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SB0783 Enrolled LRB104 07111 BDA 17148 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 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
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,
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1 livestock and poultry and livestock or poultry products,
2 seeds, sod, shrubs and other products of agricultural origin
3 including the premises necessary to and used directly in
4 agricultural production. Agricultural commodity also includes
5 aquatic products, including any aquatic plants and animals or
6 their by-products that are produced, grown, managed, harvested
7 and 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, birds,
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. "Barrier mosquitocide" does not include a
16 product that is exempt from registration under the Federal
17 Insecticide, Fungicide, and Rodenticide Act, or rules adopted
18 pursuant to that Act.
19 5.6. "Barrier mosquitocide treatment" means application of
20 a barrier mosquitocide to a natural or manmade surface.
21 6. "Beneficial Insects" means those insects which during
22 their life cycle are effective pollinators of plants,
23 predators of pests or are otherwise beneficial.
24 7. "Certified applicator".
25 A. "Certified applicator" means any individual who is
26 certified under this Act to purchase, use, or supervise
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1 the use of pesticides which are classified for restricted
2 use.
3 B. "Private applicator" means a certified applicator
4 who purchases, uses, or supervises the use of any
5 pesticide classified for restricted use, for the purpose
6 of producing any agricultural commodity on property owned,
7 rented, or otherwise controlled by him or his employer, or
8 applied to other property if done without compensation
9 other than trading of personal services between no more
10 than 2 producers of agricultural commodities.
11 C. "Licensed Commercial Applicator" means a certified
12 applicator, whether or not he is a private applicator with
13 respect to some uses, who owns or manages a business that
14 is engaged in applying pesticides, whether classified for
15 general or restricted use, for hire. The term also applies
16 to a certified applicator who uses or supervises the use
17 of pesticides, whether classified for general or
18 restricted use, for any purpose or on property of others
19 excluding those specified by subparagraphs 7 (B), (D), (E)
20 of Section 4 of this Act.
21 D. "Commercial Not For Hire Applicator" means a
22 certified applicator who uses or supervises the use of
23 pesticides classified for general or restricted use for
24 any purpose on property of an employer when such activity
25 is a requirement of the terms of employment and such
26 application of pesticides under this certification is
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1 limited to property under the control of the employer only
2 and includes, but is not limited to, the use or
3 supervision of the use of pesticides in a greenhouse
4 setting. "Commercial Not For Hire Applicator" also
5 includes a certified applicator who uses or supervises the
6 use of pesticides classified for general or restricted use
7 as an employee of a state agency, municipality, or other
8 duly constituted governmental agency or unit.
9 8. "Defoliant" means any substance or combination of
10 substances which cause leaves or foliage to drop from a plant
11 with or without causing abscission.
12 9. "Desiccant" means any substance or combination of
13 substances intended for artificially accelerating the drying
14 of plant tissue.
15 10. "Device" means any instrument or contrivance, other
16 than a firearm or equipment for application of pesticides when
17 sold separately from pesticides, which is intended for
18 trapping, repelling, destroying, or mitigating any pest, other
19 than bacteria, virus, or other microorganisms on or living in
20 man or other living animals.
21 11. "Distribute" means offer or hold for sale, sell,
22 barter, ship, deliver for shipment, receive and then deliver,
23 or offer to deliver pesticides, within the State.
24 12. "Environment" includes water, air, land, and all
25 plants and animals including man, living therein and the
26 interrelationships which exist among these.
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1 13. "Equipment" means any type of instruments and
2 contrivances using motorized, mechanical or pressure power
3 which is used to apply any pesticide, excluding pressurized
4 hand-size household apparatus containing dilute ready to apply
5 pesticide or used to apply household pesticides.
6 14. "FIFRA" means the Federal Insecticide, Fungicide, and
7 Rodenticide Act, as amended.
8 15. "Fungi" means any non-chlorophyll bearing
9 thallophytes, any non-chlorophyll bearing plant of a lower
10 order than mosses or liverworts, as for example rust, smut,
11 mildew, mold, yeast and bacteria, except those on or in living
12 animals including man and those on or in processed foods,
13 beverages or pharmaceuticals.
14 16. "Household Substance" means any pesticide customarily
15 produced and distributed for use by individuals in or about
16 the household.
