8. "Defoliant" means any substance or combination of substances
which cause leaves or foliage to drop from a plant with or without
9. "Desiccant" means any substance or combination of substances
intended for artificially accelerating the drying of plant tissue.
10. "Device" means any instrument or contrivance, other than a
firearm or equipment for application of pesticides when sold separately
from pesticides, which is intended for trapping, repelling, destroying,
or mitigating any pest, other than bacteria, virus, or other
microorganisms on or living in man or other living animals.
11. "Distribute" means offer or hold for sale, sell, barter, ship,
deliver for shipment, receive and then deliver, or offer to deliver
pesticides, within the State.
12. "Environment" includes water, air, land, and all plants and
animals including man, living therein and the interrelationships which
exist among these.
13. "Equipment" means any type of instruments and contrivances using
motorized, mechanical or pressure power which is used to apply any
pesticide, excluding pressurized hand-size household apparatus
containing dilute ready to apply pesticide or used to apply household
14. "FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide
Act, as amended.
15. "Fungi" means any non-chlorophyll bearing thallophytes, any
non-chlorophyll bearing plant of a lower order than mosses or
liverworts, as for example rust, smut, mildew, mold, yeast and bacteria,
except those on or in living animals including man and those on or in
processed foods, beverages or pharmaceuticals.
16. "Household Substance" means any pesticide customarily produced
and distributed for use by individuals in or about the household.
17. "Imminent Hazard" means a situation which exists when continued
use of a pesticide would likely result in unreasonable adverse effect on
the environment or will involve unreasonable hazard to the survival of a
species declared endangered by the U.S. Secretary of the Interior or to
species declared to be protected by the Illinois Department of Natural
18. "Inert Ingredient" means an ingredient which is not an active
19. "Ingredient Statement" means a statement of the name and
percentage of each active ingredient together with the total percentage
of inert ingredients in a pesticide and for pesticides containing
arsenic in any form, the ingredient statement shall include percentage
of total and water soluble arsenic, each calculated as elemental
arsenic. In the case of spray adjuvants the ingredient statement need
contain only the names of the functioning agents and the total percent
of those constituents ineffective as spray adjuvants.
20. "Insect" means any of the numerous small invertebrate animals
generally having the body more or less obviously segmented for the most
part belonging to the class Insects, comprised of six-legged, usually
winged forms, as for example beetles, caterpillars, and flies. This
definition encompasses other allied classes of arthropods whose members
are wingless and usually have more than 6 legs as for example spiders,
mites, ticks, centipedes, and millipedes.
21. "Label" means the written, printed or graphic matter on or
attached to the pesticide or device or any of its containers or
22. "Labeling" means the label and all other written, printed or
graphic matter: (a) on the pesticide or device or any of its containers
or wrappings, (b) accompanying the pesticide or device or referring to
it in any other media used to disseminate information to the public,
(c) to which reference is made to the pesticide or device except when
references are made to current official publications of the U. S.
Environmental Protection Agency, Departments of Agriculture, Health,
Education and Welfare or other Federal Government institutions, the
state experiment station or colleges of agriculture or other similar
state institution authorized to conduct research in the field of
23. "Land" means all land and water area including airspace, and all
plants, animals, structures, buildings, contrivances, and machinery
appurtenant thereto or situated thereon, fixed or mobile, including any
used for transportation.
24. "Licensed Operator" means a person employed to apply pesticides
to the lands of others under the direction of a "licensed commercial
applicator" or a "licensed commercial
25. "Nematode" means invertebrate animals of the phylum
nemathelminthes and class nematoda, also referred to as nemas or
eelworms, which are unsegmented roundworms with elongated fusiform or
sac-like bodies covered with cuticle and inhabiting soil, water, plants
or plant parts.
26. "Permit" means a written statement issued by the Director or his
authorized agent, authorizing certain acts of pesticide purchase or of
pesticide use or application on an interim basis prior to normal
certification, registration, or licensing.
27. "Person" means any individual, partnership, association,
fiduciary, corporation, or any organized group of persons whether
incorporated or not.
28. "Pest" means (a) any insect, rodent, nematode, fungus, weed, or
(b) any other form of terrestrial or aquatic plant or animal life or
virus, bacteria, or other microorganism, excluding virus, bacteria, or
other microorganism on or in living animals including man, which the
Director declares to be a pest.
29. "Pesticide" means any substance or mixture of substances
intended for preventing, destroying, repelling, or mitigating any pest
or any substance or mixture of substances intended for use as a plant
regulator, defoliant or desiccant.
30. "Pesticide Dealer" means any person who distributes registered
pesticides to the user.
31. "Plant Regulator" means any substance or mixture of substances
intended through physiological action to affect the rate of growth or
maturation or otherwise alter the behavior of ornamental or crop plants
or the produce thereof. This does not include substances which are not
intended as plant nutrient trace elements, nutritional chemicals, plant
or seed inoculants or soil conditioners or amendments.
32. "Protect Health and Environment" means to guard against any
unreasonable adverse effects on the environment.
33. "Registrant" means person who has registered any pesticide
pursuant to the provision of FIFRA and this Act.
34. "Restricted Use Pesticide" means any pesticide with one or more
of its uses classified as restricted by order of the Administrator of
35. "SLN Registration" means registration of a pesticide for use
under conditions of special local need as defined by
36. "State Restricted Pesticide Use" means any pesticide use which
the Director determines, subsequent to public hearing, that an
additional restriction for that use is needed to prevent unreasonable
37. "Structural Pest" means any pests which attack and destroy
buildings and other structures or which attack clothing, stored food,
commodities stored at food manufacturing and processing facilities or
manufactured and processed goods.
38. "Unreasonable Adverse Effects on the Environment" means the
unreasonable risk to the environment, including man, from the use of any
pesticide, when taking into account accrued benefits of as well as the
economic, social, and environmental costs of its use.
39. "USEPA" means United States Environmental Protection Agency.
40. "Use inconsistent with the label" means to use a pesticide in
a manner not consistent with the label instruction, the definition
adopted in FIFRA as interpreted by USEPA shall apply in Illinois.
41. "Weed" means any plant growing in a place where it is not
42. "Wildlife" means all living things, not human, domestic, or
43. "Bulk pesticide" means any registered pesticide which is
transported or held in an individual container in undivided quantities of
greater than 55 U.S. gallons liquid measure or 100 pounds net dry weight.
44. "Bulk repackaging" means the transfer of a registered pesticide from
one bulk container (containing undivided quantities of greater than 100
U.S. gallons liquid measure or 100 pounds net dry weight) to another bulk
container (containing undivided quantities of greater than 100 U.S. gallons
liquid measure or 100 pounds net dry weight) in an unaltered state in
preparation for sale or distribution to another person.
45. "Business" means any individual, partnership, corporation or
association engaged in a business operation for the purpose of
selling or distributing pesticides or providing the service of application
of pesticides in this State.
46. "Facility" means any building or structure and all real property
contiguous thereto, including all equipment fixed thereon used for the
operation of the business.
47. "Chemigation" means the application of a pesticide through the
systems or equipment employed for the primary purpose of irrigation of land and
48. "Use" means any activity covered by the pesticide label including
but not limited to application of pesticide, mixing and loading, storage of
pesticides or pesticide containers, disposal of pesticides and pesticide
containers and reentry into treated sites or areas.
(Source: P.A. 99-540, eff. 1-1-17; 100-201, eff. 8-18-17.)