Public Act 096-1310
 
HB4866 EnrolledLRB096 16632 JDS 31908 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Weights and Measures Act is amended by
changing Section 8.1 as follows:
 
    (225 ILCS 470/8.1)  (from Ch. 147, par. 108.1)
    Sec. 8.1. Registration of servicepersons, service agents,
and special sealers. No person, firm, or corporation shall
sell, install, service, recondition or repair a weighing or
measuring device used in trade or commerce without first
obtaining a certificate of registration. Applications by
individuals for a certificate of registration shall be made to
the Department, shall be in writing on forms prescribed by the
Department, and shall be accompanied by the required fee.
    Each application shall provide such information that will
enable the Department to pass on the qualifications of the
applicant for the certificate of registration. The information
requests shall include present residence, location of the
business to be licensed under this Act, whether the applicant
has had any previous registration under this Act or any
federal, state, county, or local law, ordinance, or regulation
relating to servicepersons and service Agencies, whether the
applicant has ever had a registration suspended or revoked,
whether the applicant has been convicted of a felony, and such
other information as the Department deems necessary to
determine if the applicant is qualified to receive a
certificate of registration.
    Before any certificate of registration is issued, the
Department shall require the registrant to meet the following
qualifications:
        (1) Has possession of or available for use weights and
    measures, standards, and testing equipment appropriate in
    design and adequate in amount to provide the services for
    which the person is requesting registration.
        (2) Passes a qualifying examination for each type of
    weighing or measuring device he intends to install,
    service, recondition, or repair.
        (3) Demonstrates a working knowledge of weighing and
    measuring devices for which he intends to be registered.
        (4) Has a working knowledge of all appropriate weights
    and measures laws and their rules and regulations.
        (5) Has available a current copy of National Institute
    of Standards and Technology Handbook 44.
        (6) Pays the prescribed registration fee for the type
    of registration:
            (A) The annual fee for a Serviceperson Certificate
        of Registration shall be $30 $25.
            (B) The annual fee for a Special Sealer Certificate
        of Registration shall be $100 $50.
            (C) The annual fee for a Service Agency Certificate
        of Registration shall be $100 $50.
    "Registrant" means any individual, partnership,
corporation, agency, firm, or company registered by the
Department who installs, services, repairs, or reconditions,
for hire, award, commission, or any other payment of any kind,
any commercial weighing or measuring device.
    "Commercial weighing and measuring device" means any
weight or measure or weighing or measuring device commercially
used or employed (i) in establishing size, quantity, extent,
area, or measurement of quantities, things, produce, or
articles for distribution or consumption which are purchased,
offered, or submitted for sale, hire, or award, or (ii) in
computing any basic charge or payment for services rendered,
except as otherwise excluded by Section 2 of this Act, and
shall also include any accessory attached to or used in
connection with a commercial weighing or measuring device when
the accessory is so designed or installed that its operation
affects, or may affect, the accuracy of the device.
    "Serviceperson" means any individual who sells, installs,
services, repairs, or reconditions, for hire, award,
commission, or any other payment of kind, a commercial weighing
or measuring device.
    "Service agency" means any individual, agency, firm,
company, or corporation that, for hire, award, commission, or
any other payment of any kind, sells, installs, services,
repairs, or reconditions a commercial weighing or measuring
device.
    "Special sealer" means any serviceperson who is allowed to
service only one service agency's liquid petroleum meters or
liquid petroleum measuring devices.
    Each registered service agency and serviceperson shall
have report forms, known as "Placed in Service Reports". These
forms shall be executed in triplicate, shall include the
assigned registration number (in the case where a registered
serviceperson is representing a registered service agency both
assigned registration numbers shall be included), and shall be
signed by a registered serviceperson or by a registered
serviceperson representing a registered service agency for
each rejected or repaired device restored to service and for
each newly installed device placed in service. Whenever a
registered serviceperson or special sealer places into service
a weighing or measuring device, there shall be affixed to the
device indicator a decal provided by the Department that
indicates the device accuracy.
    Within 5 days after a device is restored to service or
placed in service, the original of a properly executed "Placed
in Service Report", together with any official rejection tag or
seal removed from the device, shall be mailed to the
Department. The duplicate copy of the report shall be handed to
the owner or operator of the device and the triplicate copy of
the report shall be retained by the service agency or
serviceperson.
    A registered service agency and a registered serviceperson
shall submit, at least once every 2 years to the Department for
examination and certification, any standards and testing
equipment that are used, or are to be used, in the performance
of the service and testing functions with respect to weighing
and measuring devices for which competence is registered. A
registered serviceperson or agency shall not use in servicing
commercial weighing and measuring devices any standards or
testing equipment that have not been certified by the
Department.
    When a serviceperson's or service agency's weights and
measures are carried to a National Institute of Standards and
Technology approved out-of-state weights and measures
laboratory for inspection and testing, the serviceperson or
service agency shall be responsible for providing the
Department a copy of the current certification of all weights
and measures used in the repair, service, or testing of
weighing or measuring devices within the State of Illinois.
    All registered servicepersons placing into service scales
in excess of 30,000 pounds shall have a minimum of 10,000
pounds of State approved certified test weights to accurately
test a scale.
    Persons working as apprentices are not subject to
registration if they work with and under the supervision of a
registered serviceperson.
    The Director is authorized to promulgate, after public
hearing, rules and regulations necessary to enforce the
provisions of this Section.
    For good cause and after a hearing upon reasonable notice,
the Director may deny any application for registration or any
application for renewal of registration, or may revoke or
suspend the registration of any registrant.
    The Director may publish from time to time as he deems
appropriate, and may supply upon request, lists of registered
servicepersons and registered service agencies.
    All final administrative decisions of the Director under
this Section shall be subject to judicial review under the
Administrative Review Law. The term "administrative decision"
is defined as in Section 1 of the Administrative Review Law.
(Source: P.A. 93-32, eff. 7-1-03.)
 
