This Act shall be known as the Illinois Pesticide Act
This Act shall be known as the Illinois Pesticide Act. (Source: P.A. 85-177.)
Illinois · statute · 415 ILCS 60 · 38 active provisions
This Act shall be known as the Illinois Pesticide Act. (Source: P.A. 85-177.)
Declaration of Purpose: The purpose of this Act is to regulate in the public interest the labeling, distribution, use and application of pesticides as herein defined. It is recognized that pesticides are valuable and necessary to Illinois' agricultural production and to the protection of man and his environment from pe…
Delegation of Authority. The Illinois Department of Agriculture shall administer "The Illinois Pesticide Act". 1. It shall be the duty of the Department of Agriculture to enforce this Act and such provisions of other Acts intended to control the registration, purchase, use, storage and disposal of pesticides, unless ot…
Definitions. As used in this Act: 1. "Director" means Director of the Illinois Department of Agriculture or his authorized representative. 2. "Active Ingredient" means any ingredient which will prevent, destroy, repel, control or mitigate a pest or which will act as a plant regulator, defoliant or desiccant. 3. "Adulte…
Misbranded. The term misbranded shall apply: 1. To any pesticide or device designated as requiring registration by the Director under authority of this Act: A. If its labeling bears any statement or graphic representation relating to labeling or to the ingredients which is misleading or false in any particular. B. If i…
Registration. 1. Every pesticide which is distributed, sold, offered for sale within this State, delivered for transportation or transported in interstate commerce or between points within the State through any point outside the State, shall be registered with the Director or his designated agent, subject to provisions…
Refusal to Register, Cancellation, Suspension. 1. The Director may refuse to register a pesticide or cancel or suspend a pesticide registration if: A. It does not appear that the composition of the pesticide is such as to warrant the proposed claims, if the pesticide does not comply with provisions of this Act or regul…
Authority, Determinations, Rules and Regulations, Uniformity. 1. The Director is authorized, after due notice and opportunity for hearing, to declare and establish as a pest, for purposes of pesticide use and application, any form of plant or animal life, other than man himself, bacteria, viruses, and the microorganism…
Licenses and pesticide dealer registrations requirements; certification. (a) Licenses and pesticide dealer registrations issued pursuant to this Act as a result of certification attained in calendar year 2017 or earlier shall be valid for the calendar year in which they were issued, except that private applicator licen…
Commercial applicator license. No commercial applicator shall use or supervise the use of any pesticide without a commercial license issued by the Director. For the years 2024 through 2025, the fee for a multi-year commercial applicator license is $240. For the year 2026 and for each year thereafter, the fee for a mult…
Certified pesticide applicators and private applicators. No person shall use or supervise the use of pesticides classified for restricted use without a license issued by the Director. Persons licensed or desiring to be licensed as certified pesticide applicators shall comply with the certification requirements as set f…
Commercial not-for-hire license. No commercial not-for-hire applicator shall use or supervise the use of any pesticide without a license issued by the Director. For the years 2024 through 2025, the fee for a multi-year commercial not-for-hire pesticide applicator license is $120. For the year 2026 and for each year the…
Operator permit and certified applicator and dealer license renewal. 1. Subject to appropriation, sufficient available education courses, and successful procurement and implementation of any requisite tracking software, certified applicators, licensed operators, or registered pesticide dealers may elect to take educati…
Licensed operator. No pesticide operator shall use any pesticides without a pesticide operator license issued by the Director. 1. Application for an operator license shall be made in writing on designated forms available from the Director. Each application shall contain information regarding the nature of applicants pe…
Pesticide dealers. Any pesticide dealer who sells Restricted Use pesticides shall be registered with the Department on forms provided by the Director. Beginning July 1, 2005, any pesticide dealer that sells non-restricted use pesticides for use in the production of an agricultural commodity in containers with a capacit…
Agrichemical facility. (a) An agrichemical facility located within the State of Illinois that was not in existence during the years 1991, 1992, and 1993 and therefore did not pay the registration fee of $500 per year per agrichemical facility for those years may make a one-time payment of $1,500 to the Department of Ag…
Agrichemical facility containment permits. An agrichemical containment permit issued by the Department shall be obtained for each existing and new agrichemical facility and non-commercial agrichemical facility as defined by rules promulgated by the Department. A permit fee of $250 shall be submitted to the Department w…
Barrier mosquitocides. (a) Except as provided under subsection (e) and rules adopted by the Department of Agriculture under subsection (b), no commercial applicator shall apply a barrier mosquitocide between October 16 and April 14. (b) The Department of Agriculture may adopt rules allowing for the application of barri…
Mosquito misters prohibited. No person shall install or use any residential automatic pesticide misting system in this State. For purposes of this Section, "residential automatic pesticide misting system" means any device that is designed to be installed on, near, or around the exterior of any residential dwelling or t…
Unlawful acts. 1. The following are violations of this Act, if any person: A. Made false or fraudulent claims through any media misrepresenting the effect of pesticides or methods. B. Applied known ineffective or improper pesticides. C. Applied pesticides in a faulty, careless, or negligent manner. D. Used or made reco…
Enforcement. 1. The sampling and examination of pesticides, devices, books and records, and the labeling of pesticides or devices shall be made under the supervision of the Director for the purposes of determining compliance with provisions of this Act. The Director, upon presentation of identification, is authorized t…
Orders to Stop Sale or Use or to Regulate Removal. 1. Under any circumstance where the Director has reason to believe a pesticide or device is being sold, distributed, stored or used in violation of any provision of this Act, or regulations adopted thereunder, he may issue and serve a written order to stop sale, stop u…
Judicial Action in order to Stop Sale or Use, or to Regulate Removal. 1. After service of an order to stop sale or use or to regulate removal is made upon any person, either that person, the registrant or the Director may file an action in the circuit court for the county in which a violation is alleged to have occurre…
Records. 1. Any person issued a license, certificate or permit under the provisions of this Act may be required by the Director to keep records. The record required by the Director shall be kept on forms provided by him. The form shall prescribe the information necessary for effecting compliance with and enforcement of…
Interagency Committee on Pesticides. The Director is authorized to create an interagency committee on pesticides. Its purpose is to study and advise on the use of pesticides on State property. Also, its purpose is to advise any State agency in connection with quarantine programs or the protection of the public health a…