Illinois 2025-2026 Regular Session

Illinois House Bill HB2427 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2427 Introduced , by Rep. Nicolle Grasse SYNOPSIS AS INTRODUCED: New Act Creates the Native to Illinois Labeling Program Act. Establishes the Native to Illinois Labeling Program in the Department of Agriculture. Provides that the Department of Agriculture, in consultation with the Department of Natural Resources, shall adopt rules implementing the Native to Illinois Labeling Program. Provides requirements for certification under the Program. Provides that the Department of Agriculture may, by rule, in consultation with the Department of Natural Resources, require certification by a third party approved by the Department of Agriculture. Provides requirements for eligibility for a "Certified Native to Illinois" label. Provides requirements for compliance. Provides requirements for labeling. Provides for investigatory powers within the Department of Agriculture. Provides for a civil penalty of not more than $10,000 for knowing violation of the compliance requirements, enforceable by a civil lawsuit filed by the Attorney General or a State's Attorney. Provides that any person who knowingly makes a false statement under this Act to an investigator or a certifying agent shall be guilty of a class 4 felony. Provides that any person who knowingly violates the compliance requirements or who knowingly makes a false statement under this Act to an investigator or a certifying agent, after notice and an opportunity to be heard, shall lose all certifications under this Act and shall be ineligible to obtain certifications under this Act for a period of not less than 5 years, beginning on the date of the occurrence, except if waived or modified by the Director of Agriculture. Makes findings. Defines terms. LRB104 04202 BDA 14227 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2427 Introduced , by Rep. Nicolle Grasse SYNOPSIS AS INTRODUCED: New Act New Act Creates the Native to Illinois Labeling Program Act. Establishes the Native to Illinois Labeling Program in the Department of Agriculture. Provides that the Department of Agriculture, in consultation with the Department of Natural Resources, shall adopt rules implementing the Native to Illinois Labeling Program. Provides requirements for certification under the Program. Provides that the Department of Agriculture may, by rule, in consultation with the Department of Natural Resources, require certification by a third party approved by the Department of Agriculture. Provides requirements for eligibility for a "Certified Native to Illinois" label. Provides requirements for compliance. Provides requirements for labeling. Provides for investigatory powers within the Department of Agriculture. Provides for a civil penalty of not more than $10,000 for knowing violation of the compliance requirements, enforceable by a civil lawsuit filed by the Attorney General or a State's Attorney. Provides that any person who knowingly makes a false statement under this Act to an investigator or a certifying agent shall be guilty of a class 4 felony. Provides that any person who knowingly violates the compliance requirements or who knowingly makes a false statement under this Act to an investigator or a certifying agent, after notice and an opportunity to be heard, shall lose all certifications under this Act and shall be ineligible to obtain certifications under this Act for a period of not less than 5 years, beginning on the date of the occurrence, except if waived or modified by the Director of Agriculture. Makes findings. Defines terms. LRB104 04202 BDA 14227 b LRB104 04202 BDA 14227 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2427 Introduced , by Rep. Nicolle Grasse SYNOPSIS AS INTRODUCED:
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55 Creates the Native to Illinois Labeling Program Act. Establishes the Native to Illinois Labeling Program in the Department of Agriculture. Provides that the Department of Agriculture, in consultation with the Department of Natural Resources, shall adopt rules implementing the Native to Illinois Labeling Program. Provides requirements for certification under the Program. Provides that the Department of Agriculture may, by rule, in consultation with the Department of Natural Resources, require certification by a third party approved by the Department of Agriculture. Provides requirements for eligibility for a "Certified Native to Illinois" label. Provides requirements for compliance. Provides requirements for labeling. Provides for investigatory powers within the Department of Agriculture. Provides for a civil penalty of not more than $10,000 for knowing violation of the compliance requirements, enforceable by a civil lawsuit filed by the Attorney General or a State's Attorney. Provides that any person who knowingly makes a false statement under this Act to an investigator or a certifying agent shall be guilty of a class 4 felony. Provides that any person who knowingly violates the compliance requirements or who knowingly makes a false statement under this Act to an investigator or a certifying agent, after notice and an opportunity to be heard, shall lose all certifications under this Act and shall be ineligible to obtain certifications under this Act for a period of not less than 5 years, beginning on the date of the occurrence, except if waived or modified by the Director of Agriculture. Makes findings. Defines terms.
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1111 1 AN ACT concerning agriculture.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be cited as the Native
1515 5 to Illinois Labeling Program Act.
1616 6 Section 5. Findings. The General Assembly finds that
1717 7 Illinois consumers should be able to more easily discern which
1818 8 plants and seeds are native to Illinois while they are
1919 9 shopping for gardening, landscaping, or other purposes.
2020 10 Section 10. Definitions. As used in this Act, unless the
2121 11 context requires otherwise:
2222 12 "Department" means the Department of Agriculture.
2323 13 "Director" means the Director of Agriculture.
2424 14 "Native to Illinois Labeling Program" or "Program" means
2525 15 the certification program for producers of seeds and plants
2626 16 that are native to Illinois established by this Act.
