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90_HB0602ham001
LRB9002699MWksam
1 AMENDMENT TO HOUSE BILL 602
2 AMENDMENT NO. . Amend House Bill 602 by replacing
3 the title with the following:
4 "AN ACT concerning pesticides."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Pesticide Act is amended by
8 changing Sections 6, 9, 10, 11, 11.1, 12, and 13 as follows:
9 (415 ILCS 60/6) (from Ch. 5, par. 806)
10 Sec. 6. Registration.
11 1. Every pesticide which is distributed, sold, offered
12 for sale within this State, delivered for transportation or
13 transported in interstate commerce or between points within
14 the State through any point outside the State, shall be
15 registered with the Director or his designated agent, subject
16 to provisions of this Act. Such registration shall be
17 renewed annually with registrations expiring December 31 each
18 year. Registration is not required if a pesticide is shipped
19 from one plant or warehouse to another plant or warehouse by
20 the same person and is used solely at such plant or warehouse
21 as a constituent part to make a pesticide which is registered
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1 under provisions of this Act and FIFRA.
2 2. Registration applicant shall file a statement with
3 the Director which shall include:
4 A. The name and address of the applicant and the
5 name and address of the person whose name will appear on
6 the label if different from the applicant's.
7 B. The name of the pesticide.
8 C. A copy of the labeling accompanying the
9 pesticide under customary conditions of distribution,
10 sale and use, including ingredient statement, direction
11 for use, use classification, and precautionary or warning
12 statements.
13 3. The Director may require the submission of complete
14 formula data.
15 4. The Director may require a full description of tests
16 made and the results thereof, upon which the claims are
17 based, for any pesticide not registered pursuant to FIFRA, or
18 on any pesticide under consideration to be classified for
19 restricted use.
20 A. The Director will not consider data he required
21 of the initial registrant of a pesticide in support of
22 another applicants' registration unless the subsequent
23 applicant has obtained written permission to use such
24 data.
25 B. In the case of renewal registration, the
26 Director may accept a statement only with respect to
27 information which is different from that furnished
28 previously.
29 5. The Director may prescribe other requirements to
30 support a pesticide registration by regulation.
31 6. For the years preceding the year 2004, any registrant
32 desiring to register a pesticide product at any time during
33 one year shall pay the annual registration fee of $100 $50
34 per product registered for that applicant. For the years 2004
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1 and thereafter, the annual product registration fee is $130.
2 For the years 1991, 1992, and 1993 the annual product
3 registration fee is $100.
4 In addition, for the years preceding the year 2004 any
5 business registering a pesticide product at any time during
6 one year shall pay the annual business registration fee of
7 $250. For the years 2004 and thereafter, the annual business
8 registration fee shall be $300. Each legal entity of the
9 business shall pay the annual business registration fee.
10 For the years preceding the year 2004, any applicant
11 requesting an experimental use permit shall pay the annual
12 fee of $100 $50 per permit and. all special local need
13 pesticide registration applicants shall pay an annual fee of
14 $100 $50 per product. For the years 2004 and thereafter, the
15 annual experimental use permit fee and special local need
16 pesticide registration fee is $130. Subsequent SLN
17 registrations for a pesticide already registered shall be
18 exempted from the registration fee.
19 A. All registration accepted and approved by the
20 Director shall expire on the 31st day of December in any
21 one year unless cancelled. Registration for a special
22 local need may be granted for a specific period of time
23 with the approval date and expiration date specified.
24 B. If a registration for special local need granted
25 by the Director does not receive approval of the
26 Administrator of USEPA, the registration shall expire on
27 the date of the Administrator's disapproval.
28 7. Registrations approved and accepted by the Director
29 and in effect on the 31st day of December, for which renewal
30 application is made, shall continue in full force and effect
31 until the Director notifies the registrant that the renewal
32 has been approved and accepted or the registration is denied
33 under this Act. Renewal registration forms will be provided
34 to applicants by the Director.
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1 8. If the renewal of a pesticide registration is not
2 filed within 30 days of the date of expiration, a penalty
3 late registration assessment of $200 per product shall apply
4 in lieu of the normal annual product registration fee. The
5 late registration assessment shall not apply if the
6 applicant furnishes an affidavit certifying that no
7 unregulated pesticide was distributed or sold during the
8 period of registration. The late assessment is not a bar to
9 prosecution for doing business without proper registry.
10 9. The Director may prescribe by regulation to allow
11 pesticide use for a special local need, pursuant to FIFRA.
12 10. The Director may prescribe by regulation the
13 provisions for and requirements of registering a pesticide
14 intended for experimental use.
15 11. The Director shall not make any lack of essentiality
16 a criterion for denial of registration of any pesticide.
17 Where 2 pesticides meet the requirements, one should not be
18 registered in preference to the other.
