[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
|[ Engrossed ]||[ House Amendment 001 ]|
92_HB4942 LRB9211513LBprA 1 AN ACT concerning pest control. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Structural Pest Control Act is amended by 5 changing Section 21 as follows: 6 (225 ILCS 235/21) (from Ch. 111 1/2, par. 2221) 7 (Section scheduled to be repealed on January 1, 2007) 8 Sec. 21. Penalty
). Any person who violates this Act or 9 any rule or regulation adopted by the Department, or who 10 violates any determination or order of the Department under 11 this Act shall be guilty of a Class A misdemeanor and shall 12 be fined a sum not less than $100. A person convicted of a 13 second or subsequent violation is guilty of a Class 4 felony. 14 Each day's violation constitutes a separate offense. The 15 State's Attorney of the county in which the violation 16 occurred or the Attorney General shall bring such actions in 17 the name of the people of the State of Illinois. 18 (Source: P.A. 82-725.) 19 Section 10. The Illinois Pesticide Act is amended by 20 changing Sections 4 and 24 as follows: 21 (415 ILCS 60/4) (from Ch. 5, par. 804) 22 Sec. 4. Definitions. As used in this Act: 23 1. "Director" means Director of the Illinois Department 24 of Agriculture or his authorized representative. 25 2. "Active Ingredient" means any ingredient which will 26 prevent, destroy, repel, control or mitigate a pest or which 27 will act as a plant regulator, defoliant or desiccant. 28 3. "Adulterated" shall apply to any pesticide if the 29 strength or purity is not within the standard of quality -2- LRB9211513LBprA 1 expressed on the labeling under which it is sold, distributed 2 or used, including any substance which has been substituted 3 wholly or in part for the pesticide as specified on the 4 labeling under which it is sold, distributed or used, or if 5 any valuable constituent of the pesticide has been wholly or 6 in part abstracted. 7 4. "Agricultural Commodity" means produce of the land 8 including but not limited to plants and plant parts, 9 livestock and poultry and livestock or poultry products, 10 seeds, sod, shrubs and other products of agricultural origin 11 including the premises necessary to and used directly in 12 agricultural production. Agricultural commodity also includes 13 aquatic products as defined in the Aquaculture Development 14 Act. 15 5. "Animal" means all vertebrate and invertebrate 16 species including, but not limited to, man and other mammals, 17 bird, fish, and shellfish. 18 6. "Beneficial Insects" means those insects which during 19 their life cycle are effective pollinators of plants, 20 predators of pests or are otherwise beneficial. 21 7. "Certified applicator". 22 A. "Certified applicator" means any individual who 23 is certified under this Act to purchase, use, or 24 supervise the use of pesticides which are classified for 25 restricted use. 26 B. "Private applicator" means a certified 27 applicator who purchases, uses, or supervises the use of 28 any pesticide classified for restricted use, for the 29 purpose of producing any agricultural commodity on 30 property owned, rented, or otherwise controlled by him or 31 his employer, or applied to other property if done 32 without compensation other than trading of personal 33 services between no more than 2 producers of agricultural 34 commodities. -3- LRB9211513LBprA 1 C. "Licensed Commercial Applicator" means a 2 certified applicator, whether or not he is a private 3 applicator with respect to some uses, who owns or manages 4 a business that is engaged in applying pesticides, 5 whether classified for general or restricted use, for 6 hire. The term also applies to a certified applicator 7 who uses or supervises the use of pesticides, whether 8 classified for general or restricted use, for any purpose 9 or on property of others excluding those specified by 10 subparagraphs 7 (B), (D), (E) 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 18 only and includes, but is not limited to, the use or 19 supervision of the use of pesticides in a greenhouse 20 setting. 21 E. "Licensed Public Applicator" means a certified 22 applicator who uses or supervises the use of pesticides 23 classified for general or restricted use as an employee 24 of a state agency, municipality, or other duly 25 constituted governmental agency or unit. 26 8. "Defoliant" means any substance or combination of 27 substances which cause leaves or foliage to drop from a plant 28 with or without causing abscission. 29 9. "Desiccant" means any substance or combination of 30 substances intended for artificially accelerating the drying 31 of plant tissue. 32 10. "Device" means any instrument or contrivance, other 33 than a firearm or equipment for application of pesticides 34 when sold separately from pesticides, which is intended for -4- LRB9211513LBprA 1 trapping, repelling, destroying, or mitigating any pest, 2 other than bacteria, virus, or other microorganisms on or 3 living in man or other living animals. 