Illinois General Assembly - Full Text of SB2395
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Full Text of SB2395  102nd General Assembly




SB2395 EnrolledLRB102 17028 KMF 22452 b

1    AN ACT concerning fish.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    (20 ILCS 205/205-60 rep.)
5    Section 5. The Civil Administrative Code of Illinois is
6amended by repealing Section 205-60.
7    (20 ILCS 215/Act rep.)
8    Section 10. The Aquaculture Development Act is repealed.
9    Section 15. The Illinois Municipal Code is amended by
10changing Section 11-15.4-5 as follows:
11    (65 ILCS 5/11-15.4-5)
12    Sec. 11-15.4-5. Definitions. As used in this Division:
13    "Agricultural product" means an agricultural,
14horticultural, viticultural, aquacultural, or vegetable
15product, either in its natural or processed state, that has
16been produced, processed, or otherwise had value added to it
17in this State. "Agricultural product" includes, but is not
18limited to, growing of grapes that will be processed into
19wine; bees; honey; fish or other aquacultural product;
20planting seed; livestock or livestock product; forestry
21product; and poultry or poultry product.



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1    "Aquaculture" means the controlled propagation, growth and
2harvest of aquatic organisms, including but not limited to
3fish, shellfish, mollusks, crustaceans, algae and other
4aquatic plants, by an aquaculturist and "aquatic products"
5have the meanings given to those terms in Section 4 of the
6Aquaculture Development Act.
7    "Aquatic products" means any aquatic plants and animals or
8their by-products that are produced, grown, managed, harvested
9and marketed on an annual, semi-annual, biennial or short-term
10basis, in permitted aquaculture facilities.
11    "Department" means the Department of Agriculture.
12    "Livestock" means cattle; calves; sheep; swine; ratite
13birds, including, but not limited to, ostrich and emu; aquatic
14products obtained through aquaculture; llamas; alpaca;
15buffalo; elk documented as obtained from a legal source and
16not from the wild; goats; horses and other equines; or rabbits
17raised in confinement for human consumption.
18    "Locally grown" means a product that was grown or raised
19in the same county or adjoining county in which the urban
20agricultural area is located.
21    "Partner organization" means a nonprofit organization that
22meets standards set forth by Section 501(c)(3) of the Internal
23Revenue Code and whose mission includes supporting small,
24beginning, limited resource, or socially-disadvantaged farmers
25within municipalities.
26    "Poultry" means any domesticated bird intended for human



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2    "Qualifying farmer" means an individual or entity that
3meets at least one of the following:
4        (1) is a small or medium sized farmer;
5        (2) is a beginning farmer;
6        (3) is a limited resource farmer; or
7        (4) is a socially-disadvantaged farmer.
8    "Small or medium sized farmer", "beginning farmer",
9"limited resource farmer", and "socially-disadvantaged farmer"
10have the meanings given to those terms in rules adopted by the
11Department as provided in Section 205-65 of the Department of
12Agriculture Law.
13    "Urban agricultural area" means an area defined by a
14municipality and entirely within that municipality's
15boundaries within which one or more qualifying farmers are
16processing, growing, raising, or otherwise producing
17locally-grown agricultural products.
18(Source: P.A. 100-1133, eff. 1-1-19.)
19    Section 20. The Illinois Pesticide Act is amended by
20changing Section 4 as follows:
21    (415 ILCS 60/4)  (from Ch. 5, par. 804)
22    Sec. 4. Definitions. As used in this Act:
23    1. "Director" means Director of the Illinois Department of
24Agriculture or his authorized representative.



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1    2. "Active Ingredient" means any ingredient which will
2prevent, destroy, repel, control or mitigate a pest or which
3will act as a plant regulator, defoliant or desiccant.
4    3. "Adulterated" shall apply to any pesticide if the
5strength or purity is not within the standard of quality
6expressed on the labeling under which it is sold, distributed
7or used, including any substance which has been substituted
8wholly or in part for the pesticide as specified on the
9labeling under which it is sold, distributed or used, or if any
10valuable constituent of the pesticide has been wholly or in
11part abstracted.
12    4. "Agricultural Commodity" means produce of the land
13including but not limited to plants and plant parts, livestock
14and poultry and livestock or poultry products, seeds, sod,
15shrubs and other products of agricultural origin including the
16premises necessary to and used directly in agricultural
17production. Agricultural commodity also includes aquatic
18products, including any aquatic plants and animals or their
19by-products that are produced, grown, managed, harvested and
20marketed on an annual, semi-annual, biennial or short-term
21basis, in permitted aquaculture facilities as defined in the
22Aquaculture Development Act.
23    5. "Animal" means all vertebrate and invertebrate species
24including, but not limited to, man and other mammals, bird,
25fish, and shellfish.
26    6. "Beneficial Insects" means those insects which during



