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Sen. David Koehler
Filed: 5/6/2025
 
 
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| 1 |  | AMENDMENT TO SENATE BILL 783 | 
| 2 |  |     AMENDMENT NO. ______. Amend Senate Bill 783 by replacing  | 
| 3 |  | everything after the enacting clause with the following: | 
| 4 |  |     "Section 5. The Illinois Pesticide Act is amended by  | 
| 5 |  | changing Sections 4, 6, 10, 11, 11.1, 12, and 13 and by adding  | 
| 6 |  | Section 11.5 as follows: | 
| 7 |  |     (415 ILCS 60/4)    (from Ch. 5, par. 804) | 
| 8 |  |     Sec. 4. Definitions. As used in this Act: | 
| 9 |  |     1. "Director" means Director of the Illinois Department of  | 
| 10 |  | Agriculture or his authorized representative. | 
| 11 |  |     2. "Active Ingredient" means any ingredient which will  | 
| 12 |  | prevent, destroy, repel, control or mitigate a pest or which  | 
| 13 |  | will act as a plant regulator, defoliant or desiccant. | 
| 14 |  |     3. "Adulterated" shall apply to any pesticide if the  | 
| 15 |  | strength or purity is not within the standard of quality  | 
| 16 |  | expressed on the labeling under which it is sold, distributed  | 
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| 1 |  | or used, including any substance which has been substituted  | 
| 2 |  | wholly or in part for the pesticide as specified on the  | 
| 3 |  | labeling under which it is sold, distributed or used, or if any  | 
| 4 |  | valuable constituent of the pesticide has been wholly or in  | 
| 5 |  | part abstracted. | 
| 6 |  |     4. "Agricultural Commodity" means produce of the land,  | 
| 7 |  | including, but not limited to, plants and plant parts,  | 
| 8 |  | livestock and poultry and livestock or poultry products,  | 
| 9 |  | seeds, sod, shrubs and other products of agricultural origin  | 
| 10 |  | including the premises necessary to and used directly in  | 
| 11 |  | agricultural production. Agricultural commodity also includes  | 
| 12 |  | aquatic products, including any aquatic plants and animals or  | 
| 13 |  | their by-products that are produced, grown, managed, harvested  | 
| 14 |  | and marketed on an annual, semi-annual, biennial or short-term  | 
| 15 |  | basis, in permitted aquaculture facilities. | 
| 16 |  |     5. "Animal" means all vertebrate and invertebrate species  | 
| 17 |  | including, but not limited to, man and other mammals, birds,  | 
| 18 |  | fish, and shellfish. | 
| 19 |  |     5.5. "Barrier mosquitocide" means a pesticide that is  | 
| 20 |  | formulated to kill adult mosquitoes and that is applied so as  | 
| 21 |  | to leave a residual mosquitocidal coating on natural or  | 
| 22 |  | manmade surfaces. "Barrier mosquitocide" does not include a  | 
| 23 |  | product that is exempt from registration under the Federal  | 
| 24 |  | Insecticide, Fungicide, and Rodenticide Act, or rules adopted  | 
| 25 |  | pursuant to that Act. | 
| 26 |  |     5.6. "Barrier mosquitocide treatment" means application of  | 
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| 1 |  | a barrier mosquitocide to a natural or manmade surface.  | 
| 2 |  |     6. "Beneficial Insects" means those insects which during  | 
| 3 |  | their life cycle are effective pollinators of plants,  | 
| 4 |  | predators of pests or are otherwise beneficial. | 
| 5 |  |     7. "Certified applicator". | 
| 6 |  |         A. "Certified applicator" means any individual who is  | 
| 7 |  | certified under this Act to purchase, use, or supervise  | 
| 8 |  | the use of pesticides which are classified for restricted  | 
| 9 |  | use. | 
| 10 |  |         B. "Private applicator" means a certified applicator  | 
| 11 |  | who purchases, uses, or supervises the use of any  | 
| 12 |  | pesticide classified for restricted use, for the purpose  | 
| 13 |  | of producing any agricultural commodity on property owned,  | 
| 14 |  | rented, or otherwise controlled by him or his employer, or  | 
| 15 |  | applied to other property if done without compensation  | 
| 16 |  | other than trading of personal services between no more  | 
| 17 |  | than 2 producers of agricultural commodities. | 
| 18 |  |         C. "Licensed Commercial Applicator" means a certified  | 
| 19 |  | applicator, whether or not he is a private applicator with  | 
| 20 |  | respect to some uses, who owns or manages a business that  | 
| 21 |  | is engaged in applying pesticides, whether classified for  | 
| 22 |  | general or restricted use, for hire. The term also applies  | 
| 23 |  | to a certified applicator who uses or supervises the use  | 
| 24 |  | of pesticides, whether classified for general or  | 
| 25 |  | restricted use, for any purpose or on property of others  | 
| 26 |  | excluding those specified by subparagraphs 7 (B), (D), (E)  | 
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| 1 |  | of Section 4 of this Act. | 
| 2 |  |         D. "Commercial Not For Hire Applicator" means a  | 
| 3 |  | certified applicator who uses or supervises the use of  | 
| 4 |  | pesticides classified for general or restricted use for  | 
| 5 |  | any purpose on property of an employer when such activity  | 
| 6 |  | is a requirement of the terms of employment and such  | 
| 7 |  | application of pesticides under this certification is  | 
| 8 |  | limited to property under the control of the employer only  | 
| 9 |  | and includes, but is not limited to, the use or  | 
| 10 |  | supervision of the use of pesticides in a greenhouse  | 
| 11 |  | setting. "Commercial Not For Hire Applicator" also  | 
| 12 |  | includes a certified applicator who uses or supervises the  | 
| 13 |  | use of pesticides classified for general or restricted use  | 
| 14 |  | as an employee of a state agency, municipality, or other  | 
| 15 |  | duly constituted governmental agency or unit. | 
| 16 |  |     8. "Defoliant" means any substance or combination of  | 
| 17 |  | substances which cause leaves or foliage to drop from a plant  | 
| 18 |  | with or without causing abscission. | 
| 19 |  |     9. "Desiccant" means any substance or combination of  | 
| 20 |  | substances intended for artificially accelerating the drying  | 
| 21 |  | of plant tissue. | 
| 22 |  |     10. "Device" means any instrument or contrivance, other  | 
| 23 |  | than a firearm or equipment for application of pesticides when  | 
| 24 |  | sold separately from pesticides, which is intended for  | 