    Section 10. The Illinois Egg and Egg Products Act is
amended by changing Sections 6, 9, 10, 14.2, 16, and 16.5 and
by adding Section 16.7 as follows:
 
    (410 ILCS 615/6)  (from Ch. 56 1/2, par. 55-6)
    Sec. 6. Candling; labeling; sales by producers; retail
sales; temperature requirements. All eggs sold at retail or
purchased by institutional consumers must be candled for
quality and graded for size.
    A producer may sell on his own premises where eggs are
produced, direct to household consumers, for the consumer's
personal use and that consumer's non-paying guests, nest run
eggs without candling or grading those eggs.
    All eggs designated for sale off the premises where the
entire flock is located, such as at farmers' markets, and at
retail or for institutional use must be candled and graded and
held in a place or room in which the temperature may not exceed
45 degrees Fahrenheit after processing. Nest run eggs shall be
held at 60 degrees Fahrenheit or less at all times. During
transportation, the egg temperature may not exceed 45 degrees
Fahrenheit.
    Hatcheries buying eggs for hatching purposes from
producers under contract may sell their surplus eggs to a
licensed packer or handler provided that the hatchery shall
keep records which indicate the number of cases sold, the date
of sale and the name and address of the packer or handler
making the purchase.
    All eggs candled or candled and graded outside the State
must meet Federal standards before they can be sold or offered
for sale in the State. No eggs may be offered for sale for
consumer use after the original 30-day candling date.
    Each container of eggs offered for sale or sold at
wholesale or retail must be labeled in accordance with the
standards established by the Department showing grade, size,
packer identification, and candling date, and must may be
labeled with an expiration date, or other similar language as
specified by USDA standards, that is not later than 30 days
from the candling date for grade A eggs and not later than 15
days after the candling date for grade AA eggs.
    The grade and size of eggs must be conspicuously marked in
bold face type on all consumer-size containers.
    The size and height of lettering or numbering requirement
shall be set by regulation and shall conform as near as
possible to those required by Federal law.
    All advertising of shell eggs for sale at retail for a
stated price shall contain the grade and size of the eggs. The
information contained in such advertising shall not be
misleading or deceptive. In cases of food-borne disease
outbreaks in which eggs are identified as the source of the
disease, all eggs from the flocks from which those
disease-causing eggs came shall be identified with a producer
identification or flock code number to control the movement of
those eggs.
(Source: P.A. 92-677, eff. 7-16-02.)
 
    (410 ILCS 615/9)  (from Ch. 56 1/2, par. 55-9)
    Sec. 9. Licenses; fees. The Department shall issue a
license to any person upon receipt and approval of a proper
application and the required fee. The license fee and
classification of the license shall be established by rule.
    A license must be obtained for each separate business
location and this license shall be posted in a conspicuous
place at the location for which it was purchased. Licenses are
non-transferable.
    The application for an initial license may be filed at any
time prior to beginning business as an egg handler. The
licensing year for an egg license shall be July 1 through June
30. The egg license shall expire at the end of the licensing
year.
    A penalty of $50 shall be assessed for any renewal license
not renewed by July 1 of the year in which the license renewal
is due. This penalty shall be assessed in addition to the
license fee.
    The application for renewal of a license shall be filed
with the Department annually by May 1.
    Any license that is in effect on the effective date of this
Act shall remain in effect until the date of required renewal
as set forth in the Act.
(Source: P.A. 89-154, eff. 7-19-95.)
 
    (410 ILCS 615/10)  (from Ch. 56 1/2, par. 55-10)
    Sec. 10. Inspection fee. The Director shall set, by
regulation, a per case inspection fee which shall cover the
administrative and inspection costs of the program required by
the Act. In no case shall the rate exceed 11 6 per each 30
dozen eggs or fraction thereof.
    The inspection fee as set shall be imposed upon eggs
bearing a designated size and grade sold or offered for sale in
Illinois. The first handler in Illinois who packed and sold the
eggs must pay the prescribed inspection fee on those eggs. If
eggs are shipped into Illinois, the handler who invoiced the
eggs to Illinois must pay the fee. When the handler sells the
eggs, the inspection fee shall be charged in addition to the
sale price of the eggs and shall be remitted to the seller by
the purchaser. Each sales invoice shall indicate the amount of
inspection fee for the transaction. Eggs sold and shipped out
of the State of Illinois by Illinois packers are exempt from
the inspection fee.
    The inspection fee shall be paid only once on the same
quantity of eggs so long as those eggs maintain their identity
by remaining in their original case, carton or package. All
inspection fees shall be paid into the "Agricultural Master
Fund" to the credit of a special account designated as the
"Auxiliary Egg Inspection Fund". All amounts credited to the
"Auxiliary Egg Inspection Fund" shall be used for the
enforcement of the provisions of this Act. The method and
manner of collecting the inspection fee levied, whether it be
by the use of stamps, monthly reporting and collecting from
dealers or any other method shall be prescribed by the Director
of Agriculture, pursuant to rules and regulations adopted for
this purpose as authorized under the provisions of this Act.
(Source: P.A. 92-677, eff. 7-16-02.)
 
