Bill Text: IL HB3636 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Pesticide Act. Authorizes the Director of the Department of Agriculture to classify a pesticide as a restricted use pesticide. Includes pesticides containing a neonicotinoid as a restricted use pesticide. Defines "neonicotinoid". Provides that no pesticide containing a neonicotinoid may be used outdoors on any public land owned or maintained by the State, except for use in structural pest control or abatement of Agrilus planipennis. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-05-22 - Added Co-Sponsor Rep. Jonathan "Yoni" Pizer [HB3636 Detail]

Download: Illinois-2019-HB3636-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3636 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED:
415 ILCS 60/4 from Ch. 5, par. 804
415 ILCS 60/14.1 new
Amends the Illinois Pesticide Act. Authorizes the Director of the Department of Agriculture to classify a pesticide as a restricted use pesticide. Includes pesticides containing a neonicotinoid as a restricted use pesticide. Defines "neonicotinoid". Provides that no pesticide containing a neonicotinoid may be used outdoors on any public land owned or maintained by the State, except for use in structural pest control or abatement of Agrilus planipennis. Effective immediately.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pesticide Act is amended by
changing Section 4 and by adding Section 14.1 as follows:
(415 ILCS 60/4) (from Ch. 5, par. 804)
Sec. 4. Definitions. As used in this Act:
1. "Director" means Director of the Illinois Department of
Agriculture or his authorized representative.
2. "Active Ingredient" means any ingredient which will
prevent, destroy, repel, control or mitigate a pest or which
will act as a plant regulator, defoliant or desiccant.
3. "Adulterated" shall apply to any pesticide if the
strength or purity is not within the standard of quality
expressed on the labeling under which it is sold, distributed
or used, including any substance which has been substituted
wholly or in part for the pesticide as specified on the
labeling under which it is sold, distributed or used, or if any
valuable constituent of the pesticide has been wholly or in
part abstracted.
4. "Agricultural Commodity" means produce of the land
including but not limited to plants and plant parts, livestock
and poultry and livestock or poultry products, seeds, sod,

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shrubs and other products of agricultural origin including the
premises necessary to and used directly in agricultural
production. Agricultural commodity also includes aquatic
products as defined in the Aquaculture Development Act.
5. "Animal" means all vertebrate and invertebrate species
including, but not limited to, man and other mammals, bird,
fish, and shellfish.
6. "Beneficial Insects" means those insects which during
their life cycle are effective pollinators of plants, predators
of pests or are otherwise beneficial.
7. "Certified applicator".
A. "Certified applicator" means any individual who is
certified under this Act to purchase, use, or supervise the
use of pesticides which are classified for restricted use.
B. "Private applicator" means a certified applicator
who purchases, uses, or supervises the use of any pesticide
classified for restricted use, for the purpose of producing
any agricultural commodity on property owned, rented, or
otherwise controlled by him or his employer, or applied to
other property if done without compensation other than
trading of personal services between no more than 2
producers of agricultural commodities.
C. "Licensed Commercial Applicator" means a certified
applicator, whether or not he is a private applicator with
respect to some uses, who owns or manages a business that
is engaged in applying pesticides, whether classified for

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general or restricted use, for hire. The term also applies
to a certified applicator who uses or supervises the use of
pesticides, whether classified for general or restricted
use, for any purpose or on property of others excluding
those specified by subparagraphs 7 (B), (D), (E) of Section
4 of this Act.
D. "Commercial Not For Hire Applicator" means a
certified applicator who uses or supervises the use of
pesticides classified for general or restricted use for any
purpose on property of an employer when such activity is a
requirement of the terms of employment and such application
of pesticides under this certification is limited to
property under the control of the employer only and
includes, but is not limited to, the use or supervision of
the use of pesticides in a greenhouse setting. "Commercial
Not For Hire Applicator" also includes a certified
applicator who uses or supervises the use of pesticides
classified for general or restricted use as an employee of
a state agency, municipality, or other duly constituted
governmental agency or unit.
8. "Defoliant" means any substance or combination of
substances which cause leaves or foliage to drop from a plant
with or without causing abscission.
9. "Desiccant" means any substance or combination of
substances intended for artificially accelerating the drying
of plant tissue.

