Rep. Robyn Gabel
Filed: 2/23/2022
 
 


 




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1
AMENDMENT TO HOUSE BILL 3118




2 AMENDMENT NO. ______. Amend House Bill 3118, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:


5 "Section 5. The Illinois Pesticide Act is amended by 
6changing Section 4 and by adding Sections 13.4 and 13.5 as 
7follows:



8 (415 ILCS 60/4) (from Ch. 5, par. 804)



9 Sec. 4. Definitions. As used in this Act:

10 1. "Director" means Director of the Illinois Department of

11Agriculture or his authorized representative.

12 2. "Active Ingredient" means any ingredient which will 
13prevent,
destroy, repel, control or mitigate a pest or which 
14will act as a plant
regulator, defoliant or desiccant.

15 3. "Adulterated" shall apply to any pesticide if the 
16strength or
purity is not within the standard of quality 
 
 
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1expressed on the labeling
under which it is sold, distributed 
2or used, including any substance
which has been substituted 
3wholly or in part for the pesticide as
specified on the 
4labeling under which it is sold, distributed or used,
or if any 
5valuable constituent of the pesticide has been wholly or in

6part abstracted.

7 4. "Agricultural Commodity" means produce of the land 
8including but
not limited to plants and plant parts, livestock 
9and poultry and
livestock or poultry products, seeds, sod, 
10shrubs and other products of
agricultural origin including the 
11premises necessary to and used
directly in agricultural 
12production.
Agricultural commodity also includes aquatic 
13products, including any aquatic plants and animals or their 
14by-products that are produced, grown, managed, harvested and 
15marketed on an annual, semi-annual, biennial or short-term 
16basis, in permitted aquaculture facilities.

17 5. "Animal" means all vertebrate and invertebrate species 
18including,
but not limited to, man and other mammals, bird, 
19fish, and shellfish.

20 5.5 "Barrier mosquitocide" means a pesticide that is 
21formulated to kill adult mosquitoes and that is applied so as 
22to leave a residual mosquitocidal coating on natural or 
23manmade surfaces.
24 5.6 "Barrier mosquitocide treatment" means application of 
25a barrier mosquitocide to a natural or manmade surface. 
26 6. "Beneficial Insects" means those insects which during 
 
 
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1their life
cycle are effective pollinators of plants, 
2predators of pests or are
otherwise beneficial.

3 7. "Certified applicator".

4  A. "Certified applicator" means any individual who is 
5 certified
under this Act to purchase, use, or supervise 
6 the use of pesticides
which are classified for restricted 
7 use.

8  B. "Private applicator" means a certified applicator 
9 who purchases,
uses, or supervises the use of any 
10 pesticide classified for restricted
use, for the purpose 
11 of producing any agricultural commodity on property
owned, 
12 rented, or otherwise controlled by him or his employer, or

13 applied to other property if done without compensation 
14 other than
trading of personal services between no more 
15 than 2 producers of
agricultural commodities.

16  C. "Licensed Commercial Applicator" means a certified 
17 applicator,
whether or not he is a private applicator with 
18 respect to some uses, who
owns or manages a business that 
19 is engaged in applying pesticides,
whether classified for 
20 general or restricted use, for hire. The term
also applies 
21 to a certified applicator who uses or supervises the use 
22 of
pesticides, whether classified for general or 
23 restricted use, for any
purpose or on property of others 
24 excluding those specified by
subparagraphs 7 (B), (D), (E) 
25 of Section 4 of this Act.

26  D. "Commercial Not For Hire Applicator" means a 
 
 
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1 certified applicator
who uses or supervises the use of 
2 pesticides classified for general or
restricted use for 
3 any purpose on property of an employer when such
activity 
4 is a requirement of the terms of employment and such

5 application of pesticides under this certification is 
6 limited to
property under the control of the employer only 
7 and includes, but is not
limited to, the use or 
8 supervision of
the use of pesticides in a greenhouse 
9 setting. "Commercial Not For Hire Applicator" also 
10 includes a certified applicator who uses or supervises the 
11 use of pesticides classified for general or restricted use 
12 as an employee of a state agency, municipality, or other 
13 duly constituted governmental agency or unit.

14 8. "Defoliant" means any substance or combination of 
15substances
which cause leaves or foliage to drop from a plant 
16with or without
causing abscission.

