Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0203 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0062
2	1		SB0203 EnrolledLRB103 25085 CPF 51420 b SB0203 Enrolled LRB103 25085 CPF 51420 b
3	2		SB0203 Enrolled LRB103 25085 CPF 51420 b
4		-	AN ACT concerning safety.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Pesticide Act is amended by
8		-	changing Section 24.1 as follows:
9		-	(415 ILCS 60/24.1) (from Ch. 5, par. 824.1)
10		-	Sec. 24.1. Administrative actions and penalties.
11		-	(1) The Director is authorized after an opportunity for an
12		-	administrative hearing to suspend, revoke, or modify any
13		-	license, permit, special order, registration, or certification
14		-	issued under this Act. This action may be taken in addition to
15		-	or in lieu of monetary penalties assessed as set forth in this
16		-	Section. When it is in the interest of the people of the State
17		-	of Illinois, the Director may, upon good and sufficient
18		-	evidence, suspend the registration, license, or permit until a
19		-	hearing has been held. In such cases, the Director shall issue
20		-	an order in writing setting forth the reasons for the
21		-	suspension. Such order shall be served personally on the
22		-	person or by registered or certified mail sent to the person's
23		-	business address as shown in the latest notification to the
24		-	Department. When such an order has been issued by the
25		-	Director, the person may request an immediate hearing.
26		-	(2) Before initiating hearing proceedings, the Director
	3	+	1 AN ACT concerning safety.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Pesticide Act is amended by
	7	+	5 changing Section 24.1 as follows:
	8	+	6 (415 ILCS 60/24.1) (from Ch. 5, par. 824.1)
	9	+	7 Sec. 24.1. Administrative actions and penalties.
	10	+	8 (1) The Director is authorized after an opportunity for an
	11	+	9 administrative hearing to suspend, revoke, or modify any
	12	+	10 license, permit, special order, registration, or certification
	13	+	11 issued under this Act. This action may be taken in addition to
	14	+	12 or in lieu of monetary penalties assessed as set forth in this
	15	+	13 Section. When it is in the interest of the people of the State
	16	+	14 of Illinois, the Director may, upon good and sufficient
	17	+	15 evidence, suspend the registration, license, or permit until a
	18	+	16 hearing has been held. In such cases, the Director shall issue
	19	+	17 an order in writing setting forth the reasons for the
	20	+	18 suspension. Such order shall be served personally on the
	21	+	19 person or by registered or certified mail sent to the person's
	22	+	20 business address as shown in the latest notification to the
	23	+	21 Department. When such an order has been issued by the
	24	+	22 Director, the person may request an immediate hearing.
	25	+	23 (2) Before initiating hearing proceedings, the Director
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28	27
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30	29		SB0203 Enrolled LRB103 25085 CPF 51420 b
31	30
32	31
33		-	may issue an advisory letter to a violator of this Act or its
34		-	rules and regulations when the violation points total 6 or
35		-	less, as determined by the Department by the Use and Violation
36		-	Criteria established in this Section. When the Department
37		-	determines that the violation points total more than 6 but not
38		-	more than 13, the Director shall issue a warning letter to the
39		-	violator.
40		-	(3) The hearing officer upon determination of a violation
41		-	or violations shall assess one or more of the following
42		-	penalties:
43		-	(A) For any person applying pesticides without a
44		-	license or misrepresenting certification or failing to
45		-	comply with conditions of an agrichemical facility permit
46		-	or failing to comply with the conditions of a written
47		-	authorization for land application of agrichemical
48		-	contaminated soils or groundwater, a penalty of $500 shall
49		-	be assessed for the first offense and $1,000 for the
50		-	second and subsequent offenses.
51		-	(B) For violations of a stop use order imposed by the
52		-	Director, the penalty shall be $2500.
53		-	(C) For violations of a stop sale order imposed by the
54		-	Director, the penalty shall be $1500 for each individual
55		-	item of the product found in violation of the order.
56		-	(D) For selling restricted use pesticides to a
57		-	non-certified applicator the penalty shall be $1000.
