the total weight of the base product used), any solvents or other compounds utilized, and the product type and the total weight of the end product produced (e.g., hash oil, shatter, tincture, infused dairy butter);

9. Transportation records;

10. Inventory records as described in Section 1300.380;

11. Records of all samples sent to an independent testing lab and/or the Department's lab and the quality assurance test results;

12. All samples provided to anyone or any entity for any purpose; and

13. Records of any theft, loss or other unaccountability of any cannabis seedlings, clones, plants, trim or other plant material, extracts, cannabis-infused products, or other items containing cannabis.

8 Ill. Adm. Code 1300.360 Signage

a) Each licensed craft grower must post a sign in a conspicuous location at each entrance of the facility that reads: "PERSONS UNDER 21 YEARS OF AGE NOT PERMITTED ON THESE PREMISES".

b) Each licensed craft grower must post a sign in a conspicuous location at each entrance of the facility that reads: "THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE".

8 Ill. Adm. Code 1300.365 Agents and Identification Cards

a) The craft grower agent application shall be submitted on forms provided by the Department in accordance with the Act and this Part. The application will include instructions for its completion and submission. The application will include requests for information in support of the application needed by the Department in making its determination. If all materials, documentation and information required by the Act and this Part are not submitted, the application will be returned to the applicant.

b) Each principal officer, board member, employee or agent of a registered craft grower must apply to the Department for a craft grower agent identification card. Along with the application, the applicant shall submit:

1. A copy of the applicant's social security card;

2. A copy of the applicant's valid driver's license or State issued ID card;

3. A document verifying the applicant's place of residency (e.g., bank statement, cancelled check, insurance policy). The document must contain the applicant's full residence address;

4. Verification from ISP that the applicant's background check has been conducted;

5. The application fee of $100; and

6. Any additional information requested by the Department.

c) Upon receipt and verification of the information specified in subsection (b), the Department will:

1. Approve or deny the application within 30 days after receipt;

2. Issue each craft grower agent an ID card, within 15 business days after approval, that shall expire one year after the date of issuance; and

3. Enter in its record system the registry identification number of the craft grower where the agent works.

d) No person shall begin working at a craft grower prior to receiving his or her craft grower agent ID card.

e) The craft grower ID card shall contain the following:

1. The name of the cardholder;

2. The date of issuance and expiration;

3. A random 10-digit alphanumeric identification number with at least 4 numbers and 4 letters that are unique to the holder;

4. A photograph of the cardholder; and

5. The legal name of the craft grower employing the agent.

f) Renewal

1. The craft grower agent ID cards shall be renewed annually. The renewal fee shall be $100. The Department will send electronic notice 90 days prior to expiration;

2. If a craft grower agent fails to renew the ID card before its expiration, he or she shall cease to work as an agent of the craft grower until the ID card is renewed;

3. Upon request for renewal, the Department will consider:

A) The applicant's history of compliance with the Act and this Part;

B) The number and severity of any violations and the correction of those violations;

C) Penalties or fines imposed; and

D) Other enforcement actions;

4. The Department may deny a renewal after consideration of the applicant's history of compliance;

5. The Department will not renew a craft grower agent ID card if the holder is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois.

g) A registered craft grower agent is not subject to prosecution, search, or penalty in any manner, and will not be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business licensing board or entity, for working or volunteering for a registered cannabis craft grower to perform the actions permitted by this Part.

h) An agent must keep his or her ID card visible at all times when on the property of a cannabis business establishment, including the craft grower organization for which he or she is an agent.

i) An agent ID card shall be immediately returned to the cannabis business establishment of the agent upon termination of his or her employment. The craft grower shall promptly return the ID cards to the Department.

j) Any craft grower agent ID card that is lost, destroyed or stolen shall be reported to ISP and the Department immediately upon discovery of the loss, destruction, or theft. The fee for issuance of a replacement ID card is $50.

8 Ill. Adm. Code 1300.370 Operations – Plant Production

a) Each facility shall develop and maintain an Operations and Management Practices Plan for each production area.

b) Each production area shall maintain an open aisle on all sides of each plant group to allow for unobstructed travel, observation and inventory of each plant group.

c) Each production area shall be maintained free of debris.

d) Biosecurity measures shall be implemented and maintained at all times.

e) A record of all crop inputs shall be maintained for at least 5 years at the facility. The record shall include:

1. The date of application;

2. The name of the individual making the application;

3. The product that was applied;

4. The section, including the square footage, that received the application (by group number);

5. The amount of product that was applied; and

6. A copy of the label of the product applied.

f) All craft growers shall utilize the cannabis plant monitoring system as required under Subpart K of this Part.

g) All plants, regardless of accounting strategy, shall be physically inventoried on a weekly basis and records of the inventory shall be kept at the facility for at least 5 years. Those records shall be made available to the Department upon request.

h) All persons working in direct contact with cannabis shall conform to hygienic practices while on duty, including but not limited to:

1. Litter and waste shall be properly removed and the operating systems for waste disposal shall be maintained in an adequate manner so that they do not constitute a source of contamination in areas where cannabis plants are exposed;

2. Floors, walls and ceilings shall be constructed in a manner that they may be kept adequately clean and in good repair;

3. There shall be adequate lighting in all areas where cannabis is stored and where equipment or utensils are cleaned;

4. There shall be adequate screening or other protection against the entry of pests. Rubbish shall be disposed of to minimize the development of odor and minimize the potential for the waste becoming an attractant, harborage or breeding place for pests;

5. Any buildings, fixtures and other facilities shall be maintained in a sanitary condition;

6. Toxic cleaning compounds, sanitizing agents, solvents used in the production of cannabis concentrates, and pesticide chemicals shall be identified, held, and stored in a manner that protects against contamination of cannabis and is in accordance with any applicable local, State or federal law, rule, regulation or ordinance;

7. Only sanitizing agents registered with the Department pursuant to the Illinois Pesticide Act [415 ILCS 60/4] shall be used in craft growers, and they shall be used in accordance with labeled instructions;

8. The water supply shall be sufficient for the operations intended and shall be derived from a source that is a regulated water system. Private water supplies shall be derived from a water source that is capable of providing a safe, potable and adequate supply of water to meet the facility's needs;

9. Plumbing shall be of adequate size and design and adequately installed and maintained to carry sufficient quantities of water to required locations throughout the cultivation center, and it shall properly convey sewage and liquid disposable waste from the facility. There shall be no cross-connections between the potable and waste water lines, pursuant to the Illinois Plumbing Code (77 Ill. Adm. Code 890);

10. All operations in the receiving, inspecting, transporting, segregating, preparing, production, packaging and storing of cannabis or cannabis-infused product shall be conducted in accordance with adequate sanitation principles; and

11. Cannabis that can support the rapid growth of undesirable microorganisms shall be held in a manner that prevents the growth of these microorganisms.

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1300 Cannabis Regulation and Tax Act

8 Ill. Adm. Code 1300.375 Operations – Infused or Processed Products

a) Any area within the craft grower where cannabis will be manufactured into an edible form shall comply with the Illinois Food, Drug and Cosmetic Act, Sanitary Food Preparation Act, and Food Handling Regulation Enforcement Act. No cannabis-infused products requiring refrigeration or hot-holding or considered potentially hazardous food meeting the definition of Section 4 of the Food Handling Regulation Enforcement Act shall be manufactured at a craft grower for sale or distribution at a dispensing organization.

b) DPH may at all times enter every building, room, basement, enclosure, or premises occupied or used or suspected of being occupied or used for the production, preparation, manufacture for sale, storage, sale, distribution, or transportation of cannabis-infused products to inspect the premises and all utensils, fixtures, furniture, and machinery used for the preparation of these products.

c) If a local health department has a reasonable belief that a craft grower's cannabis-infused product poses a public health hazard, it may refer the craft grower to DPH for inspection.

d) General Sanitary Requirements. All areas permitted in the craft grower for the production of cannabis-infused products shall take all reasonable measures and precautions to ensure that:

1. Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion (e.g., boils, sores, infected wounds), or any other abnormal source of microbial contamination for which there is a reasonable possibility of contact with cannabis shall be excluded from any operations that may be expected to result in microbial contamination until the condition is corrected;

2. Hand-washing facilities are adequate and convenient and are furnished with running water at a suitable temperature. Hand-washing facilities shall be located in the licensed premises where good sanitary practices require employees to wash and/or sanitize their hands, and provide effective hand-cleaning and sanitizing preparations and sanitary towel service or suitable drying devices;

3. All persons working in direct contact with cannabis shall conform to hygienic practices while on duty, including but not limited to:

A) Maintaining adequate personal cleanliness;

B) Washing hands thoroughly in adequate hand-washing areas before starting work and at any other time when the hands may have become soiled or contaminated;

C) Refraining from having direct contact with cannabis if the person has or may have an illness, open lesion, including boils, sores or infected wounds, or any other abnormal source of microbial contamination, until the condition is corrected.

4. Litter and waste are properly removed and the operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where cannabis is exposed;

5. Floors, walls and ceilings are constructed in a manner that they may be kept adequately clean and in good repair;

6. There is adequate lighting in all areas where cannabis is stored and where equipment or utensils are cleaned;

7. There is adequate screening or other protection against the entry of pests. Rubbish shall be disposed of to minimize the development of odor and minimize the potential for the waste becoming an attractant, harborage or breeding place for pests;

8. Any buildings, fixtures and other facilities are maintained in a sanitary condition;

9. Toxic cleaning compounds, sanitizing agents, and solvents used in the production of cannabis concentrates shall be identified, held, and stored in a manner that:

A) protects against contamination of cannabis; and

B) is in accordance with any applicable local, State or federal law, rule, regulation or ordinance;

10. All contact surfaces, including utensils and equipment used for the preparation of cannabis or cannabis-infused product, shall be cleaned and sanitized as frequently as necessary to protect against contamination. Equipment and utensils shall be designed and made of material and workmanship that is adequately cleanable, and shall be properly maintained. Only sanitizing agents registered with the Department pursuant to the Illinois Pesticide Act shall be used in craft growers and shall be used in accordance with labeled instructions;

11. The water supply shall be sufficient for the operations intended and shall be derived from a source that is a regulated water system. Private water supplies shall be derived from a water source that is capable of providing a safe, potable and adequate supply of water to meet the facility's needs;

12. Plumbing shall be of adequate size and design, and adequately installed and maintained, to carry sufficient quantities of water to the required locations throughout the facility. Plumbing shall properly convey sewage and liquid disposable waste from the facility. There shall be no cross-connections between the potable and waste water lines;

13. All operations in the receiving, inspecting, transporting, segregating, preparing, producing, packaging and storing of cannabis and cannabis-infused products shall be conducted in accordance with adequate sanitation principles;

14. Each craft grower shall provide its employees with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and good repair; and

15. Cannabis that can support the rapid growth of undesirable microorganisms shall be held in a manner that prevents the growth of these microorganisms.

e) The licensee must request DPH to conduct a pre-operational inspection at all registered craft growers to determine whether the facilities, methods, practices and controls used in the manufacture, processing or holding of cannabis-infused products conform to or are operated with good manufacturing practices to ensure that food products for human consumption are safe and have been prepared, packed and held under sanitary conditions.

f) Upon request, licensees shall immediately allow DPH to inspect the premises and all utensils, fixtures, furniture, machinery and devices used for preparing manufactured cannabis-infused products.

g) DPH will conduct inspections of registered craft growers with regard to the manufacture and preparation of cannabis-infused products under the authority of the Illinois Food, Drug and Cosmetic Act, the Food Handling Regulation Enforcement Act and the Food Service Sanitation Code and in accordance with DPH's Cannabis-Infused Products rules (77 Ill. Adm. Code 946.Subpart D).

h) A craft grower that prepares cannabis-infused products for sale or distribution at a cannabis organization shall be under the operational supervision of a certified food service sanitation manager. Management responsibilities and supervision shall be in accordance with 77 Ill. Adm. Code 730.8000 and 730.8040 (Manufacturing, Processing, Packing or Holding of Food Code).

i) Cultivation centers are strictly prohibited from using, adding or incorporating vitamin E in any form, including, but not limited to, vitamin E acetate (also known as VEA, tocopheryl-acetate, and vitamin E oil) to cannabis, cannabis concentrate, cannabis products, or cannabis-infused products that are intended to be smoked or inhaled.

8 Ill. Adm. Code 1300.380 Inventory

a) Each craft grower, prior to commencing business, shall:

1. Conduct an initial comprehensive inventory of all cannabis at the facility. If a craft grower commences business with no cannabis on hand, the craft grower shall record this fact as the initial inventory; and

2. Establish ongoing inventory controls and procedures for the conduct of inventory reviews and comprehensive inventories of cannabis, which shall enable the craft grower to detect any diversion, theft or loss in a timely manner.

b) Upon commencing business, each craft grower shall conduct a weekly inventory of cannabis stock, which shall include, at a minimum:

1. The date of the inventory;

2. A summary of the inventory findings;

3. The name, signature and title of the individuals who conducted the inventory and the agent-in-charge who oversaw the inventory; and

4. The product name and quantity of cannabis plants or cannabis-infused products at the facility.

c) The record of all cannabis sold, or otherwise disposed of, shall show:

1. The date of sale;

2. The name of the dispensary facility to which the cannabis was sold;

3. The batch number, product name and quantity of cannabis sold; and

4. If applicable, the date, quantity, manner in which, and reason why any cannabis was destroyed.

d) A complete and accurate record of all plant stock or products of cannabis on hand shall be prepared annually on the anniversary of the initial inventory, or other date that the craft grower agent-in-charge may choose, so long as it is not more than one year following the prior year's inventory.

e) All inventories, procedures and other documents required by this Section shall be maintained on the premises and made available to the Department at all times.

f) Whenever any sample or record is removed by a person authorized to enforce this Part, that person shall tender a receipt in lieu of the sample or record. The receipt shall be kept for 5 years.

8 Ill. Adm. Code 1300.385 Security

a) A craft grower shall be required to operate and maintain in good working order a 24 hour, 7 days a week, closed-circuit television (CCTV) surveillance system on the premises that complies with the following minimum standards:

1. The surveillance system shall visually record and monitor all building entrances and exits, all parking lot areas, and rear alley areas immediately adjacent to the building, and covers the entire inside of the facility, including all limited access areas and all areas where cannabis is produced, stored, shipped or destroyed, but does not include restrooms nor the executive office. Fixed cameras shall be installed to provide a consistent recorded image of these areas. The craft grower shall instruct the company or individuals installing the surveillance cameras to maximize the quality of facial and body images and to avoid backlighting and physical obstructions.

A) The cultivation center shall use cameras that capture a continuous recorded image for the following areas:

i) All building entrances and exits, including overhead garage doors and other points of ingress/egress.

ii) All finished product storage areas, including vaults and other areas where packaged inventory is stored.

iii) All information technology (IT) areas, including other areas on the premises where security footage is stored.

B) Motion activated cameras may be utilized in all other areas of the facility in which cameras are required.

2. Cameras installed outdoors and in low-light interior areas shall be day/night cameras with a minimum resolution of 600 lines per inch (analog) or D1 (IP) and a minimum light factor requirement of 0.7 LUX. The installation of additional lighting may be required to increase picture clarity and brightness. Cameras shall be calibrated and focused to maximize the quality of the recorded image.

3. The recording device shall be digital and meet the following minimum standards:

A) Displays a date and time stamp on all recorded video;

B) Produces a digital video disc using an installed media recording drive. The video on the disc shall be viewable on any Windows PC, and shall include any required player software on the disc;

C) Remains operational during a power outage for an unlimited amount of time; and

D) Allows for the exporting of still images in an industry standard image format, including .jpg, .bmp and .gif. Exported video shall have the ability to be archived in a proprietary format that ensures authentication of the video and guarantees that no alteration of the recorded image has taken place. Exported video shall also have the ability to be saved in an industry standard file format that can be played on a standard computer operating system. All recordings shall be erased or destroyed prior to disposal.

4. A display monitor with a minimum screen size of 12 inches shall be connected to the electronic recording security system at all times.

5. Electronic recording security systems must be maintained in good working order at all times. The owner of a craft grower shall instruct each manager, employee or agent overseeing the functioning of the video recording security system to immediately report to the agent-in-charge any malfunctioning or technical problems with the system.

6. Security recordings shall meet the following minimum requirements:

A) The recorded image resolution shall be at least D1; and

B) The recorded image frame rate shall be at least 3 frames per second during alarm or motion-based recording.

7. Security recordings shall be retained by the craft grower for a minimum of 90 days either at the licensed premises or via off site storage that can be digitally accessed at any time. The recording system for the security cameras must be located in a locked, tamper-proof compartment.

8. The surveillance system must be able to connect to a video printer capable of immediately producing a clear still photo from any video camera image.

9. Upon request, the video recording or any photo shall be turned over to ISP or the Department.

b) Access to surveillance areas shall be limited to persons who are essential to surveillance operations, law enforcement agencies, security system service personnel, the Department, and others when approved by the Department. A current list of authorized employees and service personnel that have access to the surveillance room must be available to the Department upon request. Surveillance rooms shall remain locked.

c) The electronic security system shall be available 24 hours per day, 7 days per week, to the Department and law enforcement agencies via a secure web-based portal with forward and backward playback capability.

d) No person, except craft grower agents, local law enforcement, the Department or the Department's authorized representative, DPH inspectors, or other federal, State or local government officials when necessary to perform their governmental duties, shall be allowed on the premises of a craft grower, except that:

1. Laboratory staff may enter the craft grower for the sole purpose of identifying and collecting cannabis samples for purposes of conducting laboratory tests;

2. Emergency personnel may enter a craft grower when necessary to perform their duties;

3. Upon written notice to the Department, a craft grower may allow contractors to enter a craft grower when they are working on a job unrelated to cannabis, such as installing or maintaining security devices or performing electrical wiring; and

4. Upon prior written request, the Department or the Department's authorized representative may permit other persons to enter a craft grower.

e) All persons who are not craft grower agents, but who are permitted on the premises of a craft grower pursuant to subsection (b), shall obtain a visitor identification badge from craft grower personnel prior to entering the craft grower, and shall be escorted and monitored at all times by craft grower personnel. The visitor identification badge shall be visibly displayed at all times while the visitor is in the craft grower. All visitors, after presenting valid government issued identification with a picture, shall be logged in and out, and that log shall include the date, time and purpose of the visit and shall be maintained and made available to the Department, at any time, for a period of five years. All visitor identification badges shall be returned to the craft grower personnel upon the visitor exiting the craft grower.

