Full Text of HB4462 94th General Assembly
HB4462 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB4462
Introduced 1/11/2006, by Rep. Barbara Flynn Currie SYNOPSIS AS INTRODUCED: |
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415 ILCS 60/12.5 new |
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415 ILCS 60/14 |
from Ch. 5, par. 814 |
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Amends the Illinois Pesticide Act. Prohibits the sale of a Restricted Use Pesticide over an Internet website to an Illinois resident who is not a Licensed Operator under the Illinois Pesticide Act registered with the Department. Provides that a person who sells a Restricted Use Pesticide on an Internet website to an Illinois resident who is not a Licensed Operator is subject to the penalty provisions of the Act.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4462 |
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LRB094 16989 RSP 52270 b |
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| AN ACT concerning safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pesticide Act is amended by | 5 |
| changing Section 14 and by adding Section 12.5 as follows: | 6 |
| (415 ILCS 60/12.5 new)
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| Sec. 12.5. Internet sales. It is illegal for any person to | 8 |
| sell a Restricted Use Pesticide over an Internet website to an | 9 |
| Illinois resident who is not a Licensed Operator, as provided | 10 |
| under Section 12 of this Act, registered with the Department. A | 11 |
| person who sells a Restricted Use Pesticide on an Internet | 12 |
| website to an Illinois resident who is not a Licensed Operator | 13 |
| is subject to the penalty provisions of this Act.
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| (415 ILCS 60/14) (from Ch. 5, par. 814)
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| Sec. 14. Unlawful Acts.
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| 1. The following are violations of this Act, if any person:
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| A. Made false or fraudulent claims through any media | 18 |
| misrepresenting the
effect of pesticides or methods.
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| B. Applied known ineffective or improper pesticides.
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| C. Applied pesticides in a faulty, careless, or | 21 |
| negligent manner.
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| D. Used or made recommendation for use of a pesticide | 23 |
| inconsistent with
the labeling of the pesticide.
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| E. Neglected, or after notice in writing, refused, to | 25 |
| comply with provisions
of this Act, the regulations adopted | 26 |
| hereunder, or of any lawful order of
the Director, | 27 |
| including the limitations specified in a duly issued | 28 |
| permit,
certification, or registration.
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| F. Failed to keep and maintain records required by this | 30 |
| Act or failed
to make reports when and as required or made | 31 |
| false or fraudulent records
or reports.
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LRB094 16989 RSP 52270 b |
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| G. Used or supervised the use of a pesticide without | 2 |
| qualifying
as a certified applicator or licensed operator.
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| H. Used fraud or misrepresentation in making | 4 |
| application for, or renewal
of, any license, permit, | 5 |
| certification, or registration or in demonstration
of | 6 |
| competence.
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| I. Aided or abetted a person to evade provisions of | 8 |
| this Act, conspired
with any person to evade provisions of | 9 |
| this Act or allowed a license, permit,
certification or | 10 |
| registration to be used by another person.
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| J. Impersonated any federal, state, county, or city | 12 |
| official.
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| K. Purchased pesticides by using another person's | 14 |
| license or using or
purchasing pesticides outside of a | 15 |
| specific category for which that person
is licensed or any | 16 |
| other misrepresentation.
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| L. Fails to comply with the rules and regulations | 18 |
| adopted under the
authority of this Act.
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| 2. Except as provided in Section 14 (2G), it is unlawful | 20 |
| for any person
to distribute in the State the following:
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| A. A pesticide not registered pursuant to provisions of | 22 |
| this Act.
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| B. Any pesticide, if any claim made for it, use | 24 |
| recommendation, other
labeling or formulation, differs | 25 |
| from the representations made in connection
with | 26 |
| registration. However, a change in labeling or formulation | 27 |
| may be
made within a registration if the change does not | 28 |
| violate provisions of
FIFRA or this Act.
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| C. Any pesticide unless in the registrants unbroken | 30 |
| container.
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| D. Any pesticide container to which all label | 32 |
| information required under
provisions of this Act has not | 33 |
| been securely affixed.
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| E. Any pesticide which is adulterated or misbranded or | 35 |
| any device which is misbranded.
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| F. Any pesticide in a container which, due to damage, |
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LRB094 16989 RSP 52270 b |
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| is hazardous to
handle and store.
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| G. It shall not be unlawful to distribute pesticides | 3 |
| "in bulk" provided
such distribution does not violate the | 4 |
| provisions of this Act, the Rules
and Regulations under | 5 |
| this Act, or FIFRA.
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| 3. It shall be unlawful:
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| A. To sell any pesticide labeled for restricted use to | 8 |
| any applicator
not certified, unless such applicator has a | 9 |
| valid permit authorizing purchase
under a special | 10 |
| exemption from certification requirements.
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| B. To handle, store, display, use or distribute | 12 |
| pesticides in such
manner as to endanger man and his | 13 |
| environment, to endanger food, feed or
other products that | 14 |
| may be stored, displayed or distributed with such | 15 |
| pesticides.
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| C. To use, dispose of, discard, or store pesticides or | 17 |
| their containers
in such a manner as to endanger public | 18 |
| health and the environment or to
pollute water supplies.
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| D. To use for personal advantage, reveal to persons, | 20 |
| other than the Director
designee or properly designated | 21 |
| official of other jurisdictions, or to a
physician or other | 22 |
| qualified person in cases of emergency for preparation
of | 23 |
| an antidote any information judged as relating to trade | 24 |
| secrets. To use
or reveal a financial information obtained | 25 |
| by authority or marked as privileged
or confidential by a | 26 |
| registrant. | 27 |
| E. To sell a Restricted Use Pesticide over an Internet | 28 |
| website to an Illinois resident who is not a valid Licensed | 29 |
| Operator and registered with the Illinois Department of | 30 |
| Agriculture as required by Illinois law.
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| 4. Exemptions from the violation provisions of this Act are | 32 |
| as follows:
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| A. Carriers lawfully engaged in transporting | 34 |
| pesticides within this State,
provided that such carrier | 35 |
| shall upon request permit the Director to copy
all records | 36 |
| showing transactions in the movement of the pesticide or |
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| device.
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| B. Public officials of this State or the federal | 3 |
| government while engaged
in the performance of official | 4 |
| duties in administration of pesticide laws
or regulations.
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| C. Persons who ship a substance or mixture of | 6 |
| substances being tested
for the purpose of determining its | 7 |
| value for pesticide use, to determine
its toxicity or other | 8 |
| properties and from which such user does not derive
any | 9 |
| benefit in pest control from its use.
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| 5. No pesticide or device shall be deemed in violation of | 11 |
| this Act when
intended solely for export to a foreign country. | 12 |
| If it is not exported
all the provisions of this Act shall | 13 |
| apply.
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| (Source: P.A. 87-128.)
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