TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.10 DEFINITIONS
Section 250.10 Definitions
"Act"
means the Illinois Pesticide Act (Ill. Rev. Stat. 1987, ch. 5, par. 801 et
seq.).
"Commercial
operator" is a licensed operator who works under the supervision of a
commercial applicator.
"Commercial
not for hire operator" is a licensed operator who works under the
supervision of a commercial not for hire applicator.
"Department"
means the Illinois Department of Agriculture.
"FIFRA"
means the Federal Insecticide, Fungicide, Rodenticide Act (7 U.S.C. 136 et
seq.).
"Public
operator" is a licensed operator who works under the supervision of a
public applicator.
(Source: Amended at 12 Ill. Reg. 12784, effective July 26, 1988)
 | TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.20 REGISTRATION OF PESTICIDE DEALERS SELLING RESTRICTED USE PESTICIDES OR CERTAIN NON-RESTRICTED USE PESTICIDES
Section 250.20 Registration
of Pesticide Dealers Selling Restricted Use Pesticides or Certain
Non-Restricted Use Pesticides
a) Pesticide dealers who sell restricted use pesticides in
containers of any size, or pesticide dealers who sell non-restricted use
pesticides for use in the production of an agricultural commodity in containers
with a capacity of 2.5 gallons or greater, or 10 pounds or greater, shall be
registered annually with the Director, in accordance with Section 13 of the
Act. The registration shall expire December 31. The registration shall be
made upon forms provided by the Director for this purpose. The registration
information shall include the:
1) name of the pesticide dealer business,
2) address of the registered dealer,
3) name of the person to contact at the place of business, and
4) information concerning the type of business registered (e.g.,
hardware store, department store).
b) A separate license shall be required for each person who sells
restricted use pesticides in containers of any size, or for each person who
sells non-restricted use pesticides for use in the production of an
agricultural commodity in containers with a capacity of 2.5 gallons or greater,
or 10 pounds or greater. For the purpose of this subsection, a person shall
mean any individual.
c) Testing of pesticide dealers who sell restricted use
pesticides in containers of any size, or pesticide dealers who sell
non-restricted use pesticides for use in the production of an agricultural
commodity in containers with a capacity of 2.5 gallons or greater, or 10 pounds
or greater, shall consist of a 50-question, multiple choice, closed book
examination on the Act and rules. A passing grade shall be when 70 percent of
the questions are answered correctly. The pesticide dealer examination will be
scheduled at least annually at various regional locations throughout the state.
Examinations will also be scheduled by prior appointment at the Springfield
office of the Department of Agriculture during normal work hours as set forth
in Section 5-635 of the Civil Administrative Code of Illinois [20 ILCS 5/5-635].
A person may make only two attempts to successfully demonstrate competency in
any one normal work day.
(Source: Amended at 30 Ill.
Reg. 12756, effective July 14, 2006)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.30 REGISTRATION OF PESTICIDES
Section 250.30 Registration
of Pesticides
Except as otherwise provided by
the Act or specified by rules promulgated thereunder, any pesticide which is an
USEPA registered product may be registered with the Director. Any pesticide
distributed, sold, transported or used within Illinois shall be registered with
the Director on designated forms available from the Director. Registration of
pesticides shall be in accordance with Section 6 of the Act.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.40 REGISTRATION OF EXPERIMENTAL USE PESTICIDES
Section 250.40 Registration
of Experimental Use Pesticides
a) Pesticides for which USEPA has issued an Experimental Use
Permit and for which the applicant or registrant has specified an Illinois
cooperator for conducting experimental studies shall be registered with the
Director. If experimental studies are not to be conducted within Illinois with
an Illinois cooperator, the Experimental Use Pesticide shall not be registered
by the Director. Registration shall expire on the date designated by USEPA upon
granting or extending approval for the Experimental Use Permit.
b) Registration of an Experimental Use Pesticide shall be made on
forms available from the Director. Registration forms will include or be
accompanied by detailed filing instructions.
c) Registration of Experimental Use Pesticides shall contain the
following information:
1) Name and address of the registrant.
2) The applicant's local representative if different than the
person completing the registration form for the registrant.
3) The name and address of the Illinois cooperator or each
Illinois cooperator if there be more than one.
4) The amount of Experimental Use Pesticide product to be used
within the State.
5) The label or labeling information currently available which
will accompany the product being distributed to the cooperator. All labeling
information submitted for this regulation purpose shall be treated as
confidential.
6) Additional information regarding product toxicity, antidote
and/or treatment in case of poisoning or contamination.
d) The fee for an Experimental Use Permit and the fee to register
the pesticide product shall be as set forth in Section 6 of the Act.
e) Distribution, use, storage and disposition of agricultural
commodities treated with Experimental Use Pesticides shall be in compliance
with provisions of the FIFRA and regulations promulgated thereunder unless
specified differently by the terms of the Experimental Use Permit.