17 9. "Desiccant" means any substance or combination of 
18substances
intended for artificially accelerating the drying 
19of plant tissue.

20 10. "Device" means any instrument or contrivance, other 
21than a
firearm or equipment for application of pesticides when 
22sold separately
from pesticides, which is intended for 
23trapping, repelling, destroying,
or mitigating any pest, other 
24than bacteria, virus, or other
microorganisms on or living in 
25man or other living animals.

26 11. "Distribute" means offer or hold for sale, sell, 
 
 
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1barter, ship,
deliver for shipment, receive and then deliver, 
2or offer to deliver
pesticides, within the State.

3 12. "Environment" includes water, air, land, and all 
4plants and
animals including man, living therein and the 
5interrelationships which
exist among these.

6 13. "Equipment" means any type of instruments and 
7contrivances using
motorized, mechanical or pressure power 
8which is used to apply any
pesticide, excluding pressurized 
9hand-size household apparatus
containing dilute ready to apply 
10pesticide or used to apply household
pesticides.

11 14. "FIFRA" means the Federal Insecticide, Fungicide, and 
12Rodenticide
Act, as amended.

13 15. "Fungi" means any non-chlorophyll bearing 
14thallophytes, any
non-chlorophyll bearing plant of a lower 
15order than mosses or
liverworts, as for example rust, smut, 
16mildew, mold, yeast and bacteria,
except those on or in living 
17animals including man and those on or in
processed foods, 
18beverages or pharmaceuticals.

19 16. "Household Substance" means any pesticide customarily 
20produced
and distributed for use by individuals in or about 
21the household.

22 17. "Imminent Hazard" means a situation which exists when 
23continued
use of a pesticide would likely result in 
24unreasonable adverse effect on
the environment or will involve 
25unreasonable hazard to the survival of a
species declared 
26endangered by the U.S. Secretary of the Interior or to
species 
 
 
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1declared to be protected by the Illinois Department of Natural

2Resources.

3 18. "Inert Ingredient" means an ingredient which is not an 
4active
ingredient.

5 19. "Ingredient Statement" means a statement of the name 
6and
percentage of each active ingredient together with the 
7total percentage
of inert ingredients in a pesticide and for 
8pesticides containing
arsenic in any form, the ingredient 
9statement shall include percentage
of total and water soluble 
10arsenic, each calculated as elemental
arsenic. In the case of 
11spray adjuvants the ingredient statement need
contain only the 
12names of the functioning agents and the total percent
of those 
13constituents ineffective as spray adjuvants.

14 20. "Insect" means any of the numerous small invertebrate 
15animals
generally having the body more or less obviously 
16segmented for the most
part belonging to the class Insects, 
17comprised of six-legged, usually
winged forms, as for example 
18beetles, caterpillars, and flies. This
definition encompasses 
19other allied classes of arthropods whose members
are wingless 
20and usually have more than 6 legs as for example spiders,

21mites, ticks, centipedes, and millipedes.

22 21. "Label" means the written, printed or graphic matter 
23on or
attached to the pesticide or device or any of its 
24containers or
wrappings.

25 22. "Labeling" means the label and all other written, 
26printed or
graphic matter: (a) on the pesticide or device or 
 
 
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1any of its containers
or wrappings, (b) accompanying the 
2pesticide or device or referring to
it in any other media used 
3to disseminate information to the public,
(c) to which 
4reference is made to the pesticide or device except when

5references are made to current official publications of the U. 
6S.
Environmental Protection Agency, Departments of 
7Agriculture, Health,
Education and Welfare or other Federal 
8Government institutions, the
state experiment station or 
9colleges of agriculture or other similar
state institution 
10authorized to conduct research in the field of
pesticides.

11 23. "Land" means all land and water area including 
12airspace, and all
plants, animals, structures, buildings, 
13contrivances, and machinery
appurtenant thereto or situated 
14thereon, fixed or mobile, including any
used for 
15transportation.

16 24. "Licensed Operator" means a person employed to apply 
17pesticides
to the lands of others under the direction of a 
18"licensed commercial
applicator" or a "licensed commercial

19not-for-hire applicator".

20 25. "Nematode" means invertebrate animals of the phylum

21nemathelminthes and class nematoda, also referred to as nemas 
22or
eelworms, which are unsegmented roundworms with elongated 
23fusiform or
sac-like bodies covered with cuticle and 
24inhabiting soil, water, plants
or plant parts.