58		-	(E) For selling restricted use pesticides without a
	32	+	SB0203 Enrolled- 2 -LRB103 25085 CPF 51420 b SB0203 Enrolled - 2 - LRB103 25085 CPF 51420 b
	33	+	SB0203 Enrolled - 2 - LRB103 25085 CPF 51420 b
	34	+	1 may issue an advisory letter to a violator of this Act or its
	35	+	2 rules and regulations when the violation points total 6 or
	36	+	3 less, as determined by the Department by the Use and Violation
	37	+	4 Criteria established in this Section. When the Department
	38	+	5 determines that the violation points total more than 6 but not
	39	+	6 more than 13, the Director shall issue a warning letter to the
	40	+	7 violator.
	41	+	8 (3) The hearing officer upon determination of a violation
	42	+	9 or violations shall assess one or more of the following
	43	+	10 penalties:
	44	+	11 (A) For any person applying pesticides without a
	45	+	12 license or misrepresenting certification or failing to
	46	+	13 comply with conditions of an agrichemical facility permit
	47	+	14 or failing to comply with the conditions of a written
	48	+	15 authorization for land application of agrichemical
	49	+	16 contaminated soils or groundwater, a penalty of $500 shall
	50	+	17 be assessed for the first offense and $1,000 for the
	51	+	18 second and subsequent offenses.
	52	+	19 (B) For violations of a stop use order imposed by the
	53	+	20 Director, the penalty shall be $2500.
	54	+	21 (C) For violations of a stop sale order imposed by the
	55	+	22 Director, the penalty shall be $1500 for each individual
	56	+	23 item of the product found in violation of the order.
	57	+	24 (D) For selling restricted use pesticides to a
	58	+	25 non-certified applicator the penalty shall be $1000.
	59	+	26 (E) For selling restricted use pesticides without a
59	60
60	61
61		-	dealer's license the penalty shall be $1,000.
62		-	(F) For constructing or operating without an
63		-	agrichemical facility permit after receiving written
64		-	notification, the penalty shall be $500 for the first
65		-	offense and $1,000 for the second and subsequent offenses.
66		-	(F-5) For any person found by the Department to have
67		-	committed a use inconsistent with the label, as defined in
68		-	subsection 40 of Section 4, that results in human exposure
69		-	to a pesticide, the penalty shall be assessed in
70		-	accordance with this paragraph (F-5). The Department shall
71		-	impose a penalty under this paragraph (F-5) only if it
72		-	represents an amount greater than the penalty assessed
73		-	under subparagraph (G). The amount of the penalty under
74		-	this paragraph (F-5) is calculated as follows:
75		-	(a) If fewer than 3 humans are exposed, then the
76		-	penalty shall be $500 for each human exposed.
77		-	(b) If 3 or more humans but fewer than 5 humans are
78		-	exposed, then the penalty shall be $750 for each human
79		-	exposed.
80		-	(c) If 5 or more humans are exposed, then the
81		-	penalty shall be $1,250 for each human exposed.
82		-	If a penalty is imposed under this paragraph (F-5),
83		-	the Department shall redetermine the total violation
84		-	points under subsection (4), less any points under
85		-	subsection (4) stemming from human exposure, and impose
86		-	any additional penalty under subparagraph (G) based on the
87	62
88	63
89		-	new total. The reassessed total shall not affect any
90		-	determination under subsection (2); any determination
91		-	under subsection (2) shall be determined by the full
92		-	application of points under subsection (4).
93		-	(G) For violations of the Act and rules and
94		-	regulations, administrative penalties will be based upon
95		-	the total violation points as determined by the Use and
96		-	Violation Criteria as set forth in paragraph (4) of this
97		-	Section. The monetary penalties shall be as follows:
98		-	Total Violation Points Monetary Penalties 14-16 $750 17-19 $1000 20-21 $2500 22-25 $5000 26-29 $7500 30 and above $10,000 Total Violation Points Monetary Penalties 14-16 $750 17-19 $1000 20-21 $2500 22-25 $5000 26-29 $7500 30 and above $10,000
99		-	Total Violation Points Monetary Penalties
100		-	14-16 $750
101		-	17-19 $1000
102		-	20-21 $2500
103		-	22-25 $5000
104		-	26-29 $7500
105		-	30 and above $10,000
106		-	(4) Subject to paragraph (F-5), the The following Use and
107		-	Violation Criteria establishes the point value which shall be
108		-	compiled to determine the total violation points and
109		-	administrative actions or monetary penalties to be imposed as
110		-	set forth in paragraph (3)(G) of this Section:
111		-	(A) Point values shall be assessed upon the harm or
112		-	loss incurred.
