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Public Act 102-0548
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| SB2245 Enrolled | LRB102 11647 CPF 22624 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pesticide Act is amended by |
changing Section 14 as follows:
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(415 ILCS 60/14) (from Ch. 5, par. 814)
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Sec. 14. Unlawful Acts.
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1. The following are violations of this Act, if any |
person:
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A. Made false or fraudulent claims through any media |
misrepresenting the
effect of pesticides or methods.
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B. Applied known ineffective or improper pesticides.
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C. Applied pesticides in a faulty, careless, or |
negligent manner.
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D. Used or made recommendation for use of a pesticide |
inconsistent with
the labeling of the pesticide.
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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.
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F. Failed to keep and maintain records required by |
this Act or failed
to make reports when and as required or |
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made false or fraudulent records
or reports.
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G. Used or supervised the use of a pesticide without |
qualifying
as a certified applicator or licensed operator.
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H. Used fraud or misrepresentation in making |
application for, or renewal
of, any license, permit, |
certification, or registration or in demonstration
of |
competence.
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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.
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J. Impersonated any federal, state, county, or city |
official.
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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.
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L. Fails to comply with the rules and regulations |
adopted under the
authority of this Act.
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2. Except as provided in Section 14 (2G), it is unlawful |
for any person
to distribute in the State the following:
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A. A pesticide not registered pursuant to provisions |
of this Act.
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B. Any pesticide, if any claim made for it, use |
recommendation, other
labeling or formulation, differs |
from the representations made in connection
with |
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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.
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C. Any pesticide unless in the registrants unbroken |
container.
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D. Any pesticide container to which all label |
information required under
provisions of this Act has not |
been securely affixed.
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E. Any pesticide which is adulterated or misbranded or |
any device which is misbranded.
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F. Any pesticide in a container which, due to damage, |
is hazardous to
handle and store.
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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.
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3. It shall be unlawful:
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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.
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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.
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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.
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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
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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.
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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.
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4. Exemptions from the violation provisions of this Act |
are as follows:
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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.
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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.
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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
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any benefit in pest control from its use.
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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.
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(Source: P.A. 94-758, eff. 1-1-07.)
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Section 99. Effective date. This Act takes effect January |
1, 2022.
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