Full Text of HB3118 102nd General Assembly
HB3118ham002 102ND GENERAL ASSEMBLY | Rep. Robyn Gabel Filed: 2/23/2022
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| 1 | | AMENDMENT TO HOUSE BILL 3118
| 2 | | AMENDMENT NO. ______. Amend House Bill 3118, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Pesticide Act is amended by | 6 | | changing Section 4 and by adding Sections 13.4 and 13.5 as | 7 | | follows:
| 8 | | (415 ILCS 60/4) (from Ch. 5, par. 804)
| 9 | | Sec. 4. Definitions. As used in this Act:
| 10 | | 1. "Director" means Director of the Illinois Department of
| 11 | | Agriculture or his authorized representative.
| 12 | | 2. "Active Ingredient" means any ingredient which will | 13 | | prevent,
destroy, repel, control or mitigate a pest or which | 14 | | will act as a plant
regulator, defoliant or desiccant.
| 15 | | 3. "Adulterated" shall apply to any pesticide if the | 16 | | strength or
purity is not within the standard of quality |
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| 1 | | expressed on the labeling
under which it is sold, distributed | 2 | | or used, including any substance
which has been substituted | 3 | | wholly or in part for the pesticide as
specified on the | 4 | | labeling under which it is sold, distributed or used,
or if any | 5 | | valuable constituent of the pesticide has been wholly or in
| 6 | | part abstracted.
| 7 | | 4. "Agricultural Commodity" means produce of the land | 8 | | including but
not limited to plants and plant parts, livestock | 9 | | and poultry and
livestock or poultry products, seeds, sod, | 10 | | shrubs and other products of
agricultural origin including the | 11 | | premises necessary to and used
directly in agricultural | 12 | | production.
Agricultural commodity also includes aquatic | 13 | | products, including any aquatic plants and animals or their | 14 | | by-products that are produced, grown, managed, harvested and | 15 | | marketed on an annual, semi-annual, biennial or short-term | 16 | | basis, in permitted aquaculture facilities.
| 17 | | 5. "Animal" means all vertebrate and invertebrate species | 18 | | including,
but not limited to, man and other mammals, bird, | 19 | | fish, and shellfish.
| 20 | | 5.5 "Barrier mosquitocide" means a pesticide that is | 21 | | formulated to kill adult mosquitoes and that is applied so as | 22 | | to leave a residual mosquitocidal coating on natural or | 23 | | manmade surfaces. | 24 | | 5.6 "Barrier mosquitocide treatment" means application of | 25 | | a barrier mosquitocide to a natural or manmade surface. | 26 | | 6. "Beneficial Insects" means those insects which during |
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| 1 | | their life
cycle are effective pollinators of plants, | 2 | | predators 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 | 15 | | substances
which cause leaves or foliage to drop from a plant | 16 | | with or without
causing abscission.
| 17 | | 9. "Desiccant" means any substance or combination of | 18 | | substances
intended for artificially accelerating the drying | 19 | | of plant tissue.
| 20 | | 10. "Device" means any instrument or contrivance, other | 21 | | than a
firearm or equipment for application of pesticides when | 22 | | sold separately
from pesticides, which is intended for | 23 | | trapping, repelling, destroying,
or mitigating any pest, other | 24 | | than bacteria, virus, or other
microorganisms on or living in | 25 | | man or other living animals.
| 26 | | 11. "Distribute" means offer or hold for sale, sell, |
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| 1 | | barter, ship,
deliver for shipment, receive and then deliver, | 2 | | or offer to deliver
pesticides, within the State.
| 3 | | 12. "Environment" includes water, air, land, and all | 4 | | plants and
animals including man, living therein and the | 5 | | interrelationships which
exist among these.
| 6 | | 13. "Equipment" means any type of instruments and | 7 | | contrivances using
motorized, mechanical or pressure power | 8 | | which is used to apply any
pesticide, excluding pressurized | 9 | | hand-size household apparatus
containing dilute ready to apply | 10 | | pesticide or used to apply household
pesticides.
| 11 | | 14. "FIFRA" means the Federal Insecticide, Fungicide, and | 12 | | Rodenticide
Act, as amended.
| 13 | | 15. "Fungi" means any non-chlorophyll bearing | 14 | | thallophytes, any
non-chlorophyll bearing plant of a lower | 15 | | order than mosses or
liverworts, as for example rust, smut, | 16 | | mildew, mold, yeast and bacteria,
except those on or in living | 17 | | animals including man and those on or in
processed foods, | 18 | | beverages or pharmaceuticals.
