PFAS-CONTAINING PESTICIDES

Illinois General Assembly - Full Text of HB4523

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4523

Introduced 1/30/2026, by Rep. Diane Blair-Sherlock

SYNOPSIS AS INTRODUCED:

415 ILCS 60/4

from Ch. 5, par. 804
415 ILCS 60/6

from Ch. 5, par. 806

Amends the Illinois Pesticide Act. Provides that the statements that
are to be provided by pesticide registrants under the Act must include
either a specific statement that the pesticide to be registered contains
no PFAS or, if the pesticide (including its active and inert ingredients)
contains any PFAS, certain information regarding the PFAS, including the
name of the specific chemical and the quantity of the chemical in the
product. Provides that the Director of Agriculture shall not register any
pesticide product that contains a chemical that is an intentionally added
PFAS and that the use of any pesticide that contains any chemical that is
an intentionally added PFAS is prohibited. Further provides, beginning
January 1, 2030, that the use of any spray adjuvant that contains
intentionally added PFAS is prohibited. Requires the Department of
Agriculture to adopt rules to implement these provisions. Defines "PFAS"
and "intentionally added PFAS".
LRB104 18016 BDA 31453 b

A BILL FOR

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LRB104 18016 BDA 31453 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 and 6 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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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

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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

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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

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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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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

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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 Operator" means a person employed to apply
11
pesticides to the lands of others under the direction of a
12
"licensed commercial applicator" or a "licensed commercial
13
not-for-hire applicator".
14

25. "Nematode" means invertebrate animals of the phylum
15
nemathelminthes and class nematoda, also referred to as nemas
16
or eelworms, which are unsegmented roundworms with elongated
17
fusiform or sac-like bodies covered with cuticle and
18
inhabiting soil, water, plants or plant parts.
19

26. "Permit" means a written statement issued by the
20
Director or his authorized agent, authorizing certain acts of
21
pesticide purchase or of pesticide use or application on an
22
interim basis prior to normal certification, registration, or
23
licensing.
24

27. "Person" means any individual, partnership,
25
association, fiduciary, corporation, or any organized group of
26
persons whether incorporated or not.

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28. "Pest" means (a) any insect, rodent, nematode, fungus,
2
weed, or (b) any other form of terrestrial or aquatic plant or
3
animal life or virus, bacteria, or other microorganism,
4
excluding virus, bacteria, or other microorganism on or in
5
living animals including man, which the Director declares to
6
be a pest.
7

29. "Pesticide" means any substance or mixture of
8
substances intended for preventing, destroying, repelling, or
9
mitigating any pest or any substance or mixture of substances
10
intended for use as a plant regulator, defoliant or desiccant.
11

30. "Pesticide Dealer" means any person who distributes
12
registered pesticides to the user.
13

31. "Plant Regulator" means any substance or mixture of
14
substances intended through physiological action to affect the
15
rate of growth or maturation or otherwise alter the behavior
16
of ornamental or crop plants or the produce thereof. This does
17
not include substances which are not intended as plant
18
nutrient trace elements, nutritional chemicals, plant or seed
19
inoculants or soil conditioners or amendments.
20

32. "Protect Health and Environment" means to guard
21
against any unreasonable adverse effects on the environment.
22

33. "Registrant" means a person who has registered any
23
pesticide pursuant to the provision of FIFRA and this Act.
24

34. "Restricted Use Pesticide" means any pesticide with
25
one or more of its uses classified as restricted by order of
26
the Administrator of USEPA.

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35. "SLN Registration" means registration of a pesticide
2
for use under conditions of special local need as defined by
3
FIFRA.
4

36. "State Restricted Pesticide Use" means any pesticide
5
use which the Director determines, subsequent to public
6
hearing, that an additional restriction for that use is needed
7
to prevent unreasonable adverse effects.
8

37. "Structural Pest" means any pests which attack and
9
destroy buildings and other structures or which attack
10
clothing, stored food, commodities stored at food
11
manufacturing and processing facilities or manufactured and
12
processed goods.
13

38. "Unreasonable Adverse Effects on the Environment"
14
means the unreasonable risk to the environment, including man,
15
from the use of any pesticide, when taking into account
16
accrued benefits of as well as the economic, social, and
17
environmental costs of its use.
18

39. "USEPA" means United States Environmental Protection
19
Agency.
20

40. "Use inconsistent with the label" means to use a
21
pesticide in a manner not consistent with the label
22
instruction, the definition adopted in FIFRA as interpreted by
23
USEPA shall apply in Illinois.
24