    (410 ILCS 615/14.2)  (from Ch. 56 1/2, par. 55-14.2)
    Sec. 14.2. For the purpose of carrying out the provisions
of this Act and the rules and regulations promulgated
thereunder, the Department through its authorized inspectors
or agents is empowered:
        (a) To enter on any business day during the usual hours
    of business, any place or conveyance within the State where
    eggs are produced, candled, incubated, stored, packed,
    delivered for shipment, loaded, shipped, transported or
    sold. ;
        (b) To enter on any business day during the usual hours
    of business, with or without the presence of the owner,
    manager, or other responsible person, any restaurant
    kitchen or the kitchen and food storage area of any other
    public eating place including but not limited to hotels,
    boarding houses, hospitals, nursing homes, government
    institutions, or any other business facility or place in
    which eggs or egg products are stored, prepared, or offered
    as food for use by its patrons, residents, inmates, or
    patients. ;
        (c) To enter on any business day during the usual hours
    of business the cooking or food preparation area of any
    bakery where eggs and egg products are used in the
    manufacture of bakery products, with or without the
    presence of the owner or persons employed as bakers, or to
    enter at any time while those bakery products are being
    prepared.
        (d) To sample any eggs or egg products for analysis or
    testing. Sample eggs or egg products shall be furnished at
    no cost to the Department.
        (e) To inspect all invoices, eggs and egg products, and
    the cases and containers for eggs or egg products and the
    equipment found in the places or conveyances described in
    paragraph (a) and to seize and hold as evidence an
    advertisement, sign, placard, invoice, case or container
    of eggs or egg products, or all or any part of any pack,
    load, lot, consignment, or shipment of eggs or egg products
    packed, stored, delivered for shipment, loaded, shipped,
    transported, or sold in violation of any provision of this
    Act. Possession of a commodity described in this Section by
    any person engaged in the sale of that commodity is prima
    facie evidence that the commodity is for sale.
        (f) To seize and hold any case or container of eggs or
    egg products from any person or business who is not
    licensed under Section 8 of this Act and is required to be
    licensed.
    Possession of a commodity described in this Section by any
person engaged in the sale of that commodity is prima facie
evidence that the commodity is for sale.
(Source: P.A. 89-154, eff. 7-19-95.)
 
    (410 ILCS 615/16)  (from Ch. 56 1/2, par. 55-16)
    Sec. 16. Effective November 1, 1975, no person shall engage
in the business of removing eggs from their shells, in the
manufacture of or preparation of frozen, liquid, desiccated or
any other forms of whole eggs, yolks, whites or any mixture of
yolks and whites for food purposes, with or without the
addition of any other wholesome ingredients, without first
obtaining an Egg Breaker's License from the Department. The
Department shall inspect the establishment and the equipment to
be used in the egg breaking establishment and shall also
ascertain if the establishment complies in method, equipment
and the rules and regulations in regard to sanitation, which
shall from time to time be established by the Department to
govern these establishments. If, after such inspection, it
appears that such establishment complies with the provisions of
the rules and regulations in regard to sanitation governing egg
breaking establishments, the Department shall issue an Egg
Breaker's License to the establishment, upon payment of the
required fee. Beginning on November 1, 2010, the license year
shall begin on November 1 and expire on June 30, 2011.
Thereafter, the license year shall begin on July 1 of each
year, and all licenses shall expire on June 30 of the following
year. The license year shall begin on November 1, of each year
and all licenses shall expire on October 31, of each year. The
license fee shall be $200 for a year or fraction thereof.
    All liquid, frozen or dried egg products sold or offered
for sale shall be processed under continuous supervision of an
inspector of the Department or the United States Department of
Agriculture in an Official Plant as specified in the Egg
Products Inspection Act.
(Source: P.A. 91-357, eff. 7-29-99.)
 
    (410 ILCS 615/16.5)
    Sec. 16.5. Violations; administrative monetary penalties.
The Director is authorized to hold administrative hearings to
determine violations of this Act or the Department's rules and
regulations adopted under this Act. After finding that a
violation has occurred, the Director may impose administrative
monetary penalties as follows:
        (1) Against a licensee who sells or offers for sale
    non-inspected frozen, liquid, or dried egg products:
            (A) $500 for a first violation.
            (B) $1,000 for a second violation within 2 years
        after the first violation.
            (C) $2,000 for a third or subsequent violation
        within 2 years after the immediately preceding
        violation.
        (2) Against a licensee who makes a false, deceptive, or
    misleading statement, representation, or assertion
    concerning the quality, size, weight, or condition of, or
    any other matter relating to advertising and selling, eggs
    and egg products: , $200.
            (A) $200 for a first violation.
            (B) $500 for a second violation within 2 years
        after the first violation.
            (C) $1,000 for a third or subsequent violation
        within 2 years after the immediately preceding
        violation.
        (3) Against a licensee who furnishes an invoice,
    statement, or bill showing a standard of size, standard of
    quality, representation of freshness, or any other
    description of eggs or egg products that is false,
    deceptive, or misleading in any particular: , $200.
            (A) $200 for a first violation.
            (B) $500 for a second violation within 2 years
        after the first violation.
            (C) $1,000 for a third or subsequent violation
        within 2 years after the immediately preceding
        violation.
        (4) Against any person who resists, hinders,
    obstructs, or in any way interferes with any officer,
    inspector, or employee of the Department in the discharge
    of his or her duties under the provisions of this Act,
    $300.
        (5) Against any person who buys, sells, trades, or
    barters eggs in this State without having obtained a
    license, $300.
        (6) For all other violations:
            (A) $200 $100 for a first violation.
            (B) $400 $200 for a second violation within 2 years
        after the first violation.
            (C) $600 $400 for a third or subsequent violation
        within 2 years after the immediately preceding
        violation.
    A penalty not paid within 60 days after it is due may be
submitted to the Attorney General's office or an approved
private collection agency for collection.
(Source: P.A. 89-154, eff. 7-19-95.)
 
