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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
90_HB0602enr
505 ILCS 80/14 from Ch. 5, par. 55.14
Amends the Illinois Fertilizer Act of 1961 concerning
rules. Makes a technical change.
LRB9002699PTcw
HB0602 Enrolled LRB9002699PTcw
1 AN ACT concerning pesticides.
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 Sections 6, 9, 10, 11, 11.1, 12, and 13 as follows:
6 (415 ILCS 60/6) (from Ch. 5, par. 806)
7 Sec. 6. Registration.
8 1. Every pesticide which is distributed, sold, offered
9 for sale within this State, delivered for transportation or
10 transported in interstate commerce or between points within
11 the State through any point outside the State, shall be
12 registered with the Director or his designated agent, subject
13 to provisions of this Act. Such registration shall be
14 renewed annually with registrations expiring December 31 each
15 year. Registration is not required if a pesticide is shipped
16 from one plant or warehouse to another plant or warehouse by
17 the same person and is used solely at such plant or warehouse
18 as a constituent part to make a pesticide which is registered
19 under provisions of this Act and FIFRA.
20 2. Registration applicant shall file a statement with
21 the Director which shall include:
22 A. The name and address of the applicant and the
23 name and address of the person whose name will appear on
24 the label if different from the applicant's.
25 B. The name of the pesticide.
26 C. A copy of the labeling accompanying the
27 pesticide under customary conditions of distribution,
28 sale and use, including ingredient statement, direction
29 for use, use classification, and precautionary or warning
30 statements.
31 3. The Director may require the submission of complete
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1 formula data.
2 4. The Director may require a full description of tests
3 made and the results thereof, upon which the claims are
4 based, for any pesticide not registered pursuant to FIFRA, or
5 on any pesticide under consideration to be classified for
6 restricted use.
7 A. The Director will not consider data he required
8 of the initial registrant of a pesticide in support of
9 another applicants' registration unless the subsequent
10 applicant has obtained written permission to use such
11 data.
12 B. In the case of renewal registration, the
13 Director may accept a statement only with respect to
14 information which is different from that furnished
15 previously.
16 5. The Director may prescribe other requirements to
17 support a pesticide registration by regulation.
18 6. For the years preceding the year 2004, any registrant
19 desiring to register a pesticide product at any time during
20 one year shall pay the annual registration fee of $100 $50
21 per product registered for that applicant. For the years 2004
22 and thereafter, the annual product registration fee is $130.
23 For the years 1991, 1992, and 1993 the annual product
24 registration fee is $100.
25 In addition, for the years preceding the year 2004 any
26 business registering a pesticide product at any time during
27 one year shall pay the annual business registration fee of
28 $250. For the years 2004 and thereafter, the annual business
29 registration fee shall be $300. Each legal entity of the
30 business shall pay the annual business registration fee.
31 For the years preceding the year 2004, any applicant
32 requesting an experimental use permit shall pay the annual
33 fee of $100 $50 per permit and. all special local need
34 pesticide registration applicants shall pay an annual fee of
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1 $100 $50 per product. For the years 2004 and thereafter, the
2 annual experimental use permit fee and special local need
3 pesticide registration fee is $130. Subsequent SLN
4 registrations for a pesticide already registered shall be
5 exempted from the registration fee.
6 A. All registration accepted and approved by the
7 Director shall expire on the 31st day of December in any
8 one year unless cancelled. Registration for a special
9 local need may be granted for a specific period of time
10 with the approval date and expiration date specified.
11 B. If a registration for special local need granted
12 by the Director does not receive approval of the
13 Administrator of USEPA, the registration shall expire on
14 the date of the Administrator's disapproval.
15 7. Registrations approved and accepted by the Director
16 and in effect on the 31st day of December, for which renewal
17 application is made, shall continue in full force and effect
18 until the Director notifies the registrant that the renewal
19 has been approved and accepted or the registration is denied
20 under this Act. Renewal registration forms will be provided
21 to applicants by the Director.
22 8. If the renewal of a pesticide registration is not
23 filed within 30 days of the date of expiration, a penalty
24 late registration assessment of $200 per product shall apply
25 in lieu of the normal annual product registration fee. The
26 late registration assessment shall not apply if the
27 applicant furnishes an affidavit certifying that no
28 unregulated pesticide was distributed or sold during the
29 period of registration. The late assessment is not a bar to
30 prosecution for doing business without proper registry.
31 9. The Director may prescribe by regulation to allow
32 pesticide use for a special local need, pursuant to FIFRA.
33 10. The Director may prescribe by regulation the
34 provisions for and requirements of registering a pesticide
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1 intended for experimental use.
2 11. The Director shall not make any lack of essentiality
3 a criterion for denial of registration of any pesticide.
4 Where 2 pesticides meet the requirements, one should not be
5 registered in preference to the other.
