Illinois General Assembly - Full Text of SB2108
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Full Text of SB2108  102nd General Assembly

SB2108 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2108

 

Introduced 2/26/2021, by Sen. Karina Villa

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 60/4  from Ch. 5, par. 804
415 ILCS 60/24.1  from Ch. 5, par. 824.1

    Amends the Illinois Pesticide Act. Adds and changes monetary penalties for specified amounts of violation points. Provides that beginning on January 1, 2022, and every January 1 thereafter, the monetary penalties shall automatically be increased or decreased by a percentage equal to the percentage change in a specified document during the preceding 12-month calendar year. Provides that the updated monetary penalties resulting from each annual adjustment shall be made available to the public via the Department of Agriculture's official website on or before January 1 of the calendar year for which the new monetary penalties apply. Provides point values for exposure to a pesticide which resulted in herbaceous plants and woody perennial plants (rather than plants) or property showing signs of damage. Defines "herbaceous plant" and "woody perennial plant". Makes other changes. Effective immediately.


LRB102 16534 CPF 21929 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2108LRB102 16534 CPF 21929 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 Sections 4 and 24.1 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.
15    35. "SLN Registration" means registration of a pesticide
16for use under conditions of special local need as defined by
17FIFRA.
18    36. "State Restricted Pesticide Use" means any pesticide
19use which the Director determines, subsequent to public
20hearing, that an additional restriction for that use is needed
21to prevent unreasonable adverse effects.
22    37. "Structural Pest" means any pests which attack and
23destroy buildings and other structures or which attack
24clothing, stored food, commodities stored at food
25manufacturing and processing facilities or manufactured and
26processed goods.

 

 

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1    38. "Unreasonable Adverse Effects on the Environment"
2means the unreasonable risk to the environment, including man,
3from the use of any pesticide, when taking into account
4accrued benefits of as well as the economic, social, and
5environmental costs of its use.
6    39. "USEPA" means United States Environmental Protection
7Agency.
8    40. "Use inconsistent with the label" means to use a
9pesticide in a manner not consistent with the label
10instruction, the definition adopted in FIFRA as interpreted by
11USEPA shall apply in Illinois.
12    41. "Weed" means any plant growing in a place where it is
13not wanted.
14    42. "Wildlife" means all living things, not human,
15domestic, or pests.
16    43. "Bulk pesticide" means any registered pesticide which
17is transported or held in an individual container in undivided
18quantities of greater than 55 U.S. gallons liquid measure or
19100 pounds net dry weight.
20    44. "Bulk repackaging" means the transfer of a registered
21pesticide from one bulk container (containing undivided
22quantities of greater than 100 U.S. gallons liquid measure or
23100 pounds net dry weight) to another bulk container
24(containing undivided quantities of greater than 100 U.S.
25gallons liquid measure or 100 pounds net dry weight) in an
26unaltered state in preparation for sale or distribution to

 

 

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1another person.
2    45. "Business" means any individual, partnership,
3corporation or association engaged in a business operation for
4the purpose of selling or distributing pesticides or providing
5the service of application of pesticides in this State.
6    46. "Facility" means any building or structure and all
7real property contiguous thereto, including all equipment
8fixed thereon used for the operation of the business.
9    47. "Chemigation" means the application of a pesticide
10through the systems or equipment employed for the primary
11purpose of irrigation of land and crops.
12    48. "Use" means any activity covered by the pesticide
13label including but not limited to application of pesticide,
14mixing and loading, storage of pesticides or pesticide
15containers, disposal of pesticides and pesticide containers
16and reentry into treated sites or areas.
17    49. "Herbaceous plant" means any nonwoody vascular,
18annual, biennial, or perennial plant.
19    50. "Woody perennial plant" means any plant that produces
20wood as its primary structure and with a life span longer than
212 years.
22(Source: P.A. 99-540, eff. 1-1-17; 100-201, eff. 8-18-17.)
 