    (410 ILCS 615/16.7 new)
    Sec. 16.7. Suspension and revocation of license.
    (a) The Director may suspend a license if the Department
has reason to believe that any one or more of the following has
occurred:
        (1) A licensee has made a material misstatement in an
    application for an original or renewal license under this
    Act.
        (2) A licensee has violated this Act or any rules
    adopted under this Act, and the violation or pattern of
    violations indicates a danger to public health.
        (3) A licensee has aided or abetted another in the
    violation of this Act or any rule adopted under this Act,
    and the violation or pattern of violations indicates a
    danger to public health.
        (4) A licensee has allowed his or her license to be
    used by an unlicensed person.
        (5) A licensee has been convicted of a felony violation
    of this Act or any crime an essential element of which is
    misstatement, fraud, or dishonesty.
        (6) A licensee has made a false, deceptive, or
    misleading statement, representation, or assertion
    concerning the quality, size, weight, or condition of, or
    any other matter relating to advertising and selling of,
    eggs and egg products.
        (7) A licensee has failed to possess the necessary
    qualifications or to meet the requirements of this Act for
    the issuance or holding of a license.
    (b) Within 10 days after suspending a person's license, the
Department must commence an administrative hearing to
determine whether to reinstate or revoke the license. After the
Department schedules the administrative hearing, but no later
than 5 days before the scheduled hearing date, the Department
shall serve on the licensee written notice of the date, place,
and time of the hearing. The Department may serve this notice
by personal service on the licensee or by registered or
certified mail, return receipt requested, to the licensee's
place of business. After the hearing, the Director shall issue
an order either reinstating or revoking the license.
 
    Section 15. The Illinois Pesticide Act is amended by
changing Sections 6, 11, 11.1, and 12 and by adding Section
13.3 as follows:
 
    (415 ILCS 60/6)  (from Ch. 5, par. 806)
    Sec. 6. Registration.
    1. Every pesticide which is distributed, sold, offered for
sale within this State, delivered for transportation or
transported in interstate commerce or between points within the
State through any point outside the State, shall be registered
with the Director or his designated agent, subject to
provisions of this Act. Such registration shall be for a period
determined under item 1.5 of this Section and shall expire on
December 31st be renewed annually with registrations expiring
December 31 each year. Registration is not required if a
pesticide is shipped from one plant or warehouse to another
plant or warehouse by the same person and is used solely at
such plant or warehouse as a constituent part to make a
pesticide which is registered under provisions of this Act and
FIFRA.
    1.5. In order to stagger product registrations, the
Department shall, for the 2011 registration year, register half
of the applicants and their products for one year and the other
half for 2 years. Thereafter, a business registration and
product registration shall be for 2 years.
    2. Registration applicant shall file a statement with the
Director which shall include:
        A. The name and address of the applicant and the name
    and address of the person whose name will appear on the
    label if different from the applicant's.
        B. The name of the pesticide.
        C. A copy of the labeling accompanying the pesticide
    under customary conditions of distribution, sale and use,
    including ingredient statement, direction for use, use
    classification, and precautionary or warning statements.
    3. The Director may require the submission of complete
formula data.
    4. The Director may require a full description of tests
made and the results thereof, upon which the claims are based,
for any pesticide not registered pursuant to FIFRA, or on any
pesticide under consideration to be classified for restricted
use.
        A. The Director will not consider data he required of
    the initial registrant of a pesticide in support of another
    applicants' registration unless the subsequent applicant
    has obtained written permission to use such data.
        B. In the case of renewal registration, the Director
    may accept a statement only with respect to information
    which is different from that furnished previously.
    5. The Director may prescribe other requirements to support
a pesticide registration by regulation.
    6. For the years preceding the year 2004, any registrant
desiring to register a pesticide product at any time during one
year shall pay the annual registration fee of $100 per product
registered for that applicant. For the years 2004 through 2010
and thereafter, the annual product registration fee is $200 per
product. For the years 2011 and thereafter, the product
registration fee shall be $300 per product per year and shall
be paid at the time of registration.
    In addition, for the years preceding the year 2004 any
business registering a pesticide product at any time during one
year shall pay the annual business registration fee of $250.
For the years 2004 through 2010 and thereafter, the annual
business registration fee shall be $400. For the years 2011 and
thereafter, the business registration fee shall be $400 per
year and shall be paid at the time of registration. Each legal
entity of the business shall pay the annual business
registration fee.
    For the years preceding the year 2004, any applicant
requesting an experimental use permit shall pay the annual fee
of $100 per permit and all special local need pesticide
registration applicants shall pay an annual fee of $100 per
product. For the years 2004 through 2010 and thereafter, the
annual experimental use permit fee and special local need
pesticide registration fee is $200 per permit. For the years
2011 and thereafter, the annual experimental use permit and
special local need pesticide registration fee shall be $300 per
product. Subsequent SLN registrations for a pesticide already
registered shall be exempted from the registration fee.
        A. All registration accepted and approved by the
    Director shall expire on the 31st day of December in any
    one year unless cancelled. Registration for a special local
    need may be granted for a specific period of time with the
    approval date and expiration date specified.
        B. If a registration for special local need granted by
    the Director does not receive approval of the Administrator
    of USEPA, the registration shall expire on the date of the
    Administrator's disapproval.
    7. Registrations approved and accepted by the Director and
in effect on the 31st day of December, for which renewal
application is made, shall continue in full force and effect
until the Director notifies the registrant that the renewal has
been approved and accepted or the registration is denied under
this Act. Renewal registration forms will be provided to
applicants by the Director.
    8. If the renewal of a pesticide registration is not filed
within 30 days of the date of expiration, a penalty late
registration assessment of $400 $300 per product shall apply in
lieu of the normal annual product registration fee. The late
registration assessment shall not apply if the applicant
furnishes an affidavit certifying that no unregulated
pesticide was distributed or sold during the period of
registration. The late assessment is not a bar to prosecution
for doing business without proper registry.
    9. The Director may prescribe by regulation to allow
pesticide use for a special local need, pursuant to FIFRA.
    10. The Director may prescribe by regulation the provisions
for and requirements of registering a pesticide intended for
experimental use.
    11. The Director shall not make any lack of essentiality a
criterion for denial of registration of any pesticide. Where 2
pesticides meet the requirements, one should not be registered
in preference to the other.
    12. It shall be the duty of the pesticide registrant to
properly dispose of any pesticide the registration of which has
been suspended, revoked or cancelled or which is otherwise not
properly registered in the State.
(Source: P.A. 93-32, eff. 7-1-03.)
 
