Full Text of HB4381 101st General Assembly
HB4381 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4381 Introduced 1/29/2020, by Rep. Karina Villa SYNOPSIS AS INTRODUCED: |
| 415 ILCS 60/4 | from Ch. 5, par. 804 | 415 ILCS 60/14.1 new | |
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Amends the Illinois Pesticide Act. Authorizes the Director of the Department of Agriculture to classify a pesticide as a restricted use pesticide. Includes pesticides containing a neonicotinoid as a restricted use pesticide. Defines "neonicotinoid". Provides that no pesticide containing a neonicotinoid may be used outdoors on any public land owned or maintained by the State, except for use in structural pest control or abatement of Agrilus planipennis. Effective immediately.
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| | A BILL FOR |
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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 Section 4 and by adding Section 14.1 as follows:
| 6 | | (415 ILCS 60/4) (from Ch. 5, par. 804)
| 7 | | Sec. 4. Definitions. As used in this Act:
| 8 | | 1. "Director" means Director of the Illinois Department of
| 9 | | Agriculture or his authorized representative.
| 10 | | 2. "Active Ingredient" means any ingredient which will | 11 | | prevent,
destroy, repel, control or mitigate a pest or which | 12 | | will act as a plant
regulator, defoliant or desiccant.
| 13 | | 3. "Adulterated" shall apply to any pesticide if the | 14 | | strength or
purity is not within the standard of quality | 15 | | expressed on the labeling
under which it is sold, distributed | 16 | | or used, including any substance
which has been substituted | 17 | | wholly or in part for the pesticide as
specified on the | 18 | | labeling under which it is sold, distributed or used,
or if any | 19 | | valuable constituent of the pesticide has been wholly or in
| 20 | | part abstracted.
| 21 | | 4. "Agricultural Commodity" means produce of the land | 22 | | including but
not limited to plants and plant parts, livestock | 23 | | and poultry and
livestock or poultry products, seeds, sod, |
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| 1 | | shrubs and other products of
agricultural origin including the | 2 | | premises necessary to and used
directly in agricultural | 3 | | production.
Agricultural commodity also includes aquatic | 4 | | products as defined in the
Aquaculture Development Act.
| 5 | | 5. "Animal" means all vertebrate and invertebrate species | 6 | | including,
but not limited to, man and other mammals, bird, | 7 | | fish, and shellfish.
| 8 | | 6. "Beneficial Insects" means those insects which during | 9 | | their life
cycle are effective pollinators of plants, predators | 10 | | of pests or are
otherwise beneficial.
| 11 | | 7. "Certified applicator".
| 12 | | A. "Certified applicator" means any individual who is | 13 | | certified
under this Act to purchase, use, or supervise the | 14 | | use of pesticides
which are classified for restricted use.
| 15 | | B. "Private applicator" means a certified applicator | 16 | | who purchases,
uses, or supervises the use of any pesticide | 17 | | classified for restricted
use, for the purpose of producing | 18 | | any agricultural commodity on property
owned, rented, or | 19 | | otherwise controlled by him or his employer, or
applied to | 20 | | other property if done without compensation other than
| 21 | | trading of personal services between no more than 2 | 22 | | producers of
agricultural commodities.
| 23 | | C. "Licensed Commercial Applicator" means a certified | 24 | | applicator,
whether or not he is a private applicator with | 25 | | respect to some uses, who
owns or manages a business that | 26 | | is engaged in applying pesticides,
whether classified for |
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| 1 | | general or restricted use, for hire. The term
also applies | 2 | | to a certified applicator who uses or supervises the use of
| 3 | | pesticides, whether classified for general or restricted | 4 | | use, for any
purpose or on property of others excluding | 5 | | those specified by
subparagraphs 7 (B), (D), (E) of Section | 6 | | 4 of this Act.
