Section 700.10  Scope of the Department of Agriculture

 

a)         The Department of Agriculture administers programs which provide assistance to farmers, agricultural and related businesses and associations, regulates industries that serve agriculture, operates a soil and agriculture land protection program, administers animal welfare and disease control programs, administers programs to insure consumer protection in the areas of wholesome and properly identified meat and poultry and meat and poultry products, administers programs designed to protect the public health, safety and welfare and to assure the Illinois citizen that all weighing and measuring devices and labels on prepackaged consumer products, feed, seeds and fertilizers are accurate.  The Department administers grant funds in accordance with statutory authority and budgetary provisions and operates the Illinois State Fair and the DuQuoin State Fair and manages both fairgrounds.  The Department is separated into six divisions and the Office of the Assistant Director.

 

b)         Administrative functions reporting directly to the Director are:

 

1)         Executive and staff assistants perform duties as requested by the Director.

 

2)         The auditing staff audits and reports on fiscal matters, as well as program functions.

 

3)         The public information section issues news releases, prepares radio programs and arranges press coverage.

 

4)         The Comptroller's Office processes payrolls, vouchers for expenses incurred and items purchased, and contracts; central deposit of receipts; administers the State's insurance, rural rehabilitation funds, and vehicle accident insurance; manages the inventory of State property; prepares Federal grant applications; and submits and administers the Department's annual budget.

 

5)         The Bureau of Personnel advises on personnel-related activities and policies and assures all such procedures are within the parameters of the Personnel Code, Personnel Rules, Classification Plan, Pay Plan, and Collective Bargaining Unit provisions.  The Bureau administers the Department's affirmative action, worker's compensation, and employee assistance programs.

 

6)         The legal staff provides counsel to the Department on all legal matters.

 

7)         The legislative staff is responsible for the preparation and presentation of the Department's legislative program and for advising the Governor about bills that affect agriculture.

 

8)         The rulemaking staff prepares and adopts rules in accordance with the procedures and requirements of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) and maintains the official rules of the Department as promulgated under the statutory authority of the Department.

 

c)         Office of the Director:

 

1)         Department of Agriculture, Agriculture Building, State Fairgrounds, Post Office Box 19281, Springfield, 62794-9281; Phone 217/782-2172; FAX 217/785-4505.

 

2)         Comptroller's Offices; Phone 217/782-5687.

 

3)         Bureau of Personnel; Phone 217/782-2172.

 

(Source:  Amended at 16 Ill. Reg. 3893, effective February 28, 1992)

 

Section 700.20  Office of the Assistant Director

 

a)         The Office of the Assistant Director support staff serve all branches of the Department.  Functions of the Office include:

 

1)         The support staff performs a variety of support functions.  They carry out research projects on problems facing the Department or any sector of the agricultural community.  Internal management programs are administered through this office, such as, training programs for Department personnel.

 

2)         The Bureau of Computer and Printing Services provides data processing, word processing, printing support services, and mail room shipping and receiving for the entire Department.

 

b)         Address and phone numbers for the Office of Assistant Director:

 

1)         Assistant Director, Department of Agriculture, Agriculture Building, State Fairgrounds, Post Office Box 19281, Springfield, 62794-9281; Phone 217/782-2172; FAX 217/785-4505.

 

2)         Computer and Printing Services; Phone 217/785-5705.

 

(Source:  Amended at 16 Ill. Reg. 3893, effective February 28, 1992)

 

Section 700.30  Division of Animal Industries

 

a)         The Division of Animal Industries is separated into four bureaus:

 

1)         The Bureau of Animal Disease Laboratory--Centralia, primarily through the practicing veterinarian, provides assistance to livestock and companion animal owners experiencing problems relative to animal diseases. Toxicology services are also offered to the general public and local and state government entities.  It also provides support for animal disease control and eradication programs and animal welfare programs.

 

2)         The Bureau of Animal Disease Laboratory--Galesburg, primarily through the practicing veterinarian, provides assistance to livestock and companion animal owners experiencing problems relative to animal diseases.  It also provides support for animal disease control and eradication programs and animal welfare programs.

 

3)         The Bureau of Animal Health is responsible for programs related to the movement of livestock, and control or eradication of cattle scabies, swine and bovine brucellosis, bovine tuberculosis, equine infectious anemia, equine viral encephalitides, pullorum-typhoid, mycoplasma gallisepticum, Salmonella enteritidis, mycoplasma synoviae in poultry, pseudorabies and a number of other animal diseases when occurrence of a disease warrants regulatory action.  Services include registration of slaughter livestock buyers and brokers, and the licensing of bull lessors, feeder swine dealers, livestock dealers, and livestock auction markets.

 

4)         The Bureau of Animal Welfare is responsible for regulating the retail companion animal industry including animal control and animal welfare.  It also administers programs relative to the humane care of animals, dead animal disposal, refrigerated warehouses, the registration of brands, and the sale and use of horse meat.

 

b)         In addition to the four bureaus, the Division, in cooperation with the United States Department of Agriculture, operates the State-Federal Serology Laboratory in Springfield.  The principal activity of this laboratory is the testing of blood and milk for specific disease antibodies.

 

c)         The Apiary Section is concerned with controlling bee diseases and makes periodic inspections of bee colonies.

 

d)         Addresses and phone numbers for the Division of Animal Industries:

 

1)         Superintendent, Division of Animal Industries, Ariculture Building, State Fairgrounds, Post Office Box 19281, Springfield, 62794-9281; Phone 217/782-4944.

 

2)         Laboratory Manager, Bureau of Animal Disease Laboratory--Centralia, Division of Animal Industries, Shattuc Road, Centralia, 62801-9284; Phone 618/532-6701.

 

3)         Veterinarian Chief, Bureau of Animal Disease Laboratory--Galesburg, Division of Animal Industries, 2100 South Lake Storey Road P.O. Box 2110, Galesburg, 61402-2100; Phone 309/344-2451.

 

4)         Veterinarian Chief, Bureau of Animal Health, Division of Animal Industries, Agriculture Building, State Fairgrounds, Post Office Box 19281, Springfield, 62794-9281; Phone 217/782-4944.

 

5)         Veterinarian Chief, Bureau of Animal Welfare, Division of Animal Industries, Agriculture Building, State Fairgrounds, Post Office Box 19281, Springfield, 62794-9281; Phone 217/782-6657.

 

6)         Supervisor, State-Federal Serology Laboratory, Division of Animal Industries, Agriculture Building, State Fairgrounds, Post Office Box 19241, Springfield, 62794-9241; Phone 217/782-4790.

 

e)         Branch Offices:

 

1)         Bureau of Animal Welfare, Room 20, 1010 Jorie Blvd., Oak Brook, 60521; Phone 708/990-8258.

 

2)         Meats Chemistry Laboratory, Shattuc Road Centralia, 62801-9284; Phone 618/532-6701.

 

(Source:  Amended at 16 Ill. Reg. 3893, effective February 28, 1992)

 

Section 700.35  Division of Consumer Services

 

a)         The Division of Consumer Services is separated into two bureaus:

 

1)         The Bureau of Meat and Poultry Inspection licenses and inspects all establishments throughout the State that slaughter and process meat or poultry and meat and poultry products for intrastate sale.  The Bureau also inspects federally licensed establishments under the Talmadge-Aiken Act for interstate shipment of meat and poultry and meat and poultry products.  The compliance and enforcement section is responsible for investigating establishments, premises, vehicles, and products subject to Illinois laws and rules pertaining to animal health, livestock disease control, and the slaughter, processing and identification of meat and poultry and meat and poultry products and initiating court or administrative action when violations of Illinois laws or rules are documented.  On special assignment, personnel perform internal investigations relative to activities of department personnel.

 

2)         The Bureau of Weights and Measures is responsible for a wide range of programs designed to protect Illinois citizens.  The Bureau provides for inspection of weighing and measuring devices.  The Bureau contains a metrology lab which maintains the State of Illinois standards against which all weighing and measuring devices in the State must be calibrated.  Sampling and analysis of motor fuels are made in accordance with the Motor Fuel and Petroleum Standards Act.  Produce and prepack inspections are conducted to determine whether the label on the packaged item and the contents are in agreement or whether the advertised grade and weight of the product are correct.  The Bureau inspects and licenses egg producers and egg breaking establishments as well as licenses merchants dealing in fresh fruits and vegetables.

 

b)         Addresses and phone number of the Division of Consumer Services:

 

1)         Superintendent, Division of Consumer Services, Department of Agriculture, Agriculture Building, State Fairgrounds, Post Office Box 19281, Springfield, 62794-9281; Phone 217/782-3817.

 

2)         Veterinarian Chief, Bureau of Meat and Poultry Inspection; Phone 217/782-6684.

 

3)         Bureau Chief,  Bureau of Weights and Measures; Phone 217/782-3817.

 

c)         Branch Offices:

 

1)         Region I, Bureau of Meat and Poultry Inspection, 1010 Jorie Boulevard, Room 20, Oak Brook, 60521; Phone 708/990-8259.

 

2)         Region II, Bureau of Meat and Poultry Inspection, 2022 Sycamore Road, Suite C, DeKalb, 60115; Phone 815/756-8579.

 

3)         Region III, Bureau of Meat and Poultry Inspection, 2100 South Lake Storey Road, P.O. Box 2110X, Galesburg, 61402-2100; Phone 309/344-1925.

 

4)         Region IV, Bureau of Meat and Poultry Inspection, Agriculture Building, State Fairgrounds, P.O. Box  19281, Springfield, 62794-9281; Phone 217/785-4753.

 

5)         Region V, Bureau of Meat and Poultry Inspection, Shattuc Road, Centralia, 62801-9284; Phone 618/532-6705.

 

(Source:  Added at 16 Ill. Reg. 3893, effective February 28, 1992)

 

Section 700.40  Division of Marketing and Promotion

 

a)         The Division of Marketing and Promotion is comprised of four bureaus.

 

1)         The Bureau of Market Development and Information consists of two sections:

 

A)        The Market News Section includes the Illinois Federal-State Livestock Market News Service, the Federal-State Grain Market News Service, and transportation assistance to market agricultural products. Daily, weekly and monthly "Market News" reports are issued.

 

B)        The Market Service Section develops new marketing opportunities and conducts research aimed at increasing the profitability of agribusinesses.  This section administers domestic market development and commodity promotional programs which are designed to assist both buyers and sellers of Illinois agricultural products in increasing their markets and in enhancing the image of Illinois agriculture.  The Feeder Pig Grading Program is implemented by this Section under cooperative agreement with the United States Department of Agriculture.  This Section implements various industry development campaigns in an effort to attract new companies or expand existing companies.

 

2)         The Bureau of Agricultural Statistics is a cooperative effort with the National Agricultural Statistics Service of the United States Department of Agriculture and is responsible for the collection and distribution of basic agricultural statistics for Illinois.

 

A)        Weekly reports issued:  Weather and crop reports (April through November).

 

B)        Monthly reports on:  Agricultural prices; field crop yields and production forecasts during the growing season; milk production; livestock slaughtered; and apple and peach production forecasts during the growing season.

 

C)        Quarterly releases on:  Cattle on feed; grain stocks; hog inventory and pig crop; egg production; farm labor; and wage rates.

 

D)        Annual or semi-annual reports issued cover:  Cattle inventory and calf crop; commercial fertilizer sales; poultry inventory; manufactured dairy products; timber prices; prospective plantings (planted and acreage for harvest); and processing and major fresh market vegetable production.

 

E)        "Annual Summary of Illinois Agricultural Statistics" includes all regularly published series of State estimates and estimates by counties, information on farm numbers, crop acreages, land utilization, livestock numbers, and cash receipts for crops and livestock by county.

 

F)         Special releases are also issued from time to time.  A list of reports published by this Bureau and their content is available on request.

 

3)         The Bureau of International Marketing conducts promotional activities and programs within the state and in foreign markets to increase sales of Illinois food and agricultural products worldwide.

 

A)        It operates the Illinois Agricultural Trade Referral Service, a computerized system developed in conjunction with the Agricultural Marketing Service of the United States Department of Agriculture.

 

B)        It publishes the annual "Illinois Food Guide" and "Illinois Agribusiness Guide."

 

C)        It carries on an active schedule of international marketing activities.

 

D)        It provides international business consulting services to client companies.

 

4)         The Bureau of Food Marketing and Promotional Events develops and implements programs which assist Illinois food companies to market and promote their products nationwide.  These programs and events include:

 

A)        Coordination of trade shows and exhibits which help Illinois companies to introduce their product lines to food buyers.

 

B)        Organization of in-store promotions, menu promotions, and other promotional activities which encourage Illinois consumers to purchase Illinois produced products.

 

C)        Coordination of the Illinois Product Evaluation program, a market research program which assists Illinois food companies to obtain valuable consumer feedback about their product lines.

 

D)        Publication and distribution of a variety of special guides and directories which educate consumers and food buyers on specific aspects of the illinois food industry.

 

E)        Organization of awareness programs which educate consumers about food safety and nutritional issues.

 

F)         In addition, the bureau also develops materials and coordinates events which educate Illinois consumers about the Illinois Department of Agriculture and its services.

 

b)         Addresses and phone numbers for the Division of Marketing and Promotion:

 

1)         Superintendent, Division of Marketing and Promotion, Department of Agriculture, Agriculture Building, State Fairgrounds, Post Office Box 19281, Springfield, 62794-9281; Phone 217/782-6675.

 

2)         Bureau of Agricultural Statistics; Phone 217/492-4295.

 

3)         Bureau of Market Development and Information; Phone 217/782-6675.

 

4)         Bureau of International Marketing; Phone 217/782-6675.

 

5)         Bureau of Food Marketing and Promotional Events; Phone 217/782-6675.

 

c)         Branch Offices:   Market News Branch, National Stockyards, National City, 62071; Phone 618/271-6658.

 

d)         Overseas Offices:

 

1)         BRUSSELS, State of Illinois European Office, Illinois Department of Agriculture, 28-30 Boulevard de la Cambre, BTE 2, 1050 Brussels, Belgium; Phone 011.32.2.646.57.30.

 

2)         State of Illinois Canadian Office, 123 Front Street W., Suite 900, Toronto, Ontario M5I 2M2, Canada; Phone 416/365-9888.

 

3)         HONG KONG, Illinois Far East Office, Illinois Department of Agriculture, 1305 Sincere Building, 173 Des Voeux Road (Central), Hong Kong; Phone 011.852.5.451099.

 

4)         Officina Del Estado De Illinois, Paseo de la Reforma No. 450-Piso 4, 06600 Mexico, D.F.; Phone 011.525.208.4185 or 208.2058; Fax 011.525.511.2084.

 

5)         Illinois Department of Agriculture (Soviet Union Office), World Trade Center, 321 N. Clarke Street, Suite 550, Chicago 60610; Phone 312/793-4915.