    (415 ILCS 60/11)  (from Ch. 5, par. 811)
    Sec. 11. Certified Pesticide Applicators. No person shall
use or supervise the use of pesticides classified for
restricted use without a license issued by the Director.
Persons licensed or desiring to be licensed as certified
pesticide applicators shall comply with the certification
requirements as set forth in Section 9 of this Act in order to
protect public health and the environment, including injury to
the applicator or other persons using these pesticides.
    An applicant for certification as a private pesticide
applicator shall meet qualification requirements prescribed by
regulation. The application for certification shall be made in
writing to the Director, on forms available from the Director
or the local county agricultural extension adviser's office and
be accompanied by payment of a $10 license fee in the years
preceding the year 2001. During the years 2001, 2002, 2003,
2004, 2005, and 2006, the private pesticide applicator license
fee shall be $15. During the years 2007 through 2010 and
thereafter, the private pesticide applicator license fee shall
be $20. For the years 2011 and thereafter, the private
pesticide applicator license fee shall be $30. A private
pesticide applicator shall be assessed a fee of $5 for a
duplicate license. Such application shall include:
    A. The full name of the applicant.
    B. The mailing address of the applicant.
    C. The documents required as evidence of competence and
knowledge regarding the use of pesticides.
    Certification, as a private pesticide applicator, issued
by the Director shall be valid for a period prescribed by
regulation. The Director shall develop regulatory standards to
ensure that certified private pesticide applicators continue
to meet the requirements of a changing technology and assure a
continued level of competence and ability.
(Source: P.A. 90-205, eff. 1-1-98.)
 
    (415 ILCS 60/11.1)  (from Ch. 5, par. 811.1)
    Sec. 11.1. Public and Commercial Not-for-Hire License. No
public or commercial not-for-hire applicator shall use or
supervise the use of any pesticide without a license issued by
the Director. For the years 2011 and thereafter, the public or
commercial not-for-hire pesticide applicator license fee shall
be $20. The late application fee for a public or commercial
not-for-hire applicator license shall be $20 in addition to the
normal license fees. A public or commercial not-for-hire
applicator shall be assessed a fee of $5 for a duplicate
license.
    1. Application for certification as a commercial
not-for-hire pesticide applicator shall be made in writing on
designated forms available from the Director. Each application
shall contain information regarding the qualifications of the
applicant, classification of certification being sought, and
shall include the following:
        A. The full name of the applicant.
        B. The name of the applicant's employer.
        C. The address at the applicant's place of employment.
        D. Any other information prescribed by the Director on
    the designated form.
    2. The Director shall not issue a certification to a
commercial not-for-hire pesticide applicator until the
individual identified has demonstrated his competence and
knowledge regarding pesticide use in accordance with Section 9
of this Act.
    3. The Director shall not renew a certification as a
commercial not-for-hire pesticide applicator until the
applicant reestablishes his qualifications in accordance with
Section 9 of this Act or has met other requirements imposed by
regulation in order to ensure that the applicant meets the
requirements of changing technology and to assure a continued
level of competence and ability.
    4. Application for certification as a public pesticide
applicator shall be made in writing on designated forms
available from the Director. Each application shall contain
information regarding qualifications of applicant,
classification of certification being sought, and shall
include the following:
        A. The full name of the applicant.
        B. The name of the applicant's employer.
        C. Any other information prescribed by the Director on
    the designated form.
    5. The Director shall not issue a certificate to a public
pesticide applicator until the individual identified has
demonstrated his competence and knowledge regarding pesticide
use in accordance with Section 9 of this Act.
    6. The Director shall not renew a certification as a public
pesticide applicator until the applicant reestablishes his
qualifications in accordance with Section 9 of this Act or has
met other requirements imposed by regulation in order to ensure
that the applicant meets the requirements of changing
technology and to assure a continued level of competence and
ability.
    7. Persons applying general use pesticides, approved by the
Inter-Agency Committee on the Use of Pesticides, to scrap tires
for the control of mosquitoes shall be exempt from the license
requirements of this Section.
(Source: P.A. 90-205, eff. 1-1-98.)
 