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1300 Cannabis Regulation and Tax Act

8 Ill. Adm. Code 1300.395 Transportation

a) A craft grower or craft grower agent shall not transport cannabis or cannabis-infused products to any other cannabis business establishment without a transport organization license unless it has received from the Department a registration certificate for each vehicle authorized to transport cannabis.

b) To obtain a registration certificate, a craft grower must notify the Department in writing of its desire to transport cannabis without a transporter license. The notice must include the information referenced in 8 Ill. Adm. Code 1300.510(d)(11) and (15). Upon receiving sufficient information, the Department will send the craft grower a written or electronic notice requesting the information referenced in 8 Ill. Adm. Code 1300.540(h). Upon receiving sufficient information, the Department will issue the craft grower a registration certificate for each vehicle authorized to engage in cannabis transportation activities as prescribed by 8 Ill. Adm. Code 1300.540(h).

c) Craft growers authorized by the Department to transport cannabis without a transporter license must comply with the following requirement:

1. The operational requirements of 8 Ill. Adm. Code 1300.595; and

2. The transportation distance restrictions of the Act:

A) If the craft grower is located in a county with a population of 3,000,000 or more, the cannabis business establishment receiving the cannabis is within 2,000 feet of the property line of the craft grower;

B) If the craft grower is located in a county with a population of more than 700,000 but fewer than 3,000,000, the cannabis business establishment receiving the cannabis is within 2 miles of the craft grower; or

C) If the craft grower is located in a county with a population of fewer than 700,000, the cannabis business establishment receiving the cannabis is within 15 miles of the craft grower. [410 ILCS 705/30-(k)]

d) A craft grower may enter into a contract with a transporter to transport cannabis.

e) Transporter Licenses are granted in accordance with Subpart F (Transporters).

8 Ill. Adm. Code 1300.400 License Application

a) An Infuser License shall be obtained for each facility prior to commencement of any production activities. The license 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 will accept applications for Infuser Licenses beginning February 14, 2020. The Department application period shall close on March 16, 2020. An application will be considered submitted on the date in which it was received, if received on or before 5 p.m. Central Time. If received after 5 p.m. Central Time, the application will be considered received on the next business day.

1. Submissions shall be received electronically.

2. Submissions received after the close of the application period 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/.

c) The license application shall be submitted on the forms provided by the Department. The forms will include instructions for their completion and submission. The application will reflect the information required of applicants by the Act and this Part and will include requests for information, plans, maps, and other materials in support of the application needed by the Department to make its determination on the license request. The instructions on the application will reflect the total maximum number of points that can be awarded for each required criteria, measure, and bonus point category listed in Section 1300.407. The instructions/application will also identify the total minimum number of points necessary from the required criteria and measures to be eligible for consideration of the bonus point categories. All applications will be reviewed and points awarded based upon the same point system in a fair and unbiased manner. If the Department receives an application with missing information, the Department will issue a deficiency notice to the applicant. The applicant shall have 10 calendar days from the date of the deficiency notice to resubmit the incomplete information. Applications that are still incomplete after this opportunity to cure will not be scored and will be returned to the applicant. [410 ILCS 705/35-10(c)] Once submitted, the required fee will not be returned. Upon receipt of an application deemed to be complete, the Department will engage in no further communication with the applicant until after the selection process is completed.

d) An applicant applying for an Infuser License shall submit the following:

1. The nonrefundable application fee of $5,000, unless the applicant is eligible for a fee waiver pursuant to Section 7-20 of the Act;

2. The legal name of the infuser;

3. The proposed physical address of the infuser;

4. The name, address, social security number, and date of birth of each principal officer and board member of the infuser; each principal officer and board member shall be at least 21 years of age;

5. The details of any administrative or judicial proceeding in which any of the principal officers or board members of the infuser:

A) Pled guilty, were convicted, fined, or had a registration or license suspended or revoked; or

B) Managed or served on the board of a business or non-profit organization that pled guilty, was convicted, fined, or had a registration or license suspended or revoked;

6. Proposed operating bylaws that include procedures for the oversight of the infuser, including the development and implementation of a plant monitoring system, accurate recordkeeping, staffing plan, and security plan that are in accordance with this Part. A physical inventory of all cannabis shall be performed by the infuser on a weekly basis;

7. Verification from ISP that all background checks of the prospective principal officers, board members, and agents of the infuser have been conducted. If ISP has not completed the background check, then the applicant shall provide verification that the background check request has been submitted to ISP;

8. A copy of the current local zoning ordinance and verification that the proposed infuser is in compliance with the local zoning rules and distance limitations established by the local jurisdiction;

9. Proposed employment practices, in which the applicant must demonstrate a plan of action to inform, hire, and educate minorities, women, veterans, and persons with disabilities, engage in fair labor practices, and provide worker protections;

10. Whether an applicant can demonstrate experience in, or business practices that promote, economic empowerment in Disproportionately Impacted Areas;

11. Experience in infusing products with cannabis concentrate;

12. A description of the enclosed, locked facility where cannabis will be infused, packaged, or otherwise prepared for distribution to a dispensing organization or other infuser;

13. Processing, inventory, and packaging plans;

14. A description of the applicant's experience with operating a commercial kitchen or laboratory preparing products for human consumption;

15. A list of any academic degrees, certifications, or relevant experience of all prospective principal officers, board members, and agents of the related business;

16. The identity of every person having a financial or voting interest of 5% or greater in the infuser operation with respect to which the license is sought, whether a trust, corporation, partnership, limited liability company, or sole proprietorship, including the name and address of each person; [410 ILCS 705/35-15]

17. If a sole proprietorship, the name, residence and date of birth of the owner;

18. If a partnership, the names and addresses of all partners, both general and limited, and any partnership or joint venture documents:

A) For a domestic limited partnership, a copy of the Certificate of Limited Partnership, and a Certificate of Good Standing from SOS dated within the last 60 days;

B) For a foreign limited partnership, a certificate of Good Standing from the state of formation, a copy of the Certificate of Authority from SOS, and a Certificate of Good Standing from SOS dated within the last 60 days;

19. If a limited liability partnership, the names and addresses of all partners, and any partnership or joint venture documents:

A) For a domestic limited liability partnership, a copy of the Certificate of Limited Liability Partnership, and a Certificate of Good Standing from SOS dated within the last 60 days;

B) For a foreign limited liability partnership, a certificate of Good Standing from the state of formation, a copy of the Certificate of Authority from the SOS, and a Certificate of Good Standing from SOS dated within the last 60 days;

20. If a corporation based in Illinois, a copy of the Articles of Incorporation and a copy of the Certificate of Good Standing issued by SOS or obtained from the SOS website within the last 60 days. If the corporation is a foreign corporation, a copy of the Articles of Incorporation, a copy of the Certificate of Good Standing from the state or country in which the corporation is domiciled, a copy of the Certificate of Authority from SOS and a Certificate of Good Standing from SOS dated within the last 60 days. If using an assumed name (d/b/a), a copy of the assumed name registration issued by SOS. Additionally, applicants shall include the names and addresses of all stockholders and directors of the corporation;

21. If a limited liability company:

A) For a domestic limited liability company, a copy of the Articles of Organization, a copy of the Certificate of Good Standing issued by SOS or obtained from the SOS website within the last 60 days, and a listing of the members of the limited liability company and his, her, or its contact information;

B) For a foreign limited liability company, a copy of the Articles of Organization and a Certificate of Good Standing from the state of organization, a copy of the Application for Admission to Transact Business in Illinois, along with a Certificate of Good Standing issued by SOS, all dated within the last 60 days;

22. If another type of business entity, the same or similar information as required for a limited liability company;

23. A description of the property ownership of the proposed location:

A) If the property is not owned but is currently leased by the applicant, the applicant shall provide: a copy of the lease; confirmation of land ownership; identification of any mortgagees and/or lienholders; a written statement from the property owner and/or landlord, certifying consent that the applicant may operate an infuser on the premises through the term of the lease; and, if applicable, verification of notification by the property owner to any and all mortgagees and/or perfected lienholders that the property is to be used as an infuser at least through the term of financing, and consent thereto by any mortgagees and/or perfected lienholders.

B) If the property is not owned or currently leased by the applicant, the applicant shall provide: a written statement from the property owner and/or landlord certifying consent that the applicant will lease or purchase the property for the purpose of operating an infuser until the end of the lease term; and, if applicable, verification of notification by the property owner to any and all mortgagees and/or perfected lienholders that the property is to be used as an infuser at least through the effective date of the effective agreement, and consent thereto by any mortgagees and/or perfected lienholders.

C) If the property is owned by the applicant, the applicant shall provide: confirmation of land ownership; identification of any and all mortgagees and/or perfected lienholders; and, if applicable, verification of notification to any and all mortgagees and/or perfected lienholders that the property is to be used as an infuser at least through the term of the financing agreement, and consent thereto by any mortgagees and/or perfected lienholders;

24. Documentation acceptable to the Department that the individual or entity filing the application has at least $20,000 in liquid assets. Documentation acceptable to the Department includes a signed statement from an Illinois licensed CPA attesting to proof of the required amount of liquid assets under the control of an owner or the entity applying. The statement must be dated within 30 calendar days before the date the application was submitted;

25. Documentation acceptable to the Department that the individual or entity filing the application will be able to obtain insurance sufficient to indemnify and hold harmless the State and its officers and employees as required by law;

26. All relevant financial information as set forth in Section 1300.405;

27. The name of any agent-in-charge for each work shift;

28. If any principal officers or board members are currently, or have previously been, licensed or authorized in another state or jurisdiction to produce or otherwise deal in the distribution of cannabis in any form, the following:

A) A copy of each licensing/authorizing document verifying licensure in that state or jurisdiction;

B) A statement granting permission to contact the regulatory agency that granted the license to confirm the information contained in the application; and

C) If the license/authorization or application was ever denied, suspended, revoked or otherwise sanctioned, a copy of documentation so indicating, or a statement that the applicant was licensed and was never sanctioned;

29. A plan describing how the infuser will address each of the following:

A) Energy needs, including estimates of monthly electricity and gas usage, to what extent it will procure energy from a local utility or from on-site generation, and if it has or will adopt a sustainable energy use and energy conservation policy;

B) Water needs, including estimated water draw, and if it has or will adopt a sustainable water use and water conservation policy;

C) Waste management, including if it has or will adopt a waste reduction policy;

D) A recycling plan:

i) A commitment that any recyclable waste generated by the infuser shall be recycled per applicable State and local laws, ordinances, and rules; and

ii) A commitment to comply with local waste provisions. An infuser commits to remain in compliance with applicable State and federal environmental requirements, including, but not limited to, storing, securing, and managing all recyclables and waste, including organic waste composed of or containing finished cannabis and cannabis products, in accordance with applicable State and local laws, ordinances, and rules; [410 ILCS 705/30-10]

30. For a Social Equity Applicant:

A) If applicable, the Social Equity Applicant's status as an "Illinois resident" as evidenced by incorporation documents, or, if applying as an individual, at least 2 of the following:

i) a signed lease agreement that includes the applicant's name;

ii) a property deed that includes the applicant's name;

iii) school records;

iv) voter registration card;

v) an Illinois driver's license, ID card, or a Person with a Disability ID card;

vi) a paycheck stub;

vii) a utility bill; or

viii) any other proof of residency or other information necessary to establish residence.

B) A person must have been domiciled in this State for a period of 30 days and shall provide evidence of one of the following:

i) The person or persons owning and controlling at least 51% of the proposed license have lived in a Disproportionately Impacted Area for 5 of the preceding 10 years as demonstrated by, but not limited to, tax filings, voter registrations, leases, mortgages, paycheck stubs, utility bills, insurance forms, or school records that include the qualifying principal officers' names on them;

ii) The person or persons owning and controlling at least 51% of the proposed license have been arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act. If the arrest, conviction, or adjudication has been sealed or expunged, provide records of that action;

iii) The person or persons owning and controlling at least 51% of the proposed license have had a parent, legal guardian, child, spouse or dependent, or was a dependent of an individual who, prior to June 25, 2019, was arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act. If the arrest, conviction or adjudication has been sealed or expunged, the applicant shall provide records of that action. The applicant must also provide evidence of the relationship between the applicant's principal officer or officers and the person who was arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act; or

iv) The applicant employs 10 or more full-time employees, and that 51% or more of those employees currently reside in a Disproportionately Impacted Area; have been arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under the Act; or are members of an "impacted family" as that term is defined in the Act. The applicant must provide evidence as described in this subsection (d)(29)(B)(iv) for each employee. The applicant shall also provide evidence the employees were engaging in full time work as of the date the application was submitted. If the employee information, or employment status of employees, changes before licenses are awarded, the applicant has a duty to notify the Department of the change in employee information or status; and

31. All of the applicant's principal officers expressly agree to be subject to service of process in Illinois and to maintain a current Illinois address on file with the Department.

32. If the Department offers bonus points for community engagement, and the applicant desires to obtain those points, the applicant must submit its plan for community engagement.

e) The applicant shall sign a notarized statement certifying that:

1. The infuser shall register with DOR if the applicant is granted a license;

2. The application is complete and accurate; and

3. The applicant has actual notice that, notwithstanding any State law:

A) Cannabis is a prohibited Schedule I controlled substance under federal law;

B) Participation in the program is licensed only to the extent provided by the strict requirements of the Act and this Part;

C) Any activity not sanctioned by the Act or this Part may be a violation of State law;

D) Growing, distributing or possessing cannabis in any capacity, except through a federally-approved research program, is a violation of federal law;

E) Use of cannabis may affect an individual's ability to receive federal or State licensure in other areas;

F) Use of cannabis, in tandem with other conduct, may be a violation of State or federal law;

G) Participation in the program does not authorize any person to violate federal law or State law and, other than as set out in Article 45 of the Act, does not provide any immunity from or affirmative defense to arrest or prosecution under federal law or State law; and

H) Applicants shall indemnify and hold harmless the State of Illinois for any and all civil or criminal penalties resulting from participation in the program.

8 Ill. Adm. Code 1300.405 Financial Disclosure

a) When applying for an Infuser License, the applicant shall disclose all relevant financial information to the Department. The applicant shall have a continuing duty to disclose promptly any material changes in the financial information provided to the Department. If an applicant is issued a license, this duty of ongoing disclosure shall continue throughout the licensed period. These disclosures shall include:

1. The ownership structure of the infuser;

2. A current organizational chart that includes position descriptions and the names and resumes of persons holding each position to the extent those positions have been filled. To the extent not revealed by the resume, include additional pages with each resume setting out the employee's particular skills, education, experience or significant accomplishments that are relevant to owning or operating an infuser;

3. Documents such as the articles of incorporation, articles of association, charter, by-laws, partnership agreement, or agreements between any 2 or more members of the applicant that relate in any manner to the assets, property or profit of the applicant, or any other comparable documents that set forth the legal structure of the applicant or relate to the organization, management or control of the applicant;

4. A copy of all compensation agreements with directors, owners, officers and infusers;

5. The nature, type, terms, covenants and priorities of all outstanding bonds, loans, mortgages, trust deeds, pledges, lines of credit, notes, debentures or other forms of indebtedness issued or executed, or to be issued or executed, in connection with opening or operating the proposed infuser;

6. Audited financial statements for the previous fiscal year, which shall include, but are not limited to, an income statement, balance sheet, statement of retained earnings or owners' equity, statement of cash flows, and all notes to these statements and related financial schedules, prepared in accordance with generally accepted accounting principles, along with the accompanying independent auditor's report. If the applicant was formed within the year preceding the application for license, provide certified financial statements for the period of time the applicant has been in existence and any pro forma financials used for business planning purposes.

b) The applicant shall disclose all sources of funding used to acquire or develop the business for which the license is sought, and shall provide independent documentation concerning the source of the funds and copies of closing documents in connection with the purchase of a registered business.

c) The applicant shall disclose whether any principal officer and/or board member:

1. Has ever filed for bankruptcy;

2. Is more than 30 days delinquent in complying with a child support order [5 ILCS 100/10-65(c)]; or

3. Has ever been disciplined or sanctioned by a State or federal agency.

d) The applicant shall disclose whether there are currently or have ever been any State or federal tax liens against the property of the applicant, as well as the property of any principal officer and/or board member.

8 Ill. Adm. Code 1300.407 License Selection Criteria

a) The license selection criteria for the Infuser License shall include the following, with each criterion accounting for up to the indicated maximum number of the total points available for each criteria, out of 1,000 total points (bonus points are an additional 2 points):

1. Suitability of the Proposed Facility (75 points):

A) Measure 1 (25 points): The applicant demonstrates that the proposed facility is suitable for effective and safe production of cannabis and cannabis-infused products, sufficient in size, power allocation, air exchange and air flow, interior layout, lighting, and sufficient both in the interior and exterior to handle bulk production of cannabis-infused products, product handling, storage, trimming, packaging, loading and shipping. The loading/unloading of cannabis in the transport motor vehicle for shipping shall be in an enclosed, secure area out of public sight;

B) Measure 2 (25 points): The applicant demonstrates the ability to meet consumer demand by operating the infuser facility in a safe and efficient manner with minimal impact on the environment and the surrounding community;

C) Measure 3 (25 points): The applicant provides an Operations and Management Practices Plan that demonstrates compliance with this Part and the Act.

2. Suitability of Employee Training Plan (50 points):

A) Measure 1 (25 points): The applicant fully describes a staffing plan that will provide and ensure adequate staffing and experience for all accessible business hours, safe production, sanitation, adequate security and theft prevention;

B) Measure 2 (25 points): 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.

3. Security Plan and Recordkeeping (145 points):

A) Measure 1 (40 points): The applicant's security plan demonstrates its ability to prevent the theft or diversion of cannabis and how the plan will assist with ISP, Department, and local law enforcement. Specifically, it shall evidence compliance with all items in Sections 1300.455, 1300.480 and 1300.485;

B) Measure 2 (40 points): The applicant demonstrates that its plan for record keeping, tracking and monitoring inventory, quality control and security, and other policies and procedures will discourage unlawful activity. It also describes the applicant's plan to dispose of unused or surplus cannabis and cannabis-infused products in cooperating with ISP and the Department;

C) Measure 3 (40 points): The applicant's security plan shall describe:

i) the enclosed, locked facility that will be used to secure or store cannabis, cannabis-infused products;

ii) its security measures, including when the location is closed for business; and

iii) the steps taken to ensure that cannabis and cannabis-infused products are not visible to the public;

D) Measure 4 (25 points): The applicant's plan to apply for a Transporter License or plan to work with a licensed transporter and the applicant's procedures for safely and securely delivering cannabis-infused products to cannabis business establishments.

4. Infusing Plan (75 points):

A) Measure 1 (25 points): The applicant shall describe its plan to provide a steady, uninterrupted supply of cannabis-infused products to registered dispensaries;

B) Measure 2 (25 points): The applicant demonstrates knowledge of infusion methods to be used in the production of cannabis-infused products;

C) Measure 3 (25 points): The applicant demonstrates the steps that will be taken to ensure the quality, including the purity and consistency, of the cannabis-infused products to be provided to dispensaries.

