Illinois General Assembly - Full Text of SB2245
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Full Text of SB2245  102nd General Assembly

SB2245sam001 102ND GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 4/8/2021

 

 


 

 


 
10200SB2245sam001LRB102 11647 CPF 24845 a

1
AMENDMENT TO SENATE BILL 2245

2    AMENDMENT NO. ______. Amend Senate Bill 2245 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pesticide Act is amended by
5changing 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
9person:
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
2for 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
9are 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
24this Act when intended solely for export to a foreign country.
25If it is not exported all the provisions of this Act shall
26apply.

 

 

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1(Source: P.A. 94-758, eff. 1-1-07.)
 
2    Section 99. Effective date. This Act takes effect January
31, 2022.".