(Source: Amended at 10 Ill. Reg. 7663, effective April 28, 1986)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.50 REGISTRATION OF SPECIAL LOCAL NEED PESTICIDES
Section 250.50 Registration
of Special Local Need Pesticides
a) Pesticides may be registered for distribution and use solely
within the State of Illinois as provided under Section 24(c) of the FIFRA.
These are referred to as SLN or "Special Local Need" registrations.
b) Registration of a pesticide to meet a special local need shall
be made on forms available from the Director or the USEPA. Registration forms
shall include or be accompanied by detailed filing instructions.
c) The application to register a pesticide to meet a special
local need shall contain:
1) Name and address of registrant.
2) The person representing the registrant.
3) A statement of special local need problem.
4) Information on the type of registration.
5) Data relative to product efficacy and product hazard.
6) A copy of the label showing claim and warnings, direction for
use and ingredient statement.
d) When registering products for SLN, the Director may call upon
persons with technical expertise within and outside the Department to review
each application to register pesticide to meet a special local need pest
condition. The reviewer(s) will advise the Director as to the appropriateness
of each registration. The Director may formally constitute a review committee.
The Director shall consider the data submitted in the application and the
advise of the reviewer(s) when deciding to approve a registration.
e) The Director shall advise each applicant for SLN registration
of his/her decision relative to granting or denial of the registration within
sixty (60) days of the date the registration was received.
f) SLN registration shall be for a limited period of time
sufficient to control the pest but under no circumstances shall the period
exceed five (5) years.
g) Pesticides not previously registered with the State which are
granted a special local need registration are subject to the fee specified in
Section 6 of the Act.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.60 EMERGENCY EXEMPTION REGISTRATION
Section 250.60 Emergency
Exemption Registration
a) Any person may petition the Director to declare a pest
emergency and request approval for nonregistered use of a pesticide or
pesticide combination. The Director may on his own initiative also determine a
pest emergency exists. The Director shall approve an emergency exemption
registration of pesticide application(s) as provided in Section 18 of the FIFRA.
b) An emergency is deemed to exist when:
1) A pest outbreak occurs or is expected to occur and no
pesticide is registered for that particular use or no alternative method of
control is available;
2) Significant economic losses or health problems will occur
without the use of the pesticide or pesticide combination; and
3) The time available from discovery of pest problem is
insufficient for a pesticide to be registered for that particular use.
c) The Director may grant a specific emergency exemption for
pesticide registration to meet emergency conditions.
d) The Director may grant a quarantine emergency exemption to
prevent the introduction or spread of a foreign pest into or throughout the
State. A foreign pest is a pest not known to occur within the United States or
a pest not previously known to be established within the State or the United
States.
e) The Director may grant a public health pest emergency
exemption to control pests which pose or can be expected to pose a threat to
the health of Illinois citizens. The petition to declare such an emergency must
be approved by the Director of the Department of Public Health.
f) The emergency exemption registration petition to the Director
must be made in accordance with the Rules and Regulations promulgated by the
Department of Agriculture under the authority of the Administrative Procedure
Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) and contain the
following information:
1) The nature, scope and frequency of the emergency.
2) A description of the pest known to occur, the places or times
it may be likely to occur, and the estimated time when treatment must be
commenced to be effective.
3) Whether a pesticide registered for the particular use, or
other method of eradicating or controlling the pest, is available to meet the
emergency, and the basis for such determination.
4) A listing of the pesticide or pesticides proposed for use in
the event of an outbreak.
5) Description of the nature of the program for eradication or
control. Such description should include:
A) Quantity of the pesticide expected to be applied.
B) Area or place of application.
C) Method of application.
D) Duration of application.
E) Qualifications of personnel involved in such application.
6) Statement of economic benefits and losses anticipated with and
without the exemption and other reasonable alternatives.
7) Analysis of possible adverse effects on man and the
environment and non-target organisms.
g) The Director may grant a crises exemption registration to meet
a pest emergency. A crises exemption may be required when the pest outbreak is
unexpected and unpredictable and the time element with respect to application
of pest control measures is so critical that a specific exemption petition
could not be considered. For crisis exemption, the petition does not need to
include support data or information. Within 10 days of granting the crisis
exemption the Director must be provided with all the support data and
information as specified in Section 250.60(f).
h) The Director may require posting of public notice and/or
conducting a public information meeting if the pesticide use poses a hazard to
man or the environment.
i) The fee to register a pesticide product shall be as set forth
in Section 6 of the Act.
