State of Illinois
2023 and 2024


Introduced 2/8/2024, by Rep. Maura Hirschauer


415 ILCS 60/4  from Ch. 5, par. 804
415 ILCS 60/24.1  from Ch. 5, par. 824.1

    Amends the Illinois Pesticide Act. Increases monetary penalties, and increases point values in determining monetary penalties. Distinguishes pesticide effects on woody perennial plants and herbaceous plants with respect to penalties. Defines terms.

LRB103 39359 BDA 69522 b





HB5018LRB103 39359 BDA 69522 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Pesticide Act is amended by
5changing Sections 4 and 24.1 as follows:
6    (415 ILCS 60/4)  (from Ch. 5, par. 804)
7    Sec. 4. Definitions. As used in this Act:
8    1. "Director" means Director of the Illinois Department of
9Agriculture or his authorized representative.
10    2. "Active Ingredient" means any ingredient which will
11prevent, destroy, repel, control or mitigate a pest or which
12will act as a plant regulator, defoliant or desiccant.
13    3. "Adulterated" shall apply to any pesticide if the
14strength or purity is not within the standard of quality
15expressed on the labeling under which it is sold, distributed
16or used, including any substance which has been substituted
17wholly or in part for the pesticide as specified on the
18labeling under which it is sold, distributed or used, or if any
19valuable constituent of the pesticide has been wholly or in
20part abstracted.
21    4. "Agricultural Commodity" means produce of the land,
22including, but not limited to, plants and plant parts,
23livestock and poultry and livestock or poultry products,



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1seeds, sod, shrubs and other products of agricultural origin
2including the premises necessary to and used directly in
3agricultural production. Agricultural commodity also includes
4aquatic products, including any aquatic plants and animals or
5their by-products that are produced, grown, managed, harvested
6and marketed on an annual, semi-annual, biennial or short-term
7basis, in permitted aquaculture facilities.
8    5. "Animal" means all vertebrate and invertebrate species
9including, but not limited to, man and other mammals, birds,
10fish, and shellfish.
11    5.5. "Barrier mosquitocide" means a pesticide that is
12formulated to kill adult mosquitoes and that is applied so as
13to leave a residual mosquitocidal coating on natural or
14manmade surfaces. "Barrier mosquitocide" does not include a
15product that is exempt from registration under the Federal
16Insecticide, Fungicide, and Rodenticide Act, or rules adopted
17pursuant to that Act.
18    5.6. "Barrier mosquitocide treatment" means application of
19a barrier mosquitocide to a natural or manmade surface.
20    6. "Beneficial Insects" means those insects which during
21their life cycle are effective pollinators of plants,
22predators of pests or are otherwise beneficial.
23    7. "Certified applicator".
24        A. "Certified applicator" means any individual who is
25    certified under this Act to purchase, use, or supervise
26    the use of pesticides which are classified for restricted



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



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1    and includes, but is not limited to, the use or
2    supervision of the use of pesticides in a greenhouse
3    setting. "Commercial Not For Hire Applicator" also
4    includes a certified applicator who uses or supervises the
5    use of pesticides classified for general or restricted use
6    as an employee of a state agency, municipality, or other
7    duly constituted governmental agency or unit.
8    8. "Defoliant" means any substance or combination of
9substances which cause leaves or foliage to drop from a plant
10with or without causing abscission.
11    9. "Desiccant" means any substance or combination of
12substances intended for artificially accelerating the drying
13of plant tissue.
14    10. "Device" means any instrument or contrivance, other
15than a firearm or equipment for application of pesticides when
16sold separately from pesticides, which is intended for
17trapping, repelling, destroying, or mitigating any pest, other
18than bacteria, virus, or other microorganisms on or living in
19man or other living animals.
20    11. "Distribute" means offer or hold for sale, sell,
21barter, ship, deliver for shipment, receive and then deliver,
22or offer to deliver pesticides, within the State.
23    12. "Environment" includes water, air, land, and all
24plants and animals including man, living therein and the
25interrelationships which exist among these.
26    13. "Equipment" means any type of instruments and



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1contrivances using motorized, mechanical or pressure power
2which is used to apply any pesticide, excluding pressurized
3hand-size household apparatus containing dilute ready to apply
4pesticide or used to apply household pesticides.
5    14. "FIFRA" means the Federal Insecticide, Fungicide, and
6Rodenticide Act, as amended.
7    15. "Fungi" means any non-chlorophyll bearing
8thallophytes, any non-chlorophyll bearing plant of a lower
9order than mosses or liverworts, as for example rust, smut,
10mildew, mold, yeast and bacteria, except those on or in living
11animals including man and those on or in processed foods,
12beverages or pharmaceuticals.
13    15.5. "Herbaceous plants" means any non-woody, vascular
14annual, biennial, or perennial plants.
15    16. "Household Substance" means any pesticide customarily
16produced and distributed for use by individuals in or about
17the household.
18    17. "Imminent Hazard" means a situation which exists when
19continued use of a pesticide would likely result in
20unreasonable adverse effects on the environment or will
21involve unreasonable hazard to the survival of a species
22declared endangered by the U.S. Secretary of the Interior or
23to species declared to be protected by the Illinois Department
24of Natural Resources.
25    18. "Inert Ingredient" means an ingredient which is not an
26active ingredient.



