State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Enrolled ][ House Amendment 001 ]

90_HB0602eng

      505 ILCS 80/14            from Ch. 5, par. 55.14
          Amends the Illinois Fertilizer  Act  of  1961  concerning
      rules.  Makes a technical change.
                                                     LRB9002699PTcw
HB0602 Engrossed                               LRB9002699PTcw
 1        AN ACT concerning pesticides.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The Illinois  Pesticide  Act  is  amended  by
 5    changing Sections 6, 9, 10, 11, 11.1, 12, and 13 as follows:
 6        (415 ILCS 60/6) (from Ch. 5, par. 806)
 7        Sec. 6.  Registration.
 8        1.  Every  pesticide  which is distributed, sold, offered
 9    for sale within this State, delivered for  transportation  or
10    transported  in  interstate commerce or between points within
11    the State through any  point  outside  the  State,  shall  be
12    registered with the Director or his designated agent, subject
13    to  provisions  of  this  Act.   Such  registration  shall be
14    renewed annually with registrations expiring December 31 each
15    year.  Registration is not required if a pesticide is shipped
16    from one plant or warehouse to another plant or warehouse  by
17    the same person and is used solely at such plant or warehouse
18    as a constituent part to make a pesticide which is registered
19    under provisions of this Act and FIFRA.
20        2.  Registration  applicant  shall  file a statement with
21    the Director which shall include:
22             A.  The name and address of the  applicant  and  the
23        name  and address of the person whose name will appear on
24        the label if different from the applicant's.
25             B.  The name of the pesticide.
26             C.  A  copy  of  the   labeling   accompanying   the
27        pesticide  under  customary  conditions  of distribution,
28        sale and use, including ingredient  statement,  direction
29        for use, use classification, and precautionary or warning
30        statements.
31        3.  The  Director  may require the submission of complete
HB0602 Engrossed            -2-                LRB9002699PTcw
 1    formula data.
 2        4.  The Director may require a full description of  tests
 3    made  and  the  results  thereof,  upon  which the claims are
 4    based, for any pesticide not registered pursuant to FIFRA, or
 5    on any pesticide under consideration  to  be  classified  for
 6    restricted use.
 7             A.  The  Director will not consider data he required
 8        of the initial registrant of a pesticide  in  support  of
 9        another  applicants'  registration  unless the subsequent
10        applicant has obtained written  permission  to  use  such
11        data.
12             B.  In   the   case  of  renewal  registration,  the
13        Director may accept a  statement  only  with  respect  to
14        information   which  is  different  from  that  furnished
15        previously.
16        5.  The Director  may  prescribe  other  requirements  to
17    support a pesticide registration by regulation.
18        6.  For the years preceding the year 2004, any registrant
19    desiring  to  register a pesticide product at any time during
20    one year shall pay the annual registration fee  of  $100  $50
21    per product registered for that applicant. For the years 2004
22    and  thereafter, the annual product registration fee is $130.
23    For the  years  1991,  1992,  and  1993  the  annual  product
24    registration fee is $100.
25        In  addition,  for  the years preceding the year 2004 any
26    business registering a pesticide product at any  time  during
27    one  year  shall  pay the annual business registration fee of
28    $250.  For the years 2004 and thereafter, the annual business
29    registration fee shall be $300.  Each  legal  entity  of  the
30    business shall pay the annual business registration fee.
31        For  the  years  preceding  the  year 2004, any applicant
32    requesting an experimental use permit shall  pay  the  annual
33    fee  of  $100  $50  per  permit  and.  all special local need
34    pesticide registration applicants shall pay an annual fee  of
HB0602 Engrossed            -3-                LRB9002699PTcw
 1    $100  $50 per product. For the years 2004 and thereafter, the
 2    annual experimental use permit fee  and  special  local  need
 3    pesticide   registration   fee   is   $130.   Subsequent  SLN
 4    registrations for a pesticide  already  registered  shall  be
 5    exempted from the registration fee.
 6             A.  All  registration  accepted  and approved by the
 7        Director shall expire on the 31st day of December in  any
 8        one  year  unless  cancelled.  Registration for a special
 9        local need may be granted for a specific period  of  time
10        with the approval date and expiration date specified.
11             B.  If a registration for special local need granted
12        by   the  Director  does  not  receive  approval  of  the
13        Administrator of USEPA, the registration shall expire  on
14        the date of the Administrator's disapproval.
15        7.  Registrations  approved  and accepted by the Director
16    and in effect on the 31st day of December, for which  renewal
17    application  is made, shall continue in full force and effect
18    until the Director notifies the registrant that  the  renewal
19    has  been approved and accepted or the registration is denied
20    under this Act.  Renewal registration forms will be  provided
21    to applicants by the Director.
