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Rep. Robyn Gabel
Filed: 4/20/2021
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| 1 | | AMENDMENT TO HOUSE BILL 3118
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| 2 | | AMENDMENT NO. ______. Amend House Bill 3118 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Illinois Pesticide Act is amended by |
| 5 | | changing Section 4 and by adding Sections 13.4 and 13.5 as |
| 6 | | follows:
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| 7 | | (415 ILCS 60/4) (from Ch. 5, par. 804)
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| 8 | | Sec. 4. Definitions. As used in this Act:
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| 9 | | 1. "Director" means Director of the Illinois Department of
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| 10 | | Agriculture or his authorized representative.
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| 11 | | 2. "Active Ingredient" means any ingredient which will |
| 12 | | prevent,
destroy, repel, control or mitigate a pest or which |
| 13 | | will act as a plant
regulator, defoliant or desiccant.
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| 14 | | 3. "Adulterated" shall apply to any pesticide if the |
| 15 | | strength or
purity is not within the standard of quality |
| 16 | | expressed on the labeling
under which it is sold, distributed |
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| 1 | | or used, including any substance
which has been substituted |
| 2 | | wholly or in part for the pesticide as
specified on the |
| 3 | | labeling under which it is sold, distributed or used,
or if any |
| 4 | | valuable constituent of the pesticide has been wholly or in
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| 5 | | part abstracted.
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| 6 | | 4. "Agricultural Commodity" means produce of the land |
| 7 | | including but
not limited to plants and plant parts, livestock |
| 8 | | and poultry and
livestock or poultry products, seeds, sod, |
| 9 | | shrubs and other products of
agricultural origin including the |
| 10 | | premises necessary to and used
directly in agricultural |
| 11 | | production.
Agricultural commodity also includes aquatic |
| 12 | | products as defined in the
Aquaculture Development Act.
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| 13 | | 5. "Animal" means all vertebrate and invertebrate species |
| 14 | | including,
but not limited to, man and other mammals, bird, |
| 15 | | fish, and shellfish.
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| 16 | | 6. "Beneficial Insects" means those insects which during |
| 17 | | their life
cycle are effective pollinators of plants, |
| 18 | | predators of pests or are
otherwise beneficial.
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| 19 | | 7. "Certified applicator".
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| 20 | | A. "Certified applicator" means any individual who is |
| 21 | | certified
under this Act to purchase, use, or supervise |
| 22 | | the use of pesticides
which are classified for restricted |
| 23 | | use.
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| 24 | | B. "Private applicator" means a certified applicator |
| 25 | | who purchases,
uses, or supervises the use of any |
| 26 | | pesticide classified for restricted
use, for the purpose |
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| 1 | | of producing any agricultural commodity on property
owned, |
| 2 | | rented, or otherwise controlled by him or his employer, or
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| 3 | | applied to other property if done without compensation |
| 4 | | other than
trading of personal services between no more |
| 5 | | than 2 producers of
agricultural commodities.
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| 6 | | C. "Licensed Commercial Applicator" means a certified |
| 7 | | applicator,
whether or not he is a private applicator with |
| 8 | | respect to some uses, who
owns or manages a business that |
| 9 | | is engaged in applying pesticides,
whether classified for |
| 10 | | general or restricted use, for hire. The term
also applies |
| 11 | | to a certified applicator who uses or supervises the use |
| 12 | | of
pesticides, whether classified for general or |
| 13 | | restricted use, for any
purpose or on property of others |
| 14 | | excluding those specified by
subparagraphs 7 (B), (D), (E) |
| 15 | | of Section 4 of this Act.
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| 16 | | D. "Commercial Not For Hire Applicator" means a |
| 17 | | certified applicator
who uses or supervises the use of |
| 18 | | pesticides classified for general or
restricted use for |
| 19 | | any purpose on property of an employer when such
activity |
| 20 | | is a requirement of the terms of employment and such
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| 21 | | application of pesticides under this certification is |
| 22 | | limited to
property under the control of the employer only |
| 23 | | and includes, but is not
limited to, the use or |
| 24 | | supervision of
the use of pesticides in a greenhouse |
| 25 | | setting. "Commercial Not For Hire Applicator" also |
| 26 | | includes a certified applicator who uses or supervises the |
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| 1 | | use of pesticides classified for general or restricted use |
| 2 | | as an employee of a state agency, municipality, or other |
| 3 | | duly constituted governmental agency or unit.
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| 4 | | 8. "Defoliant" means any substance or combination of |
| 5 | | substances
which cause leaves or foliage to drop from a plant |
| 6 | | with or without
causing abscission.