19 12. It shall be the duty of the pesticide registrant to
20 properly dispose of any pesticide the registration of which
21 has been suspended, revoked or cancelled or which is
22 otherwise not properly registered in the State.
23 (Source: P.A. 86-232; 86-1172; 87-128; 87-1108.)
24 (415 ILCS 60/9) (from Ch. 5, par. 809)
25 Sec. 9. Licenses and Pesticide Dealer Registrations
26 Requirements; Certification. Licenses and pesticide dealer
27 registrations issued pursuant to this Act shall be valid for
28 one year, except that private applicator licenses shall be
29 valid for 3 years. All licenses and pesticide dealer
30 registrations shall expire on December 31 of the year in
31 which it is to expire. A license or pesticide dealer
32 registration in effect on the 31st of December, for which
33 renewal has been made within 60 days following the date of
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1 expiration, shall continue in full force and effect until the
2 Director notifies the applicant that renewal has been
3 approved and accepted or is to be denied in accordance with
4 this Act. The Director shall not issue a license or
5 pesticide dealer registration to a first time applicant or to
6 a person who has not made application for renewal on or
7 before March 1 following the expiration date of the license
8 or pesticide dealer registration until such applicant or
9 person has been certified by the Director as having
10 successfully demonstrated competence and knowledge regarding
11 pesticide use. The Director shall issue a license or
12 pesticide dealer registration to a person that made
13 application after March 1 and before April 15 if that
14 application is accompanied by a late application fee. A
15 licensee or pesticide dealer shall be required to be
16 recertified for competence and knowledge regarding pesticide
17 use at least once every 3 years and at such other times as
18 deemed necessary by the Director to assure a continued level
19 of competence and ability. The Director shall by regulation
20 specify the standard of qualification for certification and
21 the manner of establishing an applicant's competence and
22 knowledge. An applicant who has been certified shall be
23 required to apply for a license or pesticide dealer
24 registration within 90 days after the date of such
25 certification. Failure to apply for a license or pesticide
26 dealer registration within such 90 day period shall void the
27 certification.
28 The Director may refuse to issue a license or pesticide
29 dealer registration based upon the violation history of the
30 applicant.
31 (Source: P.A. 89-94, eff. 7-6-95.)
32 (415 ILCS 60/10) (from Ch. 5, par. 810)
33 Sec. 10. Commercial Applicator License. No commercial
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1 applicator shall use or supervise the use of any pesticide
2 without a commercial license issued by the Director. For the
3 years preceding the year 2001, the Director shall require an
4 annual fee for commercial applicator license of $35 $30. For
5 the years 2001, 2002, 2003, 2004, 2005, and 2006, the annual
6 fee for a commercial applicator license is $45. For the
7 years 2007 and thereafter, the annual fee for a commercial
8 applicator license is $60. The late application fee for a
9 commercial applicator license shall be $20 in addition to the
10 normal license fee. A commercial applicator shall be assessed
11 a fee of $5 for a duplicate license.
12 1. Application for the commercial applicator license
13 shall be made in writing on designated forms available from
14 the Director. Each application shall contain information
15 regarding the applicants qualifications, nature of the
16 proposed operation, classification of license being sought,
17 and shall include the following:
18 A. The full name of the applicant.
19 B. The address of the applicant.
20 C. Any necessary information prescribed by the
21 Director on the designated application form.
22 2. An applicant for a license shall demonstrate
23 competence and knowledge regarding pesticide use in
24 accordance with Section 9 of this Act.
25 3. A licensed commercial applicator must provide to the
26 Director at the time of original licensing and license
27 renewal evidence of financial responsibility protecting
28 persons who may suffer personal injury or property damage or
29 both as a result of the pesticide operation of the applicant
30 in either of the following manners:
31 A. Evidence of responsibility may be provided in
32 the form of a surety bond for each licensed commercial
33 applicator naming the licensed commercial applicator as
34 principal of the bond. The amount of the bond shall be
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1 not less than $50,000 per year. It is permissible to
2 provide two bonds; one for $25,000 for bodily injury
3 liability and the second for $25,000 for property damage
4 liability. The bond or bonds shall be made payable to
5 the Director of Agriculture, State of Illinois, for the
6 benefit of the injured party and shall be conditioned
7 upon compliance with the provisions of this Act by the
8 principal, his or her officers, representatives and
9 employees; or
10 B. Evidence of responsibility may be provided in
11 the form of a certificate of liability insurance
12 providing coverage for each licensed commercial
13 applicator or licensed entity in the amount of not less
14 than $50,000 per person, $100,000 per occurrence bodily
15 injury liability coverage, with an annual aggregate of
16 not less than $500,000, and $50,000 per occurrence
17 property damage liability, with an annual aggregate of
18 not less than $50,000; or, in lieu thereof, a combined
19 single limit of not less than $100,000 bodily injury and
20 property damage liability combined, with an annual
21 aggregate of not less than $500,000.