| 25 |  | trapping, repelling, destroying, or mitigating any pest, other  | 
| 26 |  | than bacteria, virus, or other microorganisms on or living in  | 
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| 1 |  | man or other living animals. | 
| 2 |  |     11. "Distribute" means offer or hold for sale, sell,  | 
| 3 |  | barter, ship, deliver for shipment, receive and then deliver,  | 
| 4 |  | or offer to deliver pesticides, within the State. | 
| 5 |  |     12. "Environment" includes water, air, land, and all  | 
| 6 |  | plants and animals including man, living therein and the  | 
| 7 |  | interrelationships which exist among these. | 
| 8 |  |     13. "Equipment" means any type of instruments and  | 
| 9 |  | contrivances using motorized, mechanical or pressure power  | 
| 10 |  | which is used to apply any pesticide, excluding pressurized  | 
| 11 |  | hand-size household apparatus containing dilute ready to apply  | 
| 12 |  | pesticide or used to apply household pesticides. | 
| 13 |  |     14. "FIFRA" means the Federal Insecticide, Fungicide, and  | 
| 14 |  | Rodenticide Act, as amended. | 
| 15 |  |     15. "Fungi" means any non-chlorophyll bearing  | 
| 16 |  | thallophytes, any non-chlorophyll bearing plant of a lower  | 
| 17 |  | order than mosses or liverworts, as for example rust, smut,  | 
| 18 |  | mildew, mold, yeast and bacteria, except those on or in living  | 
| 19 |  | animals including man and those on or in processed foods,  | 
| 20 |  | beverages or pharmaceuticals. | 
| 21 |  |     16. "Household Substance" means any pesticide customarily  | 
| 22 |  | produced and distributed for use by individuals in or about  | 
| 23 |  | the household. | 
| 24 |  |     17. "Imminent Hazard" means a situation which exists when  | 
| 25 |  | continued use of a pesticide would likely result in  | 
| 26 |  | unreasonable adverse effects on the environment or will  | 
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| 1 |  | involve unreasonable hazard to the survival of a species  | 
| 2 |  | declared endangered by the U.S. Secretary of the Interior or  | 
| 3 |  | to species declared to be protected by the Illinois Department  | 
| 4 |  | of Natural Resources. | 
| 5 |  |     18. "Inert Ingredient" means an ingredient which is not an  | 
| 6 |  | active ingredient. | 
| 7 |  |     19. "Ingredient Statement" means a statement of the name  | 
| 8 |  | and percentage of each active ingredient together with the  | 
| 9 |  | total percentage of inert ingredients in a pesticide and for  | 
| 10 |  | pesticides containing arsenic in any form, the ingredient  | 
| 11 |  | statement shall include percentage of total and water soluble  | 
| 12 |  | arsenic, each calculated as elemental arsenic. In the case of  | 
| 13 |  | spray adjuvants the ingredient statement need contain only the  | 
| 14 |  | names of the functioning agents and the total percent of those  | 
| 15 |  | constituents ineffective as spray adjuvants. | 
| 16 |  |     20. "Insect" means any of the numerous small invertebrate  | 
| 17 |  | animals generally having the body more or less obviously  | 
| 18 |  | segmented for the most part belonging to the class Insects,  | 
| 19 |  | comprised of six-legged, usually winged forms, as for example  | 
| 20 |  | beetles, caterpillars, and flies. This definition encompasses  | 
| 21 |  | other allied classes of arthropods whose members are wingless  | 
| 22 |  | and usually have more than 6 legs as for example spiders,  | 
| 23 |  | mites, ticks, centipedes, and millipedes. | 
| 24 |  |     21. "Label" means the written, printed or graphic matter  | 
| 25 |  | on or attached to the pesticide or device or any of its  | 
| 26 |  | containers or wrappings. | 
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| 1 |  |     22. "Labeling" means the label and all other written,  | 
| 2 |  | printed or graphic matter: (a) on the pesticide or device or  | 
| 3 |  | any of its containers or wrappings, (b) accompanying the  | 
| 4 |  | pesticide or device or referring to it in any other media used  | 
| 5 |  | to disseminate information to the public, (c) to which  | 
| 6 |  | reference is made to the pesticide or device except when  | 
| 7 |  | references are made to current official publications of the U.  | 
| 8 |  | S. Environmental Protection Agency, Departments of  | 
| 9 |  | Agriculture, Health, Education and Welfare or other Federal  | 
| 10 |  | Government institutions, the state experiment station or  | 
| 11 |  | colleges of agriculture or other similar state institution  | 
| 12 |  | authorized to conduct research in the field of pesticides. | 
| 13 |  |     23. "Land" means all land and water area including  | 
| 14 |  | airspace, and all plants, animals, structures, buildings,  | 
| 15 |  | contrivances, and machinery appurtenant thereto or situated  | 
| 16 |  | thereon, fixed or mobile, including any used for  | 
| 17 |  | transportation. | 
| 18 |  |     24. "Licensed Operator" means a person employed to apply  | 
| 19 |  | pesticides to the lands of others under the direction of a  | 
| 20 |  | "licensed commercial applicator" or a "licensed commercial  | 
| 21 |  | not-for-hire applicator". | 
| 22 |  |     25. "Nematode" means invertebrate animals of the phylum  | 
| 23 |  | nemathelminthes and class nematoda, also referred to as nemas  | 
| 24 |  | or eelworms, which are unsegmented roundworms with elongated  | 
| 25 |  | fusiform or sac-like bodies covered with cuticle and  | 
| 26 |  | inhabiting soil, water, plants or plant parts. | 
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| 1 |  |     26. "Permit" means a written statement issued by the  | 
| 2 |  | Director or his authorized agent, authorizing certain acts of  | 
| 3 |  | pesticide purchase or of pesticide use or application on an  | 
| 4 |  | interim basis prior to normal certification, registration, or  | 
| 5 |  | licensing. | 
| 6 |  |     27. "Person" means any individual, partnership,  | 
| 7 |  | association, fiduciary, corporation, or any organized group of  | 
| 8 |  | persons whether incorporated or not. | 
| 9 |  |     28. "Pest" means (a) any insect, rodent, nematode, fungus,  | 
| 10 |  | weed, or (b) any other form of terrestrial or aquatic plant or  | 
| 11 |  | animal life or virus, bacteria, or other microorganism,  | 
| 12 |  | excluding virus, bacteria, or other microorganism on or in  | 