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| 7 | | 9. "Desiccant" means any substance or combination of |
| 8 | | substances
intended for artificially accelerating the drying |
| 9 | | of plant tissue.
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| 10 | | 10. "Device" means any instrument or contrivance, other |
| 11 | | than a
firearm or equipment for application of pesticides when |
| 12 | | sold separately
from pesticides, which is intended for |
| 13 | | trapping, repelling, destroying,
or mitigating any pest, other |
| 14 | | than bacteria, virus, or other
microorganisms on or living in |
| 15 | | man or other living animals.
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| 16 | | 11. "Distribute" means offer or hold for sale, sell, |
| 17 | | barter, ship,
deliver for shipment, receive and then deliver, |
| 18 | | or offer to deliver
pesticides, within the State.
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| 19 | | 12. "Environment" includes water, air, land, and all |
| 20 | | plants and
animals including man, living therein and the |
| 21 | | interrelationships which
exist among these.
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| 22 | | 13. "Equipment" means any type of instruments and |
| 23 | | contrivances using
motorized, mechanical or pressure power |
| 24 | | which is used to apply any
pesticide, excluding pressurized |
| 25 | | hand-size household apparatus
containing dilute ready to apply |
| 26 | | pesticide or used to apply household
pesticides.
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| 1 | | 14. "FIFRA" means the Federal Insecticide, Fungicide, and |
| 2 | | Rodenticide
Act, as amended.
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| 3 | | 15. "Fungi" means any non-chlorophyll bearing |
| 4 | | thallophytes, any
non-chlorophyll bearing plant of a lower |
| 5 | | order than mosses or
liverworts, as for example rust, smut, |
| 6 | | mildew, mold, yeast and bacteria,
except those on or in living |
| 7 | | animals including man and those on or in
processed foods, |
| 8 | | beverages or pharmaceuticals.
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| 9 | | 16. "Household Substance" means any pesticide customarily |
| 10 | | produced
and distributed for use by individuals in or about |
| 11 | | the household.
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| 12 | | 17. "Imminent Hazard" means a situation which exists when |
| 13 | | continued
use of a pesticide would likely result in |
| 14 | | unreasonable adverse effect on
the environment or will involve |
| 15 | | unreasonable hazard to the survival of a
species declared |
| 16 | | endangered by the U.S. Secretary of the Interior or to
species |
| 17 | | declared to be protected by the Illinois Department of Natural
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| 18 | | Resources.
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| 19 | | 18. "Inert Ingredient" means an ingredient which is not an |
| 20 | | active
ingredient.
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| 21 | | 19. "Ingredient Statement" means a statement of the name |
| 22 | | and
percentage of each active ingredient together with the |
| 23 | | total percentage
of inert ingredients in a pesticide and for |
| 24 | | pesticides containing
arsenic in any form, the ingredient |
| 25 | | statement shall include percentage
of total and water soluble |
| 26 | | arsenic, each calculated as elemental
arsenic. In the case of |
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| 1 | | spray adjuvants the ingredient statement need
contain only the |
| 2 | | names of the functioning agents and the total percent
of those |
| 3 | | constituents ineffective as spray adjuvants.
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| 4 | | 20. "Insect" means any of the numerous small invertebrate |
| 5 | | animals
generally having the body more or less obviously |
| 6 | | segmented for the most
part belonging to the class Insects, |
| 7 | | comprised of six-legged, usually
winged forms, as for example |
| 8 | | beetles, caterpillars, and flies. This
definition encompasses |
| 9 | | other allied classes of arthropods whose members
are wingless |
| 10 | | and usually have more than 6 legs as for example spiders,
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| 11 | | mites, ticks, centipedes, and millipedes.
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| 12 | | 21. "Label" means the written, printed or graphic matter |
| 13 | | on or
attached to the pesticide or device or any of its |
| 14 | | containers or
wrappings.
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| 15 | | 22. "Labeling" means the label and all other written, |
| 16 | | printed or
graphic matter: (a) on the pesticide or device or |
| 17 | | any of its containers
or wrappings, (b) accompanying the |
| 18 | | pesticide or device or referring to
it in any other media used |
| 19 | | to disseminate information to the public,
(c) to which |
| 20 | | reference is made to the pesticide or device except when
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| 21 | | references are made to current official publications of the U. |
| 22 | | S.
Environmental Protection Agency, Departments of |
| 23 | | Agriculture, Health,
Education and Welfare or other Federal |
| 24 | | Government institutions, the
state experiment station or |
| 25 | | colleges of agriculture or other similar
state institution |
| 26 | | authorized to conduct research in the field of
pesticides.
