Rep. Robyn Gabel

Filed: 4/20/2021

 

 


 

 


 
10200HB3118ham001LRB102 15736 SPS 25473 a

1
AMENDMENT TO HOUSE BILL 3118

2    AMENDMENT NO. ______. Amend House Bill 3118 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pesticide Act is amended by
5changing Section 4 and by adding Sections 13.4 and 13.5 as
6follows:
 
7    (415 ILCS 60/4)  (from Ch. 5, par. 804)
8    Sec. 4. Definitions. As used in this Act:
9    1. "Director" means Director of the Illinois Department of
10Agriculture or his authorized representative.
11    2. "Active Ingredient" means any ingredient which will
12prevent, destroy, repel, control or mitigate a pest or which
13will act as a plant regulator, defoliant or desiccant.
14    3. "Adulterated" shall apply to any pesticide if the
15strength or purity is not within the standard of quality
16expressed on the labeling under which it is sold, distributed

 

 

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1or used, including any substance which has been substituted
2wholly or in part for the pesticide as specified on the
3labeling under which it is sold, distributed or used, or if any
4valuable constituent of the pesticide has been wholly or in
5part abstracted.
6    4. "Agricultural Commodity" means produce of the land
7including but not limited to plants and plant parts, livestock
8and poultry and livestock or poultry products, seeds, sod,
9shrubs and other products of agricultural origin including the
10premises necessary to and used directly in agricultural
11production. Agricultural commodity also includes aquatic
12products as defined in the Aquaculture Development Act.
13    5. "Animal" means all vertebrate and invertebrate species
14including, but not limited to, man and other mammals, bird,
15fish, and shellfish.
16    6. "Beneficial Insects" means those insects which during
17their life cycle are effective pollinators of plants,
18predators of pests or are otherwise beneficial.
19    7. "Certified applicator".
20        A. "Certified applicator" means any individual who is
21    certified under this Act to purchase, use, or supervise
22    the use of pesticides which are classified for restricted
23    use.
24        B. "Private applicator" means a certified applicator
25    who purchases, uses, or supervises the use of any
26    pesticide classified for restricted use, for the purpose

 

 

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1    of producing any agricultural commodity on property owned,
2    rented, or otherwise controlled by him or his employer, or
3    applied to other property if done without compensation
4    other than trading of personal services between no more
5    than 2 producers of agricultural commodities.
6        C. "Licensed Commercial Applicator" means a certified
7    applicator, whether or not he is a private applicator with
8    respect to some uses, who owns or manages a business that
9    is engaged in applying pesticides, whether classified for
10    general or restricted use, for hire. The term also applies
11    to a certified applicator who uses or supervises the use
12    of pesticides, whether classified for general or
13    restricted use, for any purpose or on property of others
14    excluding those specified by subparagraphs 7 (B), (D), (E)
15    of Section 4 of this Act.
16        D. "Commercial Not For Hire Applicator" means a
17    certified applicator who uses or supervises the use of
18    pesticides classified for general or restricted use for
19    any purpose on property of an employer when such activity
20    is a requirement of the terms of employment and such
21    application of pesticides under this certification is
22    limited to property under the control of the employer only
23    and includes, but is not limited to, the use or
24    supervision of the use of pesticides in a greenhouse
25    setting. "Commercial Not For Hire Applicator" also
26    includes a certified applicator who uses or supervises the

 

 

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1    use of pesticides classified for general or restricted use
2    as an employee of a state agency, municipality, or other
3    duly constituted governmental agency or unit.
4    8. "Defoliant" means any substance or combination of
5substances which cause leaves or foliage to drop from a plant
6with or without causing abscission.
7    9. "Desiccant" means any substance or combination of
8substances intended for artificially accelerating the drying
9of plant tissue.
10    10. "Device" means any instrument or contrivance, other
11than a firearm or equipment for application of pesticides when
12sold separately from pesticides, which is intended for
13trapping, repelling, destroying, or mitigating any pest, other
14than bacteria, virus, or other microorganisms on or living in
15man or other living animals.
16    11. "Distribute" means offer or hold for sale, sell,
17barter, ship, deliver for shipment, receive and then deliver,
18or offer to deliver pesticides, within the State.
19    12. "Environment" includes water, air, land, and all
20plants and animals including man, living therein and the
21interrelationships which exist among these.
22    13. "Equipment" means any type of instruments and
23contrivances using motorized, mechanical or pressure power
24which is used to apply any pesticide, excluding pressurized
25hand-size household apparatus containing dilute ready to apply
26pesticide or used to apply household pesticides.