 

(Source:  Amended at 16 Ill. Reg. 3893, effective February 28, 1992)

 

Section 700.50  Division of Agricultural Industry Regulation

 

a)         The Division of Agricultural Industry Regulation is separated into two bureaus:

 

1)         The Bureau of Agricultural Products Inspection provides regulation and consumer protection pertaining to animal feeds, fertilizers, soil amendments, seeds, and anhydrous ammonia products.  The Bureau maintains registrations of products and facilities associated with these agricultural products.  Required labeling information is reviewed for each product to assure that guarantees and product identity are truthfully labeled for the consumer.  Samples for these products are obtained by inspectors from various sources and analyzed to assure that stated guarantees are met.  The Bureau contains a chemistry laboratory and a seed laboratory which provide laboratory support to the Bureau's activities. The chemistry laboratory analyzes samples of products to assure that legal requirements are maintained and that guarantees to the consumer are correct. The seed laboratory conducts tests on official seed samples submitted by field staff and performs consumer service seed testing for the public.

 

2)         The Bureau of Warehouses licenses and regulates grain dealers, grain warehousemen, personal property warehousemen, agricultural cooperatives and speciality farm product buyers.   The Bureau's duties include protecting consumers, which include farmers, bankers, urban landlords, and the United States Department of Agriculture who store grain in warehouses or who sell grain to grain dealers in the normal course of business.  The Illinois Grain Insurance fund offers protection to consumers who have grain stored in warehouses equal to 100% of the value of the grain.  In the event that consumers have sold grain to grain dealers and have not received payment, the Illinois Grain Insurance fund affords coverage equal to 85% up to a maximum of $100,000 to individual claimants.  The Personal Property Warehouse Act requires the Department to license and regulate warehousemen who store personal property for hire.  These warehouses include household goods warehouses and commercial distribution warehouses.  The bulk of these warehouses are in the Chicago metropolitan area.  The Speciality Farm Product buyers Act is aided at identifying the specialty farm product buyers.  The Bureau performs grain warehouse and grain dealer examinations under a cooperative agreement with the United States Department of Agriculture.

 

b)         Addresses and phone numbers for the Division of Agricultural Industry Regulation:

 

1)         Superintendent, Division of Agricultural Industry Regulation, Department of Agriculture, Agriculture Building, State Fairgrounds, Post Office Box 19281, Springfield, 62794-9281; Phone 217/782-3629.

 

2)         Bureau of Agricultural Products Inspection; Phone 217/782-3817.

 

3)         Bureau of Warehouses; Phone 217/782-2895.

 

(Source:  Amended at 16 Ill. Reg. 3893 effective February 28, 1992)

 

Section 700.60  Division of Fairs and Horse Racing

 

a)         The Division of Fairs and Horse Racing is responsible for the operation of the State Fairs as a showcase for the nation and world to view Illinois agriculture, as a place for industrial, cultural, educational, trade and scientific exhibits, for the promotion of horse racing and other competitive sports, and for the entertainment and enjoyment of the people of the State of Illinois.  The Division is also responsible for promoting the general use of the Fairgrounds and the facilities located on the Fairgrounds year around.

 

1)         Illinois State Fair--schedules and coordinates non-fair activities on the fairground; arranges space rental for Fair and non-fair events; supervises competitive events during the Illinois State Fair and is responsible for the payment of premiums for those events; responsible for providing entertainment at the Illinois State Fair, including Grandstand, free stages and special events; and contracts for and supervises contractual activities providing services to the Fair, including but not limited to, admission and parking.  Publicity and promotion for the Illinois State Fair is initiated in this section.

 

2)         The Bureau of County Fairs administers funds to county fairs, expositions, 4-H Clubs and Vocational Agricultural Section Fairs according to statutory authority.  Each year a "Recapitulation of the Reports of the Fairs" is compiled and published.  Also published is a list of fair dates each season, with the names and addresses of the fair secretaries.

 

3)         The Bureau of Horse Racing is responsible for administering a program designed to increase the quality and number of standardbred and thoroughbred race horses in the state.  Annual reports are issued on the yearly foal registration and on the registration of qualified stallions.

 

4)         Bureau of DuQuoin State Fair--schedules and coordinates non-fair activities on the fairgrounds; arranges space rental for fair and non-fair events; supervises competitive events during the DuQuoin State Fair and is responsible for the payment of premiums for those events; responsible for providing entertainment at the DuQuoin State Fair, including grandstand, free stages and special events; and contracts for and supervises contractual activities providing services to the fair, including but not limited to, admission and parking.  Publicity and promotion for the DuQuoin State Fair is initiated in this bureau.

 

5)         The Bureau of Buildings and Grounds is responsible for the management and maintenance of all buildings and grounds, equipment and security under the control of the Department.

 

b)         Address and phone number for the Division of Fairs and Horse Racing:

 

1)         Superintendent, Division of Fairs and Horse Racing, Department of Agriculture, Emmerson Building, State Fairgrounds, Springfield, 62706; Phone 217/782-6661.

 

2)         Illinois State Fair; Phone 217/782-6661.

 

3)         Bureau of County Fairs; Phone 217/782-7411.

 

4)         Bureau of DuQuoin State Fair, Box 408, DuQuoin, 62832; Phone 618/542-9373.

 

5)         Bureau of Horse Racing; Phone 217/782-4504.

 

6)         Bureau of Buildings and Grounds; Phone 217/782-0789 (Springfield) and 618/542-9797 (DuQuoin).

 

(Source:  Amended at 16 Ill. Reg. 3893, effective February 28, 1992)

 

Section 700.70  Division of Natural Resources

 

a)         The Division of Natural Resources is separated into three bureaus:

 

1)         The Bureau of Environmental Programs regularly surveys for infestations of plant pests and plant diseases and establishes quarantines, cooperates with county weed commissioners to institute weed control programs, inspects and licenses nurseries, inspects horticulture to insure plant health and control diseases, and registers economic poisons.  The Departments of Agriculture and Public Health, each in its jurisdictional area, license and certify persons in Illinois who handle and apply pesticides.   Custom public pesticide applicators are certified and/or licensed, and the pesticide program is administered in accordance with State Federal statutory authority and the Illinois State Plan for Certification of Pesticide Applicators as approved by the Federal Environmental Protection Agency.  The Bureau administers the agrichemical facility containment and groundwater program and provides pesticide laboratory services in support of these and other bureau administered programs.

 

2)         The Bureau of Farmland Protection is responsible for administering the State of Illinois' Farmland Protection Program and the Department's Mined Lands Reclamation Program.  The Bureau analyzes proposed state capital development projects for compliance with the Farmland Preservation Act (Ill. Rev. Stat. 1989, ch. 5, par. 1301 et seq.) to protect Illinois' finite agricultural land base from unnecessary conversion and degradation.  In accordance with the Act, the named ten state agencies were required to adopt agricultural land preservation policies and should plan and implement their projects in a manner which will generate the least amount of adverse impacts upon Illinois' agricultural environment.  The Bureau conducts public informational meetings to inform the general public of the importance of farmland protection and provides technical assistance to landowners and local units of government in the formation of farmland protection programs at the local level.  Additionally, the Bureau works jointly with the Illinois Department of Mines and Minerals in the implementation of the State's Surface Mine Reclamation Program.  Pursuant to an interagency agreement, the Bureau reviews mining permit applications and performs on-site mine inspections to monitor reclamation success. The Bureau assists Mines and Minerals in developing soil restoration standards and formulated the Agricultural Lands Productivity Formula to determine if in fact reclaimed prime farmland has been restored to premining capabilities.  The Bureau samples field crops on reclaimed land to ascertain productivity levels for bond release.

 

3)         The Bureau of Soil Conservation has responsibility for all State soil erosion control program activities and provides education, technical and financial assistance to the 98 Illinois Soil and Water Conservation Districts.  The major activities for the State's soil erosion programs involves:  coordinating a State Erosion and Sediment Control Program, administering a soil conservation cost-share program, administering grants to Districts for office operations and staff salaries, providing public presentations on benefits of soil conservation, assisting private and public organizations and agencies in the development of soil erosion and water quality programs, working with the United States Soil Conservation Service and various state and federal agencies in developing and implementing effective land treatment programs to protect existing soil and water resources, and representing the State in all matters arising from the provisions of the Soil and Water Conservation Districts Act.

 

A)        Providing assistance to the 98 Illinois Soil and Water Conservation Districts involves:  assisting the district directors in carrying out their duties and programs; providing guidance to districts in the management of district personnel; evaluating districts' proposed budgets and special project proposals; providing training sessions and exchanges of ideas between districts; establishing rules and procedures for district referendums and hearings; supervising district director elections; and considering, reviewing, and expressing opinions on any rules, regulations, ordinances, or other actions of district directors.

 

B)        In addition to soil and water conservation programs, the Bureau administers the Water Use Act of 1983, the modern soil survey program, and the Sustainable Agriculture program.  The Water Use Act of 1983 authorizes the Department to better manage and, in four counties, restrict groundwater withdrawals.  The modern soil survey program is a state, federal and local cost-share program for mapping of all soils of the state by county.  The Sustainable Agriculture program encourages practices that result in environmentally safe and profitable agricultural production.

 

b)         Address and phone number of the Division of Natural Resources:

 

1)         Superintendent, Division of Natural Resources, Department of Agriculture, Agriculture Building, State Fairgrounds, Post Office Box 19281, Springfield, 62794-9281; Phone 217/782-6297.

 

2)         Bureau of Environmental Programs; Phone 785-2427.

 

3)         Bureau of Farmland Protection; Phone 782-6297.

 

4)         Bureau of Soil Conservation; Phone 782-6297.

 

c)         Branch Office:

 

            Bureau of Environmental Programs, 1010 Jorie Boulevard, Oak Brook, Illinois 60521; Phone 312/990-8256.

 

(Source:  Amended at 16 Ill. Reg. 3893, effective February 28, 1992)

 

Section 700.80  Statutorily Established Advisory Boards and Committees

 

a)         The following boards are statutorily established in the Department of Agriculture:

 

1)         Board of Agricultural Advisors is established and its membership stated in Section 6.01 of The Civil Administrative Code of Illinois (Ill. Rev. Stat. 1987, ch. 127, par. 6.01) for the purpose of advising the Department on agricultural-related matters.

 

2)         Advisory Board of Livestock Commissioners is established and its membership and duties listed in Section 6.01 of The Civil Administrative Code of Illinois (Ill. Rev. Stat. 1987, ch. 127, par. 6.01).

 

3)         Agricultural Export Advisory Committee, in cooperation with the Department of Commerce and Community Affairs, is established in Section 6.01a of The Civil Administrative Code of Illinois (Ill. Rev. Stat. 1987, ch. 127, par. 6.01a). This board promotes the exporting of agricultural products.

 

4)         Soil and Water Conservation Districts Advisory Board is established and its membership stated in Section 4 of the Soil and Water Conservation Districts Act (Ill. Rev. Stat. 1987, ch. 5, par. 109).  This board advises the Department in establishing policy for administering the Act.

 

5)         Interagency Committee on Pesticides is established, its duties enumerated, and its membership stated in Section 19 of the Illinois Pesticide Act of 1979 (Ill. Rev. Stat. 1987, ch. 5, par. 819).

 

6)         The Swine Disease Control Committee is established and its membership stated in Section 2 of "An Act in relation to research upon the cause, transmission, treatment and control of transmissible gastroenteritis and other diseases of swine and livestock and make an appropriation therefor" (Ill. Rev. Stat. 1987, ch. 8, par. 204).  The purpose of this committee is to keep the industry informed of livestock research projects, cooperative programs with the U.S. Government and to give the Department advice on problems in the livestock disease area.

 

7)         Cattle Disease Research Committee is established and its membership stated in Section 2 of "An Act in relation to research upon the cause, transmission, treatment and control of transmissible gastroenteritis and other diseases of swine and livestock and make an appropriation therefor" (Ill. Rev. Stat. 1987, ch. 8, par. 204).  The purpose of this committee is to keep the industry informed of livestock research projects, cooperative programs with the U.S. Government and to give the Department advice on problems in the livestock disease area.

 

8)         Illinois Thoroughbred Breeders Fund Advisory Board is established and its membership listed in Section 30 of the Illinois Horse Racing Act of 1975 (Ill. Rev. Stat. 1987, ch. 8, par. 37-30).  This board offers advice and assistance to the Department in the administration of the thoroughbred horse breeding and racing program.

 

9)         Illinois Standardbred Breeders Fund Advisory Board is established and its membership listed in Section 31 of the Illinois Horse Racing Act of 1975 (Ill. Rev. Stat. 1987, ch. 8, par. 37-31).  This board offers advice and assistance to the Department in the administration of the standardbred horse breeding and racing program.

 

10)        Board of State Fair Advisors is established and its membership listed in Section 8 of the State Fair Act (Ill. Rev. Stat. 1987, ch. 127, par. 1708). The purpose of this board is to advise the Department on matters concerning the State Fairs.

 

11)        The Aquaculture Industry Advisory Committee is established and its membership and duties are listed in Section 6 of The Aquaculture Development Act (Ill. Rev. Stat. 1987, ch. 5, par. 2306).

 

12)        The Pseudorabies Advisory Committee is established and its membership is listed in Section 5.1 of the Illinois Pseudorabies Control Act (Ill. Rev. Stat. 1987, ch. 8, par. 805.1).  This committee will advise the Director on the pseudorabies control program.

 

13)        A Technical Committee (Pseudorabies) is established and its membership and duties are listed in Section 5.1 of the Illinois Pseudorabies Control Act (Ill. Rev. Stat. 1987, ch. 8, par. 805.1).

 

14)        A Pseudorabies Depopulation Board is established and its membership and duties are listed in Section 5.1 of the Illinois Pseudorabies Control Act (Ill. Rev. Stat. 1987, ch. 8, par. 805.1).

 

15)        A Fertilizer Research and Education Council is established and its membership and duties are listed in Section 6a of the Illinois Fertilizer Act of 1961 (Ill. Rev. Stat. 1987, ch. 5, par. 55.6a, as amended by P.A. 86-232, effective August 15, 1989).

 

b)         Persons desiring to contact an advisory board or committee may do so by writing to the board or committee, c/o Illinois Department of Agriculture, Agriculture Building, State Fairgrounds, Post Office Box 19281, Springfield, 62794-9281.

 

(Source:  Amended at 14 Ill. Reg. 584, effective December 27, 1989)

 

Section 700.100   Illinois Department of Agriculture Organization Chart

 

(Source:  Amended at 16 Ill. Reg. 3893, effective February 28, 1992)

 

Section 700.110  Information About Programs, Activities, Laws and Rules

 

a)         A person may obtain information concerning the Department's programs, activities, laws and rules and regulations by writing or calling the offices of the Director or the offices of the Superintendents of the various divisions charged with the enforcement of a specific law or program.  The addresses and telephone numbers are listed in Subpart A of the rules of this Part.

 

b)         Freedom of information requests for access to or copies of Department records shall be submitted in accordance with The Freedom of Information Act (Ill. Rev. Stat. 1985, ch. 116, par. 201 et seq.) and the Freedom of Information rules (2 Ill. Adm. Code 701).

 

(Source:  Amended at 10 Ill. Reg. 13168, effective July 25, 1986)

 

Section 700.120  Information on Employment

 

A person may obtain information on employment opportunities with the Department of Agriculture by writing or calling the Personnel Office, Department of Agriculture, State Fairgrounds, Springfield, Illinois 62794-9281;  Phone 217/782-2172.

