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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2395 Introduced 2/26/2021, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED:
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| 20 ILCS 205/205-60 rep. | | 20 ILCS 215/Act rep. | | 65 ILCS 5/11-15.4-5 | | 415 ILCS 60/4 | from Ch. 5, par. 804 | 505 ILCS 5/3.02 | from Ch. 5, par. 1003.02 | 505 ILCS 45/2a | from Ch. 5, par. 242a | 515 ILCS 5/5-5 | from Ch. 56, par. 5-5 | 820 ILCS 405/214 | from Ch. 48, par. 324 |
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Repeals the Aquaculture Development Act. Amends the Civil Administrative Code of Illinois, the Illinois Municipal Code, the Illinois Pesticide Act, the Agricultural Areas Conservation and Protection Act, the County Cooperative Extension Law, the Fish and Aquatic Life Code, and the Unemployment Insurance Act making conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning fish.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | (20 ILCS 205/205-60 rep.) |
| 5 | | Section 5. The Civil Administrative Code of Illinois is |
| 6 | | amended by repealing Section 205-60.
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| 7 | | (20 ILCS 215/Act rep.)
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| 8 | | Section 10. The Aquaculture Development Act is repealed.
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| 9 | | Section 15. The Illinois Municipal Code is amended by |
| 10 | | changing Section 11-15.4-5 as follows:
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| 11 | | (65 ILCS 5/11-15.4-5) |
| 12 | | Sec. 11-15.4-5. Definitions. As used in this Division: |
| 13 | | "Agricultural product" means an agricultural, |
| 14 | | horticultural, viticultural, aquacultural, or vegetable |
| 15 | | product, either in its natural or processed state, that has |
| 16 | | been produced, processed, or otherwise had value added to it |
| 17 | | in this State. "Agricultural product" includes, but is not |
| 18 | | limited to, growing of grapes that will be processed into |
| 19 | | wine; bees; honey; fish or other aquacultural product; |
| 20 | | planting seed; livestock or livestock product; forestry |
| 21 | | product; and poultry or poultry product. |
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| 1 | | "Aquaculture" means the controlled propagation, growth and |
| 2 | | harvest of aquatic organisms, including but not limited to |
| 3 | | fish, shellfish, mollusks, crustaceans, algae and other |
| 4 | | aquatic plants, by an aquaculturist and "aquatic products" |
| 5 | | have the meanings given to those terms in Section 4 of the |
| 6 | | Aquaculture Development Act. |
| 7 | | "Aquatic products" means any aquatic plants and animals or |
| 8 | | their by-products that are produced, grown, managed, harvested |
| 9 | | and marketed on an annual, semi-annual, biennial or short term |
| 10 | | basis, in permitted aquaculture facilities. |
| 11 | | "Department" means the Department of Agriculture. |
| 12 | | "Livestock" means cattle; calves; sheep; swine; ratite |
| 13 | | birds, including, but not limited to, ostrich and emu; aquatic |
| 14 | | products obtained through aquaculture; llamas; alpaca; |
| 15 | | buffalo; elk documented as obtained from a legal source and |
| 16 | | not from the wild; goats; horses and other equines; or rabbits |
| 17 | | raised in confinement for human consumption. |
| 18 | | "Locally grown" means a product that was grown or raised |
| 19 | | in the same county or adjoining county in which the urban |
| 20 | | agricultural area is located. |
| 21 | | "Partner organization" means a nonprofit organization that |
| 22 | | meets standards set forth by Section 501(c)(3) of the Internal |
| 23 | | Revenue Code and whose mission includes supporting small, |
| 24 | | beginning, limited resource, or socially-disadvantaged farmers |
| 25 | | within municipalities. |
| 26 | | "Poultry" means any domesticated bird intended for human |
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| 1 | | consumption. |
| 2 | | "Qualifying farmer" means an individual or entity that |
| 3 | | meets at least one of the following: |
| 4 | | (1) is a small or medium sized farmer; |
| 5 | | (2) is a beginning farmer; |
| 6 | | (3) is a limited resource farmer; or |
| 7 | | (4) is a socially-disadvantaged farmer. |
| 8 | | "Small or medium sized farmer", "beginning farmer", |
| 9 | | "limited resource farmer", and "socially-disadvantaged farmer" |
| 10 | | have the meanings given to those terms in rules adopted by the |
| 11 | | Department as provided in Section 205-65 of the Department of |
| 12 | | Agriculture Law. |
| 13 | | "Urban agricultural area" means an area defined by a |
| 14 | | municipality and entirely within that municipality's |
| 15 | | boundaries within which one or more qualifying farmers are |
| 16 | | processing, growing, raising, or otherwise producing |
| 17 | | locally-grown agricultural products.
