State of Illinois
2023 and 2024


Introduced 1/31/2023, by Sen. Karina Villa


415 ILCS 60/4  from Ch. 5, par. 804
415 ILCS 60/14.1 new

    Amends the Illinois Pesticide Act. Provides that, on and after January 1, 2024, no pesticide containing a neonicotinoid may be used outdoors on any land owned or maintained by the State, except for use in structural pest control or abatement of non-native insect borers, subject to specified restrictions. Provides that the provisions do not prohibit: (i) the use of seeds that are pretreated with neonicotinoids on public lands owned or maintained by the State; (ii) the use of neonicotinoids on property belonging to a public institution of higher education; or (iii) the use of neonicotinoids for wood preservation. Defines "neonicotinoid". Provides that "Restricted Use Pesticide" does not include a pesticide containing a neonicotinoid that is applied by a licensed applicator or certified technician working in structural pest control. Makes other changes. Effective immediately.

LRB103 26373 CPF 52735 b





SB0187LRB103 26373 CPF 52735 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Pesticide Act is amended by
5changing Section 4 and by adding Section 14.1 as follows:
6    (415 ILCS 60/4)  (from Ch. 5, par. 804)
7    Sec. 4. Definitions. As used in this Act:
8    1. "Director" means Director of the Illinois Department of
9Agriculture or his authorized representative.
10    2. "Active Ingredient" means any ingredient which will
11prevent, destroy, repel, control or mitigate a pest or which
12will act as a plant regulator, defoliant or desiccant.
13    3. "Adulterated" shall apply to any pesticide if the
14strength or purity is not within the standard of quality
15expressed on the labeling under which it is sold, distributed
16or used, including any substance which has been substituted
17wholly or in part for the pesticide as specified on the
18labeling under which it is sold, distributed or used, or if any
19valuable constituent of the pesticide has been wholly or in
20part abstracted.
21    4. "Agricultural Commodity" means produce of the land,
22including, but not limited to, plants and plant parts,
23livestock and poultry and livestock or poultry products,



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1seeds, sod, shrubs and other products of agricultural origin
2including the premises necessary to and used directly in
3agricultural production. Agricultural commodity also includes
4aquatic products, including any aquatic plants and animals or
5their by-products that are produced, grown, managed, harvested
6and marketed on an annual, semi-annual, biennial or short-term
7basis, in permitted aquaculture facilities.
8    5. "Animal" means all vertebrate and invertebrate species
9including, but not limited to, man and other mammals, bird,
10fish, and shellfish.
11    5.5. "Barrier mosquitocide" means a pesticide that is
12formulated to kill adult mosquitoes and that is applied so as
13to leave a residual mosquitocidal coating on natural or
14manmade surfaces. "Barrier mosquitocide" does not include a
15product that is exempt from registration under the Federal
16Insecticide, Fungicide, and Rodenticide Act, or rules adopted
17pursuant to that Act.
18    5.6. "Barrier mosquitocide treatment" means application of
19a barrier mosquitocide to a natural or manmade surface.
20    6. "Beneficial Insects" means those insects which during
21their life cycle are effective pollinators of plants,
22predators of pests or are otherwise beneficial.
23    7. "Certified applicator".
24        A. "Certified applicator" means any individual who is
25    certified under this Act to purchase, use, or supervise
26    the use of pesticides which are classified for restricted



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1    use.
2        B. "Private applicator" means a certified applicator
3    who purchases, uses, or supervises the use of any
4    pesticide classified for restricted use, for the purpose
5    of producing any agricultural commodity on property owned,
6    rented, or otherwise controlled by him or his employer, or
7    applied to other property if done without compensation
8    other than trading of personal services between no more
9    than 2 producers of agricultural commodities.
10        C. "Licensed Commercial Applicator" means a certified
11    applicator, whether or not he is a private applicator with
12    respect to some uses, who owns or manages a business that
13    is engaged in applying pesticides, whether classified for
14    general or restricted use, for hire. The term also applies
15    to a certified applicator who uses or supervises the use
16    of pesticides, whether classified for general or
17    restricted use, for any purpose or on property of others
18    excluding those specified by subparagraphs 7 (B), (D), (E)
19    of Section 4 of this Act.
20        D. "Commercial Not For Hire Applicator" means a
21    certified applicator who uses or supervises the use of
22    pesticides classified for general or restricted use for
23    any purpose on property of an employer when such activity
24    is a requirement of the terms of employment and such
25    application of pesticides under this certification is
26    limited to property under the control of the employer only



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1    and includes, but is not limited to, the use or
2    supervision of the use of pesticides in a greenhouse
3    setting. "Commercial Not For Hire Applicator" also
4    includes a certified applicator who uses or supervises the
5    use of pesticides classified for general or restricted use
6    as an employee of a state agency, municipality, or other
7    duly constituted governmental agency or unit.
8    8. "Defoliant" means any substance or combination of
9substances which cause leaves or foliage to drop from a plant
10with or without causing abscission.
11    9. "Desiccant" means any substance or combination of
12substances intended for artificially accelerating the drying
13of plant tissue.
14    10. "Device" means any instrument or contrivance, other
15than a firearm or equipment for application of pesticides when
16sold separately from pesticides, which is intended for
17trapping, repelling, destroying, or mitigating any pest, other
18than bacteria, virus, or other microorganisms on or living in
19man or other living animals.
20    11. "Distribute" means offer or hold for sale, sell,
21barter, ship, deliver for shipment, receive and then deliver,
22or offer to deliver pesticides, within the State.
23    12. "Environment" includes water, air, land, and all
24plants and animals including man, living therein and the
25interrelationships which exist among these.
26    13. "Equipment" means any type of instruments and



