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[ 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$5021 per product registered for that applicant. For the years 2004 22 and thereafter, the annual product registration fee is $130. 23For the years 1991, 1992, and 1993 the annual product24registration 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$50per permit and.all special local need 34 pesticide registration applicants shall pay an annual fee of HB0602 Engrossed -3- LRB9002699PTcw 1 $100$50per 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.)