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Public Act 102-0916


 

Public Act 0916 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0916
 
HB3118 EnrolledLRB102 15736 CPF 22287 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 4 and by adding Sections 13.4 and 13.5 as
follows:
 
    (415 ILCS 60/4)  (from Ch. 5, par. 804)
    Sec. 4. Definitions. As used in this Act:
    1. "Director" means Director of the Illinois Department of
Agriculture or his authorized representative.
    2. "Active Ingredient" means any ingredient which will
prevent, destroy, repel, control or mitigate a pest or which
will act as a plant regulator, defoliant or desiccant.
    3. "Adulterated" shall apply to any pesticide if the
strength or purity is not within the standard of quality
expressed on the labeling under which it is sold, distributed
or used, including any substance which has been substituted
wholly or in part for the pesticide as specified on the
labeling under which it is sold, distributed or used, or if any
valuable constituent of the pesticide has been wholly or in
part abstracted.
    4. "Agricultural Commodity" means produce of the land
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 including the
premises necessary to and used directly in agricultural
production. Agricultural commodity also includes aquatic
products, including any aquatic plants and animals or their
by-products that are produced, grown, managed, harvested and
marketed on an annual, semi-annual, biennial or short-term
basis, in permitted aquaculture facilities.
    5. "Animal" means all vertebrate and invertebrate species
including, but not limited to, man and other mammals, bird,
fish, and shellfish.
    5.5 "Barrier mosquitocide" means a pesticide that is
formulated to kill adult mosquitoes and that is applied so as
to leave a residual mosquitocidal coating on natural or
manmade surfaces. "Barrier mosquitocide" does not include a
product that is exempt from registration under the Federal
Insecticide, Fungicide, and Rodenticide Act, or rules adopted
pursuant to that Act.
    5.6 "Barrier mosquitocide treatment" means application of
a barrier mosquitocide to a natural or manmade surface.
    6. "Beneficial Insects" means those insects which during
their life cycle are effective pollinators of plants,
predators of pests or are otherwise beneficial.
    7. "Certified applicator".
        A. "Certified applicator" means any individual who is
    certified under this Act to purchase, use, or supervise
    the use of pesticides which are classified for restricted
    use.
        B. "Private applicator" means a certified applicator
    who purchases, uses, or supervises the use of any
    pesticide classified for restricted use, for the purpose
    of producing any agricultural commodity on property owned,
    rented, or otherwise controlled by him or his employer, or
    applied to other property if done without compensation
    other than trading of personal services between no more
    than 2 producers of agricultural commodities.
        C. "Licensed Commercial Applicator" means a certified
    applicator, whether or not he is a private applicator with
    respect to some uses, who owns or manages a business that
    is engaged in applying pesticides, whether classified for
    general or restricted use, for hire. The term also applies
    to a certified applicator who uses or supervises the use
    of pesticides, whether classified for general or
    restricted use, for any purpose or on property of others
    excluding those specified by subparagraphs 7 (B), (D), (E)
    of Section 4 of this Act.
        D. "Commercial Not For Hire Applicator" means a
    certified applicator who uses or supervises the use of
    pesticides classified for general or restricted use for
    any purpose on property of an employer when such activity
    is a requirement of the terms of employment and such
    application of pesticides under this certification is
    limited to property under the control of the employer only
    and includes, but is not limited to, the use or
    supervision of the use of pesticides in a greenhouse
    setting. "Commercial Not For Hire Applicator" also
    includes a certified applicator who uses or supervises the
    use of pesticides classified for general or restricted use
    as an employee of a state agency, municipality, or other
    duly constituted governmental agency or unit.
    8. "Defoliant" means any substance or combination of
substances which cause leaves or foliage to drop from a plant
with or without causing abscission.
    9. "Desiccant" means any substance or combination of
substances intended for artificially accelerating the drying
of plant tissue.
    10. "Device" means any instrument or contrivance, other
than a firearm or equipment for application of pesticides when
sold separately from pesticides, which is intended for
trapping, repelling, destroying, or mitigating any pest, other
than bacteria, virus, or other microorganisms on or living in
man or other living animals.
    11. "Distribute" means offer or hold for sale, sell,
barter, ship, deliver for shipment, receive and then deliver,
or offer to deliver pesticides, within the State.
    12. "Environment" includes water, air, land, and all
plants and animals including man, living therein and the
interrelationships which exist among these.
    13. "Equipment" means any type of instruments and
contrivances using motorized, mechanical or pressure power
which is used to apply any pesticide, excluding pressurized
hand-size household apparatus containing dilute ready to apply
pesticide or used to apply household pesticides.
    14. "FIFRA" means the Federal Insecticide, Fungicide, and
Rodenticide Act, as amended.
    15. "Fungi" means any non-chlorophyll bearing
thallophytes, any non-chlorophyll bearing plant of a lower
order than mosses or liverworts, as for example rust, smut,
mildew, mold, yeast and bacteria, except those on or in living
animals including man and those on or in processed foods,
beverages or pharmaceuticals.
    16. "Household Substance" means any pesticide customarily
produced and distributed for use by individuals in or about
the household.
    17. "Imminent Hazard" means a situation which exists when
continued use of a pesticide would likely result in
unreasonable adverse effect on the environment or will involve
unreasonable hazard to the survival of a species declared
endangered by the U.S. Secretary of the Interior or to species
declared to be protected by the Illinois Department of Natural
Resources.
    18. "Inert Ingredient" means an ingredient which is not an
active ingredient.
    19. "Ingredient Statement" means a statement of the name
and percentage of each active ingredient together with the
total percentage of inert ingredients in a pesticide and for
pesticides containing arsenic in any form, the ingredient