17 17. "Imminent Hazard" means a situation which exists when
18 continued use of a pesticide would likely result in
19 unreasonable adverse effects on the environment or will
20 involve unreasonable hazard to the survival of a species
21 declared endangered by the U.S. Secretary of the Interior or
22 to species declared to be protected by the Illinois Department
23 of Natural Resources.
24 18. "Inert Ingredient" means an ingredient which is not an
25 active ingredient.
26 19. "Ingredient Statement" means a statement of the name
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1 and percentage of each active ingredient together with the
2 total percentage of inert ingredients in a pesticide and for
3 pesticides containing arsenic in any form, the ingredient
4 statement shall include percentage of total and water soluble
5 arsenic, each calculated as elemental arsenic. In the case of
6 spray adjuvants the ingredient statement need contain only the
7 names of the functioning agents and the total percent of those
8 constituents ineffective as spray adjuvants.
9 20. "Insect" means any of the numerous small invertebrate
10 animals generally having the body more or less obviously
11 segmented for the most part belonging to the class Insects,
12 comprised of six-legged, usually winged forms, as for example
13 beetles, caterpillars, and flies. This definition encompasses
14 other allied classes of arthropods whose members are wingless
15 and usually have more than 6 legs as for example spiders,
16 mites, ticks, centipedes, and millipedes.
17 21. "Label" means the written, printed or graphic matter
18 on or attached to the pesticide or device or any of its
19 containers or wrappings.
20 22. "Labeling" means the label and all other written,
21 printed or graphic matter: (a) on the pesticide or device or
22 any of its containers or wrappings, (b) accompanying the
23 pesticide or device or referring to it in any other media used
24 to disseminate information to the public, (c) to which
25 reference is made to the pesticide or device except when
26 references are made to current official publications of the U.
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1 S. Environmental Protection Agency, Departments of
2 Agriculture, Health, Education and Welfare or other Federal
3 Government institutions, the state experiment station or
4 colleges of agriculture or other similar state institution
5 authorized to conduct research in the field of pesticides.
6 23. "Land" means all land and water area including
7 airspace, and all plants, animals, structures, buildings,
8 contrivances, and machinery appurtenant thereto or situated
9 thereon, fixed or mobile, including any used for
10 transportation.
11 24. "Licensed Operator" means a person employed to apply
12 pesticides to the lands of others under the direction of a
13 "licensed commercial applicator" or a "licensed commercial
14 not-for-hire applicator".
15 25. "Nematode" means invertebrate animals of the phylum
16 nemathelminthes and class nematoda, also referred to as nemas
17 or eelworms, which are unsegmented roundworms with elongated
18 fusiform or sac-like bodies covered with cuticle and
19 inhabiting soil, water, plants or plant parts.
20 26. "Permit" means a written statement issued by the
21 Director or his authorized agent, authorizing certain acts of
22 pesticide purchase or of pesticide use or application on an
23 interim basis prior to normal certification, registration, or
24 licensing.
25 27. "Person" means any individual, partnership,
26 association, fiduciary, corporation, or any organized group of
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1 persons whether incorporated or not.
2 28. "Pest" means (a) any insect, rodent, nematode, fungus,
3 weed, or (b) any other form of terrestrial or aquatic plant or
4 animal life or virus, bacteria, or other microorganism,
5 excluding virus, bacteria, or other microorganism on or in
6 living animals including man, which the Director declares to
7 be a pest.
8 29. "Pesticide" means any substance or mixture of
9 substances intended for preventing, destroying, repelling, or
10 mitigating any pest or any substance or mixture of substances
11 intended for use as a plant regulator, defoliant or desiccant.
12 30. "Pesticide Dealer" means any person who distributes
13 registered pesticides to the user.
14 31. "Plant Regulator" means any substance or mixture of
15 substances intended through physiological action to affect the
16 rate of growth or maturation or otherwise alter the behavior
17 of ornamental or crop plants or the produce thereof. This does
18 not include substances which are not intended as plant
19 nutrient trace elements, nutritional chemicals, plant or seed
20 inoculants or soil conditioners or amendments.
21 32. "Protect Health and Environment" means to guard
22 against any unreasonable adverse effects on the environment.
23 33. "Registrant" means a person who has registered any
24 pesticide pursuant to the provision of FIFRA and this Act.
