Full Text of HB4866 96th General Assembly
HB4866enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Weights and Measures Act is amended by | 5 |
| changing Section 8.1 as follows:
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| (225 ILCS 470/8.1) (from Ch. 147, par. 108.1)
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| Sec. 8.1.
Registration of servicepersons, service agents, | 8 |
| and
special sealers. No person,
firm, or corporation shall | 9 |
| sell, install, service, recondition or repair a
weighing or | 10 |
| measuring device used in trade or commerce without first | 11 |
| obtaining
a certificate of registration. Applications by | 12 |
| individuals for a certificate
of registration shall be made to | 13 |
| the Department, shall be in writing on forms
prescribed by the | 14 |
| Department, and shall be accompanied by the required fee.
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| Each application shall provide such information that will | 16 |
| enable the
Department to pass on the qualifications of the | 17 |
| applicant for the
certificate of registration. The information | 18 |
| requests shall
include
present residence, location of the | 19 |
| business to be licensed under this Act,
whether the applicant | 20 |
| has had any previous registration under this Act or
any | 21 |
| federal, state, county, or local law, ordinance, or regulation
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| relating
to servicepersons and service Agencies, whether the | 23 |
| applicant has
ever had
a registration suspended or revoked, |
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| whether the applicant has been
convicted of a felony, and such | 2 |
| other information as the Department deems
necessary to | 3 |
| determine if the applicant is qualified to receive a
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| certificate of registration.
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| Before any certificate of registration is issued, the | 6 |
| Department shall
require the registrant to meet the following | 7 |
| qualifications:
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| (1) Has possession of or available for use weights and
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| measures, standards,
and testing equipment appropriate in | 10 |
| design and adequate in amount to provide
the services for | 11 |
| which the person is requesting registration.
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| (2) Passes a qualifying examination for each type of | 13 |
| weighing
or measuring
device he intends to install, | 14 |
| service, recondition, or repair.
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| (3) Demonstrates a working knowledge of weighing and | 16 |
| measuring
devices
for which he intends to be registered.
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| (4) Has a working knowledge of all appropriate weights | 18 |
| and
measures laws
and their rules and regulations.
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| (5) Has available a current copy of National Institute | 20 |
| of Standards and
Technology Handbook 44.
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| (6) Pays the prescribed registration fee for the type | 22 |
| of
registration:
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| (A) The annual fee for a Serviceperson Certificate | 24 |
| of
Registration shall be
$30 $25 .
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| (B) The annual fee for a Special Sealer Certificate | 26 |
| of
Registration shall
be
$100 $50 .
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| (C) The annual fee for a Service Agency Certificate | 2 |
| of
Registration shall
be
$100 $50 .
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| "Registrant" means any individual, partnership, | 4 |
| corporation, agency, firm,
or company registered by the | 5 |
| Department who installs, services, repairs,
or reconditions, | 6 |
| for hire, award, commission, or any other payment of
any
kind, | 7 |
| any commercial weighing or measuring device.
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| "Commercial weighing and measuring device" means any | 9 |
| weight or measure
or weighing or measuring device commercially | 10 |
| used or employed (i) in
establishing
size, quantity, extent, | 11 |
| area, or measurement of quantities, things, produce,
or | 12 |
| articles for distribution or consumption which are purchased, | 13 |
| offered,
or submitted for sale, hire, or award, or (ii) in | 14 |
| computing any basic
charge
or payment for services rendered, | 15 |
| except as otherwise excluded by Section
2 of this Act, and | 16 |
| shall also include any accessory attached to or used
in | 17 |
| connection with a commercial weighing or measuring device when | 18 |
| the
accessory is so designed or installed that its operation | 19 |
| affects, or may
affect, the accuracy of the device.
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| "Serviceperson" means any individual who sells, installs, | 21 |
| services,
repairs, or
reconditions, for hire, award, | 22 |
| commission, or any other payment of
kind,
a commercial weighing | 23 |
| or measuring device.
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| "Service agency" means any individual, agency, firm, | 25 |
| company, or corporation
that, for hire, award, commission, or | 26 |
| any other payment of
any kind, sells, installs,
services, |
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| repairs, or reconditions a commercial weighing or measuring | 2 |
| device.
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| "Special sealer" means any serviceperson who is allowed to | 4 |
| service only one
service agency's liquid petroleum meters or | 5 |
| liquid petroleum measuring
devices.
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| Each registered service agency and serviceperson shall | 7 |
| have report forms,
known as "Placed in Service Reports". These | 8 |
| forms shall be
executed in
triplicate, shall include the | 9 |
| assigned registration number (in the case
where a registered | 10 |
| serviceperson is representing a registered service
agency both | 11 |
| assigned registration numbers shall be included), and shall be
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| signed by a registered serviceperson or by a registered | 13 |
| serviceperson
representing a registered service agency for | 14 |
| each rejected or repaired
device restored to service and for | 15 |
| each newly installed device placed in
service.
Whenever a | 16 |
| registered serviceperson or special sealer places into service | 17 |
| a
weighing or
measuring device, there shall be affixed to the | 18 |
| device indicator a decal
provided by the Department that | 19 |
| indicates the device accuracy.
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| Within 5 days after a device is restored to service or | 21 |
| placed in service,
the original of a properly executed "Placed | 22 |
| in Service Report", together
with any official rejection tag or | 23 |
| seal removed from the device, shall be
mailed to the | 24 |
| Department. The duplicate copy of the report shall be handed
to | 25 |
| the owner or operator of the device and the triplicate copy of | 26 |
| the report
shall be retained by the service agency or |
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| serviceperson.
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| A registered service agency and a registered serviceperson | 3 |
| shall submit,
at least once every 2 years to the Department for | 4 |
| examination
and
certification, any standards and testing | 5 |
| equipment that are used, or are to
be used, in the performance | 6 |
| of the service and testing functions with
respect to weighing | 7 |
| and measuring devices for which competence is
registered. A | 8 |
| registered serviceperson or agency shall not use in
servicing | 9 |
| commercial weighing and measuring devices any standards or
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| testing equipment that have not been certified by the | 11 |
| Department.
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| When a serviceperson's or service agency's weights and | 13 |
| measures are carried
to a National Institute of Standards and | 14 |
| Technology approved
out-of-state weights and measures
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| laboratory for inspection and testing, the serviceperson
or | 16 |
| service agency
shall be responsible for providing the | 17 |
| Department a copy of the current
certification of all weights | 18 |
| and measures used in the repair, service, or
testing of | 19 |
| weighing or measuring devices within the State of Illinois.
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| All registered servicepersons placing into service
scales | 21 |
| in excess of
30,000 pounds shall have a minimum of 10,000 | 22 |
| pounds of State approved
certified test weights to accurately | 23 |
| test a scale.
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| Persons working as apprentices are not subject to | 25 |
| registration if they
work with and under the supervision of a | 26 |
| registered serviceperson.
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| The Director is authorized to promulgate, after public | 2 |
| hearing, rules
and regulations necessary to enforce the | 3 |
| provisions of this Section.
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| For good cause and after a hearing upon reasonable notice, | 5 |
| the Director
may deny any application for registration or any | 6 |
| application for renewal
of registration, or may revoke or | 7 |
| suspend the registration of any registrant.
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| The Director may publish from time to time as he deems | 9 |
| appropriate, and
may supply upon request, lists of registered | 10 |
| servicepersons and registered
service agencies.