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



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1    certified applicator who uses or supervises the use of
2    pesticides classified for general or restricted use for
3    any purpose on property of an employer when such activity
4    is a requirement of the terms of employment and such
5    application of pesticides under this certification is
6    limited to property under the control of the employer only
7    and includes, but is not limited to, the use or
8    supervision of the use of pesticides in a greenhouse
9    setting. "Commercial Not For Hire Applicator" also
10    includes a certified applicator who uses or supervises the
11    use of pesticides classified for general or restricted use
12    as an employee of a state agency, municipality, or other
13    duly constituted governmental agency or unit.
14    8. "Defoliant" means any substance or combination of
15substances which cause leaves or foliage to drop from a plant
16with or without causing abscission.
17    9. "Desiccant" means any substance or combination of
18substances intended for artificially accelerating the drying
19of plant tissue.
20    10. "Device" means any instrument or contrivance, other
21than a firearm or equipment for application of pesticides when
22sold separately from pesticides, which is intended for
23trapping, repelling, destroying, or mitigating any pest, other
24than bacteria, virus, or other microorganisms on or living in
25man or other living animals.
26    11. "Distribute" means offer or hold for sale, sell,



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1barter, ship, deliver for shipment, receive and then deliver,
2or offer to deliver pesticides, within the State.
3    12. "Environment" includes water, air, land, and all
4plants and animals including man, living therein and the
5interrelationships which exist among these.
6    13. "Equipment" means any type of instruments and
7contrivances using motorized, mechanical or pressure power
8which is used to apply any pesticide, excluding pressurized
9hand-size household apparatus containing dilute ready to apply
10pesticide or used to apply household pesticides.
11    14. "FIFRA" means the Federal Insecticide, Fungicide, and
12Rodenticide Act, as amended.
13    15. "Fungi" means any non-chlorophyll bearing
14thallophytes, any non-chlorophyll bearing plant of a lower
15order than mosses or liverworts, as for example rust, smut,
16mildew, mold, yeast and bacteria, except those on or in living
17animals including man and those on or in processed foods,
18beverages or pharmaceuticals.
19    16. "Household Substance" means any pesticide customarily
20produced and distributed for use by individuals in or about
21the household.
22    17. "Imminent Hazard" means a situation which exists when
23continued use of a pesticide would likely result in
24unreasonable adverse effect on the environment or will involve
25unreasonable hazard to the survival of a species declared
26endangered by the U.S. Secretary of the Interior or to species



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1declared to be protected by the Illinois Department of Natural
3    18. "Inert Ingredient" means an ingredient which is not an
4active ingredient.
5    19. "Ingredient Statement" means a statement of the name
6and percentage of each active ingredient together with the
7total percentage of inert ingredients in a pesticide and for
8pesticides containing arsenic in any form, the ingredient
9statement shall include percentage of total and water soluble
10arsenic, each calculated as elemental arsenic. In the case of
11spray adjuvants the ingredient statement need contain only the
12names of the functioning agents and the total percent of those
13constituents ineffective as spray adjuvants.
14    20. "Insect" means any of the numerous small invertebrate
15animals generally having the body more or less obviously
16segmented for the most part belonging to the class Insects,
17comprised of six-legged, usually winged forms, as for example
18beetles, caterpillars, and flies. This definition encompasses
19other allied classes of arthropods whose members are wingless
20and usually have more than 6 legs as for example spiders,
21mites, ticks, centipedes, and millipedes.
22    21. "Label" means the written, printed or graphic matter
23on or attached to the pesticide or device or any of its
24containers or wrappings.
25    22. "Labeling" means the label and all other written,
26printed or graphic matter: (a) on the pesticide or device or



