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Public Act 100-0115


 

Public Act 0115 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0115
 
HB3130 EnrolledLRB100 10470 MJP 20683 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Pesticide Act is amended by
changing Sections 6 and 12 as follows:
 
    (415 ILCS 60/6)  (from Ch. 5, par. 806)
    Sec. 6. Registration.
    1. Every pesticide which is distributed, sold, offered for
sale within this State, delivered for transportation or
transported in interstate commerce or between points within the
State through any point outside the State, shall be registered
with the Director or his designated agent, subject to
provisions of this Act. Such registration shall be for a period
determined under item 1.5 of this Section and shall expire on
December 31st. Registration is not required if a pesticide is
shipped from one plant or warehouse to another plant or
warehouse by the same person and is used solely at such plant
or warehouse as a constituent part to make a pesticide which is
registered under provisions of this Act and FIFRA.
    1.5. In order to stagger product registrations, the
Department shall, for the 2011 registration year, register half
of the applicants and their products for one year and the other
half for 2 years. Thereafter, a business registration and
product registration shall be for 2 years.
    2. Registration applicant shall file a statement with the
Director which shall include:
        A. The name and address of the applicant and the name
    and address of the person whose name will appear on the
    label if different from the applicant's.
        B. The name of the pesticide.
        C. A copy of the labeling accompanying the pesticide
    under customary conditions of distribution, sale and use,
    including ingredient statement, direction for use, use
    classification, and precautionary or warning statements.
    3. The Director may require the submission of complete
formula data.
    4. The Director may require a full description of tests
made and the results thereof, upon which the claims are based,
for any pesticide not registered pursuant to FIFRA, or on any
pesticide under consideration to be classified for restricted
use.
        A. The Director will not consider data he required of
    the initial registrant of a pesticide in support of another
    applicants' registration unless the subsequent applicant
    has obtained written permission to use such data.
        B. In the case of renewal registration, the Director
    may accept a statement only with respect to information
    which is different from that furnished previously.
    5. The Director may prescribe other requirements to support
a pesticide registration by regulation.
    6. For the years preceding the year 2004, any registrant
desiring to register a pesticide product at any time during one
year shall pay the annual registration fee of $100 per product
registered for that applicant. For the years 2004 through 2010,
the annual product registration fee is $200 per product. For
the years 2011 and thereafter, the product registration fee
shall be $600 per product per 2-year registration period $300
per product per year and shall be paid at the time of
registration.
    In addition, for the years preceding the year 2004 any
business registering a pesticide product at any time during one
year shall pay the annual business registration fee of $250.
For the years 2004 through 2010, the annual business
registration fee shall be $400. For the years 2011 and
thereafter, the business registration fee shall be $800 per
2-year registration period $400 per year and shall be paid at
the time of registration. Each legal entity of the business
shall pay the business registration fee.
    For the years preceding the year 2004, any applicant
requesting an experimental use permit shall pay the annual fee
of $100 per permit and all special local need pesticide
registration applicants shall pay an annual fee of $100 per
product. For the years 2004 through 2010, the annual
experimental use permit fee and special local need pesticide
registration fee is $200 per permit. For the years 2011 and
thereafter, the annual experimental use permit and special
local need pesticide registration fee shall be $300 per
product. Subsequent SLN registrations for a pesticide already
registered shall be exempted from the registration fee.
        A. All registration accepted and approved by the
    Director shall expire on the 31st day of December in any
    one year unless cancelled. Registration for a special local
    need may be granted for a specific period of time with the
    approval date and expiration date specified.
        B. If a registration for special local need granted by
    the Director does not receive approval of the Administrator
    of USEPA, the registration shall expire on the date of the
    Administrator's disapproval.
    7. Registrations approved and accepted by the Director and
in effect on the 31st day of December, for which renewal
application is made, shall continue in full force and effect
until the Director notifies the registrant that the renewal has
been approved and accepted or the registration is denied under
this Act. Renewal registration forms will be provided to
applicants by the Director.
    8. If the renewal of a pesticide registration is not filed
within 30 days of the date of expiration, a penalty late
registration assessment of $100 per product shall apply in
addition to the regular product registration fee $400 per
product shall apply in lieu of the normal annual product
registration fee. The late registration assessment shall not
apply if the applicant furnishes an affidavit certifying that
no unregulated pesticide was distributed or sold during the
period of registration. The late assessment is not a bar to
prosecution for doing business without proper registry.
    9. The Director may prescribe by regulation to allow
pesticide use for a special local need, pursuant to FIFRA.
    10. The Director may prescribe by regulation the provisions
for and requirements of registering a pesticide intended for
experimental use.
    11. The Director shall not make any lack of essentiality a
criterion for denial of registration of any pesticide. Where 2
pesticides meet the requirements, one should not be registered
in preference to the other.
    12. It shall be the duty of the pesticide registrant to
properly dispose of any pesticide the registration of which has
been suspended, revoked or cancelled or which is otherwise not
properly registered in the State.
(Source: P.A. 96-1310, eff. 7-27-10.)
 
    (415 ILCS 60/12)  (from Ch. 5, par. 812)
    Sec. 12. Licensed operator. No pesticide operator shall use
any pesticides without a pesticide operator license issued by
the Director.
    1. Application for an operator license shall be made in
writing on designated forms available from the Director. Each
application shall contain information regarding the nature of
applicants pesticide use, his qualifications, and such other
facts as prescribed on the form. The application shall also
include the following:
        A. The full name of applicant.
        B. The address of the applicant.
        C. The name of and license/certification number of the
    pesticide applicator under whom the applicant will work.
    2. The Director shall not issue a pesticide operator
license until the individual identified has demonstrated his
competence and knowledge regarding pesticide use in accordance
with Section 9 of this Act.
    3. The Director shall not issue an operator license to any
person who is unable to provide the name and
license/certification number of an applicator under whom the
operator will work.
    4. For the years preceding the year 2001, a licensed
commercial operator working for or under the supervision of a
certified licensed commercial pesticide applicator shall pay
an annual fee of $25. For the years 2001, 2002, and 2003, the
annual fee for a commercial operator license is $30. For the
years 2004, 2005, and 2006, the annual fee for a commercial
operator license is $35. For the years 2007 through 2017, the
annual fee for a commercial operator license is $40. For the
years 2018 and thereafter, the fee for a multi-year commercial
operator applicator license is $120. The late application fee
for an operator license shall be $20 in addition to the normal
license fee. A licensed operator shall be assessed a fee of $10
for a duplicate license.
    5. For the years 2011 through 2017, the commercial
not-for-hire pesticide operator license fee shall be $15. For
the years 2018 and thereafter, the fee for a multi-year
commercial not-for-hire pesticide operator applicator license
is $45. The late application fee for a public or commercial
not-for-hire operator applicator license shall be $20 in
addition to the normal license fee fees. A commercial
not-for-hire operator shall be assessed a fee of $10 for a
duplicate license.
(Source: P.A. 99-540, eff. 1-1-17.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/15/2017