(Source: Amended at 10 Ill. Reg. 7663, effective April 28, 1986)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.70 METHOD OF BECOMING CERTIFIED APPLICATORS
Section 250.70 Method of
Becoming Certified Applicators
Persons may
become certified applicators by demonstrating an understanding of and
competence for the handling and use of pesticides as established in Sections
250.80 and 250.90 of this Part.
(Source: Amended at 12 Ill. Reg. 12784, effective July 26, 1988)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.80 PRIVATE PESTICIDE APPLICATORS: CERTIFICATION, LICENSING, TESTING AND TRAINING
Section 250.80 Private
Pesticide Applicators: Certification, Licensing, Testing and Training
a) Private pesticide applicators shall re-establish certification
when required to do so in accordance with Section 9 of the Act.
b) A person may make application to the Director to become
licensed as a private applicator in accordance with Section 11 of the Act.
c) A person may become certified or recertified as a private
applicator by:
1) attending a training session conducted by the University of
Illinois Cooperative Extension Service which has been approved by or is in
cooperation with the Department and by successful completion of a written,
closed book, competency examination; or
2) in lieu of attendance at a training session, successfully
complete a written closed book examination pursuant to subsection (e).
d) Training sessions for private applicators will be conducted as
needed on a local basis, usually but not strictly limited to the geographic
area of one county. Each training session will be a minimum of three (3) hours
duration and must address all general competency standards and current pesticide
use information.
e) The closed book examination will consist of questions
pertinent to general competency standards (see Section 250.110) for which a
correct answer is to be selected for each question from multiple choice
answers.
f) Private applicator certification will be granted or denied by
the Director after grading of the examination. If a minimum of 70% of the
answers are not correct or the information requested on the examination
application is not provided, certification will be withheld.
g) Examination/application form and training materials for
private applicator certification will be available at the local level at the
Director's direction and at the Director's office.
(Source: Amended at 12 Ill. Reg. 12784, effective July 26, 1988)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.90 COMMERCIAL APPLICATOR, COMMERCIAL NOT FOR HIRE APPLICATOR AND PUBLIC APPLICATOR: CERTIFICATION, TESTING AND LICENSING
Section 250.90 Commercial
Applicator, Commercial Not For Hire Applicator and Public Applicator:
Certification, Testing and Licensing
a) A person may make application to the Director to become
licensed as a licensed commercial applicator, commercial not for hire
applicator or licensed public applicator only after successfully demonstrating
comprehension of the general competency standards (Section 250.110) and one or
more of the technical category areas of pesticide use (Section 250.120).
b) A person establishing qualifications for certification to
become a licensed commercial applicator, commercial not for hire applicator or
public applicator for the first time or needing to re-establish qualifications
for certification shall apply to the Director for examination in accordance
with Sections 10, 11 and 11.1 of the Act.
c) Closed book examinations for certified commercial, commercial
not for hire or public applicators will be scheduled by the Director at least
once annually at various regional locations throughout the State. Examinations
will also be scheduled by prior appointment at appropriate state regional
offices at other times during the year.
d) A person desiring certification or recertification shall
demonstrate competency in pesticide use by answering 70% or better of the
examination questions correctly. A person must successfully demonstrate
competence in the general competency standard before being permitted to take
specific technical category examination(s).
e) A person may only make two attempts to successfully
demonstrate competence in any one normal work day. The examination can only be
taken a maximum of three (3) times within any six month period.
(Source: Amended at 12 Ill. Reg. 12784, effective July 26, 1988)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.100 LICENSED OPERATOR (COMMERCIAL OPERATOR, COMMERCIAL NOT FOR HIRE OPERATOR AND PUBLIC OPERATOR): TESTING AND LICENSING
Section 250.100 Licensed
Operator (Commercial Operator, Commercial Not For Hire Operator and Public
Operator): Testing and Licensing
a) A person may make application to the Director to become a
licensed operator only after successfully demonstrating comprehension of the
general competency standards (see Section 250.110). A license will not be
issued unless the person is working under the supervision of a
licensed/certified applicator. The licensed operator must notify the Director
when the license/certified applicator under whose supervision he is working
changes.
b) A person establishing qualifications to become a licensed
commercial operator, licensed commercial not for hire operator or public
operator for the first time or needing to re-establish qualifications must
apply to the Director for examination on forms available from the Director.
c) A closed book examination for commercial operator, commercial
not for hire operator or public operator will be scheduled at least once
annually at various regional locations throughout the state. Examinations will
also be scheduled by prior appointment at appropriate state regional offices at
other times during the year.
d) A person becoming licensed as an operator for the first time
or re-establishing competency must answer correctly 70% or more of the
examination questions.
e) A person may make only two attempts to successfully
demonstrate competence in any one normal work day. The examination can only be
taken a maximum of three (3) times within any six month period.
