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| [ Senate Amendment 003 ] |
90_SB0305enr
520 ILCS 5/1.1 from Ch. 61, par. 1.1
Amends the Wildlife Code to make a technical change to
the short title provision.
LRB9002359NTsb
SB305 Enrolled LRB9002359NTsb
1 AN ACT concerning agriculture, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 2. The Civil Administrative Code of Illinois is
5 amended by changing Section 40.36 as follows:
6 (20 ILCS 205/40.36) (from Ch. 127, par. 40.36)
7 Sec. 40.36. To establish and administer the "Illinois
8 Product Grown" label program, whereby the Department shall
9 design and produce a label with the words "Illinois Product
10 Grown" on it which may be placed on food and agribusiness
11 commodities each container of fresh fruit, vegetables, meat
12 or other food commodity produced, processed, or packaged
13 originating in Illinois.
14 (Source: P.A. 85-1209.)
15 Section 3. The Animal Welfare Act is amended by changing
16 Sections 2 and 10 and adding Section 6.5 as follows:
17 (225 ILCS 605/2) (from Ch. 8, par. 302)
18 Sec. 2. Definitions. As used in this Act unless the
19 context otherwise requires:
20 "Department" means the Illinois Department of
21 Agriculture.
22 "Director" means the Director of the Illinois Department
23 of Agriculture.
24 "Pet shop operator" means any person who sells, offers to
25 sell, exchange, or offers for adoption with or without charge
26 or donation dogs, cats, birds, fish, reptiles, or other
27 animals customarily obtained as pets in this State. However,
28 a person who sells only such animals that he has produced and
29 raised shall not be considered a pet shop operator under this
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1 Act, and a veterinary hospital or clinic operated by a
2 veterinarian or veterinarians licensed under the Veterinary
3 Medicine and Surgery Practice Act of 1994 shall not be
4 considered a pet shop operator under this Act.
5 "Dog dealer" means any person who sells, offers to sell,
6 exchange, or offers for adoption with or without charge or
7 donation dogs in this State. However, a person who sells only
8 dogs that he has produced and raised shall not be considered
9 a dog dealer under this Act, and a veterinary hospital or
10 clinic operated by a veterinarian or veterinarians licensed
11 under the Veterinary Medicine and Surgery Practice Act of
12 1994 shall not be considered a dog dealer under this Act.
13 "Secretary of Agriculture" or "Secretary" means the
14 Secretary of Agriculture of the United States Department of
15 Agriculture.
16 "Person" means any person, firm, corporation,
17 partnership, association or other legal entity, any public or
18 private institution, the State of Illinois, or any municipal
19 corporation or political subdivision of the State.
20 "Kennel operator" means any person who operates an
21 establishment, other than an animal control facility,
22 veterinary hospital, or animal shelter, where dogs or dogs
23 and cats are maintained for boarding, training or similar
24 purposes for a fee or compensation; or who sells, offers to
25 sell, exchange, or offers for adoption with or without charge
26 dogs or dogs and cats which he has produced and raised. A
27 person who owns, has possession of, or harbors 5 or less
28 females capable of reproduction shall not be considered a
29 kennel operator.
30 "Cattery operator" means any person who operates an
31 establishment, other than an animal control facility or
32 animal shelter, where cats are maintained for boarding,
33 training or similar purposes for a fee or compensation; or
34 who sells, offers to sell, exchange, or offers for adoption
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1 with or without charges cats which he has produced and
2 raised. A person who owns, has possession of, or harbors 5
3 or less females capable of reproduction shall not be
4 considered a cattery operator.
5 "Animal control facility" means any facility operated by
6 or under contract for the State, county, or any municipal
7 corporation or political subdivision of the State for the
8 purpose of impounding or harboring seized, stray, homeless,
9 abandoned or unwanted dogs, cats, and other animals. "Animal
10 control facility" also means any veterinary hospital or
11 clinic operated by a veterinarian or veterinarians licensed
12 under the Veterinary Medicine and Surgery Practice Act of
13 1994 which operates for the above mentioned purpose in
14 addition to its customary purposes.
