Bill Text: IL HB3658 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Repeals the Aquaculture Development Act. Amends the Civil Administrative Code of Illinois, the Illinois Municipal Code, the Illinois Pesticide Act, the Agricultural Areas Conservation and Protection Act, the County Cooperative Extension Law, the Fish and Aquatic Life Code, and the Unemployment Insurance Act making conforming changes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2021-04-27 - Referred to Assignments [HB3658 Detail]

Download: Illinois-2021-HB3658-Engrossed.html

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AN ACT concerning fish.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
(20 ILCS 205/205-60 rep.)
Section 5. The Civil Administrative Code of Illinois is
amended by repealing Section 205-60.
(20 ILCS 215/Act rep.)
Section 10. The Aquaculture Development Act is repealed.
Section 15. The Illinois Municipal Code is amended by
changing Section 11-15.4-5 as follows:
(65 ILCS 5/11-15.4-5)
Sec. 11-15.4-5. Definitions. As used in this Division:
"Agricultural product" means an agricultural,
horticultural, viticultural, aquacultural, or vegetable
product, either in its natural or processed state, that has
been produced, processed, or otherwise had value added to it
in this State. "Agricultural product" includes, but is not
limited to, growing of grapes that will be processed into
wine; bees; honey; fish or other aquacultural product;
planting seed; livestock or livestock product; forestry
product; and poultry or poultry product.

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"Aquaculture" means the controlled propagation, growth and
harvest of aquatic organisms, including but not limited to
fish, shellfish, mollusks, crustaceans, algae and other
aquatic plants, by an aquaculturist and "aquatic products"
have the meanings given to those terms in Section 4 of the
Aquaculture Development Act.
"Aquatic products" means any aquatic plants and animals or
their by-products that are produced, grown, managed, harvested
and marketed on an annual, semi-annual, biennial or short term
basis, in permitted aquaculture facilities.
"Department" means the Department of Agriculture.
"Livestock" means cattle; calves; sheep; swine; ratite
birds, including, but not limited to, ostrich and emu; aquatic
products obtained through aquaculture; llamas; alpaca;
buffalo; elk documented as obtained from a legal source and
not from the wild; goats; horses and other equines; or rabbits
raised in confinement for human consumption.
"Locally grown" means a product that was grown or raised
in the same county or adjoining county in which the urban
agricultural area is located.
"Partner organization" means a nonprofit organization that
meets standards set forth by Section 501(c)(3) of the Internal
Revenue Code and whose mission includes supporting small,
beginning, limited resource, or socially-disadvantaged farmers
within municipalities.
"Poultry" means any domesticated bird intended for human

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consumption.
"Qualifying farmer" means an individual or entity that
meets at least one of the following:
(1) is a small or medium sized farmer;
(2) is a beginning farmer;
(3) is a limited resource farmer; or
(4) is a socially-disadvantaged farmer.
"Small or medium sized farmer", "beginning farmer",
"limited resource farmer", and "socially-disadvantaged farmer"
have the meanings given to those terms in rules adopted by the
Department as provided in Section 205-65 of the Department of
Agriculture Law.
"Urban agricultural area" means an area defined by a
municipality and entirely within that municipality's
boundaries within which one or more qualifying farmers are
processing, growing, raising, or otherwise producing
locally-grown agricultural products.
(Source: P.A. 100-1133, eff. 1-1-19.)
Section 20. The Illinois Pesticide Act is amended by
changing Section 4 as follows:
(415 ILCS 60/4) (from Ch. 5, par. 804)
Sec. 4. Definitions. As used in this Act:
1. "Director" means Director of the Illinois Department of
Agriculture or his authorized representative.

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2. "Active Ingredient" means any ingredient which will
prevent, destroy, repel, control or mitigate a pest or which
will act as a plant regulator, defoliant or desiccant.
3. "Adulterated" shall apply to any pesticide if the
strength or purity is not within the standard of quality
expressed on the labeling under which it is sold, distributed
or used, including any substance which has been substituted
wholly or in part for the pesticide as specified on the
labeling under which it is sold, distributed or used, or if any
valuable constituent of the pesticide has been wholly or in
part abstracted.
4. "Agricultural Commodity" means produce of the land
including but not limited to plants and plant parts, livestock
and poultry and livestock or poultry products, seeds, sod,
shrubs and other products of agricultural origin including the
premises necessary to and used directly in agricultural
production. Agricultural commodity also includes aquatic
products, including any aquatic plants and animals or their
by-products that are produced, grown, managed, harvested and
marketed on an annual, semi-annual, biennial or short term
basis, in permitted aquaculture facilities as defined in the
Aquaculture Development Act.
5. "Animal" means all vertebrate and invertebrate species
including, but not limited to, man and other mammals, bird,
fish, and shellfish.
6. "Beneficial Insects" means those insects which during

