Illinois General Assembly - Full Text of HB3636
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Full Text of HB3636  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Will Guzzardi


415 ILCS 60/4  from Ch. 5, par. 804
415 ILCS 60/14.1 new

    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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1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Pesticide Act is amended by
5changing 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
9Agriculture or his authorized representative.
10    2. "Active Ingredient" means any ingredient which will
11prevent, destroy, repel, control or mitigate a pest or which
12will act as a plant regulator, defoliant or desiccant.
13    3. "Adulterated" shall apply to any pesticide if the
14strength or purity is not within the standard of quality
15expressed on the labeling under which it is sold, distributed
16or used, including any substance which has been substituted
17wholly or in part for the pesticide as specified on the
18labeling under which it is sold, distributed or used, or if any
19valuable constituent of the pesticide has been wholly or in
20part abstracted.
21    4. "Agricultural Commodity" means produce of the land
22including but not limited to plants and plant parts, livestock
23and poultry and livestock or poultry products, seeds, sod,



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1shrubs and other products of agricultural origin including the
2premises necessary to and used directly in agricultural
3production. Agricultural commodity also includes aquatic
4products as defined in the Aquaculture Development Act.
5    5. "Animal" means all vertebrate and invertebrate species
6including, but not limited to, man and other mammals, bird,
7fish, and shellfish.
8    6. "Beneficial Insects" means those insects which during
9their life cycle are effective pollinators of plants, predators
10of 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
22substances which cause leaves or foliage to drop from a plant
23with or without causing abscission.
24    9. "Desiccant" means any substance or combination of
25substances intended for artificially accelerating the drying
26of plant tissue.



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1    10. "Device" means any instrument or contrivance, other
2than a firearm or equipment for application of pesticides when
3sold separately from pesticides, which is intended for
4trapping, repelling, destroying, or mitigating any pest, other
5than bacteria, virus, or other microorganisms on or living in
6man or other living animals.
7    11. "Distribute" means offer or hold for sale, sell,
8barter, ship, deliver for shipment, receive and then deliver,
9or offer to deliver pesticides, within the State.
10    12. "Environment" includes water, air, land, and all plants
11and animals including man, living therein and the
12interrelationships which exist among these.
13    13. "Equipment" means any type of instruments and
14contrivances using motorized, mechanical or pressure power
15which is used to apply any pesticide, excluding pressurized
16hand-size household apparatus containing dilute ready to apply
17pesticide or used to apply household pesticides.
18    14. "FIFRA" means the Federal Insecticide, Fungicide, and
19Rodenticide Act, as amended.
20    15. "Fungi" means any non-chlorophyll bearing
21thallophytes, any non-chlorophyll bearing plant of a lower
22order than mosses or liverworts, as for example rust, smut,
23mildew, mold, yeast and bacteria, except those on or in living
24animals including man and those on or in processed foods,
25beverages or pharmaceuticals.
26    16. "Household Substance" means any pesticide customarily



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1produced and distributed for use by individuals in or about the
3    17. "Imminent Hazard" means a situation which exists when
4continued use of a pesticide would likely result in
5unreasonable adverse effect on the environment or will involve
6unreasonable hazard to the survival of a species declared
7endangered by the U.S. Secretary of the Interior or to species
8declared to be protected by the Illinois Department of Natural
10    18. "Inert Ingredient" means an ingredient which is not an
11active ingredient.
12    19. "Ingredient Statement" means a statement of the name
13and percentage of each active ingredient together with the
14total percentage of inert ingredients in a pesticide and for
15pesticides containing arsenic in any form, the ingredient
16statement shall include percentage of total and water soluble
17arsenic, each calculated as elemental arsenic. In the case of
18spray adjuvants the ingredient statement need contain only the
19names of the functioning agents and the total percent of those
20constituents ineffective as spray adjuvants.
21    20. "Insect" means any of the numerous small invertebrate
22animals generally having the body more or less obviously
23segmented for the most part belonging to the class Insects,
24comprised of six-legged, usually winged forms, as for example
25beetles, caterpillars, and flies. This definition encompasses
26other allied classes of arthropods whose members are wingless



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1and usually have more than 6 legs as for example spiders,
2mites, ticks, centipedes, and millipedes.
3    21. "Label" means the written, printed or graphic matter on
4or attached to the pesticide or device or any of its containers
5or wrappings.
6    22. "Labeling" means the label and all other written,
7printed or graphic matter: (a) on the pesticide or device or
8any of its containers or wrappings, (b) accompanying the
9pesticide or device or referring to it in any other media used
10to disseminate information to the public, (c) to which
11reference is made to the pesticide or device except when
12references are made to current official publications of the U.
13S. Environmental Protection Agency, Departments of
14Agriculture, Health, Education and Welfare or other Federal
15Government institutions, the state experiment station or
16colleges of agriculture or other similar state institution
17authorized to conduct research in the field of pesticides.
18    23. "Land" means all land and water area including
19airspace, and all plants, animals, structures, buildings,
20contrivances, and machinery appurtenant thereto or situated
21thereon, fixed or mobile, including any used for
23    24. "Licensed Operator" means a person employed to apply
24pesticides to the lands of others under the direction of a
25"licensed commercial applicator" or a "licensed commercial
26not-for-hire applicator".