| 7 | | D. "Commercial Not For Hire Applicator" means a | 8 | | certified applicator
who uses or supervises the use of | 9 | | pesticides classified for general or
restricted use for any | 10 | | purpose on property of an employer when such
activity is a | 11 | | requirement of the terms of employment and such
application | 12 | | of pesticides under this certification is limited to
| 13 | | property under the control of the employer only and | 14 | | includes, but is not
limited to, the use or supervision of
| 15 | | the use of pesticides in a greenhouse setting. "Commercial | 16 | | Not For Hire Applicator" also includes a certified | 17 | | applicator who uses or supervises the use of pesticides | 18 | | classified for general or restricted use as an employee of | 19 | | a state agency, municipality, or other duly constituted | 20 | | governmental agency or unit.
| 21 | | 8. "Defoliant" means any substance or combination of | 22 | | substances
which cause leaves or foliage to drop from a plant | 23 | | with or without
causing abscission.
| 24 | | 9. "Desiccant" means any substance or combination of | 25 | | substances
intended for artificially accelerating the drying | 26 | | of plant tissue.
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| 1 | | 10. "Device" means any instrument or contrivance, other | 2 | | than a
firearm or equipment for application of pesticides when | 3 | | sold separately
from pesticides, which is intended for | 4 | | trapping, repelling, destroying,
or mitigating any pest, other | 5 | | than bacteria, virus, or other
microorganisms on or living in | 6 | | man or other living animals.
| 7 | | 11. "Distribute" means offer or hold for sale, sell, | 8 | | barter, ship,
deliver for shipment, receive and then deliver, | 9 | | or offer to deliver
pesticides, within the State.
| 10 | | 12. "Environment" includes water, air, land, and all plants | 11 | | and
animals including man, living therein and the | 12 | | interrelationships which
exist among these.
| 13 | | 13. "Equipment" means any type of instruments and | 14 | | contrivances using
motorized, mechanical or pressure power | 15 | | which is used to apply any
pesticide, excluding pressurized | 16 | | hand-size household apparatus
containing dilute ready to apply | 17 | | pesticide or used to apply household
pesticides.
| 18 | | 14. "FIFRA" means the Federal Insecticide, Fungicide, and | 19 | | Rodenticide
Act, as amended.
| 20 | | 15. "Fungi" means any non-chlorophyll bearing | 21 | | thallophytes, any
non-chlorophyll bearing plant of a lower | 22 | | order than mosses or
liverworts, as for example rust, smut, | 23 | | mildew, mold, yeast and bacteria,
except those on or in living | 24 | | animals including man and those on or in
processed foods, | 25 | | beverages or pharmaceuticals.
| 26 | | 16. "Household Substance" means any pesticide customarily |
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| 1 | | produced
and distributed for use by individuals in or about the | 2 | | household.
| 3 | | 17. "Imminent Hazard" means a situation which exists when | 4 | | continued
use of a pesticide would likely result in | 5 | | unreasonable adverse effect on
the environment or will involve | 6 | | unreasonable hazard to the survival of a
species declared | 7 | | endangered by the U.S. Secretary of the Interior or to
species | 8 | | declared to be protected by the Illinois Department of Natural
| 9 | | Resources.
| 10 | | 18. "Inert Ingredient" means an ingredient which is not an | 11 | | active
ingredient.
| 12 | | 19. "Ingredient Statement" means a statement of the name | 13 | | and
percentage of each active ingredient together with the | 14 | | total percentage
of inert ingredients in a pesticide and for | 15 | | pesticides containing
arsenic in any form, the ingredient | 16 | | statement shall include percentage
of total and water soluble | 17 | | arsenic, each calculated as elemental
arsenic. In the case of | 18 | | spray adjuvants the ingredient statement need
contain only the | 19 | | names of the functioning agents and the total percent
of those | 20 | | constituents ineffective as spray adjuvants.
| 21 | | 20. "Insect" means any of the numerous small invertebrate | 22 | | animals
generally having the body more or less obviously | 23 | | segmented for the most
part belonging to the class Insects, | 24 | | comprised of six-legged, usually
winged forms, as for example | 25 | | beetles, caterpillars, and flies. This
definition encompasses | 26 | | other allied classes of arthropods whose members
are wingless |
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| 1 | | and usually have more than 6 legs as for example spiders,
| 2 | | mites, ticks, centipedes, and millipedes.
