Illinois General Assembly - Full Text of SB0203
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Full Text of SB0203  103rd General Assembly




SB0203 EnrolledLRB103 25085 CPF 51420 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Pesticide Act is amended by
5changing Section 24.1 as follows:
6    (415 ILCS 60/24.1)  (from Ch. 5, par. 824.1)
7    Sec. 24.1. Administrative actions and penalties.
8    (1) The Director is authorized after an opportunity for an
9administrative hearing to suspend, revoke, or modify any
10license, permit, special order, registration, or certification
11issued under this Act. This action may be taken in addition to
12or in lieu of monetary penalties assessed as set forth in this
13Section. When it is in the interest of the people of the State
14of Illinois, the Director may, upon good and sufficient
15evidence, suspend the registration, license, or permit until a
16hearing has been held. In such cases, the Director shall issue
17an order in writing setting forth the reasons for the
18suspension. Such order shall be served personally on the
19person or by registered or certified mail sent to the person's
20business address as shown in the latest notification to the
21Department. When such an order has been issued by the
22Director, the person may request an immediate hearing.
23    (2) Before initiating hearing proceedings, the Director



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1may issue an advisory letter to a violator of this Act or its
2rules and regulations when the violation points total 6 or
3less, as determined by the Department by the Use and Violation
4Criteria established in this Section. When the Department
5determines that the violation points total more than 6 but not
6more than 13, the Director shall issue a warning letter to the
8    (3) The hearing officer upon determination of a violation
9or violations shall assess one or more of the following
11        (A) For any person applying pesticides without a
12    license or misrepresenting certification or failing to
13    comply with conditions of an agrichemical facility permit
14    or failing to comply with the conditions of a written
15    authorization for land application of agrichemical
16    contaminated soils or groundwater, a penalty of $500 shall
17    be assessed for the first offense and $1,000 for the
18    second and subsequent offenses.
19        (B) For violations of a stop use order imposed by the
20    Director, the penalty shall be $2500.
21        (C) For violations of a stop sale order imposed by the
22    Director, the penalty shall be $1500 for each individual
23    item of the product found in violation of the order.
24        (D) For selling restricted use pesticides to a
25    non-certified applicator the penalty shall be $1000.
26        (E) For selling restricted use pesticides without a



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1    dealer's license the penalty shall be $1,000.
2        (F) For constructing or operating without an
3    agrichemical facility permit after receiving written
4    notification, the penalty shall be $500 for the first
5    offense and $1,000 for the second and subsequent offenses.
6        (F-5) For any person found by the Department to have
7    committed a use inconsistent with the label, as defined in
8    subsection 40 of Section 4, that results in human exposure
9    to a pesticide, the penalty shall be assessed in
10    accordance with this paragraph (F-5). The Department shall
11    impose a penalty under this paragraph (F-5) only if it
12    represents an amount greater than the penalty assessed
13    under subparagraph (G). The amount of the penalty under
14    this paragraph (F-5) is calculated as follows:
15            (a) If fewer than 3 humans are exposed, then the
16        penalty shall be $500 for each human exposed.
17            (b) If 3 or more humans but fewer than 5 humans are
18        exposed, then the penalty shall be $750 for each human
19        exposed.
20            (c) If 5 or more humans are exposed, then the
21        penalty shall be $1,250 for each human exposed.
22        If a penalty is imposed under this paragraph (F-5),
23    the Department shall redetermine the total violation
24    points under subsection (4), less any points under
25    subsection (4) stemming from human exposure, and impose
26    any additional penalty under subparagraph (G) based on the



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1    new total. The reassessed total shall not affect any
2    determination under subsection (2); any determination
3    under subsection (2) shall be determined by the full
4    application of points under subsection (4).
5        (G) For violations of the Act and rules and
6    regulations, administrative penalties will be based upon
7    the total violation points as determined by the Use and
8    Violation Criteria as set forth in paragraph (4) of this
9    Section. The monetary penalties shall be as follows:
10Total Violation PointsMonetary Penalties
1217-19 $1000
1320-21 $2500
1422-25 $5000
1526-29 $7500
1630 and above$10,000
17    (4) Subject to paragraph (F-5), the The following Use and
18Violation Criteria establishes the point value which shall be
19compiled to determine the total violation points and
20administrative actions or monetary penalties to be imposed as
21set forth in paragraph (3)(G) of this Section:
22        (A) Point values shall be assessed upon the harm or
23    loss incurred.
24            (1) A point value of 1 shall be assessed for the
25        following:
26                (a) Exposure to a pesticide by plants, animals