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| 1 | | 23. "Land" means all land and water area including |
| 2 | | airspace, and all
plants, animals, structures, buildings, |
| 3 | | contrivances, and machinery
appurtenant thereto or situated |
| 4 | | thereon, fixed or mobile, including any
used for |
| 5 | | transportation.
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| 6 | | 24. "Licensed Operator" means a person employed to apply |
| 7 | | pesticides
to the lands of others under the direction of a |
| 8 | | "licensed commercial
applicator" or a "licensed commercial
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| 9 | | not-for-hire applicator".
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| 10 | | 25. "Nematode" means invertebrate animals of the phylum
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| 11 | | nemathelminthes and class nematoda, also referred to as nemas |
| 12 | | or
eelworms, which are unsegmented roundworms with elongated |
| 13 | | fusiform or
sac-like bodies covered with cuticle and |
| 14 | | inhabiting soil, water, plants
or plant parts.
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| 15 | | 26. "Permit" means a written statement issued by the |
| 16 | | Director or his
authorized agent, authorizing certain acts of |
| 17 | | pesticide purchase or of
pesticide use or application on an |
| 18 | | interim basis prior to normal
certification, registration, or |
| 19 | | licensing.
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| 20 | | 27. "Person" means any individual, partnership, |
| 21 | | association,
fiduciary, corporation, or any organized group of |
| 22 | | persons whether
incorporated or not.
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| 23 | | 28. "Pest" means (a) any insect, rodent, nematode, fungus, |
| 24 | | weed, or
(b) any other form of terrestrial or aquatic plant or |
| 25 | | animal life or
virus, bacteria, or other microorganism, |
| 26 | | excluding virus, bacteria, or
other microorganism on or in |
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| 1 | | living animals including man, which the
Director declares to |
| 2 | | be a pest.
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| 3 | | 29. "Pesticide" means any substance or mixture of |
| 4 | | substances
intended for preventing, destroying, repelling, or |
| 5 | | mitigating any pest
or any substance or mixture of substances |
| 6 | | intended for use as a plant
regulator, defoliant or desiccant.
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| 7 | | 30. "Pesticide Dealer" means any person who distributes |
| 8 | | registered
pesticides to the user.
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| 9 | | 31. "Plant Regulator" means any substance or mixture of |
| 10 | | substances
intended through physiological action to affect the |
| 11 | | rate of growth or
maturation or otherwise alter the behavior |
| 12 | | of ornamental or crop plants
or the produce thereof. This does |
| 13 | | not include substances which are not
intended as plant |
| 14 | | nutrient trace elements, nutritional chemicals, plant
or seed |
| 15 | | inoculants or soil conditioners or amendments.
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| 16 | | 32. "Protect Health and Environment" means to guard |
| 17 | | against any
unreasonable adverse effects on the environment.
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| 18 | | 33. "Registrant" means person who has registered any |
| 19 | | pesticide
pursuant to the provision of FIFRA and this Act.
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| 20 | | 34. "Restricted Use Pesticide" means any pesticide with |
| 21 | | one or more
of its uses classified as restricted by order of |
| 22 | | the Administrator of
USEPA.
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| 23 | | 35. "SLN Registration" means registration of a pesticide |
| 24 | | for use
under conditions of special local need as defined by
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| 25 | | FIFRA.
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| 26 | | 36. "State Restricted Pesticide Use" means any pesticide |
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| 1 | | use which
the Director determines, subsequent to public |
| 2 | | hearing, that an
additional restriction for that use is needed |
| 3 | | to prevent unreasonable
adverse effects.
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| 4 | | 37. "Structural Pest" means any pests which attack and |
| 5 | | destroy
buildings and other structures or which attack |
| 6 | | clothing, stored food,
commodities stored at food |
| 7 | | manufacturing and processing facilities or
manufactured and |
| 8 | | processed goods.
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| 9 | | 38. "Unreasonable Adverse Effects on the Environment" |
| 10 | | means the
unreasonable risk to the environment, including man, |
| 11 | | from the use of any
pesticide, when taking into account |
| 12 | | accrued benefits of as well as the
economic, social, and |
| 13 | | environmental costs of its use.
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| 14 | | 39. "USEPA" means United States Environmental Protection |
| 15 | | Agency.
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| 16 | | 40. "Use inconsistent with the label" means to use a |
| 17 | | pesticide in
a manner not consistent with the label |
| 18 | | instruction, the definition
adopted in FIFRA as interpreted by |
| 19 | | USEPA shall apply in Illinois.
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| 20 | | 41. "Weed" means any plant growing in a place where it is |
| 21 | | not
wanted.
