103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0203 Introduced 1/31/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 415 ILCS 60/24.1 from Ch. 5, par. 824.1 Amends the Illinois Pesticide Act. Provides that for any person applying a pesticide that results in exposure to the pesticide by a human, the penalty shall be $2,500. Provides that an additional penalty of $1,000 shall be assessed for each individual human exposed to the pesticide. Effective immediately. LRB103 25085 CPF 51420 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0203 Introduced 1/31/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: 415 ILCS 60/24.1 from Ch. 5, par. 824.1 415 ILCS 60/24.1 from Ch. 5, par. 824.1 Amends the Illinois Pesticide Act. Provides that for any person applying a pesticide that results in exposure to the pesticide by a human, the penalty shall be $2,500. Provides that an additional penalty of $1,000 shall be assessed for each individual human exposed to the pesticide. Effective immediately. LRB103 25085 CPF 51420 b LRB103 25085 CPF 51420 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0203 Introduced 1/31/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
415 ILCS 60/24.1 from Ch. 5, par. 824.1 415 ILCS 60/24.1 from Ch. 5, par. 824.1
415 ILCS 60/24.1 from Ch. 5, par. 824.1
Amends the Illinois Pesticide Act. Provides that for any person applying a pesticide that results in exposure to the pesticide by a human, the penalty shall be $2,500. Provides that an additional penalty of $1,000 shall be assessed for each individual human exposed to the pesticide. Effective immediately.
LRB103 25085 CPF 51420 b LRB103 25085 CPF 51420 b
LRB103 25085 CPF 51420 b
A BILL FOR
SB0203LRB103 25085 CPF 51420 b SB0203 LRB103 25085 CPF 51420 b
SB0203 LRB103 25085 CPF 51420 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 24.1 as follows:
6 (415 ILCS 60/24.1) (from Ch. 5, par. 824.1)
7 Sec. 24.1. Administrative actions and penalties.
8 (1) The Director is authorized after an opportunity for an
9 administrative hearing to suspend, revoke, or modify any
10 license, permit, special order, registration, or certification
11 issued under this Act. This action may be taken in addition to
12 or in lieu of monetary penalties assessed as set forth in this
13 Section. When it is in the interest of the people of the State
14 of Illinois, the Director may, upon good and sufficient
15 evidence, suspend the registration, license, or permit until a
16 hearing has been held. In such cases, the Director shall issue
17 an order in writing setting forth the reasons for the
18 suspension. Such order shall be served personally on the
19 person or by registered or certified mail sent to the person's
20 business address as shown in the latest notification to the
21 Department. When such an order has been issued by the
22 Director, the person may request an immediate hearing.
23 (2) Before initiating hearing proceedings, the Director
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0203 Introduced 1/31/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED:
415 ILCS 60/24.1 from Ch. 5, par. 824.1 415 ILCS 60/24.1 from Ch. 5, par. 824.1
415 ILCS 60/24.1 from Ch. 5, par. 824.1
Amends the Illinois Pesticide Act. Provides that for any person applying a pesticide that results in exposure to the pesticide by a human, the penalty shall be $2,500. Provides that an additional penalty of $1,000 shall be assessed for each individual human exposed to the pesticide. Effective immediately.
LRB103 25085 CPF 51420 b LRB103 25085 CPF 51420 b
LRB103 25085 CPF 51420 b
A BILL FOR
415 ILCS 60/24.1 from Ch. 5, par. 824.1
LRB103 25085 CPF 51420 b
SB0203 LRB103 25085 CPF 51420 b
SB0203- 2 -LRB103 25085 CPF 51420 b SB0203 - 2 - LRB103 25085 CPF 51420 b
SB0203 - 2 - LRB103 25085 CPF 51420 b
1 may issue an advisory letter to a violator of this Act or its
2 rules and regulations when the violation points total 6 or
3 less, as determined by the Department by the Use and Violation
4 Criteria established in this Section. When the Department
5 determines that the violation points total more than 6 but not
6 more than 13, the Director shall issue a warning letter to the
7 violator.
