Full Text of HB3800 103rd General Assembly
HB3800 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3800 Introduced 2/17/2023, by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: |
| 415 ILCS 60/4 | from Ch. 5, par. 804 |
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Amends the Illinois Pesticide Act. Provides that the definition of "Restricted Use Pesticide" also includes (i) any pesticide with one or more
of its uses classified as restricted by order of the Director of the Illinois Department of Agriculture or (ii) any pesticide containing Dicamba (3,6-dichloro-2-methoxybenzoic acid) or 2,4-D (2,4-dichlorophenoxyacetic acid). Effective January 1, 2024.
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| | A BILL FOR |
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| 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 4 as follows:
| 6 | | (415 ILCS 60/4) (from Ch. 5, par. 804)
| 7 | | Sec. 4. Definitions. As used in this Act:
| 8 | | 1. "Director" means Director of the Illinois Department of
| 9 | | Agriculture or his authorized representative.
| 10 | | 2. "Active Ingredient" means any ingredient which will | 11 | | prevent,
destroy, repel, control or mitigate a pest or which | 12 | | will act as a plant
regulator, defoliant or desiccant.
| 13 | | 3. "Adulterated" shall apply to any pesticide if the | 14 | | strength or
purity is not within the standard of quality | 15 | | expressed on the labeling
under which it is sold, distributed | 16 | | or used, including any substance
which has been substituted | 17 | | wholly or in part for the pesticide as
specified on the | 18 | | labeling under which it is sold, distributed or used,
or if any | 19 | | valuable constituent of the pesticide has been wholly or in
| 20 | | part abstracted.
| 21 | | 4. "Agricultural Commodity" means produce of the land , | 22 | | including , but
not limited to , plants and plant parts, | 23 | | livestock and poultry and
livestock or poultry products, |
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| 1 | | seeds, sod, shrubs and other products of
agricultural origin | 2 | | including the premises necessary to and used
directly in | 3 | | agricultural production.
Agricultural commodity also includes | 4 | | aquatic products, including any aquatic plants and animals or | 5 | | their by-products that are produced, grown, managed, harvested | 6 | | and marketed on an annual, semi-annual, biennial or short-term | 7 | | basis, in permitted aquaculture facilities.
| 8 | | 5. "Animal" means all vertebrate and invertebrate species | 9 | | including,
but not limited to, man and other mammals, birds | 10 | | bird , fish, and shellfish.
| 11 | | 5.5 . "Barrier mosquitocide" means a pesticide that is | 12 | | formulated to kill adult mosquitoes and that is applied so as | 13 | | to leave a residual mosquitocidal coating on natural or | 14 | | manmade surfaces. "Barrier mosquitocide" does not include a | 15 | | product that is exempt from registration under the Federal | 16 | | Insecticide, Fungicide, and Rodenticide Act, or rules adopted | 17 | | pursuant to that Act. | 18 | | 5.6 . "Barrier mosquitocide treatment" means application of | 19 | | a barrier mosquitocide to a natural or manmade surface. | 20 | | 6. "Beneficial Insects" means those insects which during | 21 | | their life
cycle are effective pollinators of plants, | 22 | | predators of pests or are
otherwise beneficial.
| 23 | | 7. "Certified applicator".
| 24 | | A. "Certified applicator" means any individual who is | 25 | | certified
under this Act to purchase, use, or supervise | 26 | | the use of pesticides
which are classified for restricted |
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| 1 | | use.
| 2 | | B. "Private applicator" means a certified applicator | 3 | | who purchases,
uses, or supervises the use of any | 4 | | pesticide classified for restricted
use, for the purpose | 5 | | of producing any agricultural commodity on property
owned, | 6 | | rented, or otherwise controlled by him or his employer, or
| 7 | | applied to other property if done without compensation | 8 | | other than
trading of personal services between no more | 9 | | than 2 producers of
agricultural commodities.