 

(Source:  Amended at 10 Ill. Reg. 13168, effective July 25, 1986)

 

Section 700.130  Code Indicating Administrative Enforcement

 

Administrative enforcement for acts administered by the Department of Agriculture as listed in Section 700.140 is indicated according to organizational functions as follows:

 

a)         "CS" means the Division of Consumer Services.

 

b)         "AIR" means the Division of Agricultural Industry Regulation.

 

c)         "MKT" means the Division of Marketing and Promotion.

 

d)         "AI" means the Division of Animal Industries.

 

e)         "FHR" means the Division of Fairs and Horse Racing.

 

f)         "NR" means the Division of Natural Resources.

 

g)         "OC" means the Office of the Director.

 

(Source:  Amended at 16 Ill. Reg. 3893, effective February 28, 1992)

 

Section 700.140  Statutes Administered by the Department of Agriculture

 

Statutes administered by the Department of Agriculture are as follows:

 

Statute	Ill. Rev. Stat. Chapter – Paragraph (et seq.)		Administered By
AN ACT concerning use of State funds to strengthen the production agriculture programs in Illinois	5	2551	OD
Agricultural Cooperative Act	32	440	AIR
Agricultural Fairs Act	85	651	FHR
Agricultural Foreign Investment Disclosure Act	5	601	MKT
Agricultural Statistics Act	5	90b	MKT
Animal Control Act	8	351	AI
Animal Research and Production Facilities Protection Act	8	751	AI
Animal Welfare Act	8	301	AI
Animals Intended for Food Act	8	106	CS
Apple and Peach Marketing Act	5	351	MKT
Aquaculture Development Act	5	2301	MKT
Bees and Apiary Act	8	124	AI
Bovine Brucellosis Eradication Act	8	134	AI
Bovine Tuberculosis Eradication Act	8	87	AI
Civil Administrative Code of Illinois, The	127	1
(Creation of the Department)		3
(Powers of the Department)		40
(Trust Funds)		40.7	OD
(Centennial Farm Sign Program)		40.7	MKT
Commission Merchants Regulation Act	111	101	CS
Control of Bird Pests, Rodents and Predatory Animals Act	8	231	AI
Dairy Statistics Act	5	90i	MKT
Egg Market Development Act	5	501	MKT
Farmland Preservation Act	5	1301	NR
Feeding of Garbage to Swine Act	8	211	AI
Food, Drug and Cosmetic Act (as it			AIR AND
pertains to the Department of Agriculture)	56½	501	CS
Freedom of Information Act, The	116	201	OD
Gastroenteritis and Other Diseases of Swine and Livestock Act	8	203	AI
Genetically Engineered Organisms (notification and review of the release into the environment)	111½	7601	NR
Grain Dealers Act	111	301	AIR
Hatcheries, Poultry Flocks and the Produce Thereof Law	8	131	AI
Horse Meat Act	56½	240	AI & CS
Humane Care for Animals Act	8	701	AI & CS
Humane Slaughter of Livestock Act	8	229.51	AI
Illinois Brand Act	8	33.61	CS
Illinois Conservation Enhancement Act	5	2401-1	NR
Illinois Commercial Feed Act of 1961	56½	66.1	AIR
Illinois Corn Marketing Act	5	701	MKT
Illinois Dead Animal Disposal Act	8	149.1	AI
Illinois Diseased Animals Act	8	168	AI
Illinois Egg and Egg Product Act	56½	55-1	CS
Illinois Equine Infectious Anemia Control Act	8	951	AI
Illinois Feeder Swine Dealer Licensing Act	111	201	AI
Illinois Fertilizer Act of 1961	5	55.1	AIR & NR
Illinois Grain Insurance Act, The	114	701	AIR
Illinois Grain Quality Program Act of 1988	5	2451	MKT
Illinois Horse Racing Act of 1975	8	37-1	FHR
Illinois Noxious Weed Law	5	951	NR
Illinois Pesticide Act of 1979	5	801	NR
Illinois Pseudorabies Control Act	8	801	AI
Illinois Refrigerated Warehouse Act	56½	79.1	AI & CS
Illinois Seed Law	5	401	AIR
Illinois Sheep and Wool Production Development and Marketing Act	5	1501	MKT
Illinois Swine Brucellosis Eradication Act	8	148f	AI
Illinois Swine Disease Control and Eradication Act	8	501	AI
Illinois Trichinosis Control Act	5	1801	AI
Insect Pest and Plant Disease Act	5	61	NR
Inspection and Standardization			AIR, MKT
of Farm Products Act	5	92	and IA
Laboratories Act	8	105.11	AI
Lawn Care Products Application and Notice Act	5	851	NR
Livestock Auction Markets Law	121½	208	AI
Livestock Dealers Licensing Act	111	401	AI
Marketing Fresh Fruits and Vegetables Act	5	139	CS
Meat and Poultry Inspection Act	56½	301	CS
Motor Fuel Standards Act	5	1701	CS
Ownership of Agricultural Land by Certain Corporations, Partnerships and Trusts	5	2101	MKT
Personal Property Warehouse Act	111⅔	119	AIR
Pest Control Compact	5	281	NR
Public Grain Warehouse and Warehouse Receipts Act	114	214.1	AIR
Rural Rehabilitation Act	127	42a3	OD
Sale of Meat and Meat Products Act (Kosher Meat Act)	56½	288.1	CS
Sanitary Inspection Act (insofar as it relates to establishments defined in Para. (e) of Section 2 of "The Meat and Poultry Inspection Act")	56½	67	CS
Seed Arbitration Act	P.A. 87-186		AIR
Slaughter Livestock Buyer Act	111	501	AI
Soil Amendments Act	P.A. 87-394		AIR
Soil and Water Conservation Districts Act	5	106	NR
Soil Conservation and Domestic Allotment Act	5	138a	NR
Soybean Marketing Program Law	5	551	MKT
Specialty Farm Product Buyers Act	P.A. 87-171		AIR
State Fair Act	127	1701	FHR
Sustainable Agricultural Act	5	2651	NR
Water Use Act of 1983	5	1601	NR
Weights and Measures Act	147	101	CS

 

(Source:  Amended at 16 Ill. Reg. 3893, effective February 28, 1992)

 

Section 700.150  Rules and Regulations Promulgated by the Department of Agriculture

 

Rules have been adopted by the Department of Agriculture and filed in accordance with the Illinois Administrative Procedure Act as follows:

 

 

	Ill. Administrative Code
Rules Relating To:	Title	−		Part
Administrative Rules (Formal Administrative Hearings; Contested Cases; Petitions; Administrative Procedures)	8		1
Agrichemical Facilities	8		255
Agricultural Foreign Investment Disclosure Act	8		800
Anhydrous Ammonia, Low Pressure Nitrogen Solutions, Equipment, Containers and Storage Facilities	8		215
Animal Control Act	8		30
Animal Diagnostic Laboratory Act	8		110
Animal Welfare Act	8		25
Bees and Apiary Act	8		60
Bovine Brucellosis	8		75
Bovine Tuberculosis Eradication Act, Illinois	8		80
Civil Administrative Code (Collection and Control of Surety Bonds, Certificates of  Deposits, and Grain and Other Assets)	8		3
Commercial Feed Act, Illinois	8		200
Dead Animal Disposal Act, Illinois	8		90
Department of Agriculture (Organizational Chart, Description, Rulemaking Procedure, and Programs)	2		700
Definitions (for various acts)	8		20
Diseased Animals	8		85
Egg and Egg Products Act, Illinois	8		65
Fairs Operating Under the Agricultural  Fairs Act	8		260
Farmland Preservation Act	8		700
Feeder Swine Dealer Licensing Act	68		210
Freedom of Information Act	2		701
Grain Dealers Act	68		215
Hatcheries, Poultry Flocks and Produce  Thereof	8		55
Horsemeat	8		70
Humane Care for Animals Act	8		35
Humane Slaughter of Livestock Act	8		50
Illinois Fertilizer Act of 1961	8		210
Illinois Grain Insurance Act	8		285
Illinois Noxious Weed Law	8		220
Illinois Pesticide Act of 1979	8		250
Illinois Pseudorabies Control Act	8		115
Illinois Seed Law	8		230
Illinois State Fair and DuQuoin State  Fair, Non-Fair Space Rental and the General Operation of the State Fairgrounds	8		270
Insect Pest and Plant Disease Act	8		240
Livestock Auction Markets	8		40
Livestock Dealers Licensing Act	68		220
Marketing Center (Livestock)	8		45
Meat and Poultry Inspection Act	8		125
Motor Fuel Standards Act	8		850
Public Grain Warehouse and Warehouse  Receipts Act	8		505
Refrigerated Warehouses Act	8		515
Soil and Water Conservation Districts Act	8		650
Standardbred and Thoroughbred Horse  Breeding and Racing Programs, Illinois	8		290
Standardization of Agricultural Products  (Grading of Meat and Poultry; Feeder Pig Grading Program; Inspection and Grading of  Fresh Fruits and Vegetables)	8		5
Swine Brucellosis	8		100
Swine Disease Control and Eradication Act	8		105
Water Use Act	8		675
Weights and Measures Act	8		600

 

(Source:  Amended at 15 Ill. Reg. 6105, effective April 16, 1991)

 

Section 700.160  General, Emergency, and Peremptory Rules; Internal Rules (Agency's Organization, Description and Rulemaking Procedures)

 

a)         The issuance, amendment or revocation of any rule shall be initiated by filing a notice in the Illinois Register in accordance with the procedure set forth in Section 5-40 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-40).

 

b)         Emergency and peremptory rulemaking shall be in accordance with the procedure set forth in Sections 5-45 and 5-50 of the Illinois Administrative Procedure Act.

 

c)         Section 5-15 of the Illinois Administrative Procedure Act requires each agency to maintain a description and organization chart, information on the agency's programs, a listing of the agency's rules, and a description of the rulemaking process.  The rules required by this Section may be adopted, amended, or repealed by filing a certified copy with the Secretary of State as provided by paragraphs (a) and (b) of Section 5-65 and may become effective immediately (quoted from Section 5-15 of the Illinois Administrative Procedure Act).

 

(Source:  Amended at 10 Ill. Reg. 13168, effective July 25, 1986)

 

Section 700.170  Public Participation and Comments

 

a)         Except for emergency, peremptory or rules required by Section 5-15 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars. 1005-15, 1005-45, and 1005-50) the Director shall utilize one of the following procedures in seeking public comments when proposing rules, amendments or repealers:

 

1)         A public hearing before the Director or his/her authorized representative.

 

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

 

3)         A written comment period (no public hearing is held).

 

b)         The Director may propose alternative rules or proposals in order to obtain comments on the different proposals.

 

(Source:  Amended at 10 Ill. Reg. 13168, effective July 25, 1986)

 

Section 700.180  Consideration of Rules by Advisory Boards

 

a)         The Director may publish in the Illinois Register any rulemaking proposal prior to notifying members of an advisory board or committee who are statutorily mandated to approve such rules prior to their adoption.

 

b)         If a departmental or statutorily established advisory board or committee is to consider a rulemaking proposal, the notice of proposed rulemaking published in the Illinois Register will so state and give the date, time and place where the board or committee will consider the proposal.

 

c)         The Department may conduct a public hearing on the proposal to be held concurrently with a public meeting of a statutorily established or a departmental advisory board or committee.

 

d)         Any rulemaking proposal relative to pesticides and the application thereof shall be submitted to and be approved by the Interagency Committee on Pesticides.  Any rulemaking proposal recommended by the Interagency Committee on Pesticides shall be submitted to the Department of Agriculture within 10 days of the date the proposal is adopted.  As soon as is reasonably possible following receipt of the proposal, the Department shall initiate the rulemaking process in accordance with the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-40, 1005-45 or 1005-50).

 

e)         Any rulemaking proposal pertaining to the prevention, elimination and control of diseases of domestic animals and poultry shall be submitted to and be approved by the Advisory Board of Livestock Commissioners.  Any rulemaking proposal recommended by the Advisory Board of Livestock Commissioners shall be submitted to the Department of Agriculture within 5 days of the date the proposal is adopted.  As soon as is reasonably possible following receipt of the proposal, the Department shall initiate the rulemaking process in accordance with the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-40, 1005-45 or 1005-50).

 

f)         A departmental advisory board or committee or a statutorily established advisory board or committee shall submit to the Department its rulemaking recommendation within 10 days of the date the proposal is adopted.  As soon as is reasonably possible following receipt of the proposal, the Department shall initiate the rulemaking process in accordance with the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-40, 1005-45 or 1005-50).

 

(Source:  Amended at 10 Ill. Reg. 13168, effective July 25, 1986)

 

Section 700.190  Public Comment Period; Submission of Written Comments; Extending the Public Comment Period

 

a)         Written comments on any rulemaking proposal shall be considered as submitted on the date on which they are postmarked, or if delivered in person during regular business hours (8 a.m. to 5 p.m.), on the date on which they are so delivered.

 

b)         All comments shall be mailed or delivered in person in accordance with the notice published in the Illinois Register.  The Department will request mailed comments to be postmarked several days in advance of a public hearing in order to guarantee their receipt for discussion at the public hearing.

 

c)         The submission of comments shall not mean or imply that it contains reasonable grounds for the action requested or that the action requested is in accordance with law.

 

d)         Any person may request the Director or his/her authorized representative to extend the time period for submitting comments on any rulemaking proposal by making a written or oral request prior to the conclusion of the public comment period on the proposal stating the reasons for the request.  The Director or his/her authorized representative may extend the public comment period for a period of time not to exceed 14 days.  An extension of the time period shall be granted for a person to obtain documents supporting his/her position on the proposal and transmit such documents to the Department.  An extension of time to comment shall be limited to the person who has made and justified such a request.  The Director or his/her authorized representative may extend the public comment period on any rulemaking proposal if due to unforeseen developments (weather conditions) the public was unable to testify at a public hearing.

 

e)         The public comment period shall commence and expire in accordance with the provisions of Section 5-40 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-40).

 

(Source:  Amended at 10 Ill. Reg. 13168, effective July 25, 1986)

 

Section 700.200  Public Hearing Procedure

 

a)         The Director or his/her authorized representative shall state at the beginning of the public hearing the manner in which the hearing will be conducted.  When an advisory board or committee is present, its members are permitted to ask questions of the public and those testifying.  According to the number of people wishing to testify, the time the hearing starts, weather conditions, and other commitments of Department personnel, the hearing officer may set time limits for submitting oral testimony and may request interested persons to register as a proponent or opponent and testify in that order so that persons representing a particular stand on the rule can present their comments sequentially in order to make consideration of the rule easier.  The hearing officer shall, upon request, vary the order in which persons will testify for the convenience of witnesses who have time constraints.

 

b)         Any person may submit written comments or suggest changes to any rulemaking proposal to the Director or his/her authorized representative at a public hearing without registering to testify.  Such comments shall be signed by the person making the submission or by an attorney or other authorized representative on the person's behalf.  Written comments need not be presented in a particular form.

 

c)         The Department shall record the minutes of the public hearing stenographically or by such other means as to adequately insure the preservation of the minutes.

 

d)         Any person requesting time to make an oral presentation of any rulemaking proposal 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 hearing examiner determines the hearing could best expedited by other means as stated in Section 700.200(a). The Director or his/her authorized representative shall ban a person from testifying if such person failed to register for any reason and because of the time of day, weather conditions, or other commitments of Department personnel, the hearing would have to be closed.

