Illinois General Assembly - Full Text of HB3429
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Full Text of HB3429  102nd General Assembly

HB3429 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3429

 

Introduced 2/22/2021, by Rep. Will Guzzardi

 

SYNOPSIS AS INTRODUCED:
 
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, 2021, 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. Defines "neonicotinoid". Makes other changes. Effective immediately.


LRB102 10270 CPF 15597 b

 

 

A BILL FOR

 

HB3429LRB102 10270 CPF 15597 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, livestock
23and poultry and livestock or poultry products, seeds, sod,

 

 

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1shrubs and other products of agricultural origin including the
2premises necessary to and used directly in agricultural
3production. Agricultural commodity also includes aquatic
4products as defined in the Aquaculture Development Act.
5    5. "Animal" means all vertebrate and invertebrate species
6including, but not limited to, man and other mammals, bird,
7fish, and shellfish.
8    6. "Beneficial Insects" means those insects which during
9their life cycle are effective pollinators of plants,
10predators of pests or are otherwise beneficial.
11    7. "Certified applicator".
12        A. "Certified applicator" means any individual who is
13    certified under this Act to purchase, use, or supervise
14    the use of pesticides which are classified for restricted
15    use.
16        B. "Private applicator" means a certified applicator
17    who purchases, uses, or supervises the use of any
18    pesticide classified for restricted use, for the purpose
19    of producing any agricultural commodity on property owned,
20    rented, or otherwise controlled by him or his employer, or
21    applied to other property if done without compensation
22    other than trading of personal services between no more
23    than 2 producers of agricultural commodities.
24        C. "Licensed Commercial Applicator" means a certified
25    applicator, whether or not he is a private applicator with
26    respect to some uses, who owns or manages a business that

 

 

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1    is engaged in applying pesticides, whether classified for
2    general or restricted use, for hire. The term also applies
3    to a certified applicator who uses or supervises the use
4    of pesticides, whether classified for general or
5    restricted use, for any purpose or on property of others
6    excluding those specified by subparagraphs 7 (B), (D), (E)
7    of Section 4 of this Act.
8        D. "Commercial Not For Hire Applicator" means a
9    certified applicator who uses or supervises the use of
10    pesticides classified for general or restricted use for
11    any purpose on property of an employer when such activity
12    is a requirement of the terms of employment and such
13    application of pesticides under this certification is
14    limited to property under the control of the employer only
15    and includes, but is not limited to, the use or
16    supervision of the use of pesticides in a greenhouse
17    setting. "Commercial Not For Hire Applicator" also
18    includes a certified applicator who uses or supervises the
19    use of pesticides classified for general or restricted use
20    as an employee of a state agency, municipality, or other
21    duly constituted governmental agency or unit.
22    8. "Defoliant" means any substance or combination of
23substances which cause leaves or foliage to drop from a plant
24with or without causing abscission.
25    9. "Desiccant" means any substance or combination of
26substances intended for artificially accelerating the drying

 

 

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1of plant tissue.
2    10. "Device" means any instrument or contrivance, other
3than a firearm or equipment for application of pesticides when
4sold separately from pesticides, which is intended for
5trapping, repelling, destroying, or mitigating any pest, other
6than bacteria, virus, or other microorganisms on or living in
7man or other living animals.
8    11. "Distribute" means offer or hold for sale, sell,
9barter, ship, deliver for shipment, receive and then deliver,
10or offer to deliver pesticides, within the State.
11    12. "Environment" includes water, air, land, and all
12plants and animals including man, living therein and the
13interrelationships which exist among these.
14    13. "Equipment" means any type of instruments and
15contrivances using motorized, mechanical or pressure power
16which is used to apply any pesticide, excluding pressurized
17hand-size household apparatus containing dilute ready to apply
18pesticide or used to apply household pesticides.
19    14. "FIFRA" means the Federal Insecticide, Fungicide, and
20Rodenticide Act, as amended.
21    15. "Fungi" means any non-chlorophyll bearing
22thallophytes, any non-chlorophyll bearing plant of a lower
23order than mosses or liverworts, as for example rust, smut,
24mildew, mold, yeast and bacteria, except those on or in living
25animals including man and those on or in processed foods,
26beverages or pharmaceuticals.

