Public Act 103-0062
SB0203 EnrolledLRB103 25085 CPF 51420 b SB0203 Enrolled LRB103 25085 CPF 51420 b
SB0203 Enrolled LRB103 25085 CPF 51420 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pesticide Act is amended by
changing Section 24.1 as follows:
(415 ILCS 60/24.1) (from Ch. 5, par. 824.1)
Sec. 24.1. Administrative actions and penalties.
(1) The Director is authorized after an opportunity for an
administrative hearing to suspend, revoke, or modify any
license, permit, special order, registration, or certification
issued under this Act. This action may be taken in addition to
or in lieu of monetary penalties assessed as set forth in this
Section. When it is in the interest of the people of the State
of Illinois, the Director may, upon good and sufficient
evidence, suspend the registration, license, or permit until a
hearing has been held. In such cases, the Director shall issue
an order in writing setting forth the reasons for the
suspension. Such order shall be served personally on the
person or by registered or certified mail sent to the person's
business address as shown in the latest notification to the
Department. When such an order has been issued by the
Director, the person may request an immediate hearing.
(2) Before initiating hearing proceedings, the Director
SB0203 Enrolled LRB103 25085 CPF 51420 b
may issue an advisory letter to a violator of this Act or its
rules and regulations when the violation points total 6 or
less, as determined by the Department by the Use and Violation
Criteria established in this Section. When the Department
determines that the violation points total more than 6 but not
more than 13, the Director shall issue a warning letter to the
violator.
(3) The hearing officer upon determination of a violation
or violations shall assess one or more of the following
penalties:
(A) For any person applying pesticides without a
license or misrepresenting certification or failing to
comply with conditions of an agrichemical facility permit
or failing to comply with the conditions of a written
authorization for land application of agrichemical
contaminated soils or groundwater, a penalty of $500 shall
be assessed for the first offense and $1,000 for the
second and subsequent offenses.
(B) For violations of a stop use order imposed by the
Director, the penalty shall be $2500.
(C) For violations of a stop sale order imposed by the
Director, the penalty shall be $1500 for each individual
item of the product found in violation of the order.
(D) For selling restricted use pesticides to a
non-certified applicator the penalty shall be $1000.
(E) For selling restricted use pesticides without a
dealer's license the penalty shall be $1,000.
(F) For constructing or operating without an
agrichemical facility permit after receiving written
notification, the penalty shall be $500 for the first
offense and $1,000 for the second and subsequent offenses.
(F-5) For any person found by the Department to have
committed a use inconsistent with the label, as defined in
subsection 40 of Section 4, that results in human exposure
to a pesticide, the penalty shall be assessed in
accordance with this paragraph (F-5). The Department shall
impose a penalty under this paragraph (F-5) only if it
represents an amount greater than the penalty assessed
under subparagraph (G). The amount of the penalty under
this paragraph (F-5) is calculated as follows:
(a) If fewer than 3 humans are exposed, then the
penalty shall be $500 for each human exposed.
(b) If 3 or more humans but fewer than 5 humans are
exposed, then the penalty shall be $750 for each human
exposed.
(c) If 5 or more humans are exposed, then the
penalty shall be $1,250 for each human exposed.
If a penalty is imposed under this paragraph (F-5),
the Department shall redetermine the total violation
points under subsection (4), less any points under
subsection (4) stemming from human exposure, and impose
any additional penalty under subparagraph (G) based on the
new total. The reassessed total shall not affect any
determination under subsection (2); any determination
under subsection (2) shall be determined by the full
application of points under subsection (4).
(G) For violations of the Act and rules and
regulations, administrative penalties will be based upon
the total violation points as determined by the Use and
Violation Criteria as set forth in paragraph (4) of this
Section. The monetary penalties shall be as follows:
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
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
(4) Subject to paragraph (F-5), the The following Use and
Violation Criteria establishes the point value which shall be
compiled to determine the total violation points and
administrative actions or monetary penalties to be imposed as
set forth in paragraph (3)(G) of this Section:
(A) Point values shall be assessed upon the harm or
loss incurred.
