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(225 ILCS 10/5.6)
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Sec. 5.6. Pesticide and lawn care product application at |
day care centers.
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(a) Licensed day care centers shall abide by the |
requirements of Sections
10.2
and
10.3 of the Structural Pest |
Control Act.
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(b) Notification required pursuant to Section 10.3 of the |
Structural Pest
Control
Act may not be given more than 30 days |
before the application of the pesticide.
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(c) Each licensed day care center, subject to the |
requirements of Section
10.3 of the Structural Pest Control |
Act, must ensure that pesticides will
not
be
applied when |
children are present at the center. Toys and other items |
mouthed
or
handled by the children must be removed from the |
area before pesticides are
applied.
Children must not return to |
the treated area within 2 hours after a pesticide
application |
or
as specified on the pesticide label, whichever time is |
greater. |
(d) The owners and operators of licensed day care centers |
must ensure that lawn care products will not be applied to day |
care center grounds when children are present at the center or |
on its grounds. For the purpose of this Section, "lawn care |
product" has the same meaning as that term is defined in the |
Lawn Care Products Application and Notice Act.
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(Source: P.A. 93-381, eff. 7-1-04.)
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Section 15. The Lawn Care Products Application and Notice |
Act is amended by changing Sections 2, 3, and 6 as follows:
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(415 ILCS 65/2) (from Ch. 5, par. 852)
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Sec. 2. Definitions.
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For purposes of this Act:
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"Application" means the spreading of lawn care products
on |
a lawn.
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"Applicator for hire" means any person who makes an |
application of lawn
care products to a lawn or lawns for |
compensation, including applications made
by an employee to |
lawns owned, occupied or managed by his employer and
includes |
those licensed by the Department as licensed commercial
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applicators, commercial not-for-hire applicators, licensed |
public
applicators, certified applicators and licensed |
operators and those
otherwise subject to the licensure |
provisions of the Illinois Pesticide
Act, as now or hereafter |
amended.
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"Day care center" means any facility that qualifies as a |
"day care center" under the Child Care Act of 1969. |
"Department" means the Illinois Department of Agriculture.
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"Department of Public Health" means the Illinois |
Department of Public Health. |
"Facility" means a building or structure and appurtenances |
thereto used
by an applicator for hire for storage and handling |
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of pesticides or the
storage or maintenance of pesticide |
application equipment or vehicles.
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"Fertilizer" means any substance containing nitrogen, |
phosphorus or
potassium or other recognized plant nutrient or |
compound, which is used for
its plant nutrient content.
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"Golf course" means an area designated for the play or |
practice of the
game of golf, including surrounding grounds, |
trees, ornamental beds and the like.
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"Golf course superintendent" means any person entrusted |
with and employed
for the care and maintenance of a golf |
course.
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"Lawn" means land area covered with turf kept closely mown |
or land area
covered with turf and trees or shrubs. The term |
does not include (1) land
area used for research for |
agricultural production or for the commercial
production of |
turf, (2) land area situated within a public or private
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right-of-way, or (3) land area which is devoted to the |
production of any
agricultural commodity, including, but not |
limited to plants and plant
parts, livestock and poultry and |
livestock or poultry products,
seeds, sod, shrubs and other |
products of agricultural origin raised for
sale or for human or |
livestock consumption.
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"Lawn care products" means fertilizers or pesticides |
applied or
intended for application to lawns.
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"Person" means any individual, partnership, association, |
corporation or
State governmental agency, school district, |
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unit of local government and
any agency thereof.
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"Pesticide" means any substance or mixture of substances |
defined as a
pesticide under the Illinois Pesticide Act, as now |
or hereafter amended.
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"Plant protectants" means any substance or material used to |
protect
plants from infestation of insects, fungi, weeds and |
rodents, or any other
substance that would benefit the overall |
health of plants.
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"Turf" means the upper stratum of soils bound by grass and |
plant roots into a thick mat.
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(Source: P.A. 86-358.)