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1contrivances using motorized, mechanical or pressure power
2which is used to apply any pesticide, excluding pressurized
3hand-size household apparatus containing dilute ready to apply
4pesticide or used to apply household pesticides.
5    14. "FIFRA" means the Federal Insecticide, Fungicide, and
6Rodenticide Act, as amended.
7    15. "Fungi" means any non-chlorophyll bearing
8thallophytes, any non-chlorophyll bearing plant of a lower
9order than mosses or liverworts, as for example rust, smut,
10mildew, mold, yeast and bacteria, except those on or in living
11animals including man and those on or in processed foods,
12beverages or pharmaceuticals.
13    16. "Household Substance" means any pesticide customarily
14produced and distributed for use by individuals in or about
15the household.
16    17. "Imminent Hazard" means a situation which exists when
17continued use of a pesticide would likely result in
18unreasonable adverse effects effect on the environment or will
19involve unreasonable hazard to the survival of a species
20declared endangered by the U.S. Secretary of the Interior or
21to species declared to be protected by the Illinois Department
22of Natural Resources.
23    18. "Inert Ingredient" means an ingredient which is not an
24active ingredient.
25    19. "Ingredient Statement" means a statement of the name
26and percentage of each active ingredient together with the



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1total percentage of inert ingredients in a pesticide and for
2pesticides containing arsenic in any form, the ingredient
3statement shall include percentage of total and water soluble
4arsenic, each calculated as elemental arsenic. In the case of
5spray adjuvants the ingredient statement need contain only the
6names of the functioning agents and the total percent of those
7constituents ineffective as spray adjuvants.
8    20. "Insect" means any of the numerous small invertebrate
9animals generally having the body more or less obviously
10segmented for the most part belonging to the class Insects,
11comprised of six-legged, usually winged forms, as for example
12beetles, caterpillars, and flies. This definition encompasses
13other allied classes of arthropods whose members are wingless
14and usually have more than 6 legs as for example spiders,
15mites, ticks, centipedes, and millipedes.
16    21. "Label" means the written, printed or graphic matter
17on or attached to the pesticide or device or any of its
18containers or wrappings.
19    22. "Labeling" means the label and all other written,
20printed or graphic matter: (a) on the pesticide or device or
21any of its containers or wrappings, (b) accompanying the
22pesticide or device or referring to it in any other media used
23to disseminate information to the public, (c) to which
24reference is made to the pesticide or device except when
25references are made to current official publications of the U.
26S. Environmental Protection Agency, Departments of



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1Agriculture, Health, Education and Welfare or other Federal
2Government institutions, the state experiment station or
3colleges of agriculture or other similar state institution
4authorized to conduct research in the field of pesticides.
5    23. "Land" means all land and water area including
6airspace, and all plants, animals, structures, buildings,
7contrivances, and machinery appurtenant thereto or situated
8thereon, fixed or mobile, including any used for
10    24. "Licensed Operator" means a person employed to apply
11pesticides to the lands of others under the direction of a
12"licensed commercial applicator" or a "licensed commercial
13not-for-hire applicator".
14    25. "Nematode" means invertebrate animals of the phylum
15nemathelminthes and class nematoda, also referred to as nemas
16or eelworms, which are unsegmented roundworms with elongated
17fusiform or sac-like bodies covered with cuticle and
18inhabiting soil, water, plants or plant parts.
19    26. "Permit" means a written statement issued by the
20Director or his authorized agent, authorizing certain acts of
21pesticide purchase or of pesticide use or application on an
22interim basis prior to normal certification, registration, or
24    27. "Person" means any individual, partnership,
25association, fiduciary, corporation, or any organized group of
26persons whether incorporated or not.



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1    28. "Pest" means (a) any insect, rodent, nematode, fungus,
2weed, or (b) any other form of terrestrial or aquatic plant or
3animal life or virus, bacteria, or other microorganism,
4excluding virus, bacteria, or other microorganism on or in
5living animals including man, which the Director declares to
6be a pest.
7    29. "Pesticide" means any substance or mixture of
8substances intended for preventing, destroying, repelling, or
9mitigating any pest or any substance or mixture of substances
10intended for use as a plant regulator, defoliant or desiccant.
11    30. "Pesticide Dealer" means any person who distributes
12registered pesticides to the user.
13    31. "Plant Regulator" means any substance or mixture of
14substances intended through physiological action to affect the
15rate of growth or maturation or otherwise alter the behavior
16of ornamental or crop plants or the produce thereof. This does
17not include substances which are not intended as plant
18nutrient trace elements, nutritional chemicals, plant or seed
19inoculants or soil conditioners or amendments.
20    32. "Protect Health and Environment" means to guard
21against any unreasonable adverse effects on the environment.
22    33. "Registrant" means person who has registered any
23pesticide pursuant to the provision of FIFRA and this Act.
24    34. "Restricted Use Pesticide" means (i) any pesticide
25with one or more of its uses classified as restricted by order
26of the Administrator of USEPA or the Director or (ii) any