| 10 | | C. "Licensed Commercial Applicator" means a certified | 11 | | applicator,
whether or not he is a private applicator with | 12 | | respect to some uses, who
owns or manages a business that | 13 | | is engaged in applying pesticides,
whether classified for | 14 | | general or restricted use, for hire. The term
also applies | 15 | | to a certified applicator who uses or supervises the use | 16 | | of
pesticides, whether classified for general or | 17 | | restricted use, for any
purpose or on property of others | 18 | | excluding those specified by
subparagraphs 7 (B), (D), (E) | 19 | | of Section 4 of this Act.
| 20 | | D. "Commercial Not For Hire Applicator" means a | 21 | | certified applicator
who uses or supervises the use of | 22 | | pesticides classified for general or
restricted use for | 23 | | any purpose on property of an employer when such
activity | 24 | | is a requirement of the terms of employment and such
| 25 | | application of pesticides under this certification is | 26 | | limited to
property under the control of the employer only |
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| 1 | | and includes, but is not
limited to, the use or | 2 | | supervision of
the use of pesticides in a greenhouse | 3 | | setting. "Commercial Not For Hire Applicator" also | 4 | | includes a certified applicator who uses or supervises the | 5 | | use of pesticides classified for general or restricted use | 6 | | as an employee of a state agency, municipality, or other | 7 | | duly constituted governmental agency or unit.
| 8 | | 8. "Defoliant" means any substance or combination of | 9 | | substances
which cause leaves or foliage to drop from a plant | 10 | | with or without
causing abscission.
| 11 | | 9. "Desiccant" means any substance or combination of | 12 | | substances
intended for artificially accelerating the drying | 13 | | of plant tissue.
| 14 | | 10. "Device" means any instrument or contrivance, other | 15 | | than a
firearm or equipment for application of pesticides when | 16 | | sold separately
from pesticides, which is intended for | 17 | | trapping, repelling, destroying,
or mitigating any pest, other | 18 | | than bacteria, virus, or other
microorganisms on or living in | 19 | | man or other living animals.
| 20 | | 11. "Distribute" means offer or hold for sale, sell, | 21 | | barter, ship,
deliver for shipment, receive and then deliver, | 22 | | or offer to deliver
pesticides, within the State.
| 23 | | 12. "Environment" includes water, air, land, and all | 24 | | plants and
animals including man, living therein and the | 25 | | interrelationships which
exist among these.
| 26 | | 13. "Equipment" means any type of instruments and |
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| 1 | | contrivances using
motorized, mechanical or pressure power | 2 | | which is used to apply any
pesticide, excluding pressurized | 3 | | hand-size household apparatus
containing dilute ready to apply | 4 | | pesticide or used to apply household
pesticides.
| 5 | | 14. "FIFRA" means the Federal Insecticide, Fungicide, and | 6 | | Rodenticide
Act, as amended.
| 7 | | 15. "Fungi" means any non-chlorophyll bearing | 8 | | thallophytes, any
non-chlorophyll bearing plant of a lower | 9 | | order than mosses or
liverworts, as for example rust, smut, | 10 | | mildew, mold, yeast and bacteria,
except those on or in living | 11 | | animals including man and those on or in
processed foods, | 12 | | beverages or pharmaceuticals.
| 13 | | 16. "Household Substance" means any pesticide customarily | 14 | | produced
and distributed for use by individuals in or about | 15 | | the household.
| 16 | | 17. "Imminent Hazard" means a situation which exists when | 17 | | continued
use of a pesticide would likely result in | 18 | | unreasonable adverse effects effect on
the environment or will | 19 | | involve unreasonable hazard to the survival of a
species | 20 | | declared endangered by the U.S. Secretary of the Interior or | 21 | | to
species declared to be protected by the Illinois Department | 22 | | of Natural
Resources.
| 23 | | 18. "Inert Ingredient" means an ingredient which is not an | 24 | | active
ingredient.
| 25 | | 19. "Ingredient Statement" means a statement of the name | 26 | | and
percentage of each active ingredient together with the |
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| 1 | | total percentage
of inert ingredients in a pesticide and for | 2 | | pesticides containing
arsenic in any form, the ingredient | 3 | | statement shall include percentage
of total and water soluble | 4 | | arsenic, each calculated as elemental
arsenic. In the case of | 5 | | spray adjuvants the ingredient statement need
contain only the | 6 | | names of the functioning agents and the total percent
of those | 7 | | constituents ineffective as spray adjuvants.
