PESTICIDES-OPERATOR REGULATION

Illinois General Assembly - Full Text of HB3844

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Full Text of HB3844

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HB3844 - 104th General Assembly

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HB3844 Engrossed
LRB104 10167 BDA 20239 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, 12, and 14 as follows:

6

(415 ILCS 60/4)

(from Ch. 5, par. 804)
7

Sec. 4.
Definitions.
As used in this Act:
8

1. "Director" means Director of the Illinois Department of
9
Agriculture or his authorized representative.
10

2. "Active Ingredient" means any ingredient which will
11
prevent, destroy, repel, control or mitigate a pest or which
12
will act as a plant regulator, defoliant or desiccant.
13

3. "Adulterated" shall apply to any pesticide if the
14
strength or purity is not within the standard of quality
15
expressed on the labeling under which it is sold, distributed
16
or used, including any substance which has been substituted
17
wholly or in part for the pesticide as specified on the
18
labeling under which it is sold, distributed or used, or if any
19
valuable constituent of the pesticide has been wholly or in
20
part abstracted.
21

4. "Agricultural Commodity" means produce of the land,
22
including, but not limited to, plants and plant parts,
23
livestock and poultry and livestock or poultry products,

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1
seeds, sod, shrubs and other products of agricultural origin
2
including the premises necessary to and used directly in
3
agricultural production. Agricultural commodity also includes
4
aquatic products, including any aquatic plants and animals or
5
their by-products that are produced, grown, managed, harvested
6
and marketed on an annual, semi-annual, biennial or short-term
7
basis, in permitted aquaculture facilities.
8

5. "Animal" means all vertebrate and invertebrate species
9
including, but not limited to, man and other mammals, birds,
10
fish, and shellfish.
11

5.5. "Barrier mosquitocide" means a pesticide that is
12
formulated to kill adult mosquitoes and that is applied so as
13
to leave a residual mosquitocidal coating on natural or
14
manmade surfaces. "Barrier mosquitocide" does not include a
15
product that is exempt from registration under the Federal
16
Insecticide, Fungicide, and Rodenticide Act, or rules adopted
17
pursuant to that Act.
18

5.6. "Barrier mosquitocide treatment" means application of
19
a barrier mosquitocide to a natural or manmade surface.
20

6. "Beneficial Insects" means those insects which during
21
their life cycle are effective pollinators of plants,
22
predators of pests or are otherwise beneficial.
23

7. "Certified applicator".
24

A. "Certified applicator" means any individual who is
25

certified under this Act to purchase, use, or supervise
26

the use of pesticides which are classified for restricted

HB3844 Engrossed
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1

use.
2

B. "Private applicator" means a certified applicator
3

who purchases, uses, or supervises the use of any
4

pesticide classified for restricted use, for the purpose
5

of producing any agricultural commodity on property owned,
6

rented, or otherwise controlled by him or his employer, or
7

applied to other property if done without compensation
8

other than trading of personal services between no more
9

than 2 producers of agricultural commodities.
10

C. "Licensed Commercial Applicator" means a certified
11

applicator, whether or not he is a private applicator with
12

respect to some uses, who owns or manages a business that
13

is engaged in applying pesticides, whether classified for
14

general or restricted use, for hire. The term also applies
15

to a certified applicator who uses or supervises the use
16

of pesticides, whether classified for general or
17

restricted use, for any purpose or on property of others
18

excluding those specified by subparagraphs 7 (B), (D), (E)
19

of Section 4 of this Act.
20

D. "Commercial Not For Hire Applicator" means a
21

certified applicator who uses or supervises the use of
22

pesticides classified for general or restricted use for
23

any purpose on property of an employer when such activity
24

is a requirement of the terms of employment and such
25

application of pesticides under this certification is
26

limited to property under the control of the employer only

HB3844 Engrossed
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1

and includes, but is not limited to, the use or
2

supervision of the use of pesticides in a greenhouse
3

setting. "Commercial Not For Hire Applicator" also
4

includes a certified applicator who uses or supervises the
5

use of pesticides classified for general or restricted use
6

as an employee of a state agency, municipality, or other
7

duly constituted governmental agency or unit.
8

8. "Defoliant" means any substance or combination of
9
substances which cause leaves or foliage to drop from a plant
10
with or without causing abscission.
11

