General Assembly approves changes to Illinois Fertilizer Act

HB 5539 makes substantial changes to the Fertilizer Act, and now goes to the governor for his signature.

John Hawkins

Published: May 24, 2012

The legislation is an initiative of the Illinois Fertilizer and Chemical Association, and has the support of every major agricultural organization as well as numerous environmental organizations. HB 5539 accomplishes several significant objectives for our industry:

1. It eliminates the Fertilizer Research & Education Council and replaces it with the Nutrient Research & Education Council, which is a new, private entity that will manage nutrient research, education and agricultural water quality efforts. Because the funds for this program will be held and managed by the industry, the funds are not subject to sweeps. NREC will be funded by a designated portion of the tonnage fee. The NREC (made up of ag industry members) will determine the tonnage fee based upon industry needs. These funds will also support the "Keep it for the Crop" 4R Nutrient Stewardship program.

2. It streamlines the licensing requirements for the fertilizer industry. Custom blending licenses will be eliminated and replaced with a single distributor license.

3. It creates an administrative hearing provision in the Fertilizer Act, similar to the Pesticide Act. The industry can now request an administrative hearing regarding any alleged violations of the Fertilizer Act.

4. The funds collected for fertilizer licensing and registration will now go to the IL Dept of Agriculture to support the fertilizer programs. Under the current law, these fees went straight to the state general revenue fund.

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