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| Public Act 094-0758 |
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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 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 | ||
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
or confidential by a | ||
registrant. | ||
E. To sell any pesticide 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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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
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. 87-128.)
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