15 "Animal shelter" means a facility operated, owned, or
16 maintained by a duly incorporated humane society, animal
17 welfare society, or other non-profit organization for the
18 purpose of providing for and promoting the welfare,
19 protection, and humane treatment of animals. "Animal
20 shelter" also means any veterinary hospital or clinic
21 operated by a veterinarian or veterinarians licensed under
22 the Veterinary Medicine and Surgery Practice Act of 1994
23 which operates for the above mentioned purpose in addition to
24 its customary purposes.
25 "Foster home" means an entity that accepts the
26 responsibility for stewardship of animals that are the
27 obligation of an animal shelter, not to exceed 4 animals at
28 any given time. Permits to operate as a "foster home" shall
29 be issued through the animal shelter.
30 "Guard dog service" means an entity that, for a fee,
31 furnishes or leases guard or sentry dogs for the protection
32 of life or property. A person is not a guard dog service
33 solely because he or she owns a dog and uses it to guard his
34 or her home, business, or farmland.
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1 "Guard dog" means a type of dog used primarily for the
2 purpose of defending, patrolling, or protecting property or
3 life at a commercial establishment other than a farm. "Guard
4 dog" does not include stock dogs used primarily for handling
5 and controlling livestock or farm animals, nor does it
6 include personally owned pets that also provide security.
7 "Sentry dog" means a dog trained to work without
8 supervision in a fenced facility other than a farm, and to
9 deter or detain unauthorized persons found within the
10 facility.
11 (Source: P.A. 88-424; 89-178, eff. 7-19-95.)
12 (225 ILCS 605/6.5 new)
13 Sec. 6.5. Termination of application; forfeiture of
14 license fee. Failure of any applicant to meet all of the
15 requirements for compliance within 60 days of receipt of a
16 license application shall result in termination of the
17 application and forfeiture of the license fee.
18 (225 ILCS 605/10) (from Ch. 8, par. 310)
19 Sec. 10. Grounds for discipline. The Department may
20 refuse to issue or renew or may suspend or revoke a license
21 on any one or more of the following grounds:
22 a. Material misstatement in the application for original
23 license or in the application for any renewal license under
24 this Act;
25 b. A violation of this Act or of any regulations or
26 rules issued pursuant thereto;
27 c. Aiding or abetting another in the violation of this
28 Act or of any regulation or rule issued pursuant thereto;
29 d. Allowing one's license under this Act to be used by
30 an unlicensed person;
31 e. Conviction of any crime an essential element of which
32 is misstatement, fraud or dishonesty or conviction of any
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1 felony, if the Department determines, after investigation,
2 that such person has not been sufficiently rehabilitated to
3 warrant the public trust;
4 f. Conviction of a violation of any law of Illinois
5 except minor violations such as traffic violations and
6 violations not related to the disposition of dogs, cats and
7 other animals or any rule or regulation of the Department
8 relating to dogs or cats and sale thereof;
9 g. Making substantial misrepresentations or false
10 promises of a character likely to influence, persuade or
11 induce in connection with the business of a licensee under
12 this Act;
13 h. Pursuing a continued course of misrepresentation of
14 or making false promises through advertising, salesman,
15 agents or otherwise in connection with the business of a
16 licensee under this Act; or
17 i. Failure to possess the necessary qualifications or to
18 meet the requirements of the Act for the issuance or holding
19 a license; or.
20 j. Proof that the licensee is guilty of gross
21 negligence, incompetency, or cruelty with regard to animals.
22 The Department may refuse to issue or may suspend the
23 license of any person who fails to file a return, or to pay
24 the tax, penalty or interest shown in a filed return, or to
25 pay any final assessment of tax, penalty or interest, as
26 required by any tax Act administered by the Illinois
27 Department of Revenue, until such time as the requirements of
28 any such tax Act are satisfied.