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1    19. "Ingredient Statement" means a statement of the name
2and percentage of each active ingredient together with the
3total percentage of inert ingredients in a pesticide and for
4pesticides containing arsenic in any form, the ingredient
5statement shall include percentage of total and water soluble
6arsenic, each calculated as elemental arsenic. In the case of
7spray adjuvants the ingredient statement need contain only the
8names of the functioning agents and the total percent of those
9constituents ineffective as spray adjuvants.
10    20. "Insect" means any of the numerous small invertebrate
11animals generally having the body more or less obviously
12segmented for the most part belonging to the class Insects,
13comprised of six-legged, usually winged forms, as for example
14beetles, caterpillars, and flies. This definition encompasses
15other allied classes of arthropods whose members are wingless
16and usually have more than 6 legs as for example spiders,
17mites, ticks, centipedes, and millipedes.
18    21. "Label" means the written, printed or graphic matter
19on or attached to the pesticide or device or any of its
20containers or wrappings.
21    22. "Labeling" means the label and all other written,
22printed or graphic matter: (a) on the pesticide or device or
23any of its containers or wrappings, (b) accompanying the
24pesticide or device or referring to it in any other media used
25to disseminate information to the public, (c) to which
26reference is made to the pesticide or device except when



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1references are made to current official publications of the U.
2S. Environmental Protection Agency, Departments of
3Agriculture, Health, Education and Welfare or other Federal
4Government institutions, the state experiment station or
5colleges of agriculture or other similar state institution
6authorized to conduct research in the field of pesticides.
7    23. "Land" means all land and water area including
8airspace, and all plants, animals, structures, buildings,
9contrivances, and machinery appurtenant thereto or situated
10thereon, fixed or mobile, including any used for
12    24. "Licensed Operator" means a person employed to apply
13pesticides to the lands of others under the direction of a
14"licensed commercial applicator" or a "licensed commercial
15not-for-hire applicator".
16    25. "Nematode" means invertebrate animals of the phylum
17nemathelminthes and class nematoda, also referred to as nemas
18or eelworms, which are unsegmented roundworms with elongated
19fusiform or sac-like bodies covered with cuticle and
20inhabiting soil, water, plants or plant parts.
21    26. "Permit" means a written statement issued by the
22Director or his authorized agent, authorizing certain acts of
23pesticide purchase or of pesticide use or application on an
24interim basis prior to normal certification, registration, or
26    27. "Person" means any individual, partnership,



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



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1one or more of its uses classified as restricted by order of
2the Administrator of USEPA.
3    35. "SLN Registration" means registration of a pesticide
4for use under conditions of special local need as defined by
6    36. "State Restricted Pesticide Use" means any pesticide
7use which the Director determines, subsequent to public
8hearing, that an additional restriction for that use is needed
9to prevent unreasonable adverse effects.
10    37. "Structural Pest" means any pests which attack and
11destroy buildings and other structures or which attack
12clothing, stored food, commodities stored at food
13manufacturing and processing facilities or manufactured and
14processed goods.
15    38. "Unreasonable Adverse Effects on the Environment"
16means the unreasonable risk to the environment, including man,
17from the use of any pesticide, when taking into account
18accrued benefits of as well as the economic, social, and
19environmental costs of its use.
20    39. "USEPA" means United States Environmental Protection
22    40. "Use inconsistent with the label" means to use a
23pesticide in a manner not consistent with the label
24instruction, the definition adopted in FIFRA as interpreted by
25USEPA shall apply in Illinois.
26    41. "Weed" means any plant growing in a place where it is



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1not wanted.
2    42. "Wildlife" means all living things, not human,
3domestic, or pests.
4    42.5. "Woody perennial plants" means any plant that
5produces wood as its primary structure and whose life span is
6longer than 2 years.
7    43. "Bulk pesticide" means any registered pesticide which
8is transported or held in an individual container in undivided
9quantities of greater than 55 U.S. gallons liquid measure or
10100 pounds net dry weight.
11    44. "Bulk repackaging" means the transfer of a registered
12pesticide from one bulk container (containing undivided
13quantities of greater than 100 U.S. gallons liquid measure or
14100 pounds net dry weight) to another bulk container
15(containing undivided quantities of greater than 100 U.S.
16gallons liquid measure or 100 pounds net dry weight) in an
17unaltered state in preparation for sale or distribution to
18another person.
19    45. "Business" means any individual, partnership,
20corporation or association engaged in a business operation for
21the purpose of selling or distributing pesticides or providing
22the service of application of pesticides in this State.
23    46. "Facility" means any building or structure and all
24real property contiguous thereto, including all equipment
25fixed thereon used for the operation of the business.
26    47. "Chemigation" means the application of a pesticide