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10. "Device" means any instrument or contrivance, other
than a firearm or equipment for application of pesticides when
sold separately from pesticides, which is intended for
trapping, repelling, destroying, or mitigating any pest, other
than bacteria, virus, or other microorganisms on or living in
man or other living animals.
11. "Distribute" means offer or hold for sale, sell,
barter, ship, deliver for shipment, receive and then deliver,
or offer to deliver pesticides, within the State.
12. "Environment" includes water, air, land, and all plants
and animals including man, living therein and the
interrelationships which exist among these.
13. "Equipment" means any type of instruments and
contrivances using motorized, mechanical or pressure power
which is used to apply any pesticide, excluding pressurized
hand-size household apparatus containing dilute ready to apply
pesticide or used to apply household pesticides.
14. "FIFRA" means the Federal Insecticide, Fungicide, and
Rodenticide Act, as amended.
15. "Fungi" means any non-chlorophyll bearing
thallophytes, any non-chlorophyll bearing plant of a lower
order than mosses or liverworts, as for example rust, smut,
mildew, mold, yeast and bacteria, except those on or in living
animals including man and those on or in processed foods,
beverages or pharmaceuticals.
16. "Household Substance" means any pesticide customarily

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produced and distributed for use by individuals in or about the
household.
17. "Imminent Hazard" means a situation which exists when
continued use of a pesticide would likely result in
unreasonable adverse effect on the environment or will involve
unreasonable hazard to the survival of a species declared
endangered by the U.S. Secretary of the Interior or to species
declared to be protected by the Illinois Department of Natural
Resources.
18. "Inert Ingredient" means an ingredient which is not an
active ingredient.
19. "Ingredient Statement" means a statement of the name
and percentage of each active ingredient together with the
total percentage of inert ingredients in a pesticide and for
pesticides containing arsenic in any form, the ingredient
statement shall include percentage of total and water soluble
arsenic, each calculated as elemental arsenic. In the case of
spray adjuvants the ingredient statement need contain only the
names of the functioning agents and the total percent of those
constituents ineffective as spray adjuvants.
20. "Insect" means any of the numerous small invertebrate
animals generally having the body more or less obviously
segmented for the most part belonging to the class Insects,
comprised of six-legged, usually winged forms, as for example
beetles, caterpillars, and flies. This definition encompasses
other allied classes of arthropods whose members are wingless

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and usually have more than 6 legs as for example spiders,
mites, ticks, centipedes, and millipedes.
21. "Label" means the written, printed or graphic matter on
or attached to the pesticide or device or any of its containers
or wrappings.
22. "Labeling" means the label and all other written,
printed or graphic matter: (a) on the pesticide or device or
any of its containers or wrappings, (b) accompanying the
pesticide or device or referring to it in any other media used
to disseminate information to the public, (c) to which
reference is made to the pesticide or device except when
references are made to current official publications of the U.
S. Environmental Protection Agency, Departments of
Agriculture, Health, Education and Welfare or other Federal
Government institutions, the state experiment station or
colleges of agriculture or other similar state institution
authorized to conduct research in the field of pesticides.
23. "Land" means all land and water area including
airspace, and all plants, animals, structures, buildings,
contrivances, and machinery appurtenant thereto or situated
thereon, fixed or mobile, including any used for
transportation.
24. "Licensed Operator" means a person employed to apply
pesticides to the lands of others under the direction of a
"licensed commercial applicator" or a "licensed commercial
not-for-hire applicator".

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25. "Nematode" means invertebrate animals of the phylum
nemathelminthes and class nematoda, also referred to as nemas
or eelworms, which are unsegmented roundworms with elongated
fusiform or sac-like bodies covered with cuticle and inhabiting
soil, water, plants or plant parts.
26. "Permit" means a written statement issued by the
Director or his authorized agent, authorizing certain acts of
pesticide purchase or of pesticide use or application on an
interim basis prior to normal certification, registration, or
licensing.
27. "Person" means any individual, partnership,
association, fiduciary, corporation, or any organized group of
persons whether incorporated or not.
28. "Pest" means (a) any insect, rodent, nematode, fungus,
weed, or (b) any other form of terrestrial or aquatic plant or
animal life or virus, bacteria, or other microorganism,
excluding virus, bacteria, or other microorganism on or in
living animals including man, which the Director declares to be
a pest.
29. "Pesticide" means any substance or mixture of
substances intended for preventing, destroying, repelling, or
mitigating any pest or any substance or mixture of substances
intended for use as a plant regulator, defoliant or desiccant.
30. "Pesticide Dealer" means any person who distributes
registered pesticides to the user.
31. "Plant Regulator" means any substance or mixture of

