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| 1 | AN ACT concerning safety.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Pesticide Act is amended by | ||||||
| 5 | changing Section 14 as follows:
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| 6 | (415 ILCS 60/14) (from Ch. 5, par. 814)
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| 7 | Sec. 14. Unlawful Acts.
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| 8 | 1. The following are violations of this Act, if any person:
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| 9 | A. Made false or fraudulent claims through any media | ||||||
| 10 | misrepresenting the
effect of pesticides or methods.
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| 11 | B. Applied known ineffective or improper pesticides.
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| 12 | C. Applied pesticides in a faulty, careless, or | ||||||
| 13 | negligent manner.
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| 14 | D. Used or made recommendation for use of a pesticide | ||||||
| 15 | inconsistent with
the labeling of the pesticide.
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| 16 | E. Neglected, or after notice in writing, refused, to | ||||||
| 17 | comply with provisions
of this Act, the regulations adopted | ||||||
| 18 | hereunder, or of any lawful order of
the Director, | ||||||
| 19 | including the limitations specified in a duly issued | ||||||
| 20 | permit,
certification, or registration.
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| 21 | F. Failed to keep and maintain records required by this | ||||||
| 22 | Act or failed
to make reports when and as required or made | ||||||
| 23 | false or fraudulent records
or reports.
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| 24 | G. Used or supervised the use of a pesticide without | ||||||
| 25 | qualifying
as a certified applicator or licensed operator.
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| 26 | H. Used fraud or misrepresentation in making | ||||||
| 27 | application for, or renewal
of, any license, permit, | ||||||
| 28 | certification, or registration or in demonstration
of | ||||||
| 29 | competence.
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| 30 | I. Aided or abetted a person to evade provisions of | ||||||
| 31 | this Act, conspired
with any person to evade provisions of | ||||||
| 32 | this Act or allowed a license, permit,
certification or | ||||||
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| 1 | registration to be used by another person.
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| 2 | J. Impersonated any federal, state, county, or city | ||||||
| 3 | official.
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| 4 | K. Purchased pesticides by using another person's | ||||||
| 5 | license or using or
purchasing pesticides outside of a | ||||||
| 6 | specific category for which that person
is licensed or any | ||||||
| 7 | other misrepresentation.
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| 8 | L. Fails to comply with the rules and regulations | ||||||
| 9 | adopted under the
authority of this Act.
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| 10 | 2. Except as provided in Section 14 (2G), it is unlawful | ||||||
| 11 | for any person
to distribute in the State the following:
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| 12 | A. A pesticide not registered pursuant to provisions of | ||||||
| 13 | this Act.
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| 14 | B. Any pesticide, if any claim made for it, use | ||||||
| 15 | recommendation, other
labeling or formulation, differs | ||||||
| 16 | from the representations made in connection
with | ||||||
| 17 | registration. However, a change in labeling or formulation | ||||||
| 18 | may be
made within a registration if the change does not | ||||||
| 19 | violate provisions of
FIFRA or this Act.
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| 20 | C. Any pesticide unless in the registrants unbroken | ||||||
| 21 | container.
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| 22 | D. Any pesticide container to which all label | ||||||
| 23 | information required under
provisions of this Act has not | ||||||
| 24 | been securely affixed.
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| 25 | E. Any pesticide which is adulterated or misbranded or | ||||||
| 26 | any device which is misbranded.
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| 27 | F. Any pesticide in a container which, due to damage, | ||||||
| 28 | is hazardous to
handle and store.
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| 29 | G. It shall not be unlawful to distribute pesticides | ||||||
| 30 | "in bulk" provided
such distribution does not violate the | ||||||
| 31 | provisions of this Act, the Rules
and Regulations under | ||||||
| 32 | this Act, or FIFRA.
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| 33 | 3. It shall be unlawful:
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| 34 | A. To sell any pesticide labeled for restricted use to | ||||||
| 35 | any applicator
not certified, unless such applicator has a | ||||||
| 36 | valid permit authorizing purchase
under a special | ||||||
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| 1 | exemption from certification requirements.
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| 2 | B. To handle, store, display, use or distribute | ||||||
| 3 | pesticides in such
manner as to endanger man and his | ||||||
| 4 | environment, to endanger food, feed or
other products that | ||||||
| 5 | may be stored, displayed or distributed with such | ||||||
| 6 | pesticides.
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| 7 | C. To use, dispose of, discard, or store pesticides or | ||||||
| 8 | their containers
in such a manner as to endanger public | ||||||
| 9 | health and the environment or to
pollute water supplies.
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| 10 | D. To use for personal advantage, reveal to persons, | ||||||
| 11 | other than the Director
designee or properly designated | ||||||
| 12 | official of other jurisdictions, or to a
physician or other | ||||||
| 13 | qualified person in cases of emergency for preparation
of | ||||||
| 14 | an antidote any information judged as relating to trade | ||||||
| 15 | secrets. To use
or reveal a financial information obtained | ||||||
| 16 | by authority or marked as privileged
or confidential by a | ||||||
| 17 | registrant. | ||||||
| 18 | E. To sell any pesticide labelled for restricted use | ||||||
| 19 | over an Internet website to an Illinois resident who is not | ||||||
| 20 | a certified pesticide applicator as provided under Section | ||||||
| 21 | 11 of this Act.
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| 22 | 4. Exemptions from the violation provisions of this Act are | ||||||
| 23 | as follows:
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| 24 | A. Carriers lawfully engaged in transporting | ||||||
| 25 | pesticides within this State,
provided that such carrier | ||||||
| 26 | shall upon request permit the Director to copy
all records | ||||||
| 27 | showing transactions in the movement of the pesticide or | ||||||
| 28 | device.
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| 29 | B. Public officials of this State or the federal | ||||||
| 30 | government while engaged
in the performance of official | ||||||
| 31 | duties in administration of pesticide laws
or regulations.
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| 32 | C. Persons who ship a substance or mixture of | ||||||
| 33 | substances being tested
for the purpose of determining its | ||||||
| 34 | value for pesticide use, to determine
its toxicity or other | ||||||
| 35 | properties and from which such user does not derive
any | ||||||
| 36 | benefit in pest control from its use.
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| 1 | 5. No pesticide or device shall be deemed in violation of | ||||||
| 2 | this Act when
intended solely for export to a foreign country. | ||||||
| 3 | If it is not exported
all the provisions of this Act shall | ||||||
| 4 | apply.
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| 5 | (Source: P.A. 87-128.)
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