22        8.  If  the  renewal  of  a pesticide registration is not
23    filed within 30 days of the date  of  expiration,  a  penalty
24    late  registration assessment of $200 per product shall apply
25    in lieu of the normal annual product  registration  fee.  The
26    late   registration   assessment  shall  not  apply   if  the
27    applicant  furnishes  an   affidavit   certifying   that   no
28    unregulated  pesticide  was  distributed  or  sold during the
29    period of registration.  The late assessment is not a bar  to
30    prosecution for doing business without proper registry.
31        9.  The  Director  may  prescribe  by regulation to allow
32    pesticide use for a special local need, pursuant to FIFRA.
33        10.  The  Director  may  prescribe  by   regulation   the
34    provisions  for  and  requirements of registering a pesticide
HB0602 Engrossed            -4-                LRB9002699PTcw
 1    intended for experimental use.
 2        11.  The Director shall not make any lack of essentiality
 3    a criterion for denial  of  registration  of  any  pesticide.
 4    Where  2  pesticides meet the requirements, one should not be
 5    registered in preference to the other.
 6        12.  It shall be the duty of the pesticide registrant  to
 7    properly  dispose  of any pesticide the registration of which
 8    has  been  suspended,  revoked  or  cancelled  or  which   is
 9    otherwise not properly registered in the State.
10    (Source: P.A. 86-232; 86-1172; 87-128; 87-1108.)
11        (415 ILCS 60/9) (from Ch. 5, par. 809)
12        Sec.  9.  Licenses  and  Pesticide  Dealer  Registrations
13    Requirements;  Certification.  Licenses  and pesticide dealer
14    registrations issued pursuant to this Act shall be valid  for
15    one  year,  except  that private applicator licenses shall be
16    valid  for  3  years.  All  licenses  and  pesticide   dealer
17    registrations  shall  expire  on  December  31 of the year in
18    which it  is  to  expire.   A  license  or  pesticide  dealer
19    registration  in  effect  on  the 31st of December, for which
20    renewal has been made within 60 days following  the  date  of
21    expiration, shall continue in full force and effect until the
22    Director   notifies  the  applicant  that  renewal  has  been
23    approved and accepted or is to be denied in  accordance  with
24    this  Act.   The  Director  shall  not  issue  a  license  or
25    pesticide dealer registration to a first time applicant or to
26    a  person  who  has  not  made  application for renewal on or
27    before March 1 following the expiration date of  the  license
28    or  pesticide  dealer  registration  until  such applicant or
29    person  has  been  certified  by  the  Director   as   having
30    successfully  demonstrated competence and knowledge regarding
31    pesticide  use.  The  Director  shall  issue  a  license   or
32    pesticide   dealer   registration   to  a  person  that  made
33    application after  March  1  and  before  April  15  if  that
HB0602 Engrossed            -5-                LRB9002699PTcw
 1    application  is  accompanied  by  a  late  application fee. A
 2    licensee  or  pesticide  dealer  shall  be  required  to   be
 3    recertified  for competence and knowledge regarding pesticide
 4    use at least once every 3 years and at such  other  times  as
 5    deemed  necessary by the Director to assure a continued level
 6    of competence and ability.  The Director shall by  regulation
 7    specify  the  standard of qualification for certification and
 8    the manner of  establishing  an  applicant's  competence  and
 9    knowledge.   An  applicant  who  has  been certified shall be
10    required  to  apply  for  a  license  or   pesticide   dealer
11    registration   within   90   days  after  the  date  of  such
12    certification.  Failure to apply for a license  or  pesticide
13    dealer  registration within such 90 day period shall void the
14    certification.
15        The Director may refuse to issue a license  or  pesticide
16    dealer  registration  based upon the violation history of the
17    applicant.
18    (Source: P.A. 89-94, eff. 7-6-95.)
19        (415 ILCS 60/10) (from Ch. 5, par. 810)
20        Sec. 10.  Commercial Applicator  License.  No  commercial
21    applicator  shall  use  or supervise the use of any pesticide
22    without a commercial license issued by the Director.  For the
23    years preceding the year 2001, the Director shall require  an
24    annual  fee for commercial applicator license of $35 $30. For
25    the years 2001, 2002, 2003, 2004, 2005, and 2006, the  annual
26    fee  for  a  commercial  applicator  license is $45.  For the
27    years 2007 and thereafter, the annual fee  for  a  commercial
28    applicator  license  is  $60.  The late application fee for a
29    commercial applicator license shall be $20 in addition to the
30    normal license fee. A commercial applicator shall be assessed
31    a fee of $5 for a duplicate license.
