Illinois General Assembly - Full Text of HB5378
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Full Text of HB5378  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/31/2022, by Rep. Daniel Didech


415 ILCS 60/4  from Ch. 5, par. 804

    Amends the Illinois Pesticide Act. Expands the definition of "restricted use pesticide" to include pesticides containing chlorpyrifos or malathion as an active ingredient.

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HB5378LRB102 25081 CPF 34341 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 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, livestock
23and poultry and livestock or poultry products, seeds, sod,



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1shrubs and other products of agricultural origin including the
2premises necessary to and used directly in agricultural
3production. Agricultural commodity also includes aquatic
4products, including any aquatic plants and animals or their
5by-products that are produced, grown, managed, harvested and
6marketed 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, bird,
10fish, and shellfish.
11    6. "Beneficial Insects" means those insects which during
12their life cycle are effective pollinators of plants,
13predators of pests or are otherwise beneficial.
14    7. "Certified applicator".
15        A. "Certified applicator" means any individual who is
16    certified under this Act to purchase, use, or supervise
17    the use of pesticides which are classified for restricted
18    use.
19        B. "Private applicator" means a certified applicator
20    who purchases, uses, or supervises the use of any
21    pesticide classified for restricted use, for the purpose
22    of producing any agricultural commodity on property owned,
23    rented, or otherwise controlled by him or his employer, or
24    applied to other property if done without compensation
25    other than trading of personal services between no more
26    than 2 producers of agricultural commodities.



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1        C. "Licensed Commercial Applicator" means a certified
2    applicator, whether or not he is a private applicator with
3    respect to some uses, who owns or manages a business that
4    is engaged in applying pesticides, whether classified for
5    general or restricted use, for hire. The term also applies
6    to a certified applicator who uses or supervises the use
7    of pesticides, whether classified for general or
8    restricted use, for any purpose or on property of others
9    excluding those specified by subparagraphs 7 (B), (D), (E)
10    of Section 4 of this Act.
11        D. "Commercial Not For Hire Applicator" means a
12    certified applicator who uses or supervises the use of
13    pesticides classified for general or restricted use for
14    any purpose on property of an employer when such activity
15    is a requirement of the terms of employment and such
16    application of pesticides under this certification is
17    limited to property under the control of the employer only
18    and includes, but is not limited to, the use or
19    supervision of the use of pesticides in a greenhouse
20    setting. "Commercial Not For Hire Applicator" also
21    includes a certified applicator who uses or supervises the
22    use of pesticides classified for general or restricted use
23    as an employee of a state agency, municipality, or other
24    duly constituted governmental agency or unit.
25    8. "Defoliant" means any substance or combination of
26substances which cause leaves or foliage to drop from a plant



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1with or without causing abscission.
2    9. "Desiccant" means any substance or combination of
3substances intended for artificially accelerating the drying
4of plant tissue.
5    10. "Device" means any instrument or contrivance, other
6than a firearm or equipment for application of pesticides when
7sold separately from pesticides, which is intended for
8trapping, repelling, destroying, or mitigating any pest, other
9than bacteria, virus, or other microorganisms on or living in
10man or other living animals.
11    11. "Distribute" means offer or hold for sale, sell,
12barter, ship, deliver for shipment, receive and then deliver,
13or offer to deliver pesticides, within the State.
14    12. "Environment" includes water, air, land, and all
15plants and animals including man, living therein and the
16interrelationships which exist among these.
17    13. "Equipment" means any type of instruments and
18contrivances using motorized, mechanical or pressure power
19which is used to apply any pesticide, excluding pressurized
20hand-size household apparatus containing dilute ready to apply
21pesticide or used to apply household pesticides.
22    14. "FIFRA" means the Federal Insecticide, Fungicide, and
23Rodenticide Act, as amended.
24    15. "Fungi" means any non-chlorophyll bearing
25thallophytes, any non-chlorophyll bearing plant of a lower
26order than mosses or liverworts, as for example rust, smut,



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1mildew, mold, yeast and bacteria, except those on or in living
2animals including man and those on or in processed foods,
3beverages or pharmaceuticals.
4    16. "Household Substance" means any pesticide customarily
5produced and distributed for use by individuals in or about
6the household.
7    17. "Imminent Hazard" means a situation which exists when
8continued use of a pesticide would likely result in
9unreasonable adverse effect on the environment or will involve
10unreasonable hazard to the survival of a species declared
11endangered by the U.S. Secretary of the Interior or to species
12declared to be protected by the Illinois Department of Natural
14    18. "Inert Ingredient" means an ingredient which is not an
15active ingredient.
16    19. "Ingredient Statement" means a statement of the name
17and percentage of each active ingredient together with the
18total percentage of inert ingredients in a pesticide and for
19pesticides containing arsenic in any form, the ingredient
20statement shall include percentage of total and water soluble
21arsenic, each calculated as elemental arsenic. In the case of
22spray adjuvants the ingredient statement need contain only the
23names of the functioning agents and the total percent of those
24constituents ineffective as spray adjuvants.
25    20. "Insect" means any of the numerous small invertebrate
26animals generally having the body more or less obviously



