100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4653

 

Introduced , by Rep. Will Guzzardi

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 620/3.15  from Ch. 56 1/2, par. 503.15

    Amends the Illinois Food, Drug and Cosmetic Act. Provides that provisions prohibiting the offer for sale of any bulk food in a manner other than to prevent direct handling of such items by the consumer shall not prohibit self-service by consumers provided that take-home containers, including bags, cups, and lids, provided for consumer use are stored and dispensed in a sanitary manner. Allows a retailer to permit a consumer to fill or refill a personal container with bulk food if the dispensers used prevent the direct handling of the bulk food. Provides that the risk that the consumer's personal container is unsafe, impure, contaminated, or in a nonsterile condition when it is filled or refilled by the consumer or used in a manner that contaminates the bulk food shall be borne solely by the consumer, and, except for warranties, no liability shall attach to the manufacturer, seller, or dispenser of the container. Effective immediately.


LRB100 16769 MJP 31909 b

 

 

A BILL FOR

 

HB4653LRB100 16769 MJP 31909 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Food, Drug and Cosmetic Act is
5amended by changing Section 3.15 as follows:
 
6    (410 ILCS 620/3.15)  (from Ch. 56 1/2, par. 503.15)
7    Sec. 3.15. To offer for sale any bulk food in a manner
8other than to prevent direct handling of such items by the
9consumer. This Section shall not prohibit self-service by
10consumers provided that the dispensers utilized prevent the
11direct handling of such foods and that take-home containers,
12including bags, cups, and lids, provided for consumer use are
13stored and dispensed in a sanitary manner.
14    A retailer may allow a consumer to fill or refill a
15personal container with bulk food if the dispensers used
16prevent the direct handling of the bulk food; the risk that the
17consumer's personal container is unsafe, impure, contaminated,
18or in a nonsterile condition when it is filled or refilled by
19the consumer or used in a manner that contaminates the bulk
20food shall be borne solely by the consumer, and, except for
21warranties, no liability shall attach to the manufacturer,
22seller, or dispenser of the container.
23(Source: P.A. 84-891.)
 

 

 

HB4653- 2 -LRB100 16769 MJP 31909 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.