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| 18 | | (Source: P.A. 100-1133, eff. 1-1-19.)
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| 19 | | Section 20. The Illinois Pesticide Act is amended by |
| 20 | | changing Section 4 as follows:
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| 21 | | (415 ILCS 60/4) (from Ch. 5, par. 804)
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| 22 | | Sec. 4. Definitions. As used in this Act:
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| 23 | | 1. "Director" means Director of the Illinois Department of
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| 24 | | Agriculture or his authorized representative.
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| 1 | | 2. "Active Ingredient" means any ingredient which will |
| 2 | | prevent,
destroy, repel, control or mitigate a pest or which |
| 3 | | will act as a plant
regulator, defoliant or desiccant.
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| 4 | | 3. "Adulterated" shall apply to any pesticide if the |
| 5 | | strength or
purity is not within the standard of quality |
| 6 | | expressed on the labeling
under which it is sold, distributed |
| 7 | | or used, including any substance
which has been substituted |
| 8 | | wholly or in part for the pesticide as
specified on the |
| 9 | | labeling under which it is sold, distributed or used,
or if any |
| 10 | | valuable constituent of the pesticide has been wholly or in
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| 11 | | part abstracted.
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| 12 | | 4. "Agricultural Commodity" means produce of the land |
| 13 | | including but
not limited to plants and plant parts, livestock |
| 14 | | and poultry and
livestock or poultry products, seeds, sod, |
| 15 | | shrubs and other products of
agricultural origin including the |
| 16 | | premises necessary to and used
directly in agricultural |
| 17 | | production.
Agricultural commodity also includes aquatic |
| 18 | | products, including any aquatic plants and animals or their |
| 19 | | by-products that are produced, grown, managed, harvested and |
| 20 | | marketed on an annual, semi-annual, biennial or short term |
| 21 | | basis, in permitted aquaculture facilities as defined in the
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| 22 | | Aquaculture Development Act.
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| 23 | | 5. "Animal" means all vertebrate and invertebrate species |
| 24 | | including,
but not limited to, man and other mammals, bird, |
| 25 | | fish, and shellfish.
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| 26 | | 6. "Beneficial Insects" means those insects which during |
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| 1 | | their life
cycle are effective pollinators of plants, |
| 2 | | predators of pests or are
otherwise beneficial.
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| 3 | | 7. "Certified applicator".
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| 4 | | A. "Certified applicator" means any individual who is |
| 5 | | certified
under this Act to purchase, use, or supervise |
| 6 | | the use of pesticides
which are classified for restricted |
| 7 | | use.
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| 8 | | B. "Private applicator" means a certified applicator |
| 9 | | who purchases,
uses, or supervises the use of any |
| 10 | | pesticide classified for restricted
use, for the purpose |
| 11 | | of producing any agricultural commodity on property
owned, |
| 12 | | rented, or otherwise controlled by him or his employer, or
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| 13 | | applied to other property if done without compensation |
| 14 | | other than
trading of personal services between no more |
| 15 | | than 2 producers of
agricultural commodities.