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| All final administrative decisions of the Director under | 12 |
| this Section shall
be subject to judicial review under the | 13 |
| Administrative
Review Law. The term "administrative
decision"
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| is defined as in Section 1 of the Administrative Review Law.
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| (Source: P.A. 93-32, eff. 7-1-03.)
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| Section 10. The Illinois Egg and Egg Products Act is | 17 |
| amended by changing Sections 6, 9, 10, 14.2, 16, and 16.5 and | 18 |
| by adding Section 16.7 as follows:
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| (410 ILCS 615/6) (from Ch. 56 1/2, par. 55-6)
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| Sec. 6.
Candling; labeling; sales by producers; retail | 21 |
| sales; temperature
requirements. All eggs sold at retail or | 22 |
| purchased by institutional
consumers must be candled for | 23 |
| quality and graded for size.
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| A producer may sell on his own premises where eggs are |
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| produced,
direct to household consumers, for the consumer's | 2 |
| personal use and
that consumer's
non-paying guests, nest run | 3 |
| eggs
without candling
or grading those eggs.
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| All eggs designated for sale off the premises where the | 5 |
| entire flock is located,
such as at farmers' markets, and at | 6 |
| retail or for institutional use must be
candled and graded and
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| held in a place or room in which the temperature may not exceed | 8 |
| 45 degrees
Fahrenheit after processing. Nest run eggs shall be | 9 |
| held at 60 degrees
Fahrenheit or less at all times. During | 10 |
| transportation, the egg
temperature may not exceed 45 degrees | 11 |
| Fahrenheit.
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| Hatcheries buying eggs for hatching purposes from | 13 |
| producers under
contract may sell their surplus eggs to a | 14 |
| licensed packer or handler
provided that the hatchery shall | 15 |
| keep records which indicate the
number
of cases sold, the date | 16 |
| of sale and the name and address of the packer
or handler | 17 |
| making the purchase.
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| All eggs candled or candled and graded outside the State | 19 |
| must meet
Federal standards before they can be sold or offered | 20 |
| for sale in the
State. No eggs may be offered for sale for | 21 |
| consumer use after the original
30-day candling date.
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| Each container of eggs offered for sale or sold at | 23 |
| wholesale or retail
must be
labeled in accordance with the | 24 |
| standards established by the Department
showing grade, size, | 25 |
| packer identification, and candling date,
and must may be | 26 |
| labeled with an
expiration date, or other similar language as |
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| specified by USDA standards,
that is
not later than 30 days | 2 |
| from the candling date
for
grade A eggs and not later than 15 | 3 |
| days after the candling date for grade AA
eggs.
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| The grade and size of eggs must be conspicuously marked in | 5 |
| bold face
type on all consumer-size containers.
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| The size and height of lettering or numbering requirement | 7 |
| shall be
set by regulation and shall conform as near as | 8 |
| possible to those
required by Federal law.
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| All advertising of shell eggs for sale at retail for a | 10 |
| stated price
shall contain the grade and size of the eggs. The | 11 |
| information
contained in such advertising shall not be | 12 |
| misleading or deceptive.
In cases of food-borne disease | 13 |
| outbreaks in which eggs are identified as the
source of the | 14 |
| disease, all eggs from the flocks from which those
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| disease-causing eggs came shall be identified with a producer | 16 |
| identification or
flock code number to control the movement of | 17 |
| those eggs.
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| (Source: P.A. 92-677, eff. 7-16-02.)
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| (410 ILCS 615/9) (from Ch. 56 1/2, par. 55-9)
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| Sec. 9. Licenses; fees. The Department shall issue a | 21 |
| license to any
person upon
receipt and approval of a proper | 22 |
| application and the required fee. The
license fee and | 23 |
| classification of the license shall be established by
rule.
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| A license must be obtained for each separate business | 25 |
| location and
this license shall be posted in a conspicuous |
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| place at the
location for
which it was purchased. Licenses are | 2 |
| non-transferable.
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| The application for an initial license may be filed at any | 4 |
| time prior to
beginning business as an egg handler. The | 5 |
| licensing year for an egg license
shall be July 1 through June | 6 |
| 30. The egg license shall expire at the end of
the licensing | 7 |
| year.
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| A penalty of $50 shall be assessed for any renewal license | 9 |
| not renewed by July 1 of the year in which the license renewal | 10 |
| is due. This penalty shall be assessed in addition to the | 11 |
| license fee. | 12 |
| The application for renewal of a license shall be filed | 13 |
| with the Department
annually by May 1.
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| Any license that is in effect on the effective date of this | 15 |
| Act shall remain
in effect until the date of required renewal | 16 |
| as set forth in the Act.
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| (Source: P.A. 89-154, eff. 7-19-95.)
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| (410 ILCS 615/10) (from Ch. 56 1/2, par. 55-10)
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| Sec. 10. Inspection fee. The Director shall
set, by
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| regulation, a per case inspection fee which shall
cover
the | 21 |
| administrative and inspection costs of the program required by | 22 |
| the
Act. In no case shall the rate exceed 11˘ 6˘ per each 30 | 23 |
| dozen eggs or
fraction thereof.
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| The inspection fee as set shall be imposed upon eggs | 25 |
| bearing a
designated size and grade sold or offered for sale in |
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| Illinois. The first
handler in Illinois who packed and sold the | 2 |
| eggs must pay the prescribed
inspection fee on those eggs. If | 3 |
| eggs are shipped into Illinois, the
handler who invoiced the | 4 |
| eggs to Illinois must pay the fee. When
the
handler sells the | 5 |
| eggs,
the inspection fee shall be charged in addition to the | 6 |
| sale price of the eggs
and shall be remitted to the seller by | 7 |
| the purchaser.
Each sales
invoice shall indicate the amount of | 8 |
| inspection fee for the transaction.
Eggs sold and shipped out | 9 |
| of the State of Illinois by Illinois packers
are exempt from | 10 |
| the inspection fee.
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| The inspection fee shall be paid only once on the same | 12 |
| quantity
of
eggs so long as those eggs maintain their identity | 13 |
| by remaining in
their
original case, carton or package.
All | 14 |
| inspection fees shall be paid
into the "Agricultural Master | 15 |
| Fund" to the credit of a special account
designated as the | 16 |
| "Auxiliary Egg Inspection Fund". All amounts credited to
the
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| "Auxiliary Egg Inspection Fund" shall be used for the | 18 |
| enforcement of the
provisions of this Act. The method and | 19 |
| manner of collecting the inspection
fee levied, whether it be | 20 |
| by the use of stamps, monthly reporting and
collecting from | 21 |
| dealers or any other method shall be prescribed by the
Director | 22 |
| of Agriculture, pursuant to rules and regulations adopted for
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| this purpose as authorized under the provisions of this Act.
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| (Source: P.A. 92-677, eff. 7-16-02.)
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| (410 ILCS 615/14.2) (from Ch. 56 1/2, par. 55-14.2)
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| Sec. 14.2.
