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Sen. David Koehler
Filed: 5/6/2025
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1 | | AMENDMENT TO SENATE BILL 783
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2 | | AMENDMENT NO. ______. Amend Senate Bill 783 by replacing |
3 | | everything after the enacting clause with the following:
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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:
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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.)
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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 .)
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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 .)
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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 .)
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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 .)
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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.
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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 .)
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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 .)". |