HB3118 Engrossed LRB102 15736 CPF 22287 b
1		AN ACT concerning safety.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Illinois Pesticide Act is amended by
5		changing Section 4 and by adding Sections 13.4 and 13.5 as
6		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
17		or used, including any substance which has been substituted
18		wholly or in part for the pesticide as specified on the
19		labeling under which it is sold, distributed or used, or if any
20		valuable constituent of the pesticide has been wholly or in
21		part abstracted.
22		4. "Agricultural Commodity" means produce of the land
23		including but not limited to plants and plant parts, livestock

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1		and poultry and livestock or poultry products, seeds, sod,
2		shrubs and other products of agricultural origin including the
3		premises necessary to and used directly in agricultural
4		production. Agricultural commodity also includes aquatic
5		products, including any aquatic plants and animals or their
6		by-products that are produced, grown, managed, harvested and
7		marketed on an annual, semi-annual, biennial or short-term
8		basis, in permitted aquaculture facilities.
9		5. "Animal" means all vertebrate and invertebrate species
10		including, but not limited to, man and other mammals, bird,
11		fish, and shellfish.
12		5.5 "Barrier mosquitocide" means a pesticide that is
13		formulated to kill adult mosquitoes and that is applied so as
14		to leave a residual mosquitocidal coating on natural or
15		manmade surfaces.
16		5.6 "Barrier mosquitocide treatment" means application of
17		a barrier mosquitocide to a natural or manmade surface.
18		6. "Beneficial Insects" means those insects which during
19		their life cycle are effective pollinators of plants,
20		predators of pests or are otherwise beneficial.
21		7. "Certified applicator".
22		A. "Certified applicator" means any individual who is
23		certified under this Act to purchase, use, or supervise
24		the use of pesticides which are classified for restricted
25		use.
26		B. "Private applicator" means a certified applicator

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1		who purchases, uses, or supervises the use of any
2		pesticide classified for restricted use, for the purpose
3		of producing any agricultural commodity on property owned,
4		rented, or otherwise controlled by him or his employer, or
5		applied to other property if done without compensation
6		other than trading of personal services between no more
7		than 2 producers of agricultural commodities.
8		C. "Licensed Commercial Applicator" means a certified
9		applicator, whether or not he is a private applicator with
10		respect to some uses, who owns or manages a business that
11		is engaged in applying pesticides, whether classified for
12		general or restricted use, for hire. The term also applies
13		to a certified applicator who uses or supervises the use
14		of pesticides, whether classified for general or
15		restricted use, for any purpose or on property of others
16		excluding those specified by subparagraphs 7 (B), (D), (E)
17		of Section 4 of this Act.
18		D. "Commercial Not For Hire Applicator" means a
19		certified applicator who uses or supervises the use of
20		pesticides classified for general or restricted use for
21		any purpose on property of an employer when such activity
22		is a requirement of the terms of employment and such
23		application of pesticides under this certification is
24		limited to property under the control of the employer only
25		and includes, but is not limited to, the use or
26		supervision of the use of pesticides in a greenhouse

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1		setting. "Commercial Not For Hire Applicator" also
2		includes a certified applicator who uses or supervises the
3		use of pesticides classified for general or restricted use
4		as an employee of a state agency, municipality, or other
5		duly constituted governmental agency or unit.
6		8. "Defoliant" means any substance or combination of
7		substances which cause leaves or foliage to drop from a plant
8		with or without causing abscission.
9		9. "Desiccant" means any substance or combination of
10		substances intended for artificially accelerating the drying
11		of plant tissue.
12		10. "Device" means any instrument or contrivance, other
13		than a firearm or equipment for application of pesticides when
14		sold separately from pesticides, which is intended for
15		trapping, repelling, destroying, or mitigating any pest, other
16		than bacteria, virus, or other microorganisms on or living in
17		man or other living animals.
18		11. "Distribute" means offer or hold for sale, sell,
19		barter, ship, deliver for shipment, receive and then deliver,
20		or offer to deliver pesticides, within the State.
21		12. "Environment" includes water, air, land, and all
22		plants and animals including man, living therein and the
23		interrelationships which exist among these.
24		13. "Equipment" means any type of instruments and
25		contrivances using motorized, mechanical or pressure power
26		which is used to apply any pesticide, excluding pressurized

