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Public Act 094-0758
Public Act 0758 94TH GENERAL ASSEMBLY
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Public Act 094-0758
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| HB4462 Enrolled |
LRB094 16989 RSP 52270 b |
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| AN ACT concerning safety.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Pesticide Act is amended by | changing Section 14 as follows:
| (415 ILCS 60/14) (from Ch. 5, par. 814)
| Sec. 14. Unlawful Acts.
| 1. The following are violations of this Act, if any person:
| A. Made false or fraudulent claims through any media | misrepresenting the
effect of pesticides or methods.
| B. Applied known ineffective or improper pesticides.
| C. Applied pesticides in a faulty, careless, or | negligent manner.
| D. Used or made recommendation for use of a pesticide | inconsistent with
the labeling of the pesticide.
| E. Neglected, or after notice in writing, refused, to | comply with provisions
of this Act, the regulations adopted | hereunder, or of any lawful order of
the Director, | including the limitations specified in a duly issued | permit,
certification, or registration.
| F. Failed to keep and maintain records required by this | Act or failed
to make reports when and as required or made | false or fraudulent records
or reports.
| G. Used or supervised the use of a pesticide without | qualifying
as a certified applicator or licensed operator.
| H. Used fraud or misrepresentation in making | application for, or renewal
of, any license, permit, | certification, or registration or in demonstration
of | competence.
| I. Aided or abetted a person to evade provisions of | this Act, conspired
with any person to evade provisions of | this Act or allowed a license, permit,
certification or |
| registration to be used by another person.
| J. Impersonated any federal, state, county, or city | official.
| K. Purchased pesticides by using another person's | license or using or
purchasing pesticides outside of a | specific category for which that person
is licensed or any | other misrepresentation.
| L. Fails to comply with the rules and regulations | adopted under the
authority of this Act.
| 2. Except as provided in Section 14 (2G), it is unlawful | for any person
to distribute in the State the following:
| A. A pesticide not registered pursuant to provisions of | this Act.
| B. Any pesticide, if any claim made for it, use | recommendation, other
labeling or formulation, differs | from the representations made in connection
with | registration. However, a change in labeling or formulation | may be
made within a registration if the change does not | violate provisions of
FIFRA or this Act.
| C. Any pesticide unless in the registrants unbroken | container.
| D. Any pesticide container to which all label | information required under
provisions of this Act has not | been securely affixed.
| E. Any pesticide which is adulterated or misbranded or | any device which is misbranded.
| F. Any pesticide in a container which, due to damage, | is hazardous to
handle and store.
| G. It shall not be unlawful to distribute pesticides | "in bulk" provided
such distribution does not violate the | provisions of this Act, the Rules
and Regulations under | this Act, or FIFRA.
| 3. It shall be unlawful:
| A. To sell any pesticide labeled for restricted use to | any applicator
not certified, unless such applicator has a | valid permit authorizing purchase
under a special |
| exemption from certification requirements.
| B. To handle, store, display, use or distribute | pesticides in such
manner as to endanger man and his | environment, to endanger food, feed or
other products that | may be stored, displayed or distributed with such | pesticides.
| C. To use, dispose of, discard, or store pesticides or | their containers
in such a manner as to endanger public | health and the environment or to
pollute water supplies.
| D. To use for personal advantage, reveal to persons, | other than the Director
designee or properly designated | official of other jurisdictions, or to a
physician or other | qualified person in cases of emergency for preparation
of | an antidote any information judged as relating to trade | secrets. To use
or reveal a financial information obtained | by authority or marked as privileged
or confidential by a | registrant. | E. To sell any pesticide labelled for restricted use | over an Internet website to an Illinois resident who is not | a certified pesticide applicator as provided under Section | 11 of this Act.
| 4. Exemptions from the violation provisions of this Act are | as follows:
| A. Carriers lawfully engaged in transporting | pesticides within this State,
provided that such carrier | shall upon request permit the Director to copy
all records | showing transactions in the movement of the pesticide or | device.
| B. Public officials of this State or the federal | government while engaged
in the performance of official | duties in administration of pesticide laws
or regulations.
| C. Persons who ship a substance or mixture of | substances being tested
for the purpose of determining its | value for pesticide use, to determine
its toxicity or other | properties and from which such user does not derive
any | benefit in pest control from its use.
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| 5. No pesticide or device shall be deemed in violation of | this Act when
intended solely for export to a foreign country. | If it is not exported
all the provisions of this Act shall | apply.
| (Source: P.A. 87-128.)
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Effective Date: 1/1/2007
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