Public Act 90-0205 of the 90th General Assembly

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Public Act 90-0205

HB0602 Enrolled                                LRB9002699PTcw

    AN ACT concerning pesticides.

    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 Sections 6, 9, 10, 11, 11.1, 12, and 13 as follows:

    (415 ILCS 60/6) (from Ch. 5, par. 806)
    Sec. 6.  Registration.
    1.  Every pesticide which is distributed,  sold,  offered
for  sale  within this State, delivered for transportation or
transported in interstate commerce or between  points  within
the  State  through  any  point  outside  the State, shall be
registered with the Director or his designated agent, subject
to provisions  of  this  Act.   Such  registration  shall  be
renewed annually with registrations expiring December 31 each
year.  Registration is not required if a pesticide is shipped
from  one plant or warehouse to another plant or warehouse by
the same person and is used solely at such plant or warehouse
as a constituent part to make a pesticide which is registered
under provisions of this Act and FIFRA.
    2.  Registration applicant shall file  a  statement  with
the Director which shall include:
         A.  The  name  and  address of the applicant and the
    name and address of the person whose name will appear  on
    the label if different from the applicant's.
         B.  The name of the pesticide.
         C.  A   copy   of   the  labeling  accompanying  the
    pesticide under  customary  conditions  of  distribution,
    sale  and  use, including ingredient statement, direction
    for use, use classification, and precautionary or warning
    statements.
    3.  The Director may require the submission  of  complete
formula data.
    4.  The  Director may require a full description of tests
made and the results  thereof,  upon  which  the  claims  are
based, for any pesticide not registered pursuant to FIFRA, or
on  any  pesticide  under  consideration to be classified for
restricted use.
         A.  The Director will not consider data he  required
    of  the  initial  registrant of a pesticide in support of
    another applicants' registration  unless  the  subsequent
    applicant  has  obtained  written  permission to use such
    data.
         B.  In  the  case  of  renewal   registration,   the
    Director  may  accept  a  statement  only with respect to
    information  which  is  different  from  that   furnished
    previously.
    5.  The  Director  may  prescribe  other  requirements to
support a pesticide registration by regulation.
    6.  For the years preceding the year 2004, any registrant
desiring to register a pesticide product at any  time  during
one  year  shall  pay the annual registration fee of $100 $50
per product registered for that applicant. For the years 2004
and thereafter, the annual product registration fee is  $130.
For  the  years  1991,  1992,  and  1993  the  annual product
registration fee is $100.
    In addition, for the years preceding the  year  2004  any
business  registering  a pesticide product at any time during
one year shall pay the annual business  registration  fee  of
$250.  For the years 2004 and thereafter, the annual business
registration  fee  shall  be  $300.  Each legal entity of the
business shall pay the annual business registration fee.
    For the years preceding  the  year  2004,  any  applicant
requesting  an  experimental  use permit shall pay the annual
fee of $100 $50  per  permit  and.  all  special  local  need
pesticide  registration applicants shall pay an annual fee of
$100 $50 per product. For the years 2004 and thereafter,  the
annual  experimental  use  permit  fee and special local need
pesticide  registration  fee   is   $130.    Subsequent   SLN
registrations  for  a  pesticide  already registered shall be
exempted from the registration fee.
         A.  All registration accepted and  approved  by  the
    Director  shall expire on the 31st day of December in any
    one year unless cancelled.  Registration  for  a  special
    local  need  may be granted for a specific period of time
    with the approval date and expiration date specified.
         B.  If a registration for special local need granted
    by  the  Director  does  not  receive  approval  of   the
    Administrator  of USEPA, the registration shall expire on
    the date of the Administrator's disapproval.
    7.  Registrations approved and accepted by  the  Director
and  in effect on the 31st day of December, for which renewal
application is made, shall continue in full force and  effect
until  the  Director notifies the registrant that the renewal
has been approved and accepted or the registration is  denied
under  this Act.  Renewal registration forms will be provided
to applicants by the Director.
    8.  If the renewal of a  pesticide  registration  is  not
filed  within  30  days  of the date of expiration, a penalty
late registration assessment of $200 per product shall  apply
in  lieu  of  the normal annual product registration fee. The
late  registration  assessment  shall  not  apply    if   the
applicant   furnishes   an   affidavit   certifying  that  no
unregulated pesticide was  distributed  or  sold  during  the
period  of registration.  The late assessment is not a bar to
prosecution for doing business without proper registry.
    9.  The Director may prescribe  by  regulation  to  allow
pesticide use for a special local need, pursuant to FIFRA.
    10.  The   Director   may  prescribe  by  regulation  the
provisions for and requirements of  registering  a  pesticide
intended for experimental use.
    11.  The Director shall not make any lack of essentiality
a  criterion  for  denial  of  registration of any pesticide.
Where 2 pesticides meet the requirements, one should  not  be
registered in preference to the other.
    12.  It  shall be the duty of the pesticide registrant to
properly dispose of any pesticide the registration  of  which
has   been  suspended,  revoked  or  cancelled  or  which  is
otherwise not properly registered in the State.
(Source: P.A. 86-232; 86-1172; 87-128; 87-1108.)