For the purpose of carrying out the provisions | 2 |
| of this Act
and the rules and regulations promulgated | 3 |
| thereunder, the Department through
its
authorized inspectors | 4 |
| or agents is empowered:
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| (a) To enter on any business day during the usual hours | 6 |
| of business,
any place or conveyance within the State where | 7 |
| eggs are produced, candled,
incubated, stored, packed, | 8 |
| delivered for shipment, loaded, shipped, transported
or | 9 |
| sold . ;
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| (b) To enter on any business day during the usual hours | 11 |
| of business,
with or without the presence of the owner, | 12 |
| manager, or other responsible
person,
any restaurant | 13 |
| kitchen or the kitchen and food storage area of any other
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| public eating place including but not limited to hotels, | 15 |
| boarding houses,
hospitals, nursing homes, government | 16 |
| institutions, or any other business
facility or place in | 17 |
| which eggs or egg products are stored, prepared, or
offered | 18 |
| as food for use by its patrons, residents, inmates, or | 19 |
| patients . ;
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| (c) To enter on any business day during the usual hours | 21 |
| of business
the cooking or food preparation area of any | 22 |
| bakery where eggs and egg products
are used in the | 23 |
| manufacture of bakery products, with or without the | 24 |
| presence
of the owner or persons employed as bakers, or to | 25 |
| enter at any time while
those bakery products are being | 26 |
| prepared.
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| (d) To sample any eggs or egg products for analysis or | 2 |
| testing. Sample
eggs
or egg products shall be furnished at | 3 |
| no cost to the Department.
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| (e) To inspect all invoices, eggs and egg products, and | 5 |
| the cases and
containers for eggs or egg products and the | 6 |
| equipment found in the places or
conveyances described in | 7 |
| paragraph (a) and to seize and hold as evidence an
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| advertisement, sign, placard, invoice, case or container | 9 |
| of eggs or egg
products, or all or any part of any pack, | 10 |
| load, lot, consignment, or shipment
of eggs or egg products | 11 |
| packed, stored, delivered for shipment, loaded,
shipped, | 12 |
| transported, or sold in violation of any provision of this | 13 |
| Act.
Possession of a commodity described in this Section by | 14 |
| any person engaged in
the sale of that commodity is prima | 15 |
| facie evidence that the commodity is for
sale.
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| (f) To seize and hold any case or container of eggs or | 17 |
| egg products from any person or business who is not | 18 |
| licensed under Section 8 of this Act and is required to be | 19 |
| licensed. | 20 |
| Possession of a commodity described in this Section by any | 21 |
| person engaged in the sale of that commodity is prima facie | 22 |
| evidence that the commodity is for sale. | 23 |
| (Source: P.A. 89-154, eff. 7-19-95.)
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| (410 ILCS 615/16) (from Ch. 56 1/2, par. 55-16)
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| Sec. 16.
Effective November 1, 1975, no person shall engage |
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| in the business
of removing eggs from their shells, in the | 2 |
| manufacture of or preparation of
frozen, liquid, desiccated or | 3 |
| any other forms of whole eggs, yolks, whites or
any mixture of | 4 |
| yolks and whites for food purposes, with or without the | 5 |
| addition
of any other wholesome ingredients, without first | 6 |
| obtaining an Egg Breaker's
License from the Department. The | 7 |
| Department shall inspect the establishment
and the equipment to | 8 |
| be used in the egg breaking establishment and shall
also | 9 |
| ascertain if the establishment complies in method, equipment | 10 |
| and the rules
and regulations in regard to sanitation, which | 11 |
| shall from time to time be
established by the Department to | 12 |
| govern these establishments. If, after such
inspection, it | 13 |
| appears that such establishment complies with the provisions of
| 14 |
| the rules and regulations in regard to sanitation governing egg | 15 |
| breaking
establishments, the Department shall issue an Egg | 16 |
| Breaker's License to the
establishment, upon payment of the | 17 |
| required fee. Beginning on November 1, 2010, the license year | 18 |
| shall begin on November 1 and expire on June 30, 2011. | 19 |
| Thereafter, the license year shall begin on July 1 of each | 20 |
| year, and all licenses shall expire on June 30 of the following | 21 |
| year. The license year shall begin
on November 1, of each year | 22 |
| and all licenses shall expire on October 31, of
each year. The | 23 |
| license fee shall be $200 for a year or fraction thereof.
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| All liquid, frozen or dried egg products sold or offered | 25 |
| for sale
shall be processed under continuous supervision of an | 26 |
| inspector of the
Department or the United States Department of |
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| Agriculture in an Official
Plant as specified in the Egg | 2 |
| Products Inspection Act.
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| (Source: P.A. 91-357, eff. 7-29-99.)
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| (410 ILCS 615/16.5)
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| Sec. 16.5. Violations; administrative monetary penalties. | 6 |
| The Director is
authorized to hold administrative hearings to | 7 |
| determine violations of this Act
or the Department's rules and | 8 |
| regulations adopted under this Act. After
finding that a | 9 |
| violation has occurred, the Director may impose administrative
| 10 |
| monetary penalties as follows:
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| (1) Against a licensee who sells or offers for sale | 12 |
| non-inspected frozen,
liquid, or dried egg products:
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| (A) $500 for a first violation.
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| (B) $1,000 for a second violation within 2 years | 15 |
| after the first
violation.
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| (C) $2,000 for a third or subsequent violation | 17 |
| within 2 years after the
immediately preceding | 18 |
| violation.
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| (2) Against a licensee who makes a false, deceptive, or | 20 |
| misleading
statement, representation, or assertion | 21 |
| concerning the quality, size, weight,
or condition of, or | 22 |
| any other matter relating to advertising and selling, eggs
| 23 |
| and egg products : , $200. | 24 |
| (A) $200 for a first violation.
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| (B) $500 for a second violation within 2 years |
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| after the first
violation. | 2 |
| (C) $1,000 for a third or subsequent violation | 3 |
| within 2 years after the
immediately preceding | 4 |
| violation.
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| (3) Against a licensee who furnishes an invoice, | 6 |
| statement, or bill
showing
a standard of size, standard of | 7 |
| quality, representation of freshness, or any
other | 8 |
| description of eggs or egg products that is false, | 9 |
| deceptive, or
misleading in any particular : , $200.
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| (A) $200 for a first violation.
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| (B) $500 for a second violation within 2 years | 12 |
| after the first
violation. | 13 |
| (C) $1,000 for a third or subsequent violation | 14 |
| within 2 years after the
immediately preceding | 15 |
| violation.
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| (4) Against any person who resists, hinders, | 17 |
| obstructs, or in any way
interferes with any officer, | 18 |
| inspector, or employee of the Department in the
discharge | 19 |
| of his or her duties under the provisions of this Act, | 20 |
| $300.
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| (5) Against any person who buys, sells, trades, or | 22 |
| barters eggs in this
State without having obtained a | 23 |
| license, $300.
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| (6) For all other violations:
| 25 |
| (A) $200 $100 for a first violation.
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| (B) $400 $200 for a second violation within 2 years |
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| after the first
violation.
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| (C) $600 $400 for a third or subsequent violation | 3 |
| within 2 years after the
immediately preceding | 4 |
| violation.
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| A penalty not paid within 60 days after it is due may be | 6 |
| submitted to the Attorney General's office or an approved | 7 |
| private collection agency for collection. | 8 |
| (Source: P.A. 89-154, eff. 7-19-95.)