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| 22 | | 42. "Wildlife" means all living things, not human, |
| 23 | | domestic, or
pests.
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| 24 | | 43. "Bulk pesticide" means any registered pesticide which |
| 25 | | is
transported or held in an individual container in undivided |
| 26 | | quantities of
greater than 55 U.S. gallons liquid measure or |
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| 1 | | 100 pounds net dry weight.
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| 2 | | 44. "Bulk repackaging" means the transfer of a registered |
| 3 | | pesticide from
one bulk container (containing undivided |
| 4 | | quantities of greater than 100
U.S. gallons liquid measure or |
| 5 | | 100 pounds net dry weight) to another bulk
container |
| 6 | | (containing undivided quantities of greater than 100 U.S. |
| 7 | | gallons
liquid measure or 100 pounds net dry weight) in an |
| 8 | | unaltered state in
preparation for sale or distribution to |
| 9 | | another person.
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| 10 | | 45. "Business" means any individual, partnership, |
| 11 | | corporation or
association engaged in a business operation for |
| 12 | | the purpose of
selling or distributing pesticides or providing |
| 13 | | the service of application
of pesticides in this State.
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| 14 | | 46. "Facility" means any building or structure and all |
| 15 | | real property
contiguous thereto, including all equipment |
| 16 | | fixed thereon used for the
operation of the business.
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| 17 | | 47. "Chemigation" means the application of a pesticide |
| 18 | | through the
systems or equipment employed for the primary |
| 19 | | purpose of irrigation of land and
crops.
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| 20 | | 48. "Use" means any activity covered by the pesticide |
| 21 | | label including
but not limited to application of pesticide, |
| 22 | | mixing and loading, storage of
pesticides or pesticide |
| 23 | | containers, disposal of pesticides and pesticide
containers |
| 24 | | and reentry into treated sites or areas.
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| 25 | | 49. "Barrier treatment" means the application of an |
| 26 | | insecticide by spray, aerosol, mist, liquid, dust, or powder |
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| 1 | | that is intended to leave a residual coating on plant foliage, |
| 2 | | vegetation, or other natural or manmade surfaces for the |
| 3 | | purposes of killing adult mosquitoes and for the control of |
| 4 | | any life stage of tick. |
| 5 | | (Source: P.A. 99-540, eff. 1-1-17; 100-201, eff. 8-18-17.)
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| 6 | | (415 ILCS 60/13.4 new) |
| 7 | | Sec. 13.4. Barrier pesticide; mosquito control; pollinator |
| 8 | | protection. |
| 9 | | (a) Notwithstanding any other provision of law, a barrier |
| 10 | | pesticide may be applied only using the evidence-based model |
| 11 | | under subsection (b) and may not be applied using a |
| 12 | | subscription-based model of treatment. |
| 13 | | (b) A barrier pesticide may be applied only by a |
| 14 | | commercial applicator for commercial or residential purposes |
| 15 | | if the following evidence-based model of application is used: |
| 16 | | (1) Documentation of species and species abundance the |
| 17 | | barrier pesticide is targeted toward as part of record |
| 18 | | requirements in this Section. |
| 19 | | (2) A domestic inspection of the property for mosquito |
| 20 | | sources is conducted before application of the barrier |
| 21 | | pesticide. |
| 22 | | (3) The commercial applicator of the barrier pesticide |
| 23 | | has undergone the course and licensure requirements under |
| 24 | | subsection (c). |
| 25 | | (4) Chemical spraying of a barrier pesticide may not |
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| 1 | | be applied outdoors where wind speed is 10 miles per hour |
| 2 | | or greater. |
| 3 | | (5) At least 24 hours before the treatment is |
| 4 | | scheduled to occur, the commercial applicator must notify |
| 5 | | neighbors of the property to which the impending barrier |
| 6 | | pesticide treatment is to be applied. |
| 7 | | (6) For at least 24 hours after the treatment has been |
| 8 | | applied, the property to which the barrier pesticide is |
| 9 | | applied must display yard signage indicating that the yard |
| 10 | | has been treated with barrier pesticides. |
| 11 | | (7) A commercial applicator must have available, at |
| 12 | | all times while a treatment is being conducted, copies of |
| 13 | | the Federal Insecticide, Fungicide, and Rodenticide Act |
| 14 | | (FIFRA) product label describing the specific health and |
| 15 | | environmental risks from pesticides for distribution if |
| 16 | | requested. |
| 17 | | (8) The owner of the property to which the barrier |
| 18 | | pesticide is applied must be given a copy of the FIFRA |
| 19 | | product label describing the specific health and |
| 20 | | environmental risks from pesticides by the applicator. |
| 21 | | (c) The Department of Agriculture shall adopt rules |