8 (3) The hearing officer upon determination of a violation
9 or violations shall assess one or more of the following
10 penalties:
11 (A) For any person applying pesticides without a
12 license or misrepresenting certification or failing to
13 comply with conditions of an agrichemical facility permit
14 or failing to comply with the conditions of a written
15 authorization for land application of agrichemical
16 contaminated soils or groundwater, a penalty of $500 shall
17 be assessed for the first offense and $1,000 for the
18 second and subsequent offenses.
19 (B) For violations of a stop use order imposed by the
20 Director, the penalty shall be $2500.
21 (C) For violations of a stop sale order imposed by the
22 Director, the penalty shall be $1500 for each individual
23 item of the product found in violation of the order.
24 (D) For selling restricted use pesticides to a
25 non-certified applicator the penalty shall be $1000.
26 (E) For selling restricted use pesticides without a
SB0203 - 2 - LRB103 25085 CPF 51420 b
SB0203- 3 -LRB103 25085 CPF 51420 b SB0203 - 3 - LRB103 25085 CPF 51420 b
SB0203 - 3 - LRB103 25085 CPF 51420 b
1 dealer's license the penalty shall be $1,000.
2 (F) For constructing or operating without an
3 agrichemical facility permit after receiving written
4 notification, the penalty shall be $500 for the first
5 offense and $1,000 for the second and subsequent offenses.
6 (F-5) For any person applying a pesticide that results
7 in exposure to the pesticide by a human, the penalty shall
8 be $2,500. An additional penalty of $1,000 shall be
9 assessed for each individual human exposed to the
10 pesticide.
11 (G) For violations of the Act and rules and
12 regulations, administrative penalties will be based upon
13 the total violation points as determined by the Use and
14 Violation Criteria as set forth in paragraph (4) of this
15 Section. The monetary penalties shall be as follows:
16Total Violation Points Monetary Penalties 1714-16 $750 1817-19 $1000 1920-21 $2500 2022-25 $5000 2126-29 $7500 2230 and above $10,000 16 Total Violation Points Monetary Penalties 17 14-16 $750 18 17-19 $1000 19 20-21 $2500 20 22-25 $5000 21 26-29 $7500 22 30 and above $10,000
16 Total Violation Points Monetary Penalties
17 14-16 $750
18 17-19 $1000
19 20-21 $2500
20 22-25 $5000
21 26-29 $7500
22 30 and above $10,000
23 (4) The following Use and Violation Criteria establishes
24 the point value which shall be compiled to determine the total
25 violation points and administrative actions or monetary
26 penalties to be imposed as set forth in paragraph (3)(G) of
SB0203 - 3 - LRB103 25085 CPF 51420 b
16 Total Violation Points Monetary Penalties
17 14-16 $750
18 17-19 $1000
19 20-21 $2500
20 22-25 $5000
21 26-29 $7500
22 30 and above $10,000
SB0203- 4 -LRB103 25085 CPF 51420 b SB0203 - 4 - LRB103 25085 CPF 51420 b
SB0203 - 4 - LRB103 25085 CPF 51420 b
1 this Section:
2 (A) Point values shall be assessed upon the harm or
3 loss incurred.
4 (1) A point value of 1 shall be assessed for the
5 following:
6 (a) Exposure to a pesticide by plants, animals
7 or humans with no symptoms or damage noted.
8 (b) Fraudulent sales practices or
9 representations with no apparent monetary losses
10 involved.
11 (2) A point value of 2 shall be assessed for the
12 following:
13 (a) Exposure to a pesticide which resulted in:
14 (1) Plants or property showing signs of
15 damage including but not limited to leaf curl,
16 burning, wilting, spotting, discoloration, or
17 dying.
18 (2) Garden produce or an agricultural crop
19 not being harvested on schedule.
20 (3) Fraudulent sales practices or
21 representations resulting in losses under
22 $500.