| 13 |  | living animals including man, which the Director declares to  | 
| 14 |  | be a pest. | 
| 15 |  |     29. "Pesticide" means any substance or mixture of  | 
| 16 |  | substances intended for preventing, destroying, repelling, or  | 
| 17 |  | mitigating any pest or any substance or mixture of substances  | 
| 18 |  | intended for use as a plant regulator, defoliant or desiccant. | 
| 19 |  |     30. "Pesticide Dealer" means any person who distributes  | 
| 20 |  | registered pesticides to the user. | 
| 21 |  |     31. "Plant Regulator" means any substance or mixture of  | 
| 22 |  | substances intended through physiological action to affect the  | 
| 23 |  | rate of growth or maturation or otherwise alter the behavior  | 
| 24 |  | of ornamental or crop plants or the produce thereof. This does  | 
| 25 |  | not include substances which are not intended as plant  | 
| 26 |  | nutrient trace elements, nutritional chemicals, plant or seed  | 
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| 1 |  | inoculants or soil conditioners or amendments. | 
| 2 |  |     32. "Protect Health and Environment" means to guard  | 
| 3 |  | against any unreasonable adverse effects on the environment. | 
| 4 |  |     33. "Registrant" means a person who has registered any  | 
| 5 |  | pesticide pursuant to the provision of FIFRA and this Act. | 
| 6 |  |     34. "Restricted Use Pesticide" means any pesticide with  | 
| 7 |  | one or more of its uses classified as restricted by order of  | 
| 8 |  | the Administrator of USEPA. | 
| 9 |  |     35. "SLN Registration" means registration of a pesticide  | 
| 10 |  | for use under conditions of special local need as defined by  | 
| 11 |  | FIFRA. | 
| 12 |  |     36. "State Restricted Pesticide Use" means any pesticide  | 
| 13 |  | use which the Director determines, subsequent to public  | 
| 14 |  | hearing, that an additional restriction for that use is needed  | 
| 15 |  | to prevent unreasonable adverse effects. | 
| 16 |  |     37. "Structural Pest" means any pests which attack and  | 
| 17 |  | destroy buildings and other structures or which attack  | 
| 18 |  | clothing, stored food, commodities stored at food  | 
| 19 |  | manufacturing and processing facilities or manufactured and  | 
| 20 |  | processed goods. | 
| 21 |  |     38. "Unreasonable Adverse Effects on the Environment"  | 
| 22 |  | means the unreasonable risk to the environment, including man,  | 
| 23 |  | from the use of any pesticide, when taking into account  | 
| 24 |  | accrued benefits of as well as the economic, social, and  | 
| 25 |  | environmental costs of its use. | 
| 26 |  |     39. "USEPA" means United States Environmental Protection  | 
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| 1 |  | Agency. | 
| 2 |  |     40. "Use inconsistent with the label" means to use a  | 
| 3 |  | pesticide in a manner not consistent with the label  | 
| 4 |  | instruction, the definition adopted in FIFRA as interpreted by  | 
| 5 |  | USEPA shall apply in Illinois. | 
| 6 |  |     41. "Weed" means any plant growing in a place where it is  | 
| 7 |  | not wanted. | 
| 8 |  |     42. "Wildlife" means all living things, not human,  | 
| 9 |  | domestic, or pests. | 
| 10 |  |     43. "Bulk pesticide" means any registered pesticide which  | 
| 11 |  | is transported or held in an individual container in undivided  | 
| 12 |  | quantities of greater than 55 U.S. gallons liquid measure or  | 
| 13 |  | 100 pounds net dry weight. | 
| 14 |  |     44. "Bulk repackaging" means the transfer of a registered  | 
| 15 |  | pesticide from one bulk container (containing undivided  | 
| 16 |  | quantities of greater than 100 U.S. gallons liquid measure or  | 
| 17 |  | 100 pounds net dry weight) to another bulk container  | 
| 18 |  | (containing undivided quantities of greater than 100 U.S.  | 
| 19 |  | gallons liquid measure or 100 pounds net dry weight) in an  | 
| 20 |  | unaltered state in preparation for sale or distribution to  | 
| 21 |  | another person. | 
| 22 |  |     45. "Business" means any individual, partnership,  | 
| 23 |  | corporation or association engaged in a business operation for  | 
| 24 |  | the purpose of selling or distributing pesticides or providing  | 
| 25 |  | the service of application of pesticides in this State. | 
| 26 |  |     46. "Facility" means any building or structure and all  | 
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| 1 |  | real property contiguous thereto, including all equipment  | 
| 2 |  | fixed thereon used for the operation of the business. | 
| 3 |  |     47. "Chemigation" means the application of a pesticide  | 
| 4 |  | through the systems or equipment employed for the primary  | 
| 5 |  | purpose of irrigation of land and crops. | 
| 6 |  |     48. "Use" means any activity covered by the pesticide  | 
| 7 |  | label, including, but not limited to, application of  | 
| 8 |  | pesticide, mixing and loading, storage of pesticides or  | 
| 9 |  | pesticide containers, disposal of pesticides and pesticide  | 
| 10 |  | containers and reentry into treated sites or areas. | 
| 11 |  |     49. "Education course" means a course approved by the  | 
| 12 |  | Department of Agriculture that may be used by a certified  | 
| 13 |  | applicator, licensed operator, or registered pesticide dealer  | 
| 14 |  | to meet renewal requirements under the Act. | 
| 15 |  |     50. "License transfer" means the transfer of an existing  | 
| 16 |  | license or certification by the Department from one certified  | 
| 17 |  | applicator or operator to another certified applicator or  | 
| 18 |  | operator for the period of time remaining on the license  | 
| 19 |  | before renewal.     | 
| 20 |  | (Source: P.A. 102-555, eff. 1-1-22; 102-916, eff. 1-1-23;  | 
| 21 |  | 103-154, eff. 6-30-23.) | 
| 22 |  |     (415 ILCS 60/6)    (from Ch. 5, par. 806) | 
| 23 |  |     Sec. 6. Registration.  | 
| 24 |  |     1. Every pesticide which is distributed, sold, offered for  | 
| 25 |  | sale within this State, delivered for transportation or  | 
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| 1 |  | transported in interstate commerce or between points within  | 
| 2 |  | the State through any point outside the State, shall be  | 
| 3 |  | registered with the Director or his designated agent, subject  | 
| 4 |  | to provisions of this Act. Such registration shall be for a  | 