29 The Department may order any licensee to cease operation
30 for a period not to exceed 72 hours to correct deficiencies
31 in order to meet licensing requirements.
32 (Source: P.A. 89-178, eff. 7-19-95.)
33 Section 5. The Illinois Pesticide Act is amended by
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1 changing Sections 19.3 and 24.1 and adding Section 13.2 as
2 follows:
3 (415 ILCS 60/13.2 new)
4 Sec. 13.2. Agrichemical facility.
5 (a) An agrichemical facility located within the State of
6 Illinois that was not in existence during the years 1991,
7 1992, and 1993 and therefore did not pay the registration fee
8 of $500 per year per agrichemical facility for those years
9 may make a one-time payment of $1,500 to the Department of
10 Agriculture for deposit into the Agrichemical Incident
11 Response Trust Fund to meet the eligibility requirement of
12 subdivision (2) of subsection (a) of Section 22.3 of this
13 Act. The payment must be received by the Department of
14 Agriculture prior to an incident for which reimbursement is
15 sought under Section 22.3 to qualify for eligibility under
16 subdivision (2) of subsection (a) of Section 22.3.
17 (b) An agrichemical facility located within the State of
18 Illinois that was not in existence during the years 1991,
19 1992, and 1993 and therefore did not pay the registration fee
20 of $500 per year per agrichemical facility for those years
21 may also meet the eligibility requirement of subdivision (2)
22 of subsection (a) of Section 22.3 of this Act through the
23 transfer of eligibility from a facility under the same
24 ownership whose operations were discontinued after 1993 and
25 replaced by the new facility. To qualify for the eligibility
26 transfer, the owner must submit a written request for the
27 eligibility transfer to the Department of Agriculture, must
28 have paid the $500 registration fee for each of the years
29 1991, 1992, and 1993 for the original facility, and completed
30 all closure requirements contained in rules promulgated by
31 the Department of Agriculture. Upon receipt of the
32 eligibility transfer request, the Department of Agriculture
33 shall review the submittal and all related containment
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1 facility files and shall notify the owner whether eligibility
2 can be transferred.
3 (c) An agrichemical facility located within the State of
4 Illinois that was in existence during the years 1991, 1992,
5 and 1993 but did not pay the registration fee of $500 per
6 year per agrichemical facility for those years may make
7 payment of the unremitted balance to the Department of
8 Agriculture for deposit into the Agrichemical Incident
9 Response Trust Fund to meet the eligibility requirement of
10 subdivision (2) of subsection (a) of Section 22.3 of this
11 Act. The payment must be received by the Department of
12 Agriculture prior to an incident for which reimbursement is
13 sought under Section 22.3 to qualify for eligibility under
14 subdivision (2) of subsection (a) of Section 22.3.
15 (d) The moneys collected under this Section shall be
16 deposited into the Agrichemical Incident Response Trust Fund.
17 (e) For purposes of this Section, "agrichemical
18 facility" means a site:
19 (1) used for commercial purposes,
20 (A) where bulk pesticides are stored in a
21 single container in excess of 300 gallons of liquid
22 pesticide or 300 pounds of dry pesticide for more
23 than 30 days per year; or
24 (B) where more than 300 gallons of liquid
25 pesticide or 300 pounds of dry pesticide are being
26 mixed, repackaged, or transferred from one container
27 to another within a 30 day period; and
28 (2) that serves at a point in the pesticide
29 distribution chain immediately prior to final use.
30 (415 ILCS 60/19.3)
31 Sec. 19.3. Agrichemical Facility Response Action
32 Program.
33 (a) It is the policy of the State of Illinois that an
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1 Agrichemical Facility Response Action Program be implemented
2 to reduce potential pesticide pollution and minimize
3 environmental degradation risk potential at these sites. In
4 this Section, "agrichemical facility" means a site where
5 agricultural pesticides are stored or handled, or both, in
6 preparation for end use. "Agrichemical facility" does not
7 include basic manufacturing or central distribution sites
8 utilized only for wholesale purposes.