22 4. Every insurance policy or bond shall contain a
23 provision that it will not be cancelled or reduced by the
24 principal or insurance company, except upon 30 days prior
25 notice in writing to the Director of the Department at the
26 Springfield, Illinois office and the principal insured. A
27 reduction or cancellation of policy shall not affect the
28 liability accrued or which may accrue under such policy
29 before the expiration of the 30 days. The notice shall
30 contain the termination date. Upon said reduction or
31 cancellation, the Director shall immediately notify the
32 licensee that his or her license will be suspended and the
33 effective date until the minimum bond or liability insurance
34 requirements are met by the licensee for the current license
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1 period.
2 5. Nothing in this Act shall be construed to relieve any
3 person from liability for any damage to persons or property
4 caused by use of pesticides even though such use conforms to
5 label instructions and pertinent rules and regulations of
6 this State.
7 6. The Director may renew any applicant's license in the
8 classifications for which such applicant is licensed, subject
9 to requalification requirements imposed by the Director.
10 Requalification standards shall be prescribed by regulations
11 adopted pursuant to this Act and are required to ensure that
12 the licensed commercial applicator meets the requirements of
13 changing technology and to assure a continued level of
14 competence and ability.
15 7. The Director may limit the license of an applicant to
16 allow only the use of certain pesticides in a delimited
17 geographic area, or to the use of certain application
18 techniques or equipment. If a license is not issued as
19 applied for, the Director shall inform the applicant in
20 writing of the reasons and extend an opportunity for the
21 applicant to complete the requirements for the license
22 desired.
23 8. For the purpose of uniformity, the Director may enter
24 into agreements for accepting standards of qualification of
25 other states as a basis for licensing commercial applicators.
26 (Source: P.A. 89-94, eff. 7-6-95.)
27 (415 ILCS 60/11) (from Ch. 5, par. 811)
28 Sec. 11. Certified Pesticide Applicators. No person
29 shall use or supervise the use of pesticides classified for
30 restricted use without a license issued by the Director.
31 Persons licensed or desiring to be licensed as certified
32 pesticide applicators shall comply with the certification
33 requirements as set forth in Section 9 of this Act in order
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1 to protect public health and the environment, including
2 injury to the applicator or other persons using these
3 pesticides.
4 An applicant for certification as a private pesticide
5 applicator shall meet qualification requirements prescribed
6 by regulation. The application for certification shall be
7 made in writing to the Director, on forms available from the
8 Director or the local county agricultural extension adviser's
9 office and be accompanied by payment of a $10 license fee in
10 the years preceding the year 2001. During the years 2001,
11 2002, 2003, 2004, 2005, and 2006, the private pesticide
12 applicator license fee shall be $15. During the years 2007
13 and thereafter, the private pesticide applicator license fee
14 shall be $20. A private pesticide applicator shall be
15 assessed a fee of $5 for a duplicate license. Such
16 application shall include:
17 A. The full name of the applicant.
18 B. The mailing address of the applicant.
19 C. The documents required as evidence of competence and
20 knowledge regarding the use of pesticides.
21 Certification, as a private pesticide applicator, issued
22 by the Director shall be valid for a period prescribed by
23 regulation. The Director shall develop regulatory standards
24 to ensure that certified private pesticide applicators
25 continue to meet the requirements of a changing technology
26 and assure a continued level of competence and ability.
27 (Source: P.A. 85-177.)
28 (415 ILCS 60/11.1) (from Ch. 5, par. 811.1)
29 Sec. 11.1. Public and Commercial Not-for-Hire License.
30 No public or commercial not-for-hire applicator shall use or
31 supervise the use of any pesticide without a license issued
32 by the Director. The late application fee for a public or
33 commercial not-for-hire applicator shall be $20. A public or
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1 commercial not-for-hire applicator shall be assessed a fee of
2 $5 for a duplicate license.
3 1. Application for certification as a commercial
4 not-for-hire pesticide applicator shall be made in writing on
5 designated forms available from the Director. Each
6 application shall contain information regarding the
7 qualifications of the applicant, classification of
8 certification being sought, and shall include the following:
9 A. The full name of the applicant.
10 B. The name of the applicant's employer.
11 C. The address at the applicant's place of employment.
12 D. Any other information prescribed by the Director on
13 the designated form.
14 2. The Director shall not issue a certification to a
15 commercial not-for-hire pesticide applicator until the
16 individual identified has demonstrated his competence and
17 knowledge regarding pesticide use in accordance with Section
18 9 of this Act.
