(415 ILCS 60/14)
(from Ch. 5, par. 814)
1. The following are violations of this Act, if any person:
A. Made false or fraudulent claims through any media
misrepresenting the effect of pesticides or methods.
B. Applied known ineffective or improper pesticides.
C. Applied pesticides in a faulty, careless, or
D. Used or made recommendation for use of a
pesticide inconsistent with the labeling of the pesticide.
E. Neglected, or after notice in writing, refused,
to comply with provisions of this Act, the regulations adopted hereunder, or of any lawful order of the Director, including the limitations specified in a duly issued permit, certification, or registration.
F. Failed to keep and maintain records required by
this Act or failed to make reports when and as required or made false or fraudulent records or reports.
G. Used or supervised the use of a pesticide without
qualifying as a certified applicator or licensed operator.
H. Used fraud or misrepresentation in making
application for, or renewal of, any license, permit, certification, or registration or in demonstration of competence.
I. Aided or abetted a person to evade provisions of
this Act, conspired with any person to evade provisions of this Act or allowed a license, permit, certification or registration to be used by another person.
J. Impersonated any federal, state, county, or city
K. Purchased pesticides by using another person's
license or using or purchasing pesticides outside of a specific category for which that person is licensed or any other misrepresentation.
L. Fails to comply with the rules and regulations
adopted under the authority of this Act.
2. Except as provided in Section 14 (2G), it is unlawful for any person
to distribute in the State the following:
A. A pesticide not registered pursuant to provisions
B. Any pesticide, if any claim made for it, use
recommendation, other labeling or formulation, differs from the representations made in connection with registration. However, a change in labeling or formulation may be made within a registration if the change does not violate provisions of FIFRA or this Act.
C. Any pesticide unless in the registrants unbroken
D. Any pesticide container to which all label
information required under provisions of this Act has not been securely affixed.
E. Any pesticide which is adulterated or misbranded
or any device which is misbranded.
F. Any pesticide in a container which, due to damage,
is hazardous to handle and store.
G. It shall not be unlawful to distribute pesticides
"in bulk" provided such distribution does not violate the provisions of this Act, the Rules and Regulations under this Act, or FIFRA.
3. It shall be unlawful:
A. To sell any pesticide labeled for restricted use
to any applicator not certified, unless such applicator has a valid permit authorizing purchase under a special exemption from certification requirements.
B. To handle, store, display, use or distribute
pesticides in such manner as to endanger man and his environment, to endanger food, feed or other products that may be stored, displayed or distributed with such pesticides.
C. To use, dispose of, discard, or store pesticides
or their containers in such a manner as to endanger public health and the environment or to pollute water supplies.
D. To use for personal advantage, reveal to persons,
other than the Director designee or properly designated official of other jurisdictions, or to a physician or other qualified person in cases of emergency for preparation of an antidote any information judged as relating to trade secrets. To use or reveal a financial information obtained by authority or marked as privileged or confidential by a registrant.
E. To sell any pesticide labelled for restricted use
over an Internet website to an Illinois resident who is not a certified pesticide applicator as provided under Section 11 of this Act.
4. Exemptions from the violation provisions of this Act are as follows:
A. Carriers lawfully engaged in transporting
pesticides within this State, provided that such carrier shall upon request permit the Director to copy all records showing transactions in the movement of the pesticide or device.
B. Public officials of this State or the federal
government while engaged in the performance of official duties in administration of pesticide laws or regulations.
C. Persons who ship a substance or mixture of
substances being tested for the purpose of determining its value for pesticide use, to determine its toxicity or other properties and from which such user does not derive any benefit in pest control from its use.
5. No pesticide or device shall be deemed in violation of this Act when
intended solely for export to a foreign country. If it is not exported
all the provisions of this Act shall apply.
(Source: P.A. 94-758, eff. 1-1-07.)