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| 16 | | C. "Licensed Commercial Applicator" means a certified |
| 17 | | applicator,
whether or not he is a private applicator with |
| 18 | | respect to some uses, who
owns or manages a business that |
| 19 | | is engaged in applying pesticides,
whether classified for |
| 20 | | general or restricted use, for hire. The term
also applies |
| 21 | | to a certified applicator who uses or supervises the use |
| 22 | | of
pesticides, whether classified for general or |
| 23 | | restricted use, for any
purpose or on property of others |
| 24 | | excluding those specified by
subparagraphs 7 (B), (D), (E) |
| 25 | | of Section 4 of this Act.
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| 26 | | D. "Commercial Not For Hire Applicator" means a |
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| 1 | | certified applicator
who uses or supervises the use of |
| 2 | | pesticides classified for general or
restricted use for |
| 3 | | any purpose on property of an employer when such
activity |
| 4 | | is a requirement of the terms of employment and such
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| 5 | | application of pesticides under this certification is |
| 6 | | limited to
property under the control of the employer only |
| 7 | | and includes, but is not
limited to, the use or |
| 8 | | supervision of
the use of pesticides in a greenhouse |
| 9 | | setting. "Commercial Not For Hire Applicator" also |
| 10 | | includes a certified applicator who uses or supervises the |
| 11 | | use of pesticides classified for general or restricted use |
| 12 | | as an employee of a state agency, municipality, or other |
| 13 | | duly constituted governmental agency or unit.
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| 14 | | 8. "Defoliant" means any substance or combination of |
| 15 | | substances
which cause leaves or foliage to drop from a plant |
| 16 | | with or without
causing abscission.
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| 17 | | 9. "Desiccant" means any substance or combination of |
| 18 | | substances
intended for artificially accelerating the drying |
| 19 | | of plant tissue.
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| 20 | | 10. "Device" means any instrument or contrivance, other |
| 21 | | than a
firearm or equipment for application of pesticides when |
| 22 | | sold separately
from pesticides, which is intended for |
| 23 | | trapping, repelling, destroying,
or mitigating any pest, other |
| 24 | | than bacteria, virus, or other
microorganisms on or living in |
| 25 | | man or other living animals.
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| 26 | | 11. "Distribute" means offer or hold for sale, sell, |
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| 1 | | barter, ship,
deliver for shipment, receive and then deliver, |
| 2 | | or offer to deliver
pesticides, within the State.
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| 3 | | 12. "Environment" includes water, air, land, and all |
| 4 | | plants and
animals including man, living therein and the |
| 5 | | interrelationships which
exist among these.
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| 6 | | 13. "Equipment" means any type of instruments and |
| 7 | | contrivances using
motorized, mechanical or pressure power |
| 8 | | which is used to apply any
pesticide, excluding pressurized |
| 9 | | hand-size household apparatus
containing dilute ready to apply |
| 10 | | pesticide or used to apply household
pesticides.
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| 11 | | 14. "FIFRA" means the Federal Insecticide, Fungicide, and |
| 12 | | Rodenticide
Act, as amended.
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| 13 | | 15. "Fungi" means any non-chlorophyll bearing |
| 14 | | thallophytes, any
non-chlorophyll bearing plant of a lower |
| 15 | | order than mosses or
liverworts, as for example rust, smut, |
| 16 | | mildew, mold, yeast and bacteria,
except those on or in living |
| 17 | | animals including man and those on or in
processed foods, |
| 18 | | beverages or pharmaceuticals.
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| 19 | | 16. "Household Substance" means any pesticide customarily |
| 20 | | produced
and distributed for use by individuals in or about |
| 21 | | the household.
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| 22 | | 17. "Imminent Hazard" means a situation which exists when |
| 23 | | continued
use of a pesticide would likely result in |
| 24 | | unreasonable adverse effect on
the environment or will involve |
| 25 | | unreasonable hazard to the survival of a
species declared |
| 26 | | endangered by the U.S. Secretary of the Interior or to
species |
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| 1 | | declared to be protected by the Illinois Department of Natural
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| 2 | | Resources.