 

 

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1    14. "FIFRA" means the Federal Insecticide, Fungicide, and
2Rodenticide Act, as amended.
3    15. "Fungi" means any non-chlorophyll bearing
4thallophytes, any non-chlorophyll bearing plant of a lower
5order than mosses or liverworts, as for example rust, smut,
6mildew, mold, yeast and bacteria, except those on or in living
7animals including man and those on or in processed foods,
8beverages or pharmaceuticals.
9    16. "Household Substance" means any pesticide customarily
10produced and distributed for use by individuals in or about
11the household.
12    17. "Imminent Hazard" means a situation which exists when
13continued use of a pesticide would likely result in
14unreasonable adverse effect on the environment or will involve
15unreasonable hazard to the survival of a species declared
16endangered by the U.S. Secretary of the Interior or to species
17declared to be protected by the Illinois Department of Natural
18Resources.
19    18. "Inert Ingredient" means an ingredient which is not an
20active ingredient.
21    19. "Ingredient Statement" means a statement of the name
22and percentage of each active ingredient together with the
23total percentage of inert ingredients in a pesticide and for
24pesticides containing arsenic in any form, the ingredient
25statement shall include percentage of total and water soluble
26arsenic, each calculated as elemental arsenic. In the case of

 

 

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1spray adjuvants the ingredient statement need contain only the
2names of the functioning agents and the total percent of those
3constituents ineffective as spray adjuvants.
4    20. "Insect" means any of the numerous small invertebrate
5animals generally having the body more or less obviously
6segmented for the most part belonging to the class Insects,
7comprised of six-legged, usually winged forms, as for example
8beetles, caterpillars, and flies. This definition encompasses
9other allied classes of arthropods whose members are wingless
10and usually have more than 6 legs as for example spiders,
11mites, ticks, centipedes, and millipedes.
12    21. "Label" means the written, printed or graphic matter
13on or attached to the pesticide or device or any of its
14containers or wrappings.
15    22. "Labeling" means the label and all other written,
16printed or graphic matter: (a) on the pesticide or device or
17any of its containers or wrappings, (b) accompanying the
18pesticide or device or referring to it in any other media used
19to disseminate information to the public, (c) to which
20reference is made to the pesticide or device except when
21references are made to current official publications of the U.
22S. Environmental Protection Agency, Departments of
23Agriculture, Health, Education and Welfare or other Federal
24Government institutions, the state experiment station or
25colleges of agriculture or other similar state institution
26authorized to conduct research in the field of pesticides.

 

 

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1    23. "Land" means all land and water area including
2airspace, and all plants, animals, structures, buildings,
3contrivances, and machinery appurtenant thereto or situated
4thereon, fixed or mobile, including any used for
5transportation.
6    24. "Licensed Operator" means a person employed to apply
7pesticides to the lands of others under the direction of a
8"licensed commercial applicator" or a "licensed commercial
9not-for-hire applicator".
10    25. "Nematode" means invertebrate animals of the phylum
11nemathelminthes and class nematoda, also referred to as nemas
12or eelworms, which are unsegmented roundworms with elongated
13fusiform or sac-like bodies covered with cuticle and
14inhabiting soil, water, plants or plant parts.
15    26. "Permit" means a written statement issued by the
16Director or his authorized agent, authorizing certain acts of
17pesticide purchase or of pesticide use or application on an
18interim basis prior to normal certification, registration, or
19licensing.
20    27. "Person" means any individual, partnership,
21association, fiduciary, corporation, or any organized group of
22persons whether incorporated or not.
23    28. "Pest" means (a) any insect, rodent, nematode, fungus,
24weed, or (b) any other form of terrestrial or aquatic plant or
25animal life or virus, bacteria, or other microorganism,
26excluding virus, bacteria, or other microorganism on or in