    (415 ILCS 60/12)  (from Ch. 5, par. 812)
    Sec. 12. Licensed Operator. No pesticide operator shall use
any pesticides without a pesticide operator license issued by
the Director.
    1. Application for an operator license shall be made in
writing on designated forms available from the Director. Each
application shall contain information regarding the nature of
applicants pesticide use, his qualifications, and such other
facts as prescribed on the form. The application shall also
include the following:
        A. The full name of applicant.
        B. The address of the applicant.
        C. The name of and license/certification number of the
    pesticide applicator under whom the applicant will work.
    2. The Director shall not issue a pesticide operator
license until the individual identified has demonstrated his
competence and knowledge regarding pesticide use in accordance
with Section 9 of this Act.
    3. The Director shall not issue an operator license to any
person who is unable to provide the name and
license/certification number of an applicator under whom the
operator will work.
    4. For the years preceding the year 2001, a licensed
commercial operator working for or under the supervision of a
certified licensed commercial pesticide applicator shall pay
an annual fee of $25. For the years 2001, 2002, and 2003, the
annual fee for a commercial operator license is $30. For the
years 2004, 2005, and 2006, the annual fee for a commercial
operator license is $35. For the years 2007 and thereafter, the
annual fee for a commercial operator license is $40. The late
application fee for an operator license shall be $20 in
addition to the normal license fee. A licensed operator shall
be assessed a fee of $5 for a duplicate license.
    5. For the years 2011 and thereafter, the public or
commercial not-for-hire pesticide operator license fee shall
be $15. The late application fee for a public or commercial
not-for-hire applicator license shall be $20 in addition to the
normal license fees. A public or commercial not-for-hire
operator shall be assessed a fee of $5 for a duplicate license.
(Source: P.A. 89-94, eff. 7-6-95; 90-205, eff. 1-1-98.)
 
    (415 ILCS 60/13.3 new)
    Sec. 13.3. Agrichemical facility containment permits. An
agrichemical containment permit issued by the Department shall
be obtained for each existing and new agrichemical facility and
non-commercial agrichemical facility as defined by rules
promulgated by the Department. A permit fee of $100 shall be
submitted to the Department with each permit application or
permit renewal application. All moneys collected under this
Section must be deposited into the Pesticide Control Fund.
 
    Section 20. The Lawn Care Products Application and Notice
Act is amended by changing Section 5 as follows:
 
    (415 ILCS 65/5)  (from Ch. 5, par. 855)
    Sec. 5. Containment of spills, wash water, and rinsate
collection.
    (a) No loading of lawn care products for distribution to a
customer or washing or rinsing of pesticide residues from
vehicles, application equipment, mixing equipment, floors or
other items used for the storage, handling, preparation for
use, transport, or application of pesticides to lawns shall be
performed at a facility except in designated containment areas
in accordance with the requirements of this Section. A lawn
care containment permit, issued by the Department, shall be
obtained prior to the operation of the containment area. The
Department shall issue a lawn care containment permit when the
containment area or facility complies with the provisions of
this Section and the rules and regulations adopted under
Sections 5 and 6. A permit fee of $100 shall be submitted to
the Department with each permit application or permit renewal
application. All moneys collected pursuant to this Section
shall be deposited into the Pesticide Control Fund.
    (b) No later than January 1, 1993, containment areas shall
be in use in any facility as defined in this Act and no wash
water or rinsates may be released into the environment except
in accordance with applicable law. Containment areas shall
include the following requirements:
        (1) The containment area shall be constructed of
    concrete, asphalt or other impervious materials which
    include, but are not limited to, polyethylene containment
    pans and synthetic membrane liners. All containment area
    materials shall be compatible with the lawncare products to
    be contained.
        (2) The containment area shall be designed to capture
    spills, washwaters, and rinsates generated in the loading
    of application devices, the lawncare product-related
    servicing of vehicles, and the triple rinsing of pesticide
    containers and to prevent the release of such spills,
    washwaters, or rinsates to the environment other than as
    described in paragraph (3) of this subsection (b).
        (3) Spills, washwaters, and rinsates captured in the
    containment area may be used in accordance with the label
    rates of the lawncare products, reused as makeup water for
    dilution of pesticides in preparation of application, or
    disposed in accordance with applicable local, State and
    federal regulations.
    (c) The requirements of this Section shall not apply to
situations constituting an emergency where washing or rinsing
of pesticide residues from equipment or other items is
necessary to prevent imminent harm to human health or the
environment.
    (d) The requirements of this Section shall not apply to
persons subject to the containment requirements of the Illinois
Pesticide Act or the Illinois Fertilizer Act of 1961 and any
rules or regulations adopted thereunder.
(Source: P.A. 92-113, eff. 7-20-01.)
 
