Full Text of HB5195 102nd General Assembly
HB5195 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5195 Introduced 1/31/2022, by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: |
| 510 ILCS 20/1a | from Ch. 8, par. 123a | 510 ILCS 20/2d new | |
|
Amends the Bees and Apiaries Act. Prohibits a certified applicator from applying to blooming crops a pesticide with a label indicating that it is toxic to bees between the hours of 8:00 a.m. and 6:00 p.m. if the site of application is located within one-half mile of a registered apiary. Requires a certified applicator to notify in writing each registered apiary located within one-half mile of the site of application of the intended date and time of application at least 24 hours prior to application. Requires a certified applicator to provide a copy of the label of the product being applied upon request. Requires a certified applicator to maintain an active list of apiaries that are registered on the specialty crop registry on the first day of each month. Provides that any violation shall be considered a use contrary to label directions and shall be assessed the associated point value of 3 for purposes of determining the appropriate administrative action or penalty under the Illinois Pesticide Act. Defines "certified applicator", "label", "registered apiary", and "specialty crop registry".
|
| |
| | A BILL FOR |
|
| | | HB5195 | | LRB102 23557 NLB 32739 b |
|
| 1 | | AN ACT concerning animals.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Bees and Apiaries Act is amended by | 5 | | changing Section 1a and by adding Section 2d as follows:
| 6 | | (510 ILCS 20/1a) (from Ch. 8, par. 123a)
| 7 | | Sec. 1a. Definitions. As used in this Act, unless the | 8 | | context otherwise
requires:
| 9 | | "Abate" means the destruction or disinfection of bees, | 10 | | colonies, or items
of bee equipment by burning or by treatment | 11 | | specified by the Department.
| 12 | | "Apiary" means a place where one or more hives or
colonies
| 13 | | of bees are kept.
| 14 | | "Bee diseases" means any infectious or contagious diseases | 15 | | of bees
as
specified by the Department, including but not | 16 | | limited to American
foulbrood.
| 17 | | "Bee equipment" means hives, supers, frames, or
any other | 18 | | devices used in beekeeping.
| 19 | | "Bee parasites" means any parasite of bees as specified by | 20 | | the
Department.
| 21 | | "Beekeeper" means a person who keeps bees.
| 22 | | "Beekeeping" means the raising or producing of bees,
| 23 | | beeswax, honey, and by-products and the transporting of bees,
|
| | | HB5195 | - 2 - | LRB102 23557 NLB 32739 b |
|
| 1 | | colonies or items of bee equipment.
| 2 | | "Bees" means the common honey bee, Apis mellifera (L) in
| 3 | | any stage of its life cycle.
| 4 | | "Certified applicator" has the meaning provided in the | 5 | | Illinois Pesticide Act. | 6 | | "Colony" means the entire honey bee family or social unit | 7 | | living
together.
| 8 | | "Compliance agreement" means a written agreement between a | 9 | | registrant or
other person handling or moving bees, colonies | 10 | | or items of
bee equipment and the Department, in which the | 11 | | former agrees to
specified conditions or
requirements so as to | 12 | | remain in compliance with the terms of this Act.
| 13 | | "Department" means the Illinois Department of Agriculture.
| 14 | | "Director" means the Director of the Illinois Department | 15 | | of Agriculture or his or her authorized agent.
| 16 | | "Exotic strain of bees" means any developed strain of bees | 17 | | not known to be
present ordinarily in the State as specified by | 18 | | the Department.
| 19 | | "Hive" means a frame hive, box hive, box, barrel, log gum, | 20 | | skep or any
other receptacle or container, natural or | 21 | | artificial, or any part thereof,
which is used or employed as a | 22 | | domicile for bees.
| 23 | | "Inspection certificate" means an official record stating | 24 | | that the bees, colonies, or
items of bee equipment have been
| 25 | | inspected by an inspector of apiaries or other officer charged | 26 | | with similar
duties
from this State or other states for bee |
| | | HB5195 | - 3 - | LRB102 23557 NLB 32739 b |
|
| 1 | | diseases, bee parasites or other
nuisances and found to be in | 2 | | compliance with this Act or
Illinois entry requirements.
| 3 | | "Label" means the written, printed, or graphic matter on | 4 | | or attached to the pesticide or device or any of its containers | 5 | | or wrappings. | 6 | | "Nuisance" means bees, colonies, or items of bee equipment | 7 | | where bee diseases, bee parasites or
exotic strains of bees
| 8 | | exist; or hives that cannot be readily inspected; or colonies | 9 | | that are not
registered.
| 10 | | "Packages" means bees with or without food supply in | 11 | | special containers for
their transportation.
| 12 | | "Permit" means a statement of authorization to allow bees, | 13 | | colonies, or
items of bee equipment to enter the State or to | 14 | | move within the State
whether
or not an inspection certificate | 15 | | is available.
| 16 | | "Person" means any individual, firm, partnership, | 17 | | association,
corporation, or other organized group of persons | 18 | | whether incorporated or
not.
| 19 | | "Registered apiary" means a person keeping one or more | 20 | | colonies of bees that is registered with the Department | 21 | | annually and is registered on the specialty crop registry. | 22 | | "Registrant" means the person applying for registration of | 23 | | the apiary or apiaries
and the colonies of bees.
| 24 | | "Registration" means the recording of the registrant's | 25 | | name, address,
apiary location and any other pertinent | 26 | | information on a printed form
prescribed by the Department.
|
| | | HB5195 | - 4 - | LRB102 23557 NLB 32739 b |
|
| 1 | | "Specialty crop registry" means the electronic, mapping | 2 | | communication tool designated by the Department and used for | 3 | | the purpose of preventing and managing pesticide drift | 4 | | effects. | 5 | | (Source: P.A. 88-138.)
| 6 | | (510 ILCS 20/2d new) | 7 | | Sec. 2d. Pollinator protection and certified applicators. | 8 | | (a) Between the hours of 8:00 a.m. and 6:00 p.m., a | 9 | | certified applicator shall not apply to blooming crops a | 10 | | pesticide with a label indicating that it is toxic to bees if | 11 | | the site of application is located within one-half mile of a | 12 | | registered apiary. | 13 | | (b) At least 24 hours prior to applying a pesticide with a | 14 | | label indicating that it is toxic to bees, a certified | 15 | | applicator shall notify in writing each registered apiary | 16 | | located within one-half mile of the site of application of the | 17 | | intended date and time of application. Upon request, the | 18 | | certified applicator shall provide a copy of the label of the | 19 | | product being applied. | 20 | | (c) A certified applicator shall maintain an active list | 21 | | of apiaries that are registered on the specialty crop registry | 22 | | on the first day of each month. | 23 | | (d) Any violation of this Section shall be considered a | 24 | | use contrary to label directions (precautionary statements, | 25 | | sites, rates, restricted use requirements) and shall be |
| | | HB5195 | - 5 - | LRB102 23557 NLB 32739 b |
|
| 1 | | assessed the associated point value of 3 (under item (4)(E)(1) | 2 | | of Section 24.1 of the Illinois Pesticide Act) for purpose of | 3 | | determining the appropriate administrative action or penalty | 4 | | authorized by Section 24.1 of the Illinois Pesticide Act.
|
|