Public Act 90-0205 of the 90th General Assembly
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.)