5. Product Safety and Labeling Plan (95 points):

A) Measure 1 (35 points): The applicant shall describe its plan for providing safe and accurate packaging and labeling of cannabis-infused products;

B) Measure 2 (35 points): The applicant shall describe its plan for testing and ensuring that all cannabis-infused products are free of contaminants, including but not limited to pesticides, microbiological contaminants, and residual solvent;

C) Measure 3 (25 points): The applicant shall describe its plan for establishing a recall of the applicant's cannabis-infused products in the event that they are shown by testing or other means to be, or potentially to be, defective or have a reasonable probability that their use or exposure to these products will cause serious adverse health consequences. At a minimum, the plan should include the method of identification of the products involved; notification to the dispensary organization or others to whom the product was sold or otherwise distributed; and how the products will be disposed of if returned to or retrieved by the applicant.

6. Applicant's Business Plan and Services to be Offered (110 points):

A) Measure 1 (40 points): The applicant shall provide a business plan that describes how the infuser plans to operate on a long-term basis. This shall include the applicant providing a detailed description about the amount and source of the equity and debt commitment for the proposed infuser that demonstrates the immediate and long-term financial feasibility of the proposed financing plan, the relative availability of funds for capital and operating needs, and the financial capability to undertake the project;

B) Measure 2 (40 points): The applicant or its officers, board members, or incorporators demonstrates experience in business management and/or having industry, laboratory, agricultural or horticultural experience and the extent of their involvement in or ability to influence the day-to-day operations of the facility;

C) Measure 3 (30 points): The business plan demonstrates a start-up timetable that provides an estimated time from license approval of the infuser to full operation, and the assumptions used for the basis of those estimates.

7. Applicant's Status as a Social Equity Applicant (200 points).

8. Applicant's Labor and Employment Practices (20 points). Provide a safe, healthy and economically beneficial working environment for its employees, including, but not limited to, its plans regarding workplace safety and environmental standards, codes of conduct, healthcare benefits, educational benefits, retirement benefits, living wage standards, and entering a labor peace agreement with employees.

9. Applicant's Environmental Plan (20 points):

A) Measure 1 (10 points): The applicant's ability to demonstrate an environmental plan of action to minimize the carbon footprint, environmental impact, and resource needs for the production of cannabis-infused products;

B) Measure 2 (10 points): The applicant's ability to describe any plans for the use of alternative energy, the treatment of waste water and runoff, and scrubbing or treatment of exchanged air;

10. The applicant is 51% or more owned and controlled by an individual or individuals who have been Illinois residents for the past 5 years as proved by tax records and other documentary evidence as permitted by the Act (90 points);

11. The applicant is 51% or more controlled and owned by an individual or individuals who meet the qualifications of a veteran as defined in Section 45-57 of the Illinois Procurement Code (20 points);

12. Applicant's Diversity Plan (100 points): A narrative of not more than 2,500 words that establishes a goal of diversity in ownership, management, employment, and contracting to ensure that diverse participants and groups are afforded equality of opportunity.

b) The Department may award up to 2 bonus points when an applicant makes a commitment to engage with the community. Applicants are not required to complete the bonus point category. Bonus points will only be awarded if the Department receives applications that receive an equal score. An applicant that desires to make a commitment to engage with the community may choose one of the following options:

1. Community Benefits Plan: The applicant commits to the establishment of an incubator program designed to increase participation in the cannabis industry by persons who would qualify as Social Equity Applicants;

2. Substance Abuse Prevention Plan: The applicant commits to providing financial assistance to substance abuse treatment centers;

3. Local Community/Neighborhood Report: The applicant commits to educating children and teens about the potential harms of cannabis use.

c) Should the applicant be awarded a license, the information and plan that an applicant provided in its application becomes a mandatory condition of the license. If a licensee fails to comply with standard and special conditions of the license, the Department may assess a penalty or seek suspension or revocation of the license pursuant to Subpart G (Enforcement and Immunities).

d) In the event that 2 or more qualified applicants for an Infuser License receive the same total score, the Department will distribute the remaining available licenses by lot.

1. The drawing by lot for all remaining available licenses will occur on the same day; and

2. The process for distributing remaining available licenses will be recorded by the Department in a format of its discretion.

e) The Department may verify information contained in each application and accompanying documentation to assess the applicant's character and fitness to operate an infuser. Notwithstanding an applicant satisfying the foregoing selection criteria, the Department may, in its discretion, refuse to issue a license if it is not satisfied that an applicant, or any one required to be identified in the application, or identified pursuant to Sections 1300.400, 1300.405 and 1300.445, is a person of good character, honesty and integrity, and is not:

1. A person who creates or enhances the dangers of unlawful practices, methods and activities in the cannabis industry, including, but not limited to, product diversion;

2. A person who presents questionable business practices and financial arrangements incidental to the cannabis industry; or

3. A person who has had a cannabis dispensary or cultivation center license revoked, suspended or sanctioned in any other jurisdiction.

8 Ill. Adm. Code 1300.410 License Denial and Prohibitions

a) An application for an Infuser License must be denied if any of the following conditions are met:

1. The applicant failed to submit the materials required by this Part;

2. The applicant would not be in compliance with local zoning rules issued in accordance with the Act;

3. One or more of the prospective principal officers or board members has violated the Act or this Part;

4. One or more of the prospective principal officers or board members has served as a principal officer or board member for a registered dispensing organization or infuser that has had its registration revoked or suspended;

5. One or more of the principal officers or board members is under 21 years of age;

6. A principal officer or board member of the infuser has failed a background check under Section 5-20 of the Act;

7. The person has submitted an application for license that contains false information;

8. If the licensee, principal officer, board member, person having a financial or voting interest of 5% or greater in the licensee, or an agent of these entities is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois; [410 ILCS 705/35-20]

9. The infuser is located in an area zoned for residential use.

b) The Department may suspend or revoke an Infuser License for violations of the Act and/or this Part.

c) No infuser license issued by the Department shall be issued to a person who is licensed by any licensing authority as an infuser, or to any partnership, corporation, limited liability company, or trust or any subsidiary, affiliate, or any other form of business enterprise having more than 10% legal, equitable, or beneficial interest, directly or indirectly, in a person licensed in this State as an infuser, or to any principal officer, agent, employee, or human being with any form of ownership or control over an infuser except for a person who owns no more than 5% of the outstanding shares of an infuser whose shares are publicly traded on an exchange within the meaning of the Securities Exchange Act of 1934.

8 Ill. Adm. Code 1300.415 License Award, Issuance and Transferability

a) The top-scoring applicants as determined by Section 1300.407, that receive at least 75% of available points, will be issued Infuser Licenses by the Department.

b) An Infuser License shall be issued for the specific location identified on the application, and is valid only for the owner, premises and name designated on the license and the location for which it is issued.

c) Should the applicant be awarded an Infuser License, it shall pay a fee of $5,000 prior to receiving the license. [410 ILCS 705/35-15(d)]

d) An Infuser License shall not be transferable, in whole or in part, without Department approval, with the following exceptions:

1. An Infuser License may be reissued, without charge, solely in the name of the surviving spouse or domestic partner of a deceased licensee if the license was issued in the names of both of the parties;

2. An Infuser License may be transferred, without charge, to an heir of a deceased licensee other than as provided in subsection (b)(1), as determined by the Probate Act of 1975. For the purpose of considering the qualifications of the heir to receive an Infuser License, the Department will require a criminal background check and the heir will be subject to all other requirements of the Act and this Part.

e) In the event that the Department approves a new location as meeting all requirements of the Act and this Part, the infuser 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.

1. The transition period shall not begin until the new location is ready to begin production.

2. An infuser may not be located in an area zoned for residential use. [410 ILCS 705/35-25(i)]

3. No product may be transferred to or processed at the new location prior to the beginning date of this approved transition period.

4. Any product remaining at the original location past the transition period shall be destroyed in accordance with the provisions of Subpart I (Destruction of Cannabis).

5. The infuser 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.

6. Upon inspection and verification by the Department that the new location is in compliance with the Act and this Part, the Department will issue a license modification reflecting the new location. The modified license shall have the same expiration date as the previously issued license.

f) The proposed sale of any outstanding or issued stock of a corporation licensed under the Act, or any proposed change in the officers or board members of the corporation, must be reported to the Department, and Department approval must be obtained before the changes are made. A fee of $1,000 will be charged for the processing of the change of stock ownership or corporate officers or board members.

g) The proposed change of any person or principal officer of any licensee must be reported to the Department and Department approval must be obtained before the changes are made.

h) An Infuser License shall not be leased or subcontracted, in whole or in part.

i) An Infuser License is issued upon the following condition: An infuser may not either directly or indirectly discriminate in price between different cannabis business establishments that are purchasing a like grade, strain, brand, and quality of cannabis or cannabis-infused product. Nothing in this subsection (i) prevents an infuser from pricing cannabis differently based on differences in the cost of manufacturing or processing, the quantities sold, such volume discounts, or the way the products are delivered. [410 ILCS 705/35-25(e)]

j) An Infuser License is issued upon the following condition: An infuser may share premises with a craft grower or a dispensing organization, or both, provided each licensee stores currency and cannabis or cannabis-infused products in a separate secured vault to which the other licensee does not have access or all licensees sharing a vault share more than 50% of the same ownership. [410 ILCS 705/35-25(l)]

k) An Infuser License is issued upon the following condition: It is unlawful for any person or entity having an Infuser License or any officer, associate, member, representative or agent of such licensee to offer or deliver money, or anything else of value, directly or indirectly to any person having an Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act, or to any person connected with or in any way representing, or to any member of the family of, such person holding an Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act, or to any stockholders in any corporation engaged in the retail sales of cannabis, or to any officer, manager, agent, or representative of the Early Approval Adult Use Dispensing Organization License, a Conditional Adult Use Dispensing Organization License, an Adult Use Dispensing Organization License, or a medical cannabis dispensing organization license issued under the Compassionate Use of Medical Cannabis Program Act to obtain preferential placement within the dispensing organization, including, without limitation, on shelves and in display cases where purchasers can view products, or on the dispensing organization's website. [410 ILCS 705/35-25(m)]

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

8 Ill. Adm. Code 1300.420 License Renewal

a) Every Infuser License shall expire annually on the date it was issued.

b) Every renewal application for a license issued pursuant to this Part and accompanied by the proper fees shall be filed annually with the Department at least 45 calendar days prior to the date the existing license expires.

c) The Department will send written notification of expiration to each licensed infuser at least 90 days prior to expiration. However, failure to receive a renewal form from the Department will not excuse the infuser from paying the renewal fee or renewing the license prior to its expiration.

d) The Department will grant a renewal application within 45 days of submission of a renewal application if:

1. The registered infuser submits a renewal application and the required renewal fee of $20,000;

2. The Department has not suspended the license of the infuser or suspended or revoked the registration for violation of the Act or this Part;

3. The infuser has continued to operate in accordance with all plans submitted as part of its application and approved by the Department or any amendments thereto that have been approved by the Department;

4. The infuser has submitted an agent, employee, contracting, and subcontracting diversity report to the Cannabis Regulation Oversight Officer as required by the Department; and

5. The infuser has submitted an environmental impact report as required by the Act. [410 ILCS 705/35-40(a)]

e) If an infuser fails to renew its license before expiration, it shall cease operations until its license is renewed. [410 ILCS 705/35-40(b)]

f) Upon request for renewal, the Department will consider the licensee's history of compliance with requirements of the Act and this Part, the number and severity of any violations and the correction of those violations, as well as penalties or fines imposed or any other enforcement actions.

g) The Department may deny a renewal after consideration of the licensee's history of compliance.

h) The Department shall not assess the renewal fee in subsection (d) for the two annual license renewal periods that begin after May 1, 2026. The renewal fee in subsection (d) shall be imposed on the infuser's third annual renewal application submitted after May 1, 2026.

i) If an infuser license is relinquished or revoked, any past due fees, including renewal periods in which a partial payment was made, shall not be owed to the Department.

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

8 Ill. Adm. Code 1300.430 Modifications and Alterations

a) Before making any modification to a licensed facility, the infuser must complete an Application for Modification and submit the application with the appropriate schedules to the Department. The fee for an applicant to make modifications to an infuser shall be $1,000.

b) Before making any alteration to a licensed facility, the infuser must complete an application for alteration. The fee for an application to reflect an alteration of the infuser's facility shall be $125.

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1300 Cannabis Regulation and Tax Act

8 Ill. Adm. Code 1300.445 Background Check

a) ISP shall act as the Department's agent for purposes of receiving electronic fingerprints and conducting background checks of each infuser agent applying for an infuser agent identification card (ID card).

1. ISP will conduct background checks for conviction information contained within ISP and FBI criminal history databases to the extent allowed by law.

2. For verification of any statutorily imposed duty to conduct background checks pursuant to the Act, ISP will transmit the results of the background check to the Department and that transmittal shall conclude the verification process.

3. The electronic background checks shall be submitted as outlined in either the Illinois Uniform Conviction Information Act or 20 Ill. Adm. Code 1265.30 (Electronic Transmission of Fingerprint Requirements).

A) Manual fingerprints will not be accepted and shall not be scanned and converted into an electronic format.

B) Fingerprint images of the individual being fingerprinted, and related alphanumeric identification data submitted to ISP for the purpose of this fingerprint-based background check, shall be submitted electronically.

C) Electronic transmission of fingerprint data to ISP shall be accomplished utilizing livescan procedures or other comparable technology approved for use by ISP.

D) If the fingerprints are rejected by ISP, the craft grower agent shall have his or her fingerprints collected electronically by a livescan fingerprint vendor a second time.

E) In the event of equipment malfunction or other special circumstance that makes electronic transmission of fingerprint data impractical, ISP may allow limited use of paper fingerprint records.

b) Each infuser agent applying for an infuser agent ID card shall have his or her fingerprints collected electronically by a livescan fingerprint vendor licensed by DFPR and transmitted to ISP for processing no more than 30 days prior to the date of application or renewal for a craft grower agent ID card.

1. The infuser agent shall submit to the Department, with the infuser agent ID card application or renewal, a copy of the livescan request form and the receipt provided by the livescan fingerprint vendor containing the Transaction Control Number (TCN) as proof that his or her fingerprints have been collected.

2. Infuser ID card applications submitted without a copy of the livescan request form and receipt will be deemed incomplete and will not be processed until fingerprinting is completed. The fingerprinting process is not completed until the Department receives the results from ISP.

3. Any fees associated with the livescan fingerprint-based criminal history records check shall be the responsibility of the individual seeking a infuser agent ID card and shall be collected by the livescan vendor at the time of fingerprinting and transmitted to ISP for deposit in the ISP Services Fund. A convenience fee may be charged by the livescan vendor as provided in Section 31-5 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

d) The Department will obtain from ISP a State and federal criminal records check, to the extent allowed by law, containing conviction information for each infuser agent applying for an infuser agent ID card.

e) The Department will maintain the results of the criminal history records check in compliance with the State Records Act.

f) Should the Department not be able to obtain from ISP the required State and/or federal criminal records check required by the Act and this Section, the Department will contract as appropriate with a private detective/investigating agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 and in good standing with DFPR, for the purpose of conducting those records checks.

8 Ill. Adm. Code 1300.450 Specifications

a) Infusers shall:

1. Not be located closer than 1,500 feet to another infuser or a cultivation center;

2. Not be in violation of any other local zoning requirements.

b) The infuser shall provide engineering plans and specifications of the entire infuser. The plans and specifications shall include:

1. A detailed plan and elevation drawings of all operational areas involved with the production of infused products. This should include dimensions and elevation referenced to a single facility benchmark;

2. Cross-sections that show the construction details and their dimensions to provide verification of construction materials, enhancement for security measures and bio-security measures;

3. Identification of all employee areas that are non-production areas;

4. The location of all storage areas, ventilation systems, and equipment used for the production of infused products;

5. The location of all entrances and exits to the infuser;

6. The location of any windows, skylights and roof hatches;

7. The location of all cameras and their field of view;

8. The location of all alarm inputs (door contacts, motion detectors, duress/hold up devices) and alarm sirens;

9. The location of the digital video recorder and alarm control panel;

10. The location of all restricted and public areas;

11. The location where all plant inputs and application equipment are stored;

12. The location of areas designated specifically for the production of cannabis-infused products; and

13. The location of the enclosed, secure area or loading/unloading dock out of public sight for the loading/unloading of cannabis and cannabis-infused products in the transport motor vehicle.

8 Ill. Adm. Code 1300.455 Records

a) Each infuser shall keep and maintain upon the licensed premises for a 5-year period true, complete, legible and current books and records, including the following:

1. The date of each sale or distribution to a cannabis organization;

2. The name, address and registration number of the cannabis organization;

3. The item number, product name (description), and quantity of cannabis-infused products registered by the Department and sold or otherwise distributed to the cannabis organization;

4. The price charged and the amount received for the cannabis-infused products from the cannabis organization;

5. If the distribution was for a purpose other than sale, the reason for the distribution;

6. The quantity and form of cannabis and cannabis-infused products maintained at the infuser on a daily basis; and

7. The amount of cannabis-infused products being produced at the infuser on a daily basis.

b) Each infuser is responsible for keeping and maintaining records that clearly reflect all financial transactions and the financial condition of the business. The following records must be kept and maintained on the licensed premises for a 5-year period and must be made available for inspection if requested by the Department, and, when applicable, DOR:

1. Purchase invoices, bills of lading, manifests, sales records, copies of bills of sale and any supporting documents, including the items and/or services purchased, from whom the items were purchased, and the date of purchase;

2. If applicable, bank statements and canceled checks for all accounts relating to the infuser;

3. Accounting and tax records related to the infuser;

4. Records of all financial transactions related to the infuser, including contracts and/or agreements for services performed or received that relate to the infuser;

5. All employee records, including training, education, discipline, etc.;

6. Production records, including:

A) Products purchased or used in the production process, destruction of cannabis, or cannabis-infused products, and packaging and labeling; and

B) Disposal of cannabis, cannabis-infused products and waste materials associated with production;

7. Records of each batch of extracts or cannabis-infused products made, including, at a minimum, the usable cannabis or trim, leaves, and other plant matter used (including the total weight of the base product used), any solvents or other compounds utilized, and the product type and the total weight of the end product produced, such as hash oil, shatter, tincture, infused dairy butter, etc.;

8. Transportation records;

9. Inventory records as described in Section 1300.480;

10. Records of all samples sent to an independent testing lab and/or the Department's lab and the quality assurance test results;

11. All samples provided to anyone or any entity for any purpose; and

12. Records of any theft, loss or other unaccountability of any cannabis, extracts, cannabis-infused products, or other items containing cannabis.

8 Ill. Adm. Code 1300.460 Signage

a) Each licensed infuser must post a sign in a conspicuous location at each entrance of the facility that reads: "PERSONS UNDER 21 YEARS OF AGE NOT PERMITTED ON THESE PREMISES".

b) Each licensed infuser must post a sign in a conspicuous location at each entrance of the facility that reads: "THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE".