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their life cycle are effective pollinators of plants,
predators of pests or are otherwise beneficial.
7. "Certified applicator".
A. "Certified applicator" means any individual who is
certified under this Act to purchase, use, or supervise
the use of pesticides which are classified for restricted
use.
B. "Private applicator" means a certified applicator
who purchases, uses, or supervises the use of any
pesticide classified for restricted use, for the purpose
of producing any agricultural commodity on property owned,
rented, or otherwise controlled by him or his employer, or
applied to other property if done without compensation
other than trading of personal services between no more
than 2 producers of agricultural commodities.
C. "Licensed Commercial Applicator" means a certified
applicator, whether or not he is a private applicator with
respect to some uses, who owns or manages a business that
is engaged in applying pesticides, whether classified for
general or restricted use, for hire. The term also applies
to a certified applicator who uses or supervises the use
of pesticides, whether classified for general or
restricted use, for any purpose or on property of others
excluding those specified by subparagraphs 7 (B), (D), (E)
of Section 4 of this Act.
D. "Commercial Not For Hire Applicator" means a

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certified applicator who uses or supervises the use of
pesticides classified for general or restricted use for
any purpose on property of an employer when such activity
is a requirement of the terms of employment and such
application of pesticides under this certification is
limited to property under the control of the employer only
and includes, but is not limited to, the use or
supervision of the use of pesticides in a greenhouse
setting. "Commercial Not For Hire Applicator" also
includes a certified applicator who uses or supervises the
use of pesticides classified for general or restricted use
as an employee of a state agency, municipality, or other
duly constituted governmental agency or unit.
8. "Defoliant" means any substance or combination of
substances which cause leaves or foliage to drop from a plant
with or without causing abscission.
9. "Desiccant" means any substance or combination of
substances intended for artificially accelerating the drying
of plant tissue.
10. "Device" means any instrument or contrivance, other
than a firearm or equipment for application of pesticides when
sold separately from pesticides, which is intended for
trapping, repelling, destroying, or mitigating any pest, other
than bacteria, virus, or other microorganisms on or living in
man or other living animals.
11. "Distribute" means offer or hold for sale, sell,

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barter, ship, deliver for shipment, receive and then deliver,
or offer to deliver pesticides, within the State.
12. "Environment" includes water, air, land, and all
plants and animals including man, living therein and the
interrelationships which exist among these.
13. "Equipment" means any type of instruments and
contrivances using motorized, mechanical or pressure power
which is used to apply any pesticide, excluding pressurized
hand-size household apparatus containing dilute ready to apply
pesticide or used to apply household pesticides.
14. "FIFRA" means the Federal Insecticide, Fungicide, and
Rodenticide Act, as amended.
15. "Fungi" means any non-chlorophyll bearing
thallophytes, any non-chlorophyll bearing plant of a lower
order than mosses or liverworts, as for example rust, smut,
mildew, mold, yeast and bacteria, except those on or in living
animals including man and those on or in processed foods,
beverages or pharmaceuticals.
16. "Household Substance" means any pesticide customarily
produced and distributed for use by individuals in or about
the household.
17. "Imminent Hazard" means a situation which exists when
continued use of a pesticide would likely result in
unreasonable adverse effect on the environment or will involve
unreasonable hazard to the survival of a species declared
endangered by the U.S. Secretary of the Interior or to species