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1segmented for the most part belonging to the class Insects,
2comprised of six-legged, usually winged forms, as for example
3beetles, caterpillars, and flies. This definition encompasses
4other allied classes of arthropods whose members are wingless
5and usually have more than 6 legs as for example spiders,
6mites, ticks, centipedes, and millipedes.
7    21. "Label" means the written, printed or graphic matter
8on or attached to the pesticide or device or any of its
9containers or wrappings.
10    22. "Labeling" means the label and all other written,
11printed or graphic matter: (a) on the pesticide or device or
12any of its containers or wrappings, (b) accompanying the
13pesticide or device or referring to it in any other media used
14to disseminate information to the public, (c) to which
15reference is made to the pesticide or device except when
16references are made to current official publications of the U.
17S. Environmental Protection Agency, Departments of
18Agriculture, Health, Education and Welfare or other Federal
19Government institutions, the state experiment station or
20colleges of agriculture or other similar state institution
21authorized to conduct research in the field of pesticides.
22    23. "Land" means all land and water area including
23airspace, and all plants, animals, structures, buildings,
24contrivances, and machinery appurtenant thereto or situated
25thereon, fixed or mobile, including any used for



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1    24. "Licensed Operator" means a person employed to apply
2pesticides to the lands of others under the direction of a
3"licensed commercial applicator" or a "licensed commercial
4not-for-hire applicator".
5    25. "Nematode" means invertebrate animals of the phylum
6nemathelminthes and class nematoda, also referred to as nemas
7or eelworms, which are unsegmented roundworms with elongated
8fusiform or sac-like bodies covered with cuticle and
9inhabiting soil, water, plants or plant parts.
10    26. "Permit" means a written statement issued by the
11Director or his authorized agent, authorizing certain acts of
12pesticide purchase or of pesticide use or application on an
13interim basis prior to normal certification, registration, or
15    27. "Person" means any individual, partnership,
16association, fiduciary, corporation, or any organized group of
17persons whether incorporated or not.
18    28. "Pest" means (a) any insect, rodent, nematode, fungus,
19weed, or (b) any other form of terrestrial or aquatic plant or
20animal life or virus, bacteria, or other microorganism,
21excluding virus, bacteria, or other microorganism on or in
22living animals including man, which the Director declares to
23be a pest.
24    29. "Pesticide" means any substance or mixture of
25substances intended for preventing, destroying, repelling, or
26mitigating any pest or any substance or mixture of substances



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1intended for use as a plant regulator, defoliant or desiccant.
2    30. "Pesticide Dealer" means any person who distributes
3registered pesticides to the user.
4    31. "Plant Regulator" means any substance or mixture of
5substances intended through physiological action to affect the
6rate of growth or maturation or otherwise alter the behavior
7of ornamental or crop plants or the produce thereof. This does
8not include substances which are not intended as plant
9nutrient trace elements, nutritional chemicals, plant or seed
10inoculants or soil conditioners or amendments.
11    32. "Protect Health and Environment" means to guard
12against any unreasonable adverse effects on the environment.
13    33. "Registrant" means person who has registered any
14pesticide pursuant to the provision of FIFRA and this Act.
15    34. "Restricted Use Pesticide" means any pesticide with
16one or more of its uses classified as restricted by order of
17the Administrator of USEPA, or any pesticide that contains
18chlorpyrifos or malathion as an active ingredient.
19    35. "SLN Registration" means registration of a pesticide
20for use under conditions of special local need as defined by
22    36. "State Restricted Pesticide Use" means any pesticide
23use which the Director determines, subsequent to public
24hearing, that an additional restriction for that use is needed
25to prevent unreasonable adverse effects.
26    37. "Structural Pest" means any pests which attack and



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1destroy buildings and other structures or which attack
2clothing, stored food, commodities stored at food
3manufacturing and processing facilities or manufactured and
4processed goods.
5    38. "Unreasonable Adverse Effects on the Environment"
6means the unreasonable risk to the environment, including man,
7from the use of any pesticide, when taking into account
8accrued benefits of as well as the economic, social, and
9environmental costs of its use.
10    39. "USEPA" means United States Environmental Protection
12    40. "Use inconsistent with the label" means to use a
13pesticide in a manner not consistent with the label
14instruction, the definition adopted in FIFRA as interpreted by
15USEPA shall apply in Illinois.
16    41. "Weed" means any plant growing in a place where it is
17not wanted.
18    42. "Wildlife" means all living things, not human,
19domestic, or pests.
20    43. "Bulk pesticide" means any registered pesticide which
21is transported or held in an individual container in undivided
22quantities of greater than 55 U.S. gallons liquid measure or
23100 pounds net dry weight.
24    44. "Bulk repackaging" means the transfer of a registered
25pesticide from one bulk container (containing undivided
26quantities of greater than 100 U.S. gallons liquid measure or



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1100 pounds net dry weight) to another bulk container
2(containing undivided quantities of greater than 100 U.S.
3gallons liquid measure or 100 pounds net dry weight) in an
4unaltered state in preparation for sale or distribution to
5another person.
6    45. "Business" means any individual, partnership,
7corporation or association engaged in a business operation for
8the purpose of selling or distributing pesticides or providing
9the service of application of pesticides in this State.
10    46. "Facility" means any building or structure and all
11real property contiguous thereto, including all equipment
12fixed thereon used for the operation of the business.
13    47. "Chemigation" means the application of a pesticide
14through the systems or equipment employed for the primary
15purpose of irrigation of land and crops.
16    48. "Use" means any activity covered by the pesticide
17label including but not limited to application of pesticide,
18mixing and loading, storage of pesticides or pesticide
19containers, disposal of pesticides and pesticide containers
20and reentry into treated sites or areas.
21(Source: P.A. 102-555, eff. 1-1-22.)