| 5 |  | period determined under item 1.5 of this Section and shall  | 
| 6 |  | expire on December 31st. Registration is not required if a  | 
| 7 |  | pesticide is shipped from one plant or warehouse to another  | 
| 8 |  | plant or warehouse by the same person and is used solely at  | 
| 9 |  | such plant or warehouse as a constituent part to make a  | 
| 10 |  | pesticide which is registered under provisions of this Act and  | 
| 11 |  | FIFRA. | 
| 12 |  |     1.5. In order to stagger product registrations, the  | 
| 13 |  | Department shall, for the 2011 registration year, register  | 
| 14 |  | half of the applicants and their products for one year and the  | 
| 15 |  | other half for 2 years. Thereafter, a business registration  | 
| 16 |  | and product registration shall be for 2 years.  | 
| 17 |  |     2. Registration applicant shall file a statement with the  | 
| 18 |  | Director which shall include: | 
| 19 |  |         A. The name and address of the applicant and the name  | 
| 20 |  | and address of the person whose name will appear on the  | 
| 21 |  | label if different from the applicant's. | 
| 22 |  |         B. The name of the pesticide. | 
| 23 |  |         C. A copy of the labeling accompanying the pesticide  | 
| 24 |  | under customary conditions of distribution, sale and use,  | 
| 25 |  | including ingredient statement, direction for use, use  | 
| 26 |  | classification, and precautionary or warning statements. | 
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| 1 |  |     3. The Director may require the submission of complete  | 
| 2 |  | formula data. | 
| 3 |  |     4. The Director may require a full description of tests  | 
| 4 |  | made and the results thereof, upon which the claims are based,  | 
| 5 |  | for any pesticide not registered pursuant to FIFRA, or on any  | 
| 6 |  | pesticide under consideration to be classified for restricted  | 
| 7 |  | use. | 
| 8 |  |         A. The Director will not consider data he required of  | 
| 9 |  | the initial registrant of a pesticide in support of  | 
| 10 |  | another applicants' registration unless the subsequent  | 
| 11 |  | applicant has obtained written permission to use such  | 
| 12 |  | data. | 
| 13 |  |         B. In the case of renewal registration, the Director  | 
| 14 |  | may accept a statement only with respect to information  | 
| 15 |  | which is different from that furnished 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 per  | 
| 21 |  | product registered for that applicant. For the years 2004  | 
| 22 |  | through 2010, the annual product registration fee is $200 per  | 
| 23 |  | product. For the years 2011 through 2023, the product  | 
| 24 |  | registration fee shall be $600 per product per 2-year  | 
| 25 |  | registration period and shall be paid at the time of  | 
| 26 |  | registration. For the years 2024 through 2025 and thereafter,  | 
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| 1 |  | the product registration fee shall be $800 per product per  | 
| 2 |  | 2-year registration period and shall be paid at the time of  | 
| 3 |  | registration. For the year 2026 and for each year thereafter,  | 
| 4 |  | the product registration fee shall be $850 per product per  | 
| 5 |  | 2-year registration period and shall be paid at the time of  | 
| 6 |  | registration.     | 
| 7 |  |     In addition, for the years preceding the year 2004 any  | 
| 8 |  | business registering a pesticide product at any time during  | 
| 9 |  | one year shall pay the annual business registration fee of  | 
| 10 |  | $250. For the years 2004 through 2010, the annual business  | 
| 11 |  | registration fee shall be $400. For the years 2011 through  | 
| 12 |  | 2023, the business registration fee shall be $800 per 2-year  | 
| 13 |  | registration period and shall be paid at the time of  | 
| 14 |  | registration. For the years 2024 through 2025 and thereafter,  | 
| 15 |  | the business registration fee shall be $1000 per 2-year  | 
| 16 |  | registration period and shall be paid at the time of  | 
| 17 |  | registration. For the year 2026 and for each year thereafter,  | 
| 18 |  | the business registration fee shall be $1,050 per 2-year  | 
| 19 |  | registration period and shall be paid at the time of  | 
| 20 |  | registration. Each legal entity of the business shall pay the  | 
| 21 |  | business registration fee. | 
| 22 |  |     For the years preceding the year 2004, any applicant  | 
| 23 |  | requesting an experimental use permit shall pay the annual fee  | 
| 24 |  | of $100 per permit and all special local need pesticide  | 
| 25 |  | registration applicants shall pay an annual fee of $100 per  | 
| 26 |  | product. For the years 2004 through 2010, the annual  | 
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| 1 |  | experimental use permit fee and special local need pesticide  | 
| 2 |  | registration fee is $200 per permit. For the years 2011 and  | 
| 3 |  | thereafter, the annual experimental use permit and special  | 
| 4 |  | local need pesticide registration fee shall be $300 per  | 
| 5 |  | product. Subsequent SLN registrations for a pesticide already  | 
| 6 |  | registered shall be exempted from the registration fee. | 
| 7 |  |         A. All registration accepted and approved by the  | 
| 8 |  | Director shall expire on the 31st day of December in any  | 
| 9 |  | one year unless cancelled. Registration for a special  | 
| 10 |  | local need may be granted for a specific period of time  | 
| 11 |  | with the approval date and expiration date specified. | 
| 12 |  |         B. If a registration for special local need granted by  | 
| 13 |  | the Director does not receive approval of the  | 
| 14 |  | Administrator of USEPA, the registration shall expire on  | 
| 15 |  | the date of the Administrator's disapproval. | 
| 16 |  |     7. Registrations approved and accepted by the Director and  | 
| 17 |  | in effect on the 31st day of December, for which renewal  | 
| 18 |  | application is made, shall continue in full force and effect  | 
| 19 |  | until the Director notifies the registrant that the renewal  | 
| 20 |  | has been approved and accepted or the registration is denied  | 
| 21 |  | under this Act. Renewal registration forms will be provided to  | 
| 22 |  | applicants by the Director. | 
| 23 |  |     8. If the renewal of a pesticide registration is not filed  | 