| 8 | | 20. "Insect" means any of the numerous small invertebrate | 9 | | animals
generally having the body more or less obviously | 10 | | segmented for the most
part belonging to the class Insects, | 11 | | comprised of six-legged, usually
winged forms, as for example | 12 | | beetles, caterpillars, and flies. This
definition encompasses | 13 | | other allied classes of arthropods whose members
are wingless | 14 | | and usually have more than 6 legs as for example spiders,
| 15 | | mites, ticks, centipedes, and millipedes.
| 16 | | 21. "Label" means the written, printed or graphic matter | 17 | | on or
attached to the pesticide or device or any of its | 18 | | containers or
wrappings.
| 19 | | 22. "Labeling" means the label and all other written, | 20 | | printed or
graphic matter: (a) on the pesticide or device or | 21 | | any of its containers
or wrappings, (b) accompanying the | 22 | | pesticide or device or referring to
it in any other media used | 23 | | to disseminate information to the public,
(c) to which | 24 | | reference is made to the pesticide or device except when
| 25 | | references are made to current official publications of the U. | 26 | | S.
Environmental Protection Agency, Departments of |
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| 1 | | Agriculture, Health,
Education and Welfare or other Federal | 2 | | Government institutions, the
state experiment station or | 3 | | colleges of agriculture or other similar
state institution | 4 | | authorized to conduct research in the field of
pesticides.
| 5 | | 23. "Land" means all land and water area including | 6 | | airspace, and all
plants, animals, structures, buildings, | 7 | | contrivances, and machinery
appurtenant thereto or situated | 8 | | thereon, fixed or mobile, including any
used for | 9 | | transportation.
| 10 | | 24. "Licensed Operator" means a person employed to apply | 11 | | pesticides
to the lands of others under the direction of a | 12 | | "licensed commercial
applicator" or a "licensed commercial
| 13 | | not-for-hire applicator".
| 14 | | 25. "Nematode" means invertebrate animals of the phylum
| 15 | | nemathelminthes and class nematoda, also referred to as nemas | 16 | | or
eelworms, which are unsegmented roundworms with elongated | 17 | | fusiform or
sac-like bodies covered with cuticle and | 18 | | inhabiting soil, water, plants
or plant parts.
| 19 | | 26. "Permit" means a written statement issued by the | 20 | | Director or his
authorized agent, authorizing certain acts of | 21 | | pesticide purchase or of
pesticide use or application on an | 22 | | interim basis prior to normal
certification, registration, or | 23 | | licensing.
| 24 | | 27. "Person" means any individual, partnership, | 25 | | association,
fiduciary, corporation, or any organized group of | 26 | | persons whether
incorporated or not.
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| 1 | | 28. "Pest" means (a) any insect, rodent, nematode, fungus, | 2 | | weed, or
(b) any other form of terrestrial or aquatic plant or | 3 | | animal life or
virus, bacteria, or other microorganism, | 4 | | excluding virus, bacteria, or
other microorganism on or in | 5 | | living animals including man, which the
Director declares to | 6 | | be a pest.
| 7 | | 29. "Pesticide" means any substance or mixture of | 8 | | substances
intended for preventing, destroying, repelling, or | 9 | | mitigating any pest
or any substance or mixture of substances | 10 | | intended for use as a plant
regulator, defoliant or desiccant.
| 11 | | 30. "Pesticide Dealer" means any person who distributes | 12 | | registered
pesticides to the user.
| 13 | | 31. "Plant Regulator" means any substance or mixture of | 14 | | substances
intended through physiological action to affect the | 15 | | rate of growth or
maturation or otherwise alter the behavior | 16 | | of ornamental or crop plants
or the produce thereof. This does | 17 | | not include substances which are not
intended as plant | 18 | | nutrient trace elements, nutritional chemicals, plant
or seed | 19 | | inoculants or soil conditioners or amendments.