113		-	(1) A point value of 1 shall be assessed for the
114		-	following:
115		-	(a) Exposure to a pesticide by plants, animals
	64	+
	65	+	SB0203 Enrolled - 2 - LRB103 25085 CPF 51420 b
116	66
117	67
118		-	Total Violation Points Monetary Penalties
119		-	14-16 $750
120		-	17-19 $1000
121		-	20-21 $2500
122		-	22-25 $5000
123		-	26-29 $7500
124		-	30 and above $10,000
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	69	+	SB0203 Enrolled - 3 - LRB103 25085 CPF 51420 b
	70	+	1 dealer's license the penalty shall be $1,000.
	71	+	2 (F) For constructing or operating without an
	72	+	3 agrichemical facility permit after receiving written
	73	+	4 notification, the penalty shall be $500 for the first
	74	+	5 offense and $1,000 for the second and subsequent offenses.
	75	+	6 (F-5) For any person found by the Department to have
	76	+	7 committed a use inconsistent with the label, as defined in
	77	+	8 subsection 40 of Section 4, that results in human exposure
	78	+	9 to a pesticide, the penalty shall be assessed in
	79	+	10 accordance with this paragraph (F-5). The Department shall
	80	+	11 impose a penalty under this paragraph (F-5) only if it
	81	+	12 represents an amount greater than the penalty assessed
	82	+	13 under subparagraph (G). The amount of the penalty under
	83	+	14 this paragraph (F-5) is calculated as follows:
	84	+	15 (a) If fewer than 3 humans are exposed, then the
	85	+	16 penalty shall be $500 for each human exposed.
	86	+	17 (b) If 3 or more humans but fewer than 5 humans are
	87	+	18 exposed, then the penalty shall be $750 for each human
	88	+	19 exposed.
	89	+	20 (c) If 5 or more humans are exposed, then the
	90	+	21 penalty shall be $1,250 for each human exposed.
	91	+	22 If a penalty is imposed under this paragraph (F-5),
	92	+	23 the Department shall redetermine the total violation
	93	+	24 points under subsection (4), less any points under
	94	+	25 subsection (4) stemming from human exposure, and impose
	95	+	26 any additional penalty under subparagraph (G) based on the
125	96
126	97
127		-	or humans with no symptoms or damage noted.
128		-	(b) Fraudulent sales practices or
129		-	representations with no apparent monetary losses
130		-	involved.
131		-	(2) A point value of 2 shall be assessed for the
132		-	following:
133		-	(a) Exposure to a pesticide which resulted in:
134		-	(1) Plants or property showing signs of
135		-	damage including but not limited to leaf curl,
136		-	burning, wilting, spotting, discoloration, or
137		-	dying.
138		-	(2) Garden produce or an agricultural crop
139		-	not being harvested on schedule.
140		-	(3) Fraudulent sales practices or
141		-	representations resulting in losses under
142		-	$500.
143		-	(3) A point value of 4 shall be assessed for the
144		-	following:
145		-	(a) Exposure to a pesticide resulting in a
146		-	human experiencing headaches, nausea, eye
147		-	irritation and such other symptoms which persisted
148		-	less than 3 days.
149		-	(b) Plant or property damage resulting in a
150		-	loss below $1000.
151		-	(c) Animals exhibiting symptoms of pesticide
152		-	poisoning including but not limited to eye or skin
153	98
154	99
155		-	irritations or lack of coordination.
156		-	(d) Death to less than 5 animals.
157		-	(e) Fraudulent sales practices or
158		-	representations resulting in losses from $500 to
159		-	$2000.
160		-	(4) A point value of 6 shall be assessed for the
161		-	following:
162		-	(a) Exposure to a pesticide resulting in a
163		-	human experiencing headaches, nausea, eye
164		-	irritation and such other symptoms which persisted
165		-	3 or more days.
166		-	(b) Plant or property damage resulting in a
167		-	loss of $1000 or more.