 

e)         A person may represent an association, organization or other such group or an individual who is unable to attend a public hearing.  The Director or his/her authorized representative shall request such person to present proof indicating that person has authority to represent the association, organization or another individual when Department personnel are not familiar with the person.  Proof means a letter, affidavit or verbal verification from an officer of the organization or person being represented.

 

(Source:  Amended at 10 Ill. Reg. 13168, effective July 25, 1986)

 

Section 700.210  Director's Decision

 

Following conclusion of the public comment period, the Director shall review and decide whether to accept any recommendations made by the public.  The Director's decision on any rulemaking proposal shall be based upon the administrative record and file on the proposal.  If a statute conferring power on the Department requires that rules governing certain matters must be submitted to and be approved by a statutorily established board or committee, the Director's decision on a proposed rule, amendment or repealer will conform with such approval or recommendation (see Section 700.80(a)(2) and (5)).  The Director's decision shall be made within a reasonable period of time following the close of the public comment period and notice that will initiate the second review period shall be given to the Joint Committee on Administrative Rules in accordance with Section 5-40 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-40).

 

(Source:  Amended at 10 Ill. Reg. 13168, effective July 25, 1986)

 

Section 700.220  Second Review Period; Final Disposition of Rulemaking Proposal

 

The Department shall provide the Joint Committee on Administrative Rules an opportunity to comment on the rulemaking proposal.  This second comment period shall commence and expire in accordance with Section 5-40 of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1005-40).  As soon as is reasonably possible following the expiration of the second comment period the Director shall file the adopted proposal with the Secretary of State and publish in the Illinois Register a notice of the final disposition regarding the rulemaking in accordance with Sections 5-65 and 5-70  of the Illinois Administrative Procedure Act.  If a statement of objection is issued by the Joint Committee on Administrative Rules, the procedures set forth in Section 5-110 or 5-115 of the Illinois Administrative Procedure Act shall apply.

 

(Source:  Amended at 10 Ill. Reg. 13168, effective July 25, 1986)

 

Section 700.230  Computing Time

 

Saturdays, Sundays and legal holidays commenting for the State of Illinois shall be included in computing the time for comenting on a rulemaking proposal, 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.  This rule is applicable for computing all time periods established in these rules.

 

(Source:  Amended at 10 Ill. Reg. 13168, effective July 25, 1986)

 

Section 700.240  Interested Person May Request Rulemaking

 

Any person may request the Department to initiate a rulemaking proposal by submitting his/her request in the form of a petition (see 8 Ill. Adm. Code 1.200).  Thirty days from the date of receipt shall be allowed for agency consideration of the request.  If the agency decides to initiate the proposal, it shall as soon as is reasonably possible begin the rulemaking process (see Section 700.160).

 

(Source:  Amended at 10 Ill. Reg. 13168, effective July 25, 1986)

 

Section 700.300  General Rulemaking Initiated by Department

 

Illinois Register notice

 

Public Comment

(comment period as set forth in Section

5-40 of the Illinois Administrative Procedure Act)

 

Joint Committee on Administrative Rules

(up to 45 days allowed for JCAR review; see Section 700.220)

 

Secretary of State

(filing of adopted rules and publication in the Illinois Register)

 

(Source:  Amended at 10 Ill. Reg. 13168, effective July 25, 1986)

 

Section 700.310  Rulemaking Requested by Advisory Board or Committee

 

Advisory Board or Committee

(5 or 10 days from date of adoption for transmittal of proposal

to agency; see Section 700.180)

 

Department of Agriculture

(agency to initiate rulemaking; see Section 700.180)

 

Illinois Register notice

 

Public Comment

(comment period as set forth in Section 5-40 of

the Illinois Administrative Procedure Act)

 

Joint Committee on Administrative Rules

(up to 45 days allowed for review by JCAR; see Section 700.220)

 

Secretary of State

(filing of adopted rules and publication in the Illinois Register)

 

(Source:  Amended at 10 Ill. Reg. 13168, effective July 25, 1986)

 

Section 700.320  Emergency or Peremptory Rulemaking by Department

 

Department of Agriculture

 

Illinois Register notice

(see Section 700.160; notice that emergency or peremptory rules

have been filed with the Secretary of State shall appear

in the Illinois Register)

 

Secretary of State

(adopted rules are filed; emergency rules are effective for

no longer than 150 days)

 

Joint Committee on Administrative Rules

(JCAR shall review emergency and peremptory rulemaking in accordance

with their authority under the Illinois Administrative Procedure Act

(Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.)

 

(Source:  Amended at 10 Ill. Reg. 13168, effective July 25, 1986)

 

Section 700.APPENDIX A  Marketing Program For Illinois Apples and Peaches (Repealed)

 

(Repealed at 24 Ill. Reg. 1564, effective January 12, 2000)

Section 700.APPENDIX B  Marketing Program For Illinois Corn and Corn Products

 

Agency Note:  Section 7 of the "Illinois Corn Marketing Act" [505 ILCS 40/7] requires any corn marketing program that is approved by Illinois corn producers through referendum to be filed by the Department of Agriculture as provided in Section 5-65 of the "Illinois Administrative Procedure Act" [5 ILCS 100/5-65].  The filing of the adopted program is exempt from the rulemaking requirements of Sections 5-35 and 5-40 of the Illinois Administrative Procedure Act and the program is exempt from review under Sections 5-100, 5-105, 5-110, 5-120, 5-125 and 5-130 of the Illinois Administrative Procedure Act.  On December 29, 1982, a Marketing Program for Illinois Corn and Corn Products was approved through referendum.

 

ARTICLE I

 

PURPOSE:

 

This program is developed not to increase production but to enable Illinois corn producers to coordinate more effectively the maintenance and development of markets for corn and corn products; to provide for the needed utilization research; to develop new uses for corn and corn products; and to provide for more efficient and economical markets.

 

To accomplish this objective, it is essential to provide procedures for the development of new and larger markets for corn; to provide procedures to engage in research directed toward more efficient utilization of corn; to provide procedures to support worldwide market development programs and cooperate with other states, organizations, agencies and persons in market development, market information, and research programs; and to provide procedures to elect an initial producer board and its successors to operate this program.

 

ARTICLE II

 

AUTHORITY:

 

This marketing program for Illinois corn and its procedures is established pursuant to the Illinois Corn Marketing Act [505 ILCS 40].

 

ARTICLE III

 

PROGRAM EXTENT:

 

 

All producers of corn in Illinois are qualified to participate and all corn sold to a first purchaser is subject to the program.

 

ARTICLE IV

 

DEFINITIONS:

 

Terms used in this marketing program shall be defined in the Act and as follows unless context clearly requires otherwise:

 

(a)        "Act" means the Illinois Corn Marketing Act [505 ILCS 40].

 

(b)       "'Corn' means and includes all kinds of varieties of corn (excluding popcorn and sweet corn) grown in this State and marketed and sold as corn by the producer."¹

 

(c)        "'Person' means any natural person, partnership, corporation, society, association, representative or other fiduciary."¹

 

(d)       "Producer" means any person engaged in this State in the business of producing and marketing corn and who is effected by this program by virtue of having the first rights of ownership in any corn for which payment is received at the first point of sale.

 

(e)        "'First Purchaser' means any person who resells corn purchased from a producer or offers for sale any product produced from such corn for any purpose."¹

 

(f)        "'Market Development' means to engage in research and educational programs directed toward better and more efficient utilization of corn; to provide methods and means for the maintenance of present markets; for the development of new and larger domestic and foreign markets."¹

 

(g)        "Corn Marketing Program" means the program established under the authority of the Corn Marketing Act and approved by the corn producers.

 

(h)        "Corn Marketing Board" means the board established by any corn marketing program to administer a corn marketing program.

 

(i)         "'Director' means the Director of the Department of Agriculture of the State of Illinois."¹

 

(j)         "'Department' means the Department of Agriculture of the State of Illinois."¹

 

(k)        "'Bushel' means 56 pounds of corn by weight."¹

 

(l)         "District" means the geographical divisions of the State established pursuant to this marketing program.

 

(m)       "Sale" or "Sold" means a transaction wherein the property in or to corn is transferred from the producer to a first purchaser for consideration.

 

(n)        "Eligible Voter" means one who is defined both as a person and as a producer in this program during the previous 365 days prior to the referendum date.

 

(o)        "Affected Producer" means any person defined as a producer in this program who is subject to the assessment.

 

(p)        "Corn Checkoff Program" means a program defined as a corn marketing program.

 

¹Quoted from Section 3 of the Illinois Corn Marketing Act [505 ILCS 40/3].

 

ARTICLE V

 

CORN MARKETING BOARD:

 

Section 1.  Establishment and Membership.

 

A corn marketing board is hereby established with powers and duties as authorized pursuant to the Act and this program.  The Board shall be comprised of 15 members elected from districts as provided in Section 2 of this Article.  The 15 members shall be elected, one from each district.

 

Section 2.  Representative Districts.

 

For the purpose of nomination and election of members to the Board, the territory of the State of Illinois shall be divided into 15 representative districts as follows:

 

District I:         Boone, McHenry, Lake, DeKalb, Kane, Cook, DuPage, Kendall and Will Counties.

 

District II:       JoDaviess, Stephenson, Winnebago, Carroll and Ogle Counties.

 

District III:      Knox, Henry, Warren, Henderson, Mercer and Rock Island Counties.

 

District IV:      Whiteside, Lee, Bureau, Stark, Marshall and Putnam Counties.

 

District V:       LaSalle, Grundy, Livingston and Kankakee Counties.

 

District VI:      Ford, Iroquois, Champaign and Vermilion Counties.

 

District VII:    Woodford, McLean, DeWitt, Macon, Piatt and Moultrie Counties.

 

District VIII:   Peoria, Tazewell, Fulton, Mason, Cass, Menard and Logan Counties.

 

District IX:      Hancock, McDonough, Adams, Schuyler, Brown and Pike Counties.

 

District X:       Scott, Morgan, Sangamon, Greene, Jersey, Calhoun and Macoupin Counties.

 

District XI:      Christian, Montgomery, Shelby, Fayette and Effingham Counties.

 

District XII:    Douglas, Edgar, Coles, Clark, Cumberland, Jasper and Crawford Counties.

 

District XIII:   Marion, Clay, Richland, Lawrence, Jefferson, Wayne, Edwards, Wabash and White Counties.

 

District XIV:   Madison, Bond, St. Clair, Clinton, Monroe and Washington Counties.

 

District XV:    Randolph, Perry, Jackson, Franklin, Williamson, Hamilton, Saline, Gallatin, Union, Johnson, Pope, Hardin, Alexander, Pulaski and Massac Counties.

 

Section 3.  Board Membership Qualifications.

 

Board members shall be residents of the State of Illinois, of legal voting age, and be subject to the program.  Board members shall be affected producers of corn in this State subject to the assessment and residing in the district in and for which they are nominated and elected.  The qualification of members as set forth herein must continue during their term of office or their office shall be declared vacant.

 

Section 4.  Term of Office.

 

The term of office of a board member shall be three years or until his successor is elected and qualified except for the initial board which shall be provided in Section 5 of this Article.

 

A term of office shall terminate on July 31^st of the year in which the board member's office expires.

 

A board member can only serve three full consecutive three year terms.

 

Section 5.  Initial Board.

 

If this program is adopted by corn producers, the Director shall initiate the procedures to elect the initial 15-member board as outlined in this corn marketing program and the Act.  The Director shall specify the day on which the election of the initial board will be held.  The day on which this election is held, shall be no more than 210 days from the date of close of the referendum on adoption of this corn marketing program.

 

Board members shall serve three year terms; provided, however, that the initial term of the board members from Districts I, IV, VII, X, and XIII shall expire July 31, 1984; the initial terms of board members from Districts II, V, VIII, XI, and XIV shall expire July 31, 1985; and the initial terms of board members from Districts III, VI, IX, XII, and XV shall expire July 31, 1986.

 

When the initial term of office expires in a district, an election shall be held as provided in this program and the Act to fill the vacancy.

 

Section 6.  Nominations.

 

(a)        Procedure for nominating candidates for election to the initial board:  Any affected producer may become a candidate from his district and have his name placed on the ballot if he files a petition with the Director containing the signatures of 200 or 5 percent, whichever is less, of those eligible voters in his district qualified to vote on the referendum.  The petitions to become a candidate for board members must be filed with the Director by a time and date specified by the Director.  Petitions for becoming a candidate shall be available at the principal office of the Cooperative Extension Service serving each county and upon request from the Director.  Position of candidates' names on the ballot to become a board member shall be determined by lot by drawing by the Director.  Candidates shall be notified of the time and place where such drawing shall occur.  Voting shall be held at geographically located polling places throughout the district.

 

(b)        Subsequent Years.  Procedure for Nominating Candidates to the Board in Subsequent Years:  Each district having a vacancy on the board by an expiring term shall hold an election to fill such vacancy.  The election shall be held during July of the year in which the vacancy exists.  Any affected producer meeting the requirements of Section 3 may become a candidate from his district and have his name placed on the ballot for which a vacancy exists if he files a petition with the Director containing the signatures of 200 or 5 percent, whichever is less, of affected producers from his district.

 

Petitions to become a candidate for board member must be filed with the Director by May 15th of the year in which the election is to be held in that District.  Notification to all affected producers in the district where a vacancy exists shall be published once in the official state newspaper and made available to newspapers of general circulation in that district and to all other news media in that district.  Notification shall be given no earlier than March 1 nor later than March 15 in the district where vacancy on the board will occur.  Petition for becoming a candidate shall be available at each principal county office of the Cooperative Extension Service in the district where a vacancy exists and upon request from the Director.  Position of the candidates' names on the ballot shall be determined by lot by a drawing by the Director.  Candidates shall be notified of the time and place where such drawing shall occur.  Voting shall be held at geographically located polling places throughout the district.

 

Section 7.

 

(a)        Election of Initial Board.

Each eligible voter shall be entitled to one vote and shall be entitled to vote for one candidate to be such producer's district representative on the corn marketing board.

 

The candidate from each district receiving the greatest number of votes in the election shall be the district's representative on the board.  In case of a tie, the winner will be determined by drawing.  The elected board member will take office immediately after certification of election results.  Each eligible voter shall vote at the local Cooperative Extension Service office serving the county in which such eligible voter resides.

 

(b)        Election of Board in Subsequent Years.

The election of board members in districts where a vacancy occurs due to an expiring term shall be conducted by the corn marketing board.  Nominations shall be as set forth in Section 6(b) of the program.  The elected board member shall take office on August 1 of the year in which such board member is elected.

 

Section 8.  Election Ballot.

 

The election ballot used in each district will contain only the name(s) of the candidate(s) for its district, with space provided for a write-in candidate.  Write-in votes shall be counted only for persons who have filed notarized declarations of intent to be write-in candidates with the Director not later than 5:00 p.m. on the Tuesday immediately preceding the election.

 

Forms for the declaration of intent to be a write-in candidate shall be supplied by the Director.  Such declaration shall specify the office for which the person seeks election as a write-in candidate.

 

Section 9.  Absentee Ballot.