 

 

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1living animals including man, which the Director declares to
2be a pest.
3    29. "Pesticide" means any substance or mixture of
4substances intended for preventing, destroying, repelling, or
5mitigating any pest or any substance or mixture of substances
6intended for use as a plant regulator, defoliant or desiccant.
7    30. "Pesticide Dealer" means any person who distributes
8registered pesticides to the user.
9    31. "Plant Regulator" means any substance or mixture of
10substances intended through physiological action to affect the
11rate of growth or maturation or otherwise alter the behavior
12of ornamental or crop plants or the produce thereof. This does
13not include substances which are not intended as plant
14nutrient trace elements, nutritional chemicals, plant or seed
15inoculants or soil conditioners or amendments.
16    32. "Protect Health and Environment" means to guard
17against any unreasonable adverse effects on the environment.
18    33. "Registrant" means person who has registered any
19pesticide pursuant to the provision of FIFRA and this Act.
20    34. "Restricted Use Pesticide" means any pesticide with
21one or more of its uses classified as restricted by order of
22the Administrator of USEPA.
23    35. "SLN Registration" means registration of a pesticide
24for use under conditions of special local need as defined by
25FIFRA.
26    36. "State Restricted Pesticide Use" means any pesticide

 

 

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1use which the Director determines, subsequent to public
2hearing, that an additional restriction for that use is needed
3to prevent unreasonable adverse effects.
4    37. "Structural Pest" means any pests which attack and
5destroy buildings and other structures or which attack
6clothing, stored food, commodities stored at food
7manufacturing and processing facilities or manufactured and
8processed goods.
9    38. "Unreasonable Adverse Effects on the Environment"
10means the unreasonable risk to the environment, including man,
11from the use of any pesticide, when taking into account
12accrued benefits of as well as the economic, social, and
13environmental costs of its use.
14    39. "USEPA" means United States Environmental Protection
15Agency.
16    40. "Use inconsistent with the label" means to use a
17pesticide in a manner not consistent with the label
18instruction, the definition adopted in FIFRA as interpreted by
19USEPA shall apply in Illinois.
20    41. "Weed" means any plant growing in a place where it is
21not wanted.
22    42. "Wildlife" means all living things, not human,
23domestic, or pests.
24    43. "Bulk pesticide" means any registered pesticide which
25is transported or held in an individual container in undivided
26quantities of greater than 55 U.S. gallons liquid measure or

 

 

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1100 pounds net dry weight.
2    44. "Bulk repackaging" means the transfer of a registered
3pesticide from one bulk container (containing undivided
4quantities of greater than 100 U.S. gallons liquid measure or
5100 pounds net dry weight) to another bulk container
6(containing undivided quantities of greater than 100 U.S.
7gallons liquid measure or 100 pounds net dry weight) in an
8unaltered state in preparation for sale or distribution to
9another person.
10    45. "Business" means any individual, partnership,
11corporation or association engaged in a business operation for
12the purpose of selling or distributing pesticides or providing
13the service of application of pesticides in this State.
14    46. "Facility" means any building or structure and all
15real property contiguous thereto, including all equipment
16fixed thereon used for the operation of the business.
17    47. "Chemigation" means the application of a pesticide
18through the systems or equipment employed for the primary
19purpose of irrigation of land and crops.
20    48. "Use" means any activity covered by the pesticide
21label including but not limited to application of pesticide,
22mixing and loading, storage of pesticides or pesticide
23containers, disposal of pesticides and pesticide containers
24and reentry into treated sites or areas.
25    49. "Barrier treatment" means the application of an
26insecticide by spray, aerosol, mist, liquid, dust, or powder

 

 

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1that is intended to leave a residual coating on plant foliage,
2vegetation, or other natural or manmade surfaces for the
3purposes of killing adult mosquitoes and for the control of
4any life stage of tick.
5(Source: P.A. 99-540, eff. 1-1-17; 100-201, eff. 8-18-17.)
 