168		-	(c) Death to 5 or more animals.
169		-	(d) Fraudulent sales practices or
170		-	representations resulting in losses over $2000.
171		-	(B) Point values shall be assessed based upon the
172		-	signal word on the label of the chemical involved:
173		-	Point Value Signal Word 1 Caution 2 Warning 4 Danger/Poison Point Value Signal Word 1 Caution 2 Warning 4 Danger/Poison
174		-	Point Value Signal Word
175		-	1 Caution
176		-	2 Warning
177		-	4 Danger/Poison
178		-	(C) Point values shall be assessed based upon the
179		-	degree of responsibility.
180		-	Point ValueDegree of Responsibility2Accidental (such as equipment Point Value Degree of Responsibility 2 Accidental (such as equipment
181		-	Point Value Degree of Responsibility
182		-	2 Accidental (such as equipment
	100	+
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183	102
184	103
185		-	Point Value Signal Word
186		-	1 Caution
187		-	2 Warning
188		-	4 Danger/Poison
	104	+	SB0203 Enrolled- 4 -LRB103 25085 CPF 51420 b SB0203 Enrolled - 4 - LRB103 25085 CPF 51420 b
	105	+	SB0203 Enrolled - 4 - LRB103 25085 CPF 51420 b
	106	+	1 new total. The reassessed total shall not affect any
	107	+	2 determination under subsection (2); any determination
	108	+	3 under subsection (2) shall be determined by the full
	109	+	4 application of points under subsection (4).
	110	+	5 (G) For violations of the Act and rules and
	111	+	6 regulations, administrative penalties will be based upon
	112	+	7 the total violation points as determined by the Use and
	113	+	8 Violation Criteria as set forth in paragraph (4) of this
	114	+	9 Section. The monetary penalties shall be as follows:
	115	+	10Total Violation Points Monetary Penalties 1114-16 $750 1217-19 $1000 1320-21 $2500 1422-25 $5000 1526-29 $7500 1630 and above $10,000 10 Total Violation Points Monetary Penalties 11 14-16 $750 12 17-19 $1000 13 20-21 $2500 14 22-25 $5000 15 26-29 $7500 16 30 and above $10,000
	116	+	10 Total Violation Points Monetary Penalties
	117	+	11 14-16 $750
	118	+	12 17-19 $1000
	119	+	13 20-21 $2500
	120	+	14 22-25 $5000
	121	+	15 26-29 $7500
	122	+	16 30 and above $10,000
	123	+	17 (4) Subject to paragraph (F-5), the The following Use and
	124	+	18 Violation Criteria establishes the point value which shall be
	125	+	19 compiled to determine the total violation points and
	126	+	20 administrative actions or monetary penalties to be imposed as
	127	+	21 set forth in paragraph (3)(G) of this Section:
	128	+	22 (A) Point values shall be assessed upon the harm or
	129	+	23 loss incurred.
	130	+	24 (1) A point value of 1 shall be assessed for the
	131	+	25 following:
	132	+	26 (a) Exposure to a pesticide by plants, animals
189	133
190	134
191		-	Point Value Degree of Responsibility
192		-	2 Accidental (such as equipment
193	135
194	136
195		-	malfunction)4Negligence10Knowingly malfunction) 4 Negligence 10 Knowingly
196		-	malfunction)
197		-	4 Negligence
198		-	10 Knowingly
199		-	(D) Point values shall be assessed based upon the
200		-	violator's history for the previous 3 years:
201		-	Point ValueRecord2Advisory letter3Warning letter5Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty7Certification, license or registration currentlysuspended or revoked Point Value Record 2 Advisory letter 3 Warning letter 5 Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty 7 Certification, license or registration currently suspended or revoked
202		-	Point Value Record
203		-	2 Advisory letter
204		-	3 Warning letter
205		-	5
206		-	Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty
207		-	7 Certification, license or
208		-	registration currently
209		-	suspended or revoked
210		-	(E) Point values shall be assessed based upon the
211		-	violation type:
212		-	(1) Application Oriented:
213		-	Point ValueViolation1Inadequate records2Lack of supervision2Faulty equipment Point Value Violation 1 Inadequate records 2 Lack of supervision 2 Faulty equipment