(Source: Amended at 12 Ill. Reg. 12784, effective July 26, 1988)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.110 GENERAL COMPETENCY STANDARDS TO BE COVERED ON THE TESTS
Section 250.110 General
Competency Standards to be Covered on the Tests
The general competency standards
will deal with the following:
a) Label and Labeling Comprehension:
1) The general format and terminology of pesticide labels and
labeling;
2) The understanding of instructions, warnings, terms, symbols,
and other information commonly appearing on pesticide labels;
3) Classification of the product, general or restricted; and
4) Necessity for use consistent with label.
b) Safety – Factors including:
1) Pesticide toxicity and hazard to man and common exposure
routes;
2) Common types and causes of pesticide accidents;
3) Precautions necessary to guard against injury to applicators
and other individuals in or near treated areas;
4) Need for and use of protective clothing and equipment;
5) Symptoms of pesticide poisoning;
6) First aid and other procedures to be followed in case of a
pesticide accident; and
7) Proper identification, storage, transport, handling, mixing
procedures and disposal methods for pesticides and used pesticide containers,
including precautions to be taken to prevent children from having access to
pesticide and pesticide containers.
c) Environment – The potential environmental consequences of the
use and misuse of pesticides as may be influenced by such factors as:
1) Weather and other climatic conditions;
2) Types of terrain, soil or other substrate;
3) Presence of fish, wildlife and other nontarget organisms;
4) Drainage patterns;
5) Potential groundwater contamination; and
6) Endangered Species.
d) Pests – Factors such as:
1) Common features of pest organisms and characteristics of
damage needed for pest recognition;
2) Recognition of relevant pests; and
3) Pest development and biology as it may be relevant to problem
identification and control.
e) Pesticides – Factors such as:
1) Types of pesticides;
2) Types of formulations;
3) Compatability, synergism, persistence and animal and plant
toxicity of the formulation;
4) Hazards and residues associated with use;
5) Factors which influence effectiveness or lead to such problems
as resistance to pesticides; and
6) Dilution procedures.
f) Application techniques – Factors including:
1) Methods of procedure used to apply various formulations of
pesticides, solutions, and gases, together with a knowledge of which technique
of application to use in a given situation;
2) Relationship of discharge and placement of pesticides to
proper use, unnecessary use, and misuse; and
3) Prevention of drift and pesticide loss into the environment.
g) Laws and Regulations – applicable state and federal laws and
regulations.
(Source: Amended at 12 Ill. Reg. 12784, effective July 26, 1988)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.120 TECHNICAL CATEGORY AREAS OF PESTICIDE USE
Section 250.120 Technical
Category Areas of Pesticide Use
a) Category 1 is Agricultural Pest Control containing six
subcategories as follows:
1) Field Crop Control
This category of pesticide applicators includes those
applying pesticides in production of agricultural field crops including but not
limited to field corn, soybeans, feed grains and forage as well as on
grasslands and noncrop agricultural lands.
2) Vegetable Crop Pest Control
This category includes applicators using or supervising the
use of pesticides in production of vegetable crops, including but not limited
to tomatoes, sweetcorn, asparagus, peas, or beans as well as on grasslands and
noncrop agricultural lands associated with the land on which vegetable crops
are grown.
3) Fruit Crop Pest Control
This category includes applicators using or supervising the
use of pesticides in the production of small fruits or tree fruits and nuts as
well as on grasslands and noncrop agricultural lands associated with the land
on which fruit or nut crops are grown.
4) Grain Facility Pest Control
This category includes applicators using pesticides for the
prevention and control of pests in, on or around grain elevators or similar
grain holding facilities which are not included under or classified as a part
of the classification of Food Manufacturing, Food Processing, and Food Storage
Facility. Pest control in, on, around food or feed facilities is one of the subcategories
under Category 7.
5) Animal-Livestock Pest Control
This category includes applicators using or supervising the
use of pesticides on animals, including but not limited to the following: beef
cattle, dairy cattle, swine, sheep, horses, goats, poultry, and livestock and
to places on or in which animals are confined or housed. Doctors of veterinary
medicine engaged in the business of applying pesticides for hire, publicly
holding themselves out as pesticide applicators or engaged in large scale use
of pesticides are included in this category.
6) Grain Fumigation Pest Control
This category includes private applicators (farmers) who use
pesticides to treat stored grain upon their own property.
b) Category 2 is Forest Pest Control.
This category includes applicators using pesticides in
forests, forest nurseries and forest seed producing areas.
c) Category 3 is Ornamental and Turf Pest Control containing the
subcategories as follows:
1) Ornamental Pest Control.
This category includes pesticide applicators applying
pesticides in the maintenance and production of trees, ornamental trees, shrubs
and flowers.