9. "Desiccant" means any substance or combination of
12
substances intended for artificially accelerating the drying
13
of plant tissue.
14

10. "Device" means any instrument or contrivance, other
15
than a firearm or equipment for application of pesticides when
16
sold separately from pesticides, which is intended for
17
trapping, repelling, destroying, or mitigating any pest, other
18
than bacteria, virus, or other microorganisms on or living in
19
man or other living animals.
20

11. "Distribute" means offer or hold for sale, sell,
21
barter, ship, deliver for shipment, receive and then deliver,
22
or offer to deliver pesticides, within the State.
23

12. "Environment" includes water, air, land, and all
24
plants and animals including man, living therein and the
25
interrelationships which exist among these.
26

13. "Equipment" means any type of instruments and

HB3844 Engrossed
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1
contrivances using motorized, mechanical or pressure power
2
which is used to apply any pesticide, excluding pressurized
3
hand-size household apparatus containing dilute ready to apply
4
pesticide or used to apply household pesticides.
5

14. "FIFRA" means the Federal Insecticide, Fungicide, and
6
Rodenticide Act, as amended.
7

15. "Fungi" means any non-chlorophyll bearing
8
thallophytes, any non-chlorophyll bearing plant of a lower
9
order than mosses or liverworts, as for example rust, smut,
10
mildew, mold, yeast and bacteria, except those on or in living
11
animals including man and those on or in processed foods,
12
beverages or pharmaceuticals.
13

16. "Household Substance" means any pesticide customarily
14
produced and distributed for use by individuals in or about
15
the household.
16

17. "Imminent Hazard" means a situation which exists when
17
continued use of a pesticide would likely result in
18
unreasonable adverse effects on the environment or will
19
involve unreasonable hazard to the survival of a species
20
declared endangered by the U.S. Secretary of the Interior or
21
to species declared to be protected by the Illinois Department
22
of Natural Resources.
23

18. "Inert Ingredient" means an ingredient which is not an
24
active ingredient.
25

19. "Ingredient Statement" means a statement of the name
26
and percentage of each active ingredient together with the

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1
total percentage of inert ingredients in a pesticide and for
2
pesticides containing arsenic in any form, the ingredient
3
statement shall include percentage of total and water soluble
4
arsenic, each calculated as elemental arsenic. In the case of
5
spray adjuvants the ingredient statement need contain only the
6
names of the functioning agents and the total percent of those
7
constituents ineffective as spray adjuvants.
8

20. "Insect" means any of the numerous small invertebrate
9
animals generally having the body more or less obviously
10
segmented for the most part belonging to the class Insects,
11
comprised of six-legged, usually winged forms, as for example
12
beetles, caterpillars, and flies. This definition encompasses
13
other allied classes of arthropods whose members are wingless
14
and usually have more than 6 legs as for example spiders,
15
mites, ticks, centipedes, and millipedes.
16

21. "Label" means the written, printed or graphic matter
17
on or attached to the pesticide or device or any of its
18
containers or wrappings.
19

22. "Labeling" means the label and all other written,
20
printed or graphic matter: (a) on the pesticide or device or
21
any of its containers or wrappings, (b) accompanying the
22
pesticide or device or referring to it in any other media used
23
to disseminate information to the public, (c) to which
24
reference is made to the pesticide or device except when
25
references are made to current official publications of the U.
26
S. Environmental Protection Agency, Departments of

HB3844 Engrossed
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1
Agriculture, Health, Education and Welfare or other Federal
2
Government institutions, the state experiment station or
3
colleges of agriculture or other similar state institution
4
authorized to conduct research in the field of pesticides.
5

23. "Land" means all land and water area including
6
airspace, and all plants, animals, structures, buildings,
7
contrivances, and machinery appurtenant thereto or situated
8
thereon, fixed or mobile, including any used for
9
transportation.
10

24. "Licensed
large-scale operator

Operator
" means a
11
person
who is
employed to apply pesticides to the lands of
12
others under the direction of a
"
licensed commercial
13
applicator
"
or a
"
licensed commercial not-for-hire applicator
"

14
and who applies pesticides with large-scale application
15
equipment, such as boom sprayers or tractor-mounted spray
16
equipment, or other large-scale application equipment as
17
further prescribed by the Department of Agriculture by rule
.
18

24.5. "Licensed small-scale operator" means a person who
19
is employed to apply pesticides to the lands of others under
20
the direction of a licensed commercial applicator or a
21
licensed commercial not-for-hire applicator and who applies
22
pesticides with equipment other than the large-scale
23
application equipment used by licensed large-scale operators.

