Public Act 100-0115
Public Act 0115 100TH GENERAL ASSEMBLY
|Public Act 100-0115|
|HB3130 Enrolled||LRB100 10470 MJP 20683 b|
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Illinois Pesticide Act is amended by
changing Sections 6 and 12 as follows:
(415 ILCS 60/6)
(from Ch. 5, par. 806)
1. Every pesticide which is distributed, sold,
sale within this State, delivered for transportation or
transported in interstate commerce or between points within the
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
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
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
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
A. The Director will not consider data he required of
registrant of a pesticide in support of another
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
5. The Director may prescribe other requirements to support
registration by regulation.
6. For the years preceding the year 2004, any registrant
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
$600 per product per 2-year registration period
per product per year
and shall be paid at the time of
In addition, for the years preceding the year 2004 any
registering a pesticide product at any time
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
2-year registration period
$400 per year
and shall be paid at
the time of registration. Each legal entity of the business
business registration fee.
For the years preceding the year 2004, any applicant
experimental use permit shall pay the annual
of $100 per permit and all special local need
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
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
registrations for a pesticide already
registered shall be exempted from the
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
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
this Act. Renewal registration forms will be provided to
by the Director.
8. If the renewal of a pesticide registration is not filed
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
product shall apply in lieu of the normal annual product
. The late registration assessment shall not
apply if the applicant furnishes an affidavit certifying that
unregulated pesticide was distributed or sold during the
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
requirements of registering a pesticide intended for
11. The Director shall not make any lack of essentiality a
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
dispose of any pesticide the registration of which has
revoked or cancelled or which is otherwise not
in the State.
(Source: P.A. 96-1310, eff. 7-27-10.)
(415 ILCS 60/12)
(from Ch. 5, par. 812)
No pesticide operator shall use
without a pesticide operator license issued by
1. Application for an operator license shall be made in
forms available from the Director. Each
application shall contain information
regarding the nature of
applicants pesticide use, his qualifications, and
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
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
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
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
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
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
is $45. The late application fee for a
license shall be $20 in
addition to the normal license
. A commercial
not-for-hire operator shall be assessed a fee of $10 for a
(Source: P.A. 99-540, eff. 1-1-17
This Act takes effect upon
Effective Date: 8/15/2017