| 19 | | 16. "Household Substance" means any pesticide customarily | 20 | | produced
and distributed for use by individuals in or about | 21 | | the household.
| 22 | | 17. "Imminent Hazard" means a situation which exists when | 23 | | continued
use of a pesticide would likely result in | 24 | | unreasonable adverse effect on
the environment or will involve | 25 | | unreasonable hazard to the survival of a
species declared | 26 | | endangered by the U.S. Secretary of the Interior or to
species |
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| 1 | | declared to be protected by the Illinois Department of Natural
| 2 | | Resources.
| 3 | | 18. "Inert Ingredient" means an ingredient which is not an | 4 | | active
ingredient.
| 5 | | 19. "Ingredient Statement" means a statement of the name | 6 | | and
percentage of each active ingredient together with the | 7 | | total percentage
of inert ingredients in a pesticide and for | 8 | | pesticides containing
arsenic in any form, the ingredient | 9 | | statement shall include percentage
of total and water soluble | 10 | | arsenic, each calculated as elemental
arsenic. In the case of | 11 | | spray adjuvants the ingredient statement need
contain only the | 12 | | names of the functioning agents and the total percent
of those | 13 | | constituents ineffective as spray adjuvants.
| 14 | | 20. "Insect" means any of the numerous small invertebrate | 15 | | animals
generally having the body more or less obviously | 16 | | segmented for the most
part belonging to the class Insects, | 17 | | comprised of six-legged, usually
winged forms, as for example | 18 | | beetles, caterpillars, and flies. This
definition encompasses | 19 | | other allied classes of arthropods whose members
are wingless | 20 | | and usually have more than 6 legs as for example spiders,
| 21 | | mites, ticks, centipedes, and millipedes.
| 22 | | 21. "Label" means the written, printed or graphic matter | 23 | | on or
attached to the pesticide or device or any of its | 24 | | containers or
wrappings.
| 25 | | 22. "Labeling" means the label and all other written, | 26 | | printed or
graphic matter: (a) on the pesticide or device or |
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| 1 | | any of its containers
or wrappings, (b) accompanying the | 2 | | pesticide or device or referring to
it in any other media used | 3 | | to disseminate information to the public,
(c) to which | 4 | | reference is made to the pesticide or device except when
| 5 | | references are made to current official publications of the U. | 6 | | S.
Environmental Protection Agency, Departments of | 7 | | Agriculture, Health,
Education and Welfare or other Federal | 8 | | Government institutions, the
state experiment station or | 9 | | colleges of agriculture or other similar
state institution | 10 | | authorized to conduct research in the field of
pesticides.
| 11 | | 23. "Land" means all land and water area including | 12 | | airspace, and all
plants, animals, structures, buildings, | 13 | | contrivances, and machinery
appurtenant thereto or situated | 14 | | thereon, fixed or mobile, including any
used for | 15 | | transportation.
| 16 | | 24. "Licensed Operator" means a person employed to apply | 17 | | pesticides
to the lands of others under the direction of a | 18 | | "licensed commercial
applicator" or a "licensed commercial
| 19 | | not-for-hire applicator".
| 20 | | 25. "Nematode" means invertebrate animals of the phylum
| 21 | | nemathelminthes and class nematoda, also referred to as nemas | 22 | | or
eelworms, which are unsegmented roundworms with elongated | 23 | | fusiform or
sac-like bodies covered with cuticle and | 24 | | inhabiting soil, water, plants
or plant parts.
| 25 | | 26. "Permit" means a written statement issued by the | 26 | | Director or his
authorized agent, authorizing certain acts of |
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| 1 | | pesticide purchase or of
pesticide use or application on an | 2 | | interim basis prior to normal
certification, registration, or | 3 | | licensing.
| 4 | | 27. "Person" means any individual, partnership, | 5 | | association,
fiduciary, corporation, or any organized group of | 6 | | persons whether
incorporated or not.
| 7 | | 28. "Pest" means (a) any insect, rodent, nematode, fungus, | 8 | | weed, or
(b) any other form of terrestrial or aquatic plant or | 9 | | animal life or
virus, bacteria, or other microorganism, | 10 | | excluding virus, bacteria, or
other microorganism on or in | 11 | | living animals including man, which the
Director declares to | 12 | | be a pest.