 

Eligible voters who reside outside the State of Illinois or eligible voters within the State who cannot be physically present at the polls on the day of any board members' election held under this Article may request an absentee ballot.  The Director shall provide to any eligible voter an absentee ballot upon request beginning thirty (30) days prior to the initial election of directors and subsequent election of directors where a vacancy exists.  Any eligible voter requesting an absentee ballot shall be required to file with the Director an affidavit swearing that such eligible voter is eligible to vote in the election of board members.  Such affidavit shall be available upon request from the Director.  All absentee ballots and affidavits must be received by the Director at least two (2) working days prior to any election of board members.

 

Section 10.  Elections.

 

The Director shall appoint election judges for the election of board members.

 

Section 11.  Powers and Duties of the Board.

 

The board shall have the following powers and duties:

 

(a)        to administer, enforce, direct, and control provisions of this program as its administrative board pursuant to the authority contained in the Act;

 

(b)        to annually establish priorities and to prepare and approve a budget consistent with estimated resources and scope of the marketing program;

 

(c)        to formulate and execute assessment procedures, and methods of collection;

 

(d)       to procure and evaluate data and information necessary for the proper administration and operation of marketing program;

 

(e)        to employ personnel and contract for services which are necessary for the proper operation of the marketing program;

 

(f)        to authorize the expenditure of funds and the contracting of expenditures to conduct proper activities of the program;

 

(g)        to provide for an independent audit to be made and be available to all program participants;

 

(h)        to publish annually, upon completion of and at the same time of the audit, an Activities and Financial Report and make available to all affected producers;

 

(i)         to elect a chairman, vice chairman, secretary and treasurer and other such officers as it deems necessary;

 

(j)         to take steps to insure that adequate bonds are maintained and to insure adequate protection of funds;

 

(k)        to confer and cooperate with legally constituted authorities of other states and the United States;

 

(l)         to accept donations, gifts, and other properties to be used for program purposes;

 

(m)       to receive and investigate or cause to be investigated complaints and violations of this program and the Act and to take such action as is necessary within its authority;

 

(n)        to establish accounts in adequately protected financial institutions to receive, hold and disperse program monies;

 

(o)        to approve and recommend desirable amendments to the program;

 

(p)        to establish procedure to refund to a producer any assessment paid by such a producer if he requests such a refund; and

 

(q)        to perform such other duties which may be necessary to proper operation of the board.

 

Section 12.  Limitation of Liability of Board Members and Employees.

 

Obligations incurred by the board and any other liabilities or claims against the board shall be enforced only against the assets of the board in the same manner as if it were a corporation and no liabilities for the debts or actions of the board shall exist against either the State of Illinois or any subdivision thereof or against any board established pursuant to the Act or the assets thereof or against any member, officer, employee, or agent of the board in his individual capacity.  The members of the board, including employees thereof, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts either of commission or omission, as principal, agent, person, or employee except for their own individual acts which result in a violation of any law.  No such person or employee shall be held responsible individually for the act or omission of any member of the board.  The liability of the members of the board shall be several and not joint and no members shall be liable for the default of any other member.

 

Section 13.  Board Vacancies.

 

Procedures for filing:  Vacancies occurring on the board during an unexpired term of office shall be filled by the board with an appointee who is a qualified producer from the district affected by the vacancy.  The appointee shall serve as the district's representation on the board for the unexpired term.

 

Section 14.  Board Compensation.

 

"All voting members of the corn marketing board are entitled to actual and necessary travel and incidental expenses while attending meetings of the board or while engaged in the performance of official responsibilities as determined by the board."² Board members are not entitled to any salary or per diem.

 

²Quoted from Section 11 of the Illinois Corn Marketing Act [505 ILCS 40/11].

 

ARTICLE VI

 

REFERENDUMS AND ELECTIONS:

 

Section 1.

 

The initial program referendum shall provide for the question of adoption of the program with a place to vote "yes" or "no".  The initial program referendum shall be conducted by ballot mailed to producers.  A period of 21 days from the date of mailing of the ballot shall be allowed for the return of such ballots.  Ballots shall be returned to the Director by mail or by personal delivery by the voting producer at such address as may be designated by the Director.  When requested in writing, the Director shall provide a ballot to any producer whose name does not appear on the list of producers maintained by the Agricultural Stabilization and Conservation Service or who for any reason did not receive a ballot.  "Reasonable publicity and notification of the referendum date and voting locations shall be provided in trade publications, the public press and the official state newspaper, at least two weeks prior to such referendum date."³

 

The Agricultural Stabilization and Conservation Service list of producers shall be the official mailing list used for the program referendum.

 

A corn marketing program or an amendment to a corn marketing program is approved when a majority of the statewide total of those voting in the referendum vote in favor of such program or amendment to a program.

 

³Quoted from Section 9 of the Illinois Corn Marketing Act [505 ILCS 40/9].

 

Section 2.  Qualification to Vote.

 

Any person who is defined as a producer in this program shall be entitled to one vote.  Such eligible voter shall be required to sign a statement or affidavit declaring that such person is an eligible voter in the program.

 

An eligible voter who meets the definition of a "producer" in more than one county or on more than one tract of land may only vote once in their own name.  If more than one vote is cast, only one vote, cast in the county of residence, will be counted.

 

A person or business organization which meets the "producer" definition may designate some individual to vote on its behalf.  In such cases, the following guidelines apply:

 

In cases of ASSOCIATIONS, BUSINESSES, COOPERATIVES, UNIVERSITIES, COLLEGES, FOUNDATIONS, or any other business entity, only an officer may cast one vote for this business organization.

 

PARTNERSHIP, JOINT TENANCY:  If ownership of the commodity is held in the partnership name or in joint ownership, only one partner/owner may cast one vote.  It is the responsibility of the partnership/joint ownership to decide who will vote.

 

FIDUCIARY:  Only the court-appointed legal representative of a trust, estate, conservatorship, guardianship or other fiduciary relationship may cast one vote for the business held in trust.

 

LANDLORD AND TENANT:  Each may cast one vote if each meets the "producer" definition.

 

HUSBAND AND WIFE:  If the corn is held in joint ownership by both husband and wife, only one spouse may cast one vote.  If each meets the "producer" definition as a separate entity, then each may cast one vote.

 

Section 3.  Teller Committee.

 

The Director shall appoint a teller committee composed of members of the agricultural community to count absentee ballots, canvass and certify results of referendums and elections of district candidates.

 

ARTICLE VII

 

PROGRAM:

 

Section 1.  Market Development, Promotion, and Public Relations Programs.

 

The board, subject to the provisions of this program and the Act, is authorized to contract with or make grants to any qualified organizations, agencies, or persons for any market development and promotion activities, education and public relations programs or market information services which will result in the opening of new markets for corn and corn products, or which will result in the expansion of existing markets.  These activities may include, but not be necessarily limited to the following:

 

(a)        Preparation and dissemination of marketing information to include supply information, demand information, quality characteristics, and other facts concerning corn and corn products.

 

(b)        Provide information to foreign feed manufacturers and corn refiners for the purpose of expanding their use of corn and corn products.

 

(c)        Work with U.S. agricultural attaches or any other agency or organization in removing restrictive foreign and domestic regulations or barriers which hinder the free flow of corn or corn products to their ultimate markets.

 

(d)       Participate in trade fairs, exhibitions, food shows, and other such activities for the purpose of developing markets.

 

(e)        The board, subject to the provisions of this program and the Act, is authorized to contract with or make grants to any qualified organizations, agencies, or persons for any needed research or survey studies related to corn and their products which will result in improved efficiency and aid corn producers in maintaining present and any new and larger markets.

 

Section 2.  Educational Program.

 

The board is authorized to conduct, contract with, or make grants to any qualified organizations, agencies, or individuals for any educational materials and educational programs pertaining to corn and corn products.

 

The educational program established pursuant to this authority shall emphasize the results of research, market development, and other programs sponsored, supported, or otherwise implemented by or for the board.

 

ARTICLE VIII

 

ASSESSMENTS:

 

Section 1.  Assessment Levied.

 

(a)        All assessments made and levied pursuant to the provisions of the Act and the program shall be paid by the respective affected producers who shall be liable therefore as provided by Sections 16 and 17 of the Act.

 

(b)        Such assessments shall be ⅝ cent per bushel on corn produced and sold by such affected producer.  After the first five years of operation of the program, the corn marketing board may request the Director to hold a referendum to increase the assessment rate.

 

(c)        Such assessment shall be collected from the affected producers by the first purchaser of corn and such first purchaser shall deduct the full amount of assessment from total monies due the producer and shall account for, report on, and remit to the board all monies collected, except as otherwise provided in this section.  Such monies collected shall be remitted quarterly and shall be made by the 15^th of the month following the end of each quarter.  Such quarters shall end March 31, June 30, September 30, and December 31 of the year in which assessment is due.  If remittance of assessment by first purchaser is made by the 15^th of the month following the end of the quarter, such first purchaser making remittance shall be entitled to retain two percent (2%) of such remittance due.

 

(d)       Any producer who shall sell, ship, or otherwise dispose of corn to a first purchaser or other person outside the jurisdiction of this marketing program shall forthwith remit to the board the full amount of the assessment due.

 

(e)        The board shall establish regulations and procedures to insure the collection of such assessments as shall be due and payable under this marketing program.

 

(f)        The board shall give reasonable notice to all producers, processors and handlers of all changes in regulations and procedures and any amendments thereto for the collection of the assessment.

 

ARTICLE IX

 

RIGHT OF REFUND:

 

Section 1.

 

(a)        Any affected producer may request that each assessment paid by him be refunded.

 

(b)        A refund shall be payable upon request.  Such request shall be made to the board not more than sixty (60) days after the deduction has been made or not more than sixty (60) days after the remittance has been made by the first purchaser.  Applications for refund shall be given by the board to each first purchaser when requested and the first purchaser shall make the applications available to any producers.

 

(c)        The board shall establish procedures to insure the refunds of such assessment as are requested.

 

ARTICLE X

 

FUNDS:

 

Section 1.

 

The board shall deposit all monies collected pursuant to this program in an account as established in Article V of this program.  Expenses and disbursements incurred and made pursuant to the Act and this program shall be made by voucher, draft or check bearing the signature of a person or persons designated by majority vote of the board.

 

Section 2.

 

Monies collected by the board pursuant to the Act and this program as assessments shall be used by the board for the purpose of paying for the costs or expenses arising in connection with carrying out the purpose and provisions of the Act and this program.

 

ARTICLE XI

 

INFORMATION REPORTS:

 

All persons subject to this program and the Act shall make and render such reports and furnish such information to the Director and board as may be necessary or required to effectuate the purposes thereof.  Information obtained by any person pursuant to this Article shall be confidential and shall not be disclosed to any other person, save a person with the right to obtain the same or any attorney employed by the board to give legal advice thereon or by court order.

 

ARTICLE XII

 

PROCEDURES:

 

Section 1.

 

Following approval of the corn marketing program, the Director shall file the program with the Secretary of State as provided in Section 6 of the Illinois Corn Marketing Act.

 

Section 2.

 

All procedures promulgated pursuant to the Act shall be available upon request to those persons affected by this program and the Act.

 

ARTICLE XIII

 

APPEALS:

 

Section 1.

 

Any person subject to this program may appeal to the board to review any administrative decision.  The board shall establish by regulation the contested case procedure in accordance with the Administrative Procedure Act [5 ILCS 100].

 

Section 2.

 

Pending the disposition of any appeal set forth in Section 1 of this Article, the party shall abide by the decision unless the board shall rule otherwise.  The board shall, if the facts stated show reasonable grounds, revise any order or decision upon which an appeal is taken.

 

ARTICLE XIV

 

DEROGATION:

 

Nothing contained herein is or shall be construed to be in derogation or in modification of the rights of the Director or of the State to exercise any powers granted by the Act or otherwise, and in accordance with such powers to act in the premises whenever such action is deemed advisable.

 

ARTICLE XV

 

COOPERATION WITH OTHER AGENCIES:

 

The board, with the assistance of the Director and subject to the provisions of the Act, is authorized to cooperate with agencies of the United States Government, the State of Illinois, and other states as deemed by the board and the Director to be desirable and useful in effectuating the purposes of this program and Act.

 

(a)        Coordination and cooperation in promotion, advertising, educational  programs, informational programs, marketing and transportation research, and any of the several areas of authority authorized by the program and the Act.

 

(b)        Coordination of purposes with other boards, commissions, or any other marketing group in the State or other states, areas, or foreign countries so long as such cooperation is in the best interest of the corn producers in Illinois.

 

ARTICLE XVI

 

EFFECTIVE TIME:

 

This marketing program shall become effective upon its adoption.  The assessment will not be levied until April 1 or 60 days after the date of the election of the initial board, whichever is later, and shall continue in effect for five (5) years and shall automatically be extended from year to year unless a referendum for continued approval is requested by written petition of no less than ten percent of corn producers affected by the program in each respective district as published in the latest Census of Agriculture as published by the U.S. Department of Commerce, Bureau of Census.  Such referendum is to be held in accordance with Section 9 of the Act and shall have as set forth in Section 7 of the Act.

 

ARTICLE XVII

 

SEVERABILITY:

 

If any provision of the marketing program or the Act shall be declared invalid, or the applicability thereof to any person, circumstance or thing is held invalid, the validity of the remainder of this marketing program or the Act or the applicability thereof to any person, circumstance or thing shall not be affected.

 

ARTICLE XVIII

 

ENFORCEMENT:

 

Section 1.

 

"Persons who collect corn marketing program assessment funds pursuant to Section 15 of this Act shall remit such funds to the corn marketing board which shall deposit such in an account to be used as authorized by the corn marketing program.

 

Any due and payable assessment required under the provisions of any corn marketing program created under this Act constitutes a personal debt of every person so assessed or who otherwise owes such assessment.  Such assessment is due and payable to the corn marketing board not more frequently than quarterly or when stipulated in the corn marketing program and called for by the corn marketing board.  In the event any person fails to remit the full amount of such due assessment or such other sum within 30 days after the due date, the person owing such assessment shall be given an opportunity to present his case as provided for in Section 20 of this Act.  When established that the assessment is correct, the corn marketing board may add to such unpaid assessment or sum a penalty amount not exceeding 10% of the amount due plus all the cost of enforcing the collection of the assessment or sum due.  In the event of failure of such person to remit any properly due assessment or sum, the corn marketing board may bring a civil action against such person in the circuit court of any county for the collection thereof, together with the above additional specified 10% penalty assessment, cost of enforcing the collection of the assessment and court costs.  Such action shall be tried and judgment rendered as in any other cause of action for debts due and payable.  All assessments are due and payable to the corn marketing board."⁴

 

Section 2.

 

"No person shall knowingly fail or refuse to comply with any requirement of this Act where obligated to comply by a duly approved corn marketing program.  The corn marketing board may institute any action which is necessary to enforce compliance with any provision of this Act, and rule or regulation thereunder or any corn marketing program adopted pursuant to this Act.  In addition to any other remedy provided by law, the corn marketing board may petition for injunctive relief without being required to allege or prove the absence of any adequate remedy at law."⁵  Such action shall be brought in the Circuit Court of any county.

