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| Public Act 100-0115 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pesticide Act is amended by | ||||
changing Sections 6 and 12 as follows:
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(415 ILCS 60/6) (from Ch. 5, par. 806)
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Sec. 6. Registration.
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1. Every pesticide which is distributed, sold,
offered for | ||||
sale within this State, delivered for transportation or
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transported in interstate commerce or between points within the | ||||
State
through any point outside the State, shall be registered | ||||
with the Director
or his designated agent, subject to | ||||
provisions of this Act. Such
registration shall be for a period | ||||
determined under item 1.5 of this Section and shall expire on | ||||
December 31st. Registration is not required if a pesticide is | ||||
shipped from
one plant or warehouse to another plant or | ||||
warehouse by the same person and
is used solely at such plant | ||||
or warehouse as a constituent part to make a
pesticide which is | ||||
registered under provisions of this Act and FIFRA.
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1.5. In order to stagger product registrations, the | ||||
Department shall, for the 2011 registration year, register half | ||||
of the applicants and their products for one year and the other | ||||
half for 2 years. Thereafter, a business registration and | ||||
product registration shall be for 2 years. | ||
2. Registration applicant shall file a statement with the | ||
Director which
shall include:
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A. The name and address of the applicant and the name | ||
and address of the
person whose name will appear on the | ||
label if different from the applicant's.
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B. The name of the pesticide.
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C. A copy of the labeling accompanying the pesticide | ||
under customary conditions
of distribution, sale and use, | ||
including ingredient statement, direction
for use, use | ||
classification, and precautionary or warning statements.
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3. The Director may require the submission of complete | ||
formula data.
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4. The Director may require a full description of tests | ||
made and the results
thereof, upon which the claims are based, | ||
for any pesticide not registered
pursuant to FIFRA, or on any | ||
pesticide under consideration
to be classified for restricted | ||
use.
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A. The Director will not consider data he required of | ||
the initial
registrant of a pesticide in support of another | ||
applicants' registration
unless the subsequent applicant | ||
has obtained written permission to use such data.
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B. In the case of renewal registration, the Director | ||
may accept a
statement only with respect to information | ||
which is different from that
furnished previously.
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5. The Director may prescribe other requirements to support | ||
a pesticide
registration by regulation.
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6. For the years preceding the year 2004, any registrant | ||
desiring to
register a pesticide product at any
time during one | ||
year shall pay the annual registration fee of
$100 per product | ||
registered for that applicant.
For the years 2004 through 2010, | ||
the annual product registration
fee is $200 per product. For | ||
the years 2011 and thereafter, the product registration fee | ||
shall be $600 per product per 2-year registration period $300 | ||
per product per year and shall be paid at the time of | ||
registration.
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In addition, for the years preceding the year 2004 any | ||
business
registering a pesticide product at any time
during one | ||
year shall pay the annual business registration
fee of $250. | ||
For the years 2004 through 2010, the annual business
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registration fee shall be $400. For the years 2011 and | ||
thereafter, the business registration fee shall be $800 per | ||
2-year registration period $400 per year and shall be paid at | ||
the time of registration. Each legal entity of the business
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shall pay
the
business registration fee.
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For the years preceding the year 2004, any applicant | ||
requesting an
experimental use permit shall pay the annual
fee | ||
of $100 per permit and all special local need
pesticide
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registration
applicants shall pay an annual fee of $100 per | ||
product. For the
years 2004 through 2010, the annual
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experimental use permit fee and special local need pesticide | ||
registration fee
is $200 per permit. For the years 2011 and | ||
thereafter, the annual experimental use permit and special | ||
local need pesticide registration fee shall be $300 per | ||
product. Subsequent
SLN
registrations for a pesticide already | ||
registered shall be exempted from the
registration fee.
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A. All registration accepted and approved by the | ||
Director shall expire
on the 31st day of December in any | ||
one year unless cancelled.
Registration for a special local | ||
need may be granted for a specific
period of time with the | ||
approval date and expiration date specified.