2) Turf Pest Control.
This category includes pesticide applicators applying
pesticides in the maintenance and production of sod and/or turf.
3) Plant Management Pest Control.
This category includes pesticide applicators applying
pesticides in the maintenance of portable plants used for interior landscaping
and interior design.
d) Category 4 is Seed Treatment Pest Control.
This category includes applicators using pesticides on seeds.
e) Category 5 is Aquatic Pest Control.
This category includes applicators using pesticides
purposefully applied to standing or running water, excluding applicators
engaged in public health programs for the management and control of pests
having medical and public health importance.
f) Category 6 is Right-of-Way Pest Control.
This category includes applicators using pesticides in the
maintenance of public roads, electric powerlines, pipelines, railway
right-of-way or other similar areas.
g) Category 7 is Industrial, Institutional, Structural, and
Health Related Pest Control.
This category is under the jurisdiction of the Illinois
Department of Public Health, Structural Pest Control Act [225 ILCS 235] and
rules for that Act (77 Ill. Adm. Code 830).
h) Category 8 is Public Health Pest Control.
This category is under the jurisdiction of the Illinois
Department of Public Health, except as hereafter provided. Mosquito Pest
Control is a category of pesticide applicators using pesticides for the
prevention and control of mosquitoes. Pesticide applications may be made on or
around, although not limited to structures such as schools and hospitals,
industrial and business establishments and adjacent areas, including ditches,
canals, low wet areas, and stagnant pools, to prevent or control the spread of
mosquito borne diseases and for control of nuisance level populations of pest
mosquitoes. In accordance with Section 3(2) of the Act and the Structural Pest
Control Act, the examination and training for this category is developed by the
Department of Public Health. The examination, certification and licensing of
applicants is administered by the Department of Agriculture. No other public
health and structural pest control activities in fact or by implication are
permitted under this license.
i) Category 9 is Regulatory Pest Control.
This category includes state, federal or other governmental
employees who use or supervise the use of pesticides in the control of
pesticide enforcement or regulatory activities.
j) Category 10 is Demonstration and Research Pest Control.
This category includes:
1) Individuals who demonstrate to the public the proper use and
techniques of application of restricted use or general use pesticides or
supervise such demonstration. Included in this group are such persons as
extension specialists and county agents, commercial representatives
demonstrating pesticide products, and those individuals demonstrating methods
used in public programs.
2) persons conducting field research with pesticides and, in
doing so, use or supervise the use of restricted or general use pesticides.
k) Category 11 is Soil Fumigation Pest Control.
This category includes applicators using pesticides for soil
fumigation.
l) Category 12 is Sewer Root Control.
This category includes applicators using pesticides for the
control of roots within sewer systems.
(Source: Amended at 24 Ill. Reg. 7191, effective April 27, 2000)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.130 SURETY BOND OR LIABILITY INSURANCE
Section 250.130 Surety Bond
or Liability Insurance
Procedures for the cancellation,
collection, control and distribution of surety bonds shall be as established in
8 Ill. Adm. Code 3: Subpart A. Insurance policies shall be handled in the same
manner as surety bonds.
(Source: Amended at 8 Ill. Reg. 855, effective January 5, 1984)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.140 INTERAGENCY COMMITTEE ON PESTICIDES
Section 250.140 Interagency
Committee on Pesticides
a) Each member of the Interagency Committee on Pesticides when
assigning a designee to serve in his stead shall notify the Director in
writing. The Director shall be notified in writing when designee changes are
made.
b) Proceedings of the Interagency Committee on Pesticides shall
be governed by "Roberts Rules of Order."
c) The duties and responsibilities of the Interagency Committee
on Pesticides shall be as established in Section 19 of the Act.
d) The meetings shall be open to the public and the Director
shall issue a press release advising the public of regularly scheduled
meetings. Persons desiring to submit data and/or comments before the
Interagency Committee on Pesticides must register with the chairman.
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.150 RECORD KEEPING
Section 250.150 Record
Keeping
a) Pesticide dealers shall retain a record of all sales of
restricted use pesticides or pesticides that the Director has declared to be a
pesticide requiring a permit for two (2) years. The record shall include, but
is not limited to, the following for each individual sale of such a pesticide:
1) Quantity and kind of pesticide for individual sales.
2) Name and address of purchaser.
3) Purchaser's certification number and type of certification if
appropriate.
4) Date of sale.
b) Certified commercial applicators and operators shall keep a
record of all restricted pesticide usage for two (2) years. The record shall
include, but is not limited to, the following for each individual use of a
restricted use pesticide:
1) Name of the chemical.
2) USEPA registration number.
3) Amount of chemical concentration per unit treated (e.g.,
pounds or ounces per acre).
4) Date of application.