8 Ill. Adm. Code 1300.465 Agents and Identification Cards

a) The infuser agent application shall be submitted on forms provided by the Department in accordance with the Act and this Part. The application will include instructions for its completion and submission. The application will include requests for information in support of the application needed by the Department in making its determination. If all materials, documentation and information required by the Act and this Part are not submitted, the application will be returned to the applicant.

b) Each principal officer, board member, employee or agent of a registered infuser must apply to the Department for an infuser agent ID card. Along with the application, the applicant shall submit:

1. A copy of the applicant's social security card;

2. A copy of the applicant's valid driver's license or State issued ID card;

3. A document verifying the applicant's place of residency (e.g., bank statement, cancelled check, or insurance policy). The document must contain the applicant's full residence address;

4. Verification from ISP that the applicant's background check has been conducted;

5. The application fee of $100; and

6. Any additional information requested by the Department.

c) Upon receipt and verification of the information specified in subsection (b), the Department will:

1. Approve or deny the application within 30 days after receipt;

2. Issue each infuser agent an ID card, within 15 business days after approval, that shall expire one year after the date of issuance; and

3. Enter in its record system the registry identification number of the infuser where the agent works.

d) No person shall begin working at an infuser prior to receiving his or her infuser agent ID card.

e) The infuser ID card shall contain the following:

1. The name of the cardholder;

2. The date of issuance and expiration;

3. A random 10-digit alphanumeric identification number with at least 4 numbers and 4 letters that are unique to the holder;

4. A photograph of the cardholder; and

5. The legal name of the infuser employing the agent.

f) Renewal

1. The infuser agent ID card shall be renewed annually. The fee for renewal shall be $100. The Department will send electronic notice 90 days prior to expiration.

2. If an infuser agent fails to renew his or her ID card before its expiration, he or she shall cease to work as an agent of the infuser until the ID card is renewed.

3. Upon request for renewal, the Department will consider the applicant's history of compliance with requirements of the Act and this Part, the number and severity of any violations and the correction of those violations, as well as penalties or fines imposed or any other enforcement actions.

4. The Department may deny a renewal after consideration of the applicant's history of compliance.

5. The Department will not renew an infuser agent ID card if the holder is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois. [410 ILCS 705/35-40(e)]

g) A registered infuser agent is not subject to prosecution, search, or penalty in any manner, and will not be denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business licensing board or entity, for working or volunteering for a registered cannabis infuser to perform the actions permitted by this Part.

h) An infuser agent must keep his or her ID card visible at all times when on the property of the infuser.

i) Upon termination of employment, the infuser agent ID cards shall be immediately returned to the infuser. The infuser shall promptly return the ID cards to the Department.

j) Any infuser agent ID card that is lost, destroyed or stolen shall be reported to ISP and the Department immediately upon discovery of the loss, destruction or theft. The fee for the issuance of a replacement ID shall be $50.

8 Ill. Adm. Code 1300.470 Operations – General Requirements

a) Each facility shall develop and maintain an Operations and Management Practices Plan for each production area.

b) Each production area shall be maintained free of debris.

c) All persons working in direct contact with cannabis or cannabis-infused products shall conform to hygienic practices while on duty, including but not limited to the following:

1. Litter and waste shall be properly removed and the operating systems for waste disposal shall be maintained in an adequate manner so that they do not constitute a source of contamination in areas where cannabis or cannabis-infused products are exposed;

2. Floors, walls and ceilings shall be constructed in a manner that they may be adequately kept clean and in good repair;

3. There shall be adequate lighting in all areas where cannabis and cannabis-infused products are stored and where equipment or utensils are cleaned;

4. Rubbish shall be disposed of to minimize the development of odor and minimize the potential for the waste becoming an attractant, harborage or breeding place for pests;

5. Any buildings, fixtures and other facilities shall be maintained in a sanitary condition;

6. Toxic cleaning compounds, sanitizing agents, and solvents used in the production of cannabis concentrates shall be identified, held and stored in a manner that protects against contamination of cannabis, and in a manner that is in accordance with any applicable local, State or federal law, rule, regulation or ordinance;

7. Only sanitizing agents registered with the Department pursuant to the Illinois Pesticide Act shall be used by infusers, and they shall be used in accordance with labeled instructions;

8. All operations in the receiving, inspecting, transporting, segregating, preparing, production, packaging and storing of cannabis or cannabis-infused product shall be conducted in accordance with adequate sanitation principles.

d) Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion (e.g., boils, sores or infected wounds), or any other abnormal source of microbial contamination for whom there is a reasonable possibility of contact with cannabis shall be excluded from any operations that may be expected to result in microbial contamination until the condition is corrected.

e) Each infuser shall provide its employees with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and good repair.

f) All operations in the receiving, inspecting, transporting, segregating, preparing, producing, packaging and storing of cannabis and cannabis-infused products shall be conducted in accordance with adequate sanitation principles.

g) Infusers shall utilize the cannabis plant monitoring system as required under Subpart K of this Part.

h) An infuser may not sell or distribute any cannabis to any person other than a dispensing organization, cultivation center, craft grower or infuser.

i) At no time shall an infuser organization or an infuser agent perform the extraction of cannabis concentrate from cannabis flower. [410 ILCS 705/35-25]

j) An infuser may obtain cannabis concentrate from a cultivation center or craft grower to produce cannabis infused products and vape products.

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1300 Cannabis Regulation and Tax Act

8 Ill. Adm. Code 1300.475 Operations – Infused Products

a) Any area within the infuser where cannabis or cannabis-infused products will be manufactured into an edible form shall comply with the Illinois Food, Drug and Cosmetic Act, Sanitary Food Preparation Act, and Food Handling Regulation Enforcement Act.

1. No cannabis-infused products requiring refrigeration or hot-holding or considered potentially hazardous food meeting the definition under Section 4 of the Food Handling Regulation Enforcement Act shall be manufactured at an infuser for sale or distribution at a dispensing organization.

2. Cannabis-infused products for sale or distribution at a dispensing organization must be prepared by an approved staff member of the infuser.

b) DPH may at all times enter every building, room, basement, enclosure, or premises occupied or used, or suspected of being occupied or used, for the production, preparation, manufacture for sale, storage, sale, distribution or transportation of cannabis-infused products, to inspect the premises and all utensils, fixtures, furniture, and machinery used for the preparation of these products.

c) If a local health department has a reasonable belief that an infuser's cannabis-infused product poses a public health hazard, it may refer the infuser to DPH for inspection.

d) The licensee must request DPH to conduct a pre-operational inspection to determine whether the facilities, methods, practices and controls used in the manufacture, processing or holding of cannabis-infused products conform to, or are operated or administered in conformity with, good manufacturing practices to ensure that food products for human consumption are safe and have been prepared, packed and held under sanitary conditions.

e) Licensed infusers shall immediately allow DPH to inspect the premises and all utensils, fixtures, furniture, machinery and devices used for preparing manufactured cannabis-infused products.

f) DPH will conduct inspections of registered infusers with regard to the manufacture and preparation of cannabis-infused products under the authority of the Illinois Food, Drug and Cosmetic Act, the Food Handling Regulation Enforcement Act and the Food Service Sanitation Code and in accordance with DPH's Cannabis-Infused Products rules.

g) An infuser that prepares cannabis-infused products for distribution to a cannabis organization shall be under the operational supervision of a certified food service sanitation manager. Management responsibilities and supervision shall be in accordance with 77 Ill. Adm. Code 730.8000 and 730.8040 (Manufacturing, Processing, Packing or Holding of Food Code).

h) Cultivation centers are strictly prohibited from using, adding or incorporating vitamin E in any form, including, but not limited to, vitamin E acetate (also known as VEA, tocopheryl-acetate, and vitamin E oil) to cannabis, cannabis concentrate, cannabis products, or cannabis-infused products.

8 Ill. Adm. Code 1300.480 Inventory

a) Each infuser, prior to commencing business, shall:

1. Conduct an initial comprehensive inventory of all cannabis and cannabis-infused products at the facility. If an infuser commences business with no cannabis or cannabis-infused products on hand, the infuser shall record this fact as the initial inventory; and

2. Establish ongoing inventory controls and procedures for the conduct of inventory reviews and comprehensive inventories of cannabis and cannabis-infused products, which shall enable the infuser to detect any diversion, theft or loss in a timely manner.

b) Upon commencing business, each infuser shall conduct a weekly inventory of cannabis and cannabis-infused products stock, which shall include, at a minimum:

1. The date of the inventory;

2. A summary of the inventory findings;

3. The name, signature and title of the individuals who conducted the inventory and the agent-in-charge who oversaw the inventory; and

4. The product name and quantity of cannabis and cannabis-infused products at the facility.

c) The record of all cannabis and cannabis-infused products sold or otherwise disposed of shall show:

1. The date of sale;

2. The name of the dispensary facility to which the cannabis and cannabis-infused products were sold;

3. The batch number, product name and quantity of cannabis and cannabis-infused products sold; and

4. If applicable, the date, quantity, manner in which, and reason why any cannabis and cannabis-infused products were destroyed.

d) A complete and accurate record of all cannabis and cannabis-infused products on hand shall be prepared annually on the anniversary of the initial inventory, or other date that the infuser agent-in-charge may choose, so long as it is not more than one year following the prior year's inventory.

e) All inventories, procedures and other documents required by this Section shall be maintained on the premises and made available to the Department at all times.

f) Whenever any sample or record is removed by a person authorized to enforce this Part, that person shall tender a receipt in lieu of the sample or record. The receipt shall be kept for 5 years.

8 Ill. Adm. Code 1300.485 Security

a) An infuser shall be required to operate and maintain in good working order a 24 hour, 7 days a week, closed-circuit television (CCTV) surveillance system on the premises that complies with the following minimum standards:

1. Visually records and monitors all building entrances and exits, all parking lot areas, and rear alley areas immediately adjacent to the building, and covers the entire inside of the facility, including all limited access areas and all areas where cannabis is produced, stored, shipped or destroyed, but does not include restrooms nor the executive office. Fixed cameras shall be installed to provide a consistent recorded image of these areas. The infuser shall instruct the company or individuals installing the surveillance cameras to maximize the quality of facial and body images and to avoid backlighting and physical obstructions.

A) The infuser shall use cameras that capture a continuous recorded image for the following areas:

i) All building entrances and exits, including overhead garage doors and other points of ingress/egress.

ii) All finished product storage areas, including vaults and other areas where packaged inventory is stored.

iii) All information technology (IT) areas, including other areas on the premises where security footage is stored.

B) Motion activated cameras may be utilized in all other areas of the facility in which cameras are required;

2. Cameras installed outdoors and in low-light interior areas shall be day/night cameras with a minimum resolution of 600 lines per inch (analog) or D1 (IP) and a minimum light factor requirement of 0.7 LUX. The installation of additional lighting may be required to increase picture clarity and brightness. Cameras shall be calibrated and focused to maximize the quality of the recorded image;

3. The recording device shall be digital and meet the following minimum standards:

A) Displays a date and time stamp on all recorded video;

B) Can produce a digital video disc using an installed media recording drive. The video on the disc shall be viewable on any Windows PC. The disk shall include any required player software;

C) The ability to remain operational during a power outage for an unlimited amount of time;

D) Allow for the exporting of still images in an industry standard image format, including .jpg, .bmp and .gif. Exported video shall have the ability to be archived in a proprietary format that ensures authentication of the video and guarantees that no alteration of the recorded image has taken place. Exported video shall also have the ability to be saved in an industry standard file format that can be played on a standard computer operating system. All recordings shall be erased or destroyed prior to disposal;

4. A display monitor with a minimum screen size of 12 inches shall be connected to the electronic recording security system at all times;

5. Electronic recording security systems are required to be maintained in good working order at all times. The owner of an infuser shall instruct each manager, employee or agent overseeing the functioning of the video recording security system to immediately report to the agent-in-charge any malfunctioning or technical problems with the system;

6. Security recordings shall meet the following minimum requirements:

A) The recorded image resolution shall be at least D1; and

B) The recorded image frame rate shall be at least 3 frames per second during alarm or motion-based recording;

7. Security recordings shall be retained by the infuser for a minimum of 90 days either at the licensed premises or via off site storage that can be digitally accessed at any time. The recording system for the security cameras must be located in a locked, tamper-proof compartment;

8. Have available a video printer capable of immediately producing a clear still photo from any video camera image; and

9. Upon request, the recording or any photo shall be turned over to ISP or the Department.

b) Access to surveillance areas shall be limited to persons who are essential to surveillance operations, law enforcement agencies, security system service personnel, the Department, and others when approved by the Department. A current list of authorized employees and service personnel that have access to the surveillance room must be available to the Department upon request. Surveillance rooms shall remain locked.

c) The electronic security system shall be available 24 hours per day, 7 days per week, to the Department and law enforcement agencies via a secure web-based portal with forward and backward playback capability.

d) No person, except infuser agents, local law enforcement, the Department or the Department's authorized representative, DPH inspectors, or other federal, State or local government officials when necessary to perform their governmental duties, shall be allowed on the premises of a infuser, except that:

1. Laboratory staff may enter an infuser for the sole purpose of identifying and collecting cannabis samples for purposes of conducting laboratory tests;

2. Emergency personnel may enter an infuser when necessary to perform their duties;

3. Upon written notice to the Department, an infuser may allow contractors to enter an infuser when they are working on a job unrelated to cannabis, such as installing or maintaining security devices or performing electrical wiring; and

4. Upon prior written request, the Department or the Department's authorized representative may permit other persons to enter an infuser.

e) All persons who are not infuser agents, but who are permitted on the premises of a infuser pursuant to subsection (b), shall obtain a visitor identification badge from infuser personnel prior to entering the infuser, and shall be escorted and monitored at all times by infuser personnel. The visitor identification badge shall be visibly displayed at all times while the visitor is in the infuser. All visitors, after presenting valid government issued identification with a picture, shall be logged in and out, and that log shall include the date, time and purpose of the visit and shall be maintained and made available to the Department, at any time, for a period of five years. All visitor identification badges shall be returned to the infuser personnel upon the visitor exiting the infuser.

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

8 Ill. Adm. Code 1300.495 Transportation

a) An infuser or infuser agent shall not transport cannabis or cannabis-infused products to any other cannabis business establishment without a transport organization license unless it has received from the Department a registration certificate for each vehicle authorized to transport cannabis.

b) To obtain a registration certificate, an infuser must notify the Department in writing of its desire to transport cannabis without a Transporter License. The notice must include the information referenced in 8 Ill Adm. Code 1300.510(d)(11) and (15). Upon receiving sufficient information, the Department will send the infuser a written or electronic notice requesting the information referenced in 8 Ill. Adm. Code 1300.540(h). Upon receiving sufficient information, the Department will issue the infuser a registration certificate for each vehicle authorized to engage in cannabis transportation activities as prescribed by 8 Ill. Adm. Code 1300.540(h).

c) Infusers authorized by the Department to transport cannabis without a Transporter License must comply with the following requirements:

1. The operational requirements of 8 Ill. Adm. Code 1300.595; and

2. The transportation distance restrictions of the Act:

A) If the infuser is located in a county with a population of 3,000,000 or more, the cannabis business establishment receiving the cannabis or cannabis-infused product is within 2,000 feet of the property line of the infuser;

B) If the infuser is located in a county with a population of more than 700,000 but fewer than 3,000,000, the cannabis business establishment receiving the cannabis or cannabis-infused product is within 2 miles of the infuser; or

C) If the infuser is located in a county with a population of fewer than 700,000, the cannabis business establishment receiving the cannabis or cannabis-infused product is within 15 miles of the infuser. [410 ILCS 705/35-25(j)]

d) An infuser may enter into a contract with a transporter to transport cannabis.

e) Transporter Licenses are granted in accordance with Subpart F (Transporters).

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1300 Cannabis Regulation and Tax Act

8 Ill. Adm. Code 1300.500 License Requirements

a) A Transporter License shall be obtained for each transporter prior to the commencement of any transportation activities.

b) Beginning July 1, 2020, a cultivation center shall not transport cannabis to a craft grower, dispensing organization, infuser, or laboratory licensed under the Act, unless it has obtained a Transporter License [410 ILCS 705/20-30(m)].

c) A transporter may not transport cannabis or cannabis-infused products to any person other than a cultivation center, a craft grower, an infuser, a dispensing organization, a testing facility, or as otherwise authorized by rule [410 ILCS 705/40-25(b)].

8 Ill. Adm. Code 1300.510 License Application

a) The Department will make the Transporter License applications available beginning on the license application acceptance period listed in subsection (b). Applications shall be submitted electronically to the Department. A registration application must be submitted for each vehicle used for transportation purposes. An active registration must be in each vehicle placed into service for transportation purposes.

b) License Application Acceptance

1. License Application Acceptance Periods

A) February 14, 2020 through March 16, 2020 − Acceptance Period

The Department will accept applications for Transporter Licenses beginning on February 14, 2020. On March 16, 2020, the license application acceptance period will close and no further applications will be accepted by the Department.

B) February 15, 2021 and each year thereafter − Acceptance Period

The Department will accept applications for Transporter Licenses beginning on February 15, or, if that date falls on a weekend or holiday, the business day immediately succeeding the weekend or holiday. On March 15, or, if that date falls on a weekend or holiday, the business day immediately succeeding the weekend or holiday, the license application acceptance period will close and no further applications will be accepted by the Department until the next license application acceptance period.

2. An application will be considered submitted on the date in which it was received, if received on or before 5 p.m. Central Time. If received after 5 p.m. Central Time, the application will be considered received on the next business day.

3. Submissions received outside of the license application acceptance period, or by a means other than required in this subsection (b), shall be returned to the applicant.