 

"Before the corn marketing board may institute any proceedings under this Act, the alleged violator shall first be given an opportunity to present his views to the corn marketing board as to why such proceedings should not be instituted."⁵

 

⁴Quoted from Section 17 of the Illinois Corn Marketing Act [505 ILCS 40/17].

 

⁵Quoted from Section 20 of the Illinois Corn Marketing Act [505 ILCS 40/20].

 

(Source:  Amended at 36 Ill. Reg. 9062, effective June 6, 2012)

 

Section 700.APPENDIX C  Marketing Program For Illinois Eggs (Repealed)

 

(Source:  Repealed at 14 Ill. Reg. 4093, effective March 2, 1990)

Section 700.APPENDIX D   Marketing Program For Illinois Soybeans and Soybean Products

 

Agency Note:  Section 15 of the "Soybean Marketing Act" [505 ILCS 130/15]  requires any soybean marketing program that is approved by Illinois soybean producers through referendum to be filed by the Department of Agriculture as provided in Section 5-65 of the "Illinois Administrative Procedure Act" [5 ILCS 100/5-65]. The filing of the adopted program is exempt from the rulemaking requirements of Sections 5-35 and 5-40 of the "Illinois Administrative Procedure Act" and the program is exempt from review under Sections 5-100, 5-105, 5-110, 5-120, 5-125 and 5-130 of the "Illinois Administrative Procedure Act".  In 1974, a Marketing Program For Illinois Soybeans and Soybean Products was approved through referendum.  In 1988, an amendment to Article VIII of the Marketing Program was added.  On March 1, 1989, Article VIII of the Marketing Program was amended.

 

ARTICLE I

 

PURPOSE:

 

This program is developed to enable Illinois soybean producers to coordinate more effectively the maintenance and development of markets for soybeans and soybean products; to provide for the needed production and utilization research; to develop new uses for soybeans and soybean products; and to provide for more efficient and economical production.

 

To accomplish this objective, it is essential to provide procedures for the development of new and larger markets for soybeans; to provide procedures to engage in research directed toward more efficient utilization and production of soybeans; to provide procedures to support world-wide market development programs and cooperate with other states, organizations, agencies, and persons in market development, market information, and research programs; and to provide procedures to elect an initial producer board and its successors to operate this program.

 

ARTICLE II

 

AUTHORITY:

 

This marketing program for Illinois soybeans, its procedures, and regulations, is established pursuant to the Soybean Marketing Act, 505 ILCS 130/1 et. seq.

 

ARTICLE III

 

PROGRAM EXTENT:

 

All producers of soybeans in Illinois are qualified to participate and all soybeans sold to a first purchaser are subject to the program.

 

ARTICLE IV

 

DEFINITIONS:

 

Terms used in this marketing program shall be defined in the Act and as follows unless context clearly requires otherwise:

 

(a)        "Act" means the Soybean Marketing Act, 505 ILCS 130/1 et. seq.

 

(b)        "Soybean" means and includes all kinds of varieties of soybeans grown in this State and marketed and sold as soybeans by the producer.

 

(c)        "Person" means any natural person, partnership, corporation, society, association, representative or other fiduciary.

 

(d)       "Producer" means any person engaged in this State in the business of producing and marketing soybeans and who is affected by this program by virtue of having the first right of ownership in any soybeans for which payment is received at the first point of sale.

 

(e)        "First Purchaser" means any person who resells soybeans purchased from a producer or offers for sale any product produced from such soybeans for any purpose.

 

(f)        "Market Development" means to engage in research and educational programs directed toward better and more efficient utilization of soybeans; to provide methods and means for the maintenance of present markets; for the development of new and larger domestic and foreign markets.

 

(g)        "Marketing Program" means any program established under this Act which prescribes rules, regulations and procedures for the development of markets for soybeans and soybean products.

 

(h)        "Program Operating Board" means the board established by any marketing program to administer such programs.  Also referred to as "Board".

 

(i)         "Director" means the Director of the Department of Agriculture of the State of Illinois.

 

(j)         "Department" means the Department of Agriculture of the State of Illinois.

 

(k)        "Bushel" means 60 pounds of soybeans by weight.

 

(l)         "District" means the geographical divisions of the State established pursuant to this marketing program.

 

(m)       "Sale" or "Sold" means a transaction wherein the property in or to soybeans is transferred from the producer to a first purchaser for consideration.

 

(n)        "Eligible Voter" means one who is defined both as a person and as a producer in this program.

 

(o)        "Affected Producers" means any person defined as a producer in this program who is subject to the assessment.

 

ARTICLE V

 

PROGRAM OPERATING BOARD:

 

Section 1.  Establishment and Membership.

 

A program operating board is hereby established with powers and duties as authorized pursuant to the Act and this program.  The Program Operating Board shall consist of one member elected from each of the representative districts as established by Section 2 of this Article and 6 at-large members elected without respect to representative district.  One individual may not serve as a representative of a district and as an at-large member at the same time.

 

Section 2.  Representative Districts.

 

For the purpose of nomination and election of members to the Board, the territory of the State of Illinois shall be divided into 18 representative districts as follows:

 

District 1:        Jo Daviess, Stephenson, Winnebago, Boone, Carroll, Ogle, DeKalb, and Lee Counties.

 

District 2:        McHenry, Lake, Kane, Cook, DuPage, Will, and Kankakee Counties.

 

District 3:        Whiteside, Rock Island, Henry, Mercer, Henderson, Stark, and Warren Counties.

 

District 4:        Bureau, LaSalle, Grundy, and Kendall Counties.

 

District 5:        Knox, Peoria, Marshall, Putnam, Fulton and Tazewell Counties.

 

District 6:        Woodford, Livingston and McLean Counties.

 

District 7:        Ford, Iroquois, and Vermilion Counties.

 

District 8:        Hancock, McDonough, Adams, Brown, and Schuyler Counties.

 

District 9:        Mason, Logan, Cass, Menard, Morgan, and Sangamon Counties.

 

District 10:      DeWitt, Macon, Christian, Moultrie, and Shelby Counties.

 

District 11:      Piatt, Champaign, Douglas, Edgar, and Coles Counties.

 

District 12:      Pike, Scott, Calhoun, Greene, Macoupin, and Jersey Counties.

 

District 13:      Montgomery, Bond, Fayette, and Marion Counties.

 

District 14:      Cumberland, Clark, Effingham, Jasper, and Crawford Counties.

 

District 15:      Madison, Monroe, St. Clair, and Clinton Counties.

 

District 16:      Clay, Richland, Lawrence, Wayne, Edwards, White, and Wabash Counties.

 

District 17:      Randolph, Washington, Jefferson, Perry, and Jackson Counties.

 

District 18:      Franklin, Hamilton, Williamson, Saline, Gallatin, Union, Johnson, Pope, Hardin, Alexander, Pulaski, and Massac Counties.

 

Section 3.  Board Membership Qualifications.

 

Board members shall be residents of the State of Illinois, of legal voting age, and be subject to the program.  Board members shall be affected producers of soybeans in this State subject to the assessment in the district in and for which they are nominated and elected.  The qualification of members as set forth herein must continue during their term of office or their office shall be declared vacant.

 

Section 4.  Term of Office.

 

The term of office of a board member shall be three years or until his successor is elected and qualified, except as provided in Section 5 of this Article.

 

A term of office shall terminate on July 31^st of the year in which the board member's office expires.

 

No producer shall serve as board member for more than two consecutive three-year terms of office.

 

Section 5.  Program Operating Board.

 

When the term of office expires, an election shall be held as provided in this program and the Act to fill the vacancy.  A special election shall be held for the initial term of at-large board members on January 31, 2006, with those elected at-large board members serving until July 31, 2006.  Thereafter, the term of office for the at-large board members taking office on August 1, 2006, shall be as follows:  two terms shall expire July 31, 2007; two terms shall expire July 31, 2008; and two terms shall expire July 31, 2009, such terms to be determined by lot drawn at the annual meeting of the Board in July 2006.  When the term of office of an at-large board member expires, a successor at-large member shall be nominated without respect to residence district by a majority of the elected Board sitting in quorum as provided in Section 6.C of this Article.

 

Section 6.  Nominations.

 

A.        Procedure for Nominating Candidates to the Board for Representative Districts:

 

Each district having a vacancy on the board by an expiring term shall hold an election to fill such vacancy.  The election shall be held during July of the year in which the vacancy exists.  Any affected producer may become a candidate from his district and have his name placed on the ballot for which a vacancy exists if he files a petition with the Director containing the signatures of 250 or 5 per cent, whichever less, of affected producers from his district.  Petitions to become a candidate for board member must be filed with the Director by May 15^th of the year in which the election is to be held in that district.  Notification to all affected producers in the district where a vacancy exists shall be published in the official state newspaper and made available to newspapers of general circulation in that district and to all other news media in that district. Notification shall be given no earlier than April 1^st nor later than April 15^th in the district where vacancy on the board will occur.  Petition for becoming a candidate shall be available at each principal county office of the Cooperative Extension Service in the district where a vacancy exists and upon request from the Director.  Position of the candidates' names on the ballot shall be determined by lot by a drawing by the Director. Candidates shall be notified of the time and place where such drawing shall occur.  Voting shall be held at geographically located polling places throughout the district.

 

B.        Nomination and Election Procedures for Interim At-Large Directors:

 

The initial six at-large directors will be nominated by a majority of the Board sitting in a quorum and thereafter elected by a majority of producers in attendance at the meeting of the Board to be held on January 31, 2006.  Notification to all affected producers shall be published in the official state newspaper and made available to newspapers of general circulation and all other news media.  Notification shall be given no earlier than December 1 and no later than December 15.  Any interested producer must notify the Board of their desire to become a candidate for an at-large position by sending the Board a letter of interest by certified mail (return receipt requested) to the Board's office. The letter must be deposited in the U.S. mail with postage prepaid and postmarked by no later than January 6, 2006.

 

The Executive Committee will serve as the Nominating Committee and will review the applications for eligibility, interview the candidates (if necessary), and make its recommendation of not more than three candidates per open position to the Board.  The Board must nominate not more than three candidates for each at-large vacancy from the pool of candidates by a majority vote of the Board sitting in quorum.

 

The names of all candidates will be placed on the ballot and voting will take place until one individual receives a majority of the votes cast. If any individual does not receive a majority of the votes cast, the person receiving the lowest number of votes will be dropped from the ballot.  After an individual has been duly elected to an at-large position, voting will begin again with the names of all the remaining candidates placed back on the ballot. Voting will be held as previously described for each at-large position.

 

The position of the nominees' names on the ballot shall be determined by a drawing by the Board sitting in quorum at the January 31, 2006, Board Meeting just prior to the election.

 

The six individuals elected on January 31, 2006, will serve an interim term of January 31, 2006, through July 31, 2006.  If any of these individuals desire to continue to serve as an at-large Director beyond July 31, 2006, they must re-apply for such position.  They must submit a letter of interest by certified mail (return receipt requested) to the Board's office.  The letter must be deposited in the U.S. mail with postage prepaid and postmarked by no later than March 15, 2006.

 

C.        Nomination and Election Procedures for At-Large Directors:

 

Any interested producer not a candidate under A above in the same year may become a candidate for nomination as an at-large director.  The six at-large directors will be nominated by a majority of the Board sitting in a quorum and thereafter elected by a majority of producers in attendance at the annual meeting of the Board to be held on July 31.  Notification to all affected producers shall be published in the official state newspaper and made available to newspapers of general circulation and all other news media.  Notification shall be given no earlier than February 1 and no later than February 15.  Any interested producer must notify the Board of their desire to become a candidate for an at-large position by sending the Board a letter of interest by certified mail (return receipt requested) to the Board's office. The letter must be deposited in the U.S. mail with postage prepaid and postmarked by no later than March 15^th of the year in which the election is to be held for an expiring at-large director term.

 

The Executive Committee will serve as the Nominating Committee and will review the applications for eligibility, interview the candidates (if necessary), and make its recommendation of not more than three candidates per open position to the Board.  The Board must nominate not more than three candidates for each at-large vacancy from the pool of candidates by a majority vote of the Board sitting in quorum.

 

The names of all candidates will be placed on the ballot and voting will take place until one individual receives a majority of the votes cast. If any individual does not receive a majority of the votes cast, the person receiving the lowest number of votes will be dropped from the ballot.  After an individual has been duly elected to an at-large position, voting will begin again with the names of all the remaining candidates placed back on the ballot. Voting will be held as previously described for each vacant at-large position.

 

The position of the nominees' names on the ballot shall be determined by a drawing by the Board sitting in quorum at the March Board Meeting.  All nominees will be notified of the time and place of the drawing.

 

Section 7.

 

A.        Election of Initial At Large Members of Board.

 

The election of the initial At-Large Members of Board shall be conducted by the Program Operating Board. Nominations shall be as set forth in Section 6(B) of this Article.  The elected board member shall take office immediately after the election results are available. Each eligible voter shall be entitled to one vote for each at-large position on the program operating board.

 

The candidate from each at-large position receiving the greatest number of votes in the election shall be that position's at-large representative on the board.  In case of a tie, the winner will be determined by drawing.  The elected board member will take office immediately upon approval of the program. 

 

B.        Election of Board in Subsequent Years.

 

The election of board members in districts where a vacancy occurs due to an expiring term shall be conducted by the program operating board. Nominations shall be as set forth in Section 6(A) and 6(C) of the program.  The elected board member shall take office on August 1^st of the year in which such board member is elected, except as outlined in Section 5.

 

Section 8.  Powers and Duties of the Board.

 

The board shall have the following powers and duties:

 

(a)        to administer, enforce, direct, and control provisions of this program as its administrative board pursuant to the authority contained in the Act;

 

(b)        to annually establish priorities and to prepare and approve a budget consistent with estimated resources and scope of the marketing program;

 

(c)        to formulate and execute assessment procedures, rates, methods of collection;

 

(d)       to procure and evaluate data and information necessary for the proper administration and operation of marketing program;

 

(e)        to employ personnel and contract for services which are necessary for the proper operation of the marketing program;

 

(f)        to authorize the expenditure of funds and the contracting of expenditure to conduct proper activities of the program;

 

(g)        to provide for an independent audit to be made and be available to all program participants;

 

(h)        to publish annually, upon completion of and at the same time of the audit, an Activities and Financial Report and make available to all affected producers;

 

(i)         to elect a chairman, vice chairman, secretary and treasurer and other such officers as it deems necessary;

 

(j)         to take steps to insure that adequate bonds are maintained and to insure adequate protection of funds;

 

(k)        to confer and cooperate with legally constituted authorities of other states and the United States;

 

(l)         to accept donations, gifts, and other properties to be used for program purposes;

 

(m)       to receive and investigate or cause to be investigated complaints and violations of this program and the Act and to take such action as is necessary within its authority;

 

(n)        to establish accounts in adequately protected financial institution to receive, hold and disperse program monies;

 

(o)        to approve and recommend desirable amendments to the program;

 

(p)        to establish procedure to refund to a producer any assessment paid by such a producer if he requests such a refund; and

 

(q)        to perform such other duties which may be necessary to proper operation of the board.

 

Section 9.  Limitation of Liability of Board Members and Employees.