| 24 |  | within 30 days of the date of expiration, a penalty late  | 
| 25 |  | registration assessment of $100 per product shall apply in  | 
| 26 |  | addition to the regular product registration fee. The late  | 
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|  | 
| 1 |  | registration assessment shall not apply if the applicant  | 
| 2 |  | furnishes an affidavit certifying that no unregulated  | 
| 3 |  | pesticide was distributed or sold during the period of  | 
| 4 |  | registration. The late assessment is not a bar to prosecution  | 
| 5 |  | for doing business without proper registry. | 
| 6 |  |     9. The Director may prescribe by regulation to allow  | 
| 7 |  | pesticide use for a special local need, pursuant to FIFRA.  | 
| 8 |  |     10. The Director may prescribe by regulation the  | 
| 9 |  | provisions for and requirements of registering a pesticide  | 
| 10 |  | intended for experimental use. | 
| 11 |  |     11. The Director shall not make any lack of essentiality a  | 
| 12 |  | criterion for denial of registration of any pesticide. Where 2  | 
| 13 |  | pesticides meet the requirements, one should not be registered  | 
| 14 |  | in preference to the other. | 
| 15 |  |     12. It shall be the duty of the pesticide registrant to  | 
| 16 |  | properly dispose of any pesticide the registration of which  | 
| 17 |  | has been suspended, revoked or cancelled or which is otherwise  | 
| 18 |  | not properly registered in the State. | 
| 19 |  | (Source: P.A. 103-441, eff. 1-1-24.) | 
| 20 |  |     (415 ILCS 60/10)    (from Ch. 5, par. 810) | 
| 21 |  |     Sec. 10. Commercial applicator license. No commercial  | 
| 22 |  | applicator shall use or supervise the use of any pesticide  | 
| 23 |  | without a commercial license issued by the Director. For the  | 
| 24 |  | years preceding the year 2001, the Director shall require an  | 
| 25 |  | annual fee for commercial applicator license of $35. For the  | 
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|  | 
| 1 |  | years 2001, 2002, 2003, 2004, 2005, and 2006, the annual fee  | 
| 2 |  | for a commercial applicator license is $45. For the years 2007  | 
| 3 |  | through 2017, the annual fee for a commercial applicator  | 
| 4 |  | license is $60. For the years 2018 through 2023, the fee for a  | 
| 5 |  | multi-year commercial applicator license is $180. For the  | 
| 6 |  | years 2024 through 2025 and thereafter, the fee for a  | 
| 7 |  | multi-year commercial applicator license is $240. For the year  | 
| 8 |  | 2026 and for each year thereafter, the fee for a multi-year  | 
| 9 |  | commercial applicator license is $300 The late application fee  | 
| 10 |  | for a commercial applicator license shall be $20 in addition  | 
| 11 |  | to the normal license fee. A commercial applicator shall be  | 
| 12 |  | assessed a fee of $25 $10 for a duplicate license or license  | 
| 13 |  | transfer. | 
| 14 |  |     1. Application for the commercial applicator license shall  | 
| 15 |  | be made in writing on designated forms available from the  | 
| 16 |  | Director. Each application shall contain information regarding  | 
| 17 |  | the applicants qualifications, nature of the proposed  | 
| 18 |  | operation, classification of license being sought, and shall  | 
| 19 |  | include the following: | 
| 20 |  |         A. The full name of the applicant. | 
| 21 |  |         B. The address of the applicant. | 
| 22 |  |         C. Any necessary information prescribed by the  | 
| 23 |  | Director on the designated application form. | 
| 24 |  |     2. An applicant for a license shall demonstrate competence  | 
| 25 |  | and knowledge regarding pesticide use in accordance with  | 
| 26 |  | Section 9 of this Act. | 
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|  | 
| 1 |  |     3. A licensed commercial applicator must provide to the  | 
| 2 |  | Director at the time of original licensing and must maintain  | 
| 3 |  | throughout the licensure period evidence of financial  | 
| 4 |  | responsibility protecting persons who may suffer personal  | 
| 5 |  | injury or property damage or both as a result of the pesticide  | 
| 6 |  | operation of the applicant in either of the following manners: | 
| 7 |  |         A. Evidence of responsibility may be provided in the  | 
| 8 |  | form of a surety bond for each licensed commercial  | 
| 9 |  | applicator naming the licensed commercial applicator as  | 
| 10 |  | principal of the bond. The amount of the bond shall be not  | 
| 11 |  | less than $50,000 per year. It is permissible to provide  | 
| 12 |  | two bonds; one for $25,000 for bodily injury liability and  | 
| 13 |  | the second for $25,000 for property damage liability. The  | 
| 14 |  | bond or bonds shall be made payable to the Director of  | 
| 15 |  | Agriculture, State of Illinois, for the benefit of the  | 
| 16 |  | injured party and shall be conditioned upon compliance  | 
| 17 |  | with the provisions of this Act by the principal, his or  | 
| 18 |  | her officers, representatives and employees; or | 
| 19 |  |         B. Evidence of responsibility may be provided in the  | 
| 20 |  | form of a certificate of liability insurance providing  | 
| 21 |  | coverage for each licensed commercial applicator or  | 
| 22 |  | licensed entity in the amount of not less than $50,000 per  | 
| 23 |  | person, $100,000 per occurrence bodily injury liability  | 
| 24 |  | coverage, with an annual aggregate of not less than  | 
| 25 |  | $500,000, and $50,000 per occurrence property damage  | 
| 26 |  | liability, with an annual aggregate of not less than  | 
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| 1 |  | $50,000; or, in lieu thereof, a combined single limit of  | 
| 2 |  | not less than $100,000 bodily injury and property damage  | 
| 3 |  | liability combined, with an annual aggregate of not less  | 
| 4 |  | than $500,000. | 
| 5 |  |     4. Every insurance policy or bond shall contain a  | 
| 6 |  | provision that it will not be cancelled or reduced by the  | 
| 7 |  | principal or insurance company, except upon 30 days prior  | 
| 8 |  | notice in writing to the Director of the Department at the  | 
| 9 |  | Springfield, Illinois office and the principal insured. A  | 
| 10 |  | reduction or cancellation of policy shall not affect the  | 
| 11 |  | liability accrued or which may accrue under such policy before  | 
