Sen. Terry Link

Filed: 3/10/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 1597 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Compostable Bags in Retail Establishments Act.
6    Section 5. Definitions. As used in this Act:
7    "Plastic film bag" means a bag that is provided by a retail
8establishment at the check stand, cash register, point of sale,
9or other point of departure to a customer for the purpose of
10transporting food or merchandise out of the establishment or
11sold by a retailer in packages containing multiple bags
12intended for use as garbage, pet waste, or yard waste bags.
13"Plastic film bag" does not include bags used by customers
14inside stores to package bulk items such as fruit, vegetables,
15nuts, grains, candy, greeting cards, or small hardware items,
16such as nails and bolts, or to contain or wrap frozen foods,



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1meat or fish, whether prepackaged or not, or to contain or wrap
2flowers or potted plants, or other items where dampness may be
3a problem, or to contain unwrapped prepared foods or bakery
4goods, or to contain prescription drugs, or to safeguard public
5health and safety during the transportation of prepared
6take-out foods and prepared liquids intended for consumption
7away from the retail establishment; or newspaper bags,
8door-hanger bags, or laundry-dry cleaning bags.
9    "Compostable" means that the product completely breaks
10down into a stable product due to the action of microorganisms
11in a controlled, aerobic commercial process that results in a
12material safe and desirable as a soil amendment, meets the
13compost standards under 35 Ill. Adm. Code 830.503, has been
14found to degrade satisfactorily at the composting facility
15receiving the material, meets industry standard specification
16ASTM D6400, and has been certified as compostable by the
17Biodegradable Products Institute or a similar national or
18international certification authority.
19    "Retail establishment" means any person, corporation,
20partnership, business venture, public sports or entertainment
21facilities, government agency, street vendor or vendor at
22public events or festivals, or organizations that sell or
23provide merchandise, goods, or materials including, without
24limitation, clothing, food, beverages, household goods, or
25personal items of any kind directly to a customer. "Retail
26establishment" includes, but is not limited to, department



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1stores, clothing stores, jewelry stores, grocery stores,
2pharmacies, home improvement stores, liquor stores,
3convenience stores, gas stations, restaurants, food vending
4trucks, farmers markets, and temporary vendors of food and
5merchandise at street fairs and festivals. "Retail
6establishment" does not include food banks and other food
7assistance programs.
8    Section 10. Compostable bags; retail establishments. No
9retail establishment in the State shall use, provide, or sell
10polyethylene or other non-compostable plastic film bags tinted
11green to the retail establishment's customers. Any plastic film
12bags meeting the definition of compostable that retail
13establishments provide or sell to customers must be tinted
14green and shall be clearly labeled "COMPOSTABLE", including
15language following the Federal Trade Commission's "Green
16Guides". No plastic film bag that retail establishments provide
17to or sell to customers may be labeled with the term
18"biodegradable", "degradable", "decomposable", or any similar
19terms, or in any way imply that the product will break down,
20fragment, biodegrade, or decompose in a landfill or other
22    Section 99. Effective date. This Act takes effect January
231, 2018.".