25 26. "Permit" means a written statement issued by the 
26Director or his
authorized agent, authorizing certain acts of 
 
 
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1pesticide purchase or of
pesticide use or application on an 
2interim basis prior to normal
certification, registration, or 
3licensing.

4 27. "Person" means any individual, partnership, 
5association,
fiduciary, corporation, or any organized group of 
6persons whether
incorporated or not.

7 28. "Pest" means (a) any insect, rodent, nematode, fungus, 
8weed, or
(b) any other form of terrestrial or aquatic plant or 
9animal life or
virus, bacteria, or other microorganism, 
10excluding virus, bacteria, or
other microorganism on or in 
11living animals including man, which the
Director declares to 
12be a pest.

13 29. "Pesticide" means any substance or mixture of 
14substances
intended for preventing, destroying, repelling, or 
15mitigating any pest
or any substance or mixture of substances 
16intended for use as a plant
regulator, defoliant or desiccant.

17 30. "Pesticide Dealer" means any person who distributes 
18registered
pesticides to the user.

19 31. "Plant Regulator" means any substance or mixture of 
20substances
intended through physiological action to affect the 
21rate of growth or
maturation or otherwise alter the behavior 
22of ornamental or crop plants
or the produce thereof. This does 
23not include substances which are not
intended as plant 
24nutrient trace elements, nutritional chemicals, plant
or seed 
25inoculants or soil conditioners or amendments.

26 32. "Protect Health and Environment" means to guard 
 
 
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1against any
unreasonable adverse effects on the environment.

2 33. "Registrant" means person who has registered any 
3pesticide
pursuant to the provision of FIFRA and this Act.

4 34. "Restricted Use Pesticide" means any pesticide with 
5one or more
of its uses classified as restricted by order of 
6the Administrator of
USEPA.

7 35. "SLN Registration" means registration of a pesticide 
8for use
under conditions of special local need as defined by

9FIFRA.

10 36. "State Restricted Pesticide Use" means any pesticide 
11use which
the Director determines, subsequent to public 
12hearing, that an
additional restriction for that use is needed 
13to prevent unreasonable
adverse effects.

14 37. "Structural Pest" means any pests which attack and 
15destroy
buildings and other structures or which attack 
16clothing, stored food,
commodities stored at food 
17manufacturing and processing facilities or
manufactured and 
18processed goods.

19 38. "Unreasonable Adverse Effects on the Environment" 
20means the
unreasonable risk to the environment, including man, 
21from the use of any
pesticide, when taking into account 
22accrued benefits of as well as the
economic, social, and 
23environmental costs of its use.

24 39. "USEPA" means United States Environmental Protection 
25Agency.

26 40. "Use inconsistent with the label" means to use a 
 
 
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1pesticide in
a manner not consistent with the label 
2instruction, the definition
adopted in FIFRA as interpreted by 
3USEPA shall apply in Illinois.

4 41. "Weed" means any plant growing in a place where it is 
5not
wanted.

6 42. "Wildlife" means all living things, not human, 
7domestic, or
pests.

8 43. "Bulk pesticide" means any registered pesticide which 
9is
transported or held in an individual container in undivided 
10quantities of
greater than 55 U.S. gallons liquid measure or 
11100 pounds net dry weight.

12 44. "Bulk repackaging" means the transfer of a registered 
13pesticide from
one bulk container (containing undivided 
14quantities of greater than 100
U.S. gallons liquid measure or 
15100 pounds net dry weight) to another bulk
container 
16(containing undivided quantities of greater than 100 U.S. 
17gallons
liquid measure or 100 pounds net dry weight) in an 
18unaltered state in
preparation for sale or distribution to 
19another person.

20 45. "Business" means any individual, partnership, 
21corporation or
association engaged in a business operation for 
22the purpose of
selling or distributing pesticides or providing 
23the service of application
of pesticides in this State.

24 46. "Facility" means any building or structure and all 
25real property
contiguous thereto, including all equipment 
26fixed thereon used for the
operation of the business.

 
 
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1 47. "Chemigation" means the application of a pesticide 
2through the
systems or equipment employed for the primary 
3purpose of irrigation of land and
crops.