(1) A point value of 1 shall be assessed for the
following:
(a) Exposure to a pesticide by plants, animals
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
or humans with no symptoms or damage noted.
(b) Fraudulent sales practices or
representations with no apparent monetary losses
involved.
(2) A point value of 2 shall be assessed for the
following:
(a) Exposure to a pesticide which resulted in:
(1) Plants or property showing signs of
damage including but not limited to leaf curl,
burning, wilting, spotting, discoloration, or
dying.
(2) Garden produce or an agricultural crop
not being harvested on schedule.
(3) Fraudulent sales practices or
representations resulting in losses under
$500.
(3) A point value of 4 shall be assessed for the
following:
(a) Exposure to a pesticide resulting in a
human experiencing headaches, nausea, eye
irritation and such other symptoms which persisted
less than 3 days.
(b) Plant or property damage resulting in a
loss below $1000.
(c) Animals exhibiting symptoms of pesticide
poisoning including but not limited to eye or skin
irritations or lack of coordination.
(d) Death to less than 5 animals.
(e) Fraudulent sales practices or
representations resulting in losses from $500 to
$2000.
(4) A point value of 6 shall be assessed for the
following:
(a) Exposure to a pesticide resulting in a
human experiencing headaches, nausea, eye
irritation and such other symptoms which persisted
3 or more days.
(b) Plant or property damage resulting in a
loss of $1000 or more.
(c) Death to 5 or more animals.
(d) Fraudulent sales practices or
representations resulting in losses over $2000.
(B) Point values shall be assessed based upon the
signal word on the label of the chemical involved:
Point Value Signal Word 1 Caution 2 Warning 4 Danger/Poison Point Value Signal Word 1 Caution 2 Warning 4 Danger/Poison
Point Value Signal Word
1 Caution
2 Warning
4 Danger/Poison
(C) Point values shall be assessed based upon the
degree of responsibility.
Point ValueDegree of Responsibility2Accidental (such as equipment Point Value Degree of Responsibility 2 Accidental (such as equipment
Point Value Degree of Responsibility
2 Accidental (such as equipment
Point Value Signal Word
1 Caution
2 Warning
4 Danger/Poison
Point Value Degree of Responsibility
2 Accidental (such as equipment
malfunction)4Negligence10Knowingly malfunction) 4 Negligence 10 Knowingly
malfunction)
4 Negligence
10 Knowingly
(D) Point values shall be assessed based upon the
violator's history for the previous 3 years:
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
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
(E) Point values shall be assessed based upon the
violation type:
(1) Application Oriented:
Point ValueViolation1Inadequate records2Lack of supervision2Faulty equipment Point Value Violation 1 Inadequate records 2 Lack of supervision 2 Faulty equipment
Point Value Violation
1 Inadequate records
2 Lack of supervision
2 Faulty equipment
Use contrary to label directions:
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
2 a. resulting in exposure to
applicator or operator
3 b. resulting in exposure to
malfunction)
4 Negligence
10 Knowingly
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
Point Value Violation
1 Inadequate records
2 Lack of supervision
2 Faulty equipment
2 a. resulting in exposure to
applicator or operator
3 b. resulting in exposure to
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
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
(2) Product Oriented:
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
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
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
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
points will be assessed foreach count) points will be assessed for each count)
points will be assessed for
each count)
(5) Any penalty not paid within 60 days of notice from
the Department shall be submitted to the Attorney
General's Office for collection. Failure to pay a penalty
shall also be grounds for suspension or revocation of
permits, licenses and registrations.
(6) Private applicators, except those private
applicators who have been found by the Department to have
committed a "use inconsistent with the label" as defined
in subsection 40 of Section 4 of this Act, are exempt from
the Use and Violation Criteria point values.
(Source: P.A. 102-558, eff. 8-20-21.)
Section 99. Effective date. This Act takes effect upon
becoming law.
points will be assessed for
each count)