4. Notification of the availability of applications, instructions for completion and submission of applications, and application forms 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.

c) The electronic license application shall be submitted on the forms provided by the Department. The forms will include instructions for their completion and submission. The application will reflect the information required of applicants by the Act and this Part and will include requests for information, plans, maps and other materials in support of the application needed by the Department to make its determination on the application. The instructions on the application will reflect the total maximum number of points that can be awarded for each required criteria, measure and category listed in Section 1300.520. The instructions and application will also identify the total minimum number of points necessary. All applications will be reviewed and points awarded based upon the same point system in a fair and unbiased manner. If all materials, documentations, fees and information required by the application form are not submitted, the application shall be returned to the applicant. Once submitted, the required fee will not be returned. Upon receipt of an application deemed to be complete, the Department will engage in no further communication with the applicant until after the selection process is completed.

d) An applicant applying for a Transporter License shall electronically provide the following:

1. The nonrefundable application fee of $5,000, unless the applicant is eligible for a fee waiver pursuant to Section 7-20 of the Act;

2. The legal name of the transporter;

3. The proposed physical address of the transporter;

4. The name, address, social security number, and date of birth of each principal officer and board member of the transporter; each principal officer and board member shall be at least 21 years of age;

5. The details of any administrative or judicial proceeding in which any of the principal officers or board members of the transporter:

A) Pled guilty, were convicted, fined, or had a registration or license suspended or revoked; or

B) Managed or served on the board of a business or non-profit organization that pled guilty, was convicted, fined, or had a registration or license suspended or revoked;

6. Proposed operating by-laws and plans that include procedures for the oversight of the transporter, including the development and implementation of an accurate recordkeeping plan, staffing plan, and security plan that are in accordance with the rules issued by the Department of Agriculture under the Act; a physical inventory shall be performed of all cannabis on a weekly basis by the transporter;

7. Verification from ISP that all background checks of the prospective principal officers, board members, and agents of the transporter have been conducted. If ISP has not completed the background check, then the applicant shall provide verification that the request has been submitted to ISP;

8. A copy of the current local zoning ordinance or permit and verification that the proposed transporter is in compliance with the local zoning rules and distance limitations established by the local jurisdiction, or a letter from the local zoning jurisdiction certifying compliance, if the transporter has a local business address;

9. Proposed employment practices in which the applicant must:

A) Demonstrate a plan of action to inform, hire, and educate minorities, women, veterans, and persons with disabilities;

B) Engage in fair labor practices; and

C) Provide worker protections;

10. A statement of whether the applicant can demonstrate experience in, or business practices that promote economic empowerment in, Disproportionately Impacted Areas;

11. The number and type (make, year, and model) of equipment the transporter will use to transport cannabis and cannabis-infused products;

12. A plan for loading, transporting, and unloading cannabis and cannabis-infused products;

13. A description of the applicant's experience in the distribution or security business (if applicable);

14. The identity of every person having a financial or voting interest of 5% or more in the transporter with respect to which the license is sought, whether a trust, corporation, partnership, limited liability company, or sole proprietorship, including the name and address of each person; and [410 ILCS 705/40-10(a)]

15. A description of the device that the transporter plans to use to provide GPS monitoring of equipment transporting cannabis containers, as required by Section 1300.595;

16. For a Social Equity Applicant:

A) If applicable, the Social Equity Applicant's status as an "Illinois resident" as evidenced by incorporation documents, or, if applying as an individual, at least 2 of the following:

i) a signed lease agreement that includes the applicant's name;

ii) a property deed that includes the applicant's name;

iii) school records;

iv) voter registration card;

v) an Illinois driver's license, ID card, or Person with a Disability ID card;

vi) a paycheck stub;

vii) a utility bill; or

viii) any other proof of residency or other information necessary to establish residence.

B) A person must have been domiciled in this State for a period of 30 days and shall provide evidence of one of the following:

i) The person or persons owning and controlling at least 51% of the proposed license have lived in a Disproportionately Impacted Area for 5 of the preceding 10 years as demonstrated by, but not limited to, tax filings, voter registrations, leases, mortgages, paycheck stubs, utility bills, insurance forms, or school records that include the qualifying principal officers' names on them;

ii) The person or persons owning and controlling at least 51% of the proposed license have been arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act. If the arrest, conviction, or adjudication has been sealed or expunged, the applicant shall provide records of that action;

iii) The person or persons owning and controlling at least 51% of the proposed license have had a parent, legal guardian, child or spouse, dependent, or was a dependent of an individual who, prior to June 25, 2019, was arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act. If the arrest, conviction or adjudication has been sealed or expunged, the applicant shall provide records of that action. The applicant must also provide evidence of the relationship between the applicant's principal officer or officers and the person who was arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act; or

iv) The applicant employs 10 or more full-time employees, and that 51% or more of those employees currently reside in a Disproportionately Impacted Area; have been arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under the Act; or are members of an "impacted family" as that term is defined in the Act. The applicant must provide evidence as described in this subsection (d)(16)(B)(iv) for each employee. The applicant shall also provide evidence the employees were engaging in full time work as of the date the application was submitted. If the employee information, or employment status of employees, changes before licenses are awarded, the applicant has a duty to notify the Department of the change in employee information or status.

e) Applicant shall disclose whether any principal officer and/or board member is more than 30 days delinquent in complying with a child support order [5 ILCS 100/10-65(c)].

f) The applicant shall sign a notarized statement certifying that the application is complete and accurate.

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1300 Cannabis Regulation and Tax Act

8 Ill. Adm. Code 1300.520 License Selection Criteria

a) The license selection criteria for the Transporter License shall include the following, with each criterion accounting for up to the indicated maximum number of the total points available for each criteria, for a total of 1000 points:

1. Business Plan (150 points):

A) Measure 1 (50 points): The applicant demonstrates that the proposed vehicles are suitable for the effective and safe transportation of cannabis containers.

B) Measure 2 (50 points): The applicant demonstrates the ability to meet consumer demand for transporting services in an effective and efficient manner.

C) Measure 3 (50 points): The applicant describes a business plan that will provide and ensure adequate staffing and experience, including employment plan that will lead to the hiring of minorities, women, veterans and persons with disabilities, and will engage in fair labor practices, and provide worker protections.

2. Suitability of Employee Training Plan (160 points):

A) Measure 1 (80 points): The applicant adequately describes a staffing plan that will ensure a staffing meets the experience and security of needs of operating a transporting organization.

B) Measure 2 (80 points): The applicant describes a training plan for employees including an employee handbook that will provide employees with a working guide for the day-to-day administration of personnel policies and practices; and training for security, recordkeeping, diversion prevention, and best practices to prevent sale of cannabis to minors.

3. Security and Recordkeeping Plan (180 points):

A) Measure 1 (90 points): The applicant's security plan demonstrates its ability to prevent the theft or diversion of cannabis and how the plan will assist with ISP, Department, and local law enforcement.

B) Measure 2 (90 points): The applicant demonstrates that its plan for record keeping, tracking and monitoring inventory, quality control and security, and other policies and procedures will discourage unlawful activity.

4. Applicant's Status as a Social Equity Applicant (200 points).

5. Labor and Employment Practices (20 points): Provide a safe, healthy and economically beneficial working environment for its employees, including, but not limited to, its plans regarding workplace safety and environmental standards, codes of conduct, healthcare benefits, educational benefits, retirement benefits, living wage standards, and entering a labor peace agreement with employees.

A) Measure 1 (10 points): The applicant's facilitation and commitment to a unionized workforce.

B) Measure 2 (10 points): The applicant's establishment of a minimum rate of pay that is 20% greater than the State's minimum wage.

6. Environmental Plan (20 points):

A) Measure 1 (10 points): The applicant's use of hybrid or electric (zero-emission) vehicles.

B) Measure 2 (10 points): The applicant's plan to minimize its carbon footprint, environmental impact, and resource needs for the transporter, including its plan to recycle cannabis product packaging.

7. Illinois Resident (90 points): Applicant is 51% or more owned and controlled by an individual or individuals who have been an Illinois resident for the past 5 years as provided by tax records and other documentary evidence as permitted by the Act.

8. Veteran Owned Business (90 points): Applicant is 51% or more owned and controlled by an individual or individuals who meet the qualifications of a veteran as defined by Section 45-57 of the Illinois Procurement Code.

9. Diversity Plan (90 points): Applicant submits a diversity plan that includes a narrative of not more than 2,500 words that establishes a goal of diversity in ownership, management, employment, and contracting to ensure that diverse participants and groups are afforded equality of opportunity.

b) Applicants that score at least 75% of available points and meet all other requirements of a Transporter License, shall be issued a license within 60 days after the Department receives the application.

c) Applicants that were registered as medical cannabis cultivation centers prior to January 1, 2020, and who meet all other requirements for a Transporter License, shall be issued a license by the Department within 60 days after the Department receives the application. [410 ILCS 705/40-15]

8 Ill. Adm. Code 1300.530 License Denial and Prohibitions

a) An application for a Transporter License shall be denied if any of the following conditions are met:

1. The applicant failed to submit the materials required by this Part;

2. The applicant would not be in compliance with local zoning rules or permit requirements;

3. One or more of the prospective principal officers or board members violates Section 1300.595;

4. One or more of the principal officers or board members is under 21 years of age;

5. The person has submitted an application for a Transporter License that contains false information;

6. The licensee, principal officer, board member, or person having a financial or voting interest of 5% or greater in the licensee is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois. [410 ILCS 705/40-20]

b) Nothing in this Part is intended to confer a property or other right, duty, privilege or interest entitling an applicant to an administrative hearing upon denial of an application.

8 Ill. Adm. Code 1300.540 License Issuance and Transferability

a) Information and Plans Provided in Application

Licenses are only issued for the plan as stated in the applicant's application. Should the applicant be awarded a Transporter License, the information and plans that an applicant provided in its application, shall be a mandatory condition of the permit. Any variation from or failure to perform those plans may result in discipline, including the revocation or nonrenewal of a license. [410 ILCS 705/20-20(c)]

b) License Fee

Upon the notice of intent to award, the applicant must pay a fee of $10,000 to receive the Transporter License. The fee may be prorated based on the date of the license award.

c) Transferability − Change of Business Location

A Transporter License shall be issued for the specific location identified on the application, and is valid only for the owner, premises and name designated on the license and the location for which it is issued.

1. A Transporter License 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 transporter shall have a transition period of no more than 90 days, approved by the Department, to transfer its equipment and begin operations at the new location.

A) The transition period shall not begin until the new location is in full compliance with the requirements of the Act and this Part.

B) The transporter may not transfer cannabis containers using the new location prior to the beginning date of this approved transition period.

3. Upon inspection and verification by the Department that the new location is in compliance with the Act and this Part, the Department will issue a license modification reflecting the new location. The modified license shall have the same expiration date as the previously issued license.

d) Transferability − Change in Ownership

A Transporter License shall be issued for the specific applicant identified in the application and shall not be transferable in whole or in part, with the following exceptions:

1. A Transporter License may be reissued, without charge, solely in the name of the surviving spouse or domestic partner of a deceased licensee if the license was issued in the names of both of the parties;

2. A Transporter License may be transferred, without charge, to an heir of a deceased licensee other than as provided in subsection (b)(1), as determined by the Probate Act of 1975. For the purpose of considering the qualifications of the heir to receive a Transporter License, the Department will require a criminal background check and the heir will be subject to all other requirements of the Act and this Part;

3. The proposed change of any person or principal officer of a transporter must be reported to the Department and Department approval must be obtained before the changes are made.

e) Transferability – Sale of Business

The proposed sale of any outstanding or issued stock of a corporation licensed under the Act, or any proposed change in the officers or board members of the corporation, must be reported to the Department and Department approval must be obtained before the changes are made. A fee of $500 will be charged for the processing of the change of stock ownership or corporate officers or board members.

f) Non-Transferability – No Lease or Sublease

A Transporter License shall not be leased or subcontracted, in whole or in part.

g) At the time of license issuance, the transporter shall have in place operating documents that shall include procedures for the oversight of the transporter, an inventory monitoring system including a physical inventory recorded weekly, accurate recording keeping, and a staffing plan. [410 ILCS 705/40-25(a)]

h) The transporter shall submit to the Department the license plate numbers, proof of insurance, and vehicle identification numbers for each vehicle being used to transport cannabis or cannabis-infused products. The Department will issue a registration certificate for each vehicle being used to transport cannabis or cannabis-infused products. Upon receipt of the registration certificate and placement of a copy of the certificate into the vehicle, the vehicle may be used for the transportation of cannabis and cannabis-infused products.

i) The transporter has a continuing duty to update and promptly disclose to the Department any changes to the information contained in the application and attachments to, and amendments of, the application.

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1300 Cannabis Regulation and Tax Act

8 Ill. Adm. Code 1300.550 License Renewal

a) Transporter Licenses shall be renewed annually. The Department will provide the licensee with written or electronic notice 90 days before the expiration of its current license that the license will expire.

b) The Department will grant a renewal within 45 days after submission of a renewal application if:

1. The transporter submits a renewal application and the required nonrefundable renewal fee of $10,000;

2. The Department has not suspended or revoked the license for violating the Act or this Part;

3. The transporter has continued to operate in accordance with:

A) All plans submitted as part of its application and approved by the Department; or

B) Any amendments to those plans that have been approved by the Department;

4. The transporter has submitted an agent, employee, contracting, and subcontracting diversity report as required by the Department.

c) If a transporter fails to renew its license before expiration, it shall cease operations until its license is renewed.

d) A transporter that continues to operate after its license has expired is subject to the penalties outlined in Subpart G (Enforcement and Immunities).

e) The Department will not renew a Transporter License if the applicant or licensee is delinquent in filing any required tax returns or paying any amounts owed to the State. [410 ILCS 705/40-40]

8 Ill. Adm. Code 1300.560 Modifications and Alterations

a) A license shall be amended before the commencement of any modification to the plan as stated in the application.

b) Before making any modification to the plan as stated in the application, the transporter must complete an application for license and construction approval and submit to the Department the application with the appropriate schedules.

c) An amendment to the license shall not be required for alterations at the facility.

8 Ill. Adm. Code 1300.570 Background Check

a) All applications submitted by applicants with criminal convictions shall be subject to Sections 2105-131, 2105-135, and 2105-205 of the Department of Financial and Professional Regulation Law of the Civil Administrative Code of Illinois. [410 ILCS 705/5-20(c)]

b) ISP shall act as the Department's agent for purposes of receiving electronic fingerprints and conducting background checks of each transporter agent applying for a transporter agent identification card (ID card).

1. ISP will conduct background checks for conviction information contained within ISP and FBI criminal history databases to the extent allowed by law.

2. For verification of any statutorily imposed duty to conduct background checks pursuant to the Act, ISP will transmit the results of the background check to the Department and that transmittal shall conclude the verification process.

3. The electronic background checks shall be submitted as outlined in either the Illinois Uniform Conviction Information Act or 20 Ill. Adm. Code 1265.30 (Electronic Transmission of Fingerprint Requirements).

A) Manual fingerprints will not be accepted and shall not be scanned and converted into an electronic format.

B) Fingerprint images of the individual being fingerprinted by a livescan fingerprint vendor (see subsection (c)), and related alphanumeric identification data submitted to ISP for the purpose of this fingerprint-based background check, shall be submitted electronically.

C) Electronic transmission of fingerprint data to ISP shall be accomplished utilizing livescan procedures or other comparable technology approved for use by ISP.

D) If the fingerprints are rejected by ISP, the applicant shall have his or her fingerprints collected electronically by a livescan fingerprint vendor a second time.

E) In the event of equipment malfunction or other special circumstance that make electronic transmission of fingerprint data impractical, ISP may allow limited use of paper fingerprint records.

c) Each transporter agent applying for a transporter agent ID card shall have his or her fingerprints collected electronically by a livescan fingerprint vendor licensed by DFPR and transmitted to ISP for processing no more than 30 days prior to the date of application or renewal for a transporter agent ID card.

1. The transporter agent shall submit to the Department, with the cultivation agent ID card application or renewal, a copy of the livescan request form and the receipt provided by the livescan fingerprint vendor containing the Transaction Control Number (TCN) as proof that his or her fingerprints have been collected.

2. Transporter agent ID card applications submitted without a copy of the livescan request form and receipt will be deemed incomplete and will not be processed until fingerprinting is completed. The fingerprinting process is not completed until the Department receives the results from ISP.

3. Any fees associated with the livescan fingerprint-based criminal history records check shall be the responsibility of the individual seeking a transporter agent ID card and shall be collected by the livescan vendor at the time of fingerprinting and transmitted to ISP for deposit in the ISP Services Fund. A convenience fee may be charged by the livescan vendor as provided in Section 31-5 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

d) The Department will obtain from ISP a State and federal criminal records check, to the extent allowed by law, containing conviction information for each transporter agent applying for an ID card.

e) The Department will maintain the results of the criminal history records check in compliance the State Records Act.

f) Should the Department not be able to obtain from ISP the required State and/or federal criminal records check required by the Act and this Section, the Department will contract as appropriate with a private detective/investigating agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 and in good standing with DFPR, for the purpose of conducting those records checks.

8 Ill. Adm. Code 1300.580 Records

a) Each transporter shall keep and maintain upon the licensed premises for a 5-year period true, complete, legible and current books and records, including but not limited to all daily inventory reports organized in a chronological manner.

b) Each transporter is responsible for keeping and maintaining records that clearly reflect all financial transactions and the financial condition of the business. The following records must be kept and maintained on the licensed premises for a 5-year period and must be made available for inspection if requested by the Department, and, when applicable, DOR:

1. Purchase invoices, bills of lading, manifests, sales records, copies of bills of sale, and any supporting documents, including the items and/or services purchased, from whom the items were purchased, and the date of purchase;

2. If applicable, bank statements and canceled checks for all accounts relating to the transportation organization;

3. Accounting and tax records related to the transporter;

4. All employee records, including training, education, discipline, etc.; and

5. Records of any theft, loss or other unaccountability of any cannabis.

8 Ill. Adm. Code 1300.590 Agents and Identification Cards

a) Each principal officer, board member, employee or agent of a registered transporter must apply to the Department for a transporter agent identification card.

b) The transporter agent application shall be submitted electronically, and on forms provided by the Department, in accordance with the Act and this Part. The electronic application will include instructions for its completion and submission. The application will include requests for information in support of the application needed by the Department in making its determination. If all materials, documentation and information required by the Act and this Part are not submitted, the application will be returned to the applicant.

c) Along with the application, the applicant shall submit:

1. A copy of the applicant's social security card;

2. A copy of the applicant's valid driver's license or State issued identification card;

3. A document verifying the applicant's place of residency, such as a bank statement, cancelled check, insurance policy, etc. The document must contain the applicant's full residence address;

4. Verification from ISP that the applicant's background check has been conducted;

5. The application fee of $100; and

6. Any additional information requested by the Department.

d) Upon receipt and verification of the information required by subsection (c), the Department will:

1. Approve or deny the application within 30 days after receipt;

2. Issue each transporter agent an ID card, within 15 business days after approval, that shall expire one year after the date of issuance;

3. Enter in its record system the registry identification number of the transporter where the agent works; and

4. If an applicant is delinquent in filing any required tax returns, or paying any amounts owed to the State of Illinois, deny the application.

e) No person shall begin working at a transporter prior to receiving his or her transporter agent ID card.

f) The transporter ID card shall contain the following:

1. The name of the cardholder;

2. The date of issuance and expiration date of the ID card;

3. A random 10-digit alphanumeric identification number containing at least 4 numbers and 4 letters that is unique to the holder;

4. A photograph of the cardholder; and

5. The legal name of the transporter employing the agent. [410 ILCS 705/40-30(c)]

g) A transporter agent must keep his or her ID card visible at all times when on the property of a cannabis business establishment, and at all times during the transportation of cannabis when acting under his or her duties as a transporter agent.

h) Upon termination of employment, the transporter agent ID card shall be immediately returned to the transporter. The transporter shall promptly return the ID card to the Department.

i) Any transporter agent ID card that is lost, destroyed or stolen shall be reported to ISP and the Department immediately upon discovery of the loss, destruction or theft. The fee for the issuance of a replacement identification card shall be $50.

j) Transporter agent ID cards shall be renewed annually. The cost of renewal shall be $100. The Department will send electronic notice 90 days prior to expiration.

k) If a transporter agent fails to renew his or her ID card before its expiration, he or she shall cease to work as an agent of the transporter until the ID card is renewed.

l) A transporter agent that fails to renew his or her ID card and continues to act as an agent for a transporter, shall be subject to the penalties outlined in Subpart G.

m) The Department will not renew a transporter agent ID card if the holder is delinquent in filing any required tax returns or paying any amounts owed to the State of Illinois. [410 ILCS 705/40-30(f)]

8 Ill. Adm. Code 1300.595 Operations

a) General Requirements

1. Each transporter shall develop and maintain an operations plan that reflects the plan stated in the licensee's application.