 

 

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1    16. "Household Substance" means any pesticide customarily
2produced and distributed for use by individuals in or about
3the household.
4    17. "Imminent Hazard" means a situation which exists when
5continued use of a pesticide would likely result in
6unreasonable adverse effect on the environment or will involve
7unreasonable hazard to the survival of a species declared
8endangered by the U.S. Secretary of the Interior or to species
9declared to be protected by the Illinois Department of Natural
10Resources.
11    18. "Inert Ingredient" means an ingredient which is not an
12active ingredient.
13    19. "Ingredient Statement" means a statement of the name
14and percentage of each active ingredient together with the
15total percentage of inert ingredients in a pesticide and for
16pesticides containing arsenic in any form, the ingredient
17statement shall include percentage of total and water soluble
18arsenic, each calculated as elemental arsenic. In the case of
19spray adjuvants the ingredient statement need contain only the
20names of the functioning agents and the total percent of those
21constituents ineffective as spray adjuvants.
22    20. "Insect" means any of the numerous small invertebrate
23animals generally having the body more or less obviously
24segmented for the most part belonging to the class Insects,
25comprised of six-legged, usually winged forms, as for example
26beetles, caterpillars, and flies. This definition encompasses

 

 

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1other allied classes of arthropods whose members are wingless
2and usually have more than 6 legs as for example spiders,
3mites, ticks, centipedes, and millipedes.
4    21. "Label" means the written, printed or graphic matter
5on or attached to the pesticide or device or any of its
6containers or wrappings.
7    22. "Labeling" means the label and all other written,
8printed or graphic matter: (a) on the pesticide or device or
9any of its containers or wrappings, (b) accompanying the
10pesticide or device or referring to it in any other media used
11to disseminate information to the public, (c) to which
12reference is made to the pesticide or device except when
13references are made to current official publications of the U.
14S. Environmental Protection Agency, Departments of
15Agriculture, Health, Education and Welfare or other Federal
16Government institutions, the state experiment station or
17colleges of agriculture or other similar state institution
18authorized to conduct research in the field of pesticides.
19    23. "Land" means all land and water area including
20airspace, and all plants, animals, structures, buildings,
21contrivances, and machinery appurtenant thereto or situated
22thereon, fixed or mobile, including any used for
23transportation.
24    24. "Licensed Operator" means a person employed to apply
25pesticides to the lands of others under the direction of a
26"licensed commercial applicator" or a "licensed commercial

 

 

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1not-for-hire applicator".
2    25. "Nematode" means invertebrate animals of the phylum
3nemathelminthes and class nematoda, also referred to as nemas
4or eelworms, which are unsegmented roundworms with elongated
5fusiform or sac-like bodies covered with cuticle and
6inhabiting soil, water, plants or plant parts.
7    26. "Permit" means a written statement issued by the
8Director or his authorized agent, authorizing certain acts of
9pesticide purchase or of pesticide use or application on an
10interim basis prior to normal certification, registration, or
11licensing.
12    27. "Person" means any individual, partnership,
13association, fiduciary, corporation, or any organized group of
14persons whether incorporated or not.
15    28. "Pest" means (a) any insect, rodent, nematode, fungus,
16weed, or (b) any other form of terrestrial or aquatic plant or
17animal life or virus, bacteria, or other microorganism,
18excluding virus, bacteria, or other microorganism on or in
19living animals including man, which the Director declares to
20be a pest.
21    29. "Pesticide" means any substance or mixture of
22substances intended for preventing, destroying, repelling, or
23mitigating any pest or any substance or mixture of substances
24intended for use as a plant regulator, defoliant or desiccant.
25    30. "Pesticide Dealer" means any person who distributes
26registered pesticides to the user.