19 3. The Director shall not renew a certification as a
20 commercial not-for-hire pesticide applicator until the
21 applicant reestablishes his qualifications in accordance with
22 Section 9 of this Act or has met other requirements imposed
23 by regulation in order to ensure that the applicant meets the
24 requirements of changing technology and to assure a continued
25 level of competence and ability.
26 4. Application for certification as a public pesticide
27 applicator shall be made in writing on designated forms
28 available from the Director. Each application shall contain
29 information regarding qualifications of applicant,
30 classification of certification being sought, and shall
31 include the following:
32 A. The full name of the applicant.
33 B. The name of the applicant's employer.
34 C. Any other information prescribed by the Director on
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1 the designated form.
2 5. The Director shall not issue a certificate to a
3 public pesticide applicator until the individual identified
4 has demonstrated his competence and knowledge regarding
5 pesticide use in accordance with Section 9 of this Act.
6 6. The Director shall not renew a certification as a
7 public pesticide applicator until the applicant reestablishes
8 his qualifications in accordance with Section 9 of this Act
9 or has met other requirements imposed by regulation in order
10 to ensure that the applicant meets the requirements of
11 changing technology and to assure a continued level of
12 competence and ability.
13 7. Persons applying general use pesticides, approved by
14 the Inter-Agency Committee on the Use of Pesticides, to scrap
15 tires for the control of mosquitoes shall be exempt from the
16 license requirements of this Section.
17 (Source: P.A. 85-1327.)
18 (415 ILCS 60/12) (from Ch. 5, par. 812)
19 Sec. 12. Licensed Operator. No pesticide operator shall
20 use any pesticides without a pesticide operator license
21 issued by the Director.
22 1. Application for an operator license shall be made in
23 writing on designated forms available from the Director.
24 Each application shall contain information regarding the
25 nature of applicants pesticide use, his qualifications, and
26 such other facts as prescribed on the form. The application
27 shall also include the following:
28 A. The full name of applicant
29 B. The address of the applicant
30 C. The name of and license/certification number of
31 the pesticide applicator under whom the applicant will
32 work.
33 2. The Director shall not issue a pesticide operator
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1 license until the individual identified has demonstrated his
2 competence and knowledge regarding pesticide use in
3 accordance with Section 9 of this Act.
4 3. The Director shall not issue an operator license to
5 any person who is unable to provide the name and
6 license/certification number of an applicator under whom the
7 operator will work.
8 4. For the years preceding the year 2001, a licensed
9 operator working for or under the supervision of a certified
10 licensed commercial pesticide applicator shall pay an annual
11 fee of $25 $20. For the years 2001, 2002, and 2003, the
12 annual fee for a commercial operator license is $30. For the
13 years 2004, 2005, and 2006, the annual fee for a commercial
14 operator license is $35. For the years 2007 and thereafter,
15 the annual fee for a commercial operator license is $40. The
16 late application fee for an operator license shall be $20 in
17 addition to the normal license fee. A licensed operator shall
18 be assessed a fee of $5 for a duplicate license.
19 (Source: P.A. 89-94, eff. 7-6-95.)
20 (415 ILCS 60/13) (from Ch. 5, par. 813)
21 Sec. 13. Pesticide dealers. Any pesticide dealer who
22 sells Restricted Use pesticides shall be registered with the
23 Department on forms provided by the Director. Registration
24 shall consist of passing a required examination and payment
25 of a $100 registration fee. The late application fee for a
26 pesticide dealer registration shall be $20 in addition to the
27 normal pesticide dealer registration fee. A pesticide dealer
28 shall be assessed a fee of $5 for a duplicate registration.
29 Dealers who hold a Structural Pest Control license with
30 the Illinois Department of Public Health or a Commercial
31 Applicator's license with the Illinois Department of
32 Agriculture are exempt from the registration fee but must
33 register with the Department.
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1 Each place of business which sells restricted use
2 pesticides shall be considered a separate entity for the
3 purpose of registration.
4 Registration as a pesticide dealer shall expire on
5 December 31 of each year. Pesticide dealers shall be
6 certified in accordance with Section 9 of this Act.
7 The Director may prescribe, by rule, requirements for the
8 registration and testing of any pesticide dealer selling
9 other than restricted use pesticides and such rules shall
10 include the establishment of a registration fee in an amount
11 not to exceed the pesticide dealer registration fee.
12 The Department may refuse to issue or may suspend the
13 registration of any person who fails to file a return, or to
14 pay the tax, penalty, or interest shown in a filed return, or
15 to pay any final assessment of tax, penalty, or interest, as
16 required by any tax Act administered by the Illinois
17 Department of Revenue, until such time as the requirements of
18 any such tax Act are satisfied.
19 (Source: P.A. 85-177; 86-1172; 87-1108; 89-657, eff. 8-14-96;
20 revised 10-24-96.)".