6 12. It shall be the duty of the pesticide registrant to
7 properly dispose of any pesticide the registration of which
8 has been suspended, revoked or cancelled or which is
9 otherwise not properly registered in the State.
10 (Source: P.A. 86-232; 86-1172; 87-128; 87-1108.)
11 (415 ILCS 60/9) (from Ch. 5, par. 809)
12 Sec. 9. Licenses and Pesticide Dealer Registrations
13 Requirements; Certification. Licenses and pesticide dealer
14 registrations issued pursuant to this Act shall be valid for
15 one year, except that private applicator licenses shall be
16 valid for 3 years. All licenses and pesticide dealer
17 registrations shall expire on December 31 of the year in
18 which it is to expire. A license or pesticide dealer
19 registration in effect on the 31st of December, for which
20 renewal has been made within 60 days following the date of
21 expiration, shall continue in full force and effect until the
22 Director notifies the applicant that renewal has been
23 approved and accepted or is to be denied in accordance with
24 this Act. The Director shall not issue a license or
25 pesticide dealer registration to a first time applicant or to
26 a person who has not made application for renewal on or
27 before March 1 following the expiration date of the license
28 or pesticide dealer registration until such applicant or
29 person has been certified by the Director as having
30 successfully demonstrated competence and knowledge regarding
31 pesticide use. The Director shall issue a license or
32 pesticide dealer registration to a person that made
33 application after March 1 and before April 15 if that
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1 application is accompanied by a late application fee. A
2 licensee or pesticide dealer shall be required to be
3 recertified for competence and knowledge regarding pesticide
4 use at least once every 3 years and at such other times as
5 deemed necessary by the Director to assure a continued level
6 of competence and ability. The Director shall by regulation
7 specify the standard of qualification for certification and
8 the manner of establishing an applicant's competence and
9 knowledge. An applicant who has been certified shall be
10 required to apply for a license or pesticide dealer
11 registration within 90 days after the date of such
12 certification. Failure to apply for a license or pesticide
13 dealer registration within such 90 day period shall void the
14 certification.
15 The Director may refuse to issue a license or pesticide
16 dealer registration based upon the violation history of the
17 applicant.
18 (Source: P.A. 89-94, eff. 7-6-95.)
19 (415 ILCS 60/10) (from Ch. 5, par. 810)
20 Sec. 10. Commercial Applicator License. No commercial
21 applicator shall use or supervise the use of any pesticide
22 without a commercial license issued by the Director. For the
23 years preceding the year 2001, the Director shall require an
24 annual fee for commercial applicator license of $35 $30. For
25 the years 2001, 2002, 2003, 2004, 2005, and 2006, the annual
26 fee for a commercial applicator license is $45. For the
27 years 2007 and thereafter, the annual fee for a commercial
28 applicator license is $60. The late application fee for a
29 commercial applicator license shall be $20 in addition to the
30 normal license fee. A commercial applicator shall be assessed
31 a fee of $5 for a duplicate license.
32 1. Application for the commercial applicator license
33 shall be made in writing on designated forms available from
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1 the Director. Each application shall contain information
2 regarding the applicants qualifications, nature of the
3 proposed operation, classification of license being sought,
4 and shall include the following:
5 A. The full name of the applicant.
6 B. The address of the applicant.
7 C. Any necessary information prescribed by the
8 Director on the designated application form.
9 2. An applicant for a license shall demonstrate
10 competence and knowledge regarding pesticide use in
11 accordance with Section 9 of this Act.
12 3. A licensed commercial applicator must provide to the
13 Director at the time of original licensing and license
14 renewal evidence of financial responsibility protecting
15 persons who may suffer personal injury or property damage or
16 both as a result of the pesticide operation of the applicant
17 in either of the following manners:
18 A. Evidence of responsibility may be provided in
19 the form of a surety bond for each licensed commercial
20 applicator naming the licensed commercial applicator as
21 principal of the bond. The amount of the bond shall be
22 not less than $50,000 per year. It is permissible to
23 provide two bonds; one for $25,000 for bodily injury
24 liability and the second for $25,000 for property damage
25 liability. The bond or bonds shall be made payable to
26 the Director of Agriculture, State of Illinois, for the
27 benefit of the injured party and shall be conditioned
28 upon compliance with the provisions of this Act by the
29 principal, his or her officers, representatives and
30 employees; or
31 B. Evidence of responsibility may be provided in
32 the form of a certificate of liability insurance
33 providing coverage for each licensed commercial
34 applicator or licensed entity in the amount of not less
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1 than $50,000 per person, $100,000 per occurrence bodily
2 injury liability coverage, with an annual aggregate of
3 not less than $500,000, and $50,000 per occurrence
4 property damage liability, with an annual aggregate of
5 not less than $50,000; or, in lieu thereof, a combined
6 single limit of not less than $100,000 bodily injury and
7 property damage liability combined, with an annual
8 aggregate of not less than $500,000.