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| 3 | | 18. "Inert Ingredient" means an ingredient which is not an |
| 4 | | active
ingredient.
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| 5 | | 19. "Ingredient Statement" means a statement of the name |
| 6 | | and
percentage of each active ingredient together with the |
| 7 | | total percentage
of inert ingredients in a pesticide and for |
| 8 | | pesticides containing
arsenic in any form, the ingredient |
| 9 | | statement shall include percentage
of total and water soluble |
| 10 | | arsenic, each calculated as elemental
arsenic. In the case of |
| 11 | | spray adjuvants the ingredient statement need
contain only the |
| 12 | | names of the functioning agents and the total percent
of those |
| 13 | | constituents ineffective as spray adjuvants.
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| 14 | | 20. "Insect" means any of the numerous small invertebrate |
| 15 | | animals
generally having the body more or less obviously |
| 16 | | segmented for the most
part belonging to the class Insects, |
| 17 | | comprised of six-legged, usually
winged forms, as for example |
| 18 | | beetles, caterpillars, and flies. This
definition encompasses |
| 19 | | other allied classes of arthropods whose members
are wingless |
| 20 | | and usually have more than 6 legs as for example spiders,
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| 21 | | mites, ticks, centipedes, and millipedes.
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| 22 | | 21. "Label" means the written, printed or graphic matter |
| 23 | | on or
attached to the pesticide or device or any of its |
| 24 | | containers or
wrappings.
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| 25 | | 22. "Labeling" means the label and all other written, |
| 26 | | printed or
graphic matter: (a) on the pesticide or device or |
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| 1 | | any of its containers
or wrappings, (b) accompanying the |
| 2 | | pesticide or device or referring to
it in any other media used |
| 3 | | to disseminate information to the public,
(c) to which |
| 4 | | reference is made to the pesticide or device except when
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| 5 | | references are made to current official publications of the U. |
| 6 | | S.
Environmental Protection Agency, Departments of |
| 7 | | Agriculture, Health,
Education and Welfare or other Federal |
| 8 | | Government institutions, the
state experiment station or |
| 9 | | colleges of agriculture or other similar
state institution |
| 10 | | authorized to conduct research in the field of
pesticides.
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| 11 | | 23. "Land" means all land and water area including |
| 12 | | airspace, and all
plants, animals, structures, buildings, |
| 13 | | contrivances, and machinery
appurtenant thereto or situated |
| 14 | | thereon, fixed or mobile, including any
used for |
| 15 | | transportation.
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| 16 | | 24. "Licensed Operator" means a person employed to apply |
| 17 | | pesticides
to the lands of others under the direction of a |
| 18 | | "licensed commercial
applicator" or a "licensed commercial
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| 19 | | not-for-hire applicator".
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| 20 | | 25. "Nematode" means invertebrate animals of the phylum
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| 21 | | nemathelminthes and class nematoda, also referred to as nemas |
| 22 | | or
eelworms, which are unsegmented roundworms with elongated |
| 23 | | fusiform or
sac-like bodies covered with cuticle and |
| 24 | | inhabiting soil, water, plants
or plant parts.
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| 25 | | 26. "Permit" means a written statement issued by the |
| 26 | | Director or his
authorized agent, authorizing certain acts of |
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| 1 | | pesticide purchase or of
pesticide use or application on an |
| 2 | | interim basis prior to normal
certification, registration, or |
| 3 | | licensing.
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| 4 | | 27. "Person" means any individual, partnership, |
| 5 | | association,
fiduciary, corporation, or any organized group of |
| 6 | | persons whether
incorporated or not.