    Section 25. The Illinois Commercial Feed Act of 1961 is
amended by changing Sections 4 and 6 as follows:
 
    (505 ILCS 30/4)  (from Ch. 56 1/2, par. 66.4)
    Sec. 4. Product Registration and Firm License.
    (a) No person who manufactures feed in this State or whose
name appears on the label shall distribute a commercial feed
unless the person has secured a license under this Act on forms
provided by the Department which identify the name and address
of the firm and the location of each manufacturing facility of
that firm within this State. An application for the license
shall be accompanied by a fee of $30 $25 for each year or any
portion thereof. All firm licenses shall expire December 31 of
each year. Each commercial feed shall be registered before
being distributed in this State, provided, however, that
customer-formula feeds are exempt from registration. The
application for registration shall be submitted to the Director
on forms furnished or acceptable to the Director. The
registration shall be accompanied by a label and such other
information as the Director may require describing the product.
All registrations are permanent unless amended or cancelled by
the registrant.
    (b) A distributor shall not be required to register any
product which is already registered under this Act by another
person, unless the product has been repackaged or relabelled.
    (c) Changes in the guarantee of either chemical or
ingredient composition of a registered product may be permitted
provided that such changes would not result in a lowering of
the feeding value of the product for the purpose for which
designed.
    (d) The Director is empowered to refuse a product
registration or a firm license not in compliance with the
provisions of this Act and to suspend or revoke any product
registration or firm license subsequently found not to be in
compliance with any provision of this Act; provided, however,
that no product registration or firm license shall be refused
or revoked until an opportunity has been afforded the
respondent to be heard before the Director.
(Source: P.A. 87-664.)
 
    (505 ILCS 30/6)  (from Ch. 56 1/2, par. 66.6)
    Sec. 6. Inspection fees and reports.
    (a) An inspection fee at the rate of 30 20 cents per ton
shall be paid to the Director on commercial feed distributed in
this State by the person who first distributes the commercial
feed subject to the following:
        (1) The inspection fee is not required on the first
    distribution, if made to an Exempt Buyer, who with approval
    from the Director, will become responsible for the fee.
        (2) Customer-formula feeds are hereby exempted if the
    inspection fee is paid on the commercial feeds which they
    contain.
        (3) A fee shall not be paid on a commercial feed if the
    payment has been made by a previous distributor.
        (4) In the case of pet food and specialty pet food
    which are distributed in the State in packages of 10 pounds
    or less, an annual fee of $90 $75 shall be paid in lieu of
    an inspection fee. The inspection fee required by
    subsection (a) shall apply to pet food and specialty pet
    food distribution in packages exceeding 10 pounds. All fees
    collected pursuant to this Section shall be paid into the
    Feed Control Fund in the State Treasury.
    (b) The minimum inspection fee shall be $25 every 6 months.
    (c) Each person who is liable for the payment of the
inspection fee shall:
        (1) File, not later than the last day of January and
    July of each year, a statement setting forth the number of
    net tons of commercial feeds distributed in this State
    during the preceding calendar 6 months period; and upon
    filing such statement shall pay the inspection fee at the
    rate stated in paragraph (a) of this Section. This report
    shall be made on a summary form provided by the Director or
    on other forms as approved by the Director. If the tonnage
    report is not filed and the inspection fee is not paid
    within 15 days after the end of the filing date a
    collection fee amounting to 10% of the inspection fee that
    is due or $50 whichever is greater, shall be assessed
    against the person who is liable for the payment of the
    inspection fee in addition to the inspection fee that is
    due.
        (2) Keep such records as may be necessary or required
    by the Director to indicate accurately the tonnage of
    commercial feed distributed in this State, and the Director
    shall have the right to examine such records to verify
    statements of tonnage. Failure to make an accurate
    statement of tonnage or to pay the inspection fee or comply
    as provided herein shall constitute sufficient cause for
    the cancellation of all registrations or firm licenses on
    file for the manufacturer or distributor.
(Source: P.A. 93-32, eff. 7-1-03.)
 
    Section 30. The Animal Disease Laboratories Act is amended
by changing Section 1 as follows:
 