    (415 ILCS 60/9) (from Ch. 5, par. 809)
    Sec.  9.  Licenses  and  Pesticide  Dealer  Registrations
Requirements; Certification. Licenses  and  pesticide  dealer
registrations  issued pursuant to this Act shall be valid for
one year, except that private applicator  licenses  shall  be
valid   for  3  years.  All  licenses  and  pesticide  dealer
registrations shall expire on December  31  of  the  year  in
which  it  is  to  expire.   A  license  or  pesticide dealer
registration in effect on the 31st  of  December,  for  which
renewal  has  been  made within 60 days following the date of
expiration, shall continue in full force and effect until the
Director  notifies  the  applicant  that  renewal  has   been
approved  and  accepted or is to be denied in accordance with
this  Act.   The  Director  shall  not  issue  a  license  or
pesticide dealer registration to a first time applicant or to
a person who has not  made  application  for  renewal  on  or
before  March  1 following the expiration date of the license
or pesticide dealer  registration  until  such  applicant  or
person   has   been  certified  by  the  Director  as  having
successfully demonstrated competence and knowledge  regarding
pesticide   use.  The  Director  shall  issue  a  license  or
pesticide  dealer  registration  to  a   person   that   made
application  after  March  1  and  before  April  15  if that
application is accompanied  by  a  late  application  fee.  A
licensee   or  pesticide  dealer  shall  be  required  to  be
recertified for competence and knowledge regarding  pesticide
use  at  least  once every 3 years and at such other times as
deemed necessary by the Director to assure a continued  level
of  competence and ability.  The Director shall by regulation
specify the standard of qualification for  certification  and
the  manner  of  establishing  an  applicant's competence and
knowledge.  An applicant who  has  been  certified  shall  be
required   to   apply  for  a  license  or  pesticide  dealer
registration  within  90  days  after  the   date   of   such
certification.   Failure  to apply for a license or pesticide
dealer registration within such 90 day period shall void  the
certification.
    The  Director  may refuse to issue a license or pesticide
dealer registration based upon the violation history  of  the
applicant.
(Source: P.A. 89-94, eff. 7-6-95.)