25 34. "Restricted Use Pesticide" means any pesticide with
26 one or more of its uses classified as restricted by order of
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1 the Administrator of USEPA.
2 35. "SLN Registration" means registration of a pesticide
3 for use under conditions of special local need as defined by
4 FIFRA.
5 36. "State Restricted Pesticide Use" means any pesticide
6 use which the Director determines, subsequent to public
7 hearing, that an additional restriction for that use is needed
8 to prevent unreasonable adverse effects.
9 37. "Structural Pest" means any pests which attack and
10 destroy buildings and other structures or which attack
11 clothing, stored food, commodities stored at food
12 manufacturing and processing facilities or manufactured and
13 processed goods.
14 38. "Unreasonable Adverse Effects on the Environment"
15 means the unreasonable risk to the environment, including man,
16 from the use of any pesticide, when taking into account
17 accrued benefits of as well as the economic, social, and
18 environmental costs of its use.
19 39. "USEPA" means United States Environmental Protection
20 Agency.
21 40. "Use inconsistent with the label" means to use a
22 pesticide in a manner not consistent with the label
23 instruction, the definition adopted in FIFRA as interpreted by
24 USEPA shall apply in Illinois.
25 41. "Weed" means any plant growing in a place where it is
26 not wanted.
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1 42. "Wildlife" means all living things, not human,
2 domestic, or pests.
3 43. "Bulk pesticide" means any registered pesticide which
4 is transported or held in an individual container in undivided
5 quantities of greater than 55 U.S. gallons liquid measure or
6 100 pounds net dry weight.
7 44. "Bulk repackaging" means the transfer of a registered
8 pesticide from one bulk container (containing undivided
9 quantities of greater than 100 U.S. gallons liquid measure or
10 100 pounds net dry weight) to another bulk container
11 (containing undivided quantities of greater than 100 U.S.
12 gallons liquid measure or 100 pounds net dry weight) in an
13 unaltered state in preparation for sale or distribution to
14 another person.
15 45. "Business" means any individual, partnership,
16 corporation or association engaged in a business operation for
17 the purpose of selling or distributing pesticides or providing
18 the service of application of pesticides in this State.
19 46. "Facility" means any building or structure and all
20 real property contiguous thereto, including all equipment
21 fixed thereon used for the operation of the business.
22 47. "Chemigation" means the application of a pesticide
23 through the systems or equipment employed for the primary
24 purpose of irrigation of land and crops.
25 48. "Use" means any activity covered by the pesticide
26 label, including, but not limited to, application of
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1 pesticide, mixing and loading, storage of pesticides or
2 pesticide containers, disposal of pesticides and pesticide
3 containers and reentry into treated sites or areas.
4 49. "Education course" means a course approved by the
5 Department of Agriculture that may be used by a certified
6 applicator, licensed operator, or registered pesticide dealer
7 to meet renewal requirements under the Act.
8 50. "License transfer" means the transfer of an existing
9 license or certification by the Department from one certified
10 applicator or operator to another certified applicator or
11 operator for the period of time remaining on the license
12 before renewal.
13 (Source: P.A. 102-555, eff. 1-1-22; 102-916, eff. 1-1-23;
14 103-154, eff. 6-30-23.)
15 (415 ILCS 60/6) (from Ch. 5, par. 806)
16 Sec. 6. Registration.
17 1. Every pesticide which is distributed, sold, offered for
18 sale within this State, delivered for transportation or
19 transported in interstate commerce or between points within
20 the State through any point outside the State, shall be
21 registered with the Director or his designated agent, subject
22 to provisions of this Act. Such registration shall be for a
23 period determined under item 1.5 of this Section and shall
24 expire on December 31st. Registration is not required if a
25 pesticide is shipped from one plant or warehouse to another
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1 plant or warehouse by the same person and is used solely at
2 such plant or warehouse as a constituent part to make a
3 pesticide which is registered under provisions of this Act and
4 FIFRA.
5 1.5. In order to stagger product registrations, the
6 Department shall, for the 2011 registration year, register
7 half of the applicants and their products for one year and the
8 other half for 2 years. Thereafter, a business registration
9 and product registration shall be for 2 years.
10 2. Registration applicant shall file a statement with the
11 Director which shall include:
12 A. The name and address of the applicant and the name
13 and address of the person whose name will appear on the
14 label if different from the applicant's.