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B. If a registration for special local need granted by | ||
the Director does
not receive approval of the Administrator | ||
of USEPA, the registration shall
expire on the date of the | ||
Administrator's disapproval.
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7. Registrations approved and accepted by the Director and | ||
in effect on
the 31st day of December, for which renewal | ||
application is made, shall continue
in full force and effect | ||
until the Director notifies the registrant that
the renewal has | ||
been approved and accepted or the registration is denied
under | ||
this Act. Renewal registration forms will be provided to | ||
applicants
by the Director.
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8. If the renewal of a pesticide registration is not filed | ||
within 30
days of the date of expiration, a penalty late | ||
registration assessment of $100 per product shall apply in | ||
addition to the regular product registration fee
$400 per | ||
product shall apply in lieu of the normal annual product
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registration fee. The late registration assessment shall not
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apply if the applicant furnishes an affidavit certifying that | ||
no
unregulated pesticide was distributed or sold during the | ||
period of
registration. The late assessment is not a bar to | ||
prosecution for doing
business without proper registry.
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9. The Director may prescribe by regulation to allow | ||
pesticide use for
a special local need, pursuant to FIFRA.
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10. The Director may prescribe by regulation the provisions | ||
for and
requirements of registering a pesticide intended for | ||
experimental use.
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11. The Director shall not make any lack of essentiality a | ||
criterion for
denial of registration of any pesticide. Where 2 | ||
pesticides meet the
requirements, one should not be registered | ||
in preference to the other.
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12. It shall be the duty of the pesticide registrant to | ||
properly
dispose of any pesticide the registration of which has | ||
been suspended,
revoked or cancelled or which is otherwise not | ||
properly registered
in the State.
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(Source: P.A. 96-1310, eff. 7-27-10.)
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(415 ILCS 60/12) (from Ch. 5, par. 812)
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Sec. 12. Licensed operator. No pesticide operator shall use | ||
any pesticides
without a pesticide operator license issued by | ||
the Director.
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1. Application for an operator license shall be made in | ||
writing on
designated
forms available from the Director. Each | ||
application shall contain information
regarding the nature of | ||
applicants pesticide use, his qualifications, and
such other | ||
facts as prescribed on the form. The application shall also
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include the following:
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A. The full name of applicant.
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B. The address of the applicant.
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C. The name of and license/certification number of the | ||
pesticide
applicator
under whom the applicant will work.
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2. The Director shall not issue a pesticide operator | ||
license until the
individual identified has demonstrated his | ||
competence and knowledge regarding
pesticide use in accordance | ||
with Section 9 of this Act.
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3. The Director shall not issue an operator license to any | ||
person who
is unable to provide the name and | ||
license/certification number of an applicator
under whom the | ||
operator will work.
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4. For the years preceding the year 2001, a licensed | ||
commercial operator working
for or under the supervision of a | ||
certified
licensed commercial pesticide applicator shall pay | ||
an annual fee of $25.
For the years 2001, 2002, and 2003, the | ||
annual fee for a commercial operator
license is $30. For the | ||
years 2004, 2005, and 2006, the annual fee for a
commercial | ||
operator license is $35. For the years 2007 through 2017, the
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annual fee for a commercial operator license is $40. For the | ||
years 2018 and thereafter, the fee for a multi-year commercial | ||
operator applicator license is $120.
The late application fee | ||
for an operator license shall be $20 in
addition to the normal | ||
license fee. A licensed operator shall be assessed a
fee of $10 | ||
for a duplicate license.
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5. For the years 2011 through 2017, the commercial | ||
not-for-hire pesticide operator license fee shall be $15. For | ||
the years 2018 and thereafter, the fee for a multi-year | ||
commercial not-for-hire pesticide operator applicator license | ||
is $45. The late application fee for a public or commercial | ||
not-for-hire operator applicator license shall be $20 in | ||
addition to the normal license fee fees. A commercial | ||
not-for-hire operator shall be assessed a fee of $10 for a | ||
duplicate license. | ||
(Source: P.A. 99-540, eff. 1-1-17.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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