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1through the systems or equipment employed for the primary
2purpose of irrigation of land and crops.
3    48. "Use" means any activity covered by the pesticide
4label, including, but not limited to, application of
5pesticide, mixing and loading, storage of pesticides or
6pesticide containers, disposal of pesticides and pesticide
7containers and reentry into treated sites or areas.
8(Source: P.A. 102-555, eff. 1-1-22; 102-916, eff. 1-1-23;
9103-154, eff. 6-30-23.)
10    (415 ILCS 60/24.1)  (from Ch. 5, par. 824.1)
11    Sec. 24.1. Administrative actions and penalties.
12    (1) The Director is authorized after an opportunity for an
13administrative hearing to suspend, revoke, or modify any
14license, permit, special order, registration, or certification
15issued under this Act. This action may be taken in addition to
16or in lieu of monetary penalties assessed as set forth in this
17Section. When it is in the interest of the people of the State
18of Illinois, the Director may, upon good and sufficient
19evidence, suspend the registration, license, or permit until a
20hearing has been held. In such cases, the Director shall issue
21an order in writing setting forth the reasons for the
22suspension. Such order shall be served personally on the
23person or by registered or certified mail sent to the person's
24business address as shown in the latest notification to the
25Department. When such an order has been issued by the



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1Director, the person may request an immediate hearing.
2    (2) Before initiating hearing proceedings, the Director
3may issue an advisory letter to a violator of this Act or its
4rules and regulations when the violation points total 6 or
5less, as determined by the Department by the Use and Violation
6Criteria established in this Section. When the Department
7determines that the violation points total more than 6 but not
8more than 13, the Director shall issue a warning letter to the
10    (3) The hearing officer upon determination of a violation
11or violations shall assess one or more of the following
13        (A) For any person applying pesticides without a
14    license or misrepresenting certification or failing to
15    comply with conditions of an agrichemical facility permit
16    or failing to comply with the conditions of a written
17    authorization for land application of agrichemical
18    contaminated soils or groundwater, a penalty of $500 shall
19    be assessed for the first offense and $1,000 for the
20    second and subsequent offenses.
21        (B) For violations of a stop use order imposed by the
22    Director, the penalty shall be $2500.
23        (C) For violations of a stop sale order imposed by the
24    Director, the penalty shall be $1500 for each individual
25    item of the product found in violation of the order.
26        (D) For selling restricted use pesticides to a



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1    non-certified applicator the penalty shall be $1000.
2        (E) For selling restricted use pesticides without a
3    dealer's license the penalty shall be $1,000.
4        (F) For constructing or operating without an
5    agrichemical facility permit after receiving written
6    notification, the penalty shall be $500 for the first
7    offense and $1,000 for the second and subsequent offenses.
8        (F-5) For any person found by the Department to have
9    committed a use inconsistent with the label, as defined in
10    subsection 40 of Section 4, that results in human exposure
11    to a pesticide, the penalty shall be assessed in
12    accordance with this paragraph (F-5). The Department shall
13    impose a penalty under this paragraph (F-5) only if it
14    represents an amount greater than the penalty assessed
15    under paragraph subparagraph (G). The amount of the
16    penalty under this paragraph (F-5) is calculated as
17    follows:
18            (a) If fewer than 3 humans are exposed, then the
19        penalty shall be $500 for each human exposed.
20            (b) If 3 or more humans but fewer than 5 humans are
21        exposed, then the penalty shall be $750 for each human
22        exposed.
23            (c) If 5 or more humans are exposed, then the
24        penalty shall be $1,250 for each human exposed.
25        If a penalty is imposed under this paragraph (F-5),
26    the Department shall redetermine the total violation



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1    points under subsection (4), less any points under
2    subsection (4) stemming from human exposure, and impose
3    any additional penalty under paragraph subparagraph (G)
4    based on the new total. The reassessed total shall not
5    affect any determination under subsection (2); any
6    determination under subsection (2) shall be determined by
7    the full application of points under subsection (4).
8        (G) For violations of the Act and rules and
9    regulations, administrative penalties will be based upon
10    the total violation points as determined by the Use and
11    Violation Criteria as set forth in subsection paragraph
12    (4) of this Section. The monetary penalties shall be as
13    follows:
14Total Violation PointsMonetary Penalties
1512-13 $500
1614-16$1,250 $750
1717-19$2,500 $1000
1820-21$5,000 $2500
1922-25$7,500 $5000
2026-29$12,500 $7500
2130 and above$17,500 $10,000
22    (4) Subject to paragraph (F-5), the following Use and
23Violation Criteria establishes the point value which shall be
24compiled to determine the total violation points and
25administrative actions or monetary penalties to be imposed as
26set forth in paragraph (3)(G) of this Section:



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1        (A) Point values shall be assessed upon the harm or
2    loss incurred.
3            (1) A point value of 1 shall be assessed for the
4        following:
5                (a) Exposure to a pesticide by plants, animals
6            or humans with no symptoms or damage noted.
7                (b) Fraudulent sales practices or
8            representations with no apparent monetary losses
9            involved.
10            (2) A point value of 2 shall be assessed for
11        exposure the following: (a) Exposure to a pesticide
12        which resulted in:
13                (a) Herbaceous plants (1) Plants or property
14            showing signs of damage, including, but not
15            limited to, leaf curl, burning, wilting, spotting,
16            or discoloration, or dying.
17                (b) (2) Garden produce or an agricultural crop
18            not being harvested on schedule.
19                (c) (3) Fraudulent sales practices or
20            representations resulting in losses under $500.
21            (3) A point value of 4 shall be assessed for the
22        following:
23                (a) Exposure to a pesticide resulting in a
24            human experiencing headaches, nausea, eye
25            irritation, and such other symptoms which
26            persisted less than 3 days.



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1                (b) Herbaceous plants Plant or property damage
2            resulting in permanent injury or death in a loss
3            below $1000.
4                (c) Animals exhibiting symptoms of pesticide
5            poisoning, including, but not limited to, eye or
6            skin irritations or lack of coordination.
7                (d) Death to less than 5 animals.
8                (e) Fraudulent sales practices or
9            representations resulting in losses from $500 to
10            $2000.
11                (f) Woody perennial plants showing signs of
12            damage, including, but not limited to, leaf curl,
13            burning, wilting, spotting, or discoloration.
14            (4) A point value of 6 shall be assessed for the
15        following:
16                (a) Exposure to a pesticide resulting in a
17            human experiencing headaches, nausea, eye
18            irritation, and such other symptoms which
19            persisted 3 or more days.
20                (b) Plant or property damage resulting in a
21            loss of $1000 or more.
22                (c) Death to 5 or more animals.
23                (d) Fraudulent sales practices or
24            representations resulting in losses over $2000.
25                (e) Woody perennial plants showing signs of
26            damage likely to cause an increased risk of



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1            mortality or damage which results in mortality.
2        (B) Point values shall be assessed based upon the
3    signal word on the label of the chemical involved:
4Point ValueSignal Word
5 1  Caution
6 2  Warning
7 4  Danger/Poison
8        (C) Point values shall be assessed based upon the
9    degree of responsibility.
10Point ValueDegree of Responsibility
112Accidental (such as equipment
12 malfunction)
15        (D) Point values shall be assessed based upon the
16    violator's history for the previous 3 years:
17Point ValueRecord
182Advisory letter
193Warning letter
22Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty
237Certification, license, or
24registration currently
25suspended or revoked



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1        (E) Point values shall be assessed based upon the
2    violation type:
3            (1) Application Oriented:
4Point ValueViolation
51Inadequate records
62Lack of supervision
72Faulty equipment
8            Use contrary to label directions:
92a. resulting in exposure to
10applicator or operator
114 3b. resulting in exposure to
12other persons or the
143c. precautionary statements,
15sites, rates, restricted use
174 3Water contamination
183Storage or disposal contrary
19to label directions
204 3Pesticide drift
214Direct application to a
22 non-target site
236Falsification of records
25Failure to secure a permit or violation of permit or special
26 order



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1            (2) Product Oriented:
2Point ValueViolation
36Pesticide not registered
44Product label claims differ
5from approved label
64Product composition (active ingredients differs from
7that of approved label)
84Product not colored as required
94Misbranding as set forth in
10Section 5 of the Act (4
11points will be assessed for
12each count)
13        (5) Any penalty not paid within 60 days of notice from
14    the Department shall be submitted to the Attorney
15    General's Office for collection. Failure to pay a penalty
16    shall also be grounds for suspension or revocation of
17    permits, licenses and registrations.
18        (6) Private applicators, except those private
19    applicators who have been found by the Department to have
20    committed a "use inconsistent with the label" as defined
21    in subsection 40 of Section 4 of this Act, are exempt from
22    the Use and Violation Criteria point values.
23(Source: P.A. 102-558, eff. 8-20-21; 103-62, eff. 6-9-23;
24revised 9-20-23.)