41. "Weed" means any plant growing in a place where it is
25
not wanted.
26

42. "Wildlife" means all living things, not human,

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domestic, or pests.
2

43. "Bulk pesticide" means any registered pesticide which
3
is transported or held in an individual container in undivided
4
quantities of greater than 55 U.S. gallons liquid measure or
5
100 pounds net dry weight.
6

44. "Bulk repackaging" means the transfer of a registered
7
pesticide from one bulk container (containing undivided
8
quantities of greater than 100 U.S. gallons liquid measure or
9
100 pounds net dry weight) to another bulk container
10
(containing undivided quantities of greater than 100 U.S.
11
gallons liquid measure or 100 pounds net dry weight) in an
12
unaltered state in preparation for sale or distribution to
13
another person.
14

45. "Business" means any individual, partnership,
15
corporation or association engaged in a business operation for
16
the purpose of selling or distributing pesticides or providing
17
the service of application of pesticides in this State.
18

46. "Facility" means any building or structure and all
19
real property contiguous thereto, including all equipment
20
fixed thereon used for the operation of the business.
21

47. "Chemigation" means the application of a pesticide
22
through the systems or equipment employed for the primary
23
purpose of irrigation of land and crops.
24

48. "Use" means any activity covered by the pesticide
25
label, including, but not limited to, application of
26
pesticide, mixing and loading, storage of pesticides or

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pesticide containers, disposal of pesticides and pesticide
2
containers and reentry into treated sites or areas.
3

49. "Education course" means a course approved by the
4
Department of Agriculture that may be used by a certified
5
applicator, licensed operator, or registered pesticide dealer
6
to meet renewal requirements under the Act.
7

50. "License transfer" means the transfer of an existing
8
license or certification by the Department from one certified
9
applicator or operator to another certified applicator or
10
operator for the period of time remaining on the license
11
before renewal.
12

51. "Perfluoroalkyl or polyfluoroalkyl substance" or
13
"PFAS" means a chemical in the class of fluorinated organic
14
chemicals containing at least one fully fluorinated carbon
15
atom.
16

52. "Intentionally added PFAS" means any chemical that is
17
a PFAS and that is deliberately added during the manufacture
18
of a product if the continued presence of the chemical is
19
desired in the final product or desired in one of the product's
20
components to perform a specific function in the final
21
product. "Intentionally added PFAS" includes (i) any
22
degradation byproduct of a chemical that is a PFAS, (ii) any
23
chemical that is a PFAS and that is a breakdown product of an
24
added chemical, and (iii) any chemical that is a PFAS and that
25
is used as a processing agent, mold release agent, or
26
intermediate in any situation in which any PFAS is detected in

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the final covered product. "Intentionally added PFAS" does not
2
include a chemical that is a PFAS and that is present in the
3
product due to use of water that contains the chemical if the
4
manufacturer took no action that resulted in the chemical
5
being present in the water.
6
(Source: P.A. 103-154, eff. 6-30-23; 104-363, eff. 1-1-26
.)

7

(415 ILCS 60/6)

(from Ch. 5, par. 806)
8

Sec. 6.
Registration.
9

1. Every pesticide which is distributed, sold, offered for
10
sale within this State, delivered for transportation or
11
transported in interstate commerce or between points within
12
the State through any point outside the State, shall be
13
registered with the Director or his designated agent, subject
14
to provisions of this Act. Such registration shall be for a
15
period determined under
subsection

item
1.5 of this Section
16
and shall expire on December 31st. Registration is not
17
required if a pesticide is shipped from one plant or warehouse
18
to another plant or warehouse by the same person and is used
19
solely at such plant or warehouse as a constituent part to make
20
a pesticide which is registered under provisions of this Act
21
and FIFRA.
22

1.5. In order to stagger product registrations, the
23
Department shall, for the 2011 registration year, register
24
half of the applicants and their products for one year and the
25
other half for 2 years. Thereafter, a business registration

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and product registration shall be for 2 years.
2

2. Registration applicant shall file a statement with the
3
Director which shall include:
4

A. The name and address of the applicant and the name
5

and address of the person whose name will appear on the
6

label if different from the applicant's.
7

B. The name of the pesticide.
8

C. A copy of the labeling accompanying the pesticide
9

under customary conditions of distribution, sale and use,
10

including ingredient statement, direction for use, use
11

classification, and precautionary or warning statements.
12

3. The Director may require the submission of complete
13
formula data.
14

4. The Director may require a full description of tests
15
made and the results thereof, upon which the claims are based,
16
for any pesticide not registered pursuant to FIFRA, or on any
17
pesticide under consideration to be classified for restricted
18
use.
19

A. The Director will not consider data he required of
20

the initial registrant of a pesticide in support of
21

another applicants' registration unless the subsequent
22

applicant has obtained written permission to use such
23

data.
24

B. In the case of renewal registration, the Director
25

may accept a statement only with respect to information
26

which is different from that furnished previously.