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declared to be protected by the Illinois Department of Natural
Resources.
18. "Inert Ingredient" means an ingredient which is not an
active ingredient.
19. "Ingredient Statement" means a statement of the name
and percentage of each active ingredient together with the
total percentage of inert ingredients in a pesticide and for
pesticides containing arsenic in any form, the ingredient
statement shall include percentage of total and water soluble
arsenic, each calculated as elemental arsenic. In the case of
spray adjuvants the ingredient statement need contain only the
names of the functioning agents and the total percent of those
constituents ineffective as spray adjuvants.
20. "Insect" means any of the numerous small invertebrate
animals generally having the body more or less obviously
segmented for the most part belonging to the class Insects,
comprised of six-legged, usually winged forms, as for example
beetles, caterpillars, and flies. This definition encompasses
other allied classes of arthropods whose members are wingless
and usually have more than 6 legs as for example spiders,
mites, ticks, centipedes, and millipedes.
21. "Label" means the written, printed or graphic matter
on or attached to the pesticide or device or any of its
containers or wrappings.
22. "Labeling" means the label and all other written,
printed or graphic matter: (a) on the pesticide or device or

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any of its containers or wrappings, (b) accompanying the
pesticide or device or referring to it in any other media used
to disseminate information to the public, (c) to which
reference is made to the pesticide or device except when
references are made to current official publications of the U.
S. Environmental Protection Agency, Departments of
Agriculture, Health, Education and Welfare or other Federal
Government institutions, the state experiment station or
colleges of agriculture or other similar state institution
authorized to conduct research in the field of pesticides.
23. "Land" means all land and water area including
airspace, and all plants, animals, structures, buildings,
contrivances, and machinery appurtenant thereto or situated
thereon, fixed or mobile, including any used for
transportation.
24. "Licensed Operator" means a person employed to apply
pesticides to the lands of others under the direction of a
"licensed commercial applicator" or a "licensed commercial
not-for-hire applicator".
25. "Nematode" means invertebrate animals of the phylum
nemathelminthes and class nematoda, also referred to as nemas
or eelworms, which are unsegmented roundworms with elongated
fusiform or sac-like bodies covered with cuticle and
inhabiting soil, water, plants or plant parts.
26. "Permit" means a written statement issued by the
Director or his authorized agent, authorizing certain acts of

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pesticide purchase or of pesticide use or application on an
interim basis prior to normal certification, registration, or
licensing.
27. "Person" means any individual, partnership,
association, fiduciary, corporation, or any organized group of
persons whether incorporated or not.
28. "Pest" means (a) any insect, rodent, nematode, fungus,
weed, or (b) any other form of terrestrial or aquatic plant or
animal life or virus, bacteria, or other microorganism,
excluding virus, bacteria, or other microorganism on or in
living animals including man, which the Director declares to
be a pest.
29. "Pesticide" means any substance or mixture of
substances intended for preventing, destroying, repelling, or
mitigating any pest or any substance or mixture of substances
intended for use as a plant regulator, defoliant or desiccant.
30. "Pesticide Dealer" means any person who distributes
registered pesticides to the user.
31. "Plant Regulator" means any substance or mixture of
substances intended through physiological action to affect the
rate of growth or maturation or otherwise alter the behavior
of ornamental or crop plants or the produce thereof. This does
not include substances which are not intended as plant
nutrient trace elements, nutritional chemicals, plant or seed
inoculants or soil conditioners or amendments.
32. "Protect Health and Environment" means to guard

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against any unreasonable adverse effects on the environment.
33. "Registrant" means person who has registered any
pesticide pursuant to the provision of FIFRA and this Act.
34. "Restricted Use Pesticide" means any pesticide with
one or more of its uses classified as restricted by order of
the Administrator of USEPA.
35. "SLN Registration" means registration of a pesticide
for use under conditions of special local need as defined by
FIFRA.
36. "State Restricted Pesticide Use" means any pesticide
use which the Director determines, subsequent to public
hearing, that an additional restriction for that use is needed
to prevent unreasonable adverse effects.
37. "Structural Pest" means any pests which attack and
destroy buildings and other structures or which attack
clothing, stored food, commodities stored at food
manufacturing and processing facilities or manufactured and
processed goods.
38. "Unreasonable Adverse Effects on the Environment"
means the unreasonable risk to the environment, including man,
from the use of any pesticide, when taking into account
accrued benefits of as well as the economic, social, and
environmental costs of its use.
39. "USEPA" means United States Environmental Protection
Agency.
40. "Use inconsistent with the label" means to use a