214		-	Point Value Violation
215		-	1 Inadequate records
216		-	2 Lack of supervision
217		-	2 Faulty equipment
218		-	Use contrary to label directions:
219		-	2a. resulting in exposure to applicator or operator3b. resulting in exposure to 2 a. resulting in exposure to applicator or operator 3 b. resulting in exposure to
220		-	2 a. resulting in exposure to
221		-	applicator or operator
222		-	3 b. resulting in exposure to
223	137
224		-	malfunction)
225		-	4 Negligence
226		-	10 Knowingly
	138	+	SB0203 Enrolled - 4 - LRB103 25085 CPF 51420 b
227	139
228	140
229		-	Point Value Record
230		-	2 Advisory letter
231		-	3 Warning letter
232		-	5
233		-	Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty
234		-	7 Certification, license or
235		-	registration currently
236		-	suspended or revoked
	141	+	10 Total Violation Points Monetary Penalties
	142	+	11 14-16 $750
	143	+	12 17-19 $1000
	144	+	13 20-21 $2500
	145	+	14 22-25 $5000
	146	+	15 26-29 $7500
	147	+	16 30 and above $10,000
237	148
238	149
239		-	Point Value Violation
240		-	1 Inadequate records
241		-	2 Lack of supervision
242		-	2 Faulty equipment
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	151	+	SB0203 Enrolled - 5 - LRB103 25085 CPF 51420 b
	152	+	1 or humans with no symptoms or damage noted.
	153	+	2 (b) Fraudulent sales practices or
	154	+	3 representations with no apparent monetary losses
	155	+	4 involved.
	156	+	5 (2) A point value of 2 shall be assessed for the
	157	+	6 following:
	158	+	7 (a) Exposure to a pesticide which resulted in:
	159	+	8 (1) Plants or property showing signs of
	160	+	9 damage including but not limited to leaf curl,
	161	+	10 burning, wilting, spotting, discoloration, or
	162	+	11 dying.
	163	+	12 (2) Garden produce or an agricultural crop
	164	+	13 not being harvested on schedule.
	165	+	14 (3) Fraudulent sales practices or
	166	+	15 representations resulting in losses under
	167	+	16 $500.
	168	+	17 (3) A point value of 4 shall be assessed for the
	169	+	18 following:
	170	+	19 (a) Exposure to a pesticide resulting in a
	171	+	20 human experiencing headaches, nausea, eye
	172	+	21 irritation and such other symptoms which persisted
	173	+	22 less than 3 days.
	174	+	23 (b) Plant or property damage resulting in a
	175	+	24 loss below $1000.
	176	+	25 (c) Animals exhibiting symptoms of pesticide
	177	+	26 poisoning including but not limited to eye or skin
243	178
244	179
245		-	2 a. resulting in exposure to
246		-	applicator or operator
247		-	3 b. resulting in exposure to
248	180
249	181
250		-	other persons or theenvironment3c. precautionary statements, sites, rates, restricted userequirements3Water contamination3Storage or disposal contrary to label directions3Pesticide drift4Direct application to a non-target site6Falsification of records6Failure to secure a permit or violation of permit or special order other persons or the environment 3 c. precautionary statements, sites, rates, restricted use requirements 3 Water contamination 3 Storage or disposal contrary to label directions 3 Pesticide drift 4 Direct application to a non-target site 6 Falsification of records 6 Failure to secure a permit or violation of permit or special order
251		-	other persons or the
252		-	environment
253		-	3 c. precautionary statements,
254		-	sites, rates, restricted use
255		-	requirements
256		-	3 Water contamination
257		-	3 Storage or disposal contrary
258		-	to label directions
259		-	3 Pesticide drift
260		-	4 Direct application to a
261		-	non-target site
262		-	6 Falsification of records
263		-	6
264		-	Failure to secure a permit or violation of permit or special
265		-	order
266		-	(2) Product Oriented:
267		-	Point ValueViolation6Pesticide not registered4Product label claims differ from approved label4Product composition (active ingredients differs from that of approved label)4Product not colored as required4Misbranding as set forth in Section 5 of the Act (4 Point Value Violation 6 Pesticide not registered 4 Product label claims differ from approved label 4 Product composition (active ingredients differs from that of approved label) 4 Product not colored as required 4 Misbranding as set forth in Section 5 of the Act (4
268		-	Point Value Violation
269		-	6 Pesticide not registered
270		-	4 Product label claims differ
271		-	from approved label
272		-	4
273		-	Product composition (active ingredients differs from
274		-	that of approved label)
275		-	4 Product not colored as required
276		-	4 Misbranding as set forth in
277		-	Section 5 of the Act (4
278	182
279		-	other persons or the
280		-	environment
281		-	3 c. precautionary statements,
282		-	sites, rates, restricted use
283		-	requirements
284		-	3 Water contamination
285		-	3 Storage or disposal contrary
286		-	to label directions
287		-	3 Pesticide drift
288		-	4 Direct application to a
289		-	non-target site
290		-	6 Falsification of records
291		-	6
292		-	Failure to secure a permit or violation of permit or special
293		-	order
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294	184
295	185
296		-	Point Value Violation
297		-	6 Pesticide not registered
298		-	4 Product label claims differ
299		-	from approved label
300		-	4
301		-	Product composition (active ingredients differs from
302		-	that of approved label)
303		-	4 Product not colored as required
304		-	4 Misbranding as set forth in
305		-	Section 5 of the Act (4
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	187	+	SB0203 Enrolled - 6 - LRB103 25085 CPF 51420 b
	188	+	1 irritations or lack of coordination.
	189	+	2 (d) Death to less than 5 animals.
	190	+	3 (e) Fraudulent sales practices or
	191	+	4 representations resulting in losses from $500 to
	192	+	5 $2000.
	193	+	6 (4) A point value of 6 shall be assessed for the
	194	+	7 following:
	195	+	8 (a) Exposure to a pesticide resulting in a
	196	+	9 human experiencing headaches, nausea, eye
	197	+	10 irritation and such other symptoms which persisted
	198	+	11 3 or more days.
	199	+	12 (b) Plant or property damage resulting in a
	200	+	13 loss of $1000 or more.
	201	+	14 (c) Death to 5 or more animals.
	202	+	15 (d) Fraudulent sales practices or
	203	+	16 representations resulting in losses over $2000.
	204	+	17 (B) Point values shall be assessed based upon the
	205	+	18 signal word on the label of the chemical involved:
	206	+	19Point Value Signal Word 20 1 Caution 21 2 Warning 22 4 Danger/Poison 19 Point Value Signal Word 20 1 Caution 21 2 Warning 22 4 Danger/Poison
	207	+	19 Point Value Signal Word
	208	+	20 1 Caution
	209	+	21 2 Warning
	210	+	22 4 Danger/Poison
	211	+	23 (C) Point values shall be assessed based upon the
	212	+	24 degree of responsibility.
	213	+	25Point ValueDegree of Responsibility262Accidental (such as equipment 25 Point Value Degree of Responsibility 26 2 Accidental (such as equipment
	214	+	25 Point Value Degree of Responsibility
	215	+	26 2 Accidental (such as equipment
306	216
307	217
308		-	points will be assessed foreach count) points will be assessed for each count)
309		-	points will be assessed for
310		-	each count)
311		-	(5) Any penalty not paid within 60 days of notice from
312		-	the Department shall be submitted to the Attorney
313		-	General's Office for collection. Failure to pay a penalty
314		-	shall also be grounds for suspension or revocation of
315		-	permits, licenses and registrations.
316		-	(6) Private applicators, except those private
317		-	applicators who have been found by the Department to have
318		-	committed a "use inconsistent with the label" as defined
319		-	in subsection 40 of Section 4 of this Act, are exempt from
320		-	the Use and Violation Criteria point values.
321		-	(Source: P.A. 102-558, eff. 8-20-21.)
322		-	Section 99. Effective date. This Act takes effect upon
323		-	becoming law.
