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Public Act 096-0424


 

Public Act 0424 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0424
 
SB1769 Enrolled LRB096 11132 JDS 21497 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by adding Sections
10-20.46 and 34-18.37 as follows:
 
    (105 ILCS 5/10-20.46 new)
    Sec. 10-20.46. Compliance with Chemical Safety Acts. Each
school district must adopt a procedure to comply with the
requirements of the Lawn Care Products Application and Notice
Act and the Structural Pest Control Act. The school district
must designate a staff person who is responsible for compliance
with the requirements of these Acts.
 
    (105 ILCS 5/34-18.37 new)
    Sec. 34-18.37. Compliance with Chemical Safety Acts. The
Board of Education must adopt a procedure to comply with the
requirements of the Lawn Care Products Application and Notice
Act and the Structural Pest Control Act. The superintendent
must designate a staff person who is responsible for compliance
with the requirements of these Acts.
 
    Section 12. The Child Care Act of 1969 is amended by
changing Section 5.6 as follows:
 
    (225 ILCS 10/5.6)
    Sec. 5.6. Pesticide and lawn care product application at
day care centers.
    (a) Licensed day care centers shall abide by the
requirements of Sections 10.2 and 10.3 of the Structural Pest
Control Act.
    (b) Notification required pursuant to Section 10.3 of the
Structural Pest Control Act may not be given more than 30 days
before the application of the pesticide.
    (c) Each licensed day care center, subject to the
requirements of Section 10.3 of the Structural Pest Control
Act, must ensure that pesticides will not be applied when
children are present at the center. Toys and other items
mouthed or handled by the children must be removed from the
area before pesticides are applied. Children must not return to
the treated area within 2 hours after a pesticide application
or as specified on the pesticide label, whichever time is
greater.
    (d) The owners and operators of licensed day care centers
must ensure that lawn care products will not be applied to day
care center grounds when children are present at the center or
on its grounds. For the purpose of this Section, "lawn care
product" has the same meaning as that term is defined in the
Lawn Care Products Application and Notice Act.
(Source: P.A. 93-381, eff. 7-1-04.)
 
    Section 15. The Lawn Care Products Application and Notice
Act is amended by changing Sections 2, 3, and 6 as follows:
 
    (415 ILCS 65/2)  (from Ch. 5, par. 852)
    Sec. 2. Definitions.
    For purposes of this Act:
    "Application" means the spreading of lawn care products on
a lawn.
    "Applicator for hire" means any person who makes an
application of lawn care products to a lawn or lawns for
compensation, including applications made by an employee to
lawns owned, occupied or managed by his employer and includes
those licensed by the Department as licensed commercial
applicators, commercial not-for-hire applicators, licensed
public applicators, certified applicators and licensed
operators and those otherwise subject to the licensure
provisions of the Illinois Pesticide Act, as now or hereafter
amended.
    "Day care center" means any facility that qualifies as a
"day care center" under the Child Care Act of 1969.
    "Department" means the Illinois Department of Agriculture.
    "Department of Public Health" means the Illinois
Department of Public Health.
    "Facility" means a building or structure and appurtenances
thereto used by an applicator for hire for storage and handling
of pesticides or the storage or maintenance of pesticide
application equipment or vehicles.
    "Fertilizer" means any substance containing nitrogen,
phosphorus or potassium or other recognized plant nutrient or
compound, which is used for its plant nutrient content.
    "Golf course" means an area designated for the play or
practice of the game of golf, including surrounding grounds,
trees, ornamental beds and the like.
    "Golf course superintendent" means any person entrusted
with and employed for the care and maintenance of a golf
course.
    "Lawn" means land area covered with turf kept closely mown
or land area covered with turf and trees or shrubs. The term
does not include (1) land area used for research for
agricultural production or for the commercial production of
turf, (2) land area situated within a public or private
right-of-way, or (3) land area which is devoted to the
production of any agricultural commodity, including, but not
limited to plants and plant parts, livestock and poultry and
livestock or poultry products, seeds, sod, shrubs and other
products of agricultural origin raised for sale or for human or
livestock consumption.
    "Lawn care products" means fertilizers or pesticides
applied or intended for application to lawns.
    "Person" means any individual, partnership, association,
corporation or State governmental agency, school district,
unit of local government and any agency thereof.
    "Pesticide" means any substance or mixture of substances
defined as a pesticide under the Illinois Pesticide Act, as now
or hereafter amended.
    "Plant protectants" means any substance or material used to
protect plants from infestation of insects, fungi, weeds and
rodents, or any other substance that would benefit the overall
health of plants.
    "Turf" means the upper stratum of soils bound by grass and
plant roots into a thick mat.
(Source: P.A. 86-358.)
 