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pesticide in a manner not consistent with the label
instruction, the definition adopted in FIFRA as interpreted by
USEPA shall apply in Illinois.
41. "Weed" means any plant growing in a place where it is
not wanted.
42. "Wildlife" means all living things, not human,
domestic, or pests.
43. "Bulk pesticide" means any registered pesticide which
is transported or held in an individual container in undivided
quantities of greater than 55 U.S. gallons liquid measure or
100 pounds net dry weight.
44. "Bulk repackaging" means the transfer of a registered
pesticide from one bulk container (containing undivided
quantities of greater than 100 U.S. gallons liquid measure or
100 pounds net dry weight) to another bulk container
(containing undivided quantities of greater than 100 U.S.
gallons liquid measure or 100 pounds net dry weight) in an
unaltered state in preparation for sale or distribution to
another person.
45. "Business" means any individual, partnership,
corporation or association engaged in a business operation for
the purpose of selling or distributing pesticides or providing
the service of application of pesticides in this State.
46. "Facility" means any building or structure and all
real property contiguous thereto, including all equipment
fixed thereon used for the operation of the business.

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47. "Chemigation" means the application of a pesticide
through the systems or equipment employed for the primary
purpose of irrigation of land and crops.
48. "Use" means any activity covered by the pesticide
label including but not limited to application of pesticide,
mixing and loading, storage of pesticides or pesticide
containers, disposal of pesticides and pesticide containers
and reentry into treated sites or areas.
(Source: P.A. 99-540, eff. 1-1-17; 100-201, eff. 8-18-17.)
Section 25. The Agricultural Areas Conservation and
Protection Act is amended by changing Section 3.02 as follows:
(505 ILCS 5/3.02) (from Ch. 5, par. 1003.02)
Sec. 3.02. "Crops, livestock and livestock and aquatic
products" include but are not limited to the following:
legume, hay, grain, fruit, and truck or vegetable crops,
floriculture, horticulture, mushroom growing, nurseries,
orchards, forestry, greenhouses and aquatic products,
including any aquatic plants and animals or their by-products
that are produced, grown, managed, harvested and marketed on
an annual, semi-annual, biennial or short term basis, in
permitted aquaculture facilities as defined in the Aquaculture
Development Act; the keeping, raising and feeding of livestock
or poultry, including dairying, poultry, swine, sheep, beef
cattle, pony and horse production, fur and wildlife farms,

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farm buildings used for growing, harvesting and preparing crop
products for market, or for use on the farm; roadside stands,
farm buildings for storing and protecting farm machinery and
equipment from the elements, for housing livestock or poultry
and for preparing livestock or poultry products for market;
farm dwellings occupied by farm owners, operators, tenants or
seasonal or year-round hired workers.
(Source: P.A. 85-856.)
Section 30. The County Cooperative Extension Law is
amended by changing Section 2a as follows:
(505 ILCS 45/2a) (from Ch. 5, par. 242a)
Sec. 2a. Information and assistance.
(a) The Cooperative Extension Service of the University of
Illinois shall provide information and assistance to person
who are timber growers and to persons who may be unaware of the
economic and soil and water conservation benefits that can be
attained through forestry management on marginal agricultural
lands.
(b) The Department of Agriculture, in cooperation with the
Cooperative Extension Service of the University of Illinois,
in conjunction with the Agriculture Experiment Station and
Southern Illinois University at Carbondale, shall provide
information on aquaculture and shall explore the establishment
of an aquaculture resource center for disseminating

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information and demonstrating the viability of aquaculture as
a part of the diversified agriculture of this State.
The Department of Agriculture in cooperation with the (i)
Cooperative Extension Service of the University of Illinois,
(ii) Southern Illinois University at Carbondale, (iii)
Illinois State University at Bloomington-Normal, (iv) Western
Illinois University at Macomb, and (v) community colleges
organized under the Public Community College Act shall provide
information and assistance to the aquaculture industry in the
State concerning the Aquaculture Cooperative established under
the Aquaculture Development Act and incorporated under the
Agricultural Co-Operative Act.
(Source: P.A. 91-530, eff. 8-13-99.)
Section 35. The Fish and Aquatic Life Code is amended by
changing Section 5-5 as follows:
(515 ILCS 5/5-5) (from Ch. 56, par. 5-5)
Sec. 5-5. Ownership and title; violations; penalties. The
ownership of and title to all aquatic life within the
boundaries of the State, are hereby declared to be in the
State, and no aquatic life shall be taken or killed, in any
manner or at any time, unless the person or persons so taking
or killing the aquatic life shall consent that the title to the
aquatic life shall be and remain in the State for the purpose
of regulating the taking, killing, possession, use, sale, and

