Bill Text: IL HB4711 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Illinois Pesticide Act. Provides that for any person applying a pesticide that results in exposure to the pesticide by a human, the penalty shall be $2,500. Provides that an additional penalty of $1,000 shall be assessed for each individual human exposed to the pesticide. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2022-03-04 - Rule 19(a) / Re-referred to Rules Committee [HB4711 Detail]

Download: Illinois-2021-HB4711-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4711 Introduced , by Rep. Dagmara Avelar SYNOPSIS AS INTRODUCED:
415 ILCS 60/24.1 from Ch. 5, par. 824.1
Amends the Illinois Pesticide Act. Provides that for any person applying a pesticide that results in exposure to the pesticide by a human, the penalty shall be $2,500. Provides that an additional penalty of $1,000 shall be assessed for each individual human exposed to the pesticide. Effective immediately.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pesticide Act is amended by
changing Section 24.1 as follows:
(415 ILCS 60/24.1) (from Ch. 5, par. 824.1)
Sec. 24.1. Administrative actions and penalties.
(1) The Director is authorized after an opportunity for an
administrative hearing to suspend, revoke, or modify any
license, permit, special order, registration, or certification
issued under this Act. This action may be taken in addition to
or in lieu of monetary penalties assessed as set forth in this
Section. When it is in the interest of the people of the State
of Illinois, the Director may, upon good and sufficient
evidence, suspend the registration, license, or permit until a
hearing has been held. In such cases, the Director shall issue
an order in writing setting forth the reasons for the
suspension. Such order shall be served personally on the
person or by registered or certified mail sent to the person's
business address as shown in the latest notification to the
Department. When such an order has been issued by the
Director, the person may request an immediate hearing.
(2) Before initiating hearing proceedings, the Director

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may issue an advisory letter to a violator of this Act or its
rules and regulations when the violation points total 6 or
less, as determined by the Department by the Use and Violation
Criteria established in this Section. When the Department
determines that the violation points total more than 6 but not
more than 13, the Director shall issue a warning letter to the
violator.
(3) The hearing officer upon determination of a violation
or violations shall assess one or more of the following
penalties:
(A) For any person applying pesticides without a
license or misrepresenting certification or failing to
comply with conditions of an agrichemical facility permit
or failing to comply with the conditions of a written
authorization for land application of agrichemical
contaminated soils or groundwater, a penalty of $500 shall
be assessed for the first offense and $1,000 for the
second and subsequent offenses.
(B) For violations of a stop use order imposed by the
Director, the penalty shall be $2500.
(C) For violations of a stop sale order imposed by the
Director, the penalty shall be $1500 for each individual
item of the product found in violation of the order.
(D) For selling restricted use pesticides to a
non-certified applicator the penalty shall be $1000.
(E) For selling restricted use pesticides without a

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dealer's license the penalty shall be $1,000.
(F) For constructing or operating without an
agrichemical facility permit after receiving written
notification, the penalty shall be $500 for the first
offense and $1,000 for the second and subsequent offenses.
(F-5) For any person applying a pesticide that results
in exposure to the pesticide by a human, the penalty shall
be $2,500. An additional penalty of $1,000 shall be
assessed for each individual human exposed to the
pesticide.
(G) For violations of the Act and rules and
regulations, administrative penalties will be based upon
the total violation points as determined by the Use and
Violation Criteria as set forth in paragraph (4) of this
Section. The monetary penalties shall be as follows:
Total Violation Points Monetary Penalties
14-16 $750
17-19 $1000
20-21 $2500
22-25 $5000
26-29 $7500
30 and above $10,000
(4) The following Use and Violation Criteria establishes
the point value which shall be compiled to determine the total
violation points and administrative actions or monetary
penalties to be imposed as set forth in paragraph (3)(G) of

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this Section:
(A) Point values shall be assessed upon the harm or
loss incurred.
(1) A point value of 1 shall be assessed for the
following:
(a) Exposure to a pesticide by plants, animals
or humans with no symptoms or damage noted.
(b) Fraudulent sales practices or
representations with no apparent monetary losses
involved.
(2) A point value of 2 shall be assessed for the
following:
(a) Exposure to a pesticide which resulted in:
(1) Plants or property showing signs of
damage including but not limited to leaf curl,
burning, wilting, spotting, discoloration, or
dying.
(2) Garden produce or an agricultural crop
not being harvested on schedule.
(3) Fraudulent sales practices or
representations resulting in losses under
$500.
(3) A point value of 4 shall be assessed for the
following:
(a) Exposure to a pesticide resulting in a
human experiencing headaches, nausea, eye

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irritation and such other symptoms which persisted
less than 3 days.
(b) Plant or property damage resulting in a
loss below $1000.
(c) Animals exhibiting symptoms of pesticide
poisoning including but not limited to eye or skin
irritations or lack of coordination.
(d) Death to less than 5 animals.
(e) Fraudulent sales practices or
representations resulting in losses from $500 to
$2000.
(4) A point value of 6 shall be assessed for the
following:
(a) Exposure to a pesticide resulting in a
human experiencing headaches, nausea, eye
irritation and such other symptoms which persisted
3 or more days.
(b) Plant or property damage resulting in a
loss of $1000 or more.
(c) Death to 5 or more animals.
(d) Fraudulent sales practices or
representations resulting in losses over $2000.
(B) Point values shall be assessed based upon the
signal word on the label of the chemical involved:
Point Value Signal Word
1 Caution

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2 Warning
4 Danger/Poison
(C) Point values shall be assessed based upon the
degree of responsibility.
Point Value Degree of Responsibility
2 Accidental (such as equipment malfunction)
4 Negligence
10 Knowingly
(D) Point values shall be assessed based upon the
violator's history for the previous 3 years:
Point Value Record
2 Advisory letter
3 Warning letter
5
Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty
7
Certification, license or registration currently suspended or revoked
(E) Point values shall be assessed based upon the
violation type:
(1) Application Oriented:
Point Value Violation
1 Inadequate records

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2 Lack of supervision
2 Faulty equipment
Use contrary to label directions:
2 a. resulting in exposure to applicator or operator
3
b. resulting in exposure to other persons or the environment
3
c. precautionary statements, sites, rates, restricted use requirements
3 Water contamination
3 Storage or disposal contrary to label directions
3 Pesticide drift
4 Direct application to a non-target site
6 Falsification of records
6
Failure to secure a permit or violation of permit or special order
(2) Product Oriented:
Point Value Violation
6 Pesticide not registered
4 Product label claims differ from approved label

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4
Product composition (active ingredients differs from that of approved label)
4 Product not colored as required
4
Misbranding as set forth in Section 5 of the Act (4 points will be assessed for each count)
(5) Any penalty not paid within 60 days of notice from
the Department shall be submitted to the Attorney
General's Office for collection. Failure to pay a penalty
shall also be grounds for suspension or revocation of
permits, licenses and registrations.
(6) Private applicators, except those private
applicators who have been found by the Department to have
committed a "use inconsistent with the label" as defined
in subsection 40 of Section 4 of this Act, are exempt from
the Use and Violation Criteria point values.
(Source: P.A. 102-558, eff. 8-20-21.)
Section 99. Effective date. This Act takes effect upon
becoming law.