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| (410 ILCS 615/16.7 new) | 10 |
| Sec. 16.7. Suspension and revocation of license. | 11 |
| (a) The Director may suspend a license if the Department | 12 |
| has reason to believe that any one or more of the following has | 13 |
| occurred: | 14 |
| (1) A licensee has made a material misstatement in an | 15 |
| application for an original or renewal license under this | 16 |
| Act. | 17 |
| (2) A licensee has violated this Act or any rules | 18 |
| adopted under this Act, and the violation or pattern of | 19 |
| violations indicates a danger to public health. | 20 |
| (3) A licensee has aided or abetted another in the | 21 |
| violation of this Act or any rule adopted under this Act, | 22 |
| and the violation or pattern of violations indicates a | 23 |
| danger to public health. | 24 |
| (4) A licensee has allowed his or her license to be | 25 |
| used by an unlicensed person. |
|
|
|
HB4866 Enrolled |
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LRB096 16632 JDS 31908 b |
|
| 1 |
| (5) A licensee has been convicted of a felony violation | 2 |
| of this Act or any crime an essential element of which is | 3 |
| misstatement, fraud, or dishonesty. | 4 |
| (6) A licensee has made a false, deceptive, or | 5 |
| misleading statement, representation, or assertion | 6 |
| concerning the quality, size, weight, or condition of, or | 7 |
| any other matter relating to advertising and selling of, | 8 |
| eggs and egg products. | 9 |
| (7) A licensee has failed to possess the necessary | 10 |
| qualifications or to meet the requirements of this Act for | 11 |
| the issuance or holding of a license. | 12 |
| (b) Within 10 days after suspending a person's license, the | 13 |
| Department must commence an administrative hearing to | 14 |
| determine whether to reinstate or revoke the license. After the | 15 |
| Department schedules the administrative hearing, but no later | 16 |
| than 5 days before the scheduled hearing date, the Department | 17 |
| shall serve on the licensee written notice of the date, place, | 18 |
| and time of the hearing. The Department may serve this notice | 19 |
| by personal service on the licensee or by registered or | 20 |
| certified mail, return receipt requested, to the licensee's | 21 |
| place of business. After the hearing, the Director shall issue | 22 |
| an order either reinstating or revoking the license. | 23 |
| Section 15. The Illinois Pesticide Act is amended by | 24 |
| changing Sections 6, 11, 11.1, and 12 and by adding Section | 25 |
| 13.3 as follows:
|
|
|
|
HB4866 Enrolled |
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LRB096 16632 JDS 31908 b |
|
| 1 |
| (415 ILCS 60/6) (from Ch. 5, par. 806)
| 2 |
| Sec. 6. Registration.
| 3 |
| 1. Every pesticide which is distributed, sold,
offered for | 4 |
| sale within this State, delivered for transportation or
| 5 |
| transported in interstate commerce or between points within the | 6 |
| State
through any point outside the State, shall be registered | 7 |
| with the Director
or his designated agent, subject to | 8 |
| provisions of this Act. Such
registration shall be for a period | 9 |
| determined under item 1.5 of this Section and shall expire on | 10 |
| December 31st be renewed annually with registrations expiring | 11 |
| December
31 each year . Registration is not required if a | 12 |
| pesticide is shipped from
one plant or warehouse to another | 13 |
| plant or warehouse by the same person and
is used solely at | 14 |
| such plant or warehouse as a constituent part to make a
| 15 |
| pesticide which is registered under provisions of this Act and | 16 |
| FIFRA.
| 17 |
| 1.5. In order to stagger product registrations, the | 18 |
| Department shall, for the 2011 registration year, register half | 19 |
| of the applicants and their products for one year and the other | 20 |
| half for 2 years. Thereafter, a business registration and | 21 |
| product registration shall be for 2 years. | 22 |
| 2. Registration applicant shall file a statement with the | 23 |
| Director which
shall include:
| 24 |
| A. The name and address of the applicant and the name | 25 |
| and address of the
person whose name will appear on the |
|
|
|
HB4866 Enrolled |
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LRB096 16632 JDS 31908 b |
|
| 1 |
| label if different from the applicant's.
| 2 |
| B. The name of the pesticide.
| 3 |
| C. A copy of the labeling accompanying the pesticide | 4 |
| under customary conditions
of distribution, sale and use, | 5 |
| including ingredient statement, direction
for use, use | 6 |
| classification, and precautionary or warning statements.
| 7 |
| 3. The Director may require the submission of complete | 8 |
| formula data.
| 9 |
| 4. The Director may require a full description of tests | 10 |
| made and the results
thereof, upon which the claims are based, | 11 |
| for any pesticide not registered
pursuant to FIFRA, or on any | 12 |
| pesticide under consideration
to be classified for restricted | 13 |
| use.
| 14 |
| A. The Director will not consider data he required of | 15 |
| the initial
registrant of a pesticide in support of another | 16 |
| applicants' registration
unless the subsequent applicant | 17 |
| has obtained written permission to use such data.
| 18 |
| B. In the case of renewal registration, the Director | 19 |
| may accept a
statement only with respect to information | 20 |
| which is different from that
furnished previously.
| 21 |
| 5. The Director may prescribe other requirements to support | 22 |
| a pesticide
registration by regulation.
| 23 |
| 6. For the years preceding the year 2004, any registrant | 24 |
| desiring to
register a pesticide product at any
time during one | 25 |
| year shall pay the annual registration fee of
$100 per product | 26 |
| registered for that applicant.
For the years 2004 through 2010 |
|
|
|
HB4866 Enrolled |
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LRB096 16632 JDS 31908 b |
|
| 1 |
| and thereafter , the annual product registration
fee is $200 per | 2 |
| product. For the years 2011 and thereafter, the product | 3 |
| registration fee shall be $300 per product per year and shall | 4 |
| be paid at the time of registration.
| 5 |
| In addition, for the years preceding the year 2004 any | 6 |
| business
registering a pesticide product at any time
during one | 7 |
| year shall pay the annual business registration
fee of $250. | 8 |
| For the years 2004 through 2010 and thereafter , the annual | 9 |
| business
registration fee shall be $400. For the years 2011 and | 10 |
| thereafter, the business registration fee shall be $400 per | 11 |
| year and shall be paid at the time of registration. Each legal | 12 |
| entity of the business
shall pay
the
annual business | 13 |
| registration fee.
| 14 |
| For the years preceding the year 2004, any applicant | 15 |
| requesting an
experimental use permit shall pay the annual
fee | 16 |
| of $100 per permit and all special local need
pesticide
| 17 |
| registration
applicants shall pay an annual fee of $100 per | 18 |
| product. For the
years 2004 through 2010 and thereafter , the | 19 |
| annual
experimental use permit fee and special local need | 20 |
| pesticide registration fee
is $200 per permit. For the years | 21 |
| 2011 and thereafter, the annual experimental use permit and | 22 |
| special local need pesticide registration fee shall be $300 per | 23 |
| product. Subsequent
SLN
registrations for a pesticide already | 24 |
| registered shall be exempted from the
registration fee.
| 25 |
| A. All registration accepted and approved by the | 26 |
| Director shall expire
on the 31st day of December in any |
|
|
|
HB4866 Enrolled |
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LRB096 16632 JDS 31908 b |
|
| 1 |
| one year unless cancelled.