15 B. The name of the pesticide.
16 C. A copy of the labeling accompanying the pesticide
17 under customary conditions of distribution, sale and use,
18 including ingredient statement, direction for use, use
19 classification, and precautionary or warning statements.
20 3. The Director may require the submission of complete
21 formula data.
22 4. The Director may require a full description of tests
23 made and the results thereof, upon which the claims are based,
24 for any pesticide not registered pursuant to FIFRA, or on any
25 pesticide under consideration to be classified for restricted
26 use.
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1 A. The Director will not consider data he required of
2 the initial registrant of a pesticide in support of
3 another applicants' registration unless the subsequent
4 applicant has obtained written permission to use such
5 data.
6 B. In the case of renewal registration, the Director
7 may accept a statement only with respect to information
8 which is different from that furnished previously.
9 5. The Director may prescribe other requirements to
10 support a pesticide registration by regulation.
11 6. For the years preceding the year 2004, any registrant
12 desiring to register a pesticide product at any time during
13 one year shall pay the annual registration fee of $100 per
14 product registered for that applicant. For the years 2004
15 through 2010, the annual product registration fee is $200 per
16 product. For the years 2011 through 2023, the product
17 registration fee shall be $600 per product per 2-year
18 registration period and shall be paid at the time of
19 registration. For the years 2024 through 2025 and thereafter,
20 the product registration fee shall be $800 per product per
21 2-year registration period and shall be paid at the time of
22 registration. For the year 2026 and for each year thereafter,
23 the product registration fee shall be $850 per product per
24 2-year registration period and shall be paid at the time of
25 registration.
26 In addition, for the years preceding the year 2004 any
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1 business registering a pesticide product at any time during
2 one year shall pay the annual business registration fee of
3 $250. For the years 2004 through 2010, the annual business
4 registration fee shall be $400. For the years 2011 through
5 2023, the business registration fee shall be $800 per 2-year
6 registration period and shall be paid at the time of
7 registration. For the years 2024 through 2025 and thereafter,
8 the business registration fee shall be $1000 per 2-year
9 registration period and shall be paid at the time of
10 registration. For the year 2026 and for each year thereafter,
11 the business registration fee shall be $1,050 per 2-year
12 registration period and shall be paid at the time of
13 registration. Each legal entity of the business shall pay the
14 business registration fee.
15 For the years preceding the year 2004, any applicant
16 requesting an experimental use permit shall pay the annual fee
17 of $100 per permit and all special local need pesticide
18 registration applicants shall pay an annual fee of $100 per
19 product. For the years 2004 through 2010, the annual
20 experimental use permit fee and special local need pesticide
21 registration fee is $200 per permit. For the years 2011 and
22 thereafter, the annual experimental use permit and special
23 local need pesticide registration fee shall be $300 per
24 product. Subsequent SLN registrations for a pesticide already
25 registered shall be exempted from the registration fee.
26 A. All registration accepted and approved by the
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1 Director shall expire on the 31st day of December in any
2 one year unless cancelled. Registration for a special
3 local need may be granted for a specific period of time
4 with the approval date and expiration date specified.
5 B. If a registration for special local need granted by
6 the Director does not receive approval of the
7 Administrator of USEPA, the registration shall expire on
8 the date of the Administrator's disapproval.
9 7. Registrations approved and accepted by the Director and
10 in effect on the 31st day of December, for which renewal
11 application is made, shall continue in full force and effect
12 until the Director notifies the registrant that the renewal
13 has been approved and accepted or the registration is denied
14 under this Act. Renewal registration forms will be provided to
15 applicants by the Director.
16 8. If the renewal of a pesticide registration is not filed
17 within 30 days of the date of expiration, a penalty late
18 registration assessment of $100 per product shall apply in
19 addition to the regular product registration fee. The late
20 registration assessment shall not apply if the applicant
21 furnishes an affidavit certifying that no unregulated
22 pesticide was distributed or sold during the period of
23 registration. The late assessment is not a bar to prosecution
24 for doing business without proper registry.
25 9. The Director may prescribe by regulation to allow
26 pesticide use for a special local need, pursuant to FIFRA.
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1 10. The Director may prescribe by regulation the
2 provisions for and requirements of registering a pesticide
3 intended for experimental use.