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1		hand-size household apparatus containing dilute ready to apply
2		pesticide or used to apply household pesticides.
3		14. "FIFRA" means the Federal Insecticide, Fungicide, and
4		Rodenticide Act, as amended.
5		15. "Fungi" means any non-chlorophyll bearing
6		thallophytes, any non-chlorophyll bearing plant of a lower
7		order than mosses or liverworts, as for example rust, smut,
8		mildew, mold, yeast and bacteria, except those on or in living
9		animals including man and those on or in processed foods,
10		beverages or pharmaceuticals.
11		16. "Household Substance" means any pesticide customarily
12		produced and distributed for use by individuals in or about
13		the household.
14		17. "Imminent Hazard" means a situation which exists when
15		continued use of a pesticide would likely result in
16		unreasonable adverse effect on the environment or will involve
17		unreasonable hazard to the survival of a species declared
18		endangered by the U.S. Secretary of the Interior or to species
19		declared to be protected by the Illinois Department of Natural
20		Resources.
21		18. "Inert Ingredient" means an ingredient which is not an
22		active ingredient.
23		19. "Ingredient Statement" means a statement of the name
24		and percentage of each active ingredient together with the
25		total percentage of inert ingredients in a pesticide and for
26		pesticides containing arsenic in any form, the ingredient

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1		statement shall include percentage of total and water soluble
2		arsenic, each calculated as elemental arsenic. In the case of
3		spray adjuvants the ingredient statement need contain only the
4		names of the functioning agents and the total percent of those
5		constituents ineffective as spray adjuvants.
6		20. "Insect" means any of the numerous small invertebrate
7		animals generally having the body more or less obviously
8		segmented for the most part belonging to the class Insects,
9		comprised of six-legged, usually winged forms, as for example
10		beetles, caterpillars, and flies. This definition encompasses
11		other allied classes of arthropods whose members are wingless
12		and usually have more than 6 legs as for example spiders,
13		mites, ticks, centipedes, and millipedes.
14		21. "Label" means the written, printed or graphic matter
15		on or attached to the pesticide or device or any of its
16		containers or wrappings.
17		22. "Labeling" means the label and all other written,
18		printed or graphic matter: (a) on the pesticide or device or
19		any of its containers or wrappings, (b) accompanying the
20		pesticide or device or referring to it in any other media used
21		to disseminate information to the public, (c) to which
22		reference is made to the pesticide or device except when
23		references are made to current official publications of the U.
24		S. Environmental Protection Agency, Departments of
25		Agriculture, Health, Education and Welfare or other Federal
26		Government institutions, the state experiment station or

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1		colleges of agriculture or other similar state institution
2		authorized to conduct research in the field of pesticides.
3		23. "Land" means all land and water area including
4		airspace, and all plants, animals, structures, buildings,
5		contrivances, and machinery appurtenant thereto or situated
6		thereon, fixed or mobile, including any used for
7		transportation.
8		24. "Licensed Operator" means a person employed to apply
9		pesticides to the lands of others under the direction of a
10		"licensed commercial applicator" or a "licensed commercial
11		not-for-hire applicator".
12		25. "Nematode" means invertebrate animals of the phylum
13		nemathelminthes and class nematoda, also referred to as nemas
14		or eelworms, which are unsegmented roundworms with elongated
15		fusiform or sac-like bodies covered with cuticle and
16		inhabiting soil, water, plants or plant parts.
17		26. "Permit" means a written statement issued by the
18		Director or his authorized agent, authorizing certain acts of
19		pesticide purchase or of pesticide use or application on an
20		interim basis prior to normal certification, registration, or
21		licensing.
22		27. "Person" means any individual, partnership,
23		association, fiduciary, corporation, or any organized group of
24		persons whether incorporated or not.
25		28. "Pest" means (a) any insect, rodent, nematode, fungus,
26		weed, or (b) any other form of terrestrial or aquatic plant or