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| 7 | | 28. "Pest" means (a) any insect, rodent, nematode, fungus, |
| 8 | | weed, or
(b) any other form of terrestrial or aquatic plant or |
| 9 | | animal life or
virus, bacteria, or other microorganism, |
| 10 | | excluding virus, bacteria, or
other microorganism on or in |
| 11 | | living animals including man, which the
Director declares to |
| 12 | | be a pest.
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| 13 | | 29. "Pesticide" means any substance or mixture of |
| 14 | | substances
intended for preventing, destroying, repelling, or |
| 15 | | mitigating any pest
or any substance or mixture of substances |
| 16 | | intended for use as a plant
regulator, defoliant or desiccant.
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| 17 | | 30. "Pesticide Dealer" means any person who distributes |
| 18 | | registered
pesticides to the user.
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| 19 | | 31. "Plant Regulator" means any substance or mixture of |
| 20 | | substances
intended through physiological action to affect the |
| 21 | | rate of growth or
maturation or otherwise alter the behavior |
| 22 | | of ornamental or crop plants
or the produce thereof. This does |
| 23 | | not include substances which are not
intended as plant |
| 24 | | nutrient trace elements, nutritional chemicals, plant
or seed |
| 25 | | inoculants or soil conditioners or amendments.
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| 26 | | 32. "Protect Health and Environment" means to guard |
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| 1 | | against any
unreasonable adverse effects on the environment.
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| 2 | | 33. "Registrant" means person who has registered any |
| 3 | | pesticide
pursuant to the provision of FIFRA and this Act.
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| 4 | | 34. "Restricted Use Pesticide" means any pesticide with |
| 5 | | one or more
of its uses classified as restricted by order of |
| 6 | | the Administrator of
USEPA.
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| 7 | | 35. "SLN Registration" means registration of a pesticide |
| 8 | | for use
under conditions of special local need as defined by
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| 9 | | FIFRA.
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| 10 | | 36. "State Restricted Pesticide Use" means any pesticide |
| 11 | | use which
the Director determines, subsequent to public |
| 12 | | hearing, that an
additional restriction for that use is needed |
| 13 | | to prevent unreasonable
adverse effects.
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| 14 | | 37. "Structural Pest" means any pests which attack and |
| 15 | | destroy
buildings and other structures or which attack |
| 16 | | clothing, stored food,
commodities stored at food |
| 17 | | manufacturing and processing facilities or
manufactured and |
| 18 | | processed goods.
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| 19 | | 38. "Unreasonable Adverse Effects on the Environment" |
| 20 | | means the
unreasonable risk to the environment, including man, |
| 21 | | from the use of any
pesticide, when taking into account |
| 22 | | accrued benefits of as well as the
economic, social, and |
| 23 | | environmental costs of its use.
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| 24 | | 39. "USEPA" means United States Environmental Protection |
| 25 | | Agency.
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| 26 | | 40. "Use inconsistent with the label" means to use a |
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| 1 | | pesticide in
a manner not consistent with the label |
| 2 | | instruction, the definition
adopted in FIFRA as interpreted by |
| 3 | | USEPA shall apply in Illinois.
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| 4 | | 41. "Weed" means any plant growing in a place where it is |
| 5 | | not
wanted.
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| 6 | | 42. "Wildlife" means all living things, not human, |
| 7 | | domestic, or
pests.
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| 8 | | 43. "Bulk pesticide" means any registered pesticide which |
| 9 | | is
transported or held in an individual container in undivided |
| 10 | | quantities of
greater than 55 U.S. gallons liquid measure or |
| 11 | | 100 pounds net dry weight.
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| 12 | | 44. "Bulk repackaging" means the transfer of a registered |
| 13 | | pesticide from
one bulk container (containing undivided |
| 14 | | quantities of greater than 100
U.S. gallons liquid measure or |
| 15 | | 100 pounds net dry weight) to another bulk
container |
| 16 | | (containing undivided quantities of greater than 100 U.S. |
| 17 | | gallons
liquid measure or 100 pounds net dry weight) in an |
| 18 | | unaltered state in
preparation for sale or distribution to |
| 19 | | another person.