324	218
325		-	points will be assessed for
326		-	each count)
	219	+
	220	+
	221	+	SB0203 Enrolled - 6 - LRB103 25085 CPF 51420 b
	222	+
	223	+
	224	+	19 Point Value Signal Word
	225	+	20 1 Caution
	226	+	21 2 Warning
	227	+	22 4 Danger/Poison
	228	+
	229	+
	230	+	25 Point Value Degree of Responsibility
	231	+	26 2 Accidental (such as equipment
	232	+
	233	+
	234	+	SB0203 Enrolled- 7 -LRB103 25085 CPF 51420 b SB0203 Enrolled - 7 - LRB103 25085 CPF 51420 b
	235	+	SB0203 Enrolled - 7 - LRB103 25085 CPF 51420 b
	236	+	1 malfunction)24Negligence310Knowingly 1 malfunction) 2 4 Negligence 3 10 Knowingly
	237	+	1 malfunction)
	238	+	2 4 Negligence
	239	+	3 10 Knowingly
	240	+	4 (D) Point values shall be assessed based upon the
	241	+	5 violator's history for the previous 3 years:
	242	+	6Point ValueRecord72Advisory letter83Warning letter95101112Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty137Certification, license or 14registration currently15suspended or revoked 6 Point Value Record 7 2 Advisory letter 8 3 Warning letter 9 5 10 11 12 Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty 13 7 Certification, license or 14 registration currently 15 suspended or revoked
	243	+	6 Point Value Record
	244	+	7 2 Advisory letter
	245	+	8 3 Warning letter
	246	+	9 5
	247	+	10
	248	+	11
	249	+	12 Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty
	250	+	13 7 Certification, license or
	251	+	14 registration currently
	252	+	15 suspended or revoked
	253	+	16 (E) Point values shall be assessed based upon the
	254	+	17 violation type:
	255	+	18 (1) Application Oriented:
	256	+	19Point ValueViolation201Inadequate records212Lack of supervision222Faulty equipment 19 Point Value Violation 20 1 Inadequate records 21 2 Lack of supervision 22 2 Faulty equipment
	257	+	19 Point Value Violation
	258	+	20 1 Inadequate records
	259	+	21 2 Lack of supervision
	260	+	22 2 Faulty equipment
	261	+	23 Use contrary to label directions:
	262	+	242a. resulting in exposure to 25applicator or operator263b. resulting in exposure to 24 2 a. resulting in exposure to 25 applicator or operator 26 3 b. resulting in exposure to
	263	+	24 2 a. resulting in exposure to
	264	+	25 applicator or operator
	265	+	26 3 b. resulting in exposure to
	266	+
	267	+
	268	+
	269	+
	270	+
	271	+	SB0203 Enrolled - 7 - LRB103 25085 CPF 51420 b
	272	+
	273	+	1 malfunction)
	274	+	2 4 Negligence
	275	+	3 10 Knowingly
	276	+
	277	+
	278	+	6 Point Value Record
	279	+	7 2 Advisory letter
	280	+	8 3 Warning letter
	281	+	9 5
	282	+	10
	283	+	11
	284	+	12 Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty
	285	+	13 7 Certification, license or
	286	+	14 registration currently
	287	+	15 suspended or revoked
	288	+
	289	+
	290	+	19 Point Value Violation
	291	+	20 1 Inadequate records
	292	+	21 2 Lack of supervision
	293	+	22 2 Faulty equipment
	294	+
	295	+
	296	+	24 2 a. resulting in exposure to
	297	+	25 applicator or operator
	298	+	26 3 b. resulting in exposure to
	299	+
	300	+
	301	+	SB0203 Enrolled- 8 -LRB103 25085 CPF 51420 b SB0203 Enrolled - 8 - LRB103 25085 CPF 51420 b
	302	+	SB0203 Enrolled - 8 - LRB103 25085 CPF 51420 b
	303	+	1other persons or the2environment33c. precautionary statements, 4sites, rates, restricted use5requirements63Water contamination73Storage or disposal contrary 8to label directions93Pesticide drift104Direct application to a11 non-target site126Falsification of records13614Failure to secure a permit or violation of permit or special15 order 1 other persons or the 2 environment 3 3 c. precautionary statements, 4 sites, rates, restricted use 5 requirements 6 3 Water contamination 7 3 Storage or disposal contrary 8 to label directions 9 3 Pesticide drift 10 4 Direct application to a 11 non-target site 12 6 Falsification of records 13 6 14 Failure to secure a permit or violation of permit or special 15 order