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1any of its containers or wrappings, (b) accompanying the
2pesticide or device or referring to it in any other media used
3to disseminate information to the public, (c) to which
4reference is made to the pesticide or device except when
5references are made to current official publications of the U.
6S. Environmental Protection Agency, Departments of
7Agriculture, Health, Education and Welfare or other Federal
8Government institutions, the state experiment station or
9colleges of agriculture or other similar state institution
10authorized to conduct research in the field of pesticides.
11    23. "Land" means all land and water area including
12airspace, and all plants, animals, structures, buildings,
13contrivances, and machinery appurtenant thereto or situated
14thereon, fixed or mobile, including any used for
16    24. "Licensed Operator" means a person employed to apply
17pesticides to the lands of others under the direction of a
18"licensed commercial applicator" or a "licensed commercial
19not-for-hire applicator".
20    25. "Nematode" means invertebrate animals of the phylum
21nemathelminthes and class nematoda, also referred to as nemas
22or eelworms, which are unsegmented roundworms with elongated
23fusiform or sac-like bodies covered with cuticle and
24inhabiting soil, water, plants or plant parts.
25    26. "Permit" means a written statement issued by the
26Director or his authorized agent, authorizing certain acts of



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1pesticide purchase or of pesticide use or application on an
2interim basis prior to normal certification, registration, or
4    27. "Person" means any individual, partnership,
5association, fiduciary, corporation, or any organized group of
6persons whether incorporated or not.
7    28. "Pest" means (a) any insect, rodent, nematode, fungus,
8weed, or (b) any other form of terrestrial or aquatic plant or
9animal life or virus, bacteria, or other microorganism,
10excluding virus, bacteria, or other microorganism on or in
11living animals including man, which the Director declares to
12be a pest.
13    29. "Pesticide" means any substance or mixture of
14substances intended for preventing, destroying, repelling, or
15mitigating any pest or any substance or mixture of substances
16intended for use as a plant regulator, defoliant or desiccant.
17    30. "Pesticide Dealer" means any person who distributes
18registered pesticides to the user.
19    31. "Plant Regulator" means any substance or mixture of
20substances intended through physiological action to affect the
21rate of growth or maturation or otherwise alter the behavior
22of ornamental or crop plants or the produce thereof. This does
23not include substances which are not intended as plant
24nutrient trace elements, nutritional chemicals, plant or seed
25inoculants or soil conditioners or amendments.
26    32. "Protect Health and Environment" means to guard



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1against any unreasonable adverse effects on the environment.
2    33. "Registrant" means person who has registered any
3pesticide pursuant to the provision of FIFRA and this Act.
4    34. "Restricted Use Pesticide" means any pesticide with
5one or more of its uses classified as restricted by order of
6the Administrator of USEPA.
7    35. "SLN Registration" means registration of a pesticide
8for use under conditions of special local need as defined by
10    36. "State Restricted Pesticide Use" means any pesticide
11use which the Director determines, subsequent to public
12hearing, that an additional restriction for that use is needed
13to prevent unreasonable adverse effects.
14    37. "Structural Pest" means any pests which attack and
15destroy buildings and other structures or which attack
16clothing, stored food, commodities stored at food
17manufacturing and processing facilities or manufactured and
18processed goods.
19    38. "Unreasonable Adverse Effects on the Environment"
20means the unreasonable risk to the environment, including man,
21from the use of any pesticide, when taking into account
22accrued benefits of as well as the economic, social, and
23environmental costs of its use.
24    39. "USEPA" means United States Environmental Protection
26    40. "Use inconsistent with the label" means to use a



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1pesticide in a manner not consistent with the label
2instruction, the definition adopted in FIFRA as interpreted by
3USEPA shall apply in Illinois.
4    41. "Weed" means any plant growing in a place where it is
5not wanted.
6    42. "Wildlife" means all living things, not human,
7domestic, or pests.
8    43. "Bulk pesticide" means any registered pesticide which
9is transported or held in an individual container in undivided
10quantities of greater than 55 U.S. gallons liquid measure or
11100 pounds net dry weight.
12    44. "Bulk repackaging" means the transfer of a registered
13pesticide from one bulk container (containing undivided
14quantities of greater than 100 U.S. gallons liquid measure or
15100 pounds net dry weight) to another bulk container
16(containing undivided quantities of greater than 100 U.S.
17gallons liquid measure or 100 pounds net dry weight) in an
18unaltered state in preparation for sale or distribution to
19another person.
20    45. "Business" means any individual, partnership,
21corporation or association engaged in a business operation for
22the purpose of selling or distributing pesticides or providing
23the service of application of pesticides in this State.
24    46. "Facility" means any building or structure and all
25real property contiguous thereto, including all equipment
26fixed thereon used for the operation of the business.



