103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1524

 

Introduced 2/8/2023, by Sen. Laura Ellman

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 65/3  from Ch. 5, par. 853

    Amends the Lawn Care Products Application and Notice Act. Requires an applicator for hire to provide a warning that pesticide application may affect nontargeted insects or other animals if not applied correctly.


LRB103 28766 CPF 55149 b

 

 

A BILL FOR

 

SB1524LRB103 28766 CPF 55149 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 Lawn Care Products Application and Notice
5Act is amended by changing Section 3 as follows:
 
6    (415 ILCS 65/3)  (from Ch. 5, par. 853)
7    Sec. 3. Notification requirements for application of lawn
8care products.
9    (a) Lawn Markers.
10        (1) Immediately following application of lawn care
11    products to a lawn, other than a golf course, an
12    applicator for hire shall place a lawn marker at the usual
13    point or points of entry.
14        (2) The lawn marker shall consist of a 4 inch by 5 inch
15    sign, vertical or horizontal, attached to the upper
16    portion of a dowel or other supporting device with the
17    bottom of the marker extending no less than 12 inches
18    above the turf.
19        (3) The lawn marker shall be white and lettering on
20    the lawn marker shall be in a contrasting color. The
21    marker shall state on one side, in letters of not less than
22    3/8 inch, the following: "LAWN CARE APPLICATION - STAY OFF
23    GRASS UNTIL DRY - FOR MORE INFORMATION CONTACT: (here

 

 

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

 

 

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

 

 

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1        (5) Any special instruction appearing on the label of
2    the lawn care product applicable to the customer's use of
3    the lawn following application;
4        (6) The business name and telephone number of the
5    applicator for hire as well as the name of the person
6    actually applying lawn care products to the lawn; and
7        (7) Upon the request of a customer or any person whose
8    property abuts or is adjacent to the property of a
9    customer of an applicator for hire, a copy of the material
10    safety data sheet and approved pesticide registration
11    label for each applied lawn care product; and .
12        (8) A warning that pesticide application may affect
13    nontargeted insects or other animals if not applied
14    correctly.
15    (d) Prior notification of application to lawn. In the case
16of all lawns other than golf courses:
17        (1) Any neighbor whose property abuts or is adjacent
18    to the property of a customer of an applicator for hire may
19    receive prior notification of an application by contacting
20    the applicator for hire and providing his name, address
21    and telephone number.
22        (2) At least the day before a scheduled application,
23    an applicator for hire shall provide notification to a
24    person who has requested notification pursuant to
25    paragraph (1) of this subsection (d), such notification to
26    be made in writing, in person or by telephone, disclosing

 

 

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

 

 

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

 

 

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