 

 

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1    31. "Plant Regulator" means any substance or mixture of
2substances intended through physiological action to affect the
3rate of growth or maturation or otherwise alter the behavior
4of ornamental or crop plants or the produce thereof. This does
5not include substances which are not intended as plant
6nutrient trace elements, nutritional chemicals, plant or seed
7inoculants or soil conditioners or amendments.
8    32. "Protect Health and Environment" means to guard
9against any unreasonable adverse effects on the environment.
10    33. "Registrant" means person who has registered any
11pesticide pursuant to the provision of FIFRA and this Act.
12    34. "Restricted Use Pesticide" means any pesticide with
13one or more of its uses classified as restricted by order of
14the Administrator of USEPA or the Director, or any pesticide
15which contains a neonicotinoid as defined in this Section.
16    35. "SLN Registration" means registration of a pesticide
17for use under conditions of special local need as defined by
18FIFRA.
19    36. "State Restricted Pesticide Use" means any pesticide
20use which the Director determines, subsequent to public
21hearing, that an additional restriction for that use is needed
22to prevent unreasonable adverse effects.
23    37. "Structural Pest" means any pests which attack and
24destroy buildings and other structures or which attack
25clothing, stored food, commodities stored at food
26manufacturing and processing facilities or manufactured and

 

 

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1processed goods.
2    38. "Unreasonable Adverse Effects on the Environment"
3means the unreasonable risk to the environment, including man,
4from the use of any pesticide, when taking into account
5accrued benefits of as well as the economic, social, and
6environmental costs of its use.
7    39. "USEPA" means United States Environmental Protection
8Agency.
9    40. "Use inconsistent with the label" means to use a
10pesticide in a manner not consistent with the label
11instruction, the definition adopted in FIFRA as interpreted by
12USEPA shall apply in Illinois.
13    41. "Weed" means any plant growing in a place where it is
14not wanted.
15    42. "Wildlife" means all living things, not human,
16domestic, or pests.
17    43. "Bulk pesticide" means any registered pesticide which
18is transported or held in an individual container in undivided
19quantities of greater than 55 U.S. gallons liquid measure or
20100 pounds net dry weight.
21    44. "Bulk repackaging" means the transfer of a registered
22pesticide from one bulk container (containing undivided
23quantities of greater than 100 U.S. gallons liquid measure or
24100 pounds net dry weight) to another bulk container
25(containing undivided quantities of greater than 100 U.S.
26gallons liquid measure or 100 pounds net dry weight) in an

 

 

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1unaltered state in preparation for sale or distribution to
2another person.
3    45. "Business" means any individual, partnership,
4corporation or association engaged in a business operation for
5the purpose of selling or distributing pesticides or providing
6the service of application of pesticides in this State.
7    46. "Facility" means any building or structure and all
8real property contiguous thereto, including all equipment
9fixed thereon used for the operation of the business.
10    47. "Chemigation" means the application of a pesticide
11through the systems or equipment employed for the primary
12purpose of irrigation of land and crops.
13    48. "Use" means any activity covered by the pesticide
14label including but not limited to application of pesticide,
15mixing and loading, storage of pesticides or pesticide
16containers, disposal of pesticides and pesticide containers
17and reentry into treated sites or areas.
18    49. "Neonicotinoid" means any pesticide that contains
19clothianidin, imidacloprid, thiamethoxam, dinotefuran,
20acetamiprid, thiacloprid, nithiazine, nitenpyram, or other
21neonicotinoid as may be identified by rules adopted by the
22Department of Agriculture.
23(Source: P.A. 99-540, eff. 1-1-17; 100-201, eff. 8-18-17.)
 
24    (415 ILCS 60/14.1 new)
25    Sec. 14.1. Neonicotinoids. On and after January 1, 2021,

 

 

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1no pesticide containing a neonicotinoid may be used outdoors
2on any land owned or maintained by the State, except for use
3in:
4    (a) structural pest control; or
5    (b) abatement of non-native insect borers, such as Agrilus
6planipennis or related or similar insect pests, subject to the
7following:
8        (1) Abatement application is restricted to the
9    following methods:
10            (A) Basal bark spray.
11            (B) Basal drench solely at the base of a tree.
12            (C) Soil injection solely at the base of a tree.
13            (D) Systemic root flare or trunk injection.
14        (2) Broadcast soil treatment, foliar spraying, or
15    dusting is not permitted.
16        (3) Abatement application made to a zoophilous species
17    shall occur after the blooming period has passed and early
18    enough to ensure that chemical decomposition occurs prior
19    to the following bloom season.
20    (c) For purposes of this Section, "zoophilous species"
21means plants pollinated by insects, birds, or bats.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.