Illinois General Assembly - Full Text of HB3118
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Full Text of HB3118  102nd General Assembly

HB3118enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3118 EnrolledLRB102 15736 CPF 22287 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 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
17or used, including any substance which has been substituted
18wholly or in part for the pesticide as specified on the
19labeling under which it is sold, distributed or used, or if any
20valuable constituent of the pesticide has been wholly or in
21part abstracted.
22    4. "Agricultural Commodity" means produce of the land
23including but not limited to plants and plant parts, livestock

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    42. "Wildlife" means all living things, not human,
2domestic, or pests.
3    43. "Bulk pesticide" means any registered pesticide which
4is transported or held in an individual container in undivided
5quantities of greater than 55 U.S. gallons liquid measure or
6100 pounds net dry weight.
7    44. "Bulk repackaging" means the transfer of a registered
8pesticide from one bulk container (containing undivided
9quantities of greater than 100 U.S. gallons liquid measure or
10100 pounds net dry weight) to another bulk container
11(containing undivided quantities of greater than 100 U.S.
12gallons liquid measure or 100 pounds net dry weight) in an
13unaltered state in preparation for sale or distribution to
14another person.
15    45. "Business" means any individual, partnership,
16corporation or association engaged in a business operation for
17the purpose of selling or distributing pesticides or providing
18the service of application of pesticides in this State.
19    46. "Facility" means any building or structure and all
20real property contiguous thereto, including all equipment
21fixed thereon used for the operation of the business.
22    47. "Chemigation" means the application of a pesticide
23through the systems or equipment employed for the primary
24purpose of irrigation of land and crops.
25    48. "Use" means any activity covered by the pesticide
26label including but not limited to application of pesticide,

 

 

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1mixing and loading, storage of pesticides or pesticide
2containers, disposal of pesticides and pesticide containers
3and reentry into treated sites or areas.
4(Source: P.A. 102-555, eff. 1-1-22.)
 
5    (415 ILCS 60/13.4 new)
6    Sec. 13.4. Barrier mosquitocides.
7    (a) Except as provided under subsection (e) and rules
8adopted by the Department of Agriculture under subsection (b),
9no commercial applicator shall apply a barrier mosquitocide
10between October 16 and April 14.
11    (b) The Department of Agriculture may adopt rules allowing
12for the application of barrier mosquitocides by commercial
13applicators between October 16 and April 14, provided that the
14Department of Agriculture determines, as a part of the
15rulemaking proceeding, that there is evidence of a significant
16unmet need for the commercial application of barrier
17mosquitocides between October 16 and April 14 due to the
18abundance of target mosquito populations in the State during
19that period.
20    (c) A commercial applicator of a barrier mosquitocide
21must, at a minimum:
22        (1) not apply a barrier mosquitocide when wind speeds
23    are greater than or equal to 10 miles per hour;
24        (2) be licensed under this Act and have completed the
25    additional licensure and testing requirements established

 

 

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1    by the Department of Agriculture under subsection (d);
2        (3) erect, immediately following application of the
3    barrier mosquitocide, signage for residential properties
4    treated with barrier mosquitocides that is comparable to
5    the notification requirements under subsection (a) of
6    Section 3 of the Lawn Care Products Application and Notice
7    Act; and
8        (4) provide, upon request and in a manner that is
9    comparable to the notification requirements under
10    subsection (d) of Section 3 of the Lawn Care Products
11    Application and Notice Act, a copy of the product labels
12    required for the barrier mosquitocide under the Federal
13    Insecticide Fungicide, and Rodenticide Act (FIFRA).
14    (d) The Department of Agriculture shall adopt rules to
15expand its existing commercial applicator licensure and
16testing program to include training in the residential
17application of barrier mosquitocides. The training developed
18by the Department of Agriculture shall include a course on
19mosquito control and pollinator protection in the residential
20environment and shall also include training in the following
21topics:
22        (1) requirements for domestic inspections by
23    commercial applicators prior to application of barrier
24    mosquitocides;
25        (2) identification of mosquitoes in areas to be
26    treated with the barrier mosquitocide;

 

 

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1        (3) distinguishing between species of mosquitoes;
2        (4) mosquito behavior, biology, and life cycle;
3        (5) pesticide-free source mosquito-reduction methods;
4        (6) pesticide drift and the protection of bystanders
5    during pesticide application;
6        (7) pesticide label requirements;
7        (8) proper technique for application of barrier
8    mosquitocides;
9        (9) protection of pollinators from barrier
10    mosquitocides;
11        (10) mosquito-borne diseases;
12        (11) proper use of equipment for application of
13    mosquitocides;
14        (12) use of personal protective equipment during
15    application of barrier mosquitocides;
16        (13) areas where barrier mosquitocides cannot be
17    applied; and
18        (14) any other topic the Department of Agriculture
19    determines to be relevant.
20    (e) Any barrier mosquitocide treatment made for public
21health purposes by or on behalf of a mosquito abatement
22district, public health department, township, municipality, or
23other unit of local government is exempt from this Section and
24any rules adopted under this Section.
25    (f) The Department of Agriculture may partner with the
26University of Illinois to develop and administer a voluntary

 

 

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1continuing education curriculum that includes as a curricular
2element a unit on pollinator protection and ecological
3protection.
 
4    (415 ILCS 60/13.5 new)
5    Sec. 13.5. Mosquito misters prohibited. No person shall
6install or use any residential automatic pesticide misting
7system in this State. For purposes of this Section,
8"residential automatic pesticide misting system" means any
9device that is designed to be installed on, near, or around the
10exterior of any residential dwelling or the grounds of a
11residential dwelling and to automatically spray any pesticide
12solution at timed intervals.
 
13    Section 99. Effective date. This Act takes effect January
141, 2023.