9 The program shall provide guidance for assessing the
10 threat of soil pesticide contaminants to groundwater and
11 recommending which sites need to establish a voluntary
12 corrective action program.
13 The program shall establish appropriate site-specific
14 soil cleanup objectives, which shall be based on the
15 potential for the pesticide contaminants to move from the
16 soil to groundwater and the potential of the specific soil
17 pesticide contaminants to cause an exceedence of a Class I or
18 Class III groundwater quality standard or a health advisory
19 level. The Department shall use the information found and
20 procedures developed in the Agrichemical Facility Site
21 Contamination Study or other appropriate physical evidence to
22 establish the soil pesticide contaminant levels of concern to
23 groundwater in the various hydrological settings to establish
24 site-specific cleanup objectives. The Department shall use a
25 probabilistic risk evaluation approach to establish
26 site-specific cleanup objectives. In this Section, a
27 "probabilistic risk evaluation" means a method of determining
28 risk assessment which involves a probabilistic evaluation of
29 risk by assessing the entire range of risks rather than
30 considering just a single worst-case estimate, thus providing
31 more useful information to determine the appropriate action
32 to achieve an acceptable level of risk.
33 No remediation of a site may be recommended unless (i)
34 the pesticide contamination level in the soil exceeds the
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1 site-specific cleanup objectives or (ii) the pesticide
2 contaminant level in the soil exceeds levels where physical
3 evidence and probabilistic risk evaluation indicates
4 probability of the site causing an exceedence of a
5 groundwater quality standard.
6 When a remediation plan must be carried out over a number
7 of years due to limited financial resources of the owner or
8 operator of the agrichemical facility, those soil pesticide
9 contaminated areas that have the greatest probabilistic
10 potential to adversely impact vulnerable Class I groundwater
11 aquifers and adjacent potable water wells shall receive the
12 highest priority rating and be remediated first.
13 (b) The Agrichemical Facility Response Action Program
14 Board ("the Board") is created. The Board members shall
15 consist of the following:
16 (1) The Director or the Director's designee.
17 (2) One member who represents pesticide
18 manufacturers.
19 (3) Two members who represent retail agrichemical
20 dealers.
21 (4) One member who represents agrichemical
22 distributors.
23 (5) One member who represents active farmers.
24 (6) One member at large.
25 The public members of the Board shall be appointed by the
26 Governor for terms of 2 years. Those persons on the Board who
27 represent pesticide manufacturers, agrichemical dealers,
28 agrichemical distributors, and farmers shall be selected from
29 recommendations made by the associations whose membership
30 reflects those specific areas of interest. The members of the
31 Board shall be appointed within 90 days after the effective
32 date of this amendatory Act of 1995. Vacancies on the Board
33 shall be filled within 30 days. The Board may fill any
34 membership position vacant for a period exceeding 30 days.
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1 The members of the Board shall be paid no compensation,
2 but shall be reimbursed for their expenses incurred in
3 performing their duties. If a civil proceeding is commenced
4 against a Board member arising out of an act or omission
5 occurring within the scope of the Board member's performance
6 of his or her duties under this Section, the State, as
7 provided by rule, shall indemnify the Board member for any
8 damages awarded and court costs and attorney's fees assessed
9 as part of a final and unreversed judgement, or shall pay the
10 judgment, unless the court or jury finds that the conduct or
11 inaction that gave rise to the claim or cause of action was
12 intentional, wilful or wanton misconduct and was not intended
13 to serve or benefit interests of the State.
14 The chairperson of the Board shall be selected by the
15 Board from among the public members.
16 (c) The Board has the authority to do the following:
17 (1) Cooperate with the Department and review and
18 approve an agrichemical facility remediation program as
19 outlined in the handbook or manual as set forth in
20 subdivision (d)(8) of this Section.
21 (2) Review and give final approval to each
22 agrichemical facility corrective action plan.
