093_HB0548eng HB0548 Engrossed LRB093 05512 AMC 05603 b 1 AN ACT concerning pest control. 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 Section 24 as follows: 6 (415 ILCS 60/24) (from Ch. 5, par. 824) 7 Sec. 24. Criminal Penalties. 8 (a)1.Except as otherwise provided in this Section, any 9 person violating any provisions of this Act or regulations 10 adopted thereunder isshall beguilty of a Class A 11 misdemeanor with a fine of not less than $5,000. 12 (b) A retailer convicted of distributing or selling a 13 pesticide that has never been registered with or for which 14 the registration has been cancelled or suspended by the 15 United States Environmental Protection Agency shall be guilty 16 of a Class A misdemeanor with a fine of not less than $5,000. 17 A retailer convicted of a second or subsequent violation of 18 distributing or selling a pesticide that has never been 19 registered with or for which the registration has been 20 cancelled or suspended by the United States Environmental 21 Protection Agency shall be guilty of a Class 4 felony. For 22 the purposes of this Section, "retailer" means a person who 23 transfers ownership of or title to pesticides to a purchaser 24 for use and who is not certified under the Structural Pest 25 Control Act. 26 (c) A wholesaler who distributes or sells a pesticide 27 that has never been registered with or for which the 28 registration has been cancelled or suspended by the United 29 States Environmental Protection Agency shall be guilty of a 30 Class 4 felony for a first offense and shall be guilty of a 31 Class 3 felony for a second or subsequent offense. For the HB0548 Engrossed -2- LRB093 05512 AMC 05603 b 1 purposes of this Section, "wholesaler" means a person who 2 sells or distributes pesticides to a retailer. 3 (Source: P.A. 85-177.) 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.