9 4. Every insurance policy or bond shall contain a
10 provision that it will not be cancelled or reduced by the
11 principal or insurance company, except upon 30 days prior
12 notice in writing to the Director of the Department at the
13 Springfield, Illinois office and the principal insured. A
14 reduction or cancellation of policy shall not affect the
15 liability accrued or which may accrue under such policy
16 before the expiration of the 30 days. The notice shall
17 contain the termination date. Upon said reduction or
18 cancellation, the Director shall immediately notify the
19 licensee that his or her license will be suspended and the
20 effective date until the minimum bond or liability insurance
21 requirements are met by the licensee for the current license
22 period.
23 5. Nothing in this Act shall be construed to relieve any
24 person from liability for any damage to persons or property
25 caused by use of pesticides even though such use conforms to
26 label instructions and pertinent rules and regulations of
27 this State.
28 6. The Director may renew any applicant's license in the
29 classifications for which such applicant is licensed, subject
30 to requalification requirements imposed by the Director.
31 Requalification standards shall be prescribed by regulations
32 adopted pursuant to this Act and are required to ensure that
33 the licensed commercial applicator meets the requirements of
34 changing technology and to assure a continued level of
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1 competence and ability.
2 7. The Director may limit the license of an applicant to
3 allow only the use of certain pesticides in a delimited
4 geographic area, or to the use of certain application
5 techniques or equipment. If a license is not issued as
6 applied for, the Director shall inform the applicant in
7 writing of the reasons and extend an opportunity for the
8 applicant to complete the requirements for the license
9 desired.
10 8. For the purpose of uniformity, the Director may enter
11 into agreements for accepting standards of qualification of
12 other states as a basis for licensing commercial applicators.
13 (Source: P.A. 89-94, eff. 7-6-95.)
14 (415 ILCS 60/11) (from Ch. 5, par. 811)
15 Sec. 11. Certified Pesticide Applicators. No person
16 shall use or supervise the use of pesticides classified for
17 restricted use without a license issued by the Director.
18 Persons licensed or desiring to be licensed as certified
19 pesticide applicators shall comply with the certification
20 requirements as set forth in Section 9 of this Act in order
21 to protect public health and the environment, including
22 injury to the applicator or other persons using these
23 pesticides.
24 An applicant for certification as a private pesticide
25 applicator shall meet qualification requirements prescribed
26 by regulation. The application for certification shall be
27 made in writing to the Director, on forms available from the
28 Director or the local county agricultural extension adviser's
29 office and be accompanied by payment of a $10 license fee in
30 the years preceding the year 2001. During the years 2001,
31 2002, 2003, 2004, 2005, and 2006, the private pesticide
32 applicator license fee shall be $15. During the years 2007
33 and thereafter, the private pesticide applicator license fee
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1 shall be $20. A private pesticide applicator shall be
2 assessed a fee of $5 for a duplicate license. Such
3 application shall include:
4 A. The full name of the applicant.
5 B. The mailing address of the applicant.
6 C. The documents required as evidence of competence and
7 knowledge regarding the use of pesticides.
8 Certification, as a private pesticide applicator, issued
9 by the Director shall be valid for a period prescribed by
10 regulation. The Director shall develop regulatory standards
11 to ensure that certified private pesticide applicators
12 continue to meet the requirements of a changing technology
13 and assure a continued level of competence and ability.
14 (Source: P.A. 85-177.)
15 (415 ILCS 60/11.1) (from Ch. 5, par. 811.1)
16 Sec. 11.1. Public and Commercial Not-for-Hire License.
17 No public or commercial not-for-hire applicator shall use or
18 supervise the use of any pesticide without a license issued
19 by the Director. The late application fee for a public or
20 commercial not-for-hire applicator shall be $20. A public or
21 commercial not-for-hire applicator shall be assessed a fee of
22 $5 for a duplicate license.
23 1. Application for certification as a commercial
24 not-for-hire pesticide applicator shall be made in writing on
25 designated forms available from the Director. Each
26 application shall contain information regarding the
27 qualifications of the applicant, classification of
28 certification being sought, and shall include the following:
29 A. The full name of the applicant.
30 B. The name of the applicant's employer.
31 C. The address at the applicant's place of employment.
32 D. Any other information prescribed by the Director on
33 the designated form.
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1 2. The Director shall not issue a certification to a
2 commercial not-for-hire pesticide applicator until the
3 individual identified has demonstrated his competence and
4 knowledge regarding pesticide use in accordance with Section
5 9 of this Act.