Registration for a special local | 2 |
| need may be granted for a specific
period of time with the | 3 |
| approval date and expiration date specified.
| 4 |
| B. If a registration for special local need granted by | 5 |
| the Director does
not receive approval of the Administrator | 6 |
| of USEPA, the registration shall
expire on the date of the | 7 |
| Administrator's disapproval.
| 8 |
| 7. Registrations approved and accepted by the Director and | 9 |
| in effect on
the 31st day of December, for which renewal | 10 |
| application is made, shall continue
in full force and effect | 11 |
| until the Director notifies the registrant that
the renewal has | 12 |
| been approved and accepted or the registration is denied
under | 13 |
| this Act. Renewal registration forms will be provided to | 14 |
| applicants
by the Director.
| 15 |
| 8. If the renewal of a pesticide registration is not filed | 16 |
| within 30
days of the date of expiration, a penalty late | 17 |
| registration assessment of
$400 $300 per product shall apply in | 18 |
| lieu of the normal annual product
registration fee. The late | 19 |
| registration assessment shall not
apply if the applicant | 20 |
| furnishes an affidavit certifying that no
unregulated | 21 |
| pesticide was distributed or sold during the period of
| 22 |
| registration. The late assessment is not a bar to prosecution | 23 |
| for doing
business without proper registry.
| 24 |
| 9. The Director may prescribe by regulation to allow | 25 |
| pesticide use for
a special local need, pursuant to FIFRA.
| 26 |
| 10. The Director may prescribe by regulation the provisions |
|
|
|
HB4866 Enrolled |
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LRB096 16632 JDS 31908 b |
|
| 1 |
| for and
requirements of registering a pesticide intended for | 2 |
| experimental use.
| 3 |
| 11. The Director shall not make any lack of essentiality a | 4 |
| criterion for
denial of registration of any pesticide. Where 2 | 5 |
| pesticides meet the
requirements, one should not be registered | 6 |
| in preference to the other.
| 7 |
| 12. It shall be the duty of the pesticide registrant to | 8 |
| properly
dispose of any pesticide the registration of which has | 9 |
| been suspended,
revoked or cancelled or which is otherwise not | 10 |
| properly registered
in the State.
| 11 |
| (Source: P.A. 93-32, eff. 7-1-03.)
| 12 |
| (415 ILCS 60/11) (from Ch. 5, par. 811)
| 13 |
| Sec. 11. Certified Pesticide Applicators. No person shall | 14 |
| use or supervise
the use of pesticides classified for | 15 |
| restricted use without a license
issued by the Director. | 16 |
| Persons licensed or desiring to be licensed as
certified | 17 |
| pesticide applicators shall comply with the certification
| 18 |
| requirements as set forth in Section 9 of this Act in order to | 19 |
| protect
public health and the environment, including injury to | 20 |
| the applicator or
other persons using these pesticides.
| 21 |
| An applicant for certification as a private pesticide | 22 |
| applicator shall
meet qualification requirements prescribed by | 23 |
| regulation. The application
for certification shall be made in | 24 |
| writing to the Director, on forms available
from the Director | 25 |
| or the local county agricultural extension adviser's
office and |
|
|
|
HB4866 Enrolled |
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LRB096 16632 JDS 31908 b |
|
| 1 |
| be accompanied by payment of a $10 license fee in the years
| 2 |
| preceding the year 2001. During the years
2001, 2002, 2003, | 3 |
| 2004, 2005, and 2006, the private pesticide applicator
license | 4 |
| fee shall be $15. During the years 2007 through 2010 and | 5 |
| thereafter , the private
pesticide applicator license fee shall | 6 |
| be $20. For the years 2011 and thereafter, the private | 7 |
| pesticide applicator license fee shall be $30. A
private
| 8 |
| pesticide applicator shall be assessed a fee of $5 for a | 9 |
| duplicate license.
Such application shall include:
| 10 |
| A. The full name of the applicant.
| 11 |
| B. The mailing address of the applicant.
| 12 |
| C. The documents required as evidence
of competence and | 13 |
| knowledge regarding the use of pesticides.
| 14 |
| Certification, as a private pesticide applicator, issued | 15 |
| by the
Director shall be valid for a period prescribed by | 16 |
| regulation. The Director
shall develop regulatory standards to | 17 |
| ensure that certified private pesticide
applicators continue | 18 |
| to meet the requirements of a changing technology and
assure a | 19 |
| continued level of competence and ability.
| 20 |
| (Source: P.A. 90-205, eff. 1-1-98.)
| 21 |
| (415 ILCS 60/11.1) (from Ch. 5, par. 811.1)
| 22 |
| Sec. 11.1. Public and Commercial Not-for-Hire License. No | 23 |
| public or
commercial not-for-hire applicator shall use or | 24 |
| supervise the use of any
pesticide without a license issued by | 25 |
| the Director.
For the years 2011 and thereafter, the public or |
|
|
|
HB4866 Enrolled |
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LRB096 16632 JDS 31908 b |
|
| 1 |
| commercial not-for-hire pesticide applicator license fee shall | 2 |
| be $20. The late application fee for a public or commercial | 3 |
| not-for-hire applicator
license shall be $20 in addition to the | 4 |
| normal license fees . A public or commercial not-for-hire | 5 |
| applicator shall be assessed
a fee of $5 for a duplicate | 6 |
| license.
| 7 |
| 1. Application for certification as a commercial | 8 |
| not-for-hire pesticide
applicator shall be made in writing on | 9 |
| designated forms available from the
Director. Each application | 10 |
| shall contain information regarding the
qualifications
of the | 11 |
| applicant, classification of certification being sought, and | 12 |
| shall
include the following:
| 13 |
| A. The full name of the applicant.
| 14 |
| B. The name of the applicant's employer.
| 15 |
| C. The address at the applicant's place of employment.
| 16 |
| D. Any other information prescribed by the Director on | 17 |
| the designated
form.
| 18 |
| 2. The Director shall not issue a certification to a | 19 |
| commercial not-for-hire
pesticide applicator until the | 20 |
| individual identified has demonstrated his
competence and | 21 |
| knowledge regarding pesticide use in accordance with
Section 9 | 22 |
| of this Act.
| 23 |
| 3. The Director shall not renew a certification as a | 24 |
| commercial not-for-hire
pesticide applicator until the | 25 |
| applicant
reestablishes his qualifications in accordance
with | 26 |
| Section 9 of this Act
or has met other requirements imposed by |
|
|
|
HB4866 Enrolled |
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LRB096 16632 JDS 31908 b |
|
| 1 |
| regulation in order to ensure that
the applicant meets the | 2 |
| requirements of changing technology and to assure
a continued | 3 |
| level of competence and ability.
| 4 |
| 4. Application for certification as a public pesticide | 5 |
| applicator shall
be made in writing on designated forms | 6 |
| available from the Director. Each
application shall contain | 7 |
| information regarding qualifications of applicant,
| 8 |
| classification of certification being sought, and shall | 9 |
| include the following:
| 10 |
| A. The full name of the applicant.
| 11 |
| B. The name of the applicant's employer.
| 12 |
| C. Any other information prescribed by the Director on | 13 |
| the designated
form.
| 14 |
| 5. The Director shall not issue a certificate to a public | 15 |
| pesticide
applicator
until the individual identified has | 16 |
| demonstrated his competence and knowledge
regarding pesticide | 17 |
| use in accordance with Section 9 of this Act.
