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Senate Amendment 001

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Introduced

Senate Amendment 001

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3200

Introduced 2/2/2026, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

415 ILCS 60/4

from Ch. 5, par. 804
415 ILCS 60/13.6 new

Amends the Illinois Pesticide Act. Provides that, beginning July 1,
2027, a pesticide containing a neonicotinoid may not be used on an
ornamental plant, except in accordance with specified restrictions.
Specifies that "restricted use pesticide" includes any pesticide that
contains a neonicotinoid unless applied by a licensed applicator or
certified technician working in structural pest control. Defines
"neonicotinoid", "ornamental plant", and "zoophilous species". Grants
rulemaking powers to the Department of Agriculture, the Department of
Public Health, and the Environmental Protection Agency. Effective
immediately.
LRB104 18429 TRT 31871 b

A BILL FOR

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LRB104 18429 TRT 31871 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 Section 4 and by adding Section 13.6 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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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

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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
(i)
any pesticide
25
with one or more of its uses classified as restricted by order
26
of the Administrator of USEPA
or the Director or (ii) any

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LRB104 18429 TRT 31871 b
1
pesticide that contains a neonicotinoid. "Restricted Use
2
Pesticide" does not include a pesticide containing a
3
neonicotinoid that is applied by a licensed applicator or
4
certified technician working in structural pest control
.
5

35. "SLN Registration" means registration of a pesticide
6
for use under conditions of special local need as defined by
7
FIFRA.
8

36. "State Restricted Pesticide Use" means any pesticide
9
use which the Director determines, subsequent to public
10
hearing, that an additional restriction for that use is needed
11
to prevent unreasonable adverse effects.
12

37. "Structural Pest" means any pests which attack and
13
destroy buildings and other structures or which attack
14
clothing, stored food, commodities stored at food
15
manufacturing and processing facilities or manufactured and
16
processed goods.
17

38. "Unreasonable Adverse Effects on the Environment"
18
means the unreasonable risk to the environment, including man,
19
from the use of any pesticide, when taking into account
20
accrued benefits of as well as the economic, social, and
21
environmental costs of its use.
22

39. "USEPA" means United States Environmental Protection
23
Agency.
24

40. "Use inconsistent with the label" means to use a
25
pesticide in a manner not consistent with the label
26
instruction, the definition adopted in FIFRA as interpreted by

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1
USEPA shall apply in Illinois.
2

41. "Weed" means any plant growing in a place where it is
3
not wanted.
4

42. "Wildlife" means all living things, not human,
5
domestic, or pests.
6

43. "Bulk pesticide" means any registered pesticide which
7
is transported or held in an individual container in undivided
8
quantities of greater than 55 U.S. gallons liquid measure or
9
100 pounds net dry weight.
10

44. "Bulk repackaging" means the transfer of a registered
11
pesticide from one bulk container (containing undivided
12
quantities of greater than 100 U.S. gallons liquid measure or
13
100 pounds net dry weight) to another bulk container
14
(containing undivided quantities of greater than 100 U.S.
15
gallons liquid measure or 100 pounds net dry weight) in an
16
unaltered state in preparation for sale or distribution to
17
another person.
18

45. "Business" means any individual, partnership,
19
corporation or association engaged in a business operation for
20
the purpose of selling or distributing pesticides or providing
21
the service of application of pesticides in this State.
22

46. "Facility" means any building or structure and all
23
real property contiguous thereto, including all equipment
24
fixed thereon used for the operation of the business.
25

47. "Chemigation" means the application of a pesticide
26
through the systems or equipment employed for the primary

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1
purpose of irrigation of land and crops.
2

48. "Use" means any activity covered by the pesticide
3
label, including, but not limited to, application of
4
pesticide, mixing and loading, storage of pesticides or
5
pesticide containers, disposal of pesticides and pesticide
6
containers and reentry into treated sites or areas.
7

49. "Education course" means a course approved by the
8
Department of Agriculture that may be used by a certified
9
applicator, licensed operator, or registered pesticide dealer
10
to meet renewal requirements under the Act.
11

50. "License transfer" means the transfer of an existing
12
license or certification by the Department from one certified
13
applicator or operator to another certified applicator or
14
operator for the period of time remaining on the license
15
before renewal.
16

51. "Neonicotinoid" means any pesticide, excluding any
17
wood preservative pesticide, that contains clothianidin,
18
imidacloprid, thiamethoxam, dinotefuran, acetamiprid,
19
thiacloprid, nithiazine, nitenpyram, or any other
20
neonicotinoid that may be identified by rule adopted by the
21
Department of Agriculture.
22

52. "Ornamental plant" means a plant that is perennial,
23
annual, grass, or ground cover and that is purposefully
24
planted for aesthetic reasons.

25
(Source: P.A. 103-154, eff. 6-30-23; 104-363, eff. 1-1-26
.)

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1

(415 ILCS 60/13.6 new)
2

Sec. 13.6.
Neonicotinoids.
3

(a) In this Section, "zoophilous species" means any
4
species of plants pollinated by insects, birds, or bats.

5

(b) Beginning July 1, 2027, a pesticide containing a
6
neonicotinoid may not be used on an ornamental plant unless:
7

(1) the pesticide is used outdoors for:
8

(A) structural pest control; or
9

(B) abatement of nonnative insect borers, such as
10

Agrilus planipennis or related or similar insect
11

pests;
12

(2) the abatement application of the pesticide is
13

restricted to:
14

(A) basal bark spray;
15

(B) basal drench solely at the base of a tree;
16

(C) soil injection solely at the base of a tree; or
17

(D) systemic root flare or trunk injection;
18

(3) no broadcast soil treatment of the pesticide,
19

foliar spraying of the pesticide, or dusting of the
20

pesticide is used; and
21

(4) the abatement application of the pesticide to a
22

zoophilous species occurs after the blooming period has
23

passed and early enough to ensure that chemical
24

decomposition occurs before the following bloom season.
25

(c) The Department of Agriculture, the Department of
26
Public Health, the Environmental Protection Agency, or any

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1
combination of those agencies under the authorities vested in
2
those agencies under Section 3 of this Act may adopt rules
3
conforming with this Section and with the changes made by this
4
amendatory Act of the 104th General Assembly.

5

Section 95.
No acceleration or delay.
Where this Act makes
6
changes in a statute that is represented in this Act by text
7
that is not yet or no longer in effect (for example, a Section
8
represented by multiple versions), the use of that text does
9
not accelerate or delay the taking effect of (i) the changes
10
made by this Act or (ii) provisions derived from any other
11
Public Act.

12

Section 99.
Effective date.
This Act takes effect upon
13
becoming law.

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