6 3. The Director shall not renew a certification as a
7 commercial not-for-hire pesticide applicator until the
8 applicant reestablishes his qualifications in accordance with
9 Section 9 of this Act or has met other requirements imposed
10 by regulation in order to ensure that the applicant meets the
11 requirements of changing technology and to assure a continued
12 level of competence and ability.
13 4. Application for certification as a public pesticide
14 applicator shall be made in writing on designated forms
15 available from the Director. Each application shall contain
16 information regarding qualifications of applicant,
17 classification of certification being sought, and shall
18 include the following:
19 A. The full name of the applicant.
20 B. The name of the applicant's employer.
21 C. Any other information prescribed by the Director on
22 the designated form.
23 5. The Director shall not issue a certificate to a
24 public pesticide applicator until the individual identified
25 has demonstrated his competence and knowledge regarding
26 pesticide use in accordance with Section 9 of this Act.
27 6. The Director shall not renew a certification as a
28 public pesticide applicator until the applicant reestablishes
29 his qualifications in accordance with Section 9 of this Act
30 or has met other requirements imposed by regulation in order
31 to ensure that the applicant meets the requirements of
32 changing technology and to assure a continued level of
33 competence and ability.
34 7. Persons applying general use pesticides, approved by
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1 the Inter-Agency Committee on the Use of Pesticides, to scrap
2 tires for the control of mosquitoes shall be exempt from the
3 license requirements of this Section.
4 (Source: P.A. 85-1327.)
5 (415 ILCS 60/12) (from Ch. 5, par. 812)
6 Sec. 12. Licensed Operator. No pesticide operator shall
7 use any pesticides without a pesticide operator license
8 issued by the Director.
9 1. Application for an operator license shall be made in
10 writing on designated forms available from the Director.
11 Each application shall contain information regarding the
12 nature of applicants pesticide use, his qualifications, and
13 such other facts as prescribed on the form. The application
14 shall also include the following:
15 A. The full name of applicant.
16 B. The address of the applicant.
17 C. The name of and license/certification number of
18 the pesticide applicator under whom the applicant will
19 work.
20 2. The Director shall not issue a pesticide operator
21 license until the individual identified has demonstrated his
22 competence and knowledge regarding pesticide use in
23 accordance with Section 9 of this Act.
24 3. The Director shall not issue an operator license to
25 any person who is unable to provide the name and
26 license/certification number of an applicator under whom the
27 operator will work.
28 4. For the years preceding the year 2001, a licensed
29 operator working for or under the supervision of a certified
30 licensed commercial pesticide applicator shall pay an annual
31 fee of $25 $20. For the years 2001, 2002, and 2003, the
32 annual fee for a commercial operator license is $30. For the
33 years 2004, 2005, and 2006, the annual fee for a commercial
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1 operator license is $35. For the years 2007 and thereafter,
2 the annual fee for a commercial operator license is $40. The
3 late application fee for an operator license shall be $20 in
4 addition to the normal license fee. A licensed operator shall
5 be assessed a fee of $5 for a duplicate license.
6 (Source: P.A. 89-94, eff. 7-6-95.)
7 (415 ILCS 60/13) (from Ch. 5, par. 813)
8 Sec. 13. Pesticide dealers. Any pesticide dealer who
9 sells Restricted Use pesticides shall be registered with the
10 Department on forms provided by the Director. Registration
11 shall consist of passing a required examination and payment
12 of a $100 registration fee. The late application fee for a
13 pesticide dealer registration shall be $20 in addition to the
14 normal pesticide dealer registration fee. A pesticide dealer
15 shall be assessed a fee of $5 for a duplicate registration.
16 Dealers who hold a Structural Pest Control license with
17 the Illinois Department of Public Health or a Commercial
18 Applicator's license with the Illinois Department of
19 Agriculture are exempt from the registration fee but must
20 register with the Department.
21 Each place of business which sells restricted use
22 pesticides shall be considered a separate entity for the
23 purpose of registration.
24 Registration as a pesticide dealer shall expire on
25 December 31 of each year. Pesticide dealers shall be
26 certified in accordance with Section 9 of this Act.
27 The Director may prescribe, by rule, requirements for the
28 registration and testing of any pesticide dealer selling
29 other than restricted use pesticides and such rules shall
30 include the establishment of a registration fee in an amount
31 not to exceed the pesticide dealer registration fee.
32 The Department may refuse to issue or may suspend the
33 registration of any person who fails to file a return, or to
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1 pay the tax, penalty, or interest shown in a filed return, or
2 to pay any final assessment of tax, penalty, or interest, as
3 required by any tax Act administered by the Illinois
4 Department of Revenue, until such time as the requirements of
5 any such tax Act are satisfied.
6 (Source: P.A. 85-177; 86-1172; 87-1108; 89-657, eff. 8-14-96;
7 revised 10-24-96.)