Full Text of SB1584 100th General Assembly
SB1584eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pesticide Act is amended by | 5 | | changing Sections 6 and 12 as follows:
| 6 | | (415 ILCS 60/6) (from Ch. 5, par. 806)
| 7 | | Sec. 6. Registration.
| 8 | | 1. Every pesticide which is distributed, sold,
offered for | 9 | | sale within this State, delivered for transportation or
| 10 | | transported in interstate commerce or between points within the | 11 | | State
through any point outside the State, shall be registered | 12 | | with the Director
or his designated agent, subject to | 13 | | provisions of this Act. Such
registration shall be for a period | 14 | | determined under item 1.5 of this Section and shall expire on | 15 | | December 31st. Registration is not required if a pesticide is | 16 | | shipped from
one plant or warehouse to another plant or | 17 | | warehouse by the same person and
is used solely at such plant | 18 | | or warehouse as a constituent part to make a
pesticide which is | 19 | | registered under provisions of this Act and FIFRA.
| 20 | | 1.5. In order to stagger product registrations, the | 21 | | Department shall, for the 2011 registration year, register half | 22 | | of the applicants and their products for one year and the other | 23 | | half for 2 years. Thereafter, a business registration and |
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| 1 | | product registration shall be for 2 years. | 2 | | 2. Registration applicant shall file a statement with the | 3 | | Director which
shall include:
| 4 | | A. The name and address of the applicant and the name | 5 | | and address of the
person whose name will appear on the | 6 | | label if different from the applicant's.
| 7 | | B. The name of the pesticide.
| 8 | | C. A copy of the labeling accompanying the pesticide | 9 | | under customary conditions
of distribution, sale and use, | 10 | | including ingredient statement, direction
for use, use | 11 | | classification, and precautionary or warning statements.
| 12 | | 3. The Director may require the submission of complete | 13 | | formula data.
| 14 | | 4. The Director may require a full description of tests | 15 | | made and the results
thereof, upon which the claims are based, | 16 | | for any pesticide not registered
pursuant to FIFRA, or on any | 17 | | pesticide under consideration
to be classified for restricted | 18 | | use.
| 19 | | A. The Director will not consider data he required of | 20 | | the initial
registrant of a pesticide in support of another | 21 | | applicants' registration
unless the subsequent applicant | 22 | | has obtained written permission to use such data.
| 23 | | B. In the case of renewal registration, the Director | 24 | | may accept a
statement only with respect to information | 25 | | which is different from that
furnished previously.
| 26 | | 5. The Director may prescribe other requirements to support |
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| 1 | | a pesticide
registration by regulation.
| 2 | | 6. For the years preceding the year 2004, any registrant | 3 | | desiring to
register a pesticide product at any
time during one | 4 | | year shall pay the annual registration fee of
$100 per product | 5 | | registered for that applicant.
For the years 2004 through 2010, | 6 | | the annual product registration
fee is $200 per product. For | 7 | | the years 2011 and thereafter, the product registration fee | 8 | | shall be $600 per product per 2-year registration period $300 | 9 | | per product per year and shall be paid at the time of | 10 | | registration.
| 11 | | In addition, for the years preceding the year 2004 any | 12 | | business
registering a pesticide product at any time
during one | 13 | | year shall pay the annual business registration
fee of $250. | 14 | | For the years 2004 through 2010, the annual business
| 15 | | registration fee shall be $400. For the years 2011 and | 16 | | thereafter, the business registration fee shall be $800 per | 17 | | 2-year registration period $400 per year and shall be paid at | 18 | | the time of registration. Each legal entity of the business
| 19 | | shall pay
the
business registration fee.
| 20 | | For the years preceding the year 2004, any applicant | 21 | | requesting an
experimental use permit shall pay the annual
fee | 22 | | of $100 per permit and all special local need
pesticide
| 23 | | registration
applicants shall pay an annual fee of $100 per | 24 | | product. For the
years 2004 through 2010, the annual
| 25 | | experimental use permit fee and special local need pesticide | 26 | | registration fee
is $200 per permit. For the years 2011 and |
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| 1 | | thereafter, the annual experimental use permit and special | 2 | | local need pesticide registration fee shall be $300 per | 3 | | product. Subsequent
SLN
registrations for a pesticide already | 4 | | registered shall be exempted from the
registration fee.
| 5 | | A. All registration accepted and approved by the | 6 | | Director shall expire
on the 31st day of December in any | 7 | | one year unless cancelled.