statement shall include percentage of total and water soluble
arsenic, each calculated as elemental arsenic. In the case of
spray adjuvants the ingredient statement need contain only the
names of the functioning agents and the total percent of those
constituents ineffective as spray adjuvants.
    20. "Insect" means any of the numerous small invertebrate
animals generally having the body more or less obviously
segmented for the most part belonging to the class Insects,
comprised of six-legged, usually winged forms, as for example
beetles, caterpillars, and flies. This definition encompasses
other allied classes of arthropods whose members are wingless
and usually have more than 6 legs as for example spiders,
mites, ticks, centipedes, and millipedes.
    21. "Label" means the written, printed or graphic matter
on or attached to the pesticide or device or any of its
containers or wrappings.
    22. "Labeling" means the label and all other written,
printed or graphic matter: (a) on the pesticide or device or
any of its containers or wrappings, (b) accompanying the
pesticide or device or referring to it in any other media used
to disseminate information to the public, (c) to which
reference is made to the pesticide or device except when
references are made to current official publications of the U.
S. Environmental Protection Agency, Departments of
Agriculture, Health, Education and Welfare or other Federal
Government institutions, the state experiment station or
colleges of agriculture or other similar state institution
authorized to conduct research in the field of pesticides.
    23. "Land" means all land and water area including
airspace, and all plants, animals, structures, buildings,
contrivances, and machinery appurtenant thereto or situated
thereon, fixed or mobile, including any used for
transportation.
    24. "Licensed Operator" means a person employed to apply
pesticides to the lands of others under the direction of a
"licensed commercial applicator" or a "licensed commercial
not-for-hire applicator".
    25. "Nematode" means invertebrate animals of the phylum
nemathelminthes and class nematoda, also referred to as nemas
or eelworms, which are unsegmented roundworms with elongated
fusiform or sac-like bodies covered with cuticle and
inhabiting soil, water, plants or plant parts.
    26. "Permit" means a written statement issued by the
Director or his authorized agent, authorizing certain acts of
pesticide purchase or of pesticide use or application on an
interim basis prior to normal certification, registration, or
licensing.
    27. "Person" means any individual, partnership,
association, fiduciary, corporation, or any organized group of
persons whether incorporated or not.
    28. "Pest" means (a) any insect, rodent, nematode, fungus,
weed, or (b) any other form of terrestrial or aquatic plant or
animal life or virus, bacteria, or other microorganism,
excluding virus, bacteria, or other microorganism on or in
living animals including man, which the Director declares to
be a pest.
    29. "Pesticide" means any substance or mixture of
substances intended for preventing, destroying, repelling, or
mitigating any pest or any substance or mixture of substances
intended for use as a plant regulator, defoliant or desiccant.
    30. "Pesticide Dealer" means any person who distributes
registered pesticides to the user.
    31. "Plant Regulator" means any substance or mixture of
substances intended through physiological action to affect the
rate of growth or maturation or otherwise alter the behavior
of ornamental or crop plants or the produce thereof. This does
not include substances which are not intended as plant
nutrient trace elements, nutritional chemicals, plant or seed
inoculants or soil conditioners or amendments.
    32. "Protect Health and Environment" means to guard
against any unreasonable adverse effects on the environment.
    33. "Registrant" means person who has registered any
pesticide pursuant to the provision of FIFRA and this Act.
    34. "Restricted Use Pesticide" means any pesticide with
one or more of its uses classified as restricted by order of
the Administrator of USEPA.
    35. "SLN Registration" means registration of a pesticide
for use under conditions of special local need as defined by
FIFRA.
    36. "State Restricted Pesticide Use" means any pesticide
use which the Director determines, subsequent to public
hearing, that an additional restriction for that use is needed
to prevent unreasonable adverse effects.
    37. "Structural Pest" means any pests which attack and
destroy buildings and other structures or which attack
clothing, stored food, commodities stored at food
manufacturing and processing facilities or manufactured and
processed goods.
    38. "Unreasonable Adverse Effects on the Environment"
means the unreasonable risk to the environment, including man,
from the use of any pesticide, when taking into account
accrued benefits of as well as the economic, social, and
environmental costs of its use.
    39. "USEPA" means United States Environmental Protection
Agency.
    40. "Use inconsistent with the label" means to use a
pesticide in a manner not consistent with the label
instruction, the definition adopted in FIFRA as interpreted by
USEPA shall apply in Illinois.
    41. "Weed" means any plant growing in a place where it is
not wanted.
    42. "Wildlife" means all living things, not human,
domestic, or pests.
    43. "Bulk pesticide" means any registered pesticide which
is transported or held in an individual container in undivided
quantities of greater than 55 U.S. gallons liquid measure or
100 pounds net dry weight.
    44. "Bulk repackaging" means the transfer of a registered
pesticide from one bulk container (containing undivided
quantities of greater than 100 U.S. gallons liquid measure or
100 pounds net dry weight) to another bulk container
(containing undivided quantities of greater than 100 U.S.
gallons liquid measure or 100 pounds net dry weight) in an
unaltered state in preparation for sale or distribution to
another person.
    45. "Business" means any individual, partnership,
corporation or association engaged in a business operation for
the purpose of selling or distributing pesticides or providing
the service of application of pesticides in this State.
    46. "Facility" means any building or structure and all
real property contiguous thereto, including all equipment
fixed thereon used for the operation of the business.
    47. "Chemigation" means the application of a pesticide
through the systems or equipment employed for the primary
purpose of irrigation of land and crops.
    48. "Use" means any activity covered by the pesticide
label including but not limited to application of pesticide,
mixing and loading, storage of pesticides or pesticide
containers, disposal of pesticides and pesticide containers
and reentry into treated sites or areas.
(Source: P.A. 102-555, eff. 1-1-22.)
 
