HB2086 EnrolledLRB103 25568 CPF 51917 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 provided further that the
12take-home containers, including bags, cups, and lids, are
13maintained clean, sanitary, and free from debris, smooth,
14durable, and easy-to-clean, and are not capable of causing,
15through cleanliness or design, conditions that may cause or
16spread disease provided for consumer use are cleaned, stored,
17and dispensed in a sanitary manner.
18    A restaurant or retailer may allow a consumer to fill or
19refill a consumer-owned personal container with bulk food if
20the dispensers used prevent the direct handling of the bulk
21food. A restaurant or retailer may fill or refill a
22consumer-owned container with ready-to-eat or dry bulk foods.
23Personal containers used for this purpose shall be clean and

 

 

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1sanitary.
2    Except as provided under Part 750 of Title 77 of the
3Illinois Administrative Code, county health departments and
4municipalities may regulate but shall not prohibit (1) the
5ability of a retailer to allow a consumer to fill or refill a
6consumer-owned personal container with bulk food if the
7dispensers used prevent the direct handling of the bulk food
8or (2) the ability of a restaurant or retailer to fill or
9refill a consumer-owned container with ready-to-eat or dry
10bulk foods and the personal containers used are clean and
11sanitary.
12    Clean consumer-owned containers provided or returned to a
13restaurant or retailer for filling or refilling may be filled
14or refilled and returned to the same consumer if the
15consumer-owned container is filled or refilled by either (i)
16an employee of the restaurant or retailer or (ii) the owner of
17the consumer-owned container.
18    A consumer-owned container that is filled or refilled
19under this Section shall be designed and constructed for reuse
20in accordance with Section 3-304.17(B)(1) of the 2017 Food
21Code published by the U.S. Food and Drug Administration.
22Consumer-owned containers that are not food-specific may be
23filled or refilled at a beverage vending machine or system.
24    A restaurant or retailer shall:
25        (1) either isolate the consumer-owned container from
26    the serving surface or clean and sanitize the serving

 

 

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1    surface after each filling or refilling, except for bulk
2    food if the dispensers used prevent the direct handling of
3    the bulk food;
4        (2) prepare, maintain, and adhere to written
5    procedures to prevent cross-contamination and make the
6    written procedures available to the local health
7    department or municipality upon request or at the time of
8    an inspection; and
9        (3) ensure compliance with any handwashing
10    requirements.
11    On or before January 1, 2024, the Department of Public
12Health shall produce materials for restaurants and retailers,
13to be made available electronically, indicating that
14consumer-owned containers are not prohibited for use under
15Illinois law and specifying best practices for food safety
16requirements for consumer-owned containers, including, but not
17limited to, sanitation practices, procedures to prevent
18cross-contamination, and handwashing requirements. The
19Department of Public Health may adopt administrative rules
20necessary to implement, interpret, and administer the
21provisions of this Section.
22(Source: P.A. 101-510, eff. 1-1-20.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.