Rep. Robyn Gabel

Filed: 2/23/2022

 

 


 

 


 
10200HB3118ham002LRB102 15736 CPF 36416 a

1
AMENDMENT TO HOUSE BILL 3118

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

 

 

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1expressed on the labeling under which it is sold, distributed
2or used, including any substance which has been substituted
3wholly or in part for the pesticide as specified on the
4labeling under which it is sold, distributed or used, or if any
5valuable constituent of the pesticide has been wholly or in
6part abstracted.
7    4. "Agricultural Commodity" means produce of the land
8including but not limited to plants and plant parts, livestock
9and poultry and livestock or poultry products, seeds, sod,
10shrubs and other products of agricultural origin including the
11premises necessary to and used directly in agricultural
12production. Agricultural commodity also includes aquatic
13products, including any aquatic plants and animals or their
14by-products that are produced, grown, managed, harvested and
15marketed on an annual, semi-annual, biennial or short-term
16basis, in permitted aquaculture facilities.
17    5. "Animal" means all vertebrate and invertebrate species
18including, but not limited to, man and other mammals, bird,
19fish, and shellfish.
20    5.5 "Barrier mosquitocide" means a pesticide that is
21formulated to kill adult mosquitoes and that is applied so as
22to leave a residual mosquitocidal coating on natural or
23manmade surfaces.
24    5.6 "Barrier mosquitocide treatment" means application of
25a barrier mosquitocide to a natural or manmade surface.
26    6. "Beneficial Insects" means those insects which during

 

 

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1their life cycle are effective pollinators of plants,
2predators of pests or are otherwise beneficial.
3    7. "Certified applicator".
4        A. "Certified applicator" means any individual who is
5    certified under this Act to purchase, use, or supervise
6    the use of pesticides which are classified for restricted
7    use.
8        B. "Private applicator" means a certified applicator
9    who purchases, uses, or supervises the use of any
10    pesticide classified for restricted use, for the purpose
11    of producing any agricultural commodity on property owned,
12    rented, or otherwise controlled by him or his employer, or
13    applied to other property if done without compensation
14    other than trading of personal services between no more
15    than 2 producers of agricultural commodities.
16        C. "Licensed Commercial Applicator" means a certified
17    applicator, whether or not he is a private applicator with
18    respect to some uses, who owns or manages a business that
19    is engaged in applying pesticides, whether classified for
20    general or restricted use, for hire. The term also applies
21    to a certified applicator who uses or supervises the use
22    of pesticides, whether classified for general or
23    restricted use, for any purpose or on property of others
24    excluding those specified by subparagraphs 7 (B), (D), (E)
25    of Section 4 of this Act.
26        D. "Commercial Not For Hire Applicator" means a

 

 

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1    certified applicator who uses or supervises the use of
2    pesticides classified for general or restricted use for
3    any purpose on property of an employer when such activity
4    is a requirement of the terms of employment and such
5    application of pesticides under this certification is
6    limited to property under the control of the employer only
7    and includes, but is not limited to, the use or
8    supervision of the use of pesticides in a greenhouse
9    setting. "Commercial Not For Hire Applicator" also
10    includes a certified applicator who uses or supervises the
11    use of pesticides classified for general or restricted use
12    as an employee of a state agency, municipality, or other
13    duly constituted governmental agency or unit.
14    8. "Defoliant" means any substance or combination of
15substances which cause leaves or foliage to drop from a plant
16with or without causing abscission.
17    9. "Desiccant" means any substance or combination of
18substances intended for artificially accelerating the drying
19of plant tissue.
20    10. "Device" means any instrument or contrivance, other
21than a firearm or equipment for application of pesticides when
22sold separately from pesticides, which is intended for
23trapping, repelling, destroying, or mitigating any pest, other
24than bacteria, virus, or other microorganisms on or living in
25man or other living animals.
26    11. "Distribute" means offer or hold for sale, sell,

 

