Full Text of SB2245 102nd General Assembly
SB2245sam001 102ND GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 4/8/2021
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| 1 | | AMENDMENT TO SENATE BILL 2245
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2245 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pesticide Act is amended by | 5 | | changing Section 14 as follows:
| 6 | | (415 ILCS 60/14) (from Ch. 5, par. 814)
| 7 | | Sec. 14. Unlawful Acts.
| 8 | | 1. The following are violations of this Act, if any | 9 | | person:
| 10 | | A. Made false or fraudulent claims through any media | 11 | | misrepresenting the
effect of pesticides or methods.
| 12 | | B. Applied known ineffective or improper pesticides.
| 13 | | C. Applied pesticides in a faulty, careless, or | 14 | | negligent manner.
| 15 | | D. Used or made recommendation for use of a pesticide | 16 | | inconsistent with
the labeling of the pesticide.
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| 1 | | E. Neglected, or after notice in writing, refused, to | 2 | | comply with provisions
of this Act, the regulations | 3 | | adopted hereunder, or of any lawful order of
the Director, | 4 | | including the limitations specified in a duly issued | 5 | | permit,
certification, or registration.
| 6 | | F. Failed to keep and maintain records required by | 7 | | this Act or failed
to make reports when and as required or | 8 | | made false or fraudulent records
or reports.
| 9 | | G. Used or supervised the use of a pesticide without | 10 | | qualifying
as a certified applicator or licensed operator.
| 11 | | H. Used fraud or misrepresentation in making | 12 | | application for, or renewal
of, any license, permit, | 13 | | certification, or registration or in demonstration
of | 14 | | competence.
| 15 | | I. Aided or abetted a person to evade provisions of | 16 | | this Act, conspired
with any person to evade provisions of | 17 | | this Act or allowed a license, permit,
certification or | 18 | | registration to be used by another person.
| 19 | | J. Impersonated any federal, state, county, or city | 20 | | official.
| 21 | | K. Purchased pesticides by using another person's | 22 | | license or using or
purchasing pesticides outside of a | 23 | | specific category for which that person
is licensed or any | 24 | | other misrepresentation.
| 25 | | L. Fails to comply with the rules and regulations | 26 | | adopted under the
authority of this Act.
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| 1 | | 2. Except as provided in Section 14 (2G), it is unlawful | 2 | | for any person
to distribute in the State the following:
| 3 | | A. A pesticide not registered pursuant to provisions | 4 | | of this Act.
| 5 | | B. Any pesticide, if any claim made for it, use | 6 | | recommendation, other
labeling or formulation, differs | 7 | | from the representations made in connection
with | 8 | | registration. However, a change in labeling or formulation | 9 | | may be
made within a registration if the change does not | 10 | | violate provisions of
FIFRA or this Act.
| 11 | | C. Any pesticide unless in the registrants unbroken | 12 | | container.
| 13 | | D. Any pesticide container to which all label | 14 | | information required under
provisions of this Act has not | 15 | | been securely affixed.
| 16 | | E. Any pesticide which is adulterated or misbranded or | 17 | | any device which is misbranded.
| 18 | | F. Any pesticide in a container which, due to damage, | 19 | | is hazardous to
handle and store.
| 20 | | G. It shall not be unlawful to distribute pesticides | 21 | | "in bulk" provided
such distribution does not violate the | 22 | | provisions of this Act, the Rules
and Regulations under | 23 | | this Act, or FIFRA.
| 24 | | 3. It shall be unlawful:
| 25 | | A. To sell any pesticide labeled for restricted use to | 26 | | any applicator
not certified, unless such applicator has a |
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| 1 | | valid permit authorizing purchase
under a special | 2 | | exemption from certification requirements.
| 3 | | B. To handle, store, display, use or distribute | 4 | | pesticides in such
manner as to endanger man and his | 5 | | environment, to endanger food, feed or
other products that | 6 | | may be stored, displayed or distributed with such | 7 | | pesticides.
| 8 | | C. To use, dispose of, discard, or store pesticides or | 9 | | their containers
in such a manner as to endanger public | 10 | | health and the environment or to
pollute water supplies.
| 11 | | D. To use for personal advantage, reveal to persons, | 12 | | other than the Director
designee or properly designated | 13 | | official of other jurisdictions, or to a
physician or | 14 | | other qualified person in cases of emergency for | 15 | | preparation
of an antidote any information judged as | 16 | | relating to trade secrets. To use
or reveal a financial | 17 | | information obtained by authority or marked as privileged
| 18 | | or confidential by a registrant. | 19 | | E. To sell any pesticide labeled labelled for | 20 | | restricted use over an Internet website to an Illinois | 21 | | resident who is not a certified pesticide applicator as | 22 | | provided under Section 11 of this Act.
| 23 | | F. To apply a restricted use pesticide on or within | 24 | | 500 feet of school property during normal hours, except | 25 | | for whole structure fumigation. However, if the pesticide | 26 | | application information listed on the pesticide label is |
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| 1 | | more restrictive than this paragraph (F), then the more | 2 | | restrictive provision shall apply. The Department of | 3 | | Agriculture shall adopt rules necessary to implement the | 4 | | provisions of this paragraph (F). As used in this | 5 | | paragraph (F), "normal school hours" means Monday through | 6 | | Friday from 7 a.m. until 4 p.m., excluding days when | 7 | | classes are not in session.
| 8 | | 4. Exemptions from the violation provisions of this Act | 9 | | are as follows:
| 10 | | A. Carriers lawfully engaged in transporting | 11 | | pesticides within this State,
provided that such carrier | 12 | | shall upon request permit the Director to copy
all records | 13 | | showing transactions in the movement of the pesticide or | 14 | | device.
| 15 | | B. Public officials of this State or the federal | 16 | | government while engaged
in the performance of official | 17 | | duties in administration of pesticide laws
or regulations.
| 18 | | C. Persons who ship a substance or mixture of | 19 | | substances being tested
for the purpose of determining its | 20 | | value for pesticide use, to determine
its toxicity or | 21 | | other properties and from which such user does not derive
| 22 | | any benefit in pest control from its use.
| 23 | | 5. No pesticide or device shall be deemed in violation of | 24 | | this Act when
intended solely for export to a foreign country. | 25 | | If it is not exported
all the provisions of this Act shall | 26 | | apply.
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| 1 | | (Source: P.A. 94-758, eff. 1-1-07.)
| 2 | | Section 99. Effective date. This Act takes effect January | 3 | | 1, 2022.".
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