    (415 ILCS 60/10) (from Ch. 5, par. 810)
    Sec.  10.  Commercial  Applicator  License. No commercial
applicator shall use or supervise the use  of  any  pesticide
without a commercial license issued by the Director.  For the
years  preceding the year 2001, the Director shall require an
annual fee for commercial applicator license of $35 $30.  For
the  years 2001, 2002, 2003, 2004, 2005, and 2006, the annual
fee for a commercial applicator  license  is  $45.   For  the
years  2007  and  thereafter, the annual fee for a commercial
applicator license is $60.  The late application  fee  for  a
commercial applicator license shall be $20 in addition to the
normal license fee. A commercial applicator shall be assessed
a fee of $5 for a duplicate license.
    1.  Application  for  the  commercial  applicator license
shall be made in writing on designated forms  available  from
the  Director.   Each  application  shall contain information
regarding  the  applicants  qualifications,  nature  of   the
proposed  operation,  classification of license being sought,
and shall include the following:
         A.  The full name of the applicant.
         B.  The address of the applicant.
         C.  Any  necessary  information  prescribed  by  the
    Director on the designated application form.
    2.  An  applicant  for  a   license   shall   demonstrate
competence   and   knowledge   regarding   pesticide  use  in
accordance with Section 9 of this Act.
    3.  A licensed commercial applicator must provide to  the
Director  at  the  time  of  original  licensing  and license
renewal  evidence  of  financial  responsibility   protecting
persons  who may suffer personal injury or property damage or
both as a result of the pesticide operation of the  applicant
in either of the following manners:
         A.  Evidence  of  responsibility  may be provided in
    the form of a surety bond for  each  licensed  commercial
    applicator  naming  the licensed commercial applicator as
    principal of the bond.  The amount of the bond  shall  be
    not  less  than  $50,000  per year.  It is permissible to
    provide two bonds; one  for  $25,000  for  bodily  injury
    liability  and the second for $25,000 for property damage
    liability.  The bond or bonds shall be  made  payable  to
    the  Director  of Agriculture, State of Illinois, for the
    benefit of the injured party  and  shall  be  conditioned
    upon  compliance  with  the provisions of this Act by the
    principal,  his  or  her  officers,  representatives  and
    employees; or
         B.  Evidence of responsibility may  be  provided  in
    the   form   of  a  certificate  of  liability  insurance
    providing   coverage   for   each   licensed   commercial
    applicator or licensed entity in the amount of  not  less
    than  $50,000  per person, $100,000 per occurrence bodily
    injury liability coverage, with an  annual  aggregate  of
    not  less  than  $500,000,  and  $50,000  per  occurrence
    property  damage  liability,  with an annual aggregate of
    not less than $50,000; or, in lieu  thereof,  a  combined
    single  limit of not less than $100,000 bodily injury and
    property  damage  liability  combined,  with  an   annual
    aggregate of not less than $500,000.
    4.  Every  insurance  policy  or  bond  shall  contain  a
provision  that  it  will  not be cancelled or reduced by the
principal or insurance company, except  upon  30  days  prior
notice  in  writing  to the Director of the Department at the
Springfield, Illinois office and the  principal  insured.   A
reduction  or  cancellation  of  policy  shall not affect the
liability accrued or  which  may  accrue  under  such  policy
before  the  expiration  of  the  30  days.  The notice shall
contain  the  termination  date.   Upon  said  reduction   or
cancellation,  the  Director  shall  immediately  notify  the
licensee  that  his  or her license will be suspended and the
effective date until the minimum bond or liability  insurance
requirements  are met by the licensee for the current license
period.
    5.  Nothing in this Act shall be construed to relieve any
person from liability for any damage to persons  or  property
caused  by use of pesticides even though such use conforms to
label instructions and pertinent  rules  and  regulations  of
this State.
    6.  The Director may renew any applicant's license in the
classifications for which such applicant is licensed, subject
to  requalification  requirements  imposed  by  the Director.
Requalification standards shall be prescribed by  regulations
adopted  pursuant to this Act and are required to ensure that
the licensed commercial applicator meets the requirements  of
changing  technology  and  to  assure  a  continued  level of
competence and ability.
    7.  The Director may limit the license of an applicant to
allow only the use  of  certain  pesticides  in  a  delimited
geographic  area,  or  to  the  use  of  certain  application
techniques  or  equipment.   If  a  license  is not issued as
applied for, the  Director  shall  inform  the  applicant  in
writing  of  the  reasons  and  extend an opportunity for the
applicant  to  complete  the  requirements  for  the  license
desired.
    8.  For the purpose of uniformity, the Director may enter
into agreements for accepting standards of  qualification  of
other states as a basis for licensing commercial applicators.
(Source: P.A. 89-94, eff. 7-6-95.)