| 13 | | 29. "Pesticide" means any substance or mixture of | 14 | | substances
intended for preventing, destroying, repelling, or | 15 | | mitigating any pest
or any substance or mixture of substances | 16 | | intended for use as a plant
regulator, defoliant or desiccant.
| 17 | | 30. "Pesticide Dealer" means any person who distributes | 18 | | registered
pesticides to the user.
| 19 | | 31. "Plant Regulator" means any substance or mixture of | 20 | | substances
intended through physiological action to affect the | 21 | | rate of growth or
maturation or otherwise alter the behavior | 22 | | of ornamental or crop plants
or the produce thereof. This does | 23 | | not include substances which are not
intended as plant | 24 | | nutrient trace elements, nutritional chemicals, plant
or seed | 25 | | inoculants or soil conditioners or amendments.
| 26 | | 32. "Protect Health and Environment" means to guard |
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| 1 | | against any
unreasonable adverse effects on the environment.
| 2 | | 33. "Registrant" means person who has registered any | 3 | | pesticide
pursuant to the provision of FIFRA and this Act.
| 4 | | 34. "Restricted Use Pesticide" means any pesticide with | 5 | | one or more
of its uses classified as restricted by order of | 6 | | the Administrator of
USEPA.
| 7 | | 35. "SLN Registration" means registration of a pesticide | 8 | | for use
under conditions of special local need as defined by
| 9 | | FIFRA.
| 10 | | 36. "State Restricted Pesticide Use" means any pesticide | 11 | | use which
the Director determines, subsequent to public | 12 | | hearing, that an
additional restriction for that use is needed | 13 | | to prevent unreasonable
adverse effects.
| 14 | | 37. "Structural Pest" means any pests which attack and | 15 | | destroy
buildings and other structures or which attack | 16 | | clothing, stored food,
commodities stored at food | 17 | | manufacturing and processing facilities or
manufactured and | 18 | | processed goods.
| 19 | | 38. "Unreasonable Adverse Effects on the Environment" | 20 | | means the
unreasonable risk to the environment, including man, | 21 | | from the use of any
pesticide, when taking into account | 22 | | accrued benefits of as well as the
economic, social, and | 23 | | environmental costs of its use.
| 24 | | 39. "USEPA" means United States Environmental Protection | 25 | | Agency.
| 26 | | 40. "Use inconsistent with the label" means to use a |
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| 1 | | pesticide in
a manner not consistent with the label | 2 | | instruction, the definition
adopted in FIFRA as interpreted by | 3 | | USEPA shall apply in Illinois.
| 4 | | 41. "Weed" means any plant growing in a place where it is | 5 | | not
wanted.
| 6 | | 42. "Wildlife" means all living things, not human, | 7 | | domestic, or
pests.
| 8 | | 43. "Bulk pesticide" means any registered pesticide which | 9 | | is
transported or held in an individual container in undivided | 10 | | quantities of
greater than 55 U.S. gallons liquid measure or | 11 | | 100 pounds net dry weight.
| 12 | | 44. "Bulk repackaging" means the transfer of a registered | 13 | | pesticide from
one bulk container (containing undivided | 14 | | quantities of greater than 100
U.S. gallons liquid measure or | 15 | | 100 pounds net dry weight) to another bulk
container | 16 | | (containing undivided quantities of greater than 100 U.S. | 17 | | gallons
liquid measure or 100 pounds net dry weight) in an | 18 | | unaltered state in
preparation for sale or distribution to | 19 | | another person.
| 20 | | 45. "Business" means any individual, partnership, | 21 | | corporation or
association engaged in a business operation for | 22 | | the purpose of
selling or distributing pesticides or providing | 23 | | the service of application
of pesticides in this State.
| 24 | | 46. "Facility" means any building or structure and all | 25 | | real property
contiguous thereto, including all equipment | 26 | | fixed thereon used for the
operation of the business.
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| 1 | | 47. "Chemigation" means the application of a pesticide | 2 | | through the
systems or equipment employed for the primary | 3 | | purpose of irrigation of land and
crops.
| 4 | | 48. "Use" means any activity covered by the pesticide | 5 | | label including
but not limited to application of pesticide, | 6 | | mixing and loading, storage of
pesticides or pesticide | 7 | | containers, disposal of pesticides and pesticide
containers | 8 | | and reentry into treated sites or areas.
| 9 | | (Source: P.A. 102-555, eff. 1-1-22 .)
