Illinois General Assembly - Full Text of SB2932
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Full Text of SB2932  101st General Assembly




State of Illinois
2019 and 2020


Introduced 2/4/2020, by Sen. Julie A. Morrison


415 ILCS 60/13.4 new
415 ILCS 60/14  from Ch. 5, par. 814

    Amends the Illinois Pesticide Act. Provides that, no later than January 1, 2022, the Department of Agriculture shall develop a drift monitoring study to evaluate pesticide drift at 3 schools within the State and shall submit a report of its findings and recommendations to the General Assembly no later than January 1, 2023. Repeals the provisions regarding the drift monitoring study on January 1, 2024. Provides that it is unlawful to apply a restricted use pesticide on or within 500 feet of a school property during normal hours, except for whole structure fumigation, unless the pesticide application information listed on the pesticide label is more restrictive, in which case the more restrictive provision shall apply. Directs the Department of Public Health to adopt rules necessary to implement the restriction. Defines "normal school hours". Effective January 1, 2021.

LRB101 18770 CPF 68225 b





SB2932LRB101 18770 CPF 68225 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 adding
5Section 13.4 and by changing Section 14 as follows:
6    (415 ILCS 60/13.4 new)
7    Sec. 13.4. Pesticide drift monitoring study.
8    (a) No later than January 1, 2022, the Department of
9Agriculture shall develop a drift monitoring study to evaluate
10pesticide drift at 3 schools within the State. The Department
11of Agriculture shall submit a report of its findings and
12recommendations to the General Assembly no later than January
131, 2023.
14    (b) This Section is repealed on January 1, 2024.
15    (415 ILCS 60/14)  (from Ch. 5, par. 814)
16    Sec. 14. Unlawful Acts.
17    1. The following are violations of this Act, if any person:
18        A. Made false or fraudulent claims through any media
19    misrepresenting the effect of pesticides or methods.
20        B. Applied known ineffective or improper pesticides.
21        C. Applied pesticides in a faulty, careless, or
22    negligent manner.



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1        D. Used or made recommendation for use of a pesticide
2    inconsistent with the labeling of the pesticide.
3        E. Neglected, or after notice in writing, refused, to
4    comply with provisions of this Act, the regulations adopted
5    hereunder, or of any lawful order of the Director,
6    including the limitations specified in a duly issued
7    permit, certification, or registration.
8        F. Failed to keep and maintain records required by this
9    Act or failed to make reports when and as required or made
10    false or fraudulent records or reports.
11        G. Used or supervised the use of a pesticide without
12    qualifying as a certified applicator or licensed operator.
13        H. Used fraud or misrepresentation in making
14    application for, or renewal of, any license, permit,
15    certification, or registration or in demonstration of
16    competence.
17        I. Aided or abetted a person to evade provisions of
18    this Act, conspired with any person to evade provisions of
19    this Act or allowed a license, permit, certification or
20    registration to be used by another person.
21        J. Impersonated any federal, state, county, or city
22    official.
23        K. Purchased pesticides by using another person's
24    license or using or purchasing pesticides outside of a
25    specific category for which that person is licensed or any
26    other misrepresentation.



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1        L. Fails to comply with the rules and regulations
2    adopted under the authority of this Act.
3    2. Except as provided in Section 14 (2G), it is unlawful
4for any person to distribute in the State the following:
5        A. A pesticide not registered pursuant to provisions of
6    this Act.
7        B. Any pesticide, if any claim made for it, use
8    recommendation, other labeling or formulation, differs
9    from the representations made in connection with
10    registration. However, a change in labeling or formulation
11    may be made within a registration if the change does not
12    violate provisions of FIFRA or this Act.
13        C. Any pesticide unless in the registrants unbroken
14    container.
15        D. Any pesticide container to which all label
16    information required under provisions of this Act has not
17    been securely affixed.
18        E. Any pesticide which is adulterated or misbranded or
19    any device which is misbranded.
20        F. Any pesticide in a container which, due to damage,
21    is hazardous to handle and store.
22        G. It shall not be unlawful to distribute pesticides
23    "in bulk" provided such distribution does not violate the
24    provisions of this Act, the Rules and Regulations under
25    this Act, or FIFRA.
26    3. It shall be unlawful:



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1        A. To sell any pesticide labeled for restricted use to
2    any applicator not certified, unless such applicator has a
3    valid permit authorizing purchase under a special
4    exemption from certification requirements.
5        B. To handle, store, display, use or distribute
6    pesticides in such manner as to endanger man and his
7    environment, to endanger food, feed or other products that
8    may be stored, displayed or distributed with such
9    pesticides.
10        C. To use, dispose of, discard, or store pesticides or
11    their containers in such a manner as to endanger public
12    health and the environment or to pollute water supplies.
13        D. To use for personal advantage, reveal to persons,
14    other than the Director designee or properly designated
15    official of other jurisdictions, or to a physician or other
16    qualified person in cases of emergency for preparation of
17    an antidote any information judged as relating to trade
18    secrets. To use or reveal a financial information obtained
19    by authority or marked as privileged or confidential by a
20    registrant.
21        E. To sell any pesticide labeled labelled for
22    restricted use over an Internet website to an Illinois
23    resident who is not a certified pesticide applicator as
24    provided under Section 11 of this Act.
25        F. To apply a restricted use pesticide on or within 500
26    feet of a school property during normal hours, except for



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1    whole structure fumigation. However, if the pesticide
2    application information listed on the pesticide label is
3    more restrictive than this paragraph (F), then the more
4    restrictive provision shall apply. The Department of
5    Public Health shall adopt rules necessary to implement the
6    provisions of this paragraph (F). As used in this paragraph
7    (F), "normal school hours" means Monday through Friday from
8    7 a.m. until 4 p.m., excluding days when classes are not in
9    session.
10    4. Exemptions from the violation provisions of this Act are
11as follows:
12        A. Carriers lawfully engaged in transporting
13    pesticides within this State, provided that such carrier
14    shall upon request permit the Director to copy all records
15    showing transactions in the movement of the pesticide or
16    device.
17        B. Public officials of this State or the federal
18    government while engaged in the performance of official
19    duties in administration of pesticide laws or regulations.
20        C. Persons who ship a substance or mixture of
21    substances being tested for the purpose of determining its
22    value for pesticide use, to determine its toxicity or other
23    properties and from which such user does not derive any
24    benefit in pest control from its use.
25    5. No pesticide or device shall be deemed in violation of
26this Act when intended solely for export to a foreign country.



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1If it is not exported all the provisions of this Act shall
3(Source: P.A. 94-758, eff. 1-1-07.)
4    Section 99. Effective date. This Act takes effect January
51, 2021.