2. All vehicles used for the purpose of transporting cannabis containers shall be maintained in a sanitary condition.

3. Packing Cannabis Containers for Shipping

A transporter shall not transport cannabis or cannabis-infused products unless it is first packed in a cannabis container by the shipping cannabis business establishment.

4. Transportation of Cannabis Containers – Daily Inventory

Once the transporter receives a cannabis container, it must create a daily inventory. The report must include:

A) The name of the cannabis business establishment that provided a cannabis container for pick-up, the name of the agent who provided the containers and the time and location of pick-up;

B) A notation of the traceable information located on the cannabis container, including the type of cannabis and weight; and

C) Upon the completion of the delivery, the name of the cannabis business establishment where the cannabis container was delivered, the name of the agent receiving the delivery, and the time and location of delivery.

5. A transporter agent shall not open a cannabis container. Once a cannabis container is packed and sealed for delivery, only the following may open a cannabis container:

A) The cannabis business establishment that initiated a request to ship;

B) The cannabis business establishment intended for delivery;

C) Local, State or federal law enforcement; or

D) An employee of DFPR or the Department.

6. No person under the age of 21 years shall be in a commercial vehicle or trailer transporting cannabis. [410 ILCS 705/40-25(f)]

7. No person or individual who is not a transporter agent shall be in a vehicle while transporting cannabis goods. [410 ILCS 705/40-25(g)]

8. A transporter may not use commercial motor vehicles with a weight rating over 10,001 pounds. [410 ILCS 705/40-25(h)]

9. A copy of the transporter's registration and a manifest for the delivery shall be present in any vehicle transporting cannabis. [410 ILCS 705/40-25(k)]

10. Cannabis or cannabis-infused products shall be transported so it is not visible or recognizable from outside the vehicle. [410 ILCS 705/40-25(l)]

11. Only vehicles that have a license plate number and vehicle identification number on file with the Department and that have been issued a vehicle registration may be used to transport cannabis.

12. A vehicle transporting cannabis must not:

A) Bear any markings to indicate the vehicle contains cannabis; or

B) Bear the name or logo of the cannabis business establishment. [410 ILCS 705/40-25(m)]

13. Cannabis must be transported in a cannabis container. The cannabis container must be transported in an enclosed, locked storage compartment that is secured or affixed to the vehicle. [410 ILCS 705/40-25(n)]

14. Transporters shall not transport cannabis or cannabis products across state lines.

15. All vehicles transporting cannabis must be equipped with a Global Positioning System (GPS) based tracking device. The GPS tracking device shall be capable of allowing the transporter to track the vehicles at all times. The GPS tracking system shall also be able to store historic data (for no less than 12 months) and shall permit the Department to search all real-time and archived data upon request.

b) Transporters are subject to random inspections by the Department, DPH, and ISP. [410 ILCS 705/40-25(d)]

c) A transporter agent shall notify local law enforcement, ISP, and the Department within 24 hours after the discovery of any loss or theft. Notification shall be made by telephone, in person, or by written or electronic communication. [410 ILCS 705/40-25(e)]

8 Ill. Adm. Code 1300.596 Transfer Sites

a) Approval.

1. Prior to operating a transporter transfer site, a transporter must submit plans for a transporter transfer site as a modification, as described in Section 1300.560.

2. The Department shall review and approve the transporter transfer site plan through the modification process.

3. Transporters shall not use a transfer site until such site and its plans have written Department approval.

4. No transporter may operate more than two transfer sites.

b) Transfer Site Facility Specifications.

1. A transporter transfer site shall be a facility, as defined in Section 1300.10.

2. The transfer site facility shall be a fully enclosed from the outdoors, with locks or other security devices that permit access only by authorized individuals.

3. The facility structure shall be at least large enough to allow for two of the largest vehicles used by the transporter, registered with the Department, to have all doors and trunk or hatch open, with sufficient room for an individual to walk around each vehicle without encumbrance.

4. A transporter transfer site shall be separate from any other cannabis business establishment facility, in that there shall be no direct access from the transfer site into the cannabis business establishment. A transporter transfer site may be adjacent to a cannabis business establishment or part of the same overall physical facility.

c) Operation.

1. All transfers of cannabis and cannabis product at a transporter transfer site shall be documented in the cannabis plant monitoring system.

2. Transporters are not permitted to store cannabis or cannabis products at a transfer site overnight or for any period of time in which the transport vehicle is not present.

3. The facility shall be maintained in a sanitary condition.

4. Transporters shall follow and comply with their operations plan and any other requirements and restrictions of the license in the operation of a transfer site in accordance with the criteria listed in subsection (b).

5. The transfer site shall only be used for the transfer of cannabis and cannabis products from one transport vehicle to another. The facility shall not be used for any other purpose.

6. All transfers must take place with all transfer site access points closed, out of "ordinary public view", as that term is defined at 410 ILCS 705/1-10.

d) Security.

1. Transporter transfer sites shall be equipped with cameras and be required to operate and maintain in good working order a 24-hour 7-days a week closed circuit television surveillance system capable of capturing entrances, exits and the area where transfer operations occur.

A) The transporter shall use cameras that capture a continuous recorded image for all building entrances and exits, including overhead garage doors and other points of ingress/egress.

B) Motion activated cameras may be utilized in all other areas of the facility in which cameras are required.

2. Camera footage shall be available 24 hours per day 7 days per week to the Department and the Illinois State Police via a secure web-based portal with forward and backward playback abilities.

3. Security recordings shall be retained by the transporter for a minimum of 90 days either at the licensed premises, transfer site or an off-site cloud storage.

History

• Source: Added at 50 Ill. Reg. 7050, effective May 1, 2026

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1300 Cannabis Regulation and Tax Act

8 Ill. Adm. Code 1300.600 Investigations

a) The Department or its designee may conduct an investigation for the purpose of investigating an applicant or application, a cultivation center, a craft grower, an infuser, a transporter, their agents, or any other party for an alleged violation of the Act or this Part or to determine qualifications to be granted a license or ID card by the Department.

b) The Department may require an applicant, a cultivation center, a craft grower, an infuser, a transporter, and/or their agents, to produce relevant documents, records or any other material pertinent to the investigation of alleged violations of the Act or this Part or to determine qualifications to be granted a license or ID card by the Department. Failure to provide that material shall be grounds for refusal to issue license or ID card, and may be grounds for license or ID card suspension or revocation.

c) Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, the Department may suspend, place on probation, reprimand, issue cease and desist orders, refuse to issue or renew, or revoke a license or ID card, or take any other disciplinary or non-disciplinary action as the Department may deem proper with regards to the requirements of the Act.

d) The Department will, before refusing to issue or renew a license or ID card or before seeking to discipline a licensee or agent, set a hearing date and at least 30 days prior to the hearing, provide written notice of the charges made and notice of the time and place for the hearing on the charges. The written notice may be served by delivery personally to the accused, or by mailing the notice by registered or certified mail to the physical address on record. This provision does not apply to emergency situations as described in Section 1300.610(b).

e) At any point in any investigation or disciplinary proceeding provided for in the Act and this Section, both parties may agree to a negotiated consent order. The consent order shall be final upon signature of both parties.

f) In appropriate cases, the Department may resolve a complaint against a licensee, or agent through the issuance of a Consent to Administrative Supervision order. A licensee or agent subject to a Consent to Administrative Supervision order shall be considered by the Department as an active licensee or agent in good standing. This order shall not be reported or considered by the Department to be a discipline of the licensee or agent. The records regarding an investigation and a Consent to Administrative Supervision order shall be considered confidential and shall not be released by the Department except as mandated by law. A complainant shall be notified if his or her complaint has been resolved by a Consent to Administrative Supervision order.

g) In the case where an entity that is not licensed under the Act, violates the Act, the Department may refer the matter to the Illinois Attorney General's Office, and/or to the local States Attorney's office for injunctive relief, other civil relief and/or criminal prosecution.

8 Ill. Adm. Code 1300.610 License Suspension

a) Violation of any provision of the Act or this Part, or failure to comply with any standard or special conditions of the issued license or agent ID card, may result in a notice of intent to suspend the license or ID card.

b) The Department may suspend a licensee or agent ID card when it receives notice from DOR of:

1. Failure to file a tax return;

2. Filing of a fraudulent tax return;

3. Failure to pay all or part of any tax or penalty finally determined to be due;

4. Failure to keep books and records;

5. Failure to secure and display a certificate or sub-certificate of registration, if required; or

6. Willful violation of any rule or regulation of the Department relating to the administration and enforcement of tax liability.

c) After all violations of subsection (b) have been corrected or resolved, the Department will, upon request of the applicant or, if not requested, may notify the entities listed in subsection (e) that the violations have been corrected or resolved. Upon receiving notice that all violations of subsection (b) have been corrected or otherwise resolved to DOR's satisfaction, the Department may issue or renew the license or agent ID card or vacate an order of suspension.

d) Emergency Suspension – No Hearing

The Department may temporarily suspend a license or agent ID card without a hearing, simultaneously with the institution of proceedings for a hearing, if the Department finds that the public interest, safety or welfare requires emergency action. In the event that the Department temporarily suspends a licensee or agent without a hearing, a hearing shall be held within 30 days after the suspension has occurred. The suspended party may seek a continuance of the hearing, during which the suspension shall remain in effect. The proceeding shall be concluded without appreciable delay. If the Department does not hold a hearing within 30 days after the date of the suspension, and the licensee or agent has not requested a continuance, the license or agent ID card shall be automatically reinstated.

e) Immediately upon the suspension or reinstatement of a license or agent ID card, the Department will make written notification to ISP, DFPR and DOR of the status of license or agent ID card. If the suspension involves suspected criminal activity, the Department will make available to ISP all documents or electronic communications involving the suspected criminal activity. If suspected criminal activity is confirmed or independently discovered by ISP, notification will be made to the Department.

8 Ill. Adm. Code 1300.620 License Revocation

a) Violation of any provision of the Act or this Part, or failure to comply with any standard or special conditions of the issued license or agent ID card, may result in a notice of intent to revoke the license or agent ID card.

b) The Department may revoke a licensee or agent ID card when it receives notice from DOR of:

1. Failure to file a tax return;

2. Filing of a fraudulent tax return;

3. Failure to pay all or part of any tax or penalty finally determined to be due;

4. Failure to keep books and records;

5. Failure to secure and display a certificate or sub-certificate of registration, if required; or

6. Willful violation of any rule or regulation of the Department relating to the administration and enforcement of tax liability.

c) After all violations of subsection (b) have been corrected or resolved, the Department will, upon request of the applicant or on its own volition, may notify the entities listed in subsection (d) that the violations have been corrected or resolved. Upon receiving notice that all violations of subsection (b) have been corrected or otherwise resolved to DOR's satisfaction, the Department may issue or renew the license or agent ID card, or vacate an order of revocation.

d) Immediately upon the revocation of a license or agent ID card, the Department will make written notification to ISP, DFPR and DOR of the status of the license or agent ID card. If the revocation involves suspected criminal activity, the Department will make available to ISP all documents or electronic communications involving the suspected criminal activity. If suspected criminal activity is confirmed or independently discovered by ISP, notification will be made to the Department.

8 Ill. Adm. Code 1300.630 Fines

a) The Department may impose fines, not to exceed $50,000 for each violation, for any violations of the Act by a cultivation center or a cultivation center agent.

b) The Department may impose fines, not to exceed $15,000 for each violation, for any violations of the Act by a craft grower or a craft grower agent.

c) The Department may impose fines, not to exceed $10,000 for each violation, for any violation of the Act by an infuser or infuser agent.

d) The Department may impose fines, not to exceed $10,000 for each violation, for any violations of the Act by a transporter or a transporter agent.

e) In a case where a licensed cannabis business establishment notifies the Department of a violation at its premises, initiating an investigation, and cooperates fully with the Department through the investigation process, the fine shall be limited to an amount not to exceed $2,000.

8 Ill. Adm. Code 1300.640 Administrative Hearings

a) Any hearing conducted by the Department pursuant to the Act shall be conducted in accordance with the Department's rules applicable to formal administrative proceedings (8 Ill. Adm. Code 1.Subparts A and B). All hearings shall be held in Springfield, Illinois. All final administrative decisions of the Department are subject to judicial review under the Administrative Review Law and 8 Ill. Adm. Code 1.Subpart B. The term "administrative decision" is defined in Section 3-101 of the Code of Civil Procedure.

b) The Record

If any final Department action is appealed in Circuit Court pursuant to this Section, the record on review shall include the following:

1. The application or petition submitted;

2. Any written documentation considered by the Department in making its final decision with respect to the application or petition;

3. Any written correspondence between the Department and the person or entity submitting the application or petition, provided that the correspondence either played a material role in the final decision rendered by the Department; made a material argument to the Department with respect to the application or petition; or would be helpful to the Circuit Court in reviewing the matter because the correspondence provides helpful procedural background;

4. The transcript of any administrative hearing and any documents or other evidence submitted at the hearing.

8 Ill. Adm. Code 1300.650 Petition for Rehearing

The respondent in any contested case may request reconsideration of any part or all of the decision of the administrative law judge on any petition or may request the Director to stay the effective date of any administrative action for a specific period or for an indefinite period. A petition for reconsideration or stay of action shall be submitted within 30 days after the date of the administrative law judge's decision on the case. A petition for reconsideration or stay of action submitted later than 30 days after the date of the decision involved shall be denied as untimely.

8 Ill. Adm. Code 1300.700 Laboratory Testing

a) Immediately prior to manufacturing or natural processing of any cannabis or cannabis-infused product or packaging cannabis for sale to a dispensary, each batch shall be made available at the cultivation center, craft grower, or infuser, for an employee of an approved laboratory to select a random sample, which shall be tested by the approved laboratory for:

1. Microbiological contaminants;

2. Mycotoxins;

3. Pesticide active ingredients;

4. Residual solvent;

5. Heavy metals; and

6. An active ingredient analysis.

b) The Department may select a random sample that, for the purposes of conducting an active ingredient analysis, shall be tested by the Department for verification of label information.

c) A representative sample must be a minimum sample volume of not less than 7 grams, but is not required to be more than 15 grams per batch, and must consist of different parts of the batch to ensure proportionate representation.

d) Batch limits for cured flower are limited to a maximum of 20 pounds.

e) A representative sample shall be taken from each final batch of product and must pass all testing requirements before offered for sale to the public.

f) A laboratory shall immediately return or dispose of any cannabis upon the completion of any testing, use or research. If cannabis is disposed of, it shall be done in compliance with Subpart I of this Part.

g) If a sample of cannabis does not pass the microbiological, mycotoxin, pesticide chemical residue, heavy metals, or solvent residue test, based on the standards set forth in this Section, the following shall apply:

1. If the sample failed the pesticide chemical residue test, the entire batch from which the sample was taken shall be recalled, as provided for in the cannabis business organization's Operations and Management Plan, if applicable, and disposed of in accordance with Subpart I (Destruction of Cannabis).

2. If the sample failed any other test, the batch may be used to make a CO2 or solvent based extract. After processing, the CO2 or solvent based extract must still pass all required tests.

h) Microbiological Test

1. For purposes of the microbiological test, a cannabis sample shall be deemed to have passed if it satisfies the recommended microbial and fungal limits for cannabis products in colony forming units per gram (CFU/g) set out in the American Herbal Pharmocopoeia Monograph Table, as follows:

Total viable aerobic bacteria

Total yeast and mold

Total coliforms

Bile-tolerant gram-negative bacteria

E. coli (pathogenic strains) and Salmonella spp.

CO2 and solvent based extracts

104

103

102

102

Not detected in 1 g

2. Unprocessed materials include minimally processed crude cannabis preparations, such as inflorescences, accumulated resin glands (kief), and compressed resin glands (hashish). Processed materials include various solid or liquid infused edible preparations, oils, topical preparations, and water-processed resin glands (bubble hash).

i) Mycotoxin Test. For purposes of the mycotoxin test, a cannabis sample shall be deemed to have passed if it meets the following standards:

Test

Specification

Aflatoxin B1

<20 µg/kg of substance

Aflatoxin B2

<20 µg/kg of substance

Aflatoxin G1

<20 µg/kg of substance

Aflatoxin G2

<20 µg/kg of substance

Ochratoxin A

<20 µg/kg of substance

j) Heavy Metals Test. For the purposes of the heavy metals test, a cannabis sample shall be deemed to have passed if it meets the following standards:

Heavy Metal

Specification

Lead

<1.0 ppm for all products

Inorganic Arsenic

<0.4 ppm for inhaled products

<1.5 ppm for other products

Mercury

<0.2 ppm for inhaled products

<3.0 ppm for other products

Cadmium

<0.2 ppm for inhaled products

<0.5 ppm for other products

Chromium

<0.6 ppm for inhaled products

<2.0 ppm for other products

k) Pesticide Chemical Residue Test. For purposes of the pesticide chemical residue test, a cannabis sample shall be deemed to have passed if it satisfies the most stringent acceptable standard for a pesticide chemical residue in any food item, as set forth in subpart C of USEPA's regulations for Tolerances and Exemptions for Pesticide Chemical Residues in Food (40 CFR 180 (2014)).

l) Residue Solvent Test. For purposes of the residue solvent test, a cannabis sample shall be below the following limits.

Intended for Inhalation

Not Intended for Inhalation

Acetone

750 ppm

5000 ppm

Butane

800 ppm

5000 ppm

Ethanol

1000 ppm

5000 ppm

Ethyl Acetate

400 ppm

5000 ppm

Ethyl Ether

500 ppm

5000 ppm

Ethylene Oxide

5 ppm

50 ppm

Heptane

500 ppm

5000 ppm

Hexane

50 ppm

290 ppm

Isopropyl Alcohol

500 ppm

5000 ppm

Methanol

250 ppm

3000 ppm

Methylene Chloride

125 ppm

600 ppm

Pentane

750 ppm

5000 ppm

Petroleum Ether

400 ppm

400 ppm

Propane

2100 ppm

5000 ppm

Trichloroethylene

25 ppm

80 ppm

Toluene

150 ppm

890 ppm

Total Xylenes

150 ppm

2170 ppm

m) The laboratory shall file with the Department an electronic copy, at the same time that it transmits those results to the cultivation center, craft grower, or infuser, of each laboratory test result for any batch that does not pass the microbiological, mycotoxin, heavy metals, or pesticide chemical residue test. In addition, the laboratory shall maintain the laboratory test results for at least 5 years and make them available at the Department's request.

n) A cultivation center, craft grower, or infuser shall provide to a dispensary organization the laboratory test results for each batch of cannabis or cannabis product purchased by the dispensary organization, if sampled. Each dispensary organization shall have those laboratory results available upon request from purchasers of cannabis and cannabis products.