24

25. "Nematode" means invertebrate animals of the phylum
25
nemathelminthes and class nematoda, also referred to as nemas
26
or eelworms, which are unsegmented roundworms with elongated

HB3844 Engrossed
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1
fusiform or sac-like bodies covered with cuticle and
2
inhabiting soil, water, plants or plant parts.
3

26. "Permit" means a written statement issued by the
4
Director or his authorized agent, authorizing certain acts of
5
pesticide purchase or of pesticide use or application on an
6
interim basis prior to normal certification, registration, or
7
licensing.
8

27. "Person" means any individual, partnership,
9
association, fiduciary, corporation, or any organized group of
10
persons whether incorporated or not.
11

28. "Pest" means (a) any insect, rodent, nematode, fungus,
12
weed, or (b) any other form of terrestrial or aquatic plant or
13
animal life or virus, bacteria, or other microorganism,
14
excluding virus, bacteria, or other microorganism on or in
15
living animals including man, which the Director declares to
16
be a pest.
17

29. "Pesticide" means any substance or mixture of
18
substances intended for preventing, destroying, repelling, or
19
mitigating any pest or any substance or mixture of substances
20
intended for use as a plant regulator, defoliant or desiccant.
21

30. "Pesticide Dealer" means any person who distributes
22
registered pesticides to the user.
23

31. "Plant Regulator" means any substance or mixture of
24
substances intended through physiological action to affect the
25
rate of growth or maturation or otherwise alter the behavior
26
of ornamental or crop plants or the produce thereof. This does

HB3844 Engrossed
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LRB104 10167 BDA 20239 b
1
not include substances which are not intended as plant
2
nutrient trace elements, nutritional chemicals, plant or seed
3
inoculants or soil conditioners or amendments.
4

32. "Protect Health and Environment" means to guard
5
against any unreasonable adverse effects on the environment.
6

33. "Registrant" means a person who has registered any
7
pesticide pursuant to the provision of FIFRA and this Act.
8

34. "Restricted Use Pesticide" means any pesticide with
9
one or more of its uses classified as restricted by order of
10
the Administrator of USEPA.
11

35. "SLN Registration" means registration of a pesticide
12
for use under conditions of special local need as defined by
13
FIFRA.
14

36. "State Restricted Pesticide Use" means any pesticide
15
use which the Director determines, subsequent to public
16
hearing, that an additional restriction for that use is needed
17
to prevent unreasonable adverse effects.
18

37. "Structural Pest" means any pests which attack and
19
destroy buildings and other structures or which attack
20
clothing, stored food, commodities stored at food
21
manufacturing and processing facilities or manufactured and
22
processed goods.
23

38. "Unreasonable Adverse Effects on the Environment"
24
means the unreasonable risk to the environment, including man,
25
from the use of any pesticide, when taking into account
26
accrued benefits of as well as the economic, social, and

HB3844 Engrossed
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1
environmental costs of its use.
2

39. "USEPA" means United States Environmental Protection
3
Agency.
4

40. "Use inconsistent with the label" means to use a
5
pesticide in a manner not consistent with the label
6
instruction, the definition adopted in FIFRA as interpreted by
7
USEPA shall apply in Illinois.
8

41. "Weed" means any plant growing in a place where it is
9
not wanted.
10

42. "Wildlife" means all living things, not human,
11
domestic, or pests.
12

43. "Bulk pesticide" means any registered pesticide which
13
is transported or held in an individual container in undivided
14
quantities of greater than 55 U.S. gallons liquid measure or
15
100 pounds net dry weight.
16

44. "Bulk repackaging" means the transfer of a registered
17
pesticide from one bulk container (containing undivided
18
quantities of greater than 100 U.S. gallons liquid measure or
19
100 pounds net dry weight) to another bulk container
20
(containing undivided quantities of greater than 100 U.S.
21
gallons liquid measure or 100 pounds net dry weight) in an
22
unaltered state in preparation for sale or distribution to
23
another person.
24

