State of Illinois
92nd General Assembly

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[ Engrossed ][ House Amendment 001 ]



 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 7        (Section scheduled to be repealed on January 1, 2007)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 be guilty 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.

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