23 (3) Approve any changes to an agrichemical
24 facility's corrective action plan that may be necessary.
25 (4) Upon completion of the corrective action plan,
26 recommend to the Department that the site-specific
27 cleanup objectives have been met and that a notice of
28 closure be issued by the Department stating that no
29 further remedial action is required to remedy the past
30 pesticide contamination.
31 (5) When a soil pesticide contaminant assessment
32 confirms that remedial action is not required in
33 accordance with the Agrichemical Facility Response Action
34 Program, recommend that a notice of closure be issued by
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1 the Department stating that no further remedial action is
2 required to remedy the past pesticide contamination.
3 (6) Periodically review the Department's
4 administration of the Agrichemical Incident Response
5 Trust Fund and actions taken with respect to the Fund.
6 The Board shall also provide advice to the Interagency
7 Committee on Pesticides regarding the proper handling of
8 agrichemical incidents at agrichemical facilities in
9 Illinois.
10 (d) The Director has the authority to do the following:
11 (1) When requested by the owner or operator of an
12 agrichemical facility, may investigate the agrichemical
13 facility site contamination.
14 (2) After completion of the investigation under
15 subdivision (d)(1) of this Section, recommend to the
16 owner or operator of an agrichemical facility that a
17 voluntary assessment be made of the soil pesticide
18 contaminant when there is evidence that the evaluation of
19 probabilistic risk indicates that groundwater could be
20 adversely impacted.
21 (3) Review and make recommendations on any
22 corrective action plan submitted by the owner or operator
23 of an agrichemical facility to the Board for final
24 approval.
25 (4) On approval by the Board, issue an order to the
26 owner or operator of an agrichemical facility that has
27 filed a voluntary corrective action plan that the owner
28 or operator may proceed with that plan.
29 (5) Provide remedial project oversight, monitor
30 remedial work progress, and report to the Board on the
31 status of remediation projects.
32 (6) Provide staff to support the activities of the
33 Board.
34 (7) Take appropriate action on the Board's
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1 recommendations regarding policy needed to carry out the
2 Board's responsibilities under this Section.
3 (8) In cooperation with the Board, incorporate the
4 following into a handbook or manual: the procedures for
5 site assessment; pesticide constituents of concern and
6 associated parameters; guidance on remediation
7 techniques, land application, and corrective action
8 plans; and other information or instructions that the
9 Department may find necessary.
10 (9) Coordinate preventive response actions at
11 agrichemical facilities pursuant to the Groundwater
12 Quality Standards adopted pursuant to Section 8 of the
13 Illinois Groundwater Protection Act to mitigate resource
14 groundwater impairment.
15 Upon completion of the corrective action plan and upon
16 recommendation of the Board, the Department shall issue a
17 notice of closure stating that site-specific cleanup
18 objectives have been met and no further remedial action is
19 required to remedy the past pesticide contamination.
20 When a soil pesticide contaminant assessment confirms
21 that remedial action is not required in accordance with the
22 Agrichemical Facility Response Action Program and upon the
23 recommendation of the Board, a notice of closure shall be
24 issued by the Department stating that no further remedial
25 action is required to remedy the past pesticide
26 contamination.
27 (e) Upon receipt of notification of a pesticide
28 contaminant in groundwater pursuant to the Groundwater
29 Quality Standards, the Department shall evaluate the severity
30 of the pesticide contamination and shall submit to the
31 Environmental Protection Agency an informational notice
32 characterizing it as follows:
33 (1) A pesticide contaminant in Class I or Class III
34 groundwater has exceeded the levels of a standard adopted
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1 pursuant to the Illinois Groundwater Protection Act or a