4 48. "Use" means any activity covered by the pesticide 
5label including
but not limited to application of pesticide, 
6mixing and loading, storage of
pesticides or pesticide 
7containers, disposal of pesticides and pesticide
containers 
8and reentry into treated sites or areas.

9(Source: P.A. 102-555, eff. 1-1-22.)


10 (415 ILCS 60/13.4 new)
11 Sec. 13.4. Barrier mosquitocides.
12 (a) Except as provided under subsection (e) and rules 
13adopted by the Department of Agriculture under subsection (b), 
14no commercial applicator shall apply a barrier mosquitocide 
15between October 15 and April 15.
16 (b) The Department of Agriculture may adopt rules allowing 
17for the application of barrier mosquitocides by commercial 
18applicators between October 15 and April 15, provided that the 
19Department of Agriculture determines, as a part of the 
20rulemaking proceeding, that there is evidence of a significant 
21unmet need for the commercial application of barrier 
22mosquitocides between October 15 and April 15 due to the 
23abundance of target mosquito populations in the State during 
24that period.
25 (c) A commercial applicator of a barrier mosquitocide 
 
 
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1must, at a minimum:
2  (1) not apply a barrier mosquitocide when wind speeds 
3 are greater than or equal to 10 miles per hour;
4  (2) be licensed under this Act and have completed the 
5 additional licensure and testing requirements established 
6 by the Department of Agriculture under subsection (d);
7  (3) erect, immediately following application of the 
8 barrier mosquitocide, signage for residential properties 
9 treated with barrier mosquitocides that is comparable to 
10 the notification requirements under subsection (a) of 
11 Section 3 of the Lawn Care Products Application and Notice 
12 Act; and
13  (4) provide, upon request and in a manner that is 
14 comparable to the notification requirements under 
15 subsection (d) of Section 3 of the Lawn Care Products 
16 Application and Notice Act, a copy of the product labels 
17 required for the barrier mosquitocide under the Federal 
18 Insecticide Fungicide, and Rodenticide Act (FIFRA).
19 (d) The Department of Agriculture shall adopt rules to 
20expand its existing commercial applicator licensure and 
21testing program to include training in the residential 
22application of barrier mosquitocides. The training developed 
23by the Department of Agriculture shall include a course on 
24mosquito control and pollinator protection in the residential 
25environment and shall also include training in the following 
26topics:
 
 
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1  (1) requirements for domestic inspections by 
2 commercial applicators prior to application of barrier 
3 mosquitocides;
4  (2) identification of mosquitoes in areas to be 
5 treated with the barrier mosquitocide;
6  (3) distinguishing between species of mosquitoes;
7  (4) mosquito behavior, biology, and life cycle;
8  (5) pesticide-free source mosquito-reduction methods;
9  (6) pesticide drift and the protection of bystanders 
10 during pesticide application;
11  (7) pesticide label requirements;
12  (8) proper technique for application of barrier 
13 mosquitocides;
14  (9) protection of pollinators from barrier 
15 mosquitocides;
16  (10) mosquito-borne diseases;
17  (11) proper use of equipment for application of 
18 mosquitocides;
19  (12) use of personal protective equipment during 
20 application of barrier mosquitocides;
21  (13) areas where barrier mosquitocides cannot be 
22 applied; and
23  (14) any other topic the Department of Agriculture 
24 determines to be relevant.
25 (e) Any barrier mosquitocide treatment made for public 
26health purposes by or on behalf of a mosquito abatement 
 
 
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1district, public health department, township, municipality, or 
2other unit of
local government is exempt from this Section and 
3any rules adopted under this Section.
4 (f) The Department of Agriculture may partner with the 
5University of Illinois to develop and administer a voluntary 
6continuing education curriculum that includes as a curricular 
7element a unit on pollinator
protection and ecological 
8protection. 

9 (415 ILCS 60/13.5 new)
10 Sec. 13.5. Mosquito misters prohibited. No person shall 
11install or use any residential automatic pesticide misting 
12system in this State. For purposes of this Section, 
13"residential automatic pesticide misting system" means any 
14device that is designed to be installed on, near, or around the 
15exterior of any residential dwelling or the grounds of a 
16residential dwelling and to automatically spray any pesticide 
17solution at timed intervals.

18 Section 99. Effective date. This Act takes effect January 
191, 2023.".