4 11. "Distribute" means offer or hold for sale, sell, 5 barter, ship, deliver for shipment, receive and then deliver, 6 or offer to deliver pesticides, within the State. 7 12. "Environment" includes water, air, land, and all 8 plants and animals including man, living therein and the 9 interrelationships which exist among these. 10 13. "Equipment" means any type of instruments and 11 contrivances using motorized, mechanical or pressure power 12 which is used to apply any pesticide, excluding pressurized 13 hand-size household apparatus containing dilute ready to 14 apply pesticide or used to apply household pesticides. 15 14. "FIFRA" means the "Federal Insecticide Fungicide 16 Rodenticide Act", as amended. 17 15. "Fungi" means any non-chlorophyll bearing 18 thallophytes, any non-chlorophyll bearing plant of a lower 19 order than mosses or liverworts, as for example rust, smut, 20 mildew, mold, yeast and bacteria, except those on or in 21 living animals including man and those on or in processed 22 foods, beverages or pharmaceuticals. 23 16. "Household Substance" means any pesticide 24 customarily produced and distributed for use by individuals 25 in or about the household. 26 17. "Imminent Hazard" means a situation which exists 27 when continued use of a pesticide would likely result in 28 unreasonable adverse effect on the environment or will 29 involve unreasonable hazard to the survival of a species 30 declared endangered by the U.S. Secretary of the Interior or 31 to species declared to be protected by the Illinois 32 Department of Natural Resources. 33 18. "Inert Ingredient" means an ingredient which is not 34 an active ingredient. -5- LRB9211513LBprA 1 19. "Ingredient Statement" means a statement of the name 2 and percentage of each active ingredient together with the 3 total percentage of inert ingredients in a pesticide and for 4 pesticides containing arsenic in any form, the ingredient 5 statement shall include percentage of total and water soluble 6 arsenic, each calculated as elemental arsenic. In the case 7 of spray adjuvants the ingredient statement need contain only 8 the names of the functioning agents and the total percent of 9 those constituents ineffective as spray adjuvants. 10 20. "Insect" means any of the numerous small 11 invertebrate animals generally having the body more or less 12 obviously segmented for the most part belonging to the class 13 Insects, comprised of six-legged, usually winged forms, as 14 for example beetles, caterpillars, and flies. This 15 definition encompasses other allied classes of arthropods 16 whose members are wingless and usually have more than 6 legs 17 as for example spiders, mites, ticks, centipedes, and 18 millipedes. 19 21. "Label" means the written, printed or graphic matter 20 on or attached to the pesticide or device or any of its 21 containers or wrappings. 22 22. "Labeling" means the label and all other written, 23 printed or graphic matter: (a) on the pesticide or device or 24 any of its containers or wrappings, (b) accompanying the 25 pesticide or device or referring to it in any other media 26 used to disseminate information to the public, (c) to which 27 reference is made to the pesticide or device except when 28 references are made to current official publications of the 29 U. S. Environmental Protection Agency, Departments of 30 Agriculture, Health, Education and Welfare or other Federal 31 Government institutions, the state experiment station or 32 colleges of agriculture or other similar state institution 33 authorized to conduct research in the field of pesticides. 34 23. "Land" means all land and water area including -6- LRB9211513LBprA 1 airspace, and all plants, animals, structures, buildings, 2 contrivances, and machinery appurtenant thereto or situated 3 thereon, fixed or mobile, including any used for 4 transportation. 5 24. "Licensed Operator" means a person employed to apply 6 pesticides to the lands of others under the direction of a 7 "licensed commercial applicator" or a "licensed public 8 applicator" or a "licensed commercial not-for-hire 9 applicator". 10 25. "Nematode" means invertebrate animals of the phylum 11 nemathelminthes and class nematoda, also referred to as nemas 12 or eelworms, which are unsegmented roundworms with elongated 13 fusiform or sac-like bodies covered with cuticle and 14 inhabiting soil, water, plants or plant parts. 15 26. "Permit" means a written statement issued by the 16 Director or his authorized agent, authorizing certain acts of 17 pesticide purchase or of pesticide use or application on a 18 interim basis prior to normal certification, registration, or 19 licensing. 20 27. "Person" means any individual, partnership, 21 association, fiduciary, corporation, or any organized group 22 of persons whether incorporated or not. 23 28. "Pest" means (a) any insect, rodent, nematode, 24 fungus, weed, or (b) any other form of terrestrial or aquatic 25 plant or animal life or virus, bacteria, or other 26 microorganism, excluding virus, bacteria, or other 27 microorganism on or in living animals including man, which 28 the Director declares to be a pest. 29 29. "Pesticide" means any substance or mixture of 30 substances intended for preventing, destroying, repelling, or 31 mitigating any pest or any substance or mixture of substances 32 intended for use as a plant regulator, defoliant or 33 desiccant. 