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1		animal life or virus, bacteria, or other microorganism,
2		excluding virus, bacteria, or other microorganism on or in
3		living animals including man, which the Director declares to
4		be a pest.
5		29. "Pesticide" means any substance or mixture of
6		substances intended for preventing, destroying, repelling, or
7		mitigating any pest or any substance or mixture of substances
8		intended for use as a plant regulator, defoliant or desiccant.
9		30. "Pesticide Dealer" means any person who distributes
10		registered pesticides to the user.
11		31. "Plant Regulator" means any substance or mixture of
12		substances intended through physiological action to affect the
13		rate of growth or maturation or otherwise alter the behavior
14		of ornamental or crop plants or the produce thereof. This does
15		not include substances which are not intended as plant
16		nutrient trace elements, nutritional chemicals, plant or seed
17		inoculants or soil conditioners or amendments.
18		32. "Protect Health and Environment" means to guard
19		against any unreasonable adverse effects on the environment.
20		33. "Registrant" means person who has registered any
21		pesticide pursuant to the provision of FIFRA and this Act.
22		34. "Restricted Use Pesticide" means any pesticide with
23		one or more of its uses classified as restricted by order of
24		the Administrator of USEPA.
25		35. "SLN Registration" means registration of a pesticide
26		for use under conditions of special local need as defined by

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1		FIFRA.
2		36. "State Restricted Pesticide Use" means any pesticide
3		use which the Director determines, subsequent to public
4		hearing, that an additional restriction for that use is needed
5		to prevent unreasonable adverse effects.
6		37. "Structural Pest" means any pests which attack and
7		destroy buildings and other structures or which attack
8		clothing, stored food, commodities stored at food
9		manufacturing and processing facilities or manufactured and
10		processed goods.
11		38. "Unreasonable Adverse Effects on the Environment"
12		means the unreasonable risk to the environment, including man,
13		from the use of any pesticide, when taking into account
14		accrued benefits of as well as the economic, social, and
15		environmental costs of its use.
16		39. "USEPA" means United States Environmental Protection
17		Agency.
18		40. "Use inconsistent with the label" means to use a
19		pesticide in a manner not consistent with the label
20		instruction, the definition adopted in FIFRA as interpreted by
21		USEPA shall apply in Illinois.
22		41. "Weed" means any plant growing in a place where it is
23		not wanted.
24		42. "Wildlife" means all living things, not human,
25		domestic, or pests.
26		43. "Bulk pesticide" means any registered pesticide which

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1		is transported or held in an individual container in undivided
2		quantities of greater than 55 U.S. gallons liquid measure or
3		100 pounds net dry weight.
4		44. "Bulk repackaging" means the transfer of a registered
5		pesticide from one bulk container (containing undivided
6		quantities of greater than 100 U.S. gallons liquid measure or
7		100 pounds net dry weight) to another bulk container
8		(containing undivided quantities of greater than 100 U.S.
9		gallons liquid measure or 100 pounds net dry weight) in an
10		unaltered state in preparation for sale or distribution to
11		another person.
12		45. "Business" means any individual, partnership,
13		corporation or association engaged in a business operation for
14		the purpose of selling or distributing pesticides or providing
15		the service of application of pesticides in this State.
16		46. "Facility" means any building or structure and all
17		real property contiguous thereto, including all equipment
18		fixed thereon used for the operation of the business.
19		47. "Chemigation" means the application of a pesticide
20		through the systems or equipment employed for the primary
21		purpose of irrigation of land and crops.
22		48. "Use" means any activity covered by the pesticide
23		label including but not limited to application of pesticide,
24		mixing and loading, storage of pesticides or pesticide
25		containers, disposal of pesticides and pesticide containers
26		and reentry into treated sites or areas.

