HB2376eng 103RD GENERAL ASSEMBLY

HB2376 Engrossed LRB103 25377 CPF 53332 b

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Environmental Protection Act is amended by adding Section 52.11 as follows:

(415 ILCS 5/52.11 new)

Sec. 52.11. Disposable food service containers.

(a) In this Section:

"Disposable food service container" means service ware designed for one-time use. "Disposable food service container" includes, but is not limited to, service ware for take-out foods, bakery products, and leftovers from partially consumed meals. "Disposable food service container" does not include polystyrene foam coolers or ice chests that are used for the processing or shipping of seafood or service ware that is used to contain, transport, or otherwise package raw, uncooked, or butchered meat, poultry, fish, or seafood.

"Polystyrene foam" means blown polystyrene and expanded or extruded foams using a styrene monomer.

"Primarily engaged in the sale of ready-to-eat food for immediate consumption" means that a retail establishment derives at least 51% of its total sales, excluding the sale of liquor, from the sale of ready-to-eat food for immediate consumption.

"Restaurant" means a retail establishment that is primarily engaged in the sale of ready-to-eat food for immediate consumption.

"Retail establishment" means a person or entity that is engaged in the business of making sales at retail and that generates occupation or use tax revenue.

"Service ware" means a container, bowl, plate, tray, carton, cup, lid, or other item designed to contain, transport, serve, or aid in the consumption of food or beverages.

(b) Beginning January 1, 2024, a retail establishment may not sell or distribute in this State a disposable food service container that is composed in whole or in part of polystyrene foam.

(c) The prohibition under subsection (b) shall not apply to the following entities, or to the sale of polystyrene foam by a retail establishment to the following entities, until January 1, 2025:

(1) A food pantry.

(2) A soup kitchen.

(3) A not-for-profit corporation that provides food to needy individuals at no or nominal charge.

(4) A federal, State, or local governmental agency that provides food to needy individuals at no or nominal charge.

(5) A restaurant with an annual gross income under $500,000 per location as stated on the restaurant's income tax filing for the most recent tax year.

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