4 11. The Director shall not make any lack of essentiality a
5 criterion for denial of registration of any pesticide. Where 2
6 pesticides meet the requirements, one should not be registered
7 in preference to the other.
8 12. It shall be the duty of the pesticide registrant to
9 properly dispose of any pesticide the registration of which
10 has been suspended, revoked or cancelled or which is otherwise
11 not properly registered in the State.
12 (Source: P.A. 103-441, eff. 1-1-24.)
13 (415 ILCS 60/10) (from Ch. 5, par. 810)
14 Sec. 10. Commercial applicator license. No commercial
15 applicator shall use or supervise the use of any pesticide
16 without a commercial license issued by the Director. For the
17 years preceding the year 2001, the Director shall require an
18 annual fee for commercial applicator license of $35. For the
19 years 2001, 2002, 2003, 2004, 2005, and 2006, the annual fee
20 for a commercial applicator license is $45. For the years 2007
21 through 2017, the annual fee for a commercial applicator
22 license is $60. For the years 2018 through 2023, the fee for a
23 multi-year commercial applicator license is $180. For the
24 years 2024 through 2025 and thereafter, the fee for a
25 multi-year commercial applicator license is $240. For the year
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1 2026 and for each year thereafter, the fee for a multi-year
2 commercial applicator license is $300 The late application fee
3 for a commercial applicator license shall be $20 in addition
4 to the normal license fee. A commercial applicator shall be
5 assessed a fee of $25 $10 for a duplicate license or license
6 transfer.
7 1. Application for the commercial applicator license shall
8 be made in writing on designated forms available from the
9 Director. Each application shall contain information regarding
10 the applicants qualifications, nature of the proposed
11 operation, classification of license being sought, and shall
12 include the following:
13 A. The full name of the applicant.
14 B. The address of the applicant.
15 C. Any necessary information prescribed by the
16 Director on the designated application form.
17 2. An applicant for a license shall demonstrate competence
18 and knowledge regarding pesticide use in accordance with
19 Section 9 of this Act.
20 3. A licensed commercial applicator must provide to the
21 Director at the time of original licensing and must maintain
22 throughout the licensure period evidence of financial
23 responsibility protecting persons who may suffer personal
24 injury or property damage or both as a result of the pesticide
25 operation of the applicant in either of the following manners:
26 A. Evidence of responsibility may be provided in the
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1 form of a surety bond for each licensed commercial
2 applicator naming the licensed commercial applicator as
3 principal of the bond. The amount of the bond shall be not
4 less than $50,000 per year. It is permissible to provide
5 two bonds; one for $25,000 for bodily injury liability and
6 the second for $25,000 for property damage liability. The
7 bond or bonds shall be made payable to the Director of
8 Agriculture, State of Illinois, for the benefit of the
9 injured party and shall be conditioned upon compliance
10 with the provisions of this Act by the principal, his or
11 her officers, representatives and employees; or
12 B. Evidence of responsibility may be provided in the
13 form of a certificate of liability insurance providing
14 coverage for each licensed commercial applicator or
15 licensed entity in the amount of not less than $50,000 per
16 person, $100,000 per occurrence bodily injury liability
17 coverage, with an annual aggregate of not less than
18 $500,000, and $50,000 per occurrence property damage
19 liability, with an annual aggregate of not less than
20 $50,000; or, in lieu thereof, a combined single limit of
21 not less than $100,000 bodily injury and property damage
22 liability combined, with an annual aggregate of not less
23 than $500,000.
24 4. Every insurance policy or bond shall contain a
25 provision that it will not be cancelled or reduced by the
26 principal or insurance company, except upon 30 days prior
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1 notice in writing to the Director of the Department at the
2 Springfield, Illinois office and the principal insured. A
3 reduction or cancellation of policy shall not affect the
4 liability accrued or which may accrue under such policy before
5 the expiration of the 30 days. The notice shall contain the
6 termination date. Upon said reduction or cancellation, the
7 Director shall immediately notify the licensee that his or her
8 license will be suspended and the effective date until the
9 minimum bond or liability insurance requirements are met by
10 the licensee for the current license period.
11 5. Nothing in this Act shall be construed to relieve any
12 person from liability for any damage to persons or property
13 caused by use of pesticides even though such use conforms to
14 label instructions and pertinent rules and regulations of this
15 State.
16 6. The Director may renew any applicant's license in the
17 classifications for which such applicant is licensed, subject
18 to requalification requirements imposed by the Director.