| 10 | | (415 ILCS 60/13.4 new) | 11 | | Sec. 13.4. Barrier mosquitocides. | 12 | | (a) Except as provided under subsection (e) and rules | 13 | | adopted by the Department of Agriculture under subsection (b), | 14 | | no commercial applicator shall apply a barrier mosquitocide | 15 | | between October 15 and April 15. | 16 | | (b) The Department of Agriculture may adopt rules allowing | 17 | | for the application of barrier mosquitocides by commercial | 18 | | applicators between October 15 and April 15, provided that the | 19 | | Department of Agriculture determines, as a part of the | 20 | | rulemaking proceeding, that there is evidence of a significant | 21 | | unmet need for the commercial application of barrier | 22 | | mosquitocides between October 15 and April 15 due to the | 23 | | abundance of target mosquito populations in the State during | 24 | | that period. | 25 | | (c) A commercial applicator of a barrier mosquitocide |
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| 1 | | must, at a minimum: | 2 | | (1) not apply a barrier mosquitocide when wind speeds | 3 | | are greater than or equal to 10 miles per hour; | 4 | | (2) be licensed under this Act and have completed the | 5 | | additional licensure and testing requirements established | 6 | | by the Department of Agriculture under subsection (d); | 7 | | (3) erect, immediately following application of the | 8 | | barrier mosquitocide, signage for residential properties | 9 | | treated with barrier mosquitocides that is comparable to | 10 | | the notification requirements under subsection (a) of | 11 | | Section 3 of the Lawn Care Products Application and Notice | 12 | | Act; and | 13 | | (4) provide, upon request and in a manner that is | 14 | | comparable to the notification requirements under | 15 | | subsection (d) of Section 3 of the Lawn Care Products | 16 | | Application and Notice Act, a copy of the product labels | 17 | | required for the barrier mosquitocide under the Federal | 18 | | Insecticide Fungicide, and Rodenticide Act (FIFRA). | 19 | | (d) The Department of Agriculture shall adopt rules to | 20 | | expand its existing commercial applicator licensure and | 21 | | testing program to include training in the residential | 22 | | application of barrier mosquitocides. The training developed | 23 | | by the Department of Agriculture shall include a course on | 24 | | mosquito control and pollinator protection in the residential | 25 | | environment and shall also include training in the following | 26 | | topics: |
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| 1 | | (1) requirements for domestic inspections by | 2 | | commercial applicators prior to application of barrier | 3 | | mosquitocides; | 4 | | (2) identification of mosquitoes in areas to be | 5 | | treated with the barrier mosquitocide; | 6 | | (3) distinguishing between species of mosquitoes; | 7 | | (4) mosquito behavior, biology, and life cycle; | 8 | | (5) pesticide-free source mosquito-reduction methods; | 9 | | (6) pesticide drift and the protection of bystanders | 10 | | during pesticide application; | 11 | | (7) pesticide label requirements; | 12 | | (8) proper technique for application of barrier | 13 | | mosquitocides; | 14 | | (9) protection of pollinators from barrier | 15 | | mosquitocides; | 16 | | (10) mosquito-borne diseases; | 17 | | (11) proper use of equipment for application of | 18 | | mosquitocides; | 19 | | (12) use of personal protective equipment during | 20 | | application of barrier mosquitocides; | 21 | | (13) areas where barrier mosquitocides cannot be | 22 | | applied; and | 23 | | (14) any other topic the Department of Agriculture | 24 | | determines to be relevant. | 25 | | (e) Any barrier mosquitocide treatment made for public | 26 | | health purposes by or on behalf of a mosquito abatement |
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| 1 | | district, public health department, township, municipality, or | 2 | | other unit of
local government is exempt from this Section and | 3 | | any rules adopted under this Section. | 4 | | (f) The Department of Agriculture may partner with the | 5 | | University of Illinois to develop and administer a voluntary | 6 | | continuing education curriculum that includes as a curricular | 7 | | element a unit on pollinator
protection and ecological | 8 | | protection. | 9 | | (415 ILCS 60/13.5 new) | 10 | | Sec. 13.5. Mosquito misters prohibited. No person shall | 11 | | install or use any residential automatic pesticide misting | 12 | | system in this State. For purposes of this Section, | 13 | | "residential automatic pesticide misting system" means any | 14 | | device that is designed to be installed on, near, or around the | 15 | | exterior of any residential dwelling or the grounds of a | 16 | | residential dwelling and to automatically spray any pesticide | 17 | | solution at timed intervals. | 18 | | Section 99. Effective date. This Act takes effect January | 19 | | 1, 2023.".
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