    (415 ILCS 65/3)  (from Ch. 5, par. 853)
    Sec. 3. Notification requirements for application of lawn
care products.
    (a) Lawn Markers.
        (1) Immediately following application of lawn care
    products to a lawn, other than a golf course, an applicator
    for hire shall place a lawn marker at the usual point or
    points of entry.
        (2) The lawn marker shall consist of a 4 inch by 5 inch
    sign, vertical or horizontal, attached to the upper portion
    of a dowel or other supporting device with the bottom of
    the marker extending no less than 12 inches above the turf.
        (3) The lawn marker shall be white and lettering on the
    lawn marker shall be in a contrasting color. The marker
    shall state on one side, in letters of not less than 3/8
    inch, the following: "LAWN CARE APPLICATION - STAY OFF
    GRASS UNTIL DRY - FOR MORE INFORMATION CONTACT: (here shall
    be inserted the name and business telephone number of the
    applicator for hire)."
        (4) The lawn marker shall be removed and discarded by
    the property owner or resident, or such other person
    authorized by the property owner or resident, on the day
    following the application. The lawn marker shall not be
    removed by any person other than the property owner or
    resident or person designated by such property owner or
    resident.
        (5) For applications to residential properties of 2
    families or less, the applicator for hire shall be required
    to place lawn markers at the usual point or points of
    entry.
        (6) For applications to residential properties of 2
    families or more, or for application to other commercial
    properties, the applicator for hire shall place lawn
    markers at the usual point or points of entry to the
    property to provide notice that lawn care products have
    been applied to the lawn.
    (b) Notification requirement for application of plant
protectants on golf courses.
        (1) Blanket posting procedure. Each golf course shall
    post in a conspicuous place or places an all-weather poster
    or placard stating to users of or visitors to the golf
    course that from time to time plant protectants are in use
    and additionally stating that if any questions or concerns
    arise in relation thereto, the golf course superintendent
    or his designee should be contacted to supply the
    information contained in subsection (c) of this Section.
        (2) The poster or placard shall be prominently
    displayed in the pro shop, locker rooms and first tee at
    each golf course.
        (3) The poster or placard shall be a minimum size of 8
    1/2 by 11 inches and the lettering shall not be less than
    1/2 inch.
        (4) The poster or placard shall read: "PLANT
    PROTECTANTS ARE PERIODICALLY APPLIED TO THIS GOLF COURSE.
    IF DESIRED, YOU MAY CONTACT YOUR GOLF COURSE SUPERINTENDENT
    FOR FURTHER INFORMATION."
    (c) Information to Customers of Applicators for Hire. At
the time of application of lawn care products to a lawn, an
applicator for hire shall provide the following information to
the customer:
        (1) The brand name, or common name, and scientific name
    of each lawn care product applied;
        (2) The type of fertilizer or pesticide contained in
    the lawn care product applied;
        (3) The reason for use of each lawn care product
    applied;
        (4) The range of concentration of end use product
    applied to the lawn and amount of material applied;
        (5) Any special instruction appearing on the label of
    the lawn care product applicable to the customer's use of
    the lawn following application; and
        (6) The business name and telephone number of the
    applicator for hire as well as the name of the person
    actually applying lawn care products to the lawn; and
        (7) Upon the request of a customer or any person whose
    property abuts or is adjacent to the property of a customer
    of an applicator for hire, a copy of the material safety
    data sheet and approved pesticide registration label for
    each applied lawn care product.
    (d) Prior notification of application to lawn. In the case
of all lawns other than golf courses:
        (1) Any neighbor whose property abuts or is adjacent to
    the property of a customer of an applicator for hire may
    receive prior notification of an application by contacting
    the applicator for hire and providing his name, address and
    telephone number.
        (2) At least the day before a scheduled application, an
    applicator for hire shall provide notification to a person
    who has requested notification pursuant to paragraph (1) of
    this subsection (d), such notification to be made in
    writing, in person or by telephone, disclosing the date and
    approximate time of day of application.
        (3) In the event that an applicator for hire is unable
    to provide prior notification to a neighbor whose property