Registration for a special local | 8 | | need may be granted for a specific
period of time with the | 9 | | approval date and expiration date specified.
| 10 | | B. If a registration for special local need granted by | 11 | | the Director does
not receive approval of the Administrator | 12 | | of USEPA, the registration shall
expire on the date of the | 13 | | Administrator's disapproval.
| 14 | | 7. Registrations approved and accepted by the Director and | 15 | | in effect on
the 31st day of December, for which renewal | 16 | | application is made, shall continue
in full force and effect | 17 | | until the Director notifies the registrant that
the renewal has | 18 | | been approved and accepted or the registration is denied
under | 19 | | this Act. Renewal registration forms will be provided to | 20 | | applicants
by the Director.
| 21 | | 8. If the renewal of a pesticide registration is not filed | 22 | | within 30
days of the date of expiration, a penalty late | 23 | | registration assessment of $100 per product shall apply in | 24 | | addition to the regular product registration fee
$400 per | 25 | | product shall apply in lieu of the normal annual product
| 26 | | registration fee . The late registration assessment shall not
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| 1 | | apply if the applicant furnishes an affidavit certifying that | 2 | | no
unregulated pesticide was distributed or sold during the | 3 | | period of
registration. The late assessment is not a bar to | 4 | | prosecution for doing
business without proper registry.
| 5 | | 9. The Director may prescribe by regulation to allow | 6 | | pesticide use for
a special local need, pursuant to FIFRA.
| 7 | | 10. The Director may prescribe by regulation the provisions | 8 | | for and
requirements of registering a pesticide intended for | 9 | | experimental use.
| 10 | | 11. The Director shall not make any lack of essentiality a | 11 | | criterion for
denial of registration of any pesticide. Where 2 | 12 | | pesticides meet the
requirements, one should not be registered | 13 | | in preference to the other.
| 14 | | 12. It shall be the duty of the pesticide registrant to | 15 | | properly
dispose of any pesticide the registration of which has | 16 | | been suspended,
revoked or cancelled or which is otherwise not | 17 | | properly registered
in the State.
| 18 | | (Source: P.A. 96-1310, eff. 7-27-10.)
| 19 | | (415 ILCS 60/12) (from Ch. 5, par. 812)
| 20 | | Sec. 12. Licensed operator. No pesticide operator shall use | 21 | | any pesticides
without a pesticide operator license issued by | 22 | | the Director.
| 23 | | 1. Application for an operator license shall be made in | 24 | | writing on
designated
forms available from the Director. Each | 25 | | application shall contain information
regarding the nature of |
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| 1 | | applicants pesticide use, his qualifications, and
such other | 2 | | facts as prescribed on the form. The application shall also
| 3 | | include the following:
| 4 | | A. The full name of applicant.
| 5 | | B. The address of the applicant.
| 6 | | C. The name of and license/certification number of the | 7 | | pesticide
applicator
under whom the applicant will work.
| 8 | | 2. The Director shall not issue a pesticide operator | 9 | | license until the
individual identified has demonstrated his | 10 | | competence and knowledge regarding
pesticide use in accordance | 11 | | with Section 9 of this Act.
| 12 | | 3. The Director shall not issue an operator license to any | 13 | | person who
is unable to provide the name and | 14 | | license/certification number of an applicator
under whom the | 15 | | operator will work.
| 16 | | 4. For the years preceding the year 2001, a licensed | 17 | | commercial operator working
for or under the supervision of a | 18 | | certified
licensed commercial pesticide applicator shall pay | 19 | | an annual fee of $25.
For the years 2001, 2002, and 2003, the | 20 | | annual fee for a commercial operator
license is $30. For the | 21 | | years 2004, 2005, and 2006, the annual fee for a
commercial | 22 | | operator license is $35. For the years 2007 through 2017, the
| 23 | | annual fee for a commercial operator license is $40. For the | 24 | | years 2018 and thereafter, the fee for a multi-year commercial | 25 | | operator applicator license is $120.
The late application fee | 26 | | for an operator license shall be $20 in
addition to the normal |
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| 1 | | license fee. A licensed operator shall be assessed a
fee of $10 | 2 | | for a duplicate license.
| 3 | | 5. For the years 2011 through 2017, the commercial | 4 | | not-for-hire pesticide operator license fee shall be $15. For | 5 | | the years 2018 and thereafter, the fee for a multi-year | 6 | | commercial not-for-hire pesticide operator applicator license | 7 | | is $45. The late application fee for a public or commercial | 8 | | not-for-hire operator applicator license shall be $20 in | 9 | | addition to the normal license fee fees . A commercial | 10 | | not-for-hire operator shall be assessed a fee of $10 for a | 11 | | duplicate license. | 12 | | (Source: P.A. 99-540, eff. 1-1-17 .)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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