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transportation of aquatic life after taking or killing, as set
forth in this Code.
Aquatic products, including any aquatic plants and animals
or their by-products that are produced, grown, managed,
harvested and marketed on an annual, semi-annual, biennial or
short term basis, in permitted aquaculture facilities as
defined in the Aquaculture Development Act, bred, hatched,
propagated, or raised by the owner of a body of water, with the
consent of the Department of Natural Resources through the
issuance of an aquaculture permit and consistent with this
Section, in permitted aquaculture facilities in or on that
body of water are the property of the person who bred, hatched,
propagated, or raised them or that person's successor in
interest. Ownership of aquatic products reverts to the State
upon revocation or expiration of an aquaculture permit as
prescribed by administrative rule.
If any person causes any waste, sewage, thermal effluent,
or any other pollutant to enter into, or causes or allows
pollution of, any waters of this State so as to kill aquatic
life, the Department, through the Attorney General, may bring
an action against that person and recover the value of and the
related costs in determining the value of the aquatic life
destroyed by the waste, sewage, thermal effluent, or
pollution. Any money so recovered shall be placed into the
Wildlife and Fish Fund in the State Treasury.
If any person shall abandon, deposit, or otherwise place

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any wire, can, bottle, glass, paper, trash, rubbish,
cardboard, wood cartons, boxes, trees, parts of trees, brush,
or other insoluble material, including animal or vegetable
material, into the waters or upon the ice of any waters of this
State, or in any place on the bank of waters of this State
where it shall be liable to be washed into the waters either by
storms, floods, or other causes, the person shall be in
violation of the offense of polluting. Employees of the
Department, however, may place or direct the placement, in the
waters of the State, of insoluble materials deemed suitable
for the purposes of enhancing aquatic habitat. Any person who
shall be found guilty under this Section shall be guilty of a
petty offense, and the Court shall further order that the
guilty person shall employ every practical means of removing
the debris within a time specified by the Court. Failure to
comply with an order under this Section shall constitute a
Class B misdemeanor.
(Source: P.A. 89-445, eff. 2-7-96.)
Section 40. The Unemployment Insurance Act is amended by
changing Section 214 as follows:
(820 ILCS 405/214) (from Ch. 48, par. 324)
Sec. 214. The term "employment" does not include
agricultural or aquacultural labor, except as provided in
Section 211.4. With respect to the period prior to January 1,

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1972, the term "agricultural labor" means the services
included within the term by this Act as amended and in effect
on September 15, 1969. On and after January 1, 1972, the term
"agricultural labor" means all services performed:
A. On a farm, in the employ of any person, in connection
with cultivating the soil or in connection with raising or
harvesting any agricultural or horticultural commodity,
including the raising, shearing, feeding, caring for,
training, and management of live stock, bees, poultry, and
fur-bearing animals and wildlife;
B. In the employ of the owner or tenant or other operator
of a farm, in connection with the operation, management,
conservation, improvement, or maintenance of such farm and its
tools and equipment;
C. In connection with the ginning of cotton, or the
operation or maintenance of ditches, canals, reservoirs, or
waterways not owned or operated for profit, used exclusively
for supplying and storing water for farming purposes;
D. In the employ of the operator of a farm, or of a group
of operators of farms (or a cooperative organization of which
such operators are members), in handling, planting, drying,
packing, packaging, processing, freezing, grading, storing or
delivering to storage or to market or to a carrier for
transportation to market, in its unmanufactured state, any
agricultural or horticultural commodity; but only if such
operator or operators produced more than one-half of the

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commodity with respect to which such service is performed. The
provisions of this subsection shall not be deemed to be
applicable with respect to service performed in connection
with commercial canning or commercial freezing or in
connection with any agricultural or horticultural commodity
after its delivery to a terminal market for distribution for
consumption.
As used in this Section, the term "farm" includes stock,
dairy, poultry, fruit, fur-bearing animal, and truck farms,
plantations, ranches, nurseries, ranges, greenhouses or other
similar structures used primarily for the raising of
agricultural or horticultural commodities, and orchards.
The term "aquacultural labor" means all services performed
in connection with the production of aquatic products,
including any aquatic plants and animals or their by-products
that are produced, grown, managed, harvested and marketed on
an annual, semi-annual, biennial or short term basis, in
permitted aquaculture facilities as defined in the Aquaculture
Development Act.
(Source: P.A. 85-856.)