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1300 Cannabis Regulation and Tax Act

8 Ill. Adm. Code 1300.800 Scope

a) "Cannabis waste" means all cannabis byproduct, scrap, harvested cannabis, and cannabis-infused products not intended for distribution to a dispensing organization.

b) Cannabis waste must be destroyed and disposed of in accordance with this Part.

c) Types of Waste

1. Cannabis Waste. Cannabis waste must be stored, secured, locked and managed in accordance with State regulations and as submitted and approved in the cultivation center's Operations and Management Practices Plan.

2. Liquid Waste. Liquid waste from a cultivation center shall be disposed of in compliance with the Illinois Environmental Protection Act and 35 Ill. Adm. Code.

3. Hazardous Waste. Disposal of hazardous and chemical waste must be conducted in a manner consistent with federal, State and local laws.

d) Cannabis waste must be rendered unusable following the methods set forth in Section 1300.820 prior to leaving a cultivation center. Disposal of the cannabis waste rendered unusable must follow the methods in Section 1300.840.

8 Ill. Adm. Code 1300.810 Notice to the Department

a) A cultivation center, craft grower, or infuser shall, before destruction, notify the Department and ISP. [710 ILCS 705/55-15(b)] Upon receiving notice, the Department may require that an employee of the Department be present to witness the destruction.

b) A cultivation center, craft grower, or infuser shall provide the Department and ISP a minimum of 7 days' notice prior to rendering the product unusable and disposing of the product. The Department may require the cannabis business organization to hold product for up to 7 days for further inspection or investigation.

8 Ill. Adm. Code 1300.820 Method of Destruction

a) The allowable method to render cannabis waste unusable is by grinding and incorporating the cannabis plant waste with other ground materials so the resulting mixture is at least 50% non-cannabis waste by volume. Other methods to render cannabis waste unusable must be approved by the Department before implementation. Material used to grind with the cannabis falls into 2 categories: compostable waste and noncompostable waste.

1. Compostable Mixed Waste: Cannabis waste to be disposed of as compost, feedstock or in another organic waste method (e.g., anaerobic digester) may be mixed with the following types of waste materials:

A) Food waste;

B) Yard waste;

C) Vegetable based grease or oils; or

D) Other wastes approved by the Department (e.g., agricultural material, biodegradable products and paper, clean wood, fruits and vegetables, plant matter).

2. Noncompostable Mixed Waste: Cannabis waste to be disposed of in a landfill or another disposal method (e.g., incinerator) may be mixed with the following types of waste materials:

A) Paper waste;

B) Cardboard waste;

C) Plastic waste;

D) Soil; or

E) Other wastes approved by the Department (e.g., nonrecyclable plastic, broken glass, leather).

b) Once cannabis byproduct, scrap, cannabis and cannabis-infused products are incorporated with nonconsumable solid waste (i.e., destroyed), it shall be defined as "cannabis waste".

8 Ill. Adm. Code 1300.830 Records

The cultivation center, craft grower and infuser shall keep a record of the date of destruction and how much was destroyed [410 ILCS 705/55-15(c)]. The cultivation center, craft grower, and infuser shall also keep a record of the date of disposal of cannabis waste. The records for destruction and disposal shall be maintained for 5 years.

8 Ill. Adm. Code 1300.840 Disposal

a) Cannabis waste may not be sold.

b) Cannabis waste rendered unusable following the methods described in this Section may be disposed of in the manner provided in this subsection (b). Disposal of the cannabis waste rendered unusable may be delivered to a permitted solid waste facility for final disposition. Examples of acceptable permitted solid waste facilities include:

1. Compostable Mixed Waste: Compost, anaerobic digester, or other facility with approval of the jurisdictional health department;

2. Noncompostable Mixed Waste: Landfill, incinerator, or other facility with approval of the jurisdictional health department.

c) All waste and unusable product shall be weighed, recorded and entered into the inventory system prior to mixing and disposal. Verification of this event shall be performed by a supervisor and conducted in an area with video surveillance.

8 Ill. Adm. Code 1300.900 Registration

a) Each cannabis product produced for sale shall be registered with the Department on forms provided by the Department. Each product registration shall include a label and the required registration fee. [410 ILCS 705/55-21(a)]

b) Each cannabis product registration shall include the most applicable final form item category available for selection in the cannabis plant monitoring system.

c) Item categories and examples of items in categories that use a term defined in the Act or this Part shall be understood to be using that defined term.

d) The categories include:

1. Cannabis

A) Packaged flower;

B) Packaged pre-roll; and

C) Enhanced pre-roll or enhanced flower;

2. Cannabis Concentrate

A) RSO (Rick Simpson Oil);

B) Vape cartridge; and

C) Concentrate.

3. Cannabis Infused Product

A) Edible food;

B) Beverage;

C) Topical;

D) Tincture; and

E) Capsule and tablets.

e) Each strain, strain type, flavor, or scent, or other variation of a final product intended to be offered for sale must be separately registered. Registrations covering multiple variations of a final product are prohibited, except for variations in package sizes.

f) The information contained in the product registration shall match the product offered for sale at all times.

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

8 Ill. Adm. Code 1300.910 Registration Fee

a) The registration fee is for the name of the product offered for sale and one fee shall be sufficient for all package sizes. [410 ILCS 705/55-21(a)]

b) The fee to register a product with the Department shall be $25.

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1300 Cannabis Regulation and Tax Act

8 Ill. Adm. Code 1300.920 Container and Packaging Requirements

a) All harvested cannabis intended for distribution to a cannabis enterprise must be packaged in a sealed, labeled container. [410 ILCS 705/55-21(b)]

b) Any product containing cannabis shall be packaged in a sealed, odor-proof, and child-resistant cannabis container consistent with current standards, including the Consumer Product Safety Commission standards referenced by the Poison Prevention Act. [410 ILCS 705/55-21(c)]

c) All cannabis-infused products shall be individually wrapped or packaged at the original point of preparation. The packaging of the cannabis-infused product shall conform to the labeling requirements of the Illinois Food, Drug and Cosmetic Act, in addition to the other requirements set forth in this Section. [410 ILCS 705/55-21(d)]

d) Each cannabis-infused product intended for consumption must be individually packaged, must include the total milligram content of THC and CBD, and may not include more than a total of 100 milligrams of THC per package, except that a package may exceed 100 mg of THC only within the maximum acceptable tolerances set forth in Section 1300.930(b)(8)(C). A package may contain multiple servings of 10 milligrams of THC, and indicated by scoring, wrapping, or by other indicators designating individual serving sizes. [410 ILCS 705/55-21(k)]

8 Ill. Adm. Code 1300.930 Labeling Requirements

a) The requirements of this Section are effective beginning on August 1, 2020. Prior to August 1, 2020, all licensees may conform with the requirements set forth in 8 Ill. Adm. Code 1000.420 and in Section 1300.10.

b) Each cannabis product shall be labeled before sale and each label shall be securely affixed to the package and shall state in legible English:

1. The name and post office box of the registered cultivation center or craft grower where the item was manufactured;

2. The common or usual name of the item and the registered name of the cannabis product that was registered with the Department under Section 1300.900;

3. A unique serial number that will match the product with a cultivation center or craft grower batch and lot number to facilitate any warnings or recalls the Department, cultivation center, or craft grower deems appropriate;

4. The date of final testing and packaging, if sampled, and the identification of the independent testing laboratory;

5. The date of harvest for flower products or the date of manufacture for infused products and "use by" date;

6. The quantity (in ounces or grams) of cannabis contained in the product;

7. A pass/fail rating based on the laboratory's microbiological, mycotoxins, and pesticide and solvent residue analyses, if sampled;

8. A content list that includes:

A) The minimum and maximum percentage content by weight for:

i) delta-9-tetrahydrocannabinol (THC);

ii) tetrahydrocannabinolic acid (THCA);

iii) cannabidiol (CBD);

iv) cannabidiolic acid (CBDA);

B) Any other cannabinoid present at a concentration greater than 0.3% by weight, or, for a cannabis-infused product, greater than 0.4 milligrams by weight, as indicated on the product’s Certificate of Analysis.

C) All other ingredients of the item, including any colors, artificial flavors, and preservatives, listed in descending order by predominance of weight shown with common or usual names;

D) The total THC amount.

E) The total THC amount and the cannabinoid content may be listed in milligrams for cannabis infused products.

F) The acceptable tolerances for the minimum percentage or milligrams printed on the label for any of subsection (b)(8)(A) shall not be below 85% or above 115% of the labeled amount. [410 ILCS 705/55-21(e)]

G) An indication that the product contains hemp, if applicable.

9. Directions in legible Spanish that provide access via an electronic link or other medium to the product labeling information required within this subsection (b).

c) Packaging must not contain information that:

1. Is false or misleading;

2. Promotes excessive consumption;

3. Depicts a person under 21 years of age consuming cannabis;

4. Includes the image of a cannabis leaf;

5. Includes any image designed or likely to appeal to minors, including cartoons, toys, animals, or children, or any other likeness to images, characters, or phrases that are popularly used to advertise to children, or any packaging or labeling that bears reasonable resemblance to any product available for consumption as a commercially available candy, or that promotes consumption of cannabis; or

6. Contains any seal, flag, crest, coat of arms, or other insignia likely to mislead the purchaser to believe that the product has been endorsed, made, or used by the State of Illinois or any of its representatives except where authorized by this Part. [410 ILCS 705/55-21(f)]

d) Cannabis products produced by concentrating or extracting ingredients from the cannabis plant shall contain the following information, when applicable:

1. If solvents were used to create the concentrate or extract, a statement that discloses the type of extraction method, including any solvents or gases used to create the concentrate or extract; and

2. Any other chemicals or compounds used to produce or were added to the concentrate or extract. [410 ILCS 705/55-21(g)]

e) No individual other than the purchaser may alter or destroy any labeling affixed to the primary packaging of cannabis or cannabis-infused products. [410 ILCS 705/55-21(l)]

History

• Source: Amended at 50 Ill. Reg. 7050, effective May 1, 2026

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1300 Cannabis Regulation and Tax Act

8 Ill. Adm. Code 1300.940 Warnings

a) All cannabis products must contain warning statements established for purchasers, of a size that is legible and readily visible to a consumer inspecting a package, which may not be covered or obscured in any way. DPH shall define and update appropriate health warnings for packages including specific labeling or warning requirements for specific cannabis products. [410 ILCS 705/55-21(h)]

b) Cannabis products must contain the following warnings:

1. "This product contains cannabis and is intended for use by adults 21 and over. Its use can impair cognition and may be habit forming. This product should not be used by pregnant or breastfeeding women. It is unlawful to sell or provide this item to any individual, and it may not be transported outside the State of Illinois. It is illegal to operate a motor vehicle while under the influence of cannabis. Possession or use of this product may carry significant legal penalties in some jurisdictions and under federal law." [410 ILCS 705/55-21(i)]

2. Cannabis that may be smoked must contain a statement that "Smoking is hazardous to your health."

3. Cannabis-infused products (other than those intended for topical application) must contain a statement "CAUTION: This product contains cannabis, and intoxication following use may be delayed 2 or more hours. This product was produced in a facility that cultivates cannabis, and that may also process common food allergens."

4. Cannabis-infused products intended for topical application must contain a statement "DO NOT EAT" in bold, capital letters. [410 ILCS 705/55-21(j)]

8 Ill. Adm. Code 1300.1000 General Requirements

a) Each cannabis business establishment shall use the State-designated cannabis plant monitoring system as its system of record to track cannabis and cannabis products while in the licensee's possession.

b) Cannabis business establishments shall create and maintain an account within the cannabis plant monitoring system designated by the Department prior to engaging in the cultivation, production, sale or transfer of cannabis and cannabis products.

c) All cannabis and cannabis products in a cannabis business establishment enclosed, locked facility must be accounted for in the cannabis plant monitoring system at all times.

d) A cannabis business establishment shall take steps to ensure the accuracy and completeness of all data and information entered into the cannabis plant monitoring system.

e) No agent, agent in charge, principal officer, or anyone otherwise affiliated with a cannabis business establishment shall intentionally misrepresent or falsify information entered into the cannabis plant monitoring system, or direct or permit another to intentionally misrepresent or falsify information entered into the cannabis plant monitoring system.

History

• Source: Added at 50 Ill. Reg. 7050, effective May 1, 2026

8 Ill. Adm. Code 1300.1010 Tag Requirements

a) A cannabis business establishment shall only use plant tags and package tags distributed by the Department or the Department's designee.

b) A cannabis business establishment shall only use plant tags and package tags assigned in the cannabis plant monitoring system to that licensee.

c) A cannabis business establishment shall not transfer any unused plant tags or product tags in their possession to any other licensee or entity.

d) Tags provided to the licensee by the State shall not be removed from the State of Illinois.

e) Plant tags and package tags shall be discarded after they are no longer required for use as provided for in this Subpart K.

f) Cannabis business establishments shall record any plant tags or package tags in the cannabis plant monitoring system within three calendar days of receipt.

History

• Source: Added at 50 Ill. Reg. 7050, effective May 1, 2026

8 Ill. Adm. Code 1300.1020 Tagging of Cannabis Plants and Products

a) At the time of planting, immature plants of a uniform strain or cultivar may be grouped together under a single plant tag as a plant batch. The plant batch shall be:

1. Labeled with the unique serial number;

2. Placed contiguous to one another; and

3. Be physically fully separated from any other plant or plant batch.

b) Once any part of the plant reaches 16 inches in height, as measured from the soil or growing medium to the highest point of the plant, it shall be assigned its own individual plant tag.

c) Individual cannabis plants shall be tagged as follows:

1. A plant tag shall be attached to the main stem at the base of each plant, placed in a position so it is visible and within clear view of an individual standing next to the plant, and kept free from dirt and debris.

2. Cannabis business establishments are prohibited from removing the plant tag from the plant to which it was attached and assigned until the plant is harvested, destroyed, or disposed of.

d) Harvest Batches

1. Harvested plants that are hanging, drying, or curing shall maintain their plant tag or unique serial number on the plant, or placed within clear view of the harvested plants.

2. Cannabis business establishments shall assign a unique harvest batch name, and shall record it in the cannabis plant monitoring system.

3. The harvest batch name shall be placed within clear view near that batch.

4. Harvested plants which have finished undergoing any applicable drying, curing, grading, and trimming shall be assigned a package tag and recorded in the cannabis plant monitoring system.

e) When cannabis or cannabis products are stored, a package tag shall be affixed to the storage receptacle (e.g., bin, tote, jar, bulk bag, or other form of storage receptacle) in which the cannabis or cannabis products are stored. If the cannabis or cannabis products are held in more than one storage receptacle, the package tag shall be affixed to one such storage receptacle, and each additional receptacle shall be labeled with the applicable unique serial number. All storage receptacles bearing the same unique serial number shall be stored together and placed contiguous, adjacent, or in reasonably close proximity to the receptacle or unit to which the package tag is affixed.

History

• Source: Added at 50 Ill. Reg. 7050, effective May 1, 2026

8 Ill. Adm. Code 1300.1030 Reporting

a) All cultivation and production activities of a cannabis business establishment shall be recorded in the cannabis plant monitoring system by that licensee upon completion of the activity.

b) Recorded activities include, but are not limited to:

1. Receipt of cannabis or cannabis products;

2. Rejection of transferred cannabis or cannabis products;

3. Any activity that changes the physical form or chemical form or item category of cannabis or cannabis-infused products, including extraction, distillation, infusion, or formulation into edibles, topicals, or concentrates;

4. Destruction or waste of cannabis or cannabis products;

5. Packaging or repackaging of cannabis or cannabis products;

6. Sale of cannabis or cannabis products, including the agreed upon price or value of the transaction that involves a cannabis or cannabis product transfer;

7. Harvests, including the wet weight of each harvest batch;

8. Movement of cannabis and cannabis products within the facility; and

9. Plantings.

c) The information recorded in the cannabis plant monitoring system for each activity shall be:

1. The type of cannabis or cannabis products;

2. The weight, volume, or count of the cannabis or cannabis products;

3. The date of activity;

4. The unique serial number assigned to the cannabis or cannabis products; and

5. The conversion rate or formula, if applicable.

History

• Source: Added at 50 Ill. Reg. 7050, effective May 1, 2026

8 Ill. Adm. Code 1300.1040 Transfer of Cannabis and Cannabis Products

a) A cannabis business establishment shall prepare a manifest, through the cannabis plant monitoring system, prior to transferring cannabis and cannabis products from its facility to another cannabis business establishment.

b) The following information shall be recorded on the manifest by the licensee initiating the transfer:

1. The name, license number, and premises address of the originating licensee;

2. The name and license number of the transporter transporting the cannabis and cannabis products;

3. The name, license number, and premises address of the destination cannabis business establishment;

4. The unique serial number of all items being transferred;

5. The item name, item category, and weight or count of cannabis or cannabis products associated with each package tag for all items being transferred;

6. The estimated date and time of departure from the licensee initiating the transfer;

7. The estimated date and time of arrival at the destination cannabis business establishment;

8. The agent badge numbers of the personnel transporting the cannabis and cannabis products; and

9. The make, model, license plate number, and Department vehicle registration number of the vehicles used for transport.

c) The transporter who transports the cannabis or cannabis product shall record the following additional information on the manifest:

1. The actual date and time the transporter departed with the manifested product from the originating cannabis business establishment licensed premises or transfer site;

2. The actual date and time of arrival of the transporter at the destination cannabis business establishment's licensed premises, or transfer site; and

3. Any changes or updates to information on the manifest related to personnel or vehicles used.

History

• Source: Added at 50 Ill. Reg. 7050, effective May 1, 2026

8 Ill. Adm. Code 1300.1050 Loss of Access and System Reconciliation

a) If, at any point, a cannabis business establishment loses access to the cannabis plant monitoring system for any reason, the licensee shall prepare and maintain comprehensive records detailing all activities required to be reported under this Subpart that were conducted during the loss of access.

b) A Department licensed cannabis business establishment shall notify the Department of any loss of access no later than the end of the business day in which the loss of access was discovered.

c) Once access has been restored, the licensee shall:

1. Within three business days after restoration, enter all activities that occurred during the loss of access into the cannabis plant monitoring system.

2. Document the cause for loss of access, the dates and times for when access to the cannabis plant monitoring system was lost, and the dates and times for when access was restored.

History

• Source: Added at 50 Ill. Reg. 7050, effective May 1, 2026

Chapter I Illinois Department of Agriculture

Subchapter v Licensing and Regulations

Part 1300 Cannabis Regulation and Tax Act

8 Ill. Adm. Code 1300.APPENDIX A Authorized Pesticides

The following is a list of pesticide active ingredients the Department has approved for use on cannabis plants. The pesticide product shall be registered with the Department under the Illinois Pesticide Control Act.