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1    47. "Chemigation" means the application of a pesticide
2through the systems or equipment employed for the primary
3purpose of irrigation of land and crops.
4    48. "Use" means any activity covered by the pesticide
5label including but not limited to application of pesticide,
6mixing and loading, storage of pesticides or pesticide
7containers, disposal of pesticides and pesticide containers
8and reentry into treated sites or areas.
9(Source: P.A. 99-540, eff. 1-1-17; 100-201, eff. 8-18-17.)
10    Section 25. The Agricultural Areas Conservation and
11Protection Act is amended by changing Section 3.02 as follows:
12    (505 ILCS 5/3.02)  (from Ch. 5, par. 1003.02)
13    Sec. 3.02. "Crops, livestock and livestock and aquatic
14products" include but are not limited to the following:
15legume, hay, grain, fruit, and truck or vegetable crops,
16floriculture, horticulture, mushroom growing, nurseries,
17orchards, forestry, greenhouses and aquatic products,
18including any aquatic plants and animals or their by-products
19that are produced, grown, managed, harvested and marketed on
20an annual, semi-annual, biennial or short-term basis, in
21permitted aquaculture facilities as defined in the Aquaculture
22Development Act; the keeping, raising and feeding of livestock
23or poultry, including dairying, poultry, swine, sheep, beef
24cattle, pony and horse production, fur and wildlife farms,



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1farm buildings used for growing, harvesting and preparing crop
2products for market, or for use on the farm; roadside stands,
3farm buildings for storing and protecting farm machinery and
4equipment from the elements, for housing livestock or poultry
5and for preparing livestock or poultry products for market;
6farm dwellings occupied by farm owners, operators, tenants or
7seasonal or year-round hired workers.
8(Source: P.A. 85-856.)
9    Section 30. The County Cooperative Extension Law is
10amended by changing Section 2a as follows:
11    (505 ILCS 45/2a)  (from Ch. 5, par. 242a)
12    Sec. 2a. Information and assistance.
13    (a) The Cooperative Extension Service of the University of
14Illinois shall provide information and assistance to person
15who are timber growers and to persons who may be unaware of the
16economic and soil and water conservation benefits that can be
17attained through forestry management on marginal agricultural
19    (b) The Department of Agriculture, in cooperation with the
20Cooperative Extension Service of the University of Illinois,
21in conjunction with the Agriculture Experiment Station and
22Southern Illinois University at Carbondale, shall provide
23information on aquaculture and shall explore the establishment
24of an aquaculture resource center for disseminating



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1information and demonstrating the viability of aquaculture as
2a part of the diversified agriculture of this State.
3    The Department of Agriculture in cooperation with the (i)
4Cooperative Extension Service of the University of Illinois,
5(ii) Southern Illinois University at Carbondale, (iii)
6Illinois State University at Bloomington-Normal, (iv) Western
7Illinois University at Macomb, and (v) community colleges
8organized under the Public Community College Act shall provide
9information and assistance to the aquaculture industry in the
10State concerning the Aquaculture Cooperative established under
11the Aquaculture Development Act and incorporated under the
12Agricultural Co-Operative Act.
13(Source: P.A. 91-530, eff. 8-13-99.)
14    Section 35. The Fish and Aquatic Life Code is amended by
15changing Section 5-5 as follows:
16    (515 ILCS 5/5-5)  (from Ch. 56, par. 5-5)
17    Sec. 5-5. Ownership and title; violations; penalties. The
18ownership of and title to all aquatic life within the
19boundaries of the State, are hereby declared to be in the
20State, and no aquatic life shall be taken or killed, in any
21manner or at any time, unless the person or persons so taking
22or killing the aquatic life shall consent that the title to the
23aquatic life shall be and remain in the State for the purpose
24of regulating the taking, killing, possession, use, sale, and