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1

5. The Director may prescribe other requirements to
2
support a pesticide registration by regulation.
3

6. For the years 2024 through 2025, the product
4
registration fee shall be $800 per product per 2-year
5
registration period and shall be paid at the time of
6
registration. For the year 2026 and for each year thereafter,
7
the product registration fee shall be $850 per product per
8
2-year registration period and shall be paid at the time of
9
registration.
10

For the years 2024 through 2025, the business registration
11
fee shall be $1000 per 2-year registration period and shall be
12
paid at the time of registration. For the year 2026 and for
13
each year thereafter, the business registration fee shall be
14
$1,050 per 2-year registration period and shall be paid at the
15
time of registration. Each legal entity of the business shall
16
pay the business registration fee.
17

For the years preceding the year 2004, any applicant
18
requesting an experimental use permit shall pay the annual fee
19
of $100 per permit and all special local need pesticide
20
registration applicants shall pay an annual fee of $100 per
21
product. For the years 2004 through 2010, the annual
22
experimental use permit fee and special local need pesticide
23
registration fee is $200 per permit. For the years 2011 and
24
thereafter, the annual experimental use permit and special
25
local need pesticide registration fee shall be $300 per
26
product. Subsequent SLN registrations for a pesticide already

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registered shall be exempted from the registration fee.
2

A. All registration accepted and approved by the
3

Director shall expire on the 31st day of December in any
4

one year unless cancelled. Registration for a special
5

local need may be granted for a specific period of time
6

with the approval date and expiration date specified.
7

B. If a registration for special local need granted by
8

the Director does not receive approval of the
9

Administrator of USEPA, the registration shall expire on
10

the date of the Administrator's disapproval.
11

7. Registrations approved and accepted by the Director and
12
in effect on the 31st day of December, for which renewal
13
application is made, shall continue in full force and effect
14
until the Director notifies the registrant that the renewal
15
has been approved and accepted or the registration is denied
16
under this Act. Renewal registration forms will be provided to
17
applicants by the Director.
18

8. If the renewal of a pesticide registration is not filed
19
within 30 days of the date of expiration, a penalty late
20
registration assessment of $100 per product shall apply in
21
addition to the regular product registration fee. The late
22
registration assessment shall not apply if the applicant
23
furnishes an affidavit certifying that no unregulated
24
pesticide was distributed or sold during the period of
25
registration. The late assessment is not a bar to prosecution
26
for doing business without proper registry.

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1

9. The Director may prescribe by regulation to allow
2
pesticide use for a special local need, pursuant to FIFRA.
3

10. The Director may prescribe by regulation the
4
provisions for and requirements of registering a pesticide
5
intended for experimental use.
6

11. The Director shall not make any lack of essentiality a
7
criterion for denial of registration of any pesticide. Where 2
8
pesticides meet the requirements, one should not be registered
9
in preference to the other.
10

12. It shall be the duty of the pesticide registrant to
11
properly dispose of any pesticide the registration of which
12
has been suspended, revoked or cancelled or which is otherwise
13
not properly registered in the State.
14

13. Beginning January 1, 2027, a statement under
15
subsection 2 of this Section shall include either a statement
16
that the pesticide contains no chemical that is a PFAS or, if
17
the pesticide (including its active and inert ingredients)
18
contains any chemical that is a PFAS, the following
19
information:
20

A. the name and purpose for which each chemical that
21

is a PFAS is used in the pesticide, including its active
22

and inert ingredients;
23

B. the amount of each chemical that is in the
24

pesticide and that is a PFAS, identified by its name,
25

chemical structure, analytical methods, Chemical Abstracts
26

Service Registry Number, or other unique method approved

HB4523
- 17 -
LRB104 18016 BDA 31453 b
1

by the Director; and
2

C. any additional information required by rule by the
3

Director.
4

The Department of Agriculture shall adopt rules
5
implementing this subsection 13.
6

14. Beginning January 1, 2027, the Director shall not
7
register any pesticide product that contains any chemical that
8
is an intentionally added PFAS, and the use of any pesticide
9
that contains any chemical that is an intentionally added PFAS
10
is prohibited. The Department of Agriculture shall adopt rules
11
implementing this subsection 14.
12

15. Beginning January 1, 2030, the use of any spray
13
adjuvant that contains any chemical that is an intentionally
14
added PFAS is prohibited. The Department of Agriculture shall
15
adopt rules implementing this subsection 15.
16
(Source: P.A. 103-441, eff. 1-1-24; 104-363, eff. 1-1-26
.)

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