2 health advisory established by the Illinois Environmental
3 Protection Agency or the United States Environmental
4 Protection Agency; or
5 (2) A pesticide has been detected at a level that
6 requires preventive notification pursuant to a standard
7 adopted pursuant to the Illinois Groundwater Protection
8 Act.
9 (f) When pesticide contamination is characterized as in
10 subdivision (e)(1) of this Section, a facility may elect to
11 participate in the Agrichemical Facility Response Action
12 Program. In these instances, the scope of the corrective
13 action plans developed, approved, and completed under this
14 program shall be limited to the soil pesticide contamination
15 present at the site unless implementation of the plan is
16 coordinated with the Illinois Environmental Protection Agency
17 as follows:
18 (1) Upon receipt of notice of intent to include
19 groundwater in an action by a facility, the Department
20 shall also notify the Illinois Environmental Protection
21 Agency.
22 (2) Upon receipt of the corrective action plan, the
23 Department shall coordinate a joint review of the plan
24 with the Illinois Environmental Protection Agency.
25 (3) The Illinois Environmental Protection Agency
26 may provide a written endorsement of the corrective
27 action plan.
28 (4) The Illinois Environmental Protection Agency
29 may approve a groundwater management zone for a period of
30 5 years after the implementation of the corrective action
31 plan to allow for groundwater impairment mitigation
32 results.
33 (5) The Department, in cooperation with the
34 Illinois Environmental Protection Agency, shall recommend
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1 a proposed corrective action plan to the Board for final
2 approval to proceed with remediation. The recommendation
3 shall be based on the joint review conducted under
4 subdivision (f)(2) of this Section and the status of any
5 endorsement issued under subdivision (f)(3) of this
6 Section.
7 (6) The Department, in cooperation with the
8 Illinois Environmental Protection Agency, shall provide
9 remedial project oversight, monitor remedial work
10 progress, and report to the Board on the status of the
11 remediation project.
12 (7) The Department shall, upon completion of the
13 corrective action plan and recommendation of the Board,
14 issue a notice of closure stating that no further
15 remedial action is required to remedy the past pesticide
16 contamination.
17 (g) When an owner or operator of an agrichemical
18 facility initiates a soil contamination assessment on the
19 owner's or operator's own volition and independent of any
20 requirement under this Section 19.3, information contained in
21 that assessment may be held as confidential information by
22 the owner or operator of the facility.
23 (Source: P.A. 89-94, eff. 7-6-95.)
24 (415 ILCS 60/24.1) (from Ch. 5, par. 824.1)
25 Sec. 24.1. Administrative actions and penalties.
26 (1) The Director is authorized after an opportunity for
27 an administrative hearing to suspend, revoke, or modify any
28 license, permit, special order, registration, or
29 certification issued under this Act. This action may be
30 taken in addition to or in lieu of monetary penalties
31 assessed as set forth in this Section. When it is in the
32 interest of the people of the State of Illinois, the Director
33 may, upon good and sufficient evidence, suspend the
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1 registration, license, or permit until a hearing has been
2 held. In such cases, the Director shall issue an order in
3 writing setting forth the reasons for the suspension. Such
4 order shall be served personally on the person or by
5 registered or certified mail sent to the person's business
6 address as shown in the latest notification to the
7 Department. When such an order has been issued by the
8 Director, the person may request an immediate hearing.
9 (2) Before initiating hearing proceedings, the Director
10 may issue an advisory letter to a violator of this Act or its
11 rules and regulations when the violation points total 6 or
12 less, as determined by the Department by the Use and
13 Violation Criteria established in this Section. When the
14 Department determines that the violation points total more
15 than 6 but not more than 13, the Director shall issue a
16 warning letter to the violator.
17 (3) The hearing officer upon determination of a
18 violation or violations shall assess one or more of the
19 following penalties:
20 (A) For any person applying pesticides without a
21 license or misrepresenting certification or failing to
22 comply with conditions of an agrichemical facility permit
23 or failing to comply with the conditions of a written
24 authorization for land application of agrichemical
25 contaminated soils or groundwater, a penalty of $500
26 shall be assessed for the first offense and $1,000 for
27 the second and subsequent offenses.
28 (B) For violations of a stop use order imposed by
29 the Director, the penalty shall be $2500.