| 20 | | 32. "Protect Health and Environment" means to guard | 21 | | against any
unreasonable adverse effects on the environment.
| 22 | | 33. "Registrant" means a person who has registered any | 23 | | pesticide
pursuant to the provision of FIFRA and this Act.
| 24 | | 34. "Restricted Use Pesticide" means any pesticide with | 25 | | one or more
of its uses classified as restricted by order of | 26 | | the Administrator of
USEPA or the Director or any pesticide |
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| 1 | | containing 3,6-dichloro-2-methoxybenzoic acid or | 2 | | 2,4-dichlorophenoxyacetic acid. .
| 3 | | 35. "SLN Registration" means registration of a pesticide | 4 | | for use
under conditions of special local need as defined by
| 5 | | FIFRA.
| 6 | | 36. "State Restricted Pesticide Use" means any pesticide | 7 | | use which
the Director determines, subsequent to public | 8 | | hearing, that an
additional restriction for that use is needed | 9 | | to prevent unreasonable
adverse effects.
| 10 | | 37. "Structural Pest" means any pests which attack and | 11 | | destroy
buildings and other structures or which attack | 12 | | clothing, stored food,
commodities stored at food | 13 | | manufacturing and processing facilities or
manufactured and | 14 | | processed goods.
| 15 | | 38. "Unreasonable Adverse Effects on the Environment" | 16 | | means the
unreasonable risk to the environment, including man, | 17 | | from the use of any
pesticide, when taking into account | 18 | | accrued benefits of as well as the
economic, social, and | 19 | | environmental costs of its use.
| 20 | | 39. "USEPA" means United States Environmental Protection | 21 | | Agency.
| 22 | | 40. "Use inconsistent with the label" means to use a | 23 | | pesticide in
a manner not consistent with the label | 24 | | instruction, the definition
adopted in FIFRA as interpreted by | 25 | | USEPA shall apply in Illinois.
| 26 | | 41. "Weed" means any plant growing in a place where it is |
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| 1 | | not
wanted.
| 2 | | 42. "Wildlife" means all living things, not human, | 3 | | domestic, or
pests.
| 4 | | 43. "Bulk pesticide" means any registered pesticide which | 5 | | is
transported or held in an individual container in undivided | 6 | | quantities of
greater than 55 U.S. gallons liquid measure or | 7 | | 100 pounds net dry weight.
| 8 | | 44. "Bulk repackaging" means the transfer of a registered | 9 | | pesticide from
one bulk container (containing undivided | 10 | | quantities of greater than 100
U.S. gallons liquid measure or | 11 | | 100 pounds net dry weight) to another bulk
container | 12 | | (containing undivided quantities of greater than 100 U.S. | 13 | | gallons
liquid measure or 100 pounds net dry weight) in an | 14 | | unaltered state in
preparation for sale or distribution to | 15 | | another person.
| 16 | | 45. "Business" means any individual, partnership, | 17 | | corporation or
association engaged in a business operation for | 18 | | the purpose of
selling or distributing pesticides or providing | 19 | | the service of application
of pesticides in this State.
| 20 | | 46. "Facility" means any building or structure and all | 21 | | real property
contiguous thereto, including all equipment | 22 | | fixed thereon used for the
operation of the business.
| 23 | | 47. "Chemigation" means the application of a pesticide | 24 | | through the
systems or equipment employed for the primary | 25 | | purpose of irrigation of land and
crops.
| 26 | | 48. "Use" means any activity covered by the pesticide |
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| 1 | | label , including ,
but not limited to , application of | 2 | | pesticide, mixing and loading, storage of
pesticides or | 3 | | pesticide containers, disposal of pesticides and pesticide
| 4 | | containers and reentry into treated sites or areas.
| 5 | | (Source: P.A. 102-555, eff. 1-1-22; 102-916, eff. 1-1-23; | 6 | | revised 2-5-23.)
| 7 | | Section 99. Effective date. This Act takes effect January | 8 | | 1, 2024.
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