 

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1barter, ship, deliver for shipment, receive and then deliver,
2or offer to deliver pesticides, within the State.
3    12. "Environment" includes water, air, land, and all
4plants and animals including man, living therein and the
5interrelationships which exist among these.
6    13. "Equipment" means any type of instruments and
7contrivances using motorized, mechanical or pressure power
8which is used to apply any pesticide, excluding pressurized
9hand-size household apparatus containing dilute ready to apply
10pesticide or used to apply household pesticides.
11    14. "FIFRA" means the Federal Insecticide, Fungicide, and
12Rodenticide Act, as amended.
13    15. "Fungi" means any non-chlorophyll bearing
14thallophytes, any non-chlorophyll bearing plant of a lower
15order than mosses or liverworts, as for example rust, smut,
16mildew, mold, yeast and bacteria, except those on or in living
17animals including man and those on or in processed foods,
18beverages or pharmaceuticals.
19    16. "Household Substance" means any pesticide customarily
20produced and distributed for use by individuals in or about
21the household.
22    17. "Imminent Hazard" means a situation which exists when
23continued use of a pesticide would likely result in
24unreasonable adverse effect on the environment or will involve
25unreasonable hazard to the survival of a species declared
26endangered by the U.S. Secretary of the Interior or to species

 

 

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1declared to be protected by the Illinois Department of Natural
2Resources.
3    18. "Inert Ingredient" means an ingredient which is not an
4active ingredient.
5    19. "Ingredient Statement" means a statement of the name
6and percentage of each active ingredient together with the
7total percentage of inert ingredients in a pesticide and for
8pesticides containing arsenic in any form, the ingredient
9statement shall include percentage of total and water soluble
10arsenic, each calculated as elemental arsenic. In the case of
11spray adjuvants the ingredient statement need contain only the
12names of the functioning agents and the total percent of those
13constituents ineffective as spray adjuvants.
14    20. "Insect" means any of the numerous small invertebrate
15animals generally having the body more or less obviously
16segmented for the most part belonging to the class Insects,
17comprised of six-legged, usually winged forms, as for example
18beetles, caterpillars, and flies. This definition encompasses
19other allied classes of arthropods whose members are wingless
20and usually have more than 6 legs as for example spiders,
21mites, ticks, centipedes, and millipedes.
22    21. "Label" means the written, printed or graphic matter
23on or attached to the pesticide or device or any of its
24containers or wrappings.
25    22. "Labeling" means the label and all other written,
26printed or graphic matter: (a) on the pesticide or device or

 

 

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1any of its containers or wrappings, (b) accompanying the
2pesticide or device or referring to it in any other media used
3to disseminate information to the public, (c) to which
4reference is made to the pesticide or device except when
5references are made to current official publications of the U.
6S. Environmental Protection Agency, Departments of
7Agriculture, Health, Education and Welfare or other Federal
8Government institutions, the state experiment station or
9colleges of agriculture or other similar state institution
10authorized to conduct research in the field of pesticides.
11    23. "Land" means all land and water area including
12airspace, and all plants, animals, structures, buildings,
13contrivances, and machinery appurtenant thereto or situated
14thereon, fixed or mobile, including any used for
15transportation.
16    24. "Licensed Operator" means a person employed to apply
17pesticides to the lands of others under the direction of a
18"licensed commercial applicator" or a "licensed commercial
19not-for-hire applicator".
20    25. "Nematode" means invertebrate animals of the phylum
21nemathelminthes and class nematoda, also referred to as nemas
22or eelworms, which are unsegmented roundworms with elongated
23fusiform or sac-like bodies covered with cuticle and
24inhabiting soil, water, plants or plant parts.
25    26. "Permit" means a written statement issued by the
26Director or his authorized agent, authorizing certain acts of

 

 