    (510 ILCS 10/1)  (from Ch. 8, par. 105.11)
    Sec. 1. Laboratory services.
    (a) The Department of Agriculture is authorized to
establish such additional number of animal disease
laboratories, not exceeding five, as may be necessary to serve
the livestock and poultry industry of the State.
    (b) Such laboratories each shall be in charge of a licensed
veterinarian, who in addition to making serological blood
tests, shall be competent to make diagnoses of such cases of
livestock and poultry diseases as may be submitted to such
laboratories.
    (c) The Department may enter into an arrangement with the
College of Veterinary Medicine of the University of Illinois
whereby any cases submitted to such laboratories which are not
susceptible of diagnosis in the field or by common laboratory
procedure, or upon which research is required, may be submitted
to such College of Veterinary Medicine for diagnosis or
research.
    (d) The Department may establish and collect reasonable
fees for diagnostic services performed by such animal disease
laboratories. However, no fees may be collected for diagnostic
tests required by Illinois law.
    (e) The Department may establish and collect reasonable
fees for providing analyses of research samples, out-of-state
samples, non-agricultural samples, and survey project samples.
These samples shall be defined by rule. The fees shall be
deposited into the Illinois Department of Agriculture
Laboratory Services Revolving Fund. The fees collected shall
not exceed the Department's actual cost to provide these
services.
    (f) Moneys collected under subsection (e) shall be
appropriated from the Illinois Department of Agriculture
Laboratory Services Revolving Fund solely for the purposes of
(1) testing specimens submitted in support of Department
programs established for animal health, welfare, and safety,
and the protection of Illinois consumers of Illinois
agricultural products, and (2) testing specimens submitted by
veterinarians and agency personnel to determine whether
chemically hazardous or biologically infectious substances or
other disease causing conditions are present.
    (g) The Director may issue rules, consistent with the
provisions of this Act, for the administration and enforcement
of this Act. These rules shall be approved by the Advisory
Board of Livestock Commissioners.
(Source: P.A. 90-403, eff. 1-1-98.)
 
    Section 35. The Livestock Management Facilities Act is
amended by changing Section 30 as follows:
 
    (510 ILCS 77/30)
    Sec. 30. Certified Livestock Manager. The Department shall
establish a Certified Livestock Manager program in conjunction
with the livestock industry that will enhance management skills
in critical areas, such as environmental awareness, safety
concerns, odor control techniques and technology, neighbor
awareness, current best management practices, and the
developing and implementing of manure management plans.
    (a) Applicability. A livestock waste handling facility
serving 300 or greater animal units shall be operated only
under the supervision of a certified livestock manager. Not
withstanding the before-stated provision, a livestock waste
handling facility may be operated on an interim basis, but not
to exceed 6 months, to allow for the owner or operator of the
facility to become certified.
    (b) A certification program shall include the following:
        (1) A general working knowledge of best management
    practices.
        (2) A general working knowledge of livestock waste
    handling practices and procedures.
        (3) A general working knowledge of livestock
    management operations and related safety issues.
        (4) An awareness and understanding of the
    responsibility of the owner or operator for all employees
    who may be involved with waste handling.
    (c) Any certification issued shall be valid for 3 years and
thereafter be subject to renewal. A renewal shall be valid for
a 3 year period and the procedures set forth in this Section
shall be followed. The Department may require anyone who is
certified to be recertified in less than 3 years for just cause
including but not limited to repeated complaints where
investigations reveal the need to improve management
practices.
    (d) Methods for obtaining certified livestock manager
status.
        (1) The owner or operator of a livestock waste handling
    facility serving 300 or greater animal units but less than
    1,000 animal units shall become a certified livestock
    manager by:
            (A) attending a training session conducted by the
        Department of Agriculture, Cooperative Extension
        Service, or any agriculture association, which has
        been approved by or is in cooperation with the
        Department; or
            (B) in lieu of attendance at a training session,
        successfully completing a written competency
        examination.
        (2) The owner or operator of a livestock waste handling
    facility serving 1,000 or greater animal units shall become
    a certified livestock manager by attending a training
    session conducted by the Department of Agriculture,
    Cooperative Extension Service, or any agriculture
    association, which has been approved by or is in
    cooperation with the Department and successfully
    completing a written competency examination.
    (e) The certified livestock manager certificate shall be
issued by the Department and shall indicate that the person
named on the certificate is certified as a livestock management
facility manager, the dates of certification, and when renewal
is due.
    (f) For the years prior to 2011, the The Department shall
charge $10 for the issuance or renewal of a certified livestock
manager certificate. For the years 2011 and thereafter, the
Department shall charge $30 for the issuance or renewal of a
certified livestock manager certificate. The Department may,
by rule, establish fees to cover the costs of materials and
training for training sessions given by the Department.
    (g) The owner or operator of a livestock waste handling
facility operating in violation of the provisions of subsection
(a) of this Section shall be issued a warning letter for the
first violation and shall be required to have a certified
manager for the livestock waste handling facility within 30
working days. For failure to comply with the warning letter
within the 30 day period, the person shall be fined an
administrative penalty of up to $1,000 by the Department and
shall be required to enter into an agreement to have a
certified manager for the livestock waste handling facility
within 30 working days. For continued failure to comply, the
Department may issue an operational cease and desist order
until compliance is attained.
(Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
    225 ILCS 470/8.1from Ch. 147, par. 108.1
    410 ILCS 615/6from Ch. 56 1/2, par. 55-6
    410 ILCS 615/9from Ch. 56 1/2, par. 55-9
    410 ILCS 615/10from Ch. 56 1/2, par. 55-10
    410 ILCS 615/16from Ch. 56 1/2, par. 55-16
    410 ILCS 615/16.5
    410 ILCS 615/16.7 new
    415 ILCS 60/6from Ch. 5, par. 806
    415 ILCS 60/11from Ch. 5, par. 811
    415 ILCS 60/11.1from Ch. 5, par. 811.1
    415 ILCS 60/12from Ch. 5, par. 812
    415 ILCS 60/13.3 new
    415 ILCS 65/5from Ch. 5, par. 855
    505 ILCS 30/4from Ch. 56 1/2, par. 66.4
    505 ILCS 30/6from Ch. 56 1/2, par. 66.6
    510 ILCS 10/1from Ch. 8, par. 105.11
    510 ILCS 77/30