19 Requalification standards shall be prescribed by regulations
20 adopted pursuant to this Act and are required to ensure that
21 the licensed commercial applicator meets the requirements of
22 changing technology and to assure a continued level of
23 competence and ability.
24 7. The Director may limit the license of an applicant to
25 allow only the use of certain pesticides in a delimited
26 geographic area, or to the use of certain application
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1 techniques or equipment. If a license is not issued as applied
2 for, the Director shall inform the applicant in writing of the
3 reasons and extend an opportunity for the applicant to
4 complete the requirements for the license desired.
5 8. For the purpose of uniformity, the Director may enter
6 into agreements for accepting standards of qualification of
7 other states as a basis for licensing commercial applicators.
8 (Source: P.A. 103-441, eff. 1-1-24.)
9 (415 ILCS 60/11) (from Ch. 5, par. 811)
10 Sec. 11. Certified pesticide applicators and private
11 applicators. No person shall use or supervise the use of
12 pesticides classified for restricted use without a license
13 issued by the Director. Persons licensed or desiring to be
14 licensed as certified pesticide applicators shall comply with
15 the certification requirements as set forth in Section 9 of
16 this Act in order to protect public health and the
17 environment, including injury to the applicator or other
18 persons using these pesticides.
19 An applicant for certification as a private pesticide
20 applicator shall meet qualification requirements prescribed by
21 regulation. Certification shall be valid for the calendar year
22 in which the certification is issued plus 2 additional
23 calendar years, expiring on December 31st. The application for
24 certification shall be made in writing to the Director, on
25 forms available from the Director or the local county
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1 agricultural extension adviser's office and be accompanied by
2 payment of a $10 license fee in the years preceding the year
3 2001. During the years 2001, 2002, 2003, 2004, 2005, and 2006,
4 the private pesticide applicator license fee shall be $15.
5 During the years 2007 through 2010, the private pesticide
6 applicator license fee shall be $20. For the years 2011
7 through 2023, the private pesticide applicator license fee
8 shall be $30. For the years 2024 through 2025 and thereafter,
9 the private pesticide applicator license fee shall be $60. For
10 the year 2026 and for each year thereafter, the private
11 pesticide applicator license fee shall be $90. A private
12 pesticide applicator shall be assessed a fee of $5 for a
13 duplicate license or license transfer. Such application shall
14 include:
15 A. The full name of the applicant.
16 B. The mailing address of the applicant.
17 C. The documents required as evidence of competence
18 and knowledge regarding the use of pesticides.
19 Certification, as a private pesticide applicator, issued
20 by the Director shall be valid for a period prescribed by
21 regulation. The Director shall develop regulatory standards to
22 ensure that certified private pesticide applicators continue
23 to meet the requirements of a changing technology and assure a
24 continued level of competence and ability.
25 (Source: P.A. 103-441, eff. 1-1-24.)
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1 (415 ILCS 60/11.1) (from Ch. 5, par. 811.1)
2 Sec. 11.1. Commercial not-for-hire license. No commercial
3 not-for-hire applicator shall use or supervise the use of any
4 pesticide without a license issued by the Director. For the
5 years 2011 through 2017, the commercial not-for-hire pesticide
6 applicator license fee shall be $20. For the years 2018
7 through 2023, the fee for a multi-year commercial not-for-hire
8 pesticide applicator license is $60. For the years 2024
9 through 2025 and thereafter, the fee for a multi-year
10 commercial not-for-hire pesticide applicator license is $120.
11 For the year 2026 and for each year thereafter, the fee for a
12 multi-year commercial not-for-hire pesticide applicator
13 license is $180 The late application fee for a public or
14 commercial not-for-hire applicator license shall be $20 in
15 addition to the normal license fees. A commercial not-for-hire
16 applicator shall be assessed a fee of $20 $10 for a duplicate
17 license or license transfer.
18 1. Application for certification as a commercial
19 not-for-hire pesticide applicator shall be made in writing on
20 designated forms available from the Director. Each application
21 shall contain information regarding the qualifications of the
22 applicant, classification of certification being sought, and
23 shall include the following:
24 A. The full name of the applicant.
25 B. The name of the applicant's employer.
26 C. The address at the applicant's place of employment.
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1 D. Any other information prescribed by the Director on
2 the designated form.