 

Obligations incurred by the board and any other liabilities or claims against the board shall be enforced only against the assets of the board in the same manner as if it were a corporation and no liability for the debts or actions of the board shall exist against either the State of Illinois or any subdivision or instrumentality thereof or against any board established pursuant to the Act or the assets thereof or against any member, officer, employee, or agent of the board in his individual capacity.  The members of the board, including employees thereof, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts either of commission or omission, as principal, agent, person, or employee except for their own individual acts which result in a violation of any law.  No such person or employee shall be held responsible individually for the act or omission of any member of the board.  The liability of the members of the board shall be several and not joint and no members shall be liable for the default of any other member.

 

Section 10.  Board Vacancies. 

 

Procedure for Filling:

 

Vacancies occurring on the board during an unexpired term of office shall be filled by the board with an appointee who is a qualified producer from the district affected by the vacancy, or in the case of an at-large director without respect to representative district, as determined by a majority vote of the board sitting in quorum.  The appointee shall serve as the district or at-large representative on the board for the unexpired term.

 

Section 11.  Board Compensation.

 

"All voting members of the program operating board are entitled to actual and necessary travel and incidental expenses while attending meetings of the board or while engaged in the performance of official responsibilities as determined by the board."¹

 

¹Quote from Section 12 of "An Act in relation to Soybean Marketing Program", being Public Act No. 78-739, approved September 11, 1973.

 

ARTICLE VI

 

REFERENDUMS AND ELECTIONS:

 

Section 1.

 

The Director shall hold referendums as they pertain to this program as provided for in such Sections as 8, 10 and 13 of the Act.

 

All referendums shall be by a ballot cast at the local Cooperative Extension Service office serving the area in which such eligible voter resides, except as otherwise provided in this Article.

 

The initial program adoption referendum shall provide for the question of adoption of the program with a place to vote "yes" or "no" and shall also provide for the election of the initial members of the program operating board.  The referendum ballot used in each district will contain only the name(s) of the candidate(s) for its district with space provided for a write-in candidate.

 

Write-in votes shall be counted only for persons who have filed notarized declarations of intent to be write-in candidates with the Director not later than 5:00 p.m. on the Tuesday immediately preceding the election.

 

Forms for the declaration of intent to be a write-in candidate shall be supplied by the Director.  Such declaration shall specify the office for which the person seeks election as a write-in candidate.

 

A program or an amendment to a program is approved when a majority of the statewide total of those voting in the referendum vote in favor of such program or amendment to a program.

 

Section 2.  Qualification to Vote.

 

Any person who is defined as a producer in this program shall be entitled to one vote.  Such eligible voter shall be required to sign an affidavit for ballot declaring that such person is eligible to participate in the program.  Such eligible voter shall be entitled to vote only at the principal office of the Cooperative Extension Service which serves the county in which such eligible voter resides.

 

Eligible voters who reside outside the State of Illinois or eligible voters within the State who cannot be physically present at the polls on the day of any referendum held under this Article may request an absentee ballot.

 

Section 3.  Absentee Ballot.

 

The Director shall provide to any eligible voter an absentee ballot upon request beginning thirty (30) days prior to the referendum for approval of the initial program or any subsequent election of directors where a vacancy exists.  Any eligible voter requesting an absentee ballot shall be required to file with the Director an affidavit swearing that such eligible voter is eligible to vote on the initial referendum or in the election of board members.  Such affidavit shall be available upon request from the Director.  All absentee ballots and affidavits shall be returned to the Director at least two (2) working days prior to any referendum or election.

 

Section 4.  Election Judges.

 

The Director shall appoint a three-man committee to serve as election judges and to count ballots and determine the results of the referendum at the principal county office of the Cooperative Extension Service.

 

Section 5.  Teller Committee.

 

The Director shall appoint a teller committee to count absentee ballots, canvass and certify results of referendums and elections of district candidates.

 

ARTICLE VII

 

PROGRAM:

 

Section 1.  Market Development, Promotion, and Public Relation Programs.

 

The board, subject to the provisions of this program and the Act, is authorized to contract with or make grants to any qualified organizations, agencies, or persons for any market development and promotion activities, education and public relations programs or market information services which will result in the opening of new markets for soybeans and soybean products, or which will result in the expansion of existing markets.  These activities may include, but not be necessarily limited to the following:

 

(1)        Preparation and dissemination of marketing information to include supply information, demand information, quality characteristics, and other facts concerning soybeans and soybean products.

 

(2)        Provide information to foreign feed manufacturers and soy oil refiners for the purpose of expanding their use of soybeans and soybean products.

 

(3)        Work with U.S. agricultural attaches in removing restrictive foreign regulations which limit markets for soybeans and soybean products.

 

(4)        Participate in trade fairs, exhibitions, food shows, and other such activities for the purpose of developing markets.

 

Section 2.  Research.

 

The board, subject to the provisions of this program and the Act, is authorized to contract with or make grants to any qualified organizations, agencies, or persons for any needed production, utilization, distribution or handling research or survey studies related to soybeans and their products which will result in improved efficiency and aid soybean producers in maintaining present and any new and larger markets.

 

Such research and survey studies may include, but shall not be necessarily limited to the following:

 

(1)        Production research on such things as cultural practices, pest and insect control, weed and disease control, soil and fertility management, genetic research, plant pathology, micro biology, plant physiology, collection of new germ plasma, etc.

 

(2)        Improving techniques and methods for planting and harvesting.

 

(3)        Improving storage, handling, and drying techniques.

 

(4)        Investigating transportation problems involving movement of soybeans to market.

 

(5)        Utilization research such as developing new uses of soybeans and soybean products for human food and nutrition, determine chemical levels to protect soybean meal from rumen degradation in livestock feed, and research on industrial oil products, etc.

 

Section 3.  Educational Program.

 

The board is authorized to contract with or make grants to any qualified organizations, agencies, or individuals for any educational materials and educational programs pertaining to soybeans and their products.

 

The educational program established pursuant to authority shall emphasize the results of research, market development, and other programs sponsored, supported, or otherwise implemented by or for the board.

 

ARTICLE VIII

 

ASSESSMENTS:

 

Section 1.  Assessment Levied.

 

A.        All assessments made and levied pursuant to the provisions of the Act and the program shall be paid by the respective affected producers who shall be liable therefore as provided by Sections 16, 16.1 and 20 of the Act.  Assessments shall be made and levied on all soybeans grown outside Illinois but sold to a first purchaser in Illinois.

 

B.        Such assessments shall be ½ of 1% of the net market price of soybeans produced and sold by the producer.

 

C.        Such assessment shall be collected from the affected producers by the first purchaser of soybeans and such first purchaser shall deduct the full amount of assessment from total monies due to the producer and shall account for, report on, and remit to the board all monies collected.  Such monies collected shall be remitted quarterly and shall be made by the 15^th of the month following the end of each quarter.  Such quarters shall end March 31, June 30, September 30, and December 31 of the year in which assessment is due.  If remittance of assessment by first purchaser is made by the 15^th of the month following the end of the quarter, such first purchaser making remittance shall be entitled to retain two per cent (2 per cent) of such remittance due.

 

D.        Any producer who shall sell, ship or otherwise dispose of soybeans to a first purchaser or other person outside the jurisdiction of this marketing program shall forthwith remit to the board the full amount of the assessment due.

 

E.         The board shall establish regulations and procedures to insure the collection of such assessments as shall be due and payable under this marketing program.

 

F.         The board shall give reasonable notice to all producers, processors, and handlers of all changes in regulations and procedures and any amendments thereto for the collection of the assessment.

 

ARTICLE IX

 

RIGHT OF REFUND:

 

Section 1.

 

A.        Any affected producer may request that each assessment paid by him be refunded.

 

B.        A refund shall be payable upon request.  Such request shall be made to the board not more than sixty (60) days after the deduction has been made or not more than sixty (60) days after the remittance has been made by the first purchaser.

 

C.        The board shall establish regulations and procedures to insure the refund of such assessment as are requested.

 

ARTICLE X

 

FUNDS:

 

Section 1.

 

The board shall deposit all monies collected pursuant to this program in an account as established in Article V of this program.  Expenses and disbursements incurred and made pursuant to the Act and this program shall be made by voucher, draft or check bearing the signature of the treasurer and one other person designated by majority vote of the board, which person shall be either a member or an employee of the board.

 

Section 2.

 

Monies collected by the board pursuant to the Act and this program as assessments shall be used by the board only for the purpose of paying for the costs or expenses arising in connection with carrying out the purpose and provisions of the Act and this program.

 

ARTICLE XI

 

INFORMATION REPORTS:

 

All persons subject to this program and the Act shall make and render such reports and furnish such information to the Director and the board as may be necessary or required to effectuate the purposes thereof.  Information obtained by any person pursuant to this Article shall be confidential and shall not be disclosed to any other person, save a person with the right to obtain the same or any attorney employed by the board to give legal advice thereon or by court order.

 

ARTICLE XII

 

RULES AND REGULATIONS:

 

Section 1.

 

A public hearing must be held on all rules and regulations before they are adopted by the board or the Department.  Public notice of such hearings shall be in accordance with The Open Meetings Act, 5 ILCS 120/1 et.seq.

 

Section 2.

 

All rules and regulations adopted by the board pursuant to the program shall be presented to the Director for approval.  Rules and regulations adopted by the board and approved by the Director and any rule and regulation promulgated by the Director shall be filed in accordance with the Illinois Administrative Procedure Act, 5 ILCS 100/1 et.seq.

 

Section 3.

 

All rules and regulations promulgated pursuant to the Act shall be made available to those persons affected by this program and the Act.

 

ARTICLE XIII

 

APPEALS:

 

Section 1.

 

Any person subject to this program may appeal to the board to review any administrative decision.  Any such appeal must be filed in writing setting forth the facts upon which it is based.

 

Section 2.

 

Pending the disposition of any appeal set forth in Section 1 of this Article, the party shall abide by the decision unless the board shall rule otherwise.  The board shall, if the facts stated show reasonable grounds, revise any order or decision upon which an appeal is taken.

 

ARTICLE XIV

 

A DEROGATION:

 

Nothing contained herein is or shall be construed to be in derogation or in modification of the rights of the Director or of the State to exercise any powers granted by the Act or otherwise, and in accordance with such powers to act in the premises whenever such action is deemed advisable.

 

ARTICLE XV

 

COOPERATION WITH OTHER AGENCIES:

 

The board, with the assistance of the Director and subject to the provisions of the Act, is authorized to cooperate with agencies of the United States government, the State of Illinois, and other states as deemed by the board and the Director to be desirable and useful in effectuating the purposes of this program and Act.

 

(1)        Coordination and cooperation in promotion, advertising, educational programs, informational programs, disease control and research, marketing and transportation research, and any of the several areas of authority authorized by the program and the Act.

 

(2)        Coordination of purposes with other boards, commissions, or any other marketing group in the State or other states, areas, or foreign countries so long as such cooperation is in the best interest of the soybean producers of Illinois.

 

ARTICLE XVI

 

EFFECTIVE TIME:

 

This marketing program and any amendments thereto shall become effective immediately upon their being approved by referendum and shall continue in effect for five (5) years and shall automatically be extended from year to year unless a referendum for continued approval is requested by written petition of no less than 2 per cent of soybean producers affected by the program as published in the Illinois Agricultural Statistics Annual Farm Census being published by the Illinois Cooperative Reporting Service.  Such referendum is to be held in accordance with Section 10 of the Act.

 

ARTICLE XVII

 

SEVERABILITY:

 

If any provision of the marketing program or the Act shall be declared invalid, or the applicability thereof to any person, circumstance or thing is held invalid, the validity of the remainder of this marketing program or the Act or the applicability thereof to any person, circumstance or thing shall not be affected.

 

ARTICLE XVIII

 

Section 1.

 

"All assessments on soybeans marketed are due and payable to the board. Any due and payable assessment required under the provisions of any program created under this Act constitutes a personal debt of every person so assessed or who otherwise owes such assessment.  Such assessment is due and payable to the board when payment is stipulated in the program and called for by the board.  In the event any person fails to remit the full amount of such due assessment or such other sum within 30 days after the due date, the person owing such assessment shall be given an opportunity to present his case as provided for in Section 22 of the Act.  When established that the assessment is correct, the board may add to the unpaid assessment or sum a penalty amount not exceeding 10 per cent of the amount due to defray the cost of enforcing the collection of the assessment or sum due.  In the event of failure of a person to remit any properly due assessment or sum, the board may bring civil action against such person in the Circuit Court of any county for collection thereof, together with the above additional specified 10 per cent penalty assessment and court costs. Such action shall be tried and judgment rendered as in any other cause of action for debts due and payable."²

 

Section 2.

 

"No person shall knowingly fail or refuse to comply with any requirement of this Act where obligated to comply by a duly approved marketing program.  The board may institute any action which is necessary to enforce compliance with this Act, any rule or regulation thereunder or any program adopted pursuant to this Act.  In addition to any other remedy provided by law the board may petition for injunctive relief without being required to allege or prove the absence of any other adequate remedy at law.  Such action shall be brought in the Circuit Court of any county.

 

Before the board may institute any proceedings under this Act, the alleged violator shall first be given an opportunity to present his views to the board as to why such proceedings should not be instituted."³

 

²Quote from Section 20 of "An Act in relation to Soybean Marketing Program", being Public Act No. 78-739, approved September 11, 1973.

 

³Quote from Section 22 of "An Act in relation to Soybean Marketing Program", being Public Act No. 78-739, approved September 11, 1973.

 

(Source:  Amended at 33 Ill. Reg. 6044, effective April 7, 2009)

Section 700.APPENDIX E   Fertilizer Research and Education Program

 

ARTICLE I

 

PURPOSE

 

A research and education program for fertilizer is established and shall be operated for purposes of sponsoring research and education programs.  In order to implement this program, a Fertilizer Research and Education Council (council) is established and its goals and objectives are:

 

a)         To evaluate the agronomics of fertilizers when best management practices are used, which may include, but are not limited to, the relationship of fertilizer use to soil management, soil fertility, plant nutrition problems, economic considerations, and environment considerations.

 

b)         To develop effective application techniques for fertilizer, which may include the development of equipment and fertilizer distribution systems.

 

c)         To demonstrate the efficiencies and effectiveness of fertilizer systems.

 

d)         To conduct research on environmental concerns which shall be related to fertilizer usage.

 

e)         To develop innovative uses of fertilizers under varied cultural, pest control and water management practices and other potential uses.

 

f)         To disseminate the results of such research programs.

 

g)         To promote the recommended and effective usage of fertilizer materials through education programs and other designated activities.

 

ARTICLE II

 

FERTILIZER RESEARCH AND EDUCATION COUNCIL

 

Section 1.  Establishment of Council.

 

a)         A Fertilizer Research and Education Council is established under the authority of Section 6a of the Illinois Fertilizer Act of 1961 (Ill. Rev. Stat. 1987, ch. 5, par. 55.6a, as amended by P.A. 86-232, effective August 15, 1989).

 

b)         This Council shall be comprised of 3 persons representing the fertilizer industry, 3 persons representing crop production, and 2 persons representing the public at large who shall be appointed by the Director of the Department of Agriculture (director) (Section 6a of the Illinois Fertilizer Act of 1961).

