Illinois General Assembly - Full Text of HB2254
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Full Text of HB2254  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/14/2023, by Rep. Dagmara Avelar


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

    Amends the Illinois Pesticide Act. Provides that for any person applying a pesticide that results in exposure to the pesticide by a human, the penalty shall be $2,500. Provides that an additional penalty of $1,000 shall be assessed for each individual human exposed to the pesticide. Effective immediately.

LRB103 25086 CPF 51421 b





HB2254LRB103 25086 CPF 51421 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 24.1 as follows:
6    (415 ILCS 60/24.1)  (from Ch. 5, par. 824.1)
7    Sec. 24.1. Administrative actions and penalties.
8    (1) The Director is authorized after an opportunity for an
9administrative hearing to suspend, revoke, or modify any
10license, permit, special order, registration, or certification
11issued under this Act. This action may be taken in addition to
12or in lieu of monetary penalties assessed as set forth in this
13Section. When it is in the interest of the people of the State
14of Illinois, the Director may, upon good and sufficient
15evidence, suspend the registration, license, or permit until a
16hearing has been held. In such cases, the Director shall issue
17an order in writing setting forth the reasons for the
18suspension. Such order shall be served personally on the
19person or by registered or certified mail sent to the person's
20business address as shown in the latest notification to the
21Department. When such an order has been issued by the
22Director, the person may request an immediate hearing.
23    (2) Before initiating hearing proceedings, the Director



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1may issue an advisory letter to a violator of this Act or its
2rules and regulations when the violation points total 6 or
3less, as determined by the Department by the Use and Violation
4Criteria established in this Section. When the Department
5determines that the violation points total more than 6 but not
6more than 13, the Director shall issue a warning letter to the
8    (3) The hearing officer upon determination of a violation
9or violations shall assess one or more of the following
11        (A) For any person applying pesticides without a
12    license or misrepresenting certification or failing to
13    comply with conditions of an agrichemical facility permit
14    or failing to comply with the conditions of a written
15    authorization for land application of agrichemical
16    contaminated soils or groundwater, a penalty of $500 shall
17    be assessed for the first offense and $1,000 for the
18    second and subsequent offenses.
19        (B) For violations of a stop use order imposed by the
20    Director, the penalty shall be $2500.
21        (C) For violations of a stop sale order imposed by the
22    Director, the penalty shall be $1500 for each individual
23    item of the product found in violation of the order.
24        (D) For selling restricted use pesticides to a
25    non-certified applicator the penalty shall be $1000.
26        (E) For selling restricted use pesticides without a



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1    dealer's license the penalty shall be $1,000.
2        (F) For constructing or operating without an
3    agrichemical facility permit after receiving written
4    notification, the penalty shall be $500 for the first
5    offense and $1,000 for the second and subsequent offenses.
6        (F-5) For any person applying a pesticide that results
7    in exposure to the pesticide by a human, the penalty shall
8    be $2,500. An additional penalty of $1,000 shall be
9    assessed for each individual human exposed to the
10    pesticide.
11        (G) For violations of the Act and rules and
12    regulations, administrative penalties will be based upon
13    the total violation points as determined by the Use and
14    Violation Criteria as set forth in paragraph (4) of this
15    Section. The monetary penalties shall be as follows:
16Total Violation PointsMonetary Penalties
1817-19 $1000
1920-21 $2500
2022-25 $5000
2126-29 $7500
2230 and above$10,000
23    (4) The following Use and Violation Criteria establishes
24the point value which shall be compiled to determine the total
25violation points and administrative actions or monetary
26penalties to be imposed as set forth in paragraph (3)(G) of



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



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1            irritation and such other symptoms which persisted
2            less than 3 days.
3                (b) Plant or property damage resulting in a
4            loss below $1000.
5                (c) Animals exhibiting symptoms of pesticide
6            poisoning including but not limited to eye or skin
7            irritations or lack of coordination.
8                (d) Death to less than 5 animals.
9                (e) Fraudulent sales practices or
10            representations resulting in losses from $500 to
11            $2000.
12            (4) A point value of 6 shall be assessed for the
13        following:
14                (a) Exposure to a pesticide resulting in a
15            human experiencing headaches, nausea, eye
16            irritation and such other symptoms which persisted
17            3 or more days.
18                (b) Plant or property damage resulting in a
19            loss of $1000 or more.
20                (c) Death to 5 or more animals.
21                (d) Fraudulent sales practices or
22            representations resulting in losses over $2000.
23        (B) Point values shall be assessed based upon the
24    signal word on the label of the chemical involved:
25Point ValueSignal Word
26 1  Caution



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1 2  Warning
2 4  Danger/Poison
3        (C) Point values shall be assessed based upon the
4    degree of responsibility.
5Point ValueDegree of Responsibility
62Accidental (such as equipment
7 malfunction)
10        (D) Point values shall be assessed based upon the
11    violator's history for the previous 3 years:
12Point ValueRecord
132Advisory letter
143Warning letter
18Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty
197Certification, license or
20registration currently
21suspended or revoked
22        (E) Point values shall be assessed based upon the
23    violation type:
24            (1) Application Oriented:
25Point ValueViolation
261Inadequate records



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12Lack of supervision
22Faulty equipment
3            Use contrary to label directions:
42a. resulting in exposure to
5applicator or operator
63b. resulting in exposure to
7other persons or the
93c. precautionary statements,
10sites, rates, restricted use
123Water contamination
133Storage or disposal contrary
14to label directions
153Pesticide drift
164Direct application to a
17 non-target site
186Falsification of records
20Failure to secure a permit or violation of permit or special
21 order
22            (2) Product Oriented:
23Point ValueViolation
246Pesticide not registered
254Product label claims differ
26from approved label



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2Product composition (active ingredients differs from
3that of approved label)
44Product not colored as required
54Misbranding as set forth in
6Section 5 of the Act (4
7points will be assessed for
8each count)
9        (5) Any penalty not paid within 60 days of notice from
10    the Department shall be submitted to the Attorney
11    General's Office for collection. Failure to pay a penalty
12    shall also be grounds for suspension or revocation of
13    permits, licenses and registrations.
14        (6) Private applicators, except those private
15    applicators who have been found by the Department to have
16    committed a "use inconsistent with the label" as defined
17    in subsection 40 of Section 4 of this Act, are exempt from
18    the Use and Violation Criteria point values.
19(Source: P.A. 102-558, eff. 8-20-21.)
20    Section 99. Effective date. This Act takes effect upon
21becoming law.