    (415 ILCS 60/11) (from Ch. 5, par. 811)
    Sec.  11.   Certified  Pesticide  Applicators.  No person
shall use or supervise the use of pesticides  classified  for
restricted  use  without  a  license  issued by the Director.
Persons licensed or desiring  to  be  licensed  as  certified
pesticide  applicators  shall  comply  with the certification
requirements as set forth in Section 9 of this Act  in  order
to  protect  public  health  and  the  environment, including
injury  to  the  applicator  or  other  persons  using  these
pesticides.
    An applicant for certification  as  a  private  pesticide
applicator  shall  meet qualification requirements prescribed
by regulation.  The application for  certification  shall  be
made  in writing to the Director, on forms available from the
Director or the local county agricultural extension adviser's
office and be accompanied by payment of a $10 license fee  in
the  years  preceding  the year 2001.  During the years 2001,
2002, 2003, 2004,  2005,  and  2006,  the  private  pesticide
applicator  license  fee shall be $15.  During the years 2007
and thereafter, the private pesticide applicator license  fee
shall  be  $20.   A  private  pesticide  applicator  shall be
assessed  a  fee  of  $5  for  a  duplicate  license.    Such
application shall include:
    A.  The full name of the applicant.
    B.  The mailing address of the applicant.
    C.  The documents required as evidence of competence  and
knowledge regarding the use of pesticides.
    Certification,  as a private pesticide applicator, issued
by the Director shall be valid for  a  period  prescribed  by
regulation.   The Director shall develop regulatory standards
to  ensure  that  certified  private  pesticide   applicators
continue  to  meet  the requirements of a changing technology
and assure a continued level of competence and ability.
(Source: P.A. 85-177.)

    (415 ILCS 60/11.1) (from Ch. 5, par. 811.1)
    Sec. 11.1.  Public and Commercial  Not-for-Hire  License.
No  public or commercial not-for-hire applicator shall use or
supervise the use of any pesticide without a  license  issued
by  the  Director.  The  late application fee for a public or
commercial not-for-hire applicator shall be $20.  A public or
commercial not-for-hire applicator shall be assessed a fee of
$5 for a duplicate license.
    1.   Application  for  certification  as   a   commercial
not-for-hire pesticide applicator shall be made in writing on
designated   forms   available   from   the  Director.   Each
application   shall   contain   information   regarding   the
qualifications   of   the   applicant,   classification    of
certification being sought, and shall include the following:
    A.  The full name of the applicant.
    B.  The name of the applicant's employer.
    C.  The address at the applicant's place of employment.
    D.  Any  other  information prescribed by the Director on
the designated form.
    2.  The Director shall not issue  a  certification  to  a
commercial   not-for-hire   pesticide  applicator  until  the
individual identified has  demonstrated  his  competence  and
knowledge  regarding pesticide use in accordance with Section
9 of this Act.
    3.  The Director shall not renew  a  certification  as  a
commercial   not-for-hire   pesticide  applicator  until  the
applicant reestablishes his qualifications in accordance with
Section 9 of this Act or has met other  requirements  imposed
by regulation in order to ensure that the applicant meets the
requirements of changing technology and to assure a continued
level of competence and ability.
    4.  Application  for  certification as a public pesticide
applicator shall be  made  in  writing  on  designated  forms
available  from the Director.  Each application shall contain
information   regarding    qualifications    of    applicant,
classification  of  certification  being  sought,  and  shall
include the following:
    A.  The full name of the applicant.
    B.  The name of the applicant's employer.
    C.  Any  other  information prescribed by the Director on
the designated form.
    5.  The Director shall  not  issue  a  certificate  to  a
public  pesticide  applicator until the individual identified
has  demonstrated  his  competence  and  knowledge  regarding
pesticide use in accordance with Section 9 of this Act.
    6.  The Director shall not renew  a  certification  as  a
public pesticide applicator until the applicant reestablishes
his  qualifications  in accordance with Section 9 of this Act
or has met other requirements imposed by regulation in  order
to  ensure  that  the  applicant  meets  the  requirements of
changing technology  and  to  assure  a  continued  level  of
competence and ability.
    7.  Persons  applying general use pesticides, approved by
the Inter-Agency Committee on the Use of Pesticides, to scrap
tires for the control of mosquitoes shall be exempt from  the
license requirements of this Section.
(Source: P.A. 85-1327.)