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1pesticide purchase or of pesticide use or application on an
2interim basis prior to normal certification, registration, or
3licensing.
4    27. "Person" means any individual, partnership,
5association, fiduciary, corporation, or any organized group of
6persons whether incorporated or not.
7    28. "Pest" means (a) any insect, rodent, nematode, fungus,
8weed, or (b) any other form of terrestrial or aquatic plant or
9animal life or virus, bacteria, or other microorganism,
10excluding virus, bacteria, or other microorganism on or in
11living animals including man, which the Director declares to
12be a pest.
13    29. "Pesticide" means any substance or mixture of
14substances intended for preventing, destroying, repelling, or
15mitigating any pest or any substance or mixture of substances
16intended for use as a plant regulator, defoliant or desiccant.
17    30. "Pesticide Dealer" means any person who distributes
18registered pesticides to the user.
19    31. "Plant Regulator" means any substance or mixture of
20substances intended through physiological action to affect the
21rate of growth or maturation or otherwise alter the behavior
22of ornamental or crop plants or the produce thereof. This does
23not include substances which are not intended as plant
24nutrient trace elements, nutritional chemicals, plant or seed
25inoculants or soil conditioners or amendments.
26    32. "Protect Health and Environment" means to guard

 

 

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1against any unreasonable adverse effects on the environment.
2    33. "Registrant" means person who has registered any
3pesticide pursuant to the provision of FIFRA and this Act.
4    34. "Restricted Use Pesticide" means any pesticide with
5one or more of its uses classified as restricted by order of
6the Administrator of USEPA.
7    35. "SLN Registration" means registration of a pesticide
8for use under conditions of special local need as defined by
9FIFRA.
10    36. "State Restricted Pesticide Use" means any pesticide
11use which the Director determines, subsequent to public
12hearing, that an additional restriction for that use is needed
13to prevent unreasonable adverse effects.
14    37. "Structural Pest" means any pests which attack and
15destroy buildings and other structures or which attack
16clothing, stored food, commodities stored at food
17manufacturing and processing facilities or manufactured and
18processed goods.
19    38. "Unreasonable Adverse Effects on the Environment"
20means the unreasonable risk to the environment, including man,
21from the use of any pesticide, when taking into account
22accrued benefits of as well as the economic, social, and
23environmental costs of its use.
24    39. "USEPA" means United States Environmental Protection
25Agency.
26    40. "Use inconsistent with the label" means to use a

 

 

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1pesticide in a manner not consistent with the label
2instruction, the definition adopted in FIFRA as interpreted by
3USEPA shall apply in Illinois.
4    41. "Weed" means any plant growing in a place where it is
5not wanted.
6    42. "Wildlife" means all living things, not human,
7domestic, or pests.
8    43. "Bulk pesticide" means any registered pesticide which
9is transported or held in an individual container in undivided
10quantities of greater than 55 U.S. gallons liquid measure or
11100 pounds net dry weight.
12    44. "Bulk repackaging" means the transfer of a registered
13pesticide from one bulk container (containing undivided
14quantities of greater than 100 U.S. gallons liquid measure or
15100 pounds net dry weight) to another bulk container
16(containing undivided quantities of greater than 100 U.S.
17gallons liquid measure or 100 pounds net dry weight) in an
18unaltered state in preparation for sale or distribution to
19another person.
20    45. "Business" means any individual, partnership,
21corporation or association engaged in a business operation for
22the purpose of selling or distributing pesticides or providing
23the service of application of pesticides in this State.
24    46. "Facility" means any building or structure and all
25real property contiguous thereto, including all equipment
26fixed thereon used for the operation of the business.

 

 

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1    47. "Chemigation" means the application of a pesticide
2through the systems or equipment employed for the primary
3purpose of irrigation of land and crops.
4    48. "Use" means any activity covered by the pesticide
5label including but not limited to application of pesticide,
6mixing and loading, storage of pesticides or pesticide
7containers, disposal of pesticides and pesticide containers
8and reentry into treated sites or areas.
9(Source: P.A. 102-555, eff. 1-1-22.)
 