| 3 | | 21. "Label" means the written, printed or graphic matter on | 4 | | or
attached to the pesticide or device or any of its containers | 5 | | or
wrappings.
| 6 | | 22. "Labeling" means the label and all other written, | 7 | | printed or
graphic matter: (a) on the pesticide or device or | 8 | | any of its containers
or wrappings, (b) accompanying the | 9 | | pesticide or device or referring to
it in any other media used | 10 | | to disseminate information to the public,
(c) to which | 11 | | reference is made to the pesticide or device except when
| 12 | | references are made to current official publications of the U. | 13 | | S.
Environmental Protection Agency, Departments of | 14 | | Agriculture, Health,
Education and Welfare or other Federal | 15 | | Government institutions, the
state experiment station or | 16 | | colleges of agriculture or other similar
state institution | 17 | | authorized to conduct research in the field of
pesticides.
| 18 | | 23. "Land" means all land and water area including | 19 | | airspace, and all
plants, animals, structures, buildings, | 20 | | contrivances, and machinery
appurtenant thereto or situated | 21 | | thereon, fixed or mobile, including any
used for | 22 | | transportation.
| 23 | | 24. "Licensed Operator" means a person employed to apply | 24 | | pesticides
to the lands of others under the direction of a | 25 | | "licensed commercial
applicator" or a "licensed commercial
| 26 | | not-for-hire applicator".
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| 1 | | 25. "Nematode" means invertebrate animals of the phylum
| 2 | | nemathelminthes and class nematoda, also referred to as nemas | 3 | | or
eelworms, which are unsegmented roundworms with elongated | 4 | | fusiform or
sac-like bodies covered with cuticle and inhabiting | 5 | | soil, water, plants
or plant parts.
| 6 | | 26. "Permit" means a written statement issued by the | 7 | | Director or his
authorized agent, authorizing certain acts of | 8 | | pesticide purchase or of
pesticide use or application on an | 9 | | interim basis prior to normal
certification, registration, or | 10 | | licensing.
| 11 | | 27. "Person" means any individual, partnership, | 12 | | association,
fiduciary, corporation, or any organized group of | 13 | | persons whether
incorporated or not.
| 14 | | 28. "Pest" means (a) any insect, rodent, nematode, fungus, | 15 | | weed, or
(b) any other form of terrestrial or aquatic plant or | 16 | | animal life or
virus, bacteria, or other microorganism, | 17 | | excluding virus, bacteria, or
other microorganism on or in | 18 | | living animals including man, which the
Director declares to be | 19 | | a pest.
| 20 | | 29. "Pesticide" means any substance or mixture of | 21 | | substances
intended for preventing, destroying, repelling, or | 22 | | mitigating any pest
or any substance or mixture of substances | 23 | | intended for use as a plant
regulator, defoliant or desiccant.
| 24 | | 30. "Pesticide Dealer" means any person who distributes | 25 | | registered
pesticides to the user.
| 26 | | 31. "Plant Regulator" means any substance or mixture of |
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| 1 | | substances
intended through physiological action to affect the | 2 | | rate of growth or
maturation or otherwise alter the behavior of | 3 | | ornamental or crop plants
or the produce thereof. This does not | 4 | | include substances which are not
intended as plant nutrient | 5 | | trace elements, nutritional chemicals, plant
or seed | 6 | | inoculants or soil conditioners or amendments.
| 7 | | 32. "Protect Health and Environment" means to guard against | 8 | | any
unreasonable adverse effects on the environment.
| 9 | | 33. "Registrant" means person who has registered any | 10 | | pesticide
pursuant to the provision of FIFRA and this Act.
| 11 | | 34. "Restricted Use Pesticide" means any pesticide with one | 12 | | or more
of its uses classified as restricted by order of the | 13 | | Administrator of
USEPA or the Director, or any pesticide which | 14 | | contains a neonicotinoid as defined in this Section .
