(415 ILCS 60/3)
(from Ch. 5, par. 803)
Delegation of Authority.
The Illinois Department of Agriculture
shall administer "The Illinois Pesticide Act".
1. It shall be the duty of the Department of Agriculture to enforce this
Act and such provisions of other Acts intended to control the
registration, purchase, use, storage and disposal
of pesticides, unless otherwise specified in this Section. Also, the
Department of Agriculture shall control the purchase and use
of pesticides pertaining to the production, protection, care, storage, or
transportation of agricultural commodities and to control the use of pesticides
applied by agricultural equipment.
Also, the Department shall establish and implement an Agrichemical Facility
Response Action Program as provided in Section 19.3.
2. It shall be the duty of the Department of Public Health to enforce
such provisions of this Act and other Acts intended to control structural
pest pesticides, as defined in subparagraph 37 of Section 4, of this Act.
It shall be the duty of the Department of Public Health to enforce such
provisions of this Act related to vector control, control of pestiferous
and disease carrying insects, rodents and other animals, and control of
birds and other mammals that may pose a threat to the health of the public.
3. It shall be the duty of the Environmental Protection Agency to enforce
such provisions of this Act and other Acts intended to protect and preserve
the quality of air, water, and guard against unreasonable contamination
of land resources.
4. The regulation of pesticides by any political subdivision of this
State, including home rule units, is specifically prohibited except for
counties and municipalities with a population over 2,000,000. The regulation
of pesticides under this Act is an exclusive power and function of the State,
except as provided in this paragraph, and is a denial and limitation, under
Article VII, Section 6, subsection (h) of the Illinois Constitution, of the
power of a home rule unit to regulate pesticides.
(Source: P.A. 89-94, eff. 7-6-95.)