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1            or humans with no symptoms or damage noted.
2                (b) Fraudulent sales practices or
3            representations with no apparent monetary losses
4            involved.
5            (2) A point value of 2 shall be assessed for the
6        following:
7                (a) Exposure to a pesticide which resulted in:
8                    (1) Plants or property showing signs of
9                damage including but not limited to leaf curl,
10                burning, wilting, spotting, discoloration, or
11                dying.
12                    (2) Garden produce or an agricultural crop
13                not being harvested on schedule.
14                    (3) Fraudulent sales practices or
15                representations resulting in losses under
16                $500.
17            (3) A point value of 4 shall be assessed for the
18        following:
19                (a) Exposure to a pesticide resulting in a
20            human experiencing headaches, nausea, eye
21            irritation and such other symptoms which persisted
22            less than 3 days.
23                (b) Plant or property damage resulting in a
24            loss below $1000.
25                (c) Animals exhibiting symptoms of pesticide
26            poisoning including but not limited to eye or skin



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1            irritations or lack of coordination.
2                (d) Death to less than 5 animals.
3                (e) Fraudulent sales practices or
4            representations resulting in losses from $500 to
5            $2000.
6            (4) A point value of 6 shall be assessed for the
7        following:
8                (a) Exposure to a pesticide resulting in a
9            human experiencing headaches, nausea, eye
10            irritation and such other symptoms which persisted
11            3 or more days.
12                (b) Plant or property damage resulting in a
13            loss of $1000 or more.
14                (c) Death to 5 or more animals.
15                (d) Fraudulent sales practices or
16            representations resulting in losses over $2000.
17        (B) Point values shall be assessed based upon the
18    signal word on the label of the chemical involved:
19Point ValueSignal Word
20 1  Caution
21 2  Warning
22 4  Danger/Poison
23        (C) Point values shall be assessed based upon the
24    degree of responsibility.
25Point ValueDegree of Responsibility
262Accidental (such as equipment



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1 malfunction)
4        (D) Point values shall be assessed based upon the
5    violator's history for the previous 3 years:
6Point ValueRecord
72Advisory letter
83Warning letter
12Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty
137Certification, license or
14registration currently
15suspended or revoked
16        (E) Point values shall be assessed based upon the
17    violation type:
18            (1) Application Oriented:
19Point ValueViolation
201Inadequate records
212Lack of supervision
222Faulty equipment
23            Use contrary to label directions:
242a. resulting in exposure to
25applicator or operator
263b. resulting in exposure to



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1other persons or the
33c. precautionary statements,
4sites, rates, restricted use
63Water contamination
73Storage or disposal contrary
8to label directions
93Pesticide drift
104Direct application to a
11 non-target site
126Falsification of records
14Failure to secure a permit or violation of permit or special
15 order
16            (2) Product Oriented:
17Point ValueViolation
186Pesticide not registered
194Product label claims differ
20from approved label
22Product composition (active ingredients differs from
23that of approved label)
244Product not colored as required
254Misbranding as set forth in
26Section 5 of the Act (4



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1points will be assessed for
2each count)
3        (5) Any penalty not paid within 60 days of notice from
4    the Department shall be submitted to the Attorney
5    General's Office for collection. Failure to pay a penalty
6    shall also be grounds for suspension or revocation of
7    permits, licenses and registrations.
8        (6) Private applicators, except those private
9    applicators who have been found by the Department to have
10    committed a "use inconsistent with the label" as defined
11    in subsection 40 of Section 4 of this Act, are exempt from
12    the Use and Violation Criteria point values.
13(Source: P.A. 102-558, eff. 8-20-21.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.