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1    25. "Nematode" means invertebrate animals of the phylum
2nemathelminthes and class nematoda, also referred to as nemas
3or eelworms, which are unsegmented roundworms with elongated
4fusiform or sac-like bodies covered with cuticle and inhabiting
5soil, water, plants or plant parts.
6    26. "Permit" means a written statement issued by the
7Director or his authorized agent, authorizing certain acts of
8pesticide purchase or of pesticide use or application on an
9interim basis prior to normal certification, registration, or
11    27. "Person" means any individual, partnership,
12association, fiduciary, corporation, or any organized group of
13persons whether incorporated or not.
14    28. "Pest" means (a) any insect, rodent, nematode, fungus,
15weed, or (b) any other form of terrestrial or aquatic plant or
16animal life or virus, bacteria, or other microorganism,
17excluding virus, bacteria, or other microorganism on or in
18living animals including man, which the Director declares to be
19a pest.
20    29. "Pesticide" means any substance or mixture of
21substances intended for preventing, destroying, repelling, or
22mitigating any pest or any substance or mixture of substances
23intended for use as a plant regulator, defoliant or desiccant.
24    30. "Pesticide Dealer" means any person who distributes
25registered pesticides to the user.
26    31. "Plant Regulator" means any substance or mixture of



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1substances intended through physiological action to affect the
2rate of growth or maturation or otherwise alter the behavior of
3ornamental or crop plants or the produce thereof. This does not
4include substances which are not intended as plant nutrient
5trace elements, nutritional chemicals, plant or seed
6inoculants or soil conditioners or amendments.
7    32. "Protect Health and Environment" means to guard against
8any unreasonable adverse effects on the environment.
9    33. "Registrant" means person who has registered any
10pesticide pursuant to the provision of FIFRA and this Act.
11    34. "Restricted Use Pesticide" means any pesticide with one
12or more of its uses classified as restricted by order of the
13Administrator of USEPA or the Director, or any pesticide which
14contains a neonicotinoid as defined in this Section.
15    35. "SLN Registration" means registration of a pesticide
16for use under conditions of special local need as defined by
18    36. "State Restricted Pesticide Use" means any pesticide
19use which the Director determines, subsequent to public
20hearing, that an additional restriction for that use is needed
21to prevent unreasonable adverse effects.
22    37. "Structural Pest" means any pests which attack and
23destroy buildings and other structures or which attack
24clothing, stored food, commodities stored at food
25manufacturing and processing facilities or manufactured and
26processed goods.



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1    38. "Unreasonable Adverse Effects on the Environment"
2means the unreasonable risk to the environment, including man,
3from the use of any pesticide, when taking into account accrued
4benefits of as well as the economic, social, and environmental
5costs of its use.
6    39. "USEPA" means United States Environmental Protection
8    40. "Use inconsistent with the label" means to use a
9pesticide in a manner not consistent with the label
10instruction, the definition adopted in FIFRA as interpreted by
11USEPA shall apply in Illinois.
12    41. "Weed" means any plant growing in a place where it is
13not wanted.
14    42. "Wildlife" means all living things, not human,
15domestic, or pests.
16    43. "Bulk pesticide" means any registered pesticide which
17is transported or held in an individual container in undivided
18quantities of greater than 55 U.S. gallons liquid measure or
19100 pounds net dry weight.
20    44. "Bulk repackaging" means the transfer of a registered
21pesticide from one bulk container (containing undivided
22quantities of greater than 100 U.S. gallons liquid measure or
23100 pounds net dry weight) to another bulk container
24(containing undivided quantities of greater than 100 U.S.
25gallons liquid measure or 100 pounds net dry weight) in an
26unaltered state in preparation for sale or distribution to



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1another person.
2    45. "Business" means any individual, partnership,
3corporation or association engaged in a business operation for
4the purpose of selling or distributing pesticides or providing
5the service of application of pesticides in this State.
6    46. "Facility" means any building or structure and all real
7property contiguous thereto, including all equipment fixed
8thereon used for the operation of the business.
9    47. "Chemigation" means the application of a pesticide
10through the systems or equipment employed for the primary
11purpose of irrigation of land and crops.
12    48. "Use" means any activity covered by the pesticide label
13including but not limited to application of pesticide, mixing
14and loading, storage of pesticides or pesticide containers,
15disposal of pesticides and pesticide containers and reentry
16into treated sites or areas.
17    49. "Neonicotinoid" means any pesticide that contains
18clothianidin, imidacloprid, thiamethoxam, dinotefuran,
19acetamiprid, thiacloprid, nithiazine, nitenpyram, or other
20neonicotinoid as may be identified by rules adopted by the
21Department 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, 2020, no
25pesticide containing a neonicotinoid may be used outdoors on



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1any public land owned or maintained by the State, except for
2use in:
3    (a) structural pest control; or
4    (b) abatement of Agrilus planipennis.
5    Section 99. Effective date. This Act takes effect upon
6becoming law.