Sen. John M. Sullivan
Filed: 3/19/2010
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1 | AMENDMENT TO HOUSE BILL 4866
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2 | AMENDMENT NO. ______. Amend House Bill 4866 by replacing | ||||||
3 | line 2 on page 16 through line 1 on page 20 with the following:
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4 | "(415 ILCS 60/6) (from Ch. 5, par. 806)
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5 | Sec. 6. Registration.
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6 | 1. Every pesticide which is distributed, sold,
offered for | ||||||
7 | sale within this State, delivered for transportation or
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8 | transported in interstate commerce or between points within the | ||||||
9 | State
through any point outside the State, shall be registered | ||||||
10 | with the Director
or his designated agent, subject to | ||||||
11 | provisions of this Act. Such
registration shall be for a period | ||||||
12 | determined under item 1.5 of this Section and shall expire on | ||||||
13 | December 31st be renewed annually with registrations expiring | ||||||
14 | December
31 each year . Registration is not required if a | ||||||
15 | pesticide is shipped from
one plant or warehouse to another | ||||||
16 | plant or warehouse by the same person and
is used solely at | ||||||
17 | such plant or warehouse as a constituent part to make a
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1 | pesticide which is registered under provisions of this Act and | ||||||
2 | FIFRA.
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3 | 1.5. In order to stagger product registrations, the | ||||||
4 | Department shall, for the 2011 registration year, register half | ||||||
5 | of the applicants and their products for one year and the other | ||||||
6 | half for 2 years. Thereafter, a business registration and | ||||||
7 | product registration shall be for 2 years. | ||||||
8 | 2. Registration applicant shall file a statement with the | ||||||
9 | Director which
shall include:
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10 | A. The name and address of the applicant and the name | ||||||
11 | and address of the
person whose name will appear on the | ||||||
12 | label if different from the applicant's.
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13 | B. The name of the pesticide.
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14 | C. A copy of the labeling accompanying the pesticide | ||||||
15 | under customary conditions
of distribution, sale and use, | ||||||
16 | including ingredient statement, direction
for use, use | ||||||
17 | classification, and precautionary or warning statements.
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18 | 3. The Director may require the submission of complete | ||||||
19 | formula data.
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20 | 4. The Director may require a full description of tests | ||||||
21 | made and the results
thereof, upon which the claims are based, | ||||||
22 | for any pesticide not registered
pursuant to FIFRA, or on any | ||||||
23 | pesticide under consideration
to be classified for restricted | ||||||
24 | use.
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25 | A. The Director will not consider data he required of | ||||||
26 | the initial
registrant of a pesticide in support of another |
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1 | applicants' registration
unless the subsequent applicant | ||||||
2 | has obtained written permission to use such data.
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3 | B. In the case of renewal registration, the Director | ||||||
4 | may accept a
statement only with respect to information | ||||||
5 | which is different from that
furnished previously.
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6 | 5. The Director may prescribe other requirements to support | ||||||
7 | a pesticide
registration by regulation.
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8 | 6. For the years preceding the year 2004, any registrant | ||||||
9 | desiring to
register a pesticide product at any
time during one | ||||||
10 | year shall pay the annual registration fee of
$100 per product | ||||||
11 | registered for that applicant.
For the years 2004 through 2010 | ||||||
12 | and thereafter , the annual product registration
fee is $200 per | ||||||
13 | product. For the years 2011 and thereafter, the product | ||||||
14 | registration fee shall be $300 per product per year and shall | ||||||
15 | be paid at the time of registration.
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16 | In addition, for the years preceding the year 2004 any | ||||||
17 | business
registering a pesticide product at any time
during one | ||||||
18 | year shall pay the annual business registration
fee of $250. | ||||||
19 | For the years 2004 through 2010 and thereafter , the annual | ||||||
20 | business
registration fee shall be $400. For the years 2011 and | ||||||
21 | thereafter, the business registration fee shall be $400 per | ||||||
22 | year and shall be paid at the time of registration. Each legal | ||||||
23 | entity of the business
shall pay
the
annual business | ||||||
24 | registration fee.
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25 | For the years preceding the year 2004, any applicant | ||||||
26 | requesting an
experimental use permit shall pay the annual
fee |
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1 | of $100 per permit and all special local need
pesticide
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2 | registration
applicants shall pay an annual fee of $100 per | ||||||
3 | product. For the
years 2004 through 2010 and thereafter , the | ||||||
4 | annual
experimental use permit fee and special local need | ||||||
5 | pesticide registration fee
is $200 per permit. For the years | ||||||
6 | 2011 and thereafter, the annual experimental use permit and | ||||||
7 | special local need pesticide registration fee shall be $300 per | ||||||
8 | product. Subsequent
SLN
registrations for a pesticide already | ||||||
9 | registered shall be exempted from the
registration fee.
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10 | A. All registration accepted and approved by the | ||||||
11 | Director shall expire
on the 31st day of December in any | ||||||
12 | one year unless cancelled.
Registration for a special local | ||||||
13 | need may be granted for a specific
period of time with the | ||||||
14 | approval date and expiration date specified.
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15 | B. If a registration for special local need granted by | ||||||
16 | the Director does
not receive approval of the Administrator | ||||||
17 | of USEPA, the registration shall
expire on the date of the | ||||||
18 | Administrator's disapproval.
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19 | 7. Registrations approved and accepted by the Director and | ||||||
20 | in effect on
the 31st day of December, for which renewal | ||||||
21 | application is made, shall continue
in full force and effect | ||||||
22 | until the Director notifies the registrant that
the renewal has | ||||||
23 | been approved and accepted or the registration is denied
under | ||||||
24 | this Act. Renewal registration forms will be provided to | ||||||
25 | applicants
by the Director.
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26 | 8. If the renewal of a pesticide registration is not filed |
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1 | within 30
days of the date of expiration, a penalty late | ||||||
2 | registration assessment of
$400 $300 per product shall apply in | ||||||
3 | lieu of the normal annual product
registration fee. The late | ||||||
4 | registration assessment shall not
apply if the applicant | ||||||
5 | furnishes an affidavit certifying that no
unregulated | ||||||
6 | pesticide was distributed or sold during the period of
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7 | registration. The late assessment is not a bar to prosecution | ||||||
8 | for doing
business without proper registry.
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9 | 9. The Director may prescribe by regulation to allow | ||||||
10 | pesticide use for
a special local need, pursuant to FIFRA.
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11 | 10. The Director may prescribe by regulation the provisions | ||||||
12 | for and
requirements of registering a pesticide intended for | ||||||
13 | experimental use.
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14 | 11. The Director shall not make any lack of essentiality a | ||||||
15 | criterion for
denial of registration of any pesticide. Where 2 | ||||||
16 | pesticides meet the
requirements, one should not be registered | ||||||
17 | in preference to the other.
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18 | 12. It shall be the duty of the pesticide registrant to | ||||||
19 | properly
dispose of any pesticide the registration of which has | ||||||
20 | been suspended,
revoked or cancelled or which is otherwise not | ||||||
21 | properly registered
in the State.
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22 | (Source: P.A. 93-32, eff. 7-1-03.)".
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