Bill Title: Amends the Illinois Pesticide Act. Provides that, no later than January 1, 2022, the Department of Agriculture shall develop a drift monitoring study to evaluate pesticide drift at 3 schools within the State and shall submit a report of its findings and recommendations to the General Assembly no later than January 1, 2023. Repeals the provisions regarding the drift monitoring study on January 1, 2024. Provides that it is unlawful to apply a restricted use pesticide on or within 500 feet of a school property during normal hours, except for whole structure fumigation, unless the pesticide application information listed on the pesticide label is more restrictive, in which case the more restrictive provision shall apply. Directs the Department to adopt rules necessary to implement the restriction. Defines "normal school hours". Effective January 1, 2022.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0548
[SB2245 Detail]Download: Illinois-2021-SB2245-Chaptered.html
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| Public Act 102-0548
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| SB2245 Enrolled | LRB102 11647 CPF 22624 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pesticide Act is amended by |
changing Section 14 as follows:
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(415 ILCS 60/14) (from Ch. 5, par. 814)
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Sec. 14. Unlawful Acts.
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1. The following are violations of this Act, if any |
person:
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A. Made false or fraudulent claims through any media |
misrepresenting the
effect of pesticides or methods.
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B. Applied known ineffective or improper pesticides.
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C. Applied pesticides in a faulty, careless, or |
negligent manner.
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D. Used or made recommendation for use of a pesticide |
inconsistent with
the labeling of the pesticide.
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E. Neglected, or after notice in writing, refused, to |
comply with provisions
of this Act, the regulations |
adopted hereunder, or of any lawful order of
the Director, |
including the limitations specified in a duly issued |
permit,
certification, or registration.
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F. Failed to keep and maintain records required by |
this Act or failed
to make reports when and as required or |
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made false or fraudulent records
or reports.
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G. Used or supervised the use of a pesticide without |
qualifying
as a certified applicator or licensed operator.
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H. Used fraud or misrepresentation in making |
application for, or renewal
of, any license, permit, |
certification, or registration or in demonstration
of |
competence.
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I. Aided or abetted a person to evade provisions of |
this Act, conspired
with any person to evade provisions of |
this Act or allowed a license, permit,
certification or |
registration to be used by another person.
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J. Impersonated any federal, state, county, or city |
official.
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K. Purchased pesticides by using another person's |
license or using or
purchasing pesticides outside of a |
specific category for which that person
is licensed or any |
other misrepresentation.
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L. Fails to comply with the rules and regulations |
adopted under the
authority of this Act.
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2. Except as provided in Section 14 (2G), it is unlawful |
for any person
to distribute in the State the following:
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A. A pesticide not registered pursuant to provisions |
of this Act.
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B. Any pesticide, if any claim made for it, use |
recommendation, other
labeling or formulation, differs |
from the representations made in connection
with |
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registration. However, a change in labeling or formulation |
may be
made within a registration if the change does not |
violate provisions of
FIFRA or this Act.
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C. Any pesticide unless in the registrants unbroken |
container.
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D. Any pesticide container to which all label |
information required under
provisions of this Act has not |
been securely affixed.
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E. Any pesticide which is adulterated or misbranded or |
any device which is misbranded.
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F. Any pesticide in a container which, due to damage, |
is hazardous to
handle and store.
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G. It shall not be unlawful to distribute pesticides |
"in bulk" provided
such distribution does not violate the |
provisions of this Act, the Rules
and Regulations under |
this Act, or FIFRA.
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3. It shall be unlawful:
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A. To sell any pesticide labeled for restricted use to |
any applicator
not certified, unless such applicator has a |
valid permit authorizing purchase
under a special |
exemption from certification requirements.
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B. To handle, store, display, use or distribute |
pesticides in such
manner as to endanger man and his |
environment, to endanger food, feed or
other products that |
may be stored, displayed or distributed with such |
pesticides.
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C. To use, dispose of, discard, or store pesticides or |
their containers
in such a manner as to endanger public |
health and the environment or to
pollute water supplies.
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D. To use for personal advantage, reveal to persons, |
other than the Director
designee or properly designated |
official of other jurisdictions, or to a
physician or |
other qualified person in cases of emergency for |
preparation
of an antidote any information judged as |
relating to trade secrets. To use
or reveal a financial |
information obtained by authority or marked as privileged
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or confidential by a registrant. |
E. To sell any pesticide labeled labelled for |
restricted use over an Internet website to an Illinois |
resident who is not a certified pesticide applicator as |
provided under Section 11 of this Act.
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F. To apply a restricted use pesticide on or within |
500 feet of school property during normal hours, except |
for whole structure fumigation. However, if the pesticide |
application information listed on the pesticide label is |
more restrictive than this paragraph (F), then the more |
restrictive provision shall apply. The Department of |
Agriculture shall adopt rules necessary to implement the |
provisions of this paragraph (F). As used in this |
paragraph (F), "normal school hours" means Monday through |
Friday from 7 a.m. until 4 p.m., excluding days when |
classes are not in session.
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4. Exemptions from the violation provisions of this Act |
are as follows:
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A. Carriers lawfully engaged in transporting |
pesticides within this State,
provided that such carrier |
shall upon request permit the Director to copy
all records |
showing transactions in the movement of the pesticide or |
device.
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B. Public officials of this State or the federal |
government while engaged
in the performance of official |
duties in administration of pesticide laws
or regulations.
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C. Persons who ship a substance or mixture of |
substances being tested
for the purpose of determining its |
value for pesticide use, to determine
its toxicity or |
other properties and from which such user does not derive
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any benefit in pest control from its use.
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5. No pesticide or device shall be deemed in violation of |
this Act when
intended solely for export to a foreign country. |
If it is not exported
all the provisions of this Act shall |
apply.
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(Source: P.A. 94-758, eff. 1-1-07.)
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Section 99. Effective date. This Act takes effect January |
1, 2022.
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