Pesticide makers would report and restrict PFAS-containing products

Pesticide registrants would have to report whether products contain PFAS and provide details when they do. The requirement covers pesticides, including their active and inactive ingredients, submitted for registration in Illinois. A product with PFAS would require the name and purpose of each PFAS chemical and the amount of each chemical. The amount may be identified by its name, chemical structure, testing method, registry number, or another method approved by the Director. The Department of Agriculture would set implementation rules and could require more information. The reporting requirement would apply beginning January 1, 2027.

The Agriculture Director would not register pesticide products containing intentionally added PFAS, and people would be prohibited from using those pesticides. This covers any pesticide product containing a chemical that is intentionally added PFAS, including certain PFAS breakdown products and processing chemicals. Intentionally added PFAS means a PFAS deliberately added to perform a function, and it includes specified breakdown products and processing agents when PFAS remains in the final product. PFAS present only because of contaminated water would be excluded if the manufacturer took no action that caused it to be present. The Department of Agriculture would adopt rules to implement the registration and use prohibitions. The registration and pesticide-use prohibitions would begin January 1, 2027.

People would be prohibited from using spray adjuvants that contain intentionally added PFAS. The prohibition covers spray adjuvants containing a PFAS deliberately added to the product or covered by the bill’s related definition. The Department of Agriculture would adopt rules to implement this prohibition. The water-contamination exception in the definition of intentionally added PFAS would apply. The spray-adjuvant use prohibition would begin January 1, 2030.