6    (415 ILCS 60/13.4 new)
7    Sec. 13.4. Barrier pesticide; mosquito control; pollinator
8protection.
9    (a) Notwithstanding any other provision of law, a barrier
10pesticide may be applied only using the evidence-based model
11under subsection (b) and may not be applied using a
12subscription-based model of treatment.
13    (b) A barrier pesticide may be applied only by a
14commercial applicator for commercial or residential purposes
15if the following evidence-based model of application is used:
16        (1) Documentation of species and species abundance the
17    barrier pesticide is targeted toward as part of record
18    requirements in this Section.
19        (2) A domestic inspection of the property for mosquito
20    sources is conducted before application of the barrier
21    pesticide.
22        (3) The commercial applicator of the barrier pesticide
23    has undergone the course and licensure requirements under
24    subsection (c).
25        (4) Chemical spraying of a barrier pesticide may not

 

 

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1    be applied outdoors where wind speed is 10 miles per hour
2    or greater.
3        (5) At least 24 hours before the treatment is
4    scheduled to occur, the commercial applicator must notify
5    neighbors of the property to which the impending barrier
6    pesticide treatment is to be applied.
7        (6) For at least 24 hours after the treatment has been
8    applied, the property to which the barrier pesticide is
9    applied must display yard signage indicating that the yard
10    has been treated with barrier pesticides.
11        (7) A commercial applicator must have available, at
12    all times while a treatment is being conducted, copies of
13    the Federal Insecticide, Fungicide, and Rodenticide Act
14    (FIFRA) product label describing the specific health and
15    environmental risks from pesticides for distribution if
16    requested.
17        (8) The owner of the property to which the barrier
18    pesticide is applied must be given a copy of the FIFRA
19    product label describing the specific health and
20    environmental risks from pesticides by the applicator.
21    (c) The Department of Agriculture shall adopt rules
22creating a process for the licensure of commercial applicators
23for residential treatment using barrier pesticides. The
24licensure process shall include:
25        (1) a course and material specific to mosquito control
26    and pollinator protection in a residential environment;

 

 

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1        (2) requirements for domestic inspections;
2        (3) the collection of surveillance evidence of
3    mosquitoes;
4        (4) identification of mosquitoes;
5        (5) mosquito life stages;
6        (6) pesticide-free source reduction methods;
7        (7) bystander protection;
8        (8) product label requirements; and
9        (9) any other topics the Department of Agriculture
10    determines relevant.
11    (d) The Department of Agriculture shall establish
12evidentiary thresholds for commercial barrier treatment in
13partnership with the Department of Public Health and the
14University of Illinois. The evidentiary threshold shall
15include:
16        (1) Documentation of species abundance the barrier
17    pesticide is targeted toward.
18        (2) A domestic inspection of the property for mosquito
19    presence at established threshold is conducted before
20    application of the barrier pesticide.
21        (3) A requirement that the commercial applicator of
22    the barrier pesticide has undergone the course and
23    licensure requirements under subsection (c).
24        (4) Further requirements for domestic inspections to
25    provide evidence of mosquitoes and reduce unnecessary
26    spraying as determined by the Department of Agriculture.

 

 

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1    (e) All public health mosquito control treatments
2conducted by mosquito abatement districts, public health
3departments, townships, municipalities, or other units of
4government or by contract or agreement by commercial entities
5on behalf of mosquito abatement districts, public health
6departments, townships, municipalities, or other units of
7government are exempt from this requirement.
8    (f) The Department of Agriculture shall provide additional
9training for licensed commercial applicators, including
10pollinator education. The Department of Agriculture shall
11review and update their testing and training procedures
12periodically.
13    (g) The Department of Agriculture may partner with the
14University of Illinois to develop and administer a voluntary
15continuing education curriculum to include in-depth pollinator
16and ecological protection.
 