23 (3) A point value of 4 shall be assessed for the
24 following:
25 (a) Exposure to a pesticide resulting in a
26 human experiencing headaches, nausea, eye
SB0203 - 4 - LRB103 25085 CPF 51420 b
SB0203- 5 -LRB103 25085 CPF 51420 b SB0203 - 5 - LRB103 25085 CPF 51420 b
SB0203 - 5 - LRB103 25085 CPF 51420 b
1 irritation and such other symptoms which persisted
2 less than 3 days.
3 (b) Plant or property damage resulting in a
4 loss below $1000.
5 (c) Animals exhibiting symptoms of pesticide
6 poisoning including but not limited to eye or skin
7 irritations or lack of coordination.
8 (d) Death to less than 5 animals.
9 (e) Fraudulent sales practices or
10 representations resulting in losses from $500 to
11 $2000.
12 (4) A point value of 6 shall be assessed for the
13 following:
14 (a) Exposure to a pesticide resulting in a
15 human experiencing headaches, nausea, eye
16 irritation and such other symptoms which persisted
17 3 or more days.
18 (b) Plant or property damage resulting in a
19 loss of $1000 or more.
20 (c) Death to 5 or more animals.
21 (d) Fraudulent sales practices or
22 representations resulting in losses over $2000.
23 (B) Point values shall be assessed based upon the
24 signal word on the label of the chemical involved:
25Point Value Signal Word 26 1 Caution 25 Point Value Signal Word 26 1 Caution
25 Point Value Signal Word
26 1 Caution
SB0203 - 5 - LRB103 25085 CPF 51420 b
25 Point Value Signal Word
26 1 Caution
SB0203- 6 -LRB103 25085 CPF 51420 b SB0203 - 6 - LRB103 25085 CPF 51420 b
SB0203 - 6 - LRB103 25085 CPF 51420 b
1 2 Warning 2 4 Danger/Poison 1 2 Warning 2 4 Danger/Poison
1 2 Warning
2 4 Danger/Poison
3 (C) Point values shall be assessed based upon the
4 degree of responsibility.
5Point ValueDegree of Responsibility62Accidental (such as equipment7 malfunction)84Negligence910Knowingly 5 Point Value Degree of Responsibility 6 2 Accidental (such as equipment 7 malfunction) 8 4 Negligence 9 10 Knowingly
5 Point Value Degree of Responsibility
6 2 Accidental (such as equipment
7 malfunction)
8 4 Negligence
9 10 Knowingly
10 (D) Point values shall be assessed based upon the
11 violator's history for the previous 3 years:
12Point ValueRecord132Advisory letter143Warning letter155161718Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty197Certification, license or 20registration currently21suspended or revoked 12 Point Value Record 13 2 Advisory letter 14 3 Warning letter 15 5 16 17 18 Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty 19 7 Certification, license or 20 registration currently 21 suspended or revoked
12 Point Value Record
13 2 Advisory letter
14 3 Warning letter
15 5
16
17
18 Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty
19 7 Certification, license or
20 registration currently
21 suspended or revoked
22 (E) Point values shall be assessed based upon the
23 violation type:
24 (1) Application Oriented:
25Point ValueViolation261Inadequate records 25 Point Value Violation 26 1 Inadequate records
25 Point Value Violation
26 1 Inadequate records
SB0203 - 6 - LRB103 25085 CPF 51420 b
1 2 Warning
2 4 Danger/Poison
5 Point Value Degree of Responsibility
6 2 Accidental (such as equipment
7 malfunction)
8 4 Negligence
9 10 Knowingly
12 Point Value Record
13 2 Advisory letter
14 3 Warning letter
15 5
16
17
18 Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty
19 7 Certification, license or
20 registration currently
21 suspended or revoked
25 Point Value Violation
26 1 Inadequate records
SB0203- 7 -LRB103 25085 CPF 51420 b SB0203 - 7 - LRB103 25085 CPF 51420 b
SB0203 - 7 - LRB103 25085 CPF 51420 b
12Lack of supervision22Faulty equipment 1 2 Lack of supervision 2 2 Faulty equipment
1 2 Lack of supervision
2 2 Faulty equipment
3 Use contrary to label directions:
42a. resulting in exposure to 5applicator or operator63b. resulting in exposure to 7other persons or the8environment93c. precautionary statements, 10sites, rates, restricted use11requirements123Water contamination133Storage or disposal contrary 14to label directions153Pesticide drift164Direct application to a17 non-target site186Falsification of records19620Failure to secure a permit or violation of permit or special21 order 4 2 a. resulting in exposure to 5 applicator or operator 6 3 b. resulting in exposure to 7 other persons or the 8 environment 9 3 c. precautionary statements, 10 sites, rates, restricted use 11 requirements 12 3 Water contamination 13 3 Storage or disposal contrary 14 to label directions 15 3 Pesticide drift 16 4 Direct application to a 17 non-target site 18 6 Falsification of records 19 6 20 Failure to secure a permit or violation of permit or special 21 order
4 2 a. resulting in exposure to
5 applicator or operator
6 3 b. resulting in exposure to
7 other persons or the
8 environment
9 3 c. precautionary statements,
10 sites, rates, restricted use
11 requirements
12 3 Water contamination
13 3 Storage or disposal contrary
14 to label directions
15 3 Pesticide drift
16 4 Direct application to a
17 non-target site
18 6 Falsification of records
19 6
20 Failure to secure a permit or violation of permit or special
21 order
22 (2) Product Oriented:
23Point ValueViolation246Pesticide not registered254Product label claims differ 26from approved label 23 Point Value Violation 24 6 Pesticide not registered 25 4 Product label claims differ 26 from approved label
23 Point Value Violation
24 6 Pesticide not registered
25 4 Product label claims differ
26 from approved label
SB0203 - 7 - LRB103 25085 CPF 51420 b
1 2 Lack of supervision
2 2 Faulty equipment
4 2 a. resulting in exposure to
5 applicator or operator
6 3 b. resulting in exposure to
7 other persons or the
8 environment
9 3 c. precautionary statements,
10 sites, rates, restricted use
11 requirements
12 3 Water contamination
13 3 Storage or disposal contrary
14 to label directions
15 3 Pesticide drift
16 4 Direct application to a
17 non-target site
18 6 Falsification of records
19 6
20 Failure to secure a permit or violation of permit or special
21 order
23 Point Value Violation
24 6 Pesticide not registered
25 4 Product label claims differ
26 from approved label
SB0203- 8 -LRB103 25085 CPF 51420 b SB0203 - 8 - LRB103 25085 CPF 51420 b
SB0203 - 8 - LRB103 25085 CPF 51420 b
142Product composition (active ingredients differs from 3that of approved label)44Product not colored as required54Misbranding as set forth in 6Section 5 of the Act (4 7points will be assessed for8each count) 1 4 2 Product composition (active ingredients differs from 3 that of approved label) 4 4 Product not colored as required 5 4 Misbranding as set forth in 6 Section 5 of the Act (4 7 points will be assessed for 8 each count)
1 4
2 Product composition (active ingredients differs from
3 that of approved label)
4 4 Product not colored as required
5 4 Misbranding as set forth in
6 Section 5 of the Act (4
7 points will be assessed for
8 each count)
9 (5) Any penalty not paid within 60 days of notice from
10 the Department shall be submitted to the Attorney
11 General's Office for collection. Failure to pay a penalty
12 shall also be grounds for suspension or revocation of
13 permits, licenses and registrations.
14 (6) Private applicators, except those private
15 applicators who have been found by the Department to have
16 committed a "use inconsistent with the label" as defined
17 in subsection 40 of Section 4 of this Act, are exempt from
18 the Use and Violation Criteria point values.
19 (Source: P.A. 102-558, eff. 8-20-21.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.
SB0203 - 8 - LRB103 25085 CPF 51420 b
1 4
2 Product composition (active ingredients differs from
3 that of approved label)
4 4 Product not colored as required
5 4 Misbranding as set forth in
6 Section 5 of the Act (4
7 points will be assessed for
8 each count)