| 18 |
| 6. The Director shall not renew a certification as a public
| 19 |
| pesticide applicator
until the applicant reestablishes his
| 20 |
| qualifications in accordance with Section 9 of this Act or has | 21 |
| met other
requirements imposed by regulation in order to ensure | 22 |
| that the applicant
meets the requirements of changing | 23 |
| technology and to assure a continued
level of competence and | 24 |
| ability.
| 25 |
| 7. Persons applying general use pesticides, approved by the
| 26 |
| Inter-Agency Committee on the Use of Pesticides, to scrap tires |
|
|
|
HB4866 Enrolled |
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LRB096 16632 JDS 31908 b |
|
| 1 |
| for the
control of mosquitoes shall be exempt from the license | 2 |
| requirements of this
Section.
| 3 |
| (Source: P.A. 90-205, eff. 1-1-98.)
| 4 |
| (415 ILCS 60/12) (from Ch. 5, par. 812)
| 5 |
| Sec. 12. Licensed Operator. No pesticide operator shall use | 6 |
| any pesticides
without a pesticide operator license issued by | 7 |
| the Director.
| 8 |
| 1. Application for an operator license shall be made in | 9 |
| writing on
designated
forms available from the Director. Each | 10 |
| application shall contain information
regarding the nature of | 11 |
| applicants pesticide use, his qualifications, and
such other | 12 |
| facts as prescribed on the form. The application shall also
| 13 |
| include the following:
| 14 |
| A. The full name of applicant.
| 15 |
| B. The address of the applicant.
| 16 |
| C. The name of and license/certification number of the | 17 |
| pesticide
applicator
under whom the applicant will work.
| 18 |
| 2. The Director shall not issue a pesticide operator | 19 |
| license until the
individual identified has demonstrated his | 20 |
| competence and knowledge regarding
pesticide use in accordance | 21 |
| with Section 9 of this Act.
| 22 |
| 3. The Director shall not issue an operator license to any | 23 |
| person who
is unable to provide the name and | 24 |
| license/certification number of an applicator
under whom the | 25 |
| operator will work.
|
|
|
|
HB4866 Enrolled |
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LRB096 16632 JDS 31908 b |
|
| 1 |
| 4. For the years preceding the year 2001, a licensed | 2 |
| commercial operator working
for or under the supervision of a | 3 |
| certified
licensed commercial pesticide applicator shall pay | 4 |
| an annual fee of $25.
For the years 2001, 2002, and 2003, the | 5 |
| annual fee for a commercial operator
license is $30. For the | 6 |
| years 2004, 2005, and 2006, the annual fee for a
commercial | 7 |
| operator license is $35. For the years 2007 and thereafter, the
| 8 |
| annual fee for a commercial operator license is $40.
The late | 9 |
| application fee for an operator license shall be $20 in
| 10 |
| addition to the normal license fee. A licensed operator shall | 11 |
| be assessed a
fee of $5 for a duplicate license.
| 12 |
| 5. For the years 2011 and thereafter, the public or | 13 |
| commercial not-for-hire pesticide operator license fee shall | 14 |
| be $15. The late application fee for a public or commercial | 15 |
| not-for-hire applicator license shall be $20 in addition to the | 16 |
| normal license fees. A public or commercial not-for-hire | 17 |
| operator shall be assessed a fee of $5 for a duplicate license. | 18 |
| (Source: P.A. 89-94, eff. 7-6-95; 90-205, eff. 1-1-98.)
| 19 |
| (415 ILCS 60/13.3 new) | 20 |
| Sec. 13.3. Agrichemical facility containment permits. An | 21 |
| agrichemical containment permit issued by the Department shall | 22 |
| be obtained for each existing and new agrichemical facility and | 23 |
| non-commercial agrichemical facility as defined by rules | 24 |
| promulgated by the Department. A permit fee of $100 shall be | 25 |
| submitted to the Department with each permit application or |
|
|
|
HB4866 Enrolled |
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LRB096 16632 JDS 31908 b |
|
| 1 |
| permit renewal application. All moneys collected under this | 2 |
| Section must be deposited into the Pesticide Control Fund. | 3 |
| Section 20. The Lawn Care Products Application and Notice | 4 |
| Act is amended by changing Section 5 as follows:
| 5 |
| (415 ILCS 65/5) (from Ch. 5, par. 855)
| 6 |
| Sec. 5. Containment of spills, wash water, and rinsate | 7 |
| collection.
| 8 |
| (a) No loading of lawn care products for distribution to a | 9 |
| customer or
washing or rinsing of pesticide residues from | 10 |
| vehicles,
application equipment, mixing equipment, floors or | 11 |
| other items used for the
storage, handling, preparation for | 12 |
| use, transport, or application of
pesticides to lawns shall be | 13 |
| performed at a facility except in designated
containment areas | 14 |
| in accordance with the requirements of this
Section.
A lawn | 15 |
| care containment permit, issued by the Department, shall be
| 16 |
| obtained prior to the operation of the containment area. The
| 17 |
| Department shall issue a lawn care containment permit when the | 18 |
| containment
area or facility complies with the provisions of | 19 |
| this Section and the rules
and regulations adopted under | 20 |
| Sections 5 and 6. A permit fee of $100 shall be submitted to | 21 |
| the Department with each permit application or permit renewal
| 22 |
| application. All moneys collected pursuant to this Section
| 23 |
| shall be deposited into the Pesticide Control Fund.
| 24 |
| (b) No later than January 1, 1993, containment areas
shall |
|
|
|
HB4866 Enrolled |
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LRB096 16632 JDS 31908 b |
|
| 1 |
| be
in use in any facility as defined in this Act and no wash | 2 |
| water or rinsates
may be released into the environment except | 3 |
| in accordance with applicable
law. Containment areas shall | 4 |
| include the following
requirements:
| 5 |
| (1) The containment area shall be constructed of | 6 |
| concrete,
asphalt or
other impervious materials which | 7 |
| include, but are not limited to,
polyethylene containment | 8 |
| pans and synthetic membrane liners. All containment
area | 9 |
| materials shall be compatible with the lawncare products to | 10 |
| be
contained.
| 11 |
| (2) The containment area shall be designed to capture | 12 |
| spills,
washwaters,
and rinsates generated in the loading | 13 |
| of application devices, the lawncare
product-related | 14 |
| servicing
of vehicles, and the triple rinsing of pesticide
| 15 |
| containers and to prevent the release of such spills, | 16 |
| washwaters, or
rinsates
to the environment other than as | 17 |
| described in paragraph (3) of this subsection
(b).
| 18 |
| (3) Spills, washwaters, and rinsates captured in the
| 19 |
| containment area may
be used in accordance with the label | 20 |
| rates of the lawncare products,
reused as makeup water for | 21 |
| dilution of pesticides in preparation of
application, or | 22 |
| disposed in accordance with applicable local, State and
| 23 |
| federal regulations.
| 24 |
| (c) The requirements of this Section shall not apply to | 25 |
| situations
constituting an emergency where washing or rinsing | 26 |
| of pesticide residues
from equipment or other items is |
|
|
|
HB4866 Enrolled |
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LRB096 16632 JDS 31908 b |
|
| 1 |
| necessary to prevent imminent harm to human
health or the | 2 |
| environment.
| 3 |
| (d) The requirements of this Section shall not apply to | 4 |
| persons subject
to the containment requirements of the Illinois | 5 |
| Pesticide Act or the
Illinois Fertilizer Act of 1961
and any | 6 |
| rules or regulations adopted thereunder.