17    (415 ILCS 60/13.5 new)
18    Sec. 13.5. Mosquito misters prohibited. No person shall
19install or use any residential automatic pesticide misting
20system in this State. For purposes of this Section,
21"residential automatic pesticide misting system" means any
22device that is designed to be installed on, near, or around the
23exterior of any residential dwelling or the grounds of such a
24residential dwelling and to automatically spray any pesticide
25solution at timed intervals.
 

 

 

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1    Section 10. The Lawn Care Products Application and Notice
2Act is amended by changing Sections 2 and 3 as follows:
 
3    (415 ILCS 65/2)  (from Ch. 5, par. 852)
4    Sec. 2. Definitions.
5    For purposes of this Act:
6    "Application" means the spreading of lawn care products on
7a lawn.
8    "Applicator for hire" means any person who makes an
9application of lawn care products to a lawn or lawns for
10compensation, including applications made by an employee to
11lawns owned, occupied or managed by his employer and includes
12those licensed by the Department as licensed commercial
13applicators, commercial not-for-hire applicators, licensed
14public applicators, certified applicators and licensed
15operators and those otherwise subject to the licensure
16provisions of the Illinois Pesticide Act, as now or hereafter
17amended.
18    "Barrier treatment" has the meaning given to that term in
19Section 4 of the Illinois Pesticide Act.
20    "Buffer" means an area adjacent to a body of water that is
21left untreated with any fertilizer.
22    "Day care center" means any facility that qualifies as a
23"day care center" under the Child Care Act of 1969.
24    "Department" means the Illinois Department of Agriculture.

 

 

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1    "Department of Public Health" means the Illinois
2Department of Public Health.
3    "Facility" means a building or structure and appurtenances
4thereto used by an applicator for hire for storage and
5handling of pesticides or the storage or maintenance of
6pesticide application equipment or vehicles.
7    "Fertilizer" means any substance containing nitrogen,
8phosphorus or potassium or other recognized plant nutrient or
9compound, which is used for its plant nutrient content.
10    "Golf course" means an area designated for the play or
11practice of the game of golf, including surrounding grounds,
12trees, ornamental beds and the like.
13    "Golf course superintendent" means any person entrusted
14with and employed for the care and maintenance of a golf
15course.
16    "Impervious surface" means any structure, surface, or
17improvement that reduces or prevents absorption of stormwater
18into land, and includes pavement, porous paving, paver blocks,
19gravel, crushed stone, decks, patios, elevated structures, and
20other similar structures, surfaces, or improvements.
21    "Lawn" means land area covered with turf kept closely mown
22or land area covered with turf and trees or shrubs. The term
23does not include (1) land area used for research for
24agricultural production or for the commercial production of
25turf, (2) land area situated within a public or private
26right-of-way, or (3) land area which is devoted to the

 

 

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1production of any agricultural commodity, including, but not
2limited to plants and plant parts, livestock and poultry and
3livestock or poultry products, seeds, sod, shrubs and other
4products of agricultural origin raised for sale or for human
5or livestock consumption.
6    "Lawn care products" means fertilizers or pesticides
7applied or intended for application to lawns.
8    "Lawn repair products" means seeds, including seeding
9soils, that contain or are coated with or encased in
10fertilizer material.
11    "Person" means any individual, partnership, association,
12corporation or State governmental agency, school district,
13unit of local government and any agency thereof.
14    "Pesticide" means any substance or mixture of substances
15defined as a pesticide under the Illinois Pesticide Act, as
16now or hereafter amended.
17    "Plant protectants" means any substance or material used
18to protect plants from infestation of insects, fungi, weeds
19and rodents, or any other substance that would benefit the
20overall health of plants.
21    "Soil test" means a chemical and mechanical analysis of
22soil nutrient values and pH level as it relates to the soil and
23development of a lawn.
24    "Spreader" means any commercially available fertilizing
25device used to evenly distribute fertilizer material.
26    "Turf" means the upper stratum of soils bound by grass and

 

 

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1plant roots into a thick mat.
2    "0% phosphate fertilizer" means a fertilizer that contains
3no more than 0.67% available phosphoric acid (P2O5).
4(Source: P.A. 96-424, eff. 8-13-09; 96-1005, eff. 7-6-10.)
 