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| 20 | | 45. "Business" means any individual, partnership, |
| 21 | | corporation or
association engaged in a business operation for |
| 22 | | the purpose of
selling or distributing pesticides or providing |
| 23 | | the service of application
of pesticides in this State.
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| 24 | | 46. "Facility" means any building or structure and all |
| 25 | | real property
contiguous thereto, including all equipment |
| 26 | | fixed thereon used for the
operation of the business.
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| 1 | | 47. "Chemigation" means the application of a pesticide |
| 2 | | through the
systems or equipment employed for the primary |
| 3 | | purpose of irrigation of land and
crops.
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| 4 | | 48. "Use" means any activity covered by the pesticide |
| 5 | | label including
but not limited to application of pesticide, |
| 6 | | mixing and loading, storage of
pesticides or pesticide |
| 7 | | containers, disposal of pesticides and pesticide
containers |
| 8 | | and reentry into treated sites or areas.
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| 9 | | (Source: P.A. 99-540, eff. 1-1-17; 100-201, eff. 8-18-17.)
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| 10 | | Section 25. The Agricultural Areas Conservation and |
| 11 | | Protection Act is amended by changing Section 3.02 as follows:
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| 12 | | (505 ILCS 5/3.02) (from Ch. 5, par. 1003.02)
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| 13 | | Sec. 3.02.
"Crops, livestock and livestock and
aquatic |
| 14 | | products" include but are not
limited to the following: |
| 15 | | legume, hay, grain, fruit, and truck or vegetable
crops, |
| 16 | | floriculture, horticulture, mushroom growing, nurseries, |
| 17 | | orchards,
forestry, greenhouses and aquatic products, |
| 18 | | including any aquatic plants and animals or their by-products |
| 19 | | that are produced, grown, managed, harvested and marketed on |
| 20 | | an annual, semi-annual, biennial or short term basis, in |
| 21 | | permitted aquaculture facilities as
defined in the Aquaculture |
| 22 | | Development Act; the keeping, raising and
feeding of livestock
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| 23 | | or poultry, including dairying, poultry, swine, sheep, beef |
| 24 | | cattle, pony
and horse production, fur and wildlife farms, |
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| 1 | | farm buildings used
for growing, harvesting and preparing crop |
| 2 | | products for market, or for use
on the farm; roadside stands, |
| 3 | | farm buildings for storing and protecting
farm machinery and |
| 4 | | equipment from the elements, for housing livestock or
poultry |
| 5 | | and for preparing livestock or poultry
products for market; |
| 6 | | farm dwellings occupied by farm owners, operators,
tenants or |
| 7 | | seasonal or year-round hired workers.
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| 8 | | (Source: P.A. 85-856.)
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| 9 | | Section 30. The County Cooperative Extension Law is |
| 10 | | amended by changing Section 2a as follows:
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| 11 | | (505 ILCS 45/2a) (from Ch. 5, par. 242a)
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| 12 | | Sec. 2a. Information and assistance.
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| 13 | | (a) The Cooperative Extension Service of the University of |
| 14 | | Illinois
shall provide information and assistance to person |
| 15 | | who are timber growers
and to persons who may be unaware of the |
| 16 | | economic and soil and water
conservation
benefits that can be |
| 17 | | attained through forestry management on marginal
agricultural
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| 18 | | lands.
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| 19 | | (b) The Department of Agriculture, in cooperation with the |
| 20 | | Cooperative
Extension Service of the University of Illinois, |
| 21 | | in
conjunction with the Agriculture Experiment Station and |
| 22 | | Southern Illinois
University at Carbondale, shall provide
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| 23 | | information on aquaculture and shall explore the establishment |
| 24 | | of an
aquaculture resource center for disseminating |
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| 1 | | information and demonstrating
the viability of aquaculture as |
| 2 | | a part of the diversified agriculture of this
State.