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substances intended through physiological action to affect the
rate of growth or maturation or otherwise alter the behavior of
ornamental or crop plants or the produce thereof. This does not
include substances which are not intended as plant nutrient
trace elements, nutritional chemicals, plant or seed
inoculants or soil conditioners or amendments.
32. "Protect Health and Environment" means to guard against
any unreasonable adverse effects on the environment.
33. "Registrant" means person who has registered any
pesticide pursuant to the provision of FIFRA and this Act.
34. "Restricted Use Pesticide" means any pesticide with one
or more of its uses classified as restricted by order of the
Administrator of USEPA or the Director, or any pesticide which
contains a neonicotinoid as defined in this Section.
35. "SLN Registration" means registration of a pesticide
for use under conditions of special local need as defined by
FIFRA.
36. "State Restricted Pesticide Use" means any pesticide
use which the Director determines, subsequent to public
hearing, that an additional restriction for that use is needed
to prevent unreasonable adverse effects.
37. "Structural Pest" means any pests which attack and
destroy buildings and other structures or which attack
clothing, stored food, commodities stored at food
manufacturing and processing facilities or manufactured and
processed goods.

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38. "Unreasonable Adverse Effects on the Environment"
means the unreasonable risk to the environment, including man,
from the use of any pesticide, when taking into account accrued
benefits of as well as the economic, social, and environmental
costs of its use.
39. "USEPA" means United States Environmental Protection
Agency.
40. "Use inconsistent with the label" means to use a
pesticide in a manner not consistent with the label
instruction, the definition adopted in FIFRA as interpreted by
USEPA shall apply in Illinois.
41. "Weed" means any plant growing in a place where it is
not wanted.
42. "Wildlife" means all living things, not human,
domestic, or pests.
43. "Bulk pesticide" means any registered pesticide which
is transported or held in an individual container in undivided
quantities of greater than 55 U.S. gallons liquid measure or
100 pounds net dry weight.
44. "Bulk repackaging" means the transfer of a registered
pesticide from one bulk container (containing undivided
quantities of greater than 100 U.S. gallons liquid measure or
100 pounds net dry weight) to another bulk container
(containing undivided quantities of greater than 100 U.S.
gallons liquid measure or 100 pounds net dry weight) in an
unaltered state in preparation for sale or distribution to

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another person.
45. "Business" means any individual, partnership,
corporation or association engaged in a business operation for
the purpose of selling or distributing pesticides or providing
the service of application of pesticides in this State.
46. "Facility" means any building or structure and all real
property contiguous thereto, including all equipment fixed
thereon used for the operation of the business.
47. "Chemigation" means the application of a pesticide
through the systems or equipment employed for the primary
purpose of irrigation of land and crops.
48. "Use" means any activity covered by the pesticide label
including but not limited to application of pesticide, mixing
and loading, storage of pesticides or pesticide containers,
disposal of pesticides and pesticide containers and reentry
into treated sites or areas.
49. "Neonicotinoid" means any pesticide that contains
clothianidin, imidacloprid, thiamethoxam, dinotefuran,
acetamiprid, thiacloprid, nithiazine, nitenpyram, or other
neonicotinoid as may be identified by rules adopted by the
Department of Agriculture.
(Source: P.A. 99-540, eff. 1-1-17; 100-201, eff. 8-18-17.)
(415 ILCS 60/14.1 new)
Sec. 14.1. Neonicotinoids. Effective January 1, 2020, no
pesticide containing a neonicotinoid may be used outdoors on

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any public land owned or maintained by the State, except for
use in:
(a) structural pest control; or
(b) abatement of Agrilus planipennis.
Section 99. Effective date. This Act takes effect upon
becoming law.