| 7 |
| (Source: P.A. 92-113, eff. 7-20-01.)
| 8 |
| Section 25. The Illinois Commercial Feed Act of 1961 is | 9 |
| amended by changing Sections 4 and 6 as follows:
| 10 |
| (505 ILCS 30/4) (from Ch. 56 1/2, par. 66.4)
| 11 |
| Sec. 4. Product Registration and Firm License.
| 12 |
| (a) No person who manufactures feed in this State or whose | 13 |
| name appears
on the label shall distribute a commercial feed | 14 |
| unless the person has
secured a license under this Act on forms | 15 |
| provided by the Department which
identify the name and address | 16 |
| of the firm and the location of each
manufacturing facility of | 17 |
| that firm within this State. An
application for the license | 18 |
| shall be accompanied by a fee of $30 $25 for each
year or any | 19 |
| portion thereof. All firm licenses shall expire December
31 of | 20 |
| each year. Each commercial feed shall be registered before | 21 |
| being
distributed in this State, provided, however, that | 22 |
| customer-formula feeds
are exempt from registration. The | 23 |
| application for registration shall be
submitted to the Director | 24 |
| on forms furnished or acceptable to the Director.
The |
|
|
|
HB4866 Enrolled |
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LRB096 16632 JDS 31908 b |
|
| 1 |
| registration shall be accompanied by a label and such other | 2 |
| information
as the Director may require describing the product. | 3 |
| All registrations are
permanent unless amended or cancelled by | 4 |
| the registrant.
| 5 |
| (b) A distributor shall not be required to register any
| 6 |
| product which is already registered under this Act by another
| 7 |
| person, unless the product has been repackaged or relabelled.
| 8 |
| (c) Changes in the guarantee of either chemical or | 9 |
| ingredient
composition of a registered product may be permitted | 10 |
| provided that such
changes would not result in a lowering of | 11 |
| the feeding value of the product
for the purpose for which | 12 |
| designed.
| 13 |
| (d) The Director is empowered to refuse a product
| 14 |
| registration or a firm license not in compliance with the | 15 |
| provisions of
this Act and to suspend or revoke any product | 16 |
| registration or firm license
subsequently found not to be in | 17 |
| compliance with any provision of this Act;
provided, however, | 18 |
| that no product registration or firm license shall be
refused | 19 |
| or revoked until an opportunity has been afforded the | 20 |
| respondent to
be heard before the Director.
| 21 |
| (Source: P.A. 87-664.)
| 22 |
| (505 ILCS 30/6) (from Ch. 56 1/2, par. 66.6)
| 23 |
| Sec. 6. Inspection fees and reports.
| 24 |
| (a) An inspection fee at the rate of 30 20 cents per ton | 25 |
| shall be
paid to
the Director on commercial feed distributed in |
|
|
|
HB4866 Enrolled |
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LRB096 16632 JDS 31908 b |
|
| 1 |
| this State by the person who
first distributes the commercial | 2 |
| feed subject to the following:
| 3 |
| (1) The inspection fee is not required on the first | 4 |
| distribution, if
made to an Exempt Buyer, who with approval | 5 |
| from the Director, will become
responsible for the fee.
| 6 |
| (2) Customer-formula feeds are hereby exempted if the | 7 |
| inspection fee is
paid on the commercial feeds which they | 8 |
| contain.
| 9 |
| (3) A fee shall not be paid on a commercial feed if the | 10 |
| payment has been
made by a previous distributor.
| 11 |
| (4) In the case of pet food and specialty pet food | 12 |
| which are distributed
in the State in packages of 10 pounds | 13 |
| or less, an annual fee of $90 $75
shall be paid in lieu of | 14 |
| an inspection fee. The inspection fee required by
| 15 |
| subsection (a) shall apply to pet food and specialty pet | 16 |
| food distribution
in packages exceeding 10 pounds. All fees | 17 |
| collected pursuant to this
Section shall be paid into the | 18 |
| Feed Control Fund in the State Treasury.
| 19 |
| (b) The minimum inspection fee shall be $25 every 6 months.
| 20 |
| (c) Each person who is liable for the payment of the | 21 |
| inspection fee shall:
| 22 |
| (1) File, not later than the last day of January and | 23 |
| July of each year,
a statement setting forth the number of | 24 |
| net tons of
commercial feeds distributed in this State | 25 |
| during the preceding calendar
6 months period; and upon | 26 |
| filing such statement shall pay the inspection
fee at the |
|
|
|
HB4866 Enrolled |
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LRB096 16632 JDS 31908 b |
|
| 1 |
| rate stated in paragraph (a) of this Section. This report
| 2 |
| shall be made on a summary form provided by the Director or | 3 |
| on other forms
as approved by the Director. If the tonnage | 4 |
| report is not filed and the
inspection fee is not paid | 5 |
| within 15 days after the end of the filing date
a | 6 |
| collection fee amounting to 10% of the inspection fee that | 7 |
| is due
or $50 whichever is greater, shall be assessed | 8 |
| against the person who is
liable for the payment of the | 9 |
| inspection fee in addition to the
inspection fee that is | 10 |
| due.
| 11 |
| (2) Keep such records as may be necessary or required | 12 |
| by the Director to
indicate accurately the tonnage of | 13 |
| commercial feed distributed in this
State, and the Director | 14 |
| shall have the right to examine such records to
verify | 15 |
| statements of tonnage. Failure to make an accurate | 16 |
| statement of
tonnage or to pay the inspection fee or comply | 17 |
| as provided herein shall
constitute sufficient cause for | 18 |
| the cancellation of all registrations
or firm licenses on | 19 |
| file for the manufacturer or distributor.
| 20 |
| (Source: P.A. 93-32, eff. 7-1-03.)
| 21 |
| Section 30. The Animal Disease Laboratories Act is amended | 22 |
| by changing Section 1 as follows:
| 23 |
| (510 ILCS 10/1) (from Ch. 8, par. 105.11)
| 24 |
| Sec. 1. Laboratory services.
|
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| (a) The Department of Agriculture is authorized to | 2 |
| establish such
additional number of animal disease | 3 |
| laboratories, not exceeding five, as may be
necessary to serve | 4 |
| the livestock and poultry industry of the State.
| 5 |
| (b) Such laboratories each shall be in charge of a licensed
| 6 |
| veterinarian, who in addition to making serological blood | 7 |
| tests, shall be
competent to make diagnoses of such cases of | 8 |
| livestock and poultry diseases as
may be submitted to such | 9 |
| laboratories.
| 10 |
| (c) The Department may enter into an arrangement with the | 11 |
| College of
Veterinary Medicine of the University of Illinois | 12 |
| whereby any cases
submitted to such laboratories which are not | 13 |
| susceptible of diagnosis in
the field or by common laboratory | 14 |
| procedure, or upon which research is
required, may be submitted | 15 |
| to such College of Veterinary Medicine for
diagnosis or | 16 |
| research.
| 17 |
| (d) The Department may establish and collect reasonable | 18 |
| fees for diagnostic
services performed by such animal disease | 19 |
| laboratories. However, no fees
may be collected for diagnostic | 20 |
| tests required by Illinois law.
