Public Act 93-0191

HB0548 Enrolled                      LRB093 05512 AMC 05603 b

    AN ACT concerning pest control.

    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 as follows:

    (415 ILCS 60/24) (from Ch. 5, par. 824)
    Sec. 24.  Criminal Penalties.
    (a) 1.  Except as otherwise provided in this Section, any
person violating any provisions of this  Act  or  regulations
adopted   thereunder   is  shall  be  guilty  of  a  Class  A
misdemeanor with a fine of not less than $5,000.
    (b)  A retailer convicted of distributing  or  selling  a
pesticide  that  has  never been registered with or for which
the registration has  been  cancelled  or  suspended  by  the
United States Environmental Protection Agency shall be guilty
of a Class A misdemeanor with a fine of not less than $5,000.
A  retailer  convicted of a second or subsequent violation of
distributing or selling  a  pesticide  that  has  never  been
registered  with  or  for  which  the  registration  has been
cancelled or suspended by  the  United  States  Environmental
Protection  Agency  shall be guilty of a Class 4 felony.  For
the purposes of this Section, "retailer" means a  person  who
transfers  ownership of or title to pesticides to a purchaser
for use and who is not certified under  the  Structural  Pest
Control Act.
    (c)  A  wholesaler  who  distributes or sells a pesticide
that  has  never  been  registered  with  or  for  which  the
registration has been cancelled or suspended  by  the  United
States  Environmental  Protection Agency shall be guilty of a
Class 4 felony for a first offense and shall be guilty  of  a
Class  3  felony  for a second or subsequent offense. For the
purposes of this Section, "wholesaler"  means  a  person  who
sells or distributes pesticides to a retailer.
(Source: P.A. 85-177.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.