HB4462 Engrossed LRB094 16989 RSP 52270 b

1     AN ACT concerning safety.
 
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 14 as follows:
 
6     (415 ILCS 60/14)  (from Ch. 5, par. 814)
7     Sec. 14. Unlawful Acts.
8     1. The following are violations of this Act, if any person:
9         A. Made false or fraudulent claims through any media
10     misrepresenting the effect of pesticides or methods.
11         B. Applied known ineffective or improper pesticides.
12         C. Applied pesticides in a faulty, careless, or
13     negligent manner.
14         D. Used or made recommendation for use of a pesticide
15     inconsistent with the labeling of the pesticide.
16         E. Neglected, or after notice in writing, refused, to
17     comply with provisions of this Act, the regulations adopted
18     hereunder, or of any lawful order of the Director,
19     including the limitations specified in a duly issued
20     permit, certification, or registration.
21         F. Failed to keep and maintain records required by this
22     Act or failed to make reports when and as required or made
23     false or fraudulent records or reports.
24         G. Used or supervised the use of a pesticide without
25     qualifying as a certified applicator or licensed operator.
26         H. Used fraud or misrepresentation in making
27     application for, or renewal of, any license, permit,
28     certification, or registration or in demonstration of
29     competence.
30         I. Aided or abetted a person to evade provisions of
31     this Act, conspired with any person to evade provisions of
32     this Act or allowed a license, permit, certification or

 

 

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1     registration to be used by another person.
2         J. Impersonated any federal, state, county, or city
3     official.
4         K. Purchased pesticides by using another person's
5     license or using or purchasing pesticides outside of a
6     specific category for which that person is licensed or any
7     other misrepresentation.
8         L. Fails to comply with the rules and regulations
9     adopted under the authority of this Act.
10     2. Except as provided in Section 14 (2G), it is unlawful
11 for any person to distribute in the State the following:
12         A. A pesticide not registered pursuant to provisions of
13     this Act.
14         B. Any pesticide, if any claim made for it, use
15     recommendation, other labeling or formulation, differs
16     from the representations made in connection with
17     registration. However, a change in labeling or formulation
18     may be made within a registration if the change does not
19     violate provisions of FIFRA or this Act.
20         C. Any pesticide unless in the registrants unbroken
21     container.
22         D. Any pesticide container to which all label
23     information required under provisions of this Act has not
24     been securely affixed.
25         E. Any pesticide which is adulterated or misbranded or
26     any device which is misbranded.
27         F. Any pesticide in a container which, due to damage,
28     is hazardous to handle and store.
29         G. It shall not be unlawful to distribute pesticides
30     "in bulk" provided such distribution does not violate the
31     provisions of this Act, the Rules and Regulations under
32     this Act, or FIFRA.
33     3. It shall be unlawful:
34         A. To sell any pesticide labeled for restricted use to
35     any applicator not certified, unless such applicator has a
36     valid permit authorizing purchase under a special

 

 

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1     exemption from certification requirements.
2         B. To handle, store, display, use or distribute
3     pesticides in such manner as to endanger man and his
4     environment, to endanger food, feed or other products that
5     may be stored, displayed or distributed with such
6     pesticides.
7         C. To use, dispose of, discard, or store pesticides or
8     their containers in such a manner as to endanger public
9     health and the environment or to pollute water supplies.
10         D. To use for personal advantage, reveal to persons,
11     other than the Director designee or properly designated
12     official of other jurisdictions, or to a physician or other
13     qualified person in cases of emergency for preparation of
14     an antidote any information judged as relating to trade
15     secrets. To use or reveal a financial information obtained
16     by authority or marked as privileged or confidential by a
17     registrant.
18         E. To sell any pesticide labelled for restricted use
19     over an Internet website to an Illinois resident who is not
20     a certified pesticide applicator as provided under Section
21     11 of this Act.
22     4. Exemptions from the violation provisions of this Act are
23 as follows:
24         A. Carriers lawfully engaged in transporting
25     pesticides within this State, provided that such carrier
26     shall upon request permit the Director to copy all records
27     showing transactions in the movement of the pesticide or
28     device.
29         B. Public officials of this State or the federal
30     government while engaged in the performance of official
31     duties in administration of pesticide laws or regulations.
32         C. Persons who ship a substance or mixture of
33     substances being tested for the purpose of determining its
34     value for pesticide use, to determine its toxicity or other
35     properties and from which such user does not derive any
36     benefit in pest control from its use.

 

 

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1     5. No pesticide or device shall be deemed in violation of
2 this Act when intended solely for export to a foreign country.
3 If it is not exported all the provisions of this Act shall
4 apply.
5 (Source: P.A. 87-128.)