Bill Text: IL SB2245 | 2021-2022 | 102nd General Assembly | Enrolled

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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-Enrolled.html

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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 14 as follows:
(415 ILCS 60/14) (from Ch. 5, par. 814)
Sec. 14. Unlawful Acts.
1. The following are violations of this Act, if any
person:
A. Made false or fraudulent claims through any media
misrepresenting the effect of pesticides or methods.
B. Applied known ineffective or improper pesticides.
C. Applied pesticides in a faulty, careless, or
negligent manner.
D. Used or made recommendation for use of a pesticide
inconsistent with the labeling of the pesticide.
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.
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.
G. Used or supervised the use of a pesticide without
qualifying as a certified applicator or licensed operator.
H. Used fraud or misrepresentation in making
application for, or renewal of, any license, permit,
certification, or registration or in demonstration of
competence.
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.
J. Impersonated any federal, state, county, or city
official.
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.
L. Fails to comply with the rules and regulations
adopted under the authority of this Act.
2. Except as provided in Section 14 (2G), it is unlawful
for any person to distribute in the State the following:
A. A pesticide not registered pursuant to provisions
of this Act.
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.
C. Any pesticide unless in the registrants unbroken
container.
D. Any pesticide container to which all label
information required under provisions of this Act has not
been securely affixed.
E. Any pesticide which is adulterated or misbranded or
any device which is misbranded.
F. Any pesticide in a container which, due to damage,
is hazardous to handle and store.
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.
3. It shall be unlawful:
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.
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.
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
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.
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:
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.
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.
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
any benefit in pest control from its use.
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.
(Source: P.A. 94-758, eff. 1-1-07.)
Section 99. Effective date. This Act takes effect January
1, 2022.