Label Type

Signal Word

Active Ingredient

Concentration

Insect Repellent

Caution

Azadirachtin

0.09%

Insecticide

Caution

Azadirachtin

0.09%

Insecticide

Caution

Azadirachtin

0.60%

Nematicide

Caution

Azadirachtin

0.60%

Fungicide

Caution

Azadirachtin

0.70%

Insect Repellent

Caution

Azadirachtin

0.70%

Insecticide

Caution

Azadirachtin

0.70%

Nematicide

Caution

Azadirachtin

0.70%

Insecticide

Caution

Azadirachtin

1.00%

Insect Repellent

Caution

Azadirachtin

1.20%

Insecticide

Caution

Azadirachtin

1.20%

Nematicide

Caution

Azadirachtin

1.20%

Insecticide

Caution

Azadirachtin

3.00%

Nematicide

Caution

Azadirachtin

3.00%

Nematicide

Warning

Azadirachtin

3.00%

Insect Repellent

Caution

Azadirachtin

4.50%

Insecticide

Caution

Azadirachtin

4.50%

Insecticide

Caution

Azadirachtin

6.00%

Nematicide

Caution

Azadirachtin

6.00%

Fungicide

Caution

Bacillus pumilus strain GHA 180

0.00%

PGR − Growth Stimulator

Caution

Bacillus pumilus strain GHA 180

0.00%

Fungicide

Caution

Bacillus subtilis MBI 600

0.00%

PGR − General

Caution

Bacillus subtilis MBI 600

0.00%

Fungicide

Caution

Bacillus subtilis MBI 600

9.90%

Fungicide

Caution

Bacillus subtilis GB03

0.03%

Fungicide

Caution

Bacillus subtilis QST713 Strain

0.07%

Fungicide

Caution

Bacillus subtilis QST713 Strain

1.34%

Fungicide

Caution

Bacillus subtilis QST713 Strain

14.60%

Fungicide

Caution

Bacillus subtilis var. amyloliquefaciens strain D747 TGAI

25.00%

Fungicide

Caution

Bacillus subtilis var. amyloliquefaciens strain D747 TGAI

98.85%

Insecticide

Caution

Bacillus thuringiensis ssp. aizawai

54%

Insecticide

Caution

Bacillus thuringiensis ssp. israelensis

6.38%

Insecticide

Caution

Bacillus thuringiensis ssp. kurstaki 1

17.19%

Insecticide

Caution

Bacillus thuringiensis ssp. kurstaki 1

54%

Insecticide

Caution

Bacillus thuringiensis ssp. kurstaki 1

58.20%

Insecticide

Caution

Bacillus thuringiensis ssp. kurstaki 7841

40.00%

Insecticide

Caution

Bacillus thuringiensis ssp. kurstaki strain SA-12

9.83%

Insecticide

Caution

Canola Oil

1.00%

Insecticide

Caution

Canola Oil

89.50%

Fungicide

Caution

Canola Oil

96.00%

Insecticide

Caution

Canola Oil

96.00%

Insecticide

Caution

Chromobacterium sub strain PRAA4-1 cells

30.00%

Insecticide

Caution

Chromobacterium sub strain PRAA4-1 cells

94.50%

Insect Repellent

Caution

Cinnamon

0.03%

Insecticide

Caution

Cinnamon

0.03%

Fungicide

Caution

Cinnamon Oil

0.20%

Insect Repellent

None

Cinnamon Oil

0.20%

Insecticide

Caution

Cinnamon Oil

0.20%

Insecticide

None

Cinnamon Oil

0.20%

Fungicide

Caution

Cinnamon Oil

4%

Insecticide

Caution

Cinnamon Oil

4%

Insecticide

Caution

Citric Acid

0.10%

Fungicide

Danger

Citric Acid

99%

Insecticide

Warning

Citronella Oil

0.42%

Fungicide

Caution

Clarified Hydrophobic Extract of Neem Oil

70.00%

Insecticide

Caution

Clarified Hydrophobic Extract of Neem Oil

70.00%

Fungicide

Caution

Copper Octanoate

0.08%

Fungicide

Caution

Copper Octanoate

10%

Fungicide

Caution

Corn Oil

0.30%

Fungicide

Caution

Corn Oil

30%

Fungicide

Caution

Cottonseed Oil

0.30%

Insecticide

Caution

Cottonseed Oil

0.40%

Fungicide

Caution

Cottonseed Oil

3%

Insecticide

Caution

Cottonseed Oil

3%

Fungicide

Caution

Cottonseed Oil

30%

Insecticide

Caution

Cottonseed Oil

40%

PGR − Crop Quality

Caution

Cytokinins

0.01%

PGR − General

Caution

Cytokinins

0.01%

PGR − Growth Stimulator

Caution

Cytokinins

0.02%

Nematicide

Caution

Dried Ferm. Slds/Slbs of Myrothecium verrucaria

90%

Insecticide

Warning

Farnesol

0.17%

Insect Repellent

Caution

Garlic Oil/Powder

0.03%

Insecticide

Caution

Garlic Oil/Powder

0.03%

Insecticide

Caution

Garlic Oil/Powder

0.10%

Fungicide

Caution

Garlic Oil/Powder

0.23%

Fungicide

Caution

Garlic Oil/Powder

3.00%

Insecticide

Caution

Garlic Oil/Powder

10%

Insect Repellent

Caution

Garlic Oil/Powder

20.00%

Invertebrate Control

Caution

Garlic Oil/Powder

20.00%

Vertebrate Repellent

Caution

Garlic Oil/Powder

20.00%

Fungicide

Caution

Garlic Oil/Powder

23%

Insecticide

Caution

Geraniol

0.30%

Insecticide

Warning

Geraniol

0.42%

PGR − Crop Quality

Caution

Gibberellic Acid

0.00%

PGR − General

Caution

Gibberellic Acid

0.00%

PGR − Crop Quality

Warning

Gibberellic Acid

4%

PGR − General

Caution

Gibberellic Acid

4.00%

PGR − Crop Quality

Caution

Gibberellic Acid

20%

PGR − General

Caution

Gibberellic Acid

20%

PGR − Growth Stimulator

Caution

Gibberellic Acid

20.00%

Fungicide

Caution

Gliocladium virens G-21

12%

Algaecide Slimicide

Danger

Hydrogen Peroxide (Dioxide)

5.34%

Fungicide

Danger

Hydrogen Peroxide (Dioxide)

5.34%

Algaecide Slimicide

Danger

Hydrogen Peroxide (Dioxide)

26.50%

Fungicide

Danger

Hydrogen Peroxide (Dioxide)

26.50%

Algaecide Slimicide

Danger

Hydrogen Peroxide (Dioxide)

27.00%

Algaecide Slimicide

Danger

Hydrogen Peroxide (Dioxide)

27.00%

Disinfectant

Danger

Hydrogen Peroxide (Dioxide)

27.00%

Fungicide

Danger

Hydrogen Peroxide (Dioxide)

27.00%

Algaecide Slimicide

Danger

Hydrogen Peroxide (Dioxide)

27.10%

Fungicide

Danger

Hydrogen Peroxide (Dioxide)

27.10%

Herbicide

Danger

Hydrogen Peroxide (Dioxide)

27.10%

Algaecide Slimicide

Danger

Hydrogen Peroxide (Dioxide)

33.00%

Disinfectant

Danger

Hydrogen Peroxide (Dioxide)

33.00%

Fungicide

Danger

Hydrogen Peroxide (Dioxide)

33.00%

PGR − Crop Quality

Caution

IBA (Indole-3-Butyric Acid)

0.01%

PGR − General

Caution

IBA (Indole-3-Butyric Acid)

0.01%

Fungicide

Caution

IBA (Indole-3-Butyric Acid)

0.01%

PGR − General

Caution

IBA (Indole-3-Butyric Acid)

0.10%

PGR − Growth Stimulator

Caution

IBA (Indole-3-Butyric Acid)

0.10%

PGR − Growth Stimulator

Caution

IBA (Indole-3-Butyric Acid)

0.30%

PGR − Growth Stimulator

Caution

IBA (Indole-3-Butyric Acid)

0.31%

PGR − Growth Stimulator

Caution

IBA (Indole-3-Butyric Acid)

0.47%

PGR − Growth Stimulator

Caution

IBA (Indole-3-Butyric Acid)

0.54%

PGR − Growth Stimulator

Caution

IBA (Indole-3-Butyric Acid)

0.80%

PGR − Growth Stimulator

Caution

IBA (Indole-3-Butyric Acid)

20.00%

Invertebrate Control

Caution

Iron Phosphate (FePO4)

1.00%

Insecticide

Caution

Isaria fumosorosea

20%

Fungicide

Caution

Jojoba Oil

97.50%

Insecticide

Caution

Jojoba Oil

97.50%

Fungicide

Caution

Kaolin

95.00%

Insecticide

Caution

Kaolin

95.00%

PGR − General

Caution

Kaolin

95.00%

Vertebrate Repellent

Caution

Kaolin

95.00%

Fungicide

Caution

Mineral Oil/Petroleum Distillate

98.00%

Insecticide

Caution

Mineral Oil/Petroleum Distillate

98.00%

Insecticide

Caution

Mineral Oil/Petroleum Distillate

98.80%

Insecticide

Caution

Mineral Oil/Petroleum Distillate Light

1.00%

Fungicide

Caution

Mineral Oil/Petroleum Distillate Light

80%

Insecticide

Caution

Mineral Oil/Petroleum Distillate Light

80%

Insecticide

Caution

Mineral Oil/Petroleum Distillate Light

90.00%

Desiccant

Caution

Mineral Oil/Petroleum Distillate Light

98%

Fungicide

Caution

Mineral Oil/Petroleum Distillate Light

98.00%

Insecticide

Caution

Mineral Oil/Petroleum Distillate Light

98.00%

Fungicide

Caution

Mineral Oil/Petroleum Distillate Light

98.40%

Insecticide

Caution

Mineral Oil/Petroleum Distillate Light

98.40%

Fungicide

Caution

Monopotassium Phosphate

40.80%

Fungicide

Caution

Monopotassium Phosphate

100%

Fungicide

Caution

Neem Oil Cold Pressed

65.80%

Insect Repellent

Caution

Neem Oil Cold Pressed

65.80%

Insecticide

Caution

Neem Oil Cold Pressed

65.80%

Nematicide

Caution

Neem Oil Cold Pressed

65.80%

Insect Repellent

Caution

Neem Oil Cold Pressed

100.00%

Insecticide

Caution

Neem Oil Cold Pressed

100.00%

Insecticide

Warning

Nerolidol

0.42%

Fungicide

Caution

Oil of Clove

0.10%

Insecticide

Caution

Oil of Clove

0.10%

Fungicide

Caution

Oil of Clove

0.20%

Insect Repellent

None

Oil of Clove

0.20%

Insecticide

Caution

Oil of Clove

0.20%

Insecticide

None

Oil of Clove

0.20%

Insect Repellent

Caution

Oil of Clove

1.50%

Insecticide

Caution

Oil of Clove

1.50%

Fungicide

Caution

Oil of Clove

2%

Insecticide

Caution

Oil of Clove

2%

Fungicide

Caution

Oil of Clove

10.00%

Herbicide

Caution

Oil of Clove

10.00%

Insecticide

Caution

Oil of Clove

20%

Fungicide

Caution

Oil of Rosemary

0.05%

Insect Repellent

Caution

Oil of Rosemary

0.05%

Insecticide

Caution

Oil of Rosemary

0.05%

Fungicide

Caution

Oil of Rosemary

0.10%

Insecticide

Caution

Oil of Rosemary

0.10%

Insect Repellent

Caution

Oil of Rosemary

0.23%

Insect Repellent

Caution

Oil of Rosemary

0.53%

Insecticide

Caution

Oil of Rosemary

0.53%

Insecticide

Caution

Oil of Rosemary

0.80%

Fungicide

Caution

Oil of Rosemary

2%

Insect Repellent

Caution

Oil of Rosemary

2.00%

Insecticide

Caution

Oil of Rosemary

2%

Insect Repellent

Caution

Oil of Rosemary

10.00%

Insecticide

Caution

Oil of Rosemary

10.00%

Fungicide

Caution

Oil of Rosemary

18.00%

Herbicide

Caution

Oil of Rosemary

18.00%

Fungicide

None

Oil of Sesame

0.10%

Insecticide

None

Oil of Sesame

0.10%

Fungicide

Caution

Oil of Sesame

5%

Insecticide

Caution

Oil of Sesame

5%

Insecticide

None

Oil of Sesame

5.00%

Fungicide

Caution

Oil of Thyme

0.10%

Insecticide

Caution

Oil of Thyme

0.10%

Fungicide

Caution

Oil of Thyme

1.20%

Fungicide

Caution

Oil of Thyme

2%

Insecticide

Caution

Oil of Thyme

2%

Fungicide

Caution

Oil of Thyme

4%

Fungicide

Caution

Oil of Thyme

10.00%

Herbicide

Caution

Oil of Thyme

10.00%

Algaecide Slimicide

Caution

Oregano Oil

1.00%

Fungicide

Caution

Oregano Oil

1.00%

Herbicide

Caution

Oregano Oil

1.00%

Insect Repellent

Caution

Peppermint

0.04%

Insecticide

Caution

Peppermint

0.04%

Insecticide

Caution

Peppermint

0.40%

Insecticide

Caution

Peppermint

0.80%

Insecticide

Caution

Peppermint

2.00%

Algaecide Slimicide

Danger

Peroxyacetic Acid

1.36%

Fungicide

Danger

Peroxyacetic Acid

1.36%

Algaecide Slimicide

Danger

Peroxyacetic Acid

2.00%

Fungicide

Danger

Peroxyacetic Acid

2.00%

Herbicide

Danger

Peroxyacetic Acid

2.00%

Algaecide Slimicide

Danger

Peroxyacetic Acid

4.90%

Fungicide

Danger

Peroxyacetic Acid

4.90%

Fungicide

Caution

Phosphorous Acid Mono- And Di-Potassium, Salts of

28.10%

Fungicide

Caution

Phosphorous Acid Mono- And Di-Potassium, Salts of

45.50%

Fungicide

Caution

Phosphorous Acid Mono- And Di-Potassium, Salts of

45.80%

Fungicide

Caution

Phosphorous Acid Mono- And Di-Potassium, Salts of

53%

Fungicide

Caution

Phosphorous Acid Mono- And Di-Potassium, Salts of

53.60%

Fungicide

Caution

Phosphorous Acid Mono- And Di-Potassium, Salts of

56.00%

PGR − General

Caution

Phosphorous Acid Mono- And Di-Potassium, Salts of

56.00%

Fungicide

Caution

Phosphorous Acid Mono- And Di-Potassium, Salts of

56.20%

Fungicide

Caution

Phosphorous Acid Mono- And Di-Potassium, Salts of

57.00%

Fungicide

Caution

Phosphorous Acid Mono- And Di-Potassium, Salts of

99.00%

Fungicide

Caution

Piperonyl Butoxide

2.50%

Insecticide

Caution

Piperonyl Butoxide

2.50%

Insecticide

Caution

Piperonyl Butoxide

4.00%

Insecticide

Caution

Piperonyl Butoxide

16.00%

Insect Repellent

Caution

Piperonyl Butoxide

60.00%

Insecticide

Caution

Piperonyl Butoxide

60.00%

Fungicide

Caution

Potassium Bicarbonate

81.90%

Fungicide

Caution

Potassium Bicarbonate

85.00%

Insecticide

Caution

Potassium Laurate

1%

Insecticide

Caution

Potassium Laurate

1.02%

Fungicide

Caution

Potassium Laurate

12.38%

Insecticide

Caution

Potassium Laurate

12.38%

Insecticide

Caution

Potassium Laurate

19.90%

Insecticide

Caution

Potassium Laurate

20.00%

Insecticide

Warning

Potassium Laurate

47%

Fungicide

Warning

Potassium Laurate

49.00%

Insecticide

Warning

Potassium Laurate

49.00%

Insecticide

Warning

Potassium Laurate

49.52%

Fungicide

Caution

Pyrethrins

0.01%

Insecticide

Caution

Pyrethrins

0.01%

Insecticide

Caution

Pyrethrins

0.24%

Fungicide

Caution

Pyrethrins

0.25%

Insecticide

Caution

Pyrethrins

0.25%

Insecticide

Caution

Pyrethrins

0.50%

Insecticide

Caution

Pyrethrins

1.40%

Insecticide

Caution

Pyrethrins

4.00%

Insect Repellent

Caution

Pyrethrins

5.00%

Insecticide

Caution

Pyrethrins

5.00%

Insect Repellent

Caution

Pyrethrins

6.00%

Insecticide

Caution

Pyrethrins

6.00%

Fungicide

Caution

Pythium oligandrum DV 74

1.00%

PGR − Growth Stimulator

Caution

Pythium oligandrum DV 74

1.00%

Fungicide

Caution

Reynoutria sachalinensis

5%

PGR − General

Caution

Reynoutria sachalinensis

5%

Insect Repellent

Caution

Rosemary Herbs

10.00%

Insect Repellent

Caution

Sesame Plant Ground

0.05%

Insecticide

Caution

Sesame Plant Ground

0.05%

Invertebrate Control

Caution

Sodium Ferric EDTA

2.00%

Invertebrate Control

Caution

Sodium Ferric EDTA

5.00%

Fungicide

Caution

Sorbic Acid Potassium Salt

0.01%

Insecticide

Caution

Sorbic Acid Potassium Salt

0.01%

Insecticide

Warning

Sorbitol Octanoate

90.00%

Insecticide

Caution

Soybean Oil

93%

Fungicide

Caution

Streptomyces griseoviridis strain K61

4%

Fungicide

Caution

Streptomyces griseoviridis strain K61

35%

Fungicide

Caution

Streptomyces lydicus WYEC 108

0.04%

Fungicide

Caution

Streptomyces lydicus WYEC 108

1.30%

Fungicide

Caution

Sulfur

0.20%

Insecticide

Caution

Sulfur

0.20%

Fungicide

Caution

Sulfur

6.48%

Insecticide

Caution

Sulfur

6.48%

Fungicide

Caution

Sulfur

10.00%

Insecticide

Caution

Sulfur

10.00%

Fungicide

Caution

Sulfur

12%

Insect Repellent

Caution

Thyme Herbs

0.03%

Insecticide

Caution

Thyme Herbs

0.03%

Fungicide

Caution

Trichoderma asperellum strain ICC 012

2.00%

Fungicide

Caution

Trichoderma gamsii strain ICC 080

2.00%

Fungicide

Caution

Trichoderma harzianum Rifai strain KRL-AG2

1.15%

Fungicide

Caution

Trichoderma virens strain G-41

0.61%