32        1.  Application for  the  commercial  applicator  license
33    shall  be  made in writing on designated forms available from
HB0602 Engrossed            -6-                LRB9002699PTcw
 1    the Director.  Each  application  shall  contain  information
 2    regarding   the  applicants  qualifications,  nature  of  the
 3    proposed operation, classification of license  being  sought,
 4    and shall include the following:
 5             A.  The full name of the applicant.
 6             B.  The address of the applicant.
 7             C.  Any  necessary  information  prescribed  by  the
 8        Director on the designated application form.
 9        2.  An   applicant   for   a  license  shall  demonstrate
10    competence  and  knowledge   regarding   pesticide   use   in
11    accordance with Section 9 of this Act.
12        3.  A  licensed commercial applicator must provide to the
13    Director at  the  time  of  original  licensing  and  license
14    renewal   evidence  of  financial  responsibility  protecting
15    persons who may suffer personal injury or property damage  or
16    both  as a result of the pesticide operation of the applicant
17    in either of the following manners:
18             A.  Evidence of responsibility may  be  provided  in
19        the  form  of  a surety bond for each licensed commercial
20        applicator naming the licensed commercial  applicator  as
21        principal  of  the bond.  The amount of the bond shall be
22        not less than $50,000 per year.   It  is  permissible  to
23        provide  two  bonds;  one  for  $25,000 for bodily injury
24        liability and the second for $25,000 for property  damage
25        liability.   The  bond  or bonds shall be made payable to
26        the Director of Agriculture, State of Illinois,  for  the
27        benefit  of  the  injured  party and shall be conditioned
28        upon compliance with the provisions of this  Act  by  the
29        principal,  his  or  her  officers,  representatives  and
30        employees; or
31             B.  Evidence  of  responsibility  may be provided in
32        the  form  of  a  certificate  of   liability   insurance
33        providing   coverage   for   each   licensed   commercial
34        applicator  or  licensed entity in the amount of not less
HB0602 Engrossed            -7-                LRB9002699PTcw
 1        than $50,000 per person, $100,000 per  occurrence  bodily
 2        injury  liability  coverage,  with an annual aggregate of
 3        not  less  than  $500,000,  and  $50,000  per  occurrence
 4        property damage liability, with an  annual  aggregate  of
 5        not  less  than  $50,000; or, in lieu thereof, a combined
 6        single limit of not less than $100,000 bodily injury  and
 7        property   damage  liability  combined,  with  an  annual
 8        aggregate of not less than $500,000.
 9        4.  Every  insurance  policy  or  bond  shall  contain  a
10    provision that it will not be cancelled  or  reduced  by  the
11    principal  or  insurance  company,  except upon 30 days prior
12    notice in writing to the Director of the  Department  at  the
13    Springfield,  Illinois  office  and the principal insured.  A
14    reduction or cancellation of  policy  shall  not  affect  the
15    liability  accrued  or  which  may  accrue  under such policy
16    before the expiration of  the  30  days.   The  notice  shall
17    contain   the  termination  date.   Upon  said  reduction  or
18    cancellation,  the  Director  shall  immediately  notify  the
19    licensee that his or her license will be  suspended  and  the
20    effective  date until the minimum bond or liability insurance
21    requirements are met by the licensee for the current  license
22    period.
23        5.  Nothing in this Act shall be construed to relieve any
24    person  from  liability for any damage to persons or property
25    caused by use of pesticides even though such use conforms  to
26    label  instructions  and  pertinent  rules and regulations of
27    this State.
28        6.  The Director may renew any applicant's license in the
29    classifications for which such applicant is licensed, subject
30    to requalification  requirements  imposed  by  the  Director.
31    Requalification  standards shall be prescribed by regulations
32    adopted pursuant to this Act and are required to ensure  that
33    the  licensed commercial applicator meets the requirements of
34    changing technology  and  to  assure  a  continued  level  of
HB0602 Engrossed            -8-                LRB9002699PTcw
 1    competence and ability.
 2        7.  The Director may limit the license of an applicant to
 3    allow  only  the  use  of  certain  pesticides in a delimited
 4    geographic  area,  or  to  the  use  of  certain  application
 5    techniques or equipment.  If  a  license  is  not  issued  as
 6    applied  for,  the  Director  shall  inform  the applicant in
 7    writing of the reasons and  extend  an  opportunity  for  the
 8    applicant  to  complete  the  requirements  for  the  license
 9    desired.