30 (C) For violations of a stop sale order imposed by
31 the Director, the penalty shall be $1500 for each
32 individual item of the product found in violation of the
33 order.
34 (D) For selling restricted use pesticides to a
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1 non-certified applicator the penalty shall be $1000.
2 (E) For selling restricted use pesticides without a
3 dealer's license the penalty shall be $1,000.
4 (F) For constructing or operating without an
5 agrichemical facility permit after receiving written
6 notification, the penalty shall be $500 for the first
7 offense and $1,000 for the second and subsequent
8 offenses.
9 (G) For violations of the Act and Rules and
10 Regulations, administrative penalties will be based upon
11 the total violation points as determined by the Use and
12 Violation Criteria as set forth in paragraph (4) of this
13 Section. The monetary penalties shall be as follows:
14 Total Violation Points Monetary Penalties
15 14-16 $750
16 17-19 $1000
17 20-21 $2500
18 22-25 $5000
19 26-29 $7500
20 30 and above $10,000
21 (4) The following Use and Violation Criteria establishes
22 the point value which shall be compiled to determine the
23 total violation points and administrative actions or monetary
24 penalties to be imposed as set forth in paragraph (3)(G) of
25 this Section:
26 (A) Point values shall be assessed upon the harm or
27 loss incurred.
28 (1) A point value of 1 shall be assessed for
29 the following:
30 (a) Exposure to a pesticide by plants,
31 animals or humans with no symptoms or damage
32 noted.
33 (b) Fraudulent sales practices or
34 representations with no apparent monetary
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1 losses involved.
2 (2) A point value of 2 shall be assessed for
3 the following:
4 (a) Exposure to a pesticide which
5 resulted in:
6 (1) Plants or property showing signs
7 of damage including but not limited to
8 leaf curl, burning, wilting, spotting,
9 discoloration, or dying.
10 (2) Garden produce or an
11 agricultural crop not being harvested on
12 schedule.
13 (3) Fraudulent sales practices or
14 representations resulting in losses under
15 $500.
16 (3) A point value of 4 shall be assessed for
17 the following:
18 (a) Exposure to a pesticide resulting in
19 a human experiencing headaches, nausea, eye
20 irritation and such other symptoms which
21 persisted less than 3 days.
22 (b) Plant or property damage resulting in
23 a loss below $1000.
24 (c) Animals exhibiting symptoms of
25 pesticide poisoning including but not limited
26 to eye or skin irritations or lack of
27 coordination.
28 (d) Death to less than 5 animals.
29 (e) Fraudulent sales practices or
30 representations resulting in losses from $500
31 to $2000.
32 (4) A point value of 6 shall be assessed for
33 the following:
34 (a) Exposure to a pesticide resulting in
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1 a human experiencing headaches, nausea, eye
2 irritation and such other symptoms which
3 persisted 3 or more days.
4 (b) Plant or property damage resulting in
5 a loss of $1000 or more.
6 (c) Death to 5 or more animals.
7 (d) Fraudulent sales practices or
8 representations resulting in losses over $2000.
9 (B) Point values shall be assessed based upon the
10 signal word on the label of the chemical involved:
11 Point Value Signal Word
12 1 Caution
13 2 Warning
14 4 Danger/Poison
15 (C) Point values shall be assessed based upon the
16 degree of responsibility.
