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