| 22 | | creating a process for the licensure of commercial applicators |
| 23 | | for residential treatment using barrier pesticides. The |
| 24 | | licensure process shall include: |
| 25 | | (1) a course and material specific to mosquito control |
| 26 | | and pollinator protection in a residential environment; |
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| 1 | | (2) requirements for domestic inspections; |
| 2 | | (3) the collection of surveillance evidence of |
| 3 | | mosquitoes; |
| 4 | | (4) identification of mosquitoes; |
| 5 | | (5) mosquito life stages; |
| 6 | | (6) pesticide-free source reduction methods; |
| 7 | | (7) bystander protection; |
| 8 | | (8) product label requirements; and |
| 9 | | (9) any other topics the Department of Agriculture |
| 10 | | determines relevant. |
| 11 | | (d) The Department of Agriculture shall establish |
| 12 | | evidentiary thresholds for commercial barrier treatment in |
| 13 | | partnership with the Department of Public Health and the |
| 14 | | University of Illinois. The evidentiary threshold shall |
| 15 | | include: |
| 16 | | (1) Documentation of species abundance the barrier |
| 17 | | pesticide is targeted toward. |
| 18 | | (2) A domestic inspection of the property for mosquito |
| 19 | | presence at established threshold is conducted before |
| 20 | | application of the barrier pesticide. |
| 21 | | (3) A requirement that the commercial applicator of |
| 22 | | the barrier pesticide has undergone the course and |
| 23 | | licensure requirements under subsection (c). |
| 24 | | (4) Further requirements for domestic inspections to |
| 25 | | provide evidence of mosquitoes and reduce unnecessary |
| 26 | | spraying as determined by the Department of Agriculture. |
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| 1 | | (e) All public health mosquito control treatments |
| 2 | | conducted by mosquito abatement districts, public health |
| 3 | | departments, townships, municipalities, or other units of |
| 4 | | government or by contract or agreement by commercial entities |
| 5 | | on behalf of mosquito abatement districts, public health |
| 6 | | departments, townships, municipalities, or other units of |
| 7 | | government are exempt from this requirement. |
| 8 | | (f) The Department of Agriculture shall provide additional |
| 9 | | training for licensed commercial applicators, including |
| 10 | | pollinator education. The Department of Agriculture shall |
| 11 | | review and update their testing and training procedures |
| 12 | | periodically. |
| 13 | | (g) The Department of Agriculture may partner with the |
| 14 | | University of Illinois to develop and administer a voluntary |
| 15 | | continuing education curriculum to include in-depth pollinator |
| 16 | | and ecological protection.
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| 17 | | (415 ILCS 60/13.5 new) |
| 18 | | Sec. 13.5. Mosquito misters prohibited. No person shall |
| 19 | | install or use any residential automatic pesticide misting |
| 20 | | system in this State. For purposes of this Section, |
| 21 | | "residential automatic pesticide misting system" means any |
| 22 | | device that is designed to be installed on, near, or around the |
| 23 | | exterior of any residential dwelling or the grounds of such a |
| 24 | | residential dwelling and to automatically spray any pesticide |
| 25 | | solution at timed intervals.
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| 1 | | Section 10. The Lawn Care Products Application and Notice |
| 2 | | Act is amended by changing Sections 2 and 3 as follows:
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| 3 | | (415 ILCS 65/2) (from Ch. 5, par. 852)
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| 4 | | Sec. 2. Definitions.
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| 5 | | For purposes of this Act:
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| 6 | | "Application" means the spreading of lawn care products
on |
| 7 | | a lawn.
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| 8 | | "Applicator for hire" means any person who makes an |
| 9 | | application of lawn
care products to a lawn or lawns for |
| 10 | | compensation, including applications made
by an employee to |
| 11 | | lawns owned, occupied or managed by his employer and
includes |
| 12 | | those licensed by the Department as licensed commercial
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| 13 | | applicators, commercial not-for-hire applicators, licensed |
| 14 | | public
applicators, certified applicators and licensed |
| 15 | | operators and those
otherwise subject to the licensure |
| 16 | | provisions of the Illinois Pesticide
Act, as now or hereafter |
| 17 | | amended.
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| 18 | | "Barrier treatment" has the meaning given to that term in |
| 19 | | Section 4 of the Illinois Pesticide Act. |
| 20 | | "Buffer" means an area adjacent to a body of water that is |
| 21 | | left untreated with any fertilizer. |
| 22 | | "Day care center" means any facility that qualifies as a |
| 23 | | "day care center" under the Child Care Act of 1969. |
| 24 | | "Department" means the Illinois Department of Agriculture.
