HB5195 EngrossedLRB102 23557 NLB 32739 b

1    AN ACT concerning animals.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Bees and Apiaries Act is amended by
5changing Section 1a and by adding Section 2d as follows:
 
6    (510 ILCS 20/1a)  (from Ch. 8, par. 123a)
7    Sec. 1a. Definitions. As used in this Act, unless the
8context otherwise requires:
9    "Abate" means the destruction or disinfection of bees,
10colonies, or items of bee equipment by burning or by treatment
11specified by the Department.
12    "Apiary" means a place where one or more hives or colonies
13of bees are kept.
14    "Bee diseases" means any infectious or contagious diseases
15of bees as specified by the Department, including but not
16limited to American foulbrood.
17    "Bee equipment" means hives, supers, frames, or any other
18devices used in beekeeping.
19    "Bee parasites" means any parasite of bees as specified by
20the Department.
21    "Beekeeper" means a person who keeps bees.
22    "Beekeeping" means the raising or producing of bees,
23beeswax, honey, and by-products and the transporting of bees,

 

 

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1colonies or items of bee equipment.
2    "Bees" means the common honey bee, Apis mellifera (L) in
3any stage of its life cycle.
4    "Certified applicator" has the meaning provided in the
5Illinois Pesticide Act.
6    "Colony" means the entire honey bee family or social unit
7living together.
8    "Compliance agreement" means a written agreement between a
9registrant or other person handling or moving bees, colonies
10or items of bee equipment and the Department, in which the
11former agrees to specified conditions or requirements so as to
12remain in compliance with the terms of this Act.
13    "Department" means the Illinois Department of Agriculture.
14    "Director" means the Director of the Illinois Department
15of Agriculture or his or her authorized agent.
16    "Exotic strain of bees" means any developed strain of bees
17not known to be present ordinarily in the State as specified by
18the Department.
19    "Hive" means a frame hive, box hive, box, barrel, log gum,
20skep or any other receptacle or container, natural or
21artificial, or any part thereof, which is used or employed as a
22domicile for bees.
23    "Inspection certificate" means an official record stating
24that the bees, colonies, or items of bee equipment have been
25inspected by an inspector of apiaries or other officer charged
26with similar duties from this State or other states for bee

 

 

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1diseases, bee parasites or other nuisances and found to be in
2compliance with this Act or Illinois entry requirements.
3    "Label" means the written, printed, or graphic matter on
4or attached to the pesticide or device or any of its containers
5or wrappings.
6    "Nuisance" means bees, colonies, or items of bee equipment
7where bee diseases, bee parasites or exotic strains of bees
8exist; or hives that cannot be readily inspected; or colonies
9that are not registered.
10    "Packages" means bees with or without food supply in
11special containers for their transportation.
12    "Permit" means a statement of authorization to allow bees,
13colonies, or items of bee equipment to enter the State or to
14move within the State whether or not an inspection certificate
15is available.
16    "Person" means any individual, firm, partnership,
17association, corporation, or other organized group of persons
18whether incorporated or not.
19    "Registered apiary" means a person keeping one or more
20colonies of bees that is registered with the Department
21annually and is registered on the specialty crop registry.
22    "Registrant" means the person applying for registration of
23the apiary or apiaries and the colonies of bees.
24    "Registration" means the recording of the registrant's
25name, address, apiary location and any other pertinent
26information on a printed form prescribed by the Department.

 

 

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1    "Specialty crop registry" means the electronic, mapping
2communication tool designated by the Department and used for
3the purpose of preventing and managing pesticide drift
4effects.
5(Source: P.A. 88-138.)
 
6    (510 ILCS 20/2d new)
7    Sec. 2d. Pollinator protection and certified applicators.
8    (a) Between the hours of 8:00 a.m. and 6:00 p.m., a
9certified applicator shall not apply to blooming crops a
10pesticide with a label indicating that it is toxic to bees if
11the site of application is located within one-half mile of a
12registered apiary.
13    (b) At least 24 hours prior to applying a pesticide with a
14label indicating that it is toxic to bees, a certified
15applicator shall notify in writing each registered apiary
16located within one-half mile of the site of application of the
17intended date and time of application. Upon request, the
18certified applicator shall provide a copy of the label of the
19product being applied.
20    (c) A certified applicator shall maintain an active list
21of apiaries that are registered on the specialty crop registry
22on the first day of each month.
23    (d) Any violation of this Section shall be considered a
24use contrary to label directions (precautionary statements,
25sites, rates, restricted use requirements) and shall be

 

 

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1assessed the associated point value of 3 (under item (4)(E)(1)
2of Section 24.1 of the Illinois Pesticide Act) for purpose of
3determining the appropriate administrative action or penalty
4authorized by Section 24.1 of the Illinois Pesticide Act.