| 15 | | 35. "SLN Registration" means registration of a pesticide | 16 | | for use
under conditions of special local need as defined by
| 17 | | FIFRA.
| 18 | | 36. "State Restricted Pesticide Use" means any pesticide | 19 | | use which
the Director determines, subsequent to public | 20 | | hearing, that an
additional restriction for that use is needed | 21 | | to prevent unreasonable
adverse effects.
| 22 | | 37. "Structural Pest" means any pests which attack and | 23 | | destroy
buildings and other structures or which attack | 24 | | clothing, stored food,
commodities stored at food | 25 | | manufacturing and processing facilities or
manufactured and | 26 | | processed goods.
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| 1 | | 38. "Unreasonable Adverse Effects on the Environment" | 2 | | means the
unreasonable risk to the environment, including man, | 3 | | from the use of any
pesticide, when taking into account accrued | 4 | | benefits of as well as the
economic, social, and environmental | 5 | | costs of its use.
| 6 | | 39. "USEPA" means United States Environmental Protection | 7 | | Agency.
| 8 | | 40. "Use inconsistent with the label" means to use a | 9 | | pesticide in
a manner not consistent with the label | 10 | | instruction, the definition
adopted in FIFRA as interpreted by | 11 | | USEPA shall apply in Illinois.
| 12 | | 41. "Weed" means any plant growing in a place where it is | 13 | | not
wanted.
| 14 | | 42. "Wildlife" means all living things, not human, | 15 | | domestic, or
pests.
| 16 | | 43. "Bulk pesticide" means any registered pesticide which | 17 | | is
transported or held in an individual container in undivided | 18 | | quantities of
greater than 55 U.S. gallons liquid measure or | 19 | | 100 pounds net dry weight.
| 20 | | 44. "Bulk repackaging" means the transfer of a registered | 21 | | pesticide from
one bulk container (containing undivided | 22 | | quantities of greater than 100
U.S. gallons liquid measure or | 23 | | 100 pounds net dry weight) to another bulk
container | 24 | | (containing undivided quantities of greater than 100 U.S. | 25 | | gallons
liquid measure or 100 pounds net dry weight) in an | 26 | | unaltered state in
preparation for sale or distribution to |
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| 1 | | another person.
| 2 | | 45. "Business" means any individual, partnership, | 3 | | corporation or
association engaged in a business operation for | 4 | | the purpose of
selling or distributing pesticides or providing | 5 | | the service of application
of pesticides in this State.
| 6 | | 46. "Facility" means any building or structure and all real | 7 | | property
contiguous thereto, including all equipment fixed | 8 | | thereon used for the
operation of the business.
| 9 | | 47. "Chemigation" means the application of a pesticide | 10 | | through the
systems or equipment employed for the primary | 11 | | purpose of irrigation of land and
crops.
| 12 | | 48. "Use" means any activity covered by the pesticide label | 13 | | including
but not limited to application of pesticide, mixing | 14 | | and loading, storage of
pesticides or pesticide containers, | 15 | | disposal of pesticides and pesticide
containers and reentry | 16 | | into treated sites or areas. | 17 | | 49. "Neonicotinoid" means any pesticide that contains | 18 | | clothianidin, imidacloprid, thiamethoxam, dinotefuran, | 19 | | acetamiprid, thiacloprid, nithiazine, nitenpyram, or other | 20 | | neonicotinoid as may be identified by rules adopted by the | 21 | | Department of Agriculture.
| 22 | | (Source: P.A. 99-540, eff. 1-1-17; 100-201, eff. 8-18-17.)
| 23 | | (415 ILCS 60/14.1 new) | 24 | | Sec. 14.1. Neonicotinoids. Effective January 1, 2021, no | 25 | | pesticide containing a neonicotinoid may be used outdoors on |
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| 1 | | any public land owned or maintained by the State, except for | 2 | | use in: | 3 | | (a) structural pest control; or | 4 | | (b) abatement of Agrilus planipennis.
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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