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| 1 | | "Department of Public Health" means the Illinois |
| 2 | | Department of Public Health. |
| 3 | | "Facility" means a building or structure and appurtenances |
| 4 | | thereto used
by an applicator for hire for storage and |
| 5 | | handling of pesticides or the
storage or maintenance of |
| 6 | | pesticide application equipment or vehicles.
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| 7 | | "Fertilizer" means any substance containing nitrogen, |
| 8 | | phosphorus or
potassium or other recognized plant nutrient or |
| 9 | | compound, which is used for
its plant nutrient content.
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| 10 | | "Golf course" means an area designated for the play or |
| 11 | | practice of the
game of golf, including surrounding grounds, |
| 12 | | trees, ornamental beds and the like.
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| 13 | | "Golf course superintendent" means any person entrusted |
| 14 | | with and employed
for the care and maintenance of a golf |
| 15 | | course.
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| 16 | | "Impervious surface" means any structure, surface, or |
| 17 | | improvement that reduces or prevents absorption of stormwater |
| 18 | | into land, and includes pavement, porous paving, paver blocks, |
| 19 | | gravel, crushed stone, decks, patios, elevated structures, and |
| 20 | | other similar structures, surfaces, or improvements. |
| 21 | | "Lawn" means land area covered with turf kept closely mown |
| 22 | | or land area
covered with turf and trees or shrubs. The term |
| 23 | | does not include (1) land
area used for research for |
| 24 | | agricultural production or for the commercial
production of |
| 25 | | turf, (2) land area situated within a public or private
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| 26 | | right-of-way, or (3) land area which is devoted to the |
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| 1 | | production of any
agricultural commodity, including, but not |
| 2 | | limited to plants and plant
parts, livestock and poultry and |
| 3 | | livestock or poultry products,
seeds, sod, shrubs and other |
| 4 | | products of agricultural origin raised for
sale or for human |
| 5 | | or livestock consumption.
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| 6 | | "Lawn care products" means fertilizers or pesticides |
| 7 | | applied or
intended for application to lawns.
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| 8 | | "Lawn repair products" means seeds, including seeding |
| 9 | | soils, that contain or are coated with or encased in |
| 10 | | fertilizer material. |
| 11 | | "Person" means any individual, partnership, association, |
| 12 | | corporation or
State governmental agency, school district, |
| 13 | | unit of local government and
any agency thereof.
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| 14 | | "Pesticide" means any substance or mixture of substances |
| 15 | | defined as a
pesticide under the Illinois Pesticide Act, as |
| 16 | | now or hereafter amended.
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| 17 | | "Plant protectants" means any substance or material used |
| 18 | | to protect
plants from infestation of insects, fungi, weeds |
| 19 | | and rodents, or any other
substance that would benefit the |
| 20 | | overall health of plants.
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| 21 | | "Soil test" means a chemical and mechanical analysis of |
| 22 | | soil nutrient values and pH level as it relates to the soil and |
| 23 | | development of a lawn. |
| 24 | | "Spreader" means any commercially available fertilizing |
| 25 | | device used to evenly distribute fertilizer material. |
| 26 | | "Turf" means the upper stratum of soils bound by grass and |
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| 1 | | plant roots into a thick mat.
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| 2 | | "0% phosphate fertilizer" means a fertilizer that contains |
| 3 | | no more than 0.67% available phosphoric acid (P2O5). |
| 4 | | (Source: P.A. 96-424, eff. 8-13-09; 96-1005, eff. 7-6-10.)
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| 5 | | (415 ILCS 65/3) (from Ch. 5, par. 853)
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| 6 | | Sec. 3. Notification requirements for application of lawn |
| 7 | | care products.
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| 8 | | (a) Lawn Markers.
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| 9 | | (1) Immediately following application of lawn care |
| 10 | | products or barrier treatment to a lawn,
other than a golf |
| 11 | | course, an applicator for hire shall place a lawn marker
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| 12 | | at the usual point or points of entry.
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| 13 | | (2) The lawn marker shall consist of a 4 inch by 5 inch |
| 14 | | sign,
vertical or horizontal, attached to the upper |
| 15 | | portion of a dowel or other
supporting device with the |
| 16 | | bottom of the marker extending no less than 12
inches |
| 17 | | above the turf.