17 Point Value Degree of Responsibility
18 2 Accidental (such as equipment
19 malfunction)
20 4 Negligence
21 10 Knowingly
22 (D) Point values shall be assessed based upon the
23 violator's history for the previous 3 years:
24 Point Value Record
25 2 Advisory letter
26 3 Warning letter
27 5 Previous criminal conviction
28 of this Act or administrative
29 violation resulting in a
30 monetary penalty
31 7 Certification, license or
32 registration currently
33 suspended or revoked
34 (E) Point values shall be assessed based upon the
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1 violation type:
2 (1) Application Oriented:
3 Point Value Violation
4 1 Inadequate records
5 2 Lack of supervision
6 2 Faulty equipment
7 Use contrary to label
8 directions:
9 2 a. resulting in exposure to
10 applicator or operator
11 3 b. resulting in exposure to
12 other persons or the
13 environment
14 3 c. precautionary statements,
15 sites, rates, restricted use
16 requirements
17 3 Water contamination
18 3 Storage or disposal contrary
19 to label directions
20 3 Pesticide drift
21 4 Direct application to a
22 non-target site
23 6 Falsification of records
24 6 Failure to secure a permit or
25 violation of permit or special
26 order
27 (2) Product Oriented:
28 Point Value Violation
29 6 Pesticide not registered
30 4 Product label claims differ
31 from approved label
32 4 Product composition (active
33 ingredients differs from that
34 of approved label)
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1 4 Product not colored as
2 required
3 4 Misbranding as set forth in
4 Sec. 5 of the Act (4 points
5 will be assessed for each
6 count)
7 (5) Any penalty not paid within 60 days of notice
8 from the Department shall be submitted to the Attorney
9 General's Office for collection. Failure to pay a
10 penalty shall also be grounds for suspension or
11 revocation of permits, licenses and registrations.
12 (6) Private applicators, except those private
13 applicators who have been found by the Department to have
14 committed a "use inconsistent with the label" as defined
15 in subsection 40 of Section 4 of this Act, are exempt
16 from the Use and Violation Criteria point values.
17 (Source: P.A. 87-128; 88-257.)
18 Section 10. The Animal Disease Laboratories Act is
19 amended by changing Section 1 as follows:
20 (510 ILCS 10/1) (from Ch. 8, par. 105.11)
21 Sec. 1. Laboratory services.
22 (a) The Department of Agriculture is authorized to
23 establish such additional number of animal disease
24 laboratories, not exceeding five, as may be necessary to
25 serve the livestock and poultry industry of the State.
26 (b) Such laboratories each shall be in charge of a
27 licensed veterinarian, who in addition to making serological
28 blood tests, shall be competent to make diagnoses of such
29 cases of livestock and poultry diseases as may be submitted
30 to such laboratories.
31 (c) The Department may enter into an arrangement with
32 the College of Veterinary Medicine of the University of
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1 Illinois whereby any cases submitted to such laboratories
2 which are not susceptible of diagnosis in the field or by
3 common laboratory procedure, or upon which research is
4 required, may be submitted to such College of Veterinary
5 Medicine for diagnosis or research.
6 (d) The Department may establish and collect reasonable
7 fees for diagnostic services performed by such animal disease
8 laboratories. However, no fees may be collected for
9 diagnostic tests required by Illinois law.
10 (e) The Department may establish and collect reasonable
11 fees for providing analyses of research samples, out-of-state
12 samples, non-agricultural samples, and survey project
13 samples. These samples shall be defined by rule. The fees
14 shall be deposited into the Illinois Department of
15 Agriculture Laboratory Services Revolving Fund. The fees
16 collected shall not exceed the Department's actual cost to
17 provide these services.
18 (f) Moneys collected under subsection (e) shall be
19 appropriated from the Illinois Department of Agriculture
20 Laboratory Services Revolving Fund solely for the purposes of
21 (1) testing specimens submitted in support of Department
22 programs established for animal health, welfare, and safety,
23 and the protection of Illinois consumers of Illinois
24 agricultural products, and (2) testing specimens submitted by
25 veterinarians and agency personnel to determine whether
26 chemically hazardous or biologically infectious substances or
27 other disease causing conditions are present.
28 (g) The Director may issue rules, consistent with the
29 provisions of this Act, for the administration and
30 enforcement of this Act. These rules shall be approved by
31 the Advisory Board of Livestock Commissioners.
32 (Source: P.A. 88-91.)
33 Section 99. Effective date. This Act takes effect July
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1 1, 1997, except the changes to the Animal Disease
2 Laboratories Act take effect January 1, 1998.