Full Text of HB5195 102nd General Assembly
HB5195eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning animals.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Bees and Apiaries Act is amended by | 5 | | changing 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 | 8 | | context otherwise
requires:
| 9 | | "Abate" means the destruction or disinfection of bees, | 10 | | colonies, or items
of bee equipment by burning or by treatment | 11 | | specified by the Department.
| 12 | | "Apiary" means a place where one or more hives or
colonies
| 13 | | of bees are kept.
| 14 | | "Bee diseases" means any infectious or contagious diseases | 15 | | of bees
as
specified by the Department, including but not | 16 | | limited to American
foulbrood.
| 17 | | "Bee equipment" means hives, supers, frames, or
any other | 18 | | devices used in beekeeping.
| 19 | | "Bee parasites" means any parasite of bees as specified by | 20 | | the
Department.
| 21 | | "Beekeeper" means a person who keeps bees.
| 22 | | "Beekeeping" means the raising or producing of bees,
| 23 | | beeswax, honey, and by-products and the transporting of bees,
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| 1 | | colonies or items of bee equipment.
| 2 | | "Bees" means the common honey bee, Apis mellifera (L) in
| 3 | | any stage of its life cycle.
| 4 | | "Certified applicator" has the meaning provided in the | 5 | | Illinois Pesticide Act. | 6 | | "Colony" means the entire honey bee family or social unit | 7 | | living
together.
| 8 | | "Compliance agreement" means a written agreement between a | 9 | | registrant or
other person handling or moving bees, colonies | 10 | | or items of
bee equipment and the Department, in which the | 11 | | former agrees to
specified conditions or
requirements so as to | 12 | | remain 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 | 15 | | of Agriculture or his or her authorized agent.
| 16 | | "Exotic strain of bees" means any developed strain of bees | 17 | | not known to be
present ordinarily in the State as specified by | 18 | | the Department.
| 19 | | "Hive" means a frame hive, box hive, box, barrel, log gum, | 20 | | skep or any
other receptacle or container, natural or | 21 | | artificial, or any part thereof,
which is used or employed as a | 22 | | domicile for bees.
| 23 | | "Inspection certificate" means an official record stating | 24 | | that the bees, colonies, or
items of bee equipment have been
| 25 | | inspected by an inspector of apiaries or other officer charged | 26 | | with similar
duties
from this State or other states for bee |
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| 1 | | diseases, bee parasites or other
nuisances and found to be in | 2 | | compliance with this Act or
Illinois entry requirements.
| 3 | | "Label" means the written, printed, or graphic matter on | 4 | | or attached to the pesticide or device or any of its containers | 5 | | or wrappings. | 6 | | "Nuisance" means bees, colonies, or items of bee equipment | 7 | | where bee diseases, bee parasites or
exotic strains of bees
| 8 | | exist; or hives that cannot be readily inspected; or colonies | 9 | | that are not
registered.
| 10 | | "Packages" means bees with or without food supply in | 11 | | special containers for
their transportation.
| 12 | | "Permit" means a statement of authorization to allow bees, | 13 | | colonies, or
items of bee equipment to enter the State or to | 14 | | move within the State
whether
or not an inspection certificate | 15 | | is available.
| 16 | | "Person" means any individual, firm, partnership, | 17 | | association,
corporation, or other organized group of persons | 18 | | whether incorporated or
not.
| 19 | | "Registered apiary" means a person keeping one or more | 20 | | colonies of bees that is registered with the Department | 21 | | annually and is registered on the specialty crop registry. | 22 | | "Registrant" means the person applying for registration of | 23 | | the apiary or apiaries
and the colonies of bees.
| 24 | | "Registration" means the recording of the registrant's | 25 | | name, address,
apiary location and any other pertinent | 26 | | information on a printed form
prescribed by the Department.
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| 1 | | "Specialty crop registry" means the electronic, mapping | 2 | | communication tool designated by the Department and used for | 3 | | the purpose of preventing and managing pesticide drift | 4 | | effects. | 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 | 9 | | certified applicator shall not apply to blooming crops a | 10 | | pesticide with a label indicating that it is toxic to bees if | 11 | | the site of application is located within one-half mile of a | 12 | | registered apiary. | 13 | | (b) At least 24 hours prior to applying a pesticide with a | 14 | | label indicating that it is toxic to bees, a certified | 15 | | applicator shall notify in writing each registered apiary | 16 | | located within one-half mile of the site of application of the | 17 | | intended date and time of application. Upon request, the | 18 | | certified applicator shall provide a copy of the label of the | 19 | | product being applied. | 20 | | (c) A certified applicator shall maintain an active list | 21 | | of apiaries that are registered on the specialty crop registry | 22 | | on the first day of each month. | 23 | | (d) Any violation of this Section shall be considered a | 24 | | use contrary to label directions (precautionary statements, | 25 | | sites, rates, restricted use requirements) and shall be |
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| 1 | | assessed the associated point value of 3 (under item (4)(E)(1) | 2 | | of Section 24.1 of the Illinois Pesticide Act) for purpose of | 3 | | determining the appropriate administrative action or penalty | 4 | | authorized by Section 24.1 of the Illinois Pesticide Act.
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