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| 3 | | The Department of Agriculture in cooperation with the (i) |
| 4 | | Cooperative
Extension
Service of the University of Illinois, |
| 5 | | (ii) Southern
Illinois University at Carbondale,
(iii) |
| 6 | | Illinois State
University at Bloomington-Normal, (iv) Western |
| 7 | | Illinois
University at Macomb, and (v)
community colleges |
| 8 | | organized under the Public Community College Act shall
provide |
| 9 | | information and assistance to
the aquaculture industry in the |
| 10 | | State concerning the Aquaculture Cooperative
established under |
| 11 | | the Aquaculture Development Act and incorporated under the
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| 12 | | Agricultural Co-Operative Act.
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| 13 | | (Source: P.A. 91-530, eff. 8-13-99.)
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| 14 | | Section 35. The Fish and Aquatic Life Code is amended by |
| 15 | | changing Section 5-5 as follows:
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| 16 | | (515 ILCS 5/5-5) (from Ch. 56, par. 5-5)
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| 17 | | Sec. 5-5. Ownership and title; violations; penalties. The |
| 18 | | ownership of
and title to all aquatic life within the |
| 19 | | boundaries of the State, are
hereby declared to be in the |
| 20 | | State, and no aquatic life shall be taken or
killed, in any |
| 21 | | manner or at any time, unless the person or persons so
taking |
| 22 | | or killing the aquatic life shall consent that the title to the
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| 23 | | aquatic life shall be and remain in the State for the purpose |
| 24 | | of regulating
the taking, killing, possession, use, sale, and |
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| 1 | | transportation of aquatic
life after taking or killing, as set |
| 2 | | forth in this Code.
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| 3 | | Aquatic products, including any aquatic plants and animals |
| 4 | | or their by-products that are produced, grown, managed, |
| 5 | | harvested and marketed on an annual, semi-annual, biennial or |
| 6 | | short term basis, in permitted aquaculture facilities as |
| 7 | | defined in the Aquaculture Development Act, bred,
hatched, |
| 8 | | propagated, or raised by the owner of a body of water, with the
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| 9 | | consent of the Department of Natural Resources through the
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| 10 | | issuance of an
aquaculture permit and consistent with this |
| 11 | | Section, in permitted
aquaculture facilities in or on that |
| 12 | | body of water are the property of the
person who bred, hatched, |
| 13 | | propagated, or raised them or that person's
successor in |
| 14 | | interest. Ownership of aquatic products reverts to the State
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| 15 | | upon revocation or expiration of an aquaculture permit as |
| 16 | | prescribed by
administrative rule.
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| 17 | | If any person causes any waste, sewage, thermal effluent, |
| 18 | | or any other
pollutant to enter into, or causes or allows |
| 19 | | pollution of, any waters of
this State so as to kill aquatic |
| 20 | | life, the Department, through the Attorney
General, may bring |
| 21 | | an action against that person and recover the value of
and the |
| 22 | | related costs in determining the value of the aquatic life
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| 23 | | destroyed by the waste, sewage, thermal effluent, or |
| 24 | | pollution. Any money
so recovered shall be placed into the |
| 25 | | Wildlife and Fish Fund in the State
Treasury.
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| 26 | | If any person shall abandon, deposit, or otherwise place |
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| 1 | | any wire,
can, bottle, glass, paper, trash, rubbish, |
| 2 | | cardboard, wood cartons,
boxes, trees, parts of trees, brush, |
| 3 | | or other insoluble material,
including animal or vegetable |
| 4 | | material, into the waters or upon the ice
of any waters of this |
| 5 | | State, or in any place on the bank of waters of
this State |
| 6 | | where it shall be liable to be washed into the waters either
by |
| 7 | | storms, floods, or other causes, the person shall be in |
| 8 | | violation of the
offense of polluting. Employees of the |
| 9 | | Department, however, may place or
direct the placement, in the |
| 10 | | waters of the State, of insoluble materials
deemed suitable |
| 11 | | for the purposes of enhancing aquatic habitat. Any person
who |
| 12 | | shall be found guilty under this Section shall be guilty of a |
| 13 | | petty
offense, and the Court shall further order that the |
| 14 | | guilty person shall
employ every practical means of removing |
| 15 | | the debris within a time specified
by the Court. Failure to |
| 16 | | comply with an order under this Section shall
constitute a |
| 17 | | Class B misdemeanor.