2727 17 Section 15. Native to Illinois Labeling Program
2828 18 establishment. The Native to Illinois Labeling Program is
2929 19 established in the Department of Agriculture. The Department
3030 20 of Agriculture, in consultation with the Department of Natural
3131 21 Resources, shall adopt rules implementing the Native to
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3838 Creates the Native to Illinois Labeling Program Act. Establishes the Native to Illinois Labeling Program in the Department of Agriculture. Provides that the Department of Agriculture, in consultation with the Department of Natural Resources, shall adopt rules implementing the Native to Illinois Labeling Program. Provides requirements for certification under the Program. Provides that the Department of Agriculture may, by rule, in consultation with the Department of Natural Resources, require certification by a third party approved by the Department of Agriculture. Provides requirements for eligibility for a "Certified Native to Illinois" label. Provides requirements for compliance. Provides requirements for labeling. Provides for investigatory powers within the Department of Agriculture. Provides for a civil penalty of not more than $10,000 for knowing violation of the compliance requirements, enforceable by a civil lawsuit filed by the Attorney General or a State's Attorney. Provides that any person who knowingly makes a false statement under this Act to an investigator or a certifying agent shall be guilty of a class 4 felony. Provides that any person who knowingly violates the compliance requirements or who knowingly makes a false statement under this Act to an investigator or a certifying agent, after notice and an opportunity to be heard, shall lose all certifications under this Act and shall be ineligible to obtain certifications under this Act for a period of not less than 5 years, beginning on the date of the occurrence, except if waived or modified by the Director of Agriculture. Makes findings. Defines terms.
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6666 1 Illinois Labeling Program in accordance with the purposes and
6767 2 requirements of this Act.
6868 3 Section 20. Certification. A producer of seeds or plants
6969 4 may submit to the Department an application for certification
7070 5 under the Native to Illinois Labeling Program using forms
7171 6 published by the Department for that purpose. The Department
7272 7 shall approve an application to be certified, filed with the
7373 8 Department by a producer of seeds or plants, if the producer
7474 9 meets the requirements under Section 25, except as otherwise
7575 10 provided in this Act. The Department may, by rule, in
7676 11 consultation with the Department of Natural Resources, require
7777 12 certification by a third party approved by the Department of
7878 13 Agriculture for that purpose, in addition to the requirements
7979 14 of this Section and the eligibility rules under Section 25.
8080 15 Section 25. Eligibility. To be sold with a "Certified
8181 16 Native to Illinois" label, a plant or seed shall be:
8282 17 (1) living or capable of life;
8383 18 (2) native to Illinois, as determined by the
8484 19 Department; and
8585 20 (3) in conformity with all other requirements under
8686 21 rules adopted by the Department.
8787 22 Section 30. Compliance requirements.
8888 23 (a) A person may sell or label a plant or seed as
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9999 1 "Certified Native to Illinois" only if the plant or seed meets
100100 2 the requirements under this Act.
101101 3 (b) No person may affix a label to, or provide other market
102102 4 information concerning, a plant or seed if the label or
103103 5 information implies, directly or indirectly, that the plant is
104104 6 certified native to Illinois, except in accordance with this
105105 7 Act.
106106 8 Section 35. Labeling. A label affixed or other market
107107 9 information provided, in accordance with subsection (b) of
108108 10 Section 30:
109109 11 (1) shall indicate that the plant is "Certified Native
110110 12 to Illinois" and meets the standards under this Act and
111111 13 rules adopted under this Act for being native to Illinois;
112112 14 (2) may incorporate the name and logo of the Illinois
113113 15 Department of Agriculture;
114114 16 (3) shall include the scientific name of the plant and
115115 17 the common name of the plant, if any;
116116 18 (4) shall include the county or ecoregion that the
117117 19 plant species is native to and locally adapted to;
118118 20 (5) shall include the name of the producer of the
119119 21 plant;
120120 22 (6) shall include a statement relating to the
121121 23 importance of supporting native plants; and
122122 24 (7) may include:
123123 25 (A) instructions for planting the plant or seed to
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134134 1 ensure its growth and health;
135135 2 (B) advice on growing and maintaining the plant in
136136 3 all seasons; and
137137 4 (C) a weblink or digital code, such as a quick
138138 5 response (QR) code, to access a webpage with
139139 6 additional educational information about the plant.
140140 7 Section 40. Investigations and enforcement.
141141 8 (a) The Department may take such investigative actions as
142142 9 considered to be necessary:
143143 10 (1) to verify the accuracy of any application for
144144 11 certification; and
145145 12 (2) to determine whether a person has committed a
146146 13 violation of any provision of this Act or any rule adopted
147147 14 under this Act.
148148 15 (b) The Department may refer any suspected violations of
149149 16 this Act to the Attorney General or the State's Attorney of the
150150 17 county where the suspected violation occurred.
151151 18 Section 45. Violations.
152152 19 (a) Any person who knowingly violates Section 30 of this
153153 20 Act shall be subject to a civil penalty of not more than
154154 21 $10,000. This civil penalty may be enforced by the Attorney
155155 22 General or the State's Attorney of the county where the
156156 23 violation occurred by bringing an action in a court of
157157 24 competent jurisdiction seeking the civil penalty under this
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