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Public Act 102-0548


 

Public Act 0548 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0548
 
SB2245 EnrolledLRB102 11647 CPF 22624 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
    competence.
        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
    official.
        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
    container.
        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
    pesticides.
        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 registrant.
        E. To sell any pesticide labeled 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.
        F. To apply a restricted use pesticide on or within
    500 feet of school property during normal hours, except
    for whole structure fumigation. However, if the pesticide
    application information listed on the pesticide label is
    more restrictive than this paragraph (F), then the more
    restrictive provision shall apply. The Department of
    Agriculture shall adopt rules necessary to implement the
    provisions of this paragraph (F). As used in this
    paragraph (F), "normal school hours" means Monday through
    Friday from 7 a.m. until 4 p.m., excluding days when
    classes are not in session.
    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
    device.
        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
apply.
(Source: P.A. 94-758, eff. 1-1-07.)
 
    Section 99. Effective date. This Act takes effect January
1, 2022.

Effective Date: 1/1/2022