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90_HB0701
415 ILCS 60/3 from Ch. 5, par. 803
Amends the Illinois Pesticide Act to delete the
prohibition against local regulation of pesticides.
LRB9003349DPcc
LRB9003349DPcc
1 AN ACT to amend the Illinois Pesticide Act by changing
2 Section 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pesticide Act is amended by
6 changing Section 3 as follows:
7 (415 ILCS 60/3) (from Ch. 5, par. 803)
8 Sec. 3. Delegation of authority. The Illinois
9 Department of Agriculture shall administer "the Illinois
10 Pesticide Act".
11 (1) 1. It shall be the duty of the Department of
12 Agriculture to enforce this Act and such provisions of other
13 Acts intended to control the registration, purchase, use,
14 storage and disposal of pesticides, unless otherwise
15 specified in this Section. Also, the Department of
16 Agriculture shall control the purchase and use of pesticides
17 pertaining to the production, protection, care, storage, or
18 transportation of agricultural commodities and to control the
19 use of pesticides applied by agricultural equipment. Also,
20 the Department shall establish and implement an Agrichemical
21 Facility Response Action Program as provided in Section 19.3.
22 (2) 2. It shall be the duty of the Department of Public
23 Health to enforce such provisions of this Act and other Acts
24 intended to control structural pest pesticides, as defined in
25 subparagraph 37 of Section 4, of this Act. It shall be the
26 duty of the Department of Public Health to enforce such
27 provisions of this Act related to vector control, control of
28 pestiferous and disease carrying insects, rodents and other
29 animals, and control of birds and other mammals that may pose
30 a threat to the health of the public.
31 (3) 3. It shall be the duty of the Environmental
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1 Protection Agency to enforce such provisions of this Act and
2 other Acts intended to protect and preserve the quality of
3 air, water, and guard against unreasonable contamination of
4 land resources.
5 4. The regulation of pesticides by any political
6 subdivision of this State, including home rule units, is
7 specifically prohibited except for counties and
8 municipalities with a population over 2,000,000. The
9 regulation of pesticides under this Act is an exclusive power
10 and function of the State, except as provided in this
11 paragraph, and is a denial and limitation, under Article VII,
12 Section 6, subsection (h) of the Illinois Constitution, of
13 the power of a home rule unit to regulate pesticides.
14 (Source: P.A. 89-94, eff. 7-6-95.)