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| 18 | | (3) The lawn marker shall be white and lettering on |
| 19 | | the lawn marker
shall be in a contrasting color. The |
| 20 | | marker shall state on one side, in
letters of not less than |
| 21 | | 3/8 inch, the following:
"LAWN CARE APPLICATION - STAY OFF |
| 22 | | GRASS UNTIL DRY - FOR MORE INFORMATION
CONTACT: (here |
| 23 | | shall be inserted the name and business telephone number |
| 24 | | of
the applicator for hire)."
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| 25 | | (4) The lawn marker shall be removed and discarded by |
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| 1 | | the property
owner or resident, or such other person |
| 2 | | authorized by the property owner or
resident, on the day |
| 3 | | following the application. The lawn marker shall not be
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| 4 | | removed by any person other than the property owner or |
| 5 | | resident or person
designated by such property owner or |
| 6 | | resident.
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| 7 | | (5) For applications to residential properties of 2 |
| 8 | | families or
less, the applicator for hire shall be |
| 9 | | required to place
lawn markers at the usual point or |
| 10 | | points of entry.
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| 11 | | (6) For applications to residential properties
of 2 |
| 12 | | families or more, or for application to other commercial |
| 13 | | properties,
the applicator for hire shall place lawn |
| 14 | | markers at the usual point or points
of entry to the |
| 15 | | property to provide notice that lawn care products or |
| 16 | | barrier treatment have been
applied to the lawn.
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| 17 | | (b) Notification requirement for application of plant |
| 18 | | protectants on golf
courses.
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| 19 | | (1) Blanket posting procedure. Each golf course shall |
| 20 | | post in a
conspicuous place or places an all-weather |
| 21 | | poster or placard stating to
users of or visitors to the |
| 22 | | golf course that from time to time plant
protectants are |
| 23 | | in use and additionally stating that if any questions or
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| 24 | | concerns arise in relation thereto, the golf course |
| 25 | | superintendent or his
designee should be contacted to |
| 26 | | supply the information contained in
subsection (c) of this |
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| 1 | | Section.
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| 2 | | (2) The poster or placard shall be prominently |
| 3 | | displayed in the pro
shop, locker rooms and first tee at |
| 4 | | each golf course.
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| 5 | | (3) The poster or placard shall be a minimum size of 8 |
| 6 | | 1/2 by 11 inches
and the lettering shall not be less than |
| 7 | | 1/2 inch.
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| 8 | | (4) The poster or placard shall read: "PLANT |
| 9 | | PROTECTANTS ARE
PERIODICALLY APPLIED TO THIS GOLF COURSE. |
| 10 | | IF DESIRED, YOU MAY CONTACT YOUR
GOLF COURSE |
| 11 | | SUPERINTENDENT FOR FURTHER INFORMATION."
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| 12 | | (c) Information to Customers of Applicators for Hire. At |
| 13 | | the time of
application of lawn care products or barrier |
| 14 | | treatment to a lawn, an applicator for hire shall
provide the |
| 15 | | following information to the customer:
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| 16 | | (1) The brand name, common name, and scientific name |
| 17 | | of each lawn care product or barrier treatment applied;
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| 18 | | (2) The type of fertilizer or pesticide contained in |
| 19 | | the lawn care
product or barrier treatment applied;
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| 20 | | (3) The reason for use of each lawn care product or |
| 21 | | barrier treatment applied;
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| 22 | | (4) The range of concentration of end use product |
| 23 | | applied to the
lawn and amount of material applied;
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| 24 | | (5) Any special instruction appearing on the label of |
| 25 | | the lawn care
product or barrier treatment applicable to |
| 26 | | the customer's use of the lawn following application;
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| 1 | | (6) The business name and telephone number of the |
| 2 | | applicator for hire
as well as the name of the person |
| 3 | | actually applying lawn care products or barrier treatment |
| 4 | | to the
lawn; and |
| 5 | | (7) Upon the request of a customer or any person whose |
| 6 | | property abuts or is adjacent to the property of a |
| 7 | | customer of an applicator for hire, a copy of the material |
| 8 | | safety data sheet and approved pesticide registration |
| 9 | | label for each applied lawn care product or barrier |
| 10 | | treatment.
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| 11 | | (d) Prior notification of application to lawn. In the case |
| 12 | | of all lawns
other than golf courses:
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| 13 | | (1) Any neighbor whose property abuts or is adjacent |
| 14 | | to the property
of a customer of an applicator for hire may |
| 15 | | receive prior notification of
an application by contacting |
| 16 | | the applicator for hire and providing his
name, address |
| 17 | | and telephone number.