 

c)         Vacancies occurring on the council during an unexpired term of office shall be filled by the director with an appointee who is from the respective field affected by the vacancy.  The appointee shall serve as a representative on the council for the unexpired term.  Should an appointed council member no longer represent the respective field from which such member was appointed, a vacancy shall be deemed to exist.

 

Section 2.  Term of Office.

 

a)         The term of office for a council member shall be three years, except for the initial council.  The term of office shall terminate on September 30.  No person shall serve as a council member for more than two consecutive terms of office.

 

b)         In order to have staggered terms of office to the council, the initial terms of office shall terminate on September 30 in the years 1993, 1994, and 1995.

 

c)         The term of office for each initial council member shall be determined by a drawing.

 

Section 3.  Meetings of Council.

 

a)         The council shall meet at least once annually.

 

b)         Each appointed council member and the director are entitled to one vote.  An appointed council member cannot vote by proxy or be represented by another person.

 

c)         Any action taken by the council shall require a majority vote of the council members, provided a quorum is present.

 

d)         If an appointed council member misses three consecutive meetings of the council, the director shall declare the office vacant and the procedure for filling vacancies shall be initiated.

 

Section 4.  Council Compensation.

 

The appointed council members are entitled to actual and necessary travel expenses at the reimbursement rate approved by the State's Travel Control Board while attending meetings of the council or while engaged in the performance of official responsibilities as determined by the council. Council members are not entitled to any salary.

 

Section 5.  Duties of the Chairman

 

The Director or his representative from the Department shall act as chairman of the council (Section 6a of the Illinois Fertilizer Act of 1961).  The duties of the chairman shall be to:

 

a)         Preside at all meetings of the council.

 

b)         Call meetings of the council when deemed necessary or when requested by three or more appointed members of the council.

 

c)         Have general supervision of the affairs of the council and perform all acts and duties usually incidental to and required of a presiding officer.

 

Section 6.  Powers and Duties of the Council.

 

The responsibilities of the council are to:

 

a)         solicit research and education projects consistent with the scope of the established fertilizer research and education program (Section 6a of the Illinois Fertilizer Act of 1961);

 

b)         review and arrange for peer review of all research proposals for scientific merit and methods, and review for arrange for the review of all proposals for their merit, objective, methods and procedures (Section 6a of the Illinois Fertilizer Act of 1961); any person performing peer review shall not be associated with the person or organization submitting the project;

 

c)         evaluate the proposed budget for the projects and make recommendations as necessary (Section 6a of the Illinois Fertilizer Act of 1961);

 

d)         monitor progress of projects and report at least once each 6 months on each project's accomplishments to the director and board of agricultural advisers (Section 6a of the Illinois Fertilizer Act of 1961);

 

e)         recommend projects to be approved and funded at least annually including recommendations on continuation or cancellation of authorized and ongoing projects (Section 6a of the Illinois Fertilizer Act of 1961);

 

f)         recommend to the Board of Agricultural Advisors and to the director that the Department of Agriculture contract with or make grants to an organization, agency or individual for any research, education materials, peer review and/or educational programs pertaining to fertilizers;

 

g)         publish annually an activity and financial report for the period October 1 through September 30;

 

h)         recommend that the Department of Agriculture accept donations, gifts, and other property to be used for program purposes; and

 

i)          perform other duties as may be necessary for the operation of the council.

 

ARTICLE III

 

GUIDELINES FOR RESEARCH AND EDUCATION PROJECTS

 

Section 1.  Research Projects.

 

a)         Proposals for research projects shall contain the following information on forms provided by the Department:

 

1)         Identity of the project and its location;

 

2)         Name(s) of project leader(s) and of any person or entity that will be cooperating, if applicable; biographical information on project leader(s) shall be included;

 

3)         Specific and concise objectives for the project;

 

4)         Justification statement on why the work is needed, literature review of related research that has been conducted or is now being conducted, what information will be contributed, and impact of research;

 

5)         A workplan including but not limited to:

 

A)        treatment variables and levels of each (e.g., types of treatments, rates of application, plot dimensions, and replications).

 

B)        soil characteristics (e.g., soil type, chemical base measurements on soil before treatments are started, physical characteristics of plot area such as topography, bulk density, and drainage, and any biological characteristics that are unique to the plot).

 

C)        cultural practices (e.g., field history; crop rotation to be used; target planting dates; hybrids or varieties; seeding rate and row width; weed control; insect control; disease control; irrigation, type, frequency, method of scheduling; tillage and residue management; and fertilizer application methods and placement).

 

D)        parameters to be measured (e.g., establish chemical base measurements on soil, plant analyses as appropriate for each treatment, quality measurements in addition to yield, total above ground dry matter and nutrient content at harvest on selected treatments, water and energy efficiency measurements as appropriate, and yield).

 

E)        development of equipment and fertilizer delivery systems, if applicable.

 

F)         anticipated effects on the environment.

 

G)        any pertinent information on the project that the person submitting the research project desires to explain.

 

6)         Dates of the initiation and completion of the project, timetable with targeted goals, and any deadlines that may be established;

 

7)         Itemized cost of the project.

 

b)         Any person who has a research project funded by the council shall submit to the chairman a quarterly report on the project's findings that have occurred during the quarter for which the report covers and a final report at the project's conclusion covering the total findings and conclusions of the project.

 

Section 2.  Education and Information Dissemination Projects.

 

a)         Proposals for education and/or information dissemination projects shall contain the following information on forms provided by the Department:

 

1)         Identity of the project and its location;

 

2)         Name(s) of project leader(s) and of any person or entity that will be cooperating, if applicable; biographical information on the project leader(s) shall be included;

 

3)         Specific and concise objectives for the project;

 

4)         Justification statement on why the work is needed, related projects that have been conducted or are now being conducted, what information will be contributed, and impact of the project;

 

5)         Itemized cost of the project;

 

6)         Dates of initiation and completion of the project, timetable with targeted goals, and any deadlines that may be established.

 

b)         Any person who has an education and/or information dissemination project funded by the council shall submit to the chairman a quarterly report on the project's findings that have occurred during the quarter for which the report covers and a final report at the project's conclusion covering the total findings and conclusions of the project.

 

Section 3.  Copyright, royalty, and patent.

 

The contract with the person whose project was approved shall address the issues of copyright, royalty payments and patents.

 

ARTICLE IV

 

PROCEDURES FOR PROJECT APPROVAL

 

a)         The council shall solicit projects from time to time.  Within six months of the date of receipt of the project application, the council shall advise the person who submitted the project whether the project has been approved, rejected, is pending or needs additional information.

 

b)         When the council approves a new project or makes a recommendation for continuation or cancellation of ongoing projects, the recommendation and project shall be delivered to the director on the date it is approved.  In deciding whether to approve a project, the council shall consider its objectives and goals, availability of funding, and the results of other research.  Because of the possibility of insufficient funding, the council shall rank projects.

 

c)         The director shall call a meeting of the Board of Agricultural Advisors within 30 days of the date of delivery of the council's recommendation.

 

d)         One or more members of the council as designated by the council shall present the proposed project or recommendation for continuation or cancellation to the Board of Agricultural Advisors.

 

e)         The Board of Agricultural Advisors shall review the proposed projects and recommendations of the fertilizer research and education council and recommend to the director what projects shall be approved and their priority.  The Board of Agricultural advisors shall recommend to the director the continuation or cancellation of such projects  (Section 6a of the Illinois Fertilizer Act of 1961).  Decisions of the Board of Agricultural Advisors on the recommendations of the council shall be forwarded to the director and to the council within ten working days.

 

f)         The director shall consider the recommendations of the council and the Board of Agricultural Advisors in determining whether to approve or reject a project or a recommendation to continue or cancel a project.  The director's final decision on each recommendation shall be made within ten working days of the date of the Board of Agricultural Advisor's recommendation.

 

(Source:  Amended at 14 Ill. Reg. 584, effective December 27, 1989)

Section 700.APPENDIX F   Procedures for Conducting Corn Marketing Program Referendums

 

ARTICLE I

 

DEFINITIONS

 

a)         "Act" means the Illinois Corn Marketing Act (Ill. Rev. Stat. 1991, ch. 5, par. 701 et seq.) [505 ILCS 40].

 

b)         "Corn" means and includes all kinds of varieties of corn (excluding popcorn and sweet corn) grown in this state and marketed and sold as corn by the producer.  (Quoted from Section 3 of the Illinois Corn Marketing Act (Ill. Rev. Stat. 1991, ch. 5, par. 703) [505 ILCS 40/3]).

 

c)         "Corn Marketing Program" means the program established under the authority of the Corn Marketing Act and approved by the corn producers (2 Ill. Adm. Code 700.APPENDIX B).

 

d)         "Corn Marketing Board" means the board established by any corn marketing program to administer a corn marketing program.

 

e)         "Department" means the Department of Agriculture of the State of Illinois, P.O. Box 19281, Springfield, Illinois 62794-9281.  (Quoted from Section 3 of The Illinois Corn Marketing Act (Ill. Rev. Stat. 1991, ch. 5, par. 703) [505 ILCS 40/3]).

 

f)         "Director" means the Director of the Department of Agriculture of the State of Illinois or a duly authorized representative.  (Quoted from Section 3 of The Illinois Corn Marketing Act (Ill. Rev. Stat. 1991, ch. 5, par. 703) [505 ILCS 40/3]).

 

g)         "Eligible Voter" means one who is defined both as a person and as a producer in this program during the previous 365 days prior to the referendum date.

 

h)         "Person" means any natural person, partnership, corporation, society, association, representative or other fiduciary (Quoted from Section 3 of The Illinois Corn Marketing Act (Ill. Rev. Stat. 1991, ch. 5, par. 703) [5050 ILCS 40/3]).

 

i)          "Producer" means any person engaged in this State in the business of producing and marketing corn and who is affected by the Corn Marketing Program by virtue of having the first right of ownership in any corn for which payment is received at the first point of sale.

 

ARTICLE II

 

REQUESTING SUBSEQUENT CORN MARKETING REFERENDUMS

 

Following receipt of a petition to amend the existing corn marketing program, the Director shall hold a public hearing for the purpose of informing corn producers of the proposed changes to a program and to solicit public comments on the proposed changes.  The Director shall publish notice of the public hearing in the official State newspaper and issue a press release to newspapers of general circulation and to other news media at least 2 weeks prior to the date of the hearing.  Following the public hearing, the findings of the hearing shall be sent to all parties of record appearing at the hearing.

 

If the proposed amendment is approved by the Corn Marketing Board following the public hearing, the Director shall hold a referendum within 90 days from receipt of the Board's approval in accordance with the provisions of Article III of this Appendix.

 

Prior to the consideration of any proposed amendment to an existing corn marketing program, the Director shall require the sponsors therefor to deposit funds for expenses of preparing, holding hearings, and conducting the referendum.  Such funds shall be in the amount as set forth in Section 8 of the Act, and the funds shall be held and distributed in accordance with the provisions of Section 8 of the Act.

 

ARTICLE III

 

REFERENDUMS

 

Section I – Voting.

 

The Director shall hold referendums in accordance with the provisions of Sections 7, 9, and 21 of the Act.

 

All referendums shall be conducted by one of the following methods as determined by the Director:

 

a)         by a ballot cast at the local Cooperative Extension Service office serving the area in which such eligible voter resides, unless an alternate location is designated by the Director because of unaccessible facilities or where no Cooperative Extension office exists in the area; or

 

b)         by a ballot mailed to producers.  A period of 21 days from the date of mailing of the ballot shall be allowed for the return of such ballots.  Ballots shall be returned to the Director by mail or by personal delivery by the voting producer at such address as may be designated by the Director.  Under this voting method, all ballot processing will be administered by a Teller Committee appointed by the Director and composed of members of the agricultural community.

 

When requested in writing, the Director shall provide a ballot to any producer whose name does not appear on the official mailing list of producers or who for any reason did not receive a ballot.

 

The Agricultural Stabilization and Conservation Service's most current list of producers shall be the official mailing list used for such referendums.

 

An amendment to a corn marketing program is approved when a majority of those voting in the referendum vote in favor of such program.

 

The Director shall control all ballots and producer affidavits, except when the ballots and affidavits are in the hands of the election judges/teller committee.

 

Section 2 – Referendum Publicity

 

Notification of the referendum date shall be published once in the official State newspaper and made available to trade publications and the public press at least 2 weeks prior to the referendum date.

 

Section 3 – Election Judges

 

If voting is done pursuant to Section 1(a), the Director shall appoint 2 persons to serve as election judges at each polling place.  Election judges shall determine the eligibility of the person to vote in the referendum, maintain voting integrity, preserve the confidentiality of all referendum ballots, count ballots and determine the results of the referendum for that location, report total voting results to the Department, and return both marked and blank ballots, producer affidavits, and any other referendum information to the Department after the referendum, either personally or by certified mail.

 

ARTICLE IV

 

QUALIFICATION TO VOTE

 

Any person who is defined as a producer in the corn marketing program shall be entitled to one vote.  Such eligible voter shall sign a statement or affidavit declaring that such person is an eligible voter in the program.

 

An eligible voter who meets the definition of a "producer" in more than one country or on more than one tract of land may only vote once in their own name. If more than one vote is cast, only one vote, cast in the county of residence, will be counted.

 

A person or business organization which meets the "producer" definition may designate some individual to vote on its behalf.  In such cases, the following guidelines apply:

 

In cases of associations, businesses, cooperatives, universities, colleges, foundations, or any other business entity, only an officer may cast one vote for this business organization.

 

Partnership or joint tenancy:  If the ownership of the commodity is held in the partnership name or in joint ownership, only one partner/owner may cast one vote.  It is the responsibility of the partnership/joint ownership to decide who will vote.

 

Fiduciary:  Only the court-appointed legal representative of a trust, estate, conservatorship, guardianship or other fiduciary relationship may cast one vote for the business held in trust.

 

Landlord and tenant:  Each may cast one vote if each meets the "producer" definition.

 

Husband and wife:  If the corn is held in joint ownership by both husband and wife, only one spouse may cast one vote.  If each spouse meets the "producer" definition as a separate entity, then each may cast one vote.

 

ARTICLE V

 

TELLER COMMITTEE TO CERTIFY RESULTS

 

Within 2 weeks after the referendum date, the Director shall appoint a teller committee to count ballots that have been received from the election judges, to canvass and to certify results of the referendum.

 

ARTICLE VI

 

ABSENTEE BALLOTS

 

Under Section 1(a) of Article III:

 

The Director shall provide to any eligible voter who resides outside of the State of Illinois or who cannot be physically present at the polls on the day of the referendum an absentee ballot upon request in writing to the Director.  Absentee ballots are available beginning 30 days prior to the referendum date.

 

Any eligible voter requesting an absentee ballot shall file with the Director an affidavit swearing that such eligible voter is eligible to vote in the referendum.  Such affidavit shall be available from the Director.

 

All absentee ballots and affidavits shall be returned to the Director at least 2 working days prior to the referendum date.

 

Postcards for requesting absentee ballots shall be available at each Cooperative Extension office or designated polling place and from the Division of Marketing of the Department.  Each person requesting an absentee ballot must sign the card and state the address.

 

The Director shall receive, date stamp, determine the voter eligibility, and preserve the confidentiality of all absentee ballots.

 

(Source:  Amended at 24 Ill. Reg. 1564, effective January 12, 2000)