10    (415 ILCS 60/13.4 new)
11    Sec. 13.4. Barrier mosquitocides.
12    (a) Except as provided under subsection (e) and rules
13adopted by the Department of Agriculture under subsection (b),
14no commercial applicator shall apply a barrier mosquitocide
15between October 15 and April 15.
16    (b) The Department of Agriculture may adopt rules allowing
17for the application of barrier mosquitocides by commercial
18applicators between October 15 and April 15, provided that the
19Department of Agriculture determines, as a part of the
20rulemaking proceeding, that there is evidence of a significant
21unmet need for the commercial application of barrier
22mosquitocides between October 15 and April 15 due to the
23abundance of target mosquito populations in the State during
24that period.
25    (c) A commercial applicator of a barrier mosquitocide

 

 

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1must, at a minimum:
2        (1) not apply a barrier mosquitocide when wind speeds
3    are greater than or equal to 10 miles per hour;
4        (2) be licensed under this Act and have completed the
5    additional licensure and testing requirements established
6    by the Department of Agriculture under subsection (d);
7        (3) erect, immediately following application of the
8    barrier mosquitocide, signage for residential properties
9    treated with barrier mosquitocides that is comparable to
10    the notification requirements under subsection (a) of
11    Section 3 of the Lawn Care Products Application and Notice
12    Act; and
13        (4) provide, upon request and in a manner that is
14    comparable to the notification requirements under
15    subsection (d) of Section 3 of the Lawn Care Products
16    Application and Notice Act, a copy of the product labels
17    required for the barrier mosquitocide under the Federal
18    Insecticide Fungicide, and Rodenticide Act (FIFRA).
19    (d) The Department of Agriculture shall adopt rules to
20expand its existing commercial applicator licensure and
21testing program to include training in the residential
22application of barrier mosquitocides. The training developed
23by the Department of Agriculture shall include a course on
24mosquito control and pollinator protection in the residential
25environment and shall also include training in the following
26topics:

 

 

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1        (1) requirements for domestic inspections by
2    commercial applicators prior to application of barrier
3    mosquitocides;
4        (2) identification of mosquitoes in areas to be
5    treated with the barrier mosquitocide;
6        (3) distinguishing between species of mosquitoes;
7        (4) mosquito behavior, biology, and life cycle;
8        (5) pesticide-free source mosquito-reduction methods;
9        (6) pesticide drift and the protection of bystanders
10    during pesticide application;
11        (7) pesticide label requirements;
12        (8) proper technique for application of barrier
13    mosquitocides;
14        (9) protection of pollinators from barrier
15    mosquitocides;
16        (10) mosquito-borne diseases;
17        (11) proper use of equipment for application of
18    mosquitocides;
19        (12) use of personal protective equipment during
20    application of barrier mosquitocides;
21        (13) areas where barrier mosquitocides cannot be
22    applied; and
23        (14) any other topic the Department of Agriculture
24    determines to be relevant.
25    (e) Any barrier mosquitocide treatment made for public
26health purposes by or on behalf of a mosquito abatement

 

 

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1district, public health department, township, municipality, or
2other unit of local government is exempt from this Section and
3any rules adopted under this Section.
4    (f) The Department of Agriculture may partner with the
5University of Illinois to develop and administer a voluntary
6continuing education curriculum that includes as a curricular
7element a unit on pollinator protection and ecological
8protection.
 
9    (415 ILCS 60/13.5 new)
10    Sec. 13.5. Mosquito misters prohibited. No person shall
11install or use any residential automatic pesticide misting
12system in this State. For purposes of this Section,
13"residential automatic pesticide misting system" means any
14device that is designed to be installed on, near, or around the
15exterior of any residential dwelling or the grounds of a
16residential dwelling and to automatically spray any pesticide
17solution at timed intervals.
 
18    Section 99. Effective date. This Act takes effect January
191, 2023.".