5) Use site(s).
(Source: Amended at 12 Ill. Reg. 12784, effective July 26, 1988)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.160 PERMITS
Section 250.160 Permits
a) The Director may declare a pesticide sale, use application
within or shipment into the State prohibited without prior permit. A permit
for sale, use or shipment is required for pesticides that USEPA has ordered
registration cancelled or suspended even when such order provides for specific
continued use registration, an orderly phase out of uses and/or continued use
until current inventories are exhausted.
b) The following pesticides must be accompanied by a permit:
1) Dichloro diphenyl trichlorethane (DDT);
2) Sodium fluoroacetate (Compound 1080);
3) Fluoroacetamide (Compound 1081);
c) A pesticide permit to allow the sale, use application or
shipment of any pesticide determined to be a permitted pesticide, when such
sale, use, application or shipment is in conjunction with a public health pest
control problem or a structural pest control problem, may be issued by the
Director of the Department of Public Health after consulting the Director of
the Department of Agriculture. In other instances the Director of Agriculture
will issue said permit after considering USEPA registration action, information
relative to toxicity and environmental hazards, and other factors meriting
consideration, including but not limited to, public health and welfare, past performance
of applicant and economic matters.
d) Application to sell, use, apply or ship pesticides requiring a
permit shall be made to the respective responsible agency on forms provided by
that agency.
e) No pesticide permit will be issued contrary to USEPA product
registration standards (40 U.S.C. 136a).
f) A pesticide permit will be valid for a limited period
sufficient to control the pest but under no circumstances shall that period
exceed one year. Such permit will specify the quantity of pesticides
permitted, the purpose for which this pesticide is needed, and any conditions
imposed by the Director in granting said permit.
g) There is no charge for the pesticide permit.
(Source: Amended at 12 Ill. Reg. 12784, effective July 26, 1988)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.170 ADMINISTRATIVE HEARINGS
Section 250.170
Administrative Hearings
All decisions and actions of the
Department are subject to the Illinois Administrative Procedure Act (Ill. Rev.
Stat. 1991, ch. 127, par. 1001-1 et seq.) and the Department's Administrative
Rules (8 Ill. Adm. Code 1) which pertain to administrative hearings, petitions,
proceedings, contested cases, declaratory rulings and availability of
Department files for public access. Administrative hearings are governed by
the Illinois Administrative Procedure Act and Subpart B of the Department's
Administrative Rules. The respondent may request and the Department shall
grant an administrative hearing sooner than the 10 days notice requirement for
contested cases.
(Source: Amended at 12 Ill. Reg. 12784, effective July 26, 1988)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.180 ADMINISTRATIVE PENALTIES
Section 250.180
Administrative Penalties
a) The Department will only assess a point value penalty from the
violation criteria (Section 24.1 of the Act) when it is determined that such
penalty can be assessed. In no case shall the same or similar violation
criteria be assessed penalty points more than once for each violation.
b) If the complaint or incident was caused by and the
responsibility of the customer or purchaser of the product or service to
perform their duties as agreed to either orally or by written contract, then
the applicator shall not be subject to the penalty points assessment so long as
the applicator has notified the customer or purchaser of their duties to comply
with the pesticide use and that the applicator is consistent with that
notification to all his customers or purchasers. Oral instructions or
agreements shall be verified in writing and made available for review at the
Department's request.
(Source: Added at 12 Ill. Reg. 12784, effective July 26, 1988)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.190 FORMULATION VIOLATIONS OF THE LABEL CLAIM
Section 250.190 Formulation
Violations of the Label Claim
a) Any product that is under or over formulated according to the
following tables shall be subject to Sections 14, 15, 16, and 24.1 of the Act.
b) The allowable under formulation limits are as follows:
1) All products other than those listed in Section 250.190(b)(2)
and (3):
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If the
Active Ingredient
Claim is:
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The
Minimum Active Ingredient Content of Label Claim Shall be:
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Less than
0.51%
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80%
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0.51-1.00%
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85%
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1.01-5.00%
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90%
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5.01-9.99%
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92%
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10.00-50.00%
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94%
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50.01-100%
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96%
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2) Fertilizers/pesticides mixtures, pressed blocks and
non-uniform baits:
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If the
Active Ingredient
Claim is:
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The
Minimum Active Ingredient Content of Label Claim Shall be:
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Less than
1.26%
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67%
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1.26-5.00%
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80%
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Over 5.00%
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85%
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3) Rotenone, pyrethrin and other natural product formulations:
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If the
Active Ingredient
Claim is:
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The
Minimum Active Ingredient Content of Label Claim Shall be:
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Less than
0.51%
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70%
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0.51-1.25%
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80%
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Over 1.25%
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85%
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c) The allowable over formulation limits are as follows:
1) All ingredients other than those listed in Section
250.190(c)(2):
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If the
Active Ingredient
Claim is:
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The
Minimum Active Ingredient Content of Label Claim Shall be:
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Less than
0.51%
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150%
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0.51-5.00%
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140%
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5.01-10.00%
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130%
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10.01-50.00%
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125%
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50.01-100%
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115%
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2) If the product contains a label claim of 40% sodium fluoride,
2% sodium arsenite, or 1.5% arsenic trioxide, and is intended for household
use, the active ingredients shall not exceed the label claim by more than 10%
relative.