3 2. The Director shall not issue a certification to a
4 commercial not-for-hire pesticide applicator until the
5 individual identified has demonstrated his competence and
6 knowledge regarding pesticide use in accordance with Section 9
7 of this Act.
8 3. The Director shall not renew a certification as a
9 commercial not-for-hire pesticide applicator until the
10 applicant reestablishes his qualifications in accordance with
11 Section 9 of this Act or has met other requirements imposed by
12 regulation in order to ensure that the applicant meets the
13 requirements of changing technology and to assure a continued
14 level of competence and ability.
15 4. (Blank).
16 5. (Blank).
17 6. (Blank).
18 7. Persons applying general use pesticides, approved by
19 the Inter-Agency Committee on the Use of Pesticides, to scrap
20 tires for the control of mosquitoes shall be exempt from the
21 license requirements of this Section.
22 (Source: P.A. 103-441, eff. 1-1-24.)
23 (415 ILCS 60/11.5 new)
24 Sec. 11.5. Operator permit and certified applicator and
25 dealer license renewal.
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1 1. Subject to appropriation, sufficient available
2 education courses, and successful procurement and
3 implementation of any requisite tracking software, certified
4 applicators, licensed operators, or registered pesticide
5 dealers may elect to take education courses or an examination
6 to meet the requirements for the renewal of certifications,
7 licenses, permits, or registrations under this Act.
8 2. Before renewing a certification, license, permit, or
9 registration under this Act, a certified applicator, licensed
10 operator, or registered pesticide dealer must demonstrate
11 competence and ability in the use of pesticides and an
12 understanding of the requirements of this Act by either (i)
13 successfully completing an examination administered by the
14 Department or its designee every 3 years or (ii) successfully
15 completing 15 hours of Department-approved education courses
16 every 3 years.
17 3. In approving education courses and the providers of
18 education courses, the Department may consult with other
19 agencies and non-State entities with interests affected by the
20 Act. However, the Department shall have ultimate
21 decision-making authority with respect to the approval of
22 education courses.
23 A. To be approved by the Department, an education
24 course must be offered by an entity with significant
25 familiarity and understanding of the Act and with
26 pesticide application in Illinois.
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1 B. Presentations or classes advocating for specific
2 products, services, or the sale or use of specific
3 products or services shall not be approved. This
4 restriction shall not apply to courses that are offered by
5 a person subject to this Section and intended to cover the
6 proper use of the person's product, so long as the course
7 provider does not advocate for or attempt to persuade the
8 attendee to use that specific product.
9 4. Any education course used to meet the requirements for
10 certification, license, permit, or registration renewal shall
11 include all topics, laws, and rules that are contained in the
12 examination for that certification, license, permit, or
13 registration as provided for in the Department's
14 administrative rules.
15 5. Any person choosing to meet renewal requirements by
16 attending education courses under this Section shall be
17 responsible for tracking the number of hours of education
18 courses completed. Failure to attend the required number of
19 hours of education courses will result in the person having to
20 take the examination.
21 6. The Department may adopt rules to implement and
22 administer this Section, including administrative rules
23 related to education courses and their content, provider
24 restrictions and requirements, and any related topic that the
25 Department deems necessary or appropriate to implement and
26 maintain the education course program described in this
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1 Section.
2 (415 ILCS 60/12) (from Ch. 5, par. 812)
3 Sec. 12. Licensed operator. No pesticide operator shall
4 use any pesticides without a pesticide operator license issued
5 by the Director.
6 1. Application for an operator license shall be made in
7 writing on designated forms available from the Director. Each
8 application shall contain information regarding the nature of
9 applicants pesticide use, his qualifications, and such other
10 facts as prescribed on the form. The application shall also
11 include the following:
12 A. The full name of applicant.
13 B. The address of the applicant.
14 C. The name of and license/certification number of the
15 pesticide applicator under whom the applicant will work.
16 2. The Director shall not issue a pesticide operator
17 license until the individual identified has demonstrated his
18 competence and knowledge regarding pesticide use in accordance
19 with Section 9 of this Act.
20 3. The Director shall not issue an operator license to any
21 person who is unable to provide the name and
22 license/certification number of an applicator under whom the
23 operator will work.