	304	+	1 other persons or the
	305	+	2 environment
	306	+	3 3 c. precautionary statements,
	307	+	4 sites, rates, restricted use
	308	+	5 requirements
	309	+	6 3 Water contamination
	310	+	7 3 Storage or disposal contrary
	311	+	8 to label directions
	312	+	9 3 Pesticide drift
	313	+	10 4 Direct application to a
	314	+	11 non-target site
	315	+	12 6 Falsification of records
	316	+	13 6
	317	+	14 Failure to secure a permit or violation of permit or special
	318	+	15 order
	319	+	16 (2) Product Oriented:
	320	+	17Point ValueViolation186Pesticide not registered194Product label claims differ 20from approved label21422Product composition (active ingredients differs from 23that of approved label)244Product not colored as required254Misbranding as set forth in 26Section 5 of the Act (4 17 Point Value Violation 18 6 Pesticide not registered 19 4 Product label claims differ 20 from approved label 21 4 22 Product composition (active ingredients differs from 23 that of approved label) 24 4 Product not colored as required 25 4 Misbranding as set forth in 26 Section 5 of the Act (4
	321	+	17 Point Value Violation
	322	+	18 6 Pesticide not registered
	323	+	19 4 Product label claims differ
	324	+	20 from approved label
	325	+	21 4
	326	+	22 Product composition (active ingredients differs from
	327	+	23 that of approved label)
	328	+	24 4 Product not colored as required
	329	+	25 4 Misbranding as set forth in
	330	+	26 Section 5 of the Act (4
	331	+
	332	+
	333	+
	334	+
	335	+
	336	+	SB0203 Enrolled - 8 - LRB103 25085 CPF 51420 b
	337	+
	338	+	1 other persons or the
	339	+	2 environment
	340	+	3 3 c. precautionary statements,
	341	+	4 sites, rates, restricted use
	342	+	5 requirements
	343	+	6 3 Water contamination
	344	+	7 3 Storage or disposal contrary
	345	+	8 to label directions
	346	+	9 3 Pesticide drift
	347	+	10 4 Direct application to a
	348	+	11 non-target site
	349	+	12 6 Falsification of records
	350	+	13 6
	351	+	14 Failure to secure a permit or violation of permit or special
	352	+	15 order
	353	+
	354	+
	355	+	17 Point Value Violation
	356	+	18 6 Pesticide not registered
	357	+	19 4 Product label claims differ
	358	+	20 from approved label
	359	+	21 4
	360	+	22 Product composition (active ingredients differs from
	361	+	23 that of approved label)
	362	+	24 4 Product not colored as required
	363	+	25 4 Misbranding as set forth in
	364	+	26 Section 5 of the Act (4
	365	+
	366	+
	367	+	SB0203 Enrolled- 9 -LRB103 25085 CPF 51420 b SB0203 Enrolled - 9 - LRB103 25085 CPF 51420 b
	368	+	SB0203 Enrolled - 9 - LRB103 25085 CPF 51420 b
	369	+	1points will be assessed for2each count) 1 points will be assessed for 2 each count)
	370	+	1 points will be assessed for
	371	+	2 each count)
	372	+	3 (5) Any penalty not paid within 60 days of notice from
	373	+	4 the Department shall be submitted to the Attorney
	374	+	5 General's Office for collection. Failure to pay a penalty
	375	+	6 shall also be grounds for suspension or revocation of
	376	+	7 permits, licenses and registrations.
	377	+	8 (6) Private applicators, except those private
	378	+	9 applicators who have been found by the Department to have
	379	+	10 committed a "use inconsistent with the label" as defined
	380	+	11 in subsection 40 of Section 4 of this Act, are exempt from
	381	+	12 the Use and Violation Criteria point values.
	382	+	13 (Source: P.A. 102-558, eff. 8-20-21.)
	383	+	14 Section 99. Effective date. This Act takes effect upon
	384	+	15 becoming law.
	385	+
	386	+
	387	+
	388	+
	389	+
	390	+	SB0203 Enrolled - 9 - LRB103 25085 CPF 51420 b
	391	+
	392	+	1 points will be assessed for
	393	+	2 each count)