    (415 ILCS 60/13.4 new)
    Sec. 13.4. Barrier mosquitocides.
    (a) Except as provided under subsection (e) and rules
adopted by the Department of Agriculture under subsection (b),
no commercial applicator shall apply a barrier mosquitocide
between October 16 and April 14.
    (b) The Department of Agriculture may adopt rules allowing
for the application of barrier mosquitocides by commercial
applicators between October 16 and April 14, provided that the
Department of Agriculture determines, as a part of the
rulemaking proceeding, that there is evidence of a significant
unmet need for the commercial application of barrier
mosquitocides between October 16 and April 14 due to the
abundance of target mosquito populations in the State during
that period.
    (c) A commercial applicator of a barrier mosquitocide
must, at a minimum:
        (1) not apply a barrier mosquitocide when wind speeds
    are greater than or equal to 10 miles per hour;
        (2) be licensed under this Act and have completed the
    additional licensure and testing requirements established
    by the Department of Agriculture under subsection (d);
        (3) erect, immediately following application of the
    barrier mosquitocide, signage for residential properties
    treated with barrier mosquitocides that is comparable to
    the notification requirements under subsection (a) of
    Section 3 of the Lawn Care Products Application and Notice
    Act; and
        (4) provide, upon request and in a manner that is
    comparable to the notification requirements under
    subsection (d) of Section 3 of the Lawn Care Products
    Application and Notice Act, a copy of the product labels
    required for the barrier mosquitocide under the Federal
    Insecticide Fungicide, and Rodenticide Act (FIFRA).
    (d) The Department of Agriculture shall adopt rules to
expand its existing commercial applicator licensure and
testing program to include training in the residential
application of barrier mosquitocides. The training developed
by the Department of Agriculture shall include a course on
mosquito control and pollinator protection in the residential
environment and shall also include training in the following
topics:
        (1) requirements for domestic inspections by
    commercial applicators prior to application of barrier
    mosquitocides;
        (2) identification of mosquitoes in areas to be
    treated with the barrier mosquitocide;
        (3) distinguishing between species of mosquitoes;
        (4) mosquito behavior, biology, and life cycle;
        (5) pesticide-free source mosquito-reduction methods;
        (6) pesticide drift and the protection of bystanders
    during pesticide application;
        (7) pesticide label requirements;
        (8) proper technique for application of barrier
    mosquitocides;
        (9) protection of pollinators from barrier
    mosquitocides;
        (10) mosquito-borne diseases;
        (11) proper use of equipment for application of
    mosquitocides;
        (12) use of personal protective equipment during
    application of barrier mosquitocides;
        (13) areas where barrier mosquitocides cannot be
    applied; and
        (14) any other topic the Department of Agriculture
    determines to be relevant.
    (e) Any barrier mosquitocide treatment made for public
health purposes by or on behalf of a mosquito abatement
district, public health department, township, municipality, or
other unit of local government is exempt from this Section and
any rules adopted under this Section.
    (f) The Department of Agriculture may partner with the
University of Illinois to develop and administer a voluntary
continuing education curriculum that includes as a curricular
element a unit on pollinator protection and ecological
protection.
 
    (415 ILCS 60/13.5 new)
    Sec. 13.5. Mosquito misters prohibited. No person shall
install or use any residential automatic pesticide misting
system in this State. For purposes of this Section,
"residential automatic pesticide misting system" means any
device that is designed to be installed on, near, or around the
exterior of any residential dwelling or the grounds of a
residential dwelling and to automatically spray any pesticide
solution at timed intervals.
 
    Section 99. Effective date. This Act takes effect January
1, 2023.

Effective Date: 1/1/2023