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1		(Source: P.A. 102-555, eff. 1-1-22.)
2		(415 ILCS 60/13.4 new)
3		Sec. 13.4. Barrier mosquitocides.
4		(a) Except as provided under subsection (e) and rules
5		adopted by the Department of Agriculture under subsection (b),
6		no commercial applicator shall apply a barrier mosquitocide
7		between October 15 and April 15.
8		(b) The Department of Agriculture may adopt rules allowing
9		for the application of barrier mosquitocides by commercial
10		applicators between October 15 and April 15, provided that the
11		Department of Agriculture determines, as a part of the
12		rulemaking proceeding, that there is evidence of a significant
13		unmet need for the commercial application of barrier
14		mosquitocides between October 15 and April 15 due to the
15		abundance of target mosquito populations in the State during
16		that period.
17		(c) A commercial applicator of a barrier mosquitocide
18		must, at a minimum:
19		(1) not apply a barrier mosquitocide when wind speeds
20		are greater than or equal to 10 miles per hour;
21		(2) be licensed under this Act and have completed the
22		additional licensure and testing requirements established
23		by the Department of Agriculture under subsection (d);
24		(3) erect, immediately following application of the
25		barrier mosquitocide, signage for residential properties

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1		treated with barrier mosquitocides that is comparable to
2		the notification requirements under subsection (a) of
3		Section 3 of the Lawn Care Products Application and Notice
4		Act; and
5		(4) provide, upon request and in a manner that is
6		comparable to the notification requirements under
7		subsection (d) of Section 3 of the Lawn Care Products
8		Application and Notice Act, a copy of the product labels
9		required for the barrier mosquitocide under the Federal
10		Insecticide Fungicide, and Rodenticide Act (FIFRA).
11		(d) The Department of Agriculture shall adopt rules to
12		expand its existing commercial applicator licensure and
13		testing program to include training in the residential
14		application of barrier mosquitocides. The training developed
15		by the Department of Agriculture shall include a course on
16		mosquito control and pollinator protection in the residential
17		environment and shall also include training in the following
18		topics:
19		(1) requirements for domestic inspections by
20		commercial applicators prior to application of barrier
21		mosquitocides;
22		(2) identification of mosquitoes in areas to be
23		treated with the barrier mosquitocide;
24		(3) distinguishing between species of mosquitoes;
25		(4) mosquito behavior, biology, and life cycle;
26		(5) pesticide-free source mosquito-reduction methods;

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1		(6) pesticide drift and the protection of bystanders
2		during pesticide application;
3		(7) pesticide label requirements;
4		(8) proper technique for application of barrier
5		mosquitocides;
6		(9) protection of pollinators from barrier
7		mosquitocides;
8		(10) mosquito-borne diseases;
9		(11) proper use of equipment for application of
10		mosquitocides;
11		(12) use of personal protective equipment during
12		application of barrier mosquitocides;
13		(13) areas where barrier mosquitocides cannot be
14		applied; and
15		(14) any other topic the Department of Agriculture
16		determines to be relevant.
17		(e) Any barrier mosquitocide treatment made for public
18		health purposes by or on behalf of a mosquito abatement
19		district, public health department, township, municipality, or
20		other unit of local government is exempt from this Section and
21		any rules adopted under this Section.
22		(f) The Department of Agriculture may partner with the
23		University of Illinois to develop and administer a voluntary
24		continuing education curriculum that includes as a curricular
25		element a unit on pollinator protection and ecological
26		protection.

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1		(415 ILCS 60/13.5 new)
2		Sec. 13.5. Mosquito misters prohibited. No person shall
3		install or use any residential automatic pesticide misting
4		system in this State. For purposes of this Section,
5		"residential automatic pesticide misting system" means any
6		device that is designed to be installed on, near, or around the
7		exterior of any residential dwelling or the grounds of a
8		residential dwelling and to automatically spray any pesticide
9		solution at timed intervals.