24 4. For the years preceding the year 2001, a licensed
25 commercial operator working for or under the supervision of a
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1 certified licensed commercial pesticide applicator shall pay
2 an annual fee of $25. For the years 2001, 2002, and 2003, the
3 annual fee for a commercial operator license is $30. For the
4 years 2004, 2005, and 2006, the annual fee for a commercial
5 operator license is $35. For the years 2007 through 2017, the
6 annual fee for a commercial operator license is $40. For the
7 years 2018 through 2023, the fee for a multi-year commercial
8 operator license is $120. For the years 2024 through 2025 and
9 thereafter, the fee for a multi-year commercial operator
10 license is $180. For the year 2026 and for each year
11 thereafter, the fee for a multi-year commercial operator
12 license is $240 The late application fee for an operator
13 license shall be $20 in addition to the normal license fee. A
14 licensed operator shall be assessed a fee of $20 $10 for a
15 duplicate license or license transfer.
16 5. For the years 2011 through 2017, the commercial
17 not-for-hire pesticide operator license fee shall be $15. For
18 the years 2018 through 2023, the fee for a multi-year
19 commercial not-for-hire pesticide operator license is $45. For
20 the years 2024 through 2025 and thereafter, the fee for a
21 multi-year commercial not-for-hire pesticide operator license
22 is $90. For the year 2026 and for each year thereafter, the fee
23 for a multi-year commercial not-for-hire-pesticide operator
24 license is $150 The late application fee for a commercial
25 not-for-hire operator license shall be $20 in addition to the
26 normal license fee. A commercial not-for-hire operator shall
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1 be assessed a fee of $15 $10 for a duplicate license.
2 (Source: P.A. 103-441, eff. 1-1-24.)
3 (415 ILCS 60/13) (from Ch. 5, par. 813)
4 Sec. 13. Pesticide dealers. Any pesticide dealer who sells
5 Restricted Use pesticides shall be registered with the
6 Department on forms provided by the Director. Beginning July
7 1, 2005, any pesticide dealer that sells non-restricted use
8 pesticides for use in the production of an agricultural
9 commodity in containers with a capacity of 2.5 gallons or
10 greater or 10 pounds or greater must also register with the
11 Department on forms provided by the Director. Through 2017,
12 registration shall consist of passing a required examination
13 and payment of a $100 registration fee. For the years 2018
14 through 2023, the pesticide dealer registration fee for a
15 multi-year registration period is $300. For the years 2024
16 through 2025 and thereafter, the pesticide dealer registration
17 fee for a multi-year registration period is $350. For the year
18 2026 and for each year thereafter, the pesticide dealer
19 registration fee for a multi-year registration period is $360
20 The late application fee for a pesticide dealer registration
21 shall be $20 in addition to the normal pesticide dealer
22 registration fee. A pesticide dealer shall be assessed a fee
23 of $30 $10 for a duplicate registration or license transfer.
24 Dealers who hold a Structural Pest Control license with
25 the Illinois Department of Public Health or a Commercial
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1 Applicator's license with the Illinois Department of
2 Agriculture are exempt from the registration fee but must
3 register with the Department.
4 Each place of business which sells restricted use
5 pesticides or non-restricted pesticides for use in the
6 production of an agricultural commodity in containers with a
7 capacity of 2.5 gallons or greater or 10 pounds or greater
8 shall be considered a separate entity for the purpose of
9 registration.
10 Registration as a pesticide dealer shall expire on
11 December 31 of the year in which it is to expire. Pesticide
12 dealers shall be certified in accordance with Section 9 of
13 this Act.
14 The Director may prescribe, by rule, requirements for the
15 registration and testing of any pesticide dealer selling other
16 than restricted use pesticides and such rules shall include
17 the establishment of a registration fee in an amount not to
18 exceed the pesticide dealer registration fee.
19 The Department may refuse to issue or may suspend the
20 registration of any person who fails to file a return, or to
21 pay the tax, penalty, or interest shown in a filed return, or
22 to pay any final assessment of tax, penalty, or interest, as
23 required by any tax Act administered by the Illinois
24 Department of Revenue, until such time as the requirements of
25 any such tax Act are satisfied.
26 (Source: P.A. 103-441, eff. 1-1-24.)Every fact on this page links to its source, starting with the official bill record.