| 12 |  | the expiration of the 30 days. The notice shall contain the  | 
| 13 |  | termination date. Upon said reduction or cancellation, the  | 
| 14 |  | Director shall immediately notify the licensee that his or her  | 
| 15 |  | license will be suspended and the effective date until the  | 
| 16 |  | minimum bond or liability insurance requirements are met by  | 
| 17 |  | the licensee for the current license period. | 
| 18 |  |     5. Nothing in this Act shall be construed to relieve any  | 
| 19 |  | person from liability for any damage to persons or property  | 
| 20 |  | caused by use of pesticides even though such use conforms to  | 
| 21 |  | label instructions and pertinent rules and regulations of this  | 
| 22 |  | State. | 
| 23 |  |     6. The Director may renew any applicant's license in the  | 
| 24 |  | classifications for which such applicant is licensed, subject  | 
| 25 |  | to requalification requirements imposed by the Director.  | 
| 26 |  | Requalification standards shall be prescribed by regulations  | 
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|  | 
| 1 |  | adopted pursuant to this Act and are required to ensure that  | 
| 2 |  | the licensed commercial applicator meets the requirements of  | 
| 3 |  | changing technology and to assure a continued level of  | 
| 4 |  | competence and ability. | 
| 5 |  |     7. The Director may limit the license of an applicant to  | 
| 6 |  | allow only the use of certain pesticides in a delimited  | 
| 7 |  | geographic area, or to the use of certain application  | 
| 8 |  | techniques or equipment. If a license is not issued as applied  | 
| 9 |  | for, the Director shall inform the applicant in writing of the  | 
| 10 |  | reasons and extend an opportunity for the applicant to  | 
| 11 |  | complete the requirements for the license desired. | 
| 12 |  |     8. For the purpose of uniformity, the Director may enter  | 
| 13 |  | into agreements for accepting standards of qualification of  | 
| 14 |  | other states as a basis for licensing commercial applicators. | 
| 15 |  | (Source: P.A. 103-441, eff. 1-1-24.) | 
| 16 |  |     (415 ILCS 60/11)    (from Ch. 5, par. 811) | 
| 17 |  |     Sec. 11. Certified pesticide applicators and private  | 
| 18 |  | applicators. No person shall use or supervise the use of  | 
| 19 |  | pesticides classified for restricted use without a license  | 
| 20 |  | issued by the Director. Persons licensed or desiring to be  | 
| 21 |  | licensed as certified pesticide applicators shall comply with  | 
| 22 |  | the certification requirements as set forth in Section 9 of  | 
| 23 |  | this Act in order to protect public health and the  | 
| 24 |  | environment, including injury to the applicator or other  | 
| 25 |  | persons using these pesticides. | 
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|  | 
| 1 |  |     An applicant for certification as a private pesticide  | 
| 2 |  | applicator shall meet qualification requirements prescribed by  | 
| 3 |  | regulation. Certification shall be valid for the calendar year  | 
| 4 |  | in which the certification is issued plus 2 additional  | 
| 5 |  | calendar years, expiring on December 31st. The application for  | 
| 6 |  | certification shall be made in writing to the Director, on  | 
| 7 |  | forms available from the Director or the local county  | 
| 8 |  | agricultural extension adviser's office and be accompanied by  | 
| 9 |  | payment of a $10 license fee in the years preceding the year  | 
| 10 |  | 2001. During the years 2001, 2002, 2003, 2004, 2005, and 2006,  | 
| 11 |  | the private pesticide applicator license fee shall be $15.  | 
| 12 |  | During the years 2007 through 2010, the private pesticide  | 
| 13 |  | applicator license fee shall be $20. For the years 2011  | 
| 14 |  | through 2023, the private pesticide applicator license fee  | 
| 15 |  | shall be $30. For the years 2024 through 2025 and thereafter,  | 
| 16 |  | the private pesticide applicator license fee shall be $60. For  | 
| 17 |  | the year 2026 and for each year thereafter, the private  | 
| 18 |  | pesticide applicator license fee shall be $90. A private  | 
| 19 |  | pesticide applicator shall be assessed a fee of $5 for a  | 
| 20 |  | duplicate license or license transfer. Such application shall  | 
| 21 |  | include: | 
| 22 |  |         A. The full name of the applicant. | 
| 23 |  |         B. The mailing address of the applicant. | 
| 24 |  |         C. The documents required as evidence of competence  | 
| 25 |  | and knowledge regarding the use of pesticides. | 
| 26 |  |     Certification, as a private pesticide applicator, issued  | 
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|  | 
| 1 |  | by the Director shall be valid for a period prescribed by  | 
| 2 |  | regulation. The Director shall develop regulatory standards to  | 
| 3 |  | ensure that certified private pesticide applicators continue  | 
| 4 |  | to meet the requirements of a changing technology and assure a  | 
| 5 |  | continued level of competence and ability. | 
| 6 |  | (Source: P.A. 103-441, eff. 1-1-24.) | 
| 7 |  |     (415 ILCS 60/11.1)    (from Ch. 5, par. 811.1) | 
| 8 |  |     Sec. 11.1. Commercial not-for-hire license. No commercial  | 
| 9 |  | not-for-hire applicator shall use or supervise the use of any  | 
| 10 |  | pesticide without a license issued by the Director. For the  | 
| 11 |  | years 2011 through 2017, the commercial not-for-hire pesticide  | 
| 12 |  | applicator license fee shall be $20. For the years 2018  | 
| 13 |  | through 2023, the fee for a multi-year commercial not-for-hire  | 
| 14 |  | pesticide applicator license is $60. For the years 2024  | 
| 15 |  | through 2025 and thereafter, the fee for a multi-year  | 
| 16 |  | commercial not-for-hire pesticide applicator license is $120.  | 
| 17 |  | For the year 2026 and for each year thereafter, the fee for a  | 
| 18 |  | multi-year commercial not-for-hire pesticide applicator  | 
| 19 |  | license is $180 The late application fee for a public or  | 
| 20 |  | commercial not-for-hire applicator license shall be $20 in  | 
| 21 |  | addition to the normal license fees. A commercial not-for-hire  | 
| 22 |  | applicator shall be assessed a fee of $20 $10 for a duplicate  | 
| 23 |  | license or license transfer. | 
| 24 |  |     1. Application for certification as a commercial  | 
