Illinois General Assembly - Full Text of Public Act 094-0758
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Public Act 094-0758




Public Act 094-0758
HB4462 Enrolled LRB094 16989 RSP 52270 b

    AN ACT concerning safety.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Pesticide Act is amended by
changing Section 14 as follows:
    (415 ILCS 60/14)  (from Ch. 5, par. 814)
    Sec. 14. Unlawful Acts.
    1. The following are violations of this Act, if any person:
        A. Made false or fraudulent claims through any media
    misrepresenting the effect of pesticides or methods.
        B. Applied known ineffective or improper pesticides.
        C. Applied pesticides in a faulty, careless, or
    negligent manner.
        D. Used or made recommendation for use of a pesticide
    inconsistent with the labeling of the pesticide.
        E. Neglected, or after notice in writing, refused, to
    comply with provisions of this Act, the regulations adopted
    hereunder, or of any lawful order of the Director,
    including the limitations specified in a duly issued
    permit, certification, or registration.
        F. Failed to keep and maintain records required by this
    Act or failed to make reports when and as required or made
    false or fraudulent records or reports.
        G. Used or supervised the use of a pesticide without
    qualifying as a certified applicator or licensed operator.
        H. Used fraud or misrepresentation in making
    application for, or renewal of, any license, permit,
    certification, or registration or in demonstration of
        I. Aided or abetted a person to evade provisions of
    this Act, conspired with any person to evade provisions of
    this Act or allowed a license, permit, certification or
    registration to be used by another person.
        J. Impersonated any federal, state, county, or city
        K. Purchased pesticides by using another person's
    license or using or purchasing pesticides outside of a
    specific category for which that person is licensed or any
    other misrepresentation.
        L. Fails to comply with the rules and regulations
    adopted under the authority of this Act.
    2. Except as provided in Section 14 (2G), it is unlawful
for any person to distribute in the State the following:
        A. A pesticide not registered pursuant to provisions of
    this Act.
        B. Any pesticide, if any claim made for it, use
    recommendation, other labeling or formulation, differs
    from the representations made in connection with
    registration. However, a change in labeling or formulation
    may be made within a registration if the change does not
    violate provisions of FIFRA or this Act.
        C. Any pesticide unless in the registrants unbroken
        D. Any pesticide container to which all label
    information required under provisions of this Act has not
    been securely affixed.
        E. Any pesticide which is adulterated or misbranded or
    any device which is misbranded.
        F. Any pesticide in a container which, due to damage,
    is hazardous to handle and store.
        G. It shall not be unlawful to distribute pesticides
    "in bulk" provided such distribution does not violate the
    provisions of this Act, the Rules and Regulations under
    this Act, or FIFRA.
    3. It shall be unlawful:
        A. To sell any pesticide labeled for restricted use to
    any applicator not certified, unless such applicator has a
    valid permit authorizing purchase under a special
    exemption from certification requirements.
        B. To handle, store, display, use or distribute
    pesticides in such manner as to endanger man and his
    environment, to endanger food, feed or other products that
    may be stored, displayed or distributed with such
        C. To use, dispose of, discard, or store pesticides or
    their containers in such a manner as to endanger public
    health and the environment or to pollute water supplies.
        D. To use for personal advantage, reveal to persons,
    other than the Director designee or properly designated
    official of other jurisdictions, or to a physician or other
    qualified person in cases of emergency for preparation of
    an antidote any information judged as relating to trade
    secrets. To use or reveal a financial information obtained
    by authority or marked as privileged or confidential by a
        E. To sell any pesticide labelled for restricted use
    over an Internet website to an Illinois resident who is not
    a certified pesticide applicator as provided under Section
    11 of this Act.
    4. Exemptions from the violation provisions of this Act are
as follows:
        A. Carriers lawfully engaged in transporting
    pesticides within this State, provided that such carrier
    shall upon request permit the Director to copy all records
    showing transactions in the movement of the pesticide or
        B. Public officials of this State or the federal
    government while engaged in the performance of official
    duties in administration of pesticide laws or regulations.
        C. Persons who ship a substance or mixture of
    substances being tested for the purpose of determining its
    value for pesticide use, to determine its toxicity or other
    properties and from which such user does not derive any
    benefit in pest control from its use.
    5. No pesticide or device shall be deemed in violation of
this Act when intended solely for export to a foreign country.
If it is not exported all the provisions of this Act shall
(Source: P.A. 87-128.)

Effective Date: 1/1/2007