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1pesticide that contains a neonicotinoid. "Restricted Use
2Pesticide" does not include a pesticide containing a
3neonicotinoid that is applied by a licensed applicator or
4certified technician working in structural pest control.
5    35. "SLN Registration" means registration of a pesticide
6for use under conditions of special local need as defined by
8    36. "State Restricted Pesticide Use" means any pesticide
9use which the Director determines, subsequent to public
10hearing, that an additional restriction for that use is needed
11to prevent unreasonable adverse effects.
12    37. "Structural Pest" means any pests which attack and
13destroy buildings and other structures or which attack
14clothing, stored food, commodities stored at food
15manufacturing and processing facilities or manufactured and
16processed goods.
17    38. "Unreasonable Adverse Effects on the Environment"
18means the unreasonable risk to the environment, including man,
19from the use of any pesticide, when taking into account
20accrued benefits of as well as the economic, social, and
21environmental costs of its use.
22    39. "USEPA" means United States Environmental Protection
24    40. "Use inconsistent with the label" means to use a
25pesticide in a manner not consistent with the label
26instruction, the definition adopted in FIFRA as interpreted by



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1USEPA shall apply in Illinois.
2    41. "Weed" means any plant growing in a place where it is
3not wanted.
4    42. "Wildlife" means all living things, not human,
5domestic, or pests.
6    43. "Bulk pesticide" means any registered pesticide which
7is transported or held in an individual container in undivided
8quantities of greater than 55 U.S. gallons liquid measure or
9100 pounds net dry weight.
10    44. "Bulk repackaging" means the transfer of a registered
11pesticide from one bulk container (containing undivided
12quantities of greater than 100 U.S. gallons liquid measure or
13100 pounds net dry weight) to another bulk container
14(containing undivided quantities of greater than 100 U.S.
15gallons liquid measure or 100 pounds net dry weight) in an
16unaltered state in preparation for sale or distribution to
17another person.
18    45. "Business" means any individual, partnership,
19corporation or association engaged in a business operation for
20the purpose of selling or distributing pesticides or providing
21the service of application of pesticides in this State.
22    46. "Facility" means any building or structure and all
23real property contiguous thereto, including all equipment
24fixed thereon used for the operation of the business.
25    47. "Chemigation" means the application of a pesticide
26through the systems or equipment employed for the primary



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1purpose of irrigation of land and crops.
2    48. "Use" means any activity covered by the pesticide
3label, including, but not limited to, application of
4pesticide, mixing and loading, storage of pesticides or
5pesticide containers, disposal of pesticides and pesticide
6containers and reentry into treated sites or areas.
7    49. "Neonicotinoid" means any pesticide, excluding any
8wood preservative pesticide, that contains clothianidin,
9imidacloprid, thiamethoxam, dinotefuran, acetamiprid,
10thiacloprid, nithiazine, nitenpyram, or any other
11neonicotinoid as may be identified by rules adopted by the
12Department of Agriculture.
13(Source: P.A. 102-555, eff. 1-1-22; 102-916, eff. 1-1-23;
14revised 12-12-22.)
15    (415 ILCS 60/14.1 new)
16    Sec. 14.1. Neonicotinoids.
17    (a) On and after January 1, 2024, no pesticide containing
18a neonicotinoid may be used outdoors on any land owned or
19maintained by the State, except, in accordance with subsection
20(b), for:
21        (1) structural pest control; or
22        (2) abatement of non-native insect borers, such as
23    Agrilus planipennis or related or similar insect pests.
24    (b) On and after January 1, 2024, no pesticide containing
25a neonicotinoid may be used outdoors on any land owned or



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1maintained by the State for structural pest control or
2abatement of non-native insect borers, unless:
3        (1) abatement application is restricted to:
4            (A) basal bark spray;
5            (B) basal drench solely at the base of a tree;
6            (C) soil injection solely at the base of a tree; or
7            (D) systemic root flare or trunk injection;
8        (2) no broadcast soil treatment, foliar spraying, or
9    dusting is used; and
10        (3) abatement application made to a zoophilous species
11    occurs after the blooming period has passed and early
12    enough to ensure that chemical decomposition occurs before
13    the following bloom season.
14    (c) This Section does not prohibit:
15        (1) the use of seeds that are pretreated with
16    neonicotinoids on public lands owned or maintained by the
17    State;
18        (2) the use of neonicotinoids on property belonging to
19    a public institution of higher education; or
20        (3) the use of neonicotinoids for wood preservation.
21    (d) For purposes of this Section, "zoophilous species"
22means plants pollinated by insects, birds, or bats.
23    Section 99. Effective date. This Act takes effect upon
24becoming law.