23    (415 ILCS 60/24.1)  (from Ch. 5, par. 824.1)
24    Sec. 24.1. Administrative actions and penalties.
25    (1) The Director is authorized after an opportunity for an

 

 

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1administrative hearing to suspend, revoke, or modify any
2license, permit, special order, registration, or certification
3issued under this Act. This action may be taken in addition to
4or in lieu of monetary penalties assessed as set forth in this
5Section. When it is in the interest of the people of the State
6of Illinois, the Director may, upon good and sufficient
7evidence, suspend the registration, license, or permit until a
8hearing has been held. In such cases, the Director shall issue
9an order in writing setting forth the reasons for the
10suspension. Such order shall be served personally on the
11person or by registered or certified mail sent to the person's
12business address as shown in the latest notification to the
13Department. When such an order has been issued by the
14Director, the person may request an immediate hearing.
15    (2) Before initiating hearing proceedings, the Director
16may issue an advisory letter to a violator of this Act or its
17rules and regulations when the violation points total 6 or
18less, as determined by the Department by the Use and Violation
19Criteria established in this Section. When the Department
20determines that the violation points total more than 6 but not
21more than 13, the Director shall issue a warning letter to the
22violator.
23    (3) The hearing officer upon determination of a violation
24or violations shall assess one or more of the following
25penalties:
26        (A) For any person applying pesticides without a

 

 

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1    license or misrepresenting certification or failing to
2    comply with conditions of an agrichemical facility permit
3    or failing to comply with the conditions of a written
4    authorization for land application of agrichemical
5    contaminated soils or groundwater, a penalty of $500 shall
6    be assessed for the first offense and $1,000 for the
7    second and subsequent offenses.
8        (B) For violations of a stop use order imposed by the
9    Director, the penalty shall be $2500.
10        (C) For violations of a stop sale order imposed by the
11    Director, the penalty shall be $1500 for each individual
12    item of the product found in violation of the order.
13        (D) For selling restricted use pesticides to a
14    non-certified applicator the penalty shall be $1000.
15        (E) For selling restricted use pesticides without a
16    dealer's license the penalty shall be $1,000.
17        (F) For constructing or operating without an
18    agrichemical facility permit after receiving written
19    notification, the penalty shall be $500 for the first
20    offense and $1,000 for the second and subsequent offenses.
21        (G) For violations of the Act and rules Rules and
22    regulations Regulations, administrative penalties will be
23    based upon the total violation points as determined by the
24    Use and Violation Criteria as set forth in paragraph (4)
25    of this Section. The monetary penalties shall be as
26    follows:

 

 

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1Total Violation PointsMonetary Penalties
212-13$750
314-16$1,500     $750
417-19 $2,000     $1000
520-21 $5,000     $2500
622-25 $10,000     $5000
726-29 $15,000     $7500
830 and above$20,000     $10000
9        (H) Beginning on January 1, 2022, and every January 1
10    thereafter, the monetary penalties described in paragraph
11    (3)(G) shall automatically be increased or decreased by a
12    percentage equal to the percentage change in the All Items
13    Consumer Index for All Urban Consumers for the U.S. City
14    Average, 1982-84=100 (CPI-U), published by the Bureau of
15    Labor and Statistics of the United States Department of
16    Labor, during the preceding 12-month calendar year. The
17    updated monetary penalties resulting from each annual
18    adjustment shall be made available to the public via the
19    Department's official website on or before January 1 of
20    the calendar year for which the new monetary penalties
21    apply. When calculating the monetary penalties, the
22    Department shall round down to the nearest whole dollar. A
23    complaint received by the Department that results in a
24    monetary penalty under in paragraph (3)(G) shall have the
25    monetary penalty applied based on the calendar year in
26    which the complaint was received.

 

 

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1    (4) The following Use and Violation Criteria establishes
2the point value which shall be compiled to determine the total
3violation points and administrative actions or monetary
4penalties to be imposed as set forth in paragraph (3)(G) of
5this Section:
6        (A) Point values shall be assessed upon the harm or
7    loss incurred.
8            (1) A point value of 1 shall be assessed for the
9        following:
10                (a) Exposure to a pesticide by plants, animals
11            or humans with no symptoms or damage noted.
12                (b) Fraudulent sales practices or
13            representations with no apparent monetary losses
14            involved.
15            (2) A point value of 2 shall be assessed for the
16        following:
17                (a) Exposure to a pesticide which resulted in:
18                    (1) Herbaceous plant Plants or property
19                showing signs of damage including but not
20                limited to leaf curl, burning, wilting,
21                spotting, or discoloration, or dying.
22                    (2) Garden produce or an agricultural crop
23                not being harvested on schedule.
24                    (3) Fraudulent sales practices or
25                representations resulting in losses under
26                $500.