| 25 |  | not-for-hire pesticide applicator shall be made in writing on  | 
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|  | 
| 1 |  | designated forms available from the Director. Each application  | 
| 2 |  | shall contain information regarding the qualifications of the  | 
| 3 |  | applicant, classification of certification being sought, and  | 
| 4 |  | shall include the following: | 
| 5 |  |         A. The full name of the applicant. | 
| 6 |  |         B. The name of the applicant's employer. | 
| 7 |  |         C. The address at the applicant's place of employment. | 
| 8 |  |         D. Any other information prescribed by the Director on  | 
| 9 |  | the designated form. | 
| 10 |  |     2. The Director shall not issue a certification to a  | 
| 11 |  | commercial not-for-hire pesticide applicator until the  | 
| 12 |  | individual identified has demonstrated his competence and  | 
| 13 |  | knowledge regarding pesticide use in accordance with Section 9  | 
| 14 |  | of this Act. | 
| 15 |  |     3. The Director shall not renew a certification as a  | 
| 16 |  | commercial not-for-hire pesticide applicator until the  | 
| 17 |  | applicant reestablishes his qualifications in accordance with  | 
| 18 |  | Section 9 of this Act or has met other requirements imposed by  | 
| 19 |  | regulation in order to ensure that the applicant meets the  | 
| 20 |  | requirements of changing technology and to assure a continued  | 
| 21 |  | level of competence and ability. | 
| 22 |  |     4. (Blank). | 
| 23 |  |     5. (Blank). | 
| 24 |  |     6. (Blank). | 
| 25 |  |     7. Persons applying general use pesticides, approved by  | 
| 26 |  | the Inter-Agency Committee on the Use of Pesticides, to scrap  | 
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|  | 
| 1 |  | tires for the control of mosquitoes shall be exempt from the  | 
| 2 |  | license requirements of this Section. | 
| 3 |  | (Source: P.A. 103-441, eff. 1-1-24.) | 
| 4 |  |     (415 ILCS 60/11.5 new) | 
| 5 |  |     Sec. 11.5. Operator permit and certified applicator and  | 
| 6 |  | dealer license renewal.     | 
| 7 |  |     1. Subject to appropriation, sufficient available  | 
| 8 |  | education courses, and successful procurement and  | 
| 9 |  | implementation of any requisite tracking software, certified  | 
| 10 |  | applicators, licensed operators, or registered pesticide  | 
| 11 |  | dealers may elect to take education courses or an examination  | 
| 12 |  | to meet the requirements for the renewal of certifications,  | 
| 13 |  | licenses, permits, or registrations under this Act. | 
| 14 |  |     2. Before renewing a certification, license, permit, or  | 
| 15 |  | registration under this Act, a certified applicator, licensed  | 
| 16 |  | operator, or registered pesticide dealer must demonstrate  | 
| 17 |  | competence and ability in the use of pesticides and an  | 
| 18 |  | understanding of the requirements of this Act by either (i)  | 
| 19 |  | successfully completing an examination administered by the  | 
| 20 |  | Department or its designee every 3 years or (ii) successfully  | 
| 21 |  | completing 15 hours of Department-approved education courses  | 
| 22 |  | every 3 years. | 
| 23 |  |     3. In approving education courses and the providers of  | 
| 24 |  | education courses, the Department may consult with other  | 
| 25 |  | agencies and non-State entities with interests affected by the  | 
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|  | 
| 1 |  | Act. However, the Department shall have ultimate  | 
| 2 |  | decision-making authority with respect to the approval of  | 
| 3 |  | education courses. | 
| 4 |  |         A. To be approved by the Department, an education  | 
| 5 |  | course must be offered by an entity with significant  | 
| 6 |  | familiarity and understanding of the Act and with  | 
| 7 |  | pesticide application in Illinois. | 
| 8 |  |         B. Presentations or classes advocating for specific  | 
| 9 |  | products, services, or the sale or use of specific  | 
| 10 |  | products or services shall not be approved. This  | 
| 11 |  | restriction shall not apply to courses that are offered by  | 
| 12 |  | a person subject to this Section and intended to cover the  | 
| 13 |  | proper use of the person's product, so long as the course  | 
| 14 |  | provider does not advocate for or attempt to persuade the  | 
| 15 |  | attendee to use that specific product. | 
| 16 |  |     4. Any education course used to meet the requirements for  | 
| 17 |  | certification, license, permit, or registration renewal shall  | 
| 18 |  | include all topics, laws, and rules that are contained in the  | 
| 19 |  | examination for that certification, license, permit, or  | 
| 20 |  | registration as provided for in the Department's  | 
| 21 |  | administrative rules. | 
| 22 |  |     5. Any person choosing to meet renewal requirements by  | 
| 23 |  | attending education courses under this Section shall be  | 
| 24 |  | responsible for tracking the number of hours of education  | 
| 25 |  | courses completed. Failure to attend the required number of  | 
| 26 |  | hours of education courses will result in the person having to  | 
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| 1 |  | take the examination. | 
| 2 |  |     6. The Department may adopt rules to implement and  | 
| 3 |  | administer this Section, including administrative rules  | 
| 4 |  | related to education courses and their content, provider  | 
| 5 |  | restrictions and requirements, and any related topic that the  | 
| 6 |  | Department deems necessary or appropriate to implement and  | 
| 7 |  | maintain the education course program described in this  | 
| 8 |  | Section. | 
| 9 |  |     (415 ILCS 60/12)    (from Ch. 5, par. 812) | 
| 10 |  |     Sec. 12. Licensed operator. No pesticide operator shall  | 
| 11 |  | use any pesticides without a pesticide operator license issued  | 
| 12 |  | by the Director. | 
| 13 |  |     1. Application for an operator license shall be made in  | 
| 14 |  | writing on designated forms available from the Director. Each  | 
| 15 |  | application shall contain information regarding the nature of  | 
| 16 |  | applicants pesticide use, his qualifications, and such other  | 
| 17 |  | facts as prescribed on the form. The application shall also  | 
| 18 |  | include the following: | 
| 19 |  |         A. The full name of applicant. | 