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(415 ILCS 65/3) (from Ch. 5, par. 853)
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Sec. 3. Notification requirements for application of lawn |
care products.
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(a) Lawn Markers.
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(1) Immediately following application of lawn care |
products to a lawn,
other than a golf course, an applicator |
for hire shall place a lawn marker
at the usual point or |
points of entry.
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(2) The lawn marker shall consist of a 4 inch by 5 inch |
sign,
vertical or horizontal, attached to the upper portion |
of a dowel or other
supporting device with the bottom of |
the marker extending no less than 12
inches above the turf.
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(3) The lawn marker shall be white and lettering on the |
lawn marker
shall be in a contrasting color. The marker |
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shall state on one side, in
letters of not less than 3/8 |
inch, the following:
"LAWN CARE APPLICATION - STAY OFF |
GRASS UNTIL DRY - FOR MORE INFORMATION
CONTACT: (here shall |
be inserted the name and business telephone number of
the |
applicator for hire)."
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(4) The lawn marker shall be removed and discarded by |
the property
owner or resident, or such other person |
authorized by the property owner or
resident, on the day |
following the application. The lawn marker shall not be
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removed by any person other than the property owner or |
resident or person
designated by such property owner or |
resident.
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(5) For applications to residential properties of 2 |
families or
less, the applicator for hire shall be required |
to place
lawn markers at the usual point or points of |
entry.
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(6) For applications to residential properties
of 2 |
families or more, or for application to other commercial |
properties,
the applicator for hire shall place lawn |
markers at the usual point or points
of entry to the |
property to provide notice that lawn care products have |
been
applied to the lawn.
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(b) Notification requirement for application of plant |
protectants on golf
courses.
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(1) Blanket posting procedure. Each golf course shall |
post in a
conspicuous place or places an all-weather poster |
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or placard stating to
users of or visitors to the golf |
course that from time to time plant
protectants are in use |
and additionally stating that if any questions or
concerns |
arise in relation thereto, the golf course superintendent |
or his
designee should be contacted to supply the |
information contained in
subsection (c) of this Section.
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(2) The poster or placard shall be prominently |
displayed in the pro
shop, locker rooms and first tee at |
each golf course.
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(3) The poster or placard shall be a minimum size of 8 |
1/2 by 11 inches
and the lettering shall not be less than |
1/2 inch.
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(4) The poster or placard shall read: "PLANT |
PROTECTANTS ARE
PERIODICALLY APPLIED TO THIS GOLF COURSE. |
IF DESIRED, YOU MAY CONTACT YOUR
GOLF COURSE SUPERINTENDENT |
FOR FURTHER INFORMATION."
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(c) Information to Customers of Applicators for Hire. At |
the time of
application of lawn care products to a lawn, an |
applicator for hire shall
provide the following information to |
the customer:
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(1) The brand name, or common name, and scientific name |
of each lawn care product applied;
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(2) The type of fertilizer or pesticide contained in |
the lawn care
product applied;
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(3) The reason for use of each lawn care product |
applied;
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(4) The range of concentration of end use product |
applied to the
lawn and amount of material applied;
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(5) Any special instruction appearing on the label of |
the lawn care
product applicable to the customer's use of |
the lawn following application;
and
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(6) The business name and telephone number of the |
applicator for hire
as well as the name of the person |
actually applying lawn care products to the
lawn; and |
(7) Upon the request of a customer or any person whose |
property abuts or is adjacent to the property of a customer |
of an applicator for hire, a copy of the material safety |
data sheet and approved pesticide registration label for |
each applied lawn care product.
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(d) Prior notification of application to lawn. In the case |
of all lawns
other than golf courses:
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(1) Any neighbor whose property abuts or is adjacent to |
the property
of a customer of an applicator for hire may |
receive prior notification of
an application by contacting |
the applicator for hire and providing his
name, address and |
telephone number.
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(2) At least the day before a scheduled application, an |
applicator
for hire shall provide notification to a person |
who has requested
notification pursuant to paragraph (1) of |
this subsection (d), such
notification to be made in |
writing, in person or by telephone, disclosing
the date and |
approximate time of day of application.