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1transportation of aquatic life after taking or killing, as set
2forth in this Code.
3    Aquatic products, including any aquatic plants and animals
4or their by-products that are produced, grown, managed,
5harvested and marketed on an annual, semi-annual, biennial or
6short-term basis, in permitted aquaculture facilities as
7defined in the Aquaculture Development Act, bred, hatched,
8propagated, or raised by the owner of a body of water, with the
9consent of the Department of Natural Resources through the
10issuance of an aquaculture permit and consistent with this
11Section, in permitted aquaculture facilities in or on that
12body of water are the property of the person who bred, hatched,
13propagated, or raised them or that person's successor in
14interest. Ownership of aquatic products reverts to the State
15upon revocation or expiration of an aquaculture permit as
16prescribed by administrative rule.
17    If any person causes any waste, sewage, thermal effluent,
18or any other pollutant to enter into, or causes or allows
19pollution of, any waters of this State so as to kill aquatic
20life, the Department, through the Attorney General, may bring
21an action against that person and recover the value of and the
22related costs in determining the value of the aquatic life
23destroyed by the waste, sewage, thermal effluent, or
24pollution. Any money so recovered shall be placed into the
25Wildlife and Fish Fund in the State Treasury.
26    If any person shall abandon, deposit, or otherwise place



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1any wire, can, bottle, glass, paper, trash, rubbish,
2cardboard, wood cartons, boxes, trees, parts of trees, brush,
3or other insoluble material, including animal or vegetable
4material, into the waters or upon the ice of any waters of this
5State, or in any place on the bank of waters of this State
6where it shall be liable to be washed into the waters either by
7storms, floods, or other causes, the person shall be in
8violation of the offense of polluting. Employees of the
9Department, however, may place or direct the placement, in the
10waters of the State, of insoluble materials deemed suitable
11for the purposes of enhancing aquatic habitat. Any person who
12shall be found guilty under this Section shall be guilty of a
13petty offense, and the Court shall further order that the
14guilty person shall employ every practical means of removing
15the debris within a time specified by the Court. Failure to
16comply with an order under this Section shall constitute a
17Class B misdemeanor.
18(Source: P.A. 89-445, eff. 2-7-96.)
19    Section 40. The Unemployment Insurance Act is amended by
20changing Section 214 as follows:
21    (820 ILCS 405/214)  (from Ch. 48, par. 324)
22    Sec. 214. The term "employment" does not include
23agricultural or aquacultural labor, except as provided in
24Section 211.4. With respect to the period prior to January 1,



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11972, the term "agricultural labor" means the services
2included within the term by this Act as amended and in effect
3on September 15, 1969. On and after January 1, 1972, the term
4"agricultural labor" means all services performed:
5    A. On a farm, in the employ of any person, in connection
6with cultivating the soil or in connection with raising or
7harvesting any agricultural or horticultural commodity,
8including the raising, shearing, feeding, caring for,
9training, and management of live stock, bees, poultry, and
10fur-bearing animals and wildlife;
11    B. In the employ of the owner or tenant or other operator
12of a farm, in connection with the operation, management,
13conservation, improvement, or maintenance of such farm and its
14tools and equipment;
15    C. In connection with the ginning of cotton, or the
16operation or maintenance of ditches, canals, reservoirs, or
17waterways not owned or operated for profit, used exclusively
18for supplying and storing water for farming purposes;
19    D. In the employ of the operator of a farm, or of a group
20of operators of farms (or a cooperative organization of which
21such operators are members), in handling, planting, drying,
22packing, packaging, processing, freezing, grading, storing or
23delivering to storage or to market or to a carrier for
24transportation to market, in its unmanufactured state, any
25agricultural or horticultural commodity; but only if such
26operator or operators produced more than one-half of the



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1commodity with respect to which such service is performed. The
2provisions of this subsection shall not be deemed to be
3applicable with respect to service performed in connection
4with commercial canning or commercial freezing or in
5connection with any agricultural or horticultural commodity
6after its delivery to a terminal market for distribution for
8    As used in this Section, the term "farm" includes stock,
9dairy, poultry, fruit, fur-bearing animal, and truck farms,
10plantations, ranches, nurseries, ranges, greenhouses or other
11similar structures used primarily for the raising of
12agricultural or horticultural commodities, and orchards.
13    The term "aquacultural labor" means all services performed
14in connection with the production of aquatic products,
15including any aquatic plants and animals or their by-products
16that are produced, grown, managed, harvested and marketed on
17an annual, semi-annual, biennial or short-term basis, in
18permitted aquaculture facilities as defined in the Aquaculture
19Development Act.
20(Source: P.A. 85-856.)