| 20 |  |         B. The address of the applicant. | 
| 21 |  |         C. The name of and license/certification number of the  | 
| 22 |  | pesticide applicator under whom the applicant will work. | 
| 23 |  |     2. The Director shall not issue a pesticide operator  | 
| 24 |  | license until the individual identified has demonstrated his  | 
| 25 |  | competence and knowledge regarding pesticide use in accordance  | 
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| 1 |  | with Section 9 of this Act. | 
| 2 |  |     3. The Director shall not issue an operator license to any  | 
| 3 |  | person who is unable to provide the name and  | 
| 4 |  | license/certification number of an applicator under whom the  | 
| 5 |  | operator will work. | 
| 6 |  |     4. For the years preceding the year 2001, a licensed  | 
| 7 |  | commercial operator working for or under the supervision of a  | 
| 8 |  | certified licensed commercial pesticide applicator shall pay  | 
| 9 |  | an annual fee of $25. For the years 2001, 2002, and 2003, the  | 
| 10 |  | annual fee for a commercial operator license is $30. For the  | 
| 11 |  | years 2004, 2005, and 2006, the annual fee for a commercial  | 
| 12 |  | operator license is $35. For the years 2007 through 2017, the  | 
| 13 |  | annual fee for a commercial operator license is $40. For the  | 
| 14 |  | years 2018 through 2023, the fee for a multi-year commercial  | 
| 15 |  | operator license is $120. For the years 2024 through 2025 and  | 
| 16 |  | thereafter, the fee for a multi-year commercial operator  | 
| 17 |  | license is $180. For the year 2026 and for each year  | 
| 18 |  | thereafter, the fee for a multi-year commercial operator  | 
| 19 |  | license is $240 The late application fee for an operator  | 
| 20 |  | license shall be $20 in addition to the normal license fee. A  | 
| 21 |  | licensed operator shall be assessed a fee of $20 $10 for a  | 
| 22 |  | duplicate license or license transfer. | 
| 23 |  |     5. For the years 2011 through 2017, the commercial  | 
| 24 |  | not-for-hire pesticide operator license fee shall be $15. For  | 
| 25 |  | the years 2018 through 2023, the fee for a multi-year  | 
| 26 |  | commercial not-for-hire pesticide operator license is $45. For  | 
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|  | 
| 1 |  | the years 2024 through 2025 and thereafter, the fee for a  | 
| 2 |  | multi-year commercial not-for-hire pesticide operator license  | 
| 3 |  | is $90. For the year 2026 and for each year thereafter, the fee  | 
| 4 |  | for a multi-year commercial not-for-hire-pesticide operator  | 
| 5 |  | license is $150 The late application fee for a commercial  | 
| 6 |  | not-for-hire operator license shall be $20 in addition to the  | 
| 7 |  | normal license fee. A commercial not-for-hire operator shall  | 
| 8 |  | be assessed a fee of $15 $10 for a duplicate license. | 
| 9 |  | (Source: P.A. 103-441, eff. 1-1-24.) | 
| 10 |  |     (415 ILCS 60/13)    (from Ch. 5, par. 813) | 
| 11 |  |     Sec. 13. Pesticide dealers. Any pesticide dealer who sells  | 
| 12 |  | Restricted Use pesticides shall be registered with the  | 
| 13 |  | Department on forms provided by the Director. Beginning July  | 
| 14 |  | 1, 2005, any pesticide dealer that sells non-restricted use  | 
| 15 |  | pesticides for use in the production of an agricultural  | 
| 16 |  | commodity in containers with a capacity of 2.5 gallons or  | 
| 17 |  | greater or 10 pounds or greater must also register with the  | 
| 18 |  | Department on forms provided by the Director. Through 2017,  | 
| 19 |  | registration shall consist of passing a required examination  | 
| 20 |  | and payment of a $100 registration fee. For the years 2018  | 
| 21 |  | through 2023, the pesticide dealer registration fee for a  | 
| 22 |  | multi-year registration period is $300. For the years 2024  | 
| 23 |  | through 2025 and thereafter, the pesticide dealer registration  | 
| 24 |  | fee for a multi-year registration period is $350. For the year  | 
| 25 |  | 2026 and for each year thereafter, the pesticide dealer  | 
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| 1 |  | registration fee for a multi-year registration period is $360     | 
| 2 |  | The late application fee for a pesticide dealer registration  | 
| 3 |  | shall be $20 in addition to the normal pesticide dealer  | 
| 4 |  | registration fee. A pesticide dealer shall be assessed a fee  | 
| 5 |  | of $30 $10 for a duplicate registration or license transfer. | 
| 6 |  |     Dealers who hold a Structural Pest Control license with  | 
| 7 |  | the Illinois Department of Public Health or a Commercial  | 
| 8 |  | Applicator's license with the Illinois Department of  | 
| 9 |  | Agriculture are exempt from the registration fee but must  | 
| 10 |  | register with the Department. | 
| 11 |  |     Each place of business which sells restricted use  | 
| 12 |  | pesticides or non-restricted pesticides for use in the  | 
| 13 |  | production of an agricultural commodity in containers with a  | 
| 14 |  | capacity of 2.5 gallons or greater or 10 pounds or greater  | 
| 15 |  | shall be considered a separate entity for the purpose of  | 
| 16 |  | registration. | 
| 17 |  |     Registration as a pesticide dealer shall expire on  | 
| 18 |  | December 31 of the year in which it is to expire. Pesticide  | 
| 19 |  | dealers shall be certified in accordance with Section 9 of  | 
| 20 |  | this Act. | 
| 21 |  |     The Director may prescribe, by rule, requirements for the  | 
| 22 |  | registration and testing of any pesticide dealer selling other  | 
| 23 |  | than restricted use pesticides and such rules shall include  | 
| 24 |  | the establishment of a registration fee in an amount not to  | 
| 25 |  | exceed the pesticide dealer registration fee. | 
| 26 |  |     The Department may refuse to issue or may suspend the  | 
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| 1 |  | registration of any person who fails to file a return, or to  | 
| 2 |  | pay the tax, penalty, or interest shown in a filed return, or  | 
| 3 |  | to pay any final assessment of tax, penalty, or interest, as  | 
| 4 |  | required by any tax Act administered by the Illinois  | 
| 5 |  | Department of Revenue, until such time as the requirements of  | 
| 6 |  | any such tax Act are satisfied. | 
| 7 |  | (Source: P.A. 103-441, eff. 1-1-24.)". |