5    (415 ILCS 65/3)  (from Ch. 5, par. 853)
6    Sec. 3. Notification requirements for application of lawn
7care products.
8    (a) Lawn Markers.
9        (1) Immediately following application of lawn care
10    products or barrier treatment to a lawn, other than a golf
11    course, an applicator for hire shall place a lawn marker
12    at the usual point or points of entry.
13        (2) The lawn marker shall consist of a 4 inch by 5 inch
14    sign, vertical or horizontal, attached to the upper
15    portion of a dowel or other supporting device with the
16    bottom of the marker extending no less than 12 inches
17    above the turf.
18        (3) The lawn marker shall be white and lettering on
19    the lawn marker shall be in a contrasting color. The
20    marker shall state on one side, in letters of not less than
21    3/8 inch, the following: "LAWN CARE APPLICATION - STAY OFF
22    GRASS UNTIL DRY - FOR MORE INFORMATION CONTACT: (here
23    shall be inserted the name and business telephone number
24    of the applicator for hire)."
25        (4) The lawn marker shall be removed and discarded by

 

 

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1    the property owner or resident, or such other person
2    authorized by the property owner or resident, on the day
3    following the application. The lawn marker shall not be
4    removed by any person other than the property owner or
5    resident or person designated by such property owner or
6    resident.
7        (5) For applications to residential properties of 2
8    families or less, the applicator for hire shall be
9    required to place lawn markers at the usual point or
10    points of entry.
11        (6) For applications to residential properties of 2
12    families or more, or for application to other commercial
13    properties, the applicator for hire shall place lawn
14    markers at the usual point or points of entry to the
15    property to provide notice that lawn care products or
16    barrier treatment have been applied to the lawn.
17    (b) Notification requirement for application of plant
18protectants on golf courses.
19        (1) Blanket posting procedure. Each golf course shall
20    post in a conspicuous place or places an all-weather
21    poster or placard stating to users of or visitors to the
22    golf course that from time to time plant protectants are
23    in use and additionally stating that if any questions or
24    concerns arise in relation thereto, the golf course
25    superintendent or his designee should be contacted to
26    supply the information contained in subsection (c) of this

 

 

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1    Section.
2        (2) The poster or placard shall be prominently
3    displayed in the pro shop, locker rooms and first tee at
4    each golf course.
5        (3) The poster or placard shall be a minimum size of 8
6    1/2 by 11 inches and the lettering shall not be less than
7    1/2 inch.
8        (4) The poster or placard shall read: "PLANT
9    PROTECTANTS ARE PERIODICALLY APPLIED TO THIS GOLF COURSE.
10    IF DESIRED, YOU MAY CONTACT YOUR GOLF COURSE
11    SUPERINTENDENT FOR FURTHER INFORMATION."
12    (c) Information to Customers of Applicators for Hire. At
13the time of application of lawn care products or barrier
14treatment to a lawn, an applicator for hire shall provide the
15following information to the customer:
16        (1) The brand name, common name, and scientific name
17    of each lawn care product or barrier treatment applied;
18        (2) The type of fertilizer or pesticide contained in
19    the lawn care product or barrier treatment applied;
20        (3) The reason for use of each lawn care product or
21    barrier treatment applied;
22        (4) The range of concentration of end use product
23    applied to the lawn and amount of material applied;
24        (5) Any special instruction appearing on the label of
25    the lawn care product or barrier treatment applicable to
26    the customer's use of the lawn following application;

 

 