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| 18 | | (Source: P.A. 89-445, eff. 2-7-96.)
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| 19 | | Section 40. The Unemployment Insurance Act is amended by |
| 20 | | changing Section 214 as follows:
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| 21 | | (820 ILCS 405/214) (from Ch. 48, par. 324)
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| 22 | | Sec. 214.
The term "employment" does not include |
| 23 | | agricultural or
aquacultural labor, except
as provided in |
| 24 | | Section 211.4. With
respect to the period prior to January 1, |
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| 1 | | 1972, the term "agricultural
labor" means the services |
| 2 | | included within the term by this Act as
amended and in effect |
| 3 | | on September 15, 1969. On and after January 1,
1972, the term |
| 4 | | "agricultural labor" means all services performed:
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| 5 | | A. On a farm, in the employ of any person, in connection |
| 6 | | with
cultivating the soil or in connection with raising or |
| 7 | | harvesting any
agricultural or horticultural commodity, |
| 8 | | including the raising,
shearing, feeding, caring for, |
| 9 | | training, and management of live stock,
bees, poultry, and |
| 10 | | fur-bearing animals and wildlife;
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| 11 | | B. In the employ of the owner or tenant or other operator |
| 12 | | of a farm,
in connection with the operation, management, |
| 13 | | conservation, improvement,
or maintenance of such farm and its |
| 14 | | tools and equipment;
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| 15 | | C. In connection with the ginning of cotton, or the |
| 16 | | operation or
maintenance of ditches, canals, reservoirs, or |
| 17 | | waterways not owned or
operated for profit, used exclusively |
| 18 | | for supplying and storing water
for farming purposes;
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| 19 | | D. In the employ of the operator of a farm, or of a group |
| 20 | | of
operators of farms (or a cooperative organization of which |
| 21 | | such
operators are members), in handling, planting, drying, |
| 22 | | packing,
packaging, processing, freezing, grading, storing or |
| 23 | | delivering to
storage or to market or to a carrier for |
| 24 | | transportation to market, in
its unmanufactured state, any |
| 25 | | agricultural or horticultural commodity;
but only if such |
| 26 | | operator or operators produced more than one-half of
the |
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| 1 | | commodity with respect to which such service is performed. The
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| 2 | | provisions of this subsection shall not be deemed to be |
| 3 | | applicable with
respect to service performed in connection |
| 4 | | with commercial canning or
commercial freezing or in |
| 5 | | connection with any agricultural or
horticultural commodity |
| 6 | | after its delivery to a terminal market for
distribution for |
| 7 | | consumption.
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| 8 | | As used in this Section, the term "farm" includes stock, |
| 9 | | dairy,
poultry, fruit, fur-bearing animal, and truck farms, |
| 10 | | plantations,
ranches, nurseries, ranges, greenhouses or other |
| 11 | | similar structures used
primarily for the raising of |
| 12 | | agricultural or horticultural commodities,
and orchards.
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| 13 | | The term "aquacultural labor" means all services performed |
| 14 | | in
connection with the production of aquatic products, |
| 15 | | including any aquatic plants and animals or their by-products |
| 16 | | that are produced, grown, managed, harvested and marketed on |
| 17 | | an annual, semi-annual, biennial or short term basis, in |
| 18 | | permitted aquaculture facilities as defined
in the Aquaculture |
| 19 | | Development Act.
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| 20 | | (Source: P.A. 85-856.)
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