State of Illinois
91st General Assembly
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Public Act 91-0099

SB527 Enrolled                                 LRB9105047LDpk

    AN ACT to amend the Lawn Care  Products  Application  and
Notice Act by changing Section 3.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Lawn Care Products Application and Notice
Act is amended by changing Section 3 as follows:

    (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 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.
    (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
school   grounds   other   than  school  structures.   School
districts must maintain a registry of parents  and  guardians
of   students   who   have   registered  to  receive  written
notification prior to the application of pesticides to school
grounds or provide written notification to  all  parents  and
guardians  of  students  before  such  pesticide application.
Written  notification  may  be   included   in   newsletters,
bulletins,   calendars,  or  other  correspondence  currently
published by the school district.  The  written  notification
must  be given at least 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.   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  must sign a statement describing the circumstances
that gave rise to the health threat and ensure  that  written
notice is provided as soon as practicable.
(Source: P.A. 86-358.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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