    (415 ILCS 60/12) (from Ch. 5, par. 812)
    Sec. 12.  Licensed Operator.  No pesticide operator shall
use  any  pesticides  without  a  pesticide  operator license
issued by the Director.
    1.  Application for an operator license shall be made  in
writing  on  designated  forms  available  from the Director.
Each application  shall  contain  information  regarding  the
nature  of  applicants pesticide use, his qualifications, and
such other facts as prescribed on the form.  The  application
shall also include the following:
         A.  The full name of applicant.
         B.  The address of the applicant.
         C.  The  name of and license/certification number of
    the pesticide applicator under whom  the  applicant  will
    work.
    2.  The  Director  shall  not  issue a pesticide operator
license until the individual identified has demonstrated  his
competence   and   knowledge   regarding   pesticide  use  in
accordance with Section 9 of this Act.
    3.  The Director shall not issue an operator  license  to
any   person   who   is   unable  to  provide  the  name  and
license/certification number of an applicator under whom  the
operator will work.
    4.  For  the  years  preceding  the year 2001, a licensed
operator working for or under the supervision of a  certified
licensed  commercial pesticide applicator shall pay an annual
fee of $25 $20. For the  years  2001,  2002,  and  2003,  the
annual fee for a commercial operator license is $30.  For the
years  2004,  2005, and 2006, the annual fee for a commercial
operator license is $35. For the years 2007  and  thereafter,
the  annual fee for a commercial operator license is $40. The
late application fee for an operator license shall be $20  in
addition to the normal license fee. A licensed operator shall
be assessed a fee of $5 for a duplicate license.
(Source: P.A. 89-94, eff. 7-6-95.)

    (415 ILCS 60/13) (from Ch. 5, par. 813)
    Sec.  13.  Pesticide  dealers.   Any pesticide dealer who
sells Restricted Use pesticides shall be registered with  the
Department  on  forms provided by the Director.  Registration
shall consist of passing a required examination  and  payment
of  a  $100  registration fee. The late application fee for a
pesticide dealer registration shall be $20 in addition to the
normal pesticide dealer registration fee.  A pesticide dealer
shall be assessed a fee of $5 for a duplicate registration.
    Dealers who hold a Structural Pest Control  license  with
the  Illinois  Department  of  Public  Health or a Commercial
Applicator's  license  with  the   Illinois   Department   of
Agriculture  are  exempt  from  the registration fee but must
register with the Department.
    Each  place  of  business  which  sells  restricted   use
pesticides  shall  be  considered  a  separate entity for the
purpose of registration.
    Registration  as  a  pesticide  dealer  shall  expire  on
December  31  of  each  year.   Pesticide  dealers  shall  be
certified in accordance with Section 9 of this Act.
    The Director may prescribe, by rule, requirements for the
registration and testing  of  any  pesticide  dealer  selling
other  than  restricted  use  pesticides and such rules shall
include the establishment of a registration fee in an  amount
not to exceed the pesticide dealer registration fee.
    The  Department  may  refuse  to issue or may suspend the
registration of any person who fails to file a return, or  to
pay the tax, penalty, or interest shown in a filed return, or
to  pay any final assessment of tax, penalty, or interest, as
required  by  any  tax  Act  administered  by  the   Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
(Source: P.A. 85-177; 86-1172; 87-1108; 89-657, eff. 8-14-96;
revised 10-24-96.)

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