(Source: Added at 12 Ill. Reg. 12784, effective July 26, 1988)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.200 REPORTING OF PESTICIDE INCIDENTS OR MISUSE COMPLAINTS
Section 250.200 Reporting of
Pesticide Incidents or Misuse Complaints
All pesticide incidents or
misuse complaints shall be reported in writing to the Director at the time of
occurrence or not later than 30 days after the incident or complaint or within
30 days of when damage or effects as set forth in Section 24.1 of the Act are
evident to the complainant.
(Source: Added at 12 Ill. Reg. 12784, effective July 26, 1988)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.210 SPECIAL APPLICATION OF SOLID MOSQUITO LARVICIDES
Section 250.210 Special Application of Solid Mosquito
Larvicides
a) Any
person who receives training pursuant to subsection (b) of this Section from an
individual possessing a current category 8 Public Health Pest Control
applicator license issued by the Department may apply a mosquito larvicide
product for the control of mosquitoes that meets all of the following without
further compliance with the licensing provisions of this Part:
1) the
signal word contained on the product is “CAUTION”;
2) the
product application method is limited to simply placing a pre-packaged solid
product, such as briquets, pellets, or granules, at the application site; and
3) a
review of the specific product’s label was included in the training program
described in subsection (b) of this Section.
b) The
training shall be not less than one hour in duration and shall include a review
of the product labels, including use restrictions, application rates,
application methods, first aid, storage and disposal, potential environmental
hazards and any other information deemed appropriate by the trainer for the
safe and effective use of the mosquito control materials identified in subsection
(a) of this Section.
c) Upon
completion of the training, the trainer shall immediately provide to the
Department a complete listing, including name, address, telephone number, birth
date, and employer, of all individuals who received the training and are thus
eligible to apply only the specific mosquito control materials as set forth in
this Section.
d) The
trainer shall also provide to the Department the date and location of the
training, the trainer’s name, address, telephone number, pesticide applicator
license number, pesticide applicator license expiration date and a legible copy
of the specific product label or labels utilized in the training session.
e) An
individual trained to apply a mosquito larvicide under the provisions of this Section
may only apply the specific mosquito larvicide or larvicides included in the
training described in this Section and may only make applications during the
calendar year in which the training was received.
f) For
the purpose of this Section, a person shall mean any individual over 18 years
of age.
(Source: Added at 27 Ill.
Reg. 5715, effective March 18, 2003)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.220 SPECIAL APPLICATION OF HERBICIDES TO CONTROL INVASIVE PLANTS ON PUBLIC LANDS
Section
250.220 Special Application of Herbicides to Control Invasive Plants on Public
Lands
a) Any
person who receives training, pursuant to subsection (b) from an individual
possessing a current Category 6 Right-of-Way Pest Control applicator license
issued by the Department, after receipt of a certificate issued by the
Department, may apply a herbicide product for the control of invasive plants on
public lands without further compliance with the licensing provisions of this
Part if all of the following are met:
1) The
individual providing training pursuant to subsection (b) must be a compensated
employee of the organization that has direct control of the public lands upon
which the herbicide product applications are to be made;
2) The
individual making herbicide product applications under this Section shall not
receive compensation for the herbicide product applications. For the purposes
of this Section, participation in a supervised conservation job training
program shall not be considered as receiving compensation;
3) The
signal word contained on the herbicide product is "CAUTION" or "WARNING";
4) The
herbicide product to be applied shall not be classified as a "restricted
use" pesticide;
5) The
herbicide product application method is limited to the method or methods
included in the training provided under subsection (b);
6) A
review of the specific herbicide product's label must have been included in the
training program described in subsection (b);
7) The
herbicide product application site or sites are limited to the public lands
identified during the training provided under subsection (b) and the public
lands must be under the direct control of the trainer who provided the training
or the trainer's organization;
8) All
mixing of the herbicide product and loading of the herbicide product into any
required application device or devices shall be conducted by the trainer who provided
the training or other licensed applicator possessing a current Category 6
Right-of-Way Pest Control applicator license issued by the Department; and
9) Each
individual making herbicide product applications under this Section shall
utilize the personal protective equipment specified on the herbicide product
label for handlers during the application activity.