 

 

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1            (3) A point value of 4 shall be assessed for the
2        following:
3                (a) Exposure to a pesticide resulting in a
4            human experiencing headaches, nausea, eye
5            irritation and such other symptoms which persisted
6            less than 3 days.
7                (b) Herbaceous plant Plant or property damage
8            resulting in permanent injury or death in a loss
9            below $1000.
10                (c) Animals exhibiting symptoms of pesticide
11            poisoning including but not limited to eye or skin
12            irritations or lack of coordination.
13                (d) Death to less than 5 animals.
14                (e) Fraudulent sales practices or
15            representations resulting in losses from $500 to
16            $2000.
17                (f) A woody perennial plant showing signs of
18            damage, including, but not limited to, leaf curl,
19            burning, wilting, spotting, or discoloration.
20            (4) A point value of 6 shall be assessed for the
21        following:
22                (a) Exposure to a pesticide resulting in a
23            human experiencing headaches, nausea, eye
24            irritation and such other symptoms which persisted
25            3 or more days.
26                (b) Plant or property damage resulting in a

 

 

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1            loss of $1000 or more.
2                (c) Death to 5 or more animals.
3                (d) Fraudulent sales practices or
4            representations resulting in losses over $2000.
5                (e) A woody perennial plant showing signs of
6            damage likely to cause an increased risk of
7            mortality or damage that
             results in mortality.
8        (B) Point values shall be assessed based upon the
9    signal word on the label of the chemical involved:
     
10Point ValueSignal Word
11 1  Caution
12 2  Warning
13 4  Danger/Poison
14        (C) Point values shall be assessed based upon the
15    degree of responsibility.
16Point ValueDegree of Responsibility
172Accidental (such as equipment malfunction)
184Negligence
1910Knowingly
20        (D) Point values shall be assessed based upon the
21    violator's history for the previous 3 years:
22Point ValueRecord
232Advisory letter
243Warning letter

 

 

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15
2
3
4Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty
57
6Certification, license or registration currently suspended or revoked
7        (E) Point values shall be assessed based upon the
8    violation type:
9            (1) Application Oriented:
10Point ValueViolation
111Inadequate records
122Lack of supervision
132Faulty equipment
14            Use contrary to label directions:
154 2a. resulting in exposure to applicator or operator
163
17b. resulting in exposure to other persons or the environment
184 3
19c. precautionary statements, sites, rates, restricted use requirements
204 3Water contamination
214 3Storage or disposal contrary to label directions

 

 

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14 3Pesticide drift
26 4Direct application to a non-target site
36Falsification of records
46
5Failure to secure a permit or violation of permit or special order
6            (2) Product Oriented:
7Point ValueViolation
86Pesticide not registered
94Product label claims differ from approved label
104
11Product composition (active ingredients differs from that of approved label)
124Product not colored as required
134
14
15Misbranding as set forth in Section Sec. 5 of the Act (4 points will be assessed for each count)
16        (5) Any penalty not paid within 60 days of notice from
17    the Department shall be submitted to the Attorney
18    General's Office for collection. Failure to pay a penalty
19    shall also be grounds for suspension or revocation of
20    permits, licenses and registrations.
21        (6) Private applicators, except those private

 

 

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1    applicators who have been found by the Department to have
2    committed a "use inconsistent with the label" as defined
3    in subsection 40 of Section 4 of this Act, are exempt from
4    the Use and Violation Criteria point values.
5        (7) Each violation of this Act that includes human
6    exposure to a pesticide under subdivision (a) of
7    subparagraph (1) of paragraph (A) of subsection (4) of
8    this Section, subdivision (a) of subparagraph (3) of
9    paragraph (A) of subsection (4) of this Section, or
10    subdivision (a) of subparagraph (4) of paragraph (A) of
11    subsection (4) of this Section is a separate offense for
12    each human exposed.
13(Source: P.A. 90-403, eff. 8-15-97; revised 8-19-20.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.