Environmental Health Committee

Adopted in House Comm. on Jan 25, 2006

 

 


 

 


 
09400HB4462ham001 LRB094 16989 RSP 54746 a

1
AMENDMENT TO HOUSE BILL 4462

2     AMENDMENT NO. ______. Amend House Bill 4462 by replacing
3 everything after the enacting clause with the following:
 
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

 

 

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1     qualifying as a certified applicator or licensed operator.
2         H. Used fraud or misrepresentation in making
3     application for, or renewal of, any license, permit,
4     certification, or registration or in demonstration of
5     competence.
6         I. Aided or abetted a person to evade provisions of
7     this Act, conspired with any person to evade provisions of
8     this Act or allowed a license, permit, certification or
9     registration to be used by another person.
10         J. Impersonated any federal, state, county, or city
11     official.
12         K. Purchased pesticides by using another person's
13     license or using or purchasing pesticides outside of a
14     specific category for which that person is licensed or any
15     other misrepresentation.
16         L. Fails to comply with the rules and regulations
17     adopted under the authority of this Act.
18     2. Except as provided in Section 14 (2G), it is unlawful
19 for any person to distribute in the State the following:
20         A. A pesticide not registered pursuant to provisions of
21     this Act.
22         B. Any pesticide, if any claim made for it, use
23     recommendation, other labeling or formulation, differs
24     from the representations made in connection with
25     registration. However, a change in labeling or formulation
26     may be made within a registration if the change does not
27     violate provisions of FIFRA or this Act.
28         C. Any pesticide unless in the registrants unbroken
29     container.
30         D. Any pesticide container to which all label
31     information required under provisions of this Act has not
32     been securely affixed.
33         E. Any pesticide which is adulterated or misbranded or
34     any device which is misbranded.

 

 

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1         F. Any pesticide in a container which, due to damage,
2     is hazardous to handle and store.
3         G. It shall not be unlawful to distribute pesticides
4     "in bulk" provided such distribution does not violate the
5     provisions of this Act, the Rules and Regulations under
6     this Act, or FIFRA.
7     3. It shall be unlawful:
8         A. To sell any pesticide labeled for restricted use to
9     any applicator not certified, unless such applicator has a
10     valid permit authorizing purchase under a special
11     exemption from certification requirements.
12         B. To handle, store, display, use or distribute
13     pesticides in such manner as to endanger man and his
14     environment, to endanger food, feed or other products that
15     may be stored, displayed or distributed with such
16     pesticides.
17         C. To use, dispose of, discard, or store pesticides or
18     their containers in such a manner as to endanger public
19     health and the environment or to pollute water supplies.
20         D. To use for personal advantage, reveal to persons,
21     other than the Director designee or properly designated
22     official of other jurisdictions, or to a physician or other
23     qualified person in cases of emergency for preparation of
24     an antidote any information judged as relating to trade
25     secrets. To use or reveal a financial information obtained
26     by authority or marked as privileged or confidential by a
27     registrant.
28         E. To sell any pesticide labelled for restricted use
29     over an Internet website to an Illinois resident who is not
30     a certified pesticide applicator as provided under Section
31     11 of this Act.
32     4. Exemptions from the violation provisions of this Act are
33 as follows:
34         A. Carriers lawfully engaged in transporting

 

 

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1     pesticides within this State, provided that such carrier
2     shall upon request permit the Director to copy all records
3     showing transactions in the movement of the pesticide or
4     device.
5         B. Public officials of this State or the federal
6     government while engaged in the performance of official
7     duties in administration of pesticide laws or regulations.
8         C. Persons who ship a substance or mixture of
9     substances being tested for the purpose of determining its
10     value for pesticide use, to determine its toxicity or other
11     properties and from which such user does not derive any
12     benefit in pest control from its use.
13     5. No pesticide or device shall be deemed in violation of
14 this Act when intended solely for export to a foreign country.
15 If it is not exported all the provisions of this Act shall
16 apply.
17 (Source: P.A. 87-128.)".