45. "Business" means any individual, partnership,
25
corporation or association engaged in a business operation for
26
the purpose of selling or distributing pesticides or providing

HB3844 Engrossed
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LRB104 10167 BDA 20239 b
1
the service of application of pesticides in this State.
2

46. "Facility" means any building or structure and all
3
real property contiguous thereto, including all equipment
4
fixed thereon used for the operation of the business.
5

47. "Chemigation" means the application of a pesticide
6
through the systems or equipment employed for the primary
7
purpose of irrigation of land and crops.
8

48. "Use" means any activity covered by the pesticide
9
label, including, but not limited to, application of
10
pesticide, mixing and loading, storage of pesticides or
11
pesticide containers, disposal of pesticides and pesticide
12
containers and reentry into treated sites or areas.
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 60/12)

(from Ch. 5, par. 812)
16

Sec. 12.
Licensed operator.
No pesticide operator shall
17
use any pesticides without a pesticide operator license issued
18
by the Director.
19

1. Application for an operator license shall be made in
20
writing on designated forms available from the Director. Each
21
application shall contain information regarding the nature of
22
applicants pesticide use, his qualifications, and such other
23
facts as prescribed on the form. The application shall also
24
include the following:
25

A. The full name of applicant.

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1

B. The address of the applicant.
2

C. The name of and license/certification number of the
3

pesticide applicator under whom the applicant will work.
4

2. The Director shall not issue a pesticide operator
5
license until the individual identified has demonstrated his
6
competence and knowledge regarding pesticide use in accordance
7
with Section 9 of this Act.
The Director shall issue separate
8
certification tests for both licensed large-scale operators
9
and licensed small-scale operators based on the rules and
10
regulations prescribed for each by the Department of
11
Agriculture.

12

3. The Director shall not issue an operator license to any
13
person who is unable to provide the name and
14
license/certification number of an applicator under whom the
15
operator will work.
16

4. For the years preceding the year 2001, a licensed
17
commercial operator working for or under the supervision of a
18
certified licensed commercial pesticide applicator shall pay
19
an annual fee of $25. For the years 2001, 2002, and 2003, the
20
annual fee for a commercial operator license is $30. For the
21
years 2004, 2005, and 2006, the annual fee for a commercial
22
operator license is $35. For the years 2007 through 2017, the
23
annual fee for a commercial operator license is $40. For the
24
years 2018 through 2023, the fee for a multi-year commercial
25
operator license is $120. For the years 2024 and thereafter,
26
the fee for a multi-year commercial operator license is $180.

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1
The late application fee for an operator license shall be $20
2
in addition to the normal license fee. A licensed operator
3
shall be assessed a fee of $10 for a duplicate license.
4

5. For the years 2011 through 2017, the commercial
5
not-for-hire pesticide operator license fee shall be $15. For
6
the years 2018 through 2023, the fee for a multi-year
7
commercial not-for-hire pesticide operator license is $45. For
8
the years 2024 and thereafter, the fee for a multi-year
9
commercial not-for-hire pesticide operator license is $90. The
10
late application fee for a commercial not-for-hire operator
11
license shall be $20 in addition to the normal license fee. A
12
commercial not-for-hire operator shall be assessed a fee of
13
$10 for a duplicate license.
14
(Source: P.A. 103-441, eff. 1-1-24
.)

15

(415 ILCS 60/14)

(from Ch. 5, par. 814)
16

Sec. 14.
Unlawful acts.
17

1. The following are violations of this Act, if any
18
person:
19

A. Made false or fraudulent claims through any media
20

misrepresenting the effect of pesticides or methods.
21

B. Applied known ineffective or improper pesticides.
22

C. Applied pesticides in a faulty, careless, or
23

negligent manner.
24

D. Used or made recommendation for use of a pesticide
25

inconsistent with the labeling of the pesticide.