| 21 |
| (e) The Department may establish and collect reasonable | 22 |
| fees for providing
analyses of research samples, out-of-state | 23 |
| samples, non-agricultural
samples, and survey project
samples. | 24 |
| These samples shall be defined by rule. The fees shall be
| 25 |
| deposited into the Illinois Department of
Agriculture | 26 |
| Laboratory Services Revolving Fund. The fees collected shall |
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| not
exceed the Department's actual cost to provide these | 2 |
| services.
| 3 |
| (f) Moneys collected under subsection (e) shall be | 4 |
| appropriated from the
Illinois Department of Agriculture | 5 |
| Laboratory Services Revolving Fund
solely for the purposes of | 6 |
| (1) testing specimens submitted in support of
Department | 7 |
| programs established for animal health, welfare, and safety, | 8 |
| and the
protection of Illinois consumers of Illinois | 9 |
| agricultural
products, and (2) testing specimens submitted by | 10 |
| veterinarians and agency
personnel to determine whether | 11 |
| chemically hazardous or biologically
infectious substances or | 12 |
| other disease causing conditions are present.
| 13 |
| (g) The Director may issue rules, consistent with the | 14 |
| provisions of this
Act, for the administration and enforcement | 15 |
| of this Act. These rules shall be
approved by the Advisory | 16 |
| Board of Livestock Commissioners.
| 17 |
| (Source: P.A. 90-403, eff. 1-1-98.)
| 18 |
| Section 35. The Livestock Management Facilities Act is | 19 |
| amended by changing Section 30 as follows:
| 20 |
| (510 ILCS 77/30)
| 21 |
| Sec. 30. Certified Livestock Manager. The Department shall | 22 |
| establish a Certified Livestock Manager program in
conjunction | 23 |
| with the livestock industry that will enhance management skills | 24 |
| in
critical areas, such as environmental awareness, safety |
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| concerns, odor control
techniques and technology, neighbor | 2 |
| awareness, current best management
practices, and the | 3 |
| developing and implementing of manure management plans.
| 4 |
| (a) Applicability.
A livestock waste handling facility | 5 |
| serving 300 or greater animal
units shall be operated only | 6 |
| under the supervision of a certified livestock
manager. Not | 7 |
| withstanding the before-stated provision, a livestock waste
| 8 |
| handling facility may be operated on an interim basis,
but not | 9 |
| to exceed 6 months, to allow for the owner or operator of the | 10 |
| facility
to become certified.
| 11 |
| (b) A certification program shall include the following:
| 12 |
| (1) A general working knowledge of best management | 13 |
| practices.
| 14 |
| (2) A general working knowledge of livestock waste | 15 |
| handling
practices and procedures.
| 16 |
| (3) A general working knowledge of livestock | 17 |
| management
operations and related safety issues.
| 18 |
| (4) An awareness and understanding of the | 19 |
| responsibility of the
owner or operator for all employees | 20 |
| who may be involved with waste handling.
| 21 |
| (c) Any certification issued shall be valid for 3 years and | 22 |
| thereafter
be subject to renewal. A renewal shall be valid for | 23 |
| a 3 year period and the
procedures set forth in this Section | 24 |
| shall be followed. The Department may
require anyone who is | 25 |
| certified to be
recertified in less than 3 years for just cause | 26 |
| including but not limited to
repeated complaints where |
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| investigations reveal the need to improve management
| 2 |
| practices.
| 3 |
| (d) Methods for obtaining certified livestock manager | 4 |
| status.
| 5 |
| (1) The owner or operator of a livestock waste handling | 6 |
| facility
serving 300 or greater animal units but less than | 7 |
| 1,000 animal units shall
become a certified livestock | 8 |
| manager by:
| 9 |
| (A) attending a training session conducted by the
| 10 |
| Department of Agriculture, Cooperative Extension | 11 |
| Service, or any agriculture
association, which has | 12 |
| been approved by or is in cooperation with the
| 13 |
| Department; or
| 14 |
| (B) in lieu of attendance at a training session,
| 15 |
| successfully completing a written competency | 16 |
| examination.
| 17 |
| (2) The owner or operator of a livestock waste handling | 18 |
| facility
serving 1,000 or greater animal units shall become | 19 |
| a certified livestock
manager by attending a training | 20 |
| session conducted by the Department of
Agriculture, | 21 |
| Cooperative Extension Service, or any agriculture | 22 |
| association,
which has been approved by or is in | 23 |
| cooperation with the Department and
successfully | 24 |
| completing a written competency examination.
| 25 |
| (e) The certified livestock manager certificate shall be | 26 |
| issued by the
Department and shall indicate that the person |
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| named on the certificate is
certified as a livestock management | 2 |
| facility manager, the dates of
certification, and when renewal | 3 |
| is due.
| 4 |
| (f) For the years prior to 2011, the The Department shall | 5 |
| charge $10 for the issuance or renewal of a
certified
livestock | 6 |
| manager certificate.
For the years 2011 and thereafter, the | 7 |
| Department shall charge $30 for the issuance or renewal of a | 8 |
| certified livestock manager certificate. The Department may, | 9 |
| by rule, establish fees to cover the costs of materials and
| 10 |
| training for training sessions given by the Department.
| 11 |
| (g) The owner or operator of a livestock waste handling | 12 |
| facility operating
in violation of the provisions of subsection
| 13 |
| (a) of this Section shall be issued a warning letter for the | 14 |
| first violation
and
shall be required to have a certified | 15 |
| manager for the livestock waste handling
facility within 30 | 16 |
| working days. For failure to comply with the warning
letter | 17 |
| within the 30 day period, the person shall
be fined an | 18 |
| administrative penalty of up to
$1,000 by the Department and | 19 |
| shall be required to enter into an
agreement to have
a | 20 |
| certified manager for the livestock waste handling facility | 21 |
| within 30 working
days. For continued failure to comply, the | 22 |
| Department may issue an
operational
cease and desist order | 23 |
| until compliance is attained.
| 24 |
| (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
| 25 |
| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
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|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 225 ILCS 470/8.1 |
from Ch. 147, par. 108.1 |
| 4 |
| 410 ILCS 615/6 |
from Ch. 56 1/2, par. 55-6 |
| 5 |
| 410 ILCS 615/9 |
from Ch. 56 1/2, par. 55-9 |
| 6 |
| 410 ILCS 615/10 |
from Ch. 56 1/2, par. 55-10 |
| 7 |
| 410 ILCS 615/16 |
from Ch. 56 1/2, par. 55-16 |
| 8 |
| 410 ILCS 615/16.5 |
|
| 9 |
| 410 ILCS 615/16.7 new |
|
| 10 |
| 415 ILCS 60/6 |
from Ch. 5, par. 806 |
| 11 |
| 415 ILCS 60/11 |
from Ch. 5, par. 811 |
| 12 |
| 415 ILCS 60/11.1 |
from Ch. 5, par. 811.1 |
| 13 |
| 415 ILCS 60/12 |
from Ch. 5, par. 812 |
| 14 |
| 415 ILCS 60/13.3 new |
|
| 15 |
| 415 ILCS 65/5 |
from Ch. 5, par. 855 |
| 16 |
| 505 ILCS 30/4 |
from Ch. 56 1/2, par. 66.4 |
| 17 |
| 505 ILCS 30/6 |
from Ch. 56 1/2, par. 66.6 |
| 18 |
| 510 ILCS 10/1 |
from Ch. 8, par. 105.11 |
| 19 |
| 510 ILCS 77/30 |
|
| |
|