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1        (6) The business name and telephone number of the
2    applicator for hire as well as the name of the person
3    actually applying lawn care products or barrier treatment
4    to the lawn; and
5        (7) Upon the request of a customer or any person whose
6    property abuts or is adjacent to the property of a
7    customer of an applicator for hire, a copy of the material
8    safety data sheet and approved pesticide registration
9    label for each applied lawn care product or barrier
10    treatment.
11    (d) Prior notification of application to lawn. In the case
12of all lawns other than golf courses:
13        (1) Any neighbor whose property abuts or is adjacent
14    to the property of a customer of an applicator for hire may
15    receive prior notification of an application by contacting
16    the applicator for hire and providing his name, address
17    and telephone number.
18        (2) At least the day before a scheduled application,
19    an applicator for hire shall provide notification to a
20    person who has requested notification pursuant to
21    paragraph (1) of this subsection (d), such notification to
22    be made in writing, in person or by telephone, disclosing
23    the date and approximate time of day of application.
24        (3) In the event that an applicator for hire is unable
25    to provide prior notification to a neighbor whose property
26    abuts or is adjacent to the property because of the

 

 

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1    absence or inaccessibility of the individual, at the time
2    of application to a customer's lawn, the applicator for
3    hire shall leave a written notice at the residence of the
4    person requesting notification, which shall provide the
5    information specified in paragraph (2) of this subsection
6    (d).
7    (e) Prior notification of application to golf courses.
8        (1) Any landlord or resident with property that abuts
9    or is adjacent to a golf course may receive prior
10    notification of an application of lawn care products,
11    barrier treatment, or plant protectants, or both, by
12    contacting the golf course superintendent and providing
13    his name, address and telephone number.
14        (2) At least the day before a scheduled application of
15    lawn care products, barrier treatment, or plant
16    protectants, or both, the golf course superintendent shall
17    provide notification to any person who has requested
18    notification pursuant to paragraph (1) of this subsection
19    (e), such notification to be made in writing, in person or
20    by telephone, disclosing the date and approximate time of
21    day of application.
22        (3) In the event that the golf course superintendent
23    is unable to provide prior notification to a landlord or
24    resident because of the absence or inaccessibility, at the
25    time of application, of the landlord or resident, the golf
26    course superintendent shall leave a written notice with

 

 

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1    the landlord or at the residence which shall provide the
2    information specified in paragraph (2) of this subsection
3    (e).
4    (f) Notification for applications of pesticides to day
5care center grounds other than day care center structures and
6school grounds other than school structures.
7        (1) The owner or operator of a day care center must
8    either (i) maintain a registry of parents and guardians of
9    children in his or her care who have registered to receive
10    written notification before the application of pesticide
11    to day care center grounds and notify persons on that
12    registry before applying pesticides or having pesticide
13    applied to day care center grounds or (ii) provide written
14    or telephonic notice to all parents and guardians of
15    children in his or her care before applying pesticide or
16    having pesticide applied to day care center grounds.
17        (2) School districts must either (i) maintain a
18    registry of parents and guardians of students who have
19    registered to receive written or telephonic notification
20    before the application of pesticide to school grounds and
21    notify persons on that list before applying pesticide or
22    having pesticide applied to school grounds or (ii) provide
23    written or telephonic notification to all parents and
24    guardians of students before applying pesticide or having
25    pesticide applied to school grounds.
26        (3) Written notification required under item (1) or

 

 

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1    (2) of subsection (f) of this Section may be included in
2    newsletters, calendars, or other correspondence currently
3    published by the school district, but posting on a
4    bulletin board is not sufficient. The written or
5    telephonic notification must be given at least 4 business
6    days before application of the pesticide and should
7    identify the intended date of the application of the
8    pesticide and the name and telephone contact number for
9    the school personnel responsible for the pesticide
10    application program or, in the case of a day care center,
11    the owner or operator of the day care center. Prior notice
12    shall not be required if there is imminent threat to
13    health or property. If such a situation arises, the
14    appropriate school personnel or, in the case of a day care
15    center, the owner or operator of the day care center must
16    sign a statement describing the circumstances that gave
17    rise to the health threat and ensure that written or
18    telephonic notice is provided as soon as practicable.
19(Source: P.A. 96-424, eff. 8-13-09.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".