093_HB0548enr

 
HB0548 Enrolled                      LRB093 05512 AMC 05603 b

 1        AN ACT concerning pest control.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois  Pesticide  Act  is  amended  by
 5    changing Section 24 as follows:

 6        (415 ILCS 60/24) (from Ch. 5, par. 824)
 7        Sec. 24.  Criminal Penalties.
 8        (a) 1.  Except as otherwise provided in this Section, any
 9    person  violating  any  provisions of this Act or regulations
10    adopted  thereunder  is  shall  be  guilty  of  a   Class   A
11    misdemeanor with a fine of not less than $5,000.
12        (b)  A  retailer  convicted  of distributing or selling a
13    pesticide that has never been registered with  or  for  which
14    the  registration  has  been  cancelled  or  suspended by the
15    United States Environmental Protection Agency shall be guilty
16    of a Class A misdemeanor with a fine of not less than $5,000.
17    A retailer convicted of a second or subsequent  violation  of
18    distributing  or  selling  a  pesticide  that  has never been
19    registered with  or  for  which  the  registration  has  been
20    cancelled  or  suspended  by  the United States Environmental
21    Protection Agency shall be guilty of a Class 4  felony.   For
22    the  purposes  of this Section, "retailer" means a person who
23    transfers ownership of or title to pesticides to a  purchaser
24    for  use  and  who is not certified under the Structural Pest
25    Control Act.
26        (c)  A wholesaler who distributes or  sells  a  pesticide
27    that  has  never  been  registered  with  or  for  which  the
28    registration  has  been  cancelled or suspended by the United
29    States Environmental Protection Agency shall be guilty  of  a
30    Class  4  felony for a first offense and shall be guilty of a
31    Class 3 felony for a second or subsequent  offense.  For  the
 
HB0548 Enrolled             -2-      LRB093 05512 AMC 05603 b
 1    purposes  of  this  Section,  "wholesaler" means a person who
 2    sells or distributes pesticides to a retailer.
 3    (Source: P.A. 85-177.)

 4        Section 99.  Effective date.  This Act takes effect  upon
 5    becoming law.