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1

E. Neglected, or after notice in writing, refused, to
2

comply with provisions of this Act, the regulations
3

adopted hereunder, or of any lawful order of the Director,
4

including the limitations specified in a duly issued
5

permit, certification, or registration.
6

F. Failed to keep and maintain records required by
7

this Act or failed to make reports when and as required or
8

made false or fraudulent records or reports.
9

G. Used or supervised the use of a pesticide without
10

qualifying as a certified applicator
, licensed small-scale
11

operator,
or licensed
large-scale
operator.
12

H. Used fraud or misrepresentation in making
13

application for, or renewal of, any license, permit,
14

certification, or registration or in demonstration of
15

competence.
16

I. Aided or abetted a person to evade provisions of
17

this Act, conspired with any person to evade provisions of
18

this Act or allowed a license, permit, certification or
19

registration to be used by another person.
20

J. Impersonated any federal, state, county, or city
21

official.
22

K. Purchased pesticides by using another person's
23

license or using or purchasing pesticides outside of a
24

specific category for which that person is licensed or any
25

other misrepresentation.
26

L. Fails to comply with the rules and regulations

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1

adopted under the authority of this Act.
2

2. Except as provided in Section 14 (2G), it is unlawful
3
for any person to distribute in the State the following:
4

A. A pesticide not registered pursuant to provisions
5

of this Act.
6

B. Any pesticide, if any claim made for it, use
7

recommendation, other labeling or formulation, differs
8

from the representations made in connection with
9

registration. However, a change in labeling or formulation
10

may be made within a registration if the change does not
11

violate provisions of FIFRA or this Act.
12

C. Any pesticide unless in the registrants unbroken
13

container.
14

D. Any pesticide container to which all label
15

information required under provisions of this Act has not
16

been securely affixed.
17

E. Any pesticide which is adulterated or misbranded or
18

any device which is misbranded.
19

F. Any pesticide in a container which, due to damage,
20

is hazardous to handle and store.
21

G. It shall not be unlawful to distribute pesticides
22

"in bulk" provided such distribution does not violate the
23

provisions of this Act, the Rules and Regulations under
24

this Act, or FIFRA.
25

3. It shall be unlawful:
26

A. To sell any pesticide labeled for restricted use to

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1

any applicator not certified, unless such applicator has a
2

valid permit authorizing purchase under a special
3

exemption from certification requirements.
4

B. To handle, store, display, use or distribute
5

pesticides in such manner as to endanger man and his
6

environment, to endanger food, feed or other products that
7

may be stored, displayed or distributed with such
8

pesticides.
9

C. To use, dispose of, discard, or store pesticides or
10

their containers in such a manner as to endanger public
11

health and the environment or to pollute water supplies.
12

D. To use for personal advantage, reveal to persons,
13

other than the Director designee or properly designated
14

official of other jurisdictions, or to a physician or
15

other qualified person in cases of emergency for
16

preparation of an antidote any information judged as
17

relating to trade secrets. To use or reveal a financial
18

information obtained by authority or marked as privileged
19

or confidential by a registrant.
20

E. To sell any pesticide labeled for restricted use
21

over an Internet website to an Illinois resident who is
22

not a certified pesticide applicator as provided under
23

Section 11 of this Act.
24

F. To apply a restricted use pesticide on or within
25

500 feet of school property during normal hours, except
26

for whole structure fumigation. However, if the pesticide

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1

application information listed on the pesticide label is
2

more restrictive than this paragraph (F), then the more
3

restrictive provision shall apply. The Department of
4

Agriculture shall adopt rules necessary to implement the
5

provisions of this paragraph (F). As used in this
6

paragraph (F), "normal school hours" means Monday through
7

Friday from 7 a.m. until 4 p.m., excluding days when
8

classes are not in session.
9

4. Exemptions from the violation provisions of this Act
10
are as follows:
11

A. Carriers lawfully engaged in transporting
12

pesticides within this State, provided that such carrier
13

shall upon request permit the Director to copy all records
14

showing transactions in the movement of the pesticide or
15

device.
16

B. Public officials of this State or the federal
17

government while engaged in the performance of official
18

duties in administration of pesticide laws or regulations.
19

C. Persons who ship a substance or mixture of
20

substances being tested for the purpose of determining its
21

value for pesticide use, to determine its toxicity or
22

other properties and from which such user does not derive
23

any benefit in pest control from its use.
24

5. No pesticide or device shall be deemed in violation of
25
this Act when intended solely for export to a foreign country.
26
If it is not exported all the provisions of this Act shall

HB3844 Engrossed
- 18 -
LRB104 10167 BDA 20239 b
1
apply.
2
(Source: P.A. 102-548, eff. 1-1-22
.)

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