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| 18 | | (2) At least the day before a scheduled application, |
| 19 | | an applicator
for hire shall provide notification to a |
| 20 | | person who has requested
notification pursuant to |
| 21 | | paragraph (1) of this subsection (d), such
notification to |
| 22 | | be made in writing, in person or by telephone, disclosing
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| 23 | | the date and approximate time of day of application.
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| 24 | | (3) In the event that an applicator for hire is unable |
| 25 | | to provide
prior notification to a neighbor whose property |
| 26 | | abuts or is adjacent to the
property because of the |
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| 1 | | absence or inaccessibility of the individual, at
the time |
| 2 | | of application to a customer's lawn, the applicator for |
| 3 | | hire shall
leave a written notice at the residence of the |
| 4 | | person requesting
notification, which shall provide the |
| 5 | | information specified in paragraph
(2) of this subsection |
| 6 | | (d).
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| 7 | | (e) Prior notification of application to golf courses.
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| 8 | | (1) Any landlord or resident with property that abuts |
| 9 | | or is adjacent
to a golf course may receive prior |
| 10 | | notification of an application of lawn
care products, |
| 11 | | barrier treatment, or plant protectants, or both, by |
| 12 | | contacting the golf course
superintendent and providing |
| 13 | | his name, address and telephone number.
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| 14 | | (2) At least the day before a scheduled application of |
| 15 | | lawn care
products, barrier treatment, or plant |
| 16 | | protectants, or both, the golf course superintendent
shall |
| 17 | | provide notification to any person who has requested |
| 18 | | notification
pursuant to paragraph (1) of this subsection |
| 19 | | (e), such notification to be
made in writing, in person or |
| 20 | | by telephone, disclosing the date and
approximate time of |
| 21 | | day of application.
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| 22 | | (3) In the event that the golf course superintendent |
| 23 | | is unable to
provide prior notification to a landlord or |
| 24 | | resident because of the absence
or inaccessibility, at the |
| 25 | | time of application, of the landlord or
resident, the golf |
| 26 | | course superintendent shall leave a written notice with
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| 1 | | the landlord or at the residence which shall provide the |
| 2 | | information
specified in paragraph (2) of this subsection |
| 3 | | (e).
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| 4 | | (f) Notification for applications of pesticides to day |
| 5 | | care center grounds other than day care center structures and |
| 6 | | school grounds other
than school structures. |
| 7 | | (1) The owner or operator of a day care center must |
| 8 | | either (i) maintain a registry of parents and guardians of |
| 9 | | children in his or her care who have registered to receive |
| 10 | | written notification before the application of pesticide |
| 11 | | to day care center grounds and notify persons on that |
| 12 | | registry before applying pesticides or having pesticide |
| 13 | | applied to day care center grounds or (ii) provide written |
| 14 | | or telephonic notice to all parents and guardians of |
| 15 | | children in his or her care before applying pesticide or |
| 16 | | having pesticide applied to day care center grounds. |
| 17 | | (2) School districts must either (i) maintain a |
| 18 | | registry of parents
and guardians of students who have |
| 19 | | registered to receive written or telephonic notification
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| 20 | | before the application of pesticide to school grounds and |
| 21 | | notify persons on that list before applying pesticide or |
| 22 | | having pesticide applied to school grounds or (ii) provide |
| 23 | | written or telephonic
notification to all parents and |
| 24 | | guardians of students before applying pesticide or having |
| 25 | | pesticide applied to school grounds. |
| 26 | | (3) Written notification required under item (1) or |
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| 1 | | (2) of subsection (f) of this Section may be included in |
| 2 | | newsletters,
calendars, or other correspondence currently |
| 3 | | published by the school district, but posting on a |
| 4 | | bulletin board is not sufficient.
The written or |
| 5 | | telephonic notification must be given at least 4 business |
| 6 | | days before
application of the pesticide and should |
| 7 | | identify the intended date of the
application of the |
| 8 | | pesticide and the name and telephone contact number for |
| 9 | | the
school personnel responsible for the pesticide |
| 10 | | application program or, in the case of a day care center, |
| 11 | | the owner or operator of the day care center. Prior
notice |
| 12 | | shall not be required if there is imminent threat to |
| 13 | | health or
property. If such a situation arises, the |
| 14 | | appropriate school personnel or, in the case of a day care |
| 15 | | center, the owner or operator of the day care center must
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| 16 | | sign a statement describing the circumstances that gave |
| 17 | | rise to the health
threat and ensure that written or |
| 18 | | telephonic notice is provided as soon as practicable.
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| 19 | | (Source: P.A. 96-424, eff. 8-13-09.)
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| 20 | | Section 99. Effective date. This Act takes effect upon |
| 21 | | becoming law.".
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