b) The
training shall be not less than one hour in duration and shall include a review
of the herbicide product labels, use restrictions, application rates,
application methods, first aid, potential environmental hazards, personal
protective equipment, and any other information deemed appropriate by the
trainer for the safe and effective use of the herbicide products that meet the
criteria listed in subsections (a)(3) and (4).
c) Upon
completion of the training, the trainer shall immediately provide to the Department
a complete legible listing, including name, address, telephone number, birth
date, and sponsoring organization for whom the herbicide product applications
are to be made, of all individuals who received the training and are thus
eligible to apply only the herbicide products that meet the requirements of
this Section.
d) The
trainer shall also provide to the Department the date and location of the
training, the trainer's name, address, telephone number, pesticide applicator
license number, pesticide applicator license expiration date, trainer's
organization, and a legible copy of the specific herbicide product label or
labels utilized in the training session.
e) An
individual trained to apply a herbicide product under this Section, and only
after receiving the certificate issued by the Department, may only:
1) apply
the specific herbicide products included in the training described in this
Section;
2) make the
applications on the public lands identified in the training; and
3) make
applications during the calendar year in which the training was received.
f) For the
purpose of this Section, a person shall mean any individual over 18 years of
age.
(Source: Amended at 46 Ill. Reg. 11445,
effective June 21, 2022)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER i: PESTICIDE CONTROL
PART 250
ILLINOIS PESTICIDE ACT
SECTION 250.230 USE OF PESTICIDES CONTAINING DICAMBA ON SOYBEANS
Section 250.230 Use of Pesticides Containing Dicamba on
Soybeans
In addition to the requirements of the federally-approved
labels, all use on soybeans of pesticides containing dicamba shall comply with
the following requirements:
a) Temperature
Restriction
A pesticide containing dicamba
shall not be applied on soybeans if the air temperature at the field at the
time of application is over 85 degrees Fahrenheit or if the National Weather
Service's forecasted high temperature for the nearest available location for
the day of application exceeds 85 degrees Fahrenheit. Local National Weather
Service forecasts are available at https://www.weather.gov.
b) Cut-off
Date Restriction
Application on soybeans of a
pesticide containing dicamba shall not be made after June 20 of each year.
c) Before
applying a pesticide containing dicamba on soybeans, the applicator shall
consult the FieldWatch sensitive crop registry (https://www.fieldwatch.com) and
comply with all associated recordkeeping and label requirements.
d) Application on soybeans of a pesticide containing
dicamba shall not be made if the wind is blowing toward:
1) Any
Illinois Nature Preserves Commission site that is adjacent to the field of
application; or
2) An
adjacent residential area.
e) Any
violation of the requirements of this Section shall be considered a use
contrary to label directions (precautionary statements, sites, rates,
restricted use requirements) and shall be assessed the associated point value
of 3 (see Section 24.1(4)(E)(1) of the Act [415 ILCS 60]) for purposes of
determining the appropriate administrative action or penalty authorized by
Section 24.1 of the Act.
(Source: Added at 46 Ill. Reg. 6267,
effective April 7, 2022)
AUTHORITY: Implementing and authorized by the Illinois Pesticide Act [415 ILCS 60].
SOURCE: Adopted at 5 Ill. Reg. 732, effective January 6, 1981; codified at 5 Ill. Reg. 10527; amended at 6 Ill. Reg. 3071, effective March 8, 1982; amended at 8 Ill. Reg. 855, effective January 5, 1984; amended at 8 Ill. Reg. 16407, effective August 29, 1984; amended at 10 Ill. Reg. 7663, effective April 28, 1986; amended at 12 Ill. Reg. 12784, effective July 26, 1988; amended at 24 Ill. Reg. 7191, effective April 27, 2000; emergency amendment at 26 Ill. Reg. 13093, effective August 14, 2002, for a maximum of 150 days; emergency amendment expired January 10, 2003; amended at 27 Ill. Reg. 5715, effective March 18, 2003; amended at 30 Ill. Reg. 12756, effective July 14, 2006; amended at 35 Ill. Reg. 351, effective January 1, 2011; emergency amendment at 43 Ill. Reg. 4340, effective March 22, 2019, for a maximum of 150 days; amended at 43 Ill. Reg. 7402, effective June 21, 2019; emergency amendment at 45 Ill. Reg. 2071, effective February 5, 2021, for a maximum of 150 days; emergency expired July 4, 2021; emergency amendment at 45 Ill. Reg. 6606, effective May 6, 2021, for a maximum of 150 days; emergency expired October 2, 2021; amended at 46 Ill. Reg. 6267, effective April 7, 2022; amended at 46 Ill. Reg. 11445, effective June 21, 2022.
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