10        8.  For the purpose of uniformity, the Director may enter
11    into  agreements  for accepting standards of qualification of
12    other states as a basis for licensing commercial applicators.
13    (Source: P.A. 89-94, eff. 7-6-95.)
14        (415 ILCS 60/11) (from Ch. 5, par. 811)
15        Sec. 11.  Certified  Pesticide  Applicators.   No  person
16    shall  use  or supervise the use of pesticides classified for
17    restricted use without a  license  issued  by  the  Director.
18    Persons  licensed  or  desiring  to  be licensed as certified
19    pesticide applicators shall  comply  with  the  certification
20    requirements  as  set forth in Section 9 of this Act in order
21    to protect  public  health  and  the  environment,  including
22    injury  to  the  applicator  or  other  persons  using  these
23    pesticides.
24        An  applicant  for  certification  as a private pesticide
25    applicator shall meet qualification  requirements  prescribed
26    by  regulation.   The  application for certification shall be
27    made in writing to the Director, on forms available from  the
28    Director or the local county agricultural extension adviser's
29    office  and be accompanied by payment of a $10 license fee in
30    the years preceding the year 2001.  During  the  years  2001,
31    2002,  2003,  2004,  2005,  and  2006,  the private pesticide
32    applicator license fee shall be $15.  During the  years  2007
33    and  thereafter, the private pesticide applicator license fee
HB0602 Engrossed            -9-                LRB9002699PTcw
 1    shall be  $20.   A  private  pesticide  applicator  shall  be
 2    assessed  a  fee  of  $5  for  a  duplicate  license.    Such
 3    application shall include:
 4        A.  The full name of the applicant.
 5        B.  The mailing address of the applicant.
 6        C.  The  documents required as evidence of competence and
 7    knowledge regarding the use of pesticides.
 8        Certification, as a private pesticide applicator,  issued
 9    by  the  Director  shall  be valid for a period prescribed by
10    regulation.  The Director shall develop regulatory  standards
11    to   ensure  that  certified  private  pesticide  applicators
12    continue to meet the requirements of  a  changing  technology
13    and assure a continued level of competence and ability.
14    (Source: P.A. 85-177.)
15        (415 ILCS 60/11.1) (from Ch. 5, par. 811.1)
16        Sec.  11.1.   Public and Commercial Not-for-Hire License.
17    No public or commercial not-for-hire applicator shall use  or
18    supervise  the  use of any pesticide without a license issued
19    by the Director. The late application fee  for  a  public  or
20    commercial not-for-hire applicator shall be $20.  A public or
21    commercial not-for-hire applicator shall be assessed a fee of
22    $5 for a duplicate license.
23        1.    Application   for  certification  as  a  commercial
24    not-for-hire pesticide applicator shall be made in writing on
25    designated  forms  available   from   the   Director.    Each
26    application   shall   contain   information   regarding   the
27    qualifications    of   the   applicant,   classification   of
28    certification being sought, and shall include the following:
29        A.  The full name of the applicant.
30        B.  The name of the applicant's employer.
31        C.  The address at the applicant's place of employment.
32        D.  Any other information prescribed by the  Director  on
33    the designated form.
HB0602 Engrossed            -10-               LRB9002699PTcw
 1        2.  The  Director  shall  not  issue a certification to a
 2    commercial  not-for-hire  pesticide  applicator   until   the
 3    individual  identified  has  demonstrated  his competence and
 4    knowledge regarding pesticide use in accordance with  Section
 5    9 of this Act.
 6        3.  The  Director  shall  not  renew a certification as a
 7    commercial  not-for-hire  pesticide  applicator   until   the
 8    applicant reestablishes his qualifications in accordance with
 9    Section  9  of this Act or has met other requirements imposed
10    by regulation in order to ensure that the applicant meets the
11    requirements of changing technology and to assure a continued
12    level of competence and ability.
13        4.  Application for certification as a  public  pesticide
14    applicator  shall  be  made  in  writing  on designated forms
15    available from the Director.  Each application shall  contain
16    information    regarding    qualifications    of   applicant,
17    classification  of  certification  being  sought,  and  shall
18    include the following:
19        A.  The full name of the applicant.
20        B.  The name of the applicant's employer.
21        C.  Any other information prescribed by the  Director  on
22    the designated form.
23        5.  The  Director  shall  not  issue  a  certificate to a
24    public pesticide applicator until the  individual  identified
25    has  demonstrated  his  competence  and  knowledge  regarding
26    pesticide use in accordance with Section 9 of this Act.