    abuts or is adjacent to the property because of the absence
    or inaccessibility of the individual, at the time of
    application to a customer's lawn, the applicator for hire
    shall leave a written notice at the residence of the person
    requesting notification, which shall provide the
    information specified in paragraph (2) of this subsection
    (d).
    (e) Prior notification of application to golf courses.
        (1) Any landlord or resident with property that abuts
    or is adjacent to a golf course may receive prior
    notification of an application of lawn care products or
    plant protectants, or both, by contacting the golf course
    superintendent and providing his name, address and
    telephone number.
        (2) At least the day before a scheduled application of
    lawn care products or plant protectants, or both, the golf
    course superintendent shall provide notification to any
    person who has requested notification pursuant to
    paragraph (1) of this subsection (e), such notification to
    be made in writing, in person or by telephone, disclosing
    the date and approximate time of day of application.
        (3) In the event that the golf course superintendent is
    unable to provide prior notification to a landlord or
    resident because of the absence or inaccessibility, at the
    time of application, of the landlord or resident, the golf
    course superintendent shall leave a written notice with the
    landlord or at the residence which shall provide the
    information specified in paragraph (2) of this subsection
    (e).
    (f) Notification for applications of pesticides to day care
center grounds other than day care center structures and school
grounds other than school structures.
        (1) The owner or operator of a day care center must
    either (i) maintain a registry of parents and guardians of
    children in his or her care who have registered to receive
    written notification before the application of pesticide
    to day care center grounds and notify persons on that
    registry before applying pesticides or having pesticide
    applied to day care center grounds or (ii) provide written
    or telephonic notice to all parents and guardians of
    children in his or her care before applying pesticide or
    having pesticide applied to day care center grounds.
        (2) School districts must either (i) maintain a
    registry of parents and guardians of students who have
    registered to receive written or telephonic notification
    before prior to the application of pesticide pesticides to
    school grounds and notify persons on that list before
    applying pesticide or having pesticide applied to school
    grounds or (ii) provide written or telephonic notification
    to all parents and guardians of students before applying
    pesticide or having pesticide applied to school grounds
    such pesticide application.
        (3) Written notification required under item (1) or (2)
    of subsection (f) of this Section may be included in
    newsletters, bulletins, calendars, or other correspondence
    currently published by the school district, but posting on
    a bulletin board is not sufficient. The written or
    telephonic notification must be given at least 4 2 business
    days before application of the pesticide and should
    identify the intended date of the application of the
    pesticide and the name and telephone contact number for the
    school personnel responsible for the pesticide application
    program or, in the case of a day care center, the owner or
    operator of the day care center. Prior written notice shall
    not be required if there is imminent threat to health or
    property. If such a situation arises, the appropriate
    school personnel or, in the case of a day care center, the
    owner or operator of the day care center must sign a
    statement describing the circumstances that gave rise to
    the health threat and ensure that written or telephonic
    notice is provided as soon as practicable.
(Source: P.A. 91-99, eff. 7-9-99; 92-16, eff. 6-28-01.)
 
    (415 ILCS 65/6)  (from Ch. 5, par. 856)
    Sec. 6. This Act shall be administered and enforced by the
Department. The Department may promulgate rules and
regulations as necessary for the enforcement of this Act. The
Department of Public Health must inform school boards and the
owners and operators of day care centers about the provisions
of this Act that are applicable to school districts and day
care centers, and it must inform school boards about the
requirements contained in subdivisions 10-20.46 and 34-18.37
of the School Code. The Department of Public Health must
recommend that day care centers and schools use a
pesticide-free turf care program to maintain their turf. The
Department of Public Health must also report violations of this
Act of which it becomes aware to the Department for
enforcement.
(Source: P.A. 86-358; 87-1033.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/13/2009