34 30. "Pesticide Dealer" means any person who distributes -7- LRB9211513LBprA 1 registered pesticides to the user. 2 31. "Plant Regulator" means any substance or mixture of 3 substances intended through physiological action to affect 4 the rate of growth or maturation or otherwise alter the 5 behavior of ornamental or crop plants or the produce thereof. 6 This does not include substances which are not intended as 7 plant nutrient trace elements, nutritional chemicals, plant 8 or seed inoculants or soil conditioners or amendments. 9 32. "Protect Health and Environment" means to guard 10 against any unreasonable adverse effects on the environment. 11 33. "Registrant" means person who has registered any 12 pesticide pursuant to the provision of FIFRA and this Act. 13 34. "Restricted Use Pesticide" means any pesticide with 14 one or more of its uses classified as restricted by order of 15 the Administrator of USEPA. 16 35. "SLN Registration" means registration of a pesticide 17 for use under conditions of special local need as defined by 18 FIFRA. 19 36. "State Restricted Pesticide Use" means any pesticide 20 use which the Director determines, subsequent to public 21 hearing, that an additional restriction for that use is 22 needed to prevent unreasonable adverse effects. 23 37. "Structural Pest" means any pests which attack and 24 destroy buildings and other structures or which attack 25 clothing, stored food, commodities stored at food 26 manufacturing and processing facilities or manufactured and 27 processed goods. 28 38. "Unreasonable Adverse Effects on the Environment" 29 means the unreasonable risk to the environment, including 30 man, from the use of any pesticide, when taking into account 31 accrued benefits of as well as the economic, social, and 32 environmental costs of its use. 33 39. "USEPA" means United States Environmental Protection 34 Agency. -8- LRB9211513LBprA 1 40. "Use inconsistent with the label" means to use a 2 pesticide in a manner not consistent with the label 3 instruction, the definition adopted in FIFRA as interpreted 4 by USEPA shall apply in Illinois. 5 41. "Weed" means any plant growing in a place where it 6 is not wanted. 7 42. "Wildlife" means all living things, not human, 8 domestic, or pests. 9 43. "Bulk pesticide" means any registered pesticide 10 which is transported or held in an individual container in 11 undivided quantities of greater than 55 U.S. gallons liquid 12 measure or 100 pounds net dry weight. 13 44. "Bulk repackaging" means the transfer of a 14 registered pesticide from one bulk container (containing 15 undivided quantities of greater than 100 U.S. gallons liquid 16 measure or 100 pounds net dry weight) to another bulk 17 container (containing undivided quantities of greater than 18 100 U.S. gallons liquid measure or 100 pounds net dry weight) 19 in an unaltered state in preparation for sale or distribution 20 to another person. 21 45. "Business" means any individual, partnership, 22 corporation or association engaged in a business operation 23 for the purpose of selling or distributing pesticides or 24 providing the service of application of pesticides in this 25 State. 26 46. "Facility" means any building or structure and all 27 real property contiguous thereto, including all equipment 28 fixed thereon used for the operation of the business. 29 47. "Chemigation" means the application of a pesticide 30 through the systems or equipment employed for the primary 31 purpose of irrigation of land and crops. 32 48. "Use" means any activity covered by the pesticide 33 label including but not limited to application of pesticide, 34 mixing and loading, storage of pesticides or pesticide -9- LRB9211513LBprA 1 containers, disposal of pesticides and pesticide containers 2 and reentry into treated sites or areas. 3 49. "Retailer" means a person who transfers ownership of 4 or title to pesticides to a purchaser for use or consumption 5 but not for resale in any form. 6 50. "Wholesaler" means a person who sells pesticides to 7 a retailer. 8 (Source: P.A. 92-113, eff. 7-20-01.) 9 (415 ILCS 60/24) (from Ch. 5, par. 824) 10 Sec. 24. Criminal Penalties. 11 1. Any person violating any provisions of this Act or 12 regulations adopted thereunder is shall beguilty of a Class 13 A misdemeanor with a fine of not less than $5,000. A 14 retailer convicted of a second or subsequent violation is 15 guilty of a Class 4 felony. 16 2. A wholesaler violating any provisions of this Act or 17 regulations adopted thereunder is guilty of a Class 4 felony. 18 A wholesaler convicted of a second or subsequent violation is 19 guilty of a Class 3 felony. 20 (Source: P.A. 85-177.) 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.
[ Top ]