27        6.  The  Director  shall  not  renew a certification as a
28    public pesticide applicator until the applicant reestablishes
29    his qualifications in accordance with Section 9 of  this  Act
30    or  has met other requirements imposed by regulation in order
31    to ensure  that  the  applicant  meets  the  requirements  of
32    changing  technology  and  to  assure  a  continued  level of
33    competence and ability.
34        7.  Persons applying general use pesticides, approved  by
HB0602 Engrossed            -11-               LRB9002699PTcw
 1    the Inter-Agency Committee on the Use of Pesticides, to scrap
 2    tires  for the control of mosquitoes shall be exempt from the
 3    license requirements of this Section.
 4    (Source: P.A. 85-1327.)
 5        (415 ILCS 60/12) (from Ch. 5, par. 812)
 6        Sec. 12.  Licensed Operator.  No pesticide operator shall
 7    use any  pesticides  without  a  pesticide  operator  license
 8    issued by the Director.
 9        1.  Application  for an operator license shall be made in
10    writing on designated  forms  available  from  the  Director.
11    Each  application  shall  contain  information  regarding the
12    nature of applicants pesticide use, his  qualifications,  and
13    such  other facts as prescribed on the form.  The application
14    shall also include the following:
15             A.  The full name of applicant.
16             B.  The address of the applicant.
17             C.  The name of and license/certification number  of
18        the  pesticide  applicator  under whom the applicant will
19        work.
20        2.  The Director shall not  issue  a  pesticide  operator
21    license  until the individual identified has demonstrated his
22    competence  and  knowledge   regarding   pesticide   use   in
23    accordance with Section 9 of this Act.
24        3.  The  Director  shall not issue an operator license to
25    any  person  who  is  unable  to   provide   the   name   and
26    license/certification  number of an applicator under whom the
27    operator will work.
28        4.  For the years preceding the  year  2001,  a  licensed
29    operator  working for or under the supervision of a certified
30    licensed commercial pesticide applicator shall pay an  annual
31    fee  of  $25  $20.  For  the  years 2001, 2002, and 2003, the
32    annual fee for a commercial operator license is $30.  For the
33    years 2004, 2005, and 2006, the annual fee for  a  commercial
HB0602 Engrossed            -12-               LRB9002699PTcw
 1    operator  license  is $35. For the years 2007 and thereafter,
 2    the annual fee for a commercial operator license is $40.  The
 3    late  application fee for an operator license shall be $20 in
 4    addition to the normal license fee. A licensed operator shall
 5    be assessed a fee of $5 for a duplicate license.
 6    (Source: P.A. 89-94, eff. 7-6-95.)
 7        (415 ILCS 60/13) (from Ch. 5, par. 813)
 8        Sec. 13.  Pesticide dealers.  Any  pesticide  dealer  who
 9    sells  Restricted Use pesticides shall be registered with the
10    Department on forms provided by the  Director.   Registration
11    shall  consist  of passing a required examination and payment
12    of a $100 registration fee. The late application  fee  for  a
13    pesticide dealer registration shall be $20 in addition to the
14    normal pesticide dealer registration fee.  A pesticide dealer
15    shall be assessed a fee of $5 for a duplicate registration.
16        Dealers  who  hold a Structural Pest Control license with
17    the Illinois Department of  Public  Health  or  a  Commercial
18    Applicator's   license   with   the  Illinois  Department  of
19    Agriculture are exempt from the  registration  fee  but  must
20    register with the Department.
21        Each   place  of  business  which  sells  restricted  use
22    pesticides shall be considered  a  separate  entity  for  the
23    purpose of registration.
24        Registration  as  a  pesticide  dealer  shall  expire  on
25    December  31  of  each  year.   Pesticide  dealers  shall  be
26    certified in accordance with Section 9 of this Act.
27        The Director may prescribe, by rule, requirements for the
28    registration  and  testing  of  any  pesticide dealer selling
29    other than restricted use pesticides  and  such  rules  shall
30    include  the establishment of a registration fee in an amount
31    not to exceed the pesticide dealer registration fee.
32        The Department may refuse to issue  or  may  suspend  the
33    registration  of any person who fails to file a return, or to
HB0602 Engrossed            -13-               LRB9002699PTcw
 1    pay the tax, penalty, or interest shown in a filed return, or
 2    to pay any final assessment of tax, penalty, or interest,  as
 3    required   by  any  tax  Act  administered  by  the  Illinois
 4    Department of Revenue, until such time as the requirements of
 5    any such tax Act are satisfied.
 6    (Source: P.A. 85-177; 86-1172; 87-1108; 89-657, eff. 8-14-96;
 7    revised 10-24-96.)

[ Top ]