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(3) In the event that an applicator for hire is unable |
to provide
prior notification to a neighbor whose property |
abuts or is adjacent to the
property because of the absence |
or inaccessibility of the individual, at
the time of |
application to a customer's lawn, the applicator for hire |
shall
leave a written notice at the residence of the person |
requesting
notification, which shall provide the |
information specified in paragraph
(2) of this subsection |
(d).
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(e) Prior notification of application to golf courses.
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(1) Any landlord or resident with property that abuts |
or is adjacent
to a golf course may receive prior |
notification of an application of lawn
care products or |
plant protectants, or both, by contacting the golf course
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superintendent and providing his name, address and |
telephone number.
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(2) At least the day before a scheduled application of |
lawn care
products or plant protectants, or both, the golf |
course superintendent
shall provide notification to any |
person who has requested notification
pursuant to |
paragraph (1) of this subsection (e), such notification to |
be
made in writing, in person or by telephone, disclosing |
the date and
approximate time of day of application.
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(3) In the event that the golf course superintendent is |
unable to
provide prior notification to a landlord or |
resident because of the absence
or inaccessibility, at the |
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time of application, of the landlord or
resident, the golf |
course superintendent shall leave a written notice with
the |
landlord or at the residence which shall provide the |
information
specified in paragraph (2) of this subsection |
(e).
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(f) Notification for applications of pesticides to day care |
center grounds other than day care center structures and school |
grounds other
than school structures. |
(1) The owner or operator of a day care center must |
either (i) maintain a registry of parents and guardians of |
children in his or her care who have registered to receive |
written notification before the application of pesticide |
to day care center grounds and notify persons on that |
registry before applying pesticides or having pesticide |
applied to day care center grounds or (ii) provide written |
or telephonic notice to all parents and guardians of |
children in his or her care before applying pesticide or |
having pesticide applied to day care center grounds. |
(2) School districts must either (i) maintain a |
registry of parents
and guardians of students who have |
registered to receive written or telephonic notification
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before prior to the application of pesticide pesticides to |
school grounds and notify persons on that list before |
applying pesticide or having pesticide applied to school |
grounds or (ii) provide written or telephonic
notification |
to all parents and guardians of students before applying |
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pesticide or having pesticide applied to school grounds |
such pesticide
application. |
(3) Written notification required under item (1) or (2) |
of subsection (f) of this Section may be included in |
newsletters, bulletins,
calendars, or other correspondence |
currently published by the school district, but posting on |
a bulletin board is not sufficient.
The written or |
telephonic notification must be given at least 4 2 business |
days before
application of the pesticide and should |
identify the intended date of the
application of the |
pesticide and the name and telephone contact number for the
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school personnel responsible for the pesticide application |
program or, in the case of a day care center, the owner or |
operator of the day care center. Prior
written notice shall |
not be required if there is imminent threat to health or
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property. If such a situation arises, the appropriate |
school personnel or, in the case of a day care center, the |
owner or operator of the day care center must
sign a |
statement describing the circumstances that gave rise to |
the health
threat and ensure that written or telephonic |
notice is provided as soon as practicable.
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(Source: P.A. 91-99, eff. 7-9-99; 92-16, eff. 6-28-01.)
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(415 ILCS 65/6) (from Ch. 5, par. 856)
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Sec. 6. This Act shall be administered and enforced by the |
Department. The Department may promulgate rules and |
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regulations as necessary for the
enforcement of this Act. The |
Department of Public Health must inform school boards and the |
owners and operators of day care centers about the provisions |
of this Act that are applicable to school districts and day |
care centers, and it must inform school boards about the |
requirements contained in subdivisions 10-20.46 and 34-18.37 |
of the School Code. The Department of Public Health must |
recommend that day care centers and schools use a |
pesticide-free turf care program to maintain their turf